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Understanding Crime of Moral Turpitude and Your Professional, Occupational, or Medical License

By Tony Bertolino, Esq.

For licensed professionals in Texas, few terms carry as much weight, or as much confusion, as “crimes of moral turpitude.” Convictions of these criminal offenses, which are broadly associated with dishonesty, fraud, or conduct that violates accepted moral standards, can seriously impact your ability to practice in your chosen career field. Even when the law doesn’t provide a precise definition, many Texas licensing boards rely on moral turpitude classifications when deciding whether to investigate, discipline, suspend, or revoke a license.

Defining Crimes of Moral Turpitude

A crime of moral turpitude is a classification that can include a wide range of criminal offenses under Texas law. Generally, crimes of moral turpitude involve some element of dishonesty, fraud, deceit, or misrepresentation. Some crimes of moral turpitude involve violent acts, but not all of them do.

Crimes Classified as Crimes of Moral Turpitude

Texas law doesn’t provide a precise list of crimes that are classified as crimes of moral turpitude. Knowing which crimes qualify as crimes of moral turpitude is important because some licensing boards are subject to laws or rules that deem crimes of moral turpitude grounds for disciplinary action against license holders. Some licensing board rules refer to crimes of moral turpitude in general. Still, others provide a list of criminal offenses that may, for one reason or another, make you vulnerable to disciplinary action.

Under Texas law, a criminal offense is only grounds for disciplinary action against your license if the offense directly relates to the duties and responsibilities of the licensed occupation. Therefore, each licensing board decides what offenses fall within that category. Some boards include crimes of moral turpitude, whereas others may include a list of specific criminal offenses. Not surprisingly, many of the crimes designated by licensing boards overlap to some degree.

Determining whether an offense directly relates to the duties and responsibilities of a licensed occupation depends on various factors listed in the Texas Occupations Code. These factors include the following:

• The nature and seriousness of the crime;

• The relationship of the crime to the purposes for requiring a license to engage in the occupation;

• The extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;

• The relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and

• Any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.

Many licensing boards have treated crimes of moral turpitude as "directly related to the duties and responsibilities" of the occupations they license. This decision is likely due to the nature of most licensed occupations, which often involve maintaining public trust, providing essential services, and acting in ways that could adversely affect a person’s health, well-being, or financial status.

Examples of how Licensing Boards may address Crimes of Moral Turpitude

The following are examples of three Texas licensing boards that include crimes of moral turpitude as grounds for disciplinary action against license holders.

Texas Real Estate Commission (TREC)

TREC rules list offenses involving moral turpitude among those criminal offenses that relate to the duties and responsibilities of real estate brokers and sales agents. According to the rule, crimes of moral turpitude usually “demonstrate a person’s inability to represent the interest of another with honesty, trustworthiness, and integrity.” Individuals rely on real estate sales agents and brokers to lead them through transactions that involve a great deal of money, so trust and honesty are required elements for remaining in good standing with TREC.

Texas State Board of Public Accountancy

One of the laws governing certified public accountants (CPAs) lists certain misdemeanor offenses that involve “integrity.” The Texas State Board of Public Accountancy (TSBPA) considers these crimes to directly relate to the duties and responsibilities involved in professional accounting work. This law goes on to list various offenses that the TSBPA includes in this category, such as public lewdness, indecent exposure, enticing a child, improper contact with a victim, abuse of a corpse, prostitution-related offenses, offenses related to obscenity and harmful materials, and employment harmful to children. These offenses are in addition to felony offenses that would, by definition, fall within the category of moral turpitude, such as offenses involving financial fraud.

Texas Medical Board

The Texas Medical Board (TMB) can take disciplinary action against physicians and other medical professionals they regulate if the license holder commits certain crimes. 22 Tex. Admin. Code §190.8 specifically includes misdemeanor crimes involving moral turpitude, which it defines as crimes that:

• Have been found by Texas state courts to be misdemeanors of moral turpitude;

• Involve dishonesty, fraud, deceit, misrepresentation, violence, or

• Reflect adversely on a licensee’s honesty, trustworthiness, or fitness to practice under the scope of the person’s license.

Conclusion

There can be far-reaching impacts to your professional license if you are convicted of a crime involving moral turpitude. That said, each licensing board applies its own specific standards, laws, and rules to determine whether a moral turpitude offense calls your fitness to practice into question. That is why you cannot afford to treat a criminal case as if it ends in criminal court, because it certainly may not.