NCJ Number
47136
Date Published
1978
Length
14 pages
Annotation
THE DIFFERENCE BETWEEN PROFESSIONAL PRACTICE AND THAT OF LAY OCCUPATIONS IS CONSIDERED; PROFESSIONAL MISCONDUCT IS DISCUSSED, AND SOME REMEDIES ARE SUGGESTED.
Abstract
THE DIFFERENCES BETWEEN A PROFESSIONAL AND THE LAY PUBLIC ARE AS FOLLOWS: PROFESSIONAL WORK IS TECHNICAL, BASED ON SYSTEMATIC KNOWLEDGE ACQUIRED THROUGH LONG TRAINING; THE PROFESSIONAL ADHERES TO A SET OF PROFESSIONAL NORMS. THE FORMATION OF A CODE OF ETHICS BY A PROFESSIONAL SOCIETY IS DISCUSSED AND COMPARED TO THE WORK BEHAVIOR AND INFLUENCE OF MEMBERS OF LEARNED SOCIETIES AND OF BLUE-COLLAR WORKERS WHO ARE UNION MEMBERS. IT IS STATED THAT BLUE-COLLAR WORKERS HAVE LESS OPPORTUNITY TO ENGAGE IN VIOLATIONS TYPICAL OF PROFESSIONAL UNETHICAL CONDUCT, THOUGH THERE ARE POINTS OF SIMILARITY BETWEEN THE TWO GROUPS. A CODE OF PROFESSIONAL ETHICS USUALLY PROHIBITS MEMBERS OF THE PROFESSION FROM ADVERTISING OR FROM ACCEPTING KICKBACKS. CONTIGENCY FEES ARE PERMITTED ONLY TO A DEGREE CONSIDERED RESPONSIBLE BY MEMBERS OF THE PROFESSION AT LARGE. THE PRACTITIONER IS PRESUMED TO SUBORDINATE SELF-INTEREST TO THE GOOD OF THE CLIENT, THE PROFESSION, AND THE PUBLIC. SANCTIONS CAN BE IMPOSED BY THE PROFESSIONAL SOCIETY UPON A MEMBER. BEHAVIOR IN SELECTED OCCUPATIONS IS DISCUSSED. SOME OCCUPATIONS USUALLY THOUGHT OF AS PROFESSIONAL ARE CONSIDERED TO BE ONLY PERIPHERALLY PROFESSIONAL, SUCH AS PHARMACY AND FUNERAL DIRECTORSHIP. BEHAVIOR ORIENTATION WITHIN THE PROFESSIONS CAN BE DESCRIBED AS PROFESSIONAL, BUSINESS, MIXED, AND INDIFFERENT. VIOLATORS WITHIN THE PROFESSION OF PHARMACY ARE FOUND PRIMARILY WITHIN THE BUSINESS CATEGORY. UNETHICAL BEHAVIOR BY LAWYERS IS ATTRIBUTED TO THE UNCERTAINTY OF FEES, CLIENT PRESSURE, AND A CONVICTION PSYCHOLOGY ON THE PART OF THE DISTRICT ATTORNEY. IT IS SUGGESTED THAT THERE IS NOT A GREAT DIFFERENCE BETWEEN THE PRACTICE OF CRIMINAL AND CIVIL LAW. THE BACKLOG OF CASES IN MANY COURT JURISDICTIONS IS BLAMED ON LAWYERS' CONCERN FOR THEIR FEES AND FOR THEIR CONVENIENCE. PROFESSIONAL MISCONDUCT OF PHYSICIANS INCLUDES FEE-SPLITTING, FEE-RAISING, AND OVERCHARGING FOR MINOR SURGERY OR EVEN SURGERY THAT WAS NOT PERFORMED. AS WITH LAWYERS, SOME DOCTORS ARE TRYING TO HALT UNETHICAL PRACTICES. IN CALIFORNIA, A COMMITTEE OF PHYSICIANS HAS SET UP A SCHEDULE OF REASONABLE FEES AND ENSURES EMERGENCY CARE REGARDLESS OF THE PATIENT'S ABILITY TO PAY. IT IS FELT THAT VIOLATIONS IN BOTH THE LEGAL AND MEDICAL PROFESSIONS ARE NUMEROUS, THOUGH NO MORE THAN A MINORITY OF PRACTITIONERS ARE ACTUALLY ENGAGED IN MISCONDUCT. THEIR RESPECTIVE PROFESSIONAL ASSOCIATIONS DO NOT SEEM TO ALLEVIATE THE PROBLEM. PROFESSIONALS MUST POLICE THEIR OWN PROFESSIONS, OR THEIR PRESTIGE AND AUTONOMY WILL BE LOST. REFERENCES ARE PROVIDED. (KBL)