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Thread: Unprofessional conduct?

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    Default Unprofessional conduct?

    Does anyone know if registries for nurse aide (CNA/STNA) can issue a unprofessional conduct citation for adult work?
    Last edited by Meg2012; 10-14-2014 at 05:45 AM.

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    Default Re: Unprofessional conduct?

    That's a good question. Out of curiosity I did a search on my states' office of professions websites, but I don't think it applies for CNAs. It doesn't look like they have an official 'ethical code of conduct" list of things you can/cannot do like other healthcare workers have.

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    Default Re: Unprofessional conduct?

    Not sure about CNAs or nurses even, but I know doctors "unprofessional conduct" refers to things directly related to medicine... i.e., relationships with patients, abusing prescription drugs, etc.
    "People jack off with the left hand and point with the right."

    "You can check out any time you like, but you can never leave."

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    Default Re: Unprofessional conduct?

    Lol I don't think anyone cares if a CNA moonlights as a sex worker. They won't take your certificate away for sliding down a pole :p

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    Default Re: Unprofessional conduct?

    I don't think they do. When I initially tested they just require a basic background check. I just wanted to see if anyone had ever had any experience with it.

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    Default Re: Unprofessional conduct?

    ^^^ state professional licensing agencies typically establish two 'tiers' in terms of professional licenses. The upper 'tier' typically involves doctors, registered nurses, practical nurses, attorneys, accountants, teachers, etc. The lower 'tier' typically involves welders, security officers, insurance agents, funeral directors, boiler inspectors, etc. also including CNA's.

    The upper 'tier' enforces a professional code of conduct / ethics ... a serious proven violation of which can result in a citation, fines, hours of community service, and ultimately revoking of a professional license. Adult industry work violates this professional code of conduct / ethics. State professional licensing agencies typically perform 'in-depth' background checks on upper 'tier' initial applications and renewals. I was cited for unprofessional conduct as a Respiratory Therapist, wound up paying a fat fine, and my official license record now includes a letter of citation informing present and potential future employers of my adult industry work. Fortunately for me, I was able to earn and save enough money from dancing and camming over the years that I never need to work as an RT again.

    However, the lower 'tier' usually has much lower standards regarding professional code of conduct / ethics. State professional license agencies typically only perform 'standard' background checks for lower 'tier' applications and renewals - to the point of virtually requiring conviction for a serious crime to draw attention from the state licensing authority. Thus as a CNA not much to worry about ... as long as you aren't planning to 'move up' to LPN or RN.

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    Default Re: Unprofessional conduct?

    I am a medical professional with a doctorate degree. I've never had a problem with licensing, and have been licensed in 5 states. I had dancer's license in San Diego, and I called the FBI to ask what information was actually given out. The man on the other end of the phone had a good laugh, and told me that they only report actual crimes. I have also never been asked about adult work on an application.
    I do think employment screens can be more in depth than simple background checks.

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    Default Re: Unprofessional conduct?

    I feel like citing sex work as unprofessional conduct and FINING a woman for it is reinforcement of slut shaming and it makes me really mad.
    There is no reason to take it up the ass and then act all butthurt.
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    Default Re: Unprofessional conduct?

    I feel like citing sex work as unprofessional conduct and FINING a woman for it is reinforcement of slut shaming and it makes me really mad.
    I obviously felt much the same way, but that didn't stop the state professional licensing board from hitting me with a sizeable fine if I wanted to renew my RT license, and it didn't stop the state professional licensing board from adding the 'unprofessional conduct' citation, and the specific reason for that citation i.e. proof of work in the 'adult' industry, to the top of my professional license file for current and prospective future employers to see. Legally speaking, professional licenses are a 'privelege' not a 'right' ... thus professional licensing boards are legally entitled to enact and enforce a 'Code of Professional Conduct' as a condition of being granted a professional license.


    The man on the other end of the phone had a good laugh, and told me that they only report actual crimes. I have also never been asked about adult work on an application. I do think employment screens can be more in depth than simple background checks.
    I similarly had zero problems during my initial application for a professional RT license in two different states. The problem came up when my RT license came up for renewal. As part of the license renewal process, the state professional licensing agency performed a new background check, a part of which involved the release of IRS records. This in turn led the state professional licensing agency discovering the existence of 1099's I had received from adult related businesses. And only one of the two state professional licensing agencies actually made this discovery via IRS records. Of course that one state promptly informed the other state !

    Thus the FBI only providing 'criminal charge' related information to state professional licensing agencies may be technically true ... but the FBI isn't the only gov't agency the state professional licensing agencies will now check with !! IRS record checking seems to be the hot new element in recent years.

    However, for younger dancers and camgirls, I am actually far more concerned that state professional licensing boards and 'sensitive' employers may soon start using facial recognition software to perform internet searches for matching faces as part of future background checks. I can easily envision the interviewer taking a facial photo, feeding it into a scanner, and before the interview is over producing an internet pic with a matching face and asking ' ummm ... is this you performing on a strip club stage / is this you rocking a vibrator on webcam ?' The FBI obviously has this capability already, and it is becoming increasingly available to non-government entities !

    However, circling back to the OP's question, it is doubtful that any of the lower 'tier' professional licenses will justify the extra background check effort that could turn up 1099's via IRS records, or could turn up 'adult oriented' internet postings with a matching face - either now, or in the future. The type of work involved, the responsibility levels, and the 'sensitivity' of prospective employers, simply doesn't justify it. But the upper 'tier' professional licenses are whole 'nuther story.
    Last edited by Melonie; 10-11-2014 at 05:32 AM.

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    Default Re: Unprofessional conduct?

    I have personally done several renewals. However, I have only danced, never signed tax forms, or used funny money.

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    Default Re: Unprofessional conduct?

    I was wondering if you were ever asked by an employer or state licensing board to sign an IRS 4506-T form for licensing requirements / or to renew your license?
    This is precisely how my 'adult' industry related 1099 forms turned up ... signing the 4506-T IRS permission form was part of my license renewal filing, as was signing a credit check permission form. Neither was required when I originally applied for my licenses.


    It doesn't make any sense to me as to why your tax history information would be required to "renew" a license? That information seems completely irrelevant.
    I was told that these ( new ) IRS record checks and credit checks are intended to help determine the 'personal responsibility' of the license applicant, as well as to verify the accuracy of the applicant's 'stated' job and income history. I am told that many 'sensitive' employers have begun to require that job applicants sign an IRS permission form and credit check permission form as part of their application process for 'professional' level jobs. Thus it's 'logical' that state professional licensing agencies start performing the same sort of background checks as the 'professional' employers their license holders will be working for ... if for no other reason than to CYA / avoid 'embarrassment' if the employer turns up something about a particular job applicant which the state professional licensing board 'missed'.
    Last edited by Melonie; 10-11-2014 at 03:12 PM.

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    Default Re: Unprofessional conduct?

    Melonie- was the 1099's from dancing or camming? Also did you get the citation because you were doing adult work whole actively holding your license?

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    Default Re: Unprofessional conduct?

    I just did my own research and you are 100% correct. In order to renew most professional license (if not all), the renewal process specifically requires your SSN for the release of tax enforcement purposes
    your corroboration is appreciated !!! Again, the upper 'tier' professional licensees will be subjected to this greater level of scrutiny, but the lower 'tier' licensees probably won't. Thus, as a CNA ( which is lower 'tier' ), the OP probably won't have an issue ... unless she continues her studies and seeks an LPN or RN license ( which are upper 'tier' )

    And as you infer, I am also told that this recent increase in professional license scrutiny of IRS records is a potential outgrowth of IRS / gov't efforts to deal with delinquent student loans, with unpaid ACA 'penalty tax' etc. ... with ( threatened ) refusal to grant / renew a professional license being used as 'leverage' to motivate the applicant to pay up. Thus the 'unprofessional conduct' discoveries are apparently a 'side effect' and not the central issue. Nonetheless, 'unprofessional conduct' citations and fines based on IRS records they are now required to check in any case are a source of 'free money' for the state professional licensing agencies.


    was the 1099's from dancing or camming? Also did you get the citation because you were doing adult work whole actively holding your license?
    yes plus ( also videos etc. ), and yes with a 'but'. The 'but' was that, while still holding the RT license, I was not actively working as an RT during the time period covered by the 'adult' industry related 1099's ( I had already quit hospital work to devote full time efforts to dancing etc ). I actually attempted to 'fight' the unprofessional conduct charge on that basis, but that 'defense' didn't fly. Apparently, if you hold a professional license, you are expected to maintain 'Professional Conduct' standards ... period ... even if this means things done on 'your own time', things done during periods of time when you have no active association with your licensed 'profession', etc.


    How many years back of tax history can they obtain?
    The 'standard' pre-employment background check services utililized by prospective employers typically provide two or three years of IRS record transcripts. See for just one example.

    However, where a professional license renewal is involved, the state professional licensing agency can potentially go back for the entire period the license was good for ( 10 years in my case ). Also, check the dates listed ( or not listed ) on the 4506-T form you are given to sign ... because I am told that signing without an 'end' date entry effectively gives your 'advance' permission for the employer / agency to continue accessing your IRS records in future years.
    Last edited by Melonie; 10-12-2014 at 05:04 AM.

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    Default Re: Unprofessional conduct?

    I'm a chiropractor...so it's possible I'm at less risk, since it is mainly a male dominated industry (meaning, they likely don't look as hard for that kind of stuff). I also never signed any tax release forms, nor was asked.

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    Default Re: Unprofessional conduct?

    Do you only get cited for unprofessional conduct for license renewals, or for first time application as well? For instance, if you've never worked in the industry you're applying for, if you've just completed school, will you still likely recieve a citation?
    There is no reason to take it up the ass and then act all butthurt.
    -Sophia_Starina

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    Default Re: Unprofessional conduct?

    Also if I quit before receiving my LPN would I still get a citation?

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    Default Re: Unprofessional conduct?

    ^exactly what I'm wondering...
    There is no reason to take it up the ass and then act all butthurt.
    -Sophia_Starina

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    Default Re: Unprofessional conduct?

    ^^^ you can only be cited for unprofessional conduct AFTER you have been granted the professional license. However, that doesn't mean that an adult industry related 1099 won't turn up during the background check for your initial application. This wouldn't stop you from getting the license, but it may reduce your chances of being hired by 'sensitive' future employers i.e. religious affiliated hospitals, upscale suburban hospitals, private practice doctor's offices, etc. But inner city hospitals, urban clinics, prison hospitals etc. are always looking for nursing staff, where having a license and not having a criminal record are all they will care about.
    Last edited by Melonie; 10-14-2014 at 02:57 AM.

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    Default Re: Unprofessional conduct?

    ^Just wondering, how much in cash would I have to make for something like the 1099s to show up?
    Last edited by Starling; 10-14-2014 at 08:53 AM. Reason: wording

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    Default Re: Unprofessional conduct?

    ^^^ IRS reporting minimum is $600 of payments from a single source over the course of a year. Of course, some companies just run ALL of their payouts through the 1099 form generation program too. So in theory a 1099 could be issued based on a single weekly webcam host payout.

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    Default Re: Unprofessional conduct?

    Quote Originally Posted by ToeOfTheCamel View Post
    I feel like citing sex work as unprofessional conduct and FINING a woman for it is reinforcement of slut shaming and it makes me really mad.
    Exactly-I’m a DV survivor. I’m not doing anything wrong. I’m just trying to better myself.
    Last edited by Ifyouseekamy; 11-28-2017 at 05:48 AM.

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