California Law and Ethics Practice Exam

According to the California Business and Professions Code, what constitutes "gross negligence"?

1. Minor errors in judgment during therapy

2. Acts or omissions falling below the profession's standard of conduct

3. Intentional misconduct by the therapist

4. Neglecting to charge appropriate fees

The correct answer is: Acts or omissions falling below the profession's standard of conduct

The concept of "gross negligence" in the context of the California Business and Professions Code refers to a significant deviation from the standard of care expected in a professional setting. It is characterized by acts or omissions that fall substantially below the profession’s standards. This definition aligns with professional conduct expectations and serves to highlight a failure that is more than just a minor error or lapse in judgment. When considering the options, minor errors in judgment during therapy do not qualify as gross negligence, as they are usually regarded as part of the normal risk of practice and do not reflect a severe lack of care. Intentional misconduct by the therapist, while serious, is classified distinctly from negligence as it involves deliberate actions rather than the failure to meet a standard. Likewise, neglecting to charge appropriate fees pertains to business practices rather than the care provided to clients, which is outside the realm of gross negligence related to professional standards. Therefore, the acts or omissions that fall below the expected professional standards are what constitute gross negligence under California law.