Sulla v. Board of Registered Nursing

*1198Opinion

NEEDHAM, J.

Unprofessional conduct that is used as a basis for revoking or suspending a professional license must demonstrate an unfitness to practice that profession if the disciplinary action is to comport with due process. Business and Professions Code section 2762, in subdivisions (b) and (c),1 provides that a licensed nurse engages in unprofessional conduct when he or she uses alcoholic beverages “to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public,” or is convicted of a criminal offense involving the consumption of alcohol.

Here,…