(a) A licensee is subject to disciplinary actions under § 2017 of this title if, after a hearing, the Board finds that the licensee has done any of the following:

(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as an occupational therapist or occupational therapy assistant, impersonated another person holding a license or registration, allowed another person to use the licensee’s license, or aided or abetted a person not licensed under this chapter to represent the person as an occupational therapist or occupational therapy assistant.

(2) Been convicted of a crime that is substantially related to the practice of occupational therapy. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction.

(3) Excessively used or abused drugs or alcohol in the previous 2 years.

(4) Engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities.

(5) Violated a provision of this chapter or a regulation established under this chapter.

(6) Had the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction.

a. For this paragraph (a)(6) to apply, the underlying grounds for the action in another jurisdiction must be presented to the Board by certified record, and the Board must determine that the facts found in the other jurisdiction constitute 1 or more of the acts defined in this chapter.

b. A licensee is deemed to have consented to the release of the information under paragraph (a)(6)a. of this section by the Board or comparable agency in another jurisdiction and waived all objections to the admissibility of previously adjudicated evidence on the record of the other jurisdiction.

(7) Failed to notify the Board that the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant in another jurisdiction has been subject to discipline, surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence thereof.

(8) While acting as a supervising occupational therapist, has failed to supervise and take reasonable steps to see that an occupational therapy assistant performs services responsibly, competently, and ethically, in accordance with rules and regulations that the Board established. A supervising occupational therapist is subject to disciplinary action for an act or offense which is grounds for disciplinary action when the act or offense is undertaken by the occupational therapy assistant acting under the supervising occupational therapist’s direction or control.

(b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order the licensee’s attendance. The Court has the jurisdiction to issue an order requiring the licensee to attend the hearing.

(c) [Repealed.]

65 Del. Laws, c. 172, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 293, § 1; 74 Del. Laws, c. 262, § 40; 81 Del. Laws, c. 424, § 15.