54-2923. GROUNDS FOR DISCIPLINARY ACTION AND DENIAL. The following conduct, acts or conditions shall constitute grounds for disciplinary action and grounds for denial of an application for licensure or renewal:

(1) The conviction of any felony or being convicted of any crime which has a bearing on any practice pursuant to this chapter. Conviction, as used in this subsection (1), shall include a finding of verdict of guilt, an admission of guilt, or a plea of nolo contendere or its equivalent. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction occurred, shall be conclusive evidence of such conviction;

(2) Obtaining or attempting to obtain a license or registration by fraud, misrepresentation, omission or deceit, or making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession;

(3) When related to the practice for which licensure is required by this chapter, engaging in incompetent or unethical conduct, or practicing or offering to practice beyond the scope of the practice as defined in this chapter, or committing an intentional, negligent, or reckless act or failing to act, or engaging in practice that fails to meet the standard of care provided by licensees in the same or similar communities;

(4) Practicing when physical or mental abilities are impaired by including, but not limited to, the use of controlled substances or other drugs, chemicals or alcohol, or having been adjudged mentally incompetent by a court of competent jurisdiction;

(5) Engaging in practice under a false name or alias or using or attempting to use an invalid license or a license that has been unlawfully purchased, fraudulently obtained, counterfeited or materially altered;

(6) Failing to administer necessary tests utilizing appropriate, established procedures and instrumentation;

(7) Engaging in improper practice or promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party;

(8) Failing to pay a valid judgment that arose out of any practice pursuant to this chapter within two (2) months of the date that the judgment became final;

(9) Having had a license revoked or suspended, other disciplinary action taken or an application for licensure or license renewal refused, revoked or suspended by the proper authorities of another state, territory or country, or omitting such information from any application to the board, or failure to divulge such information when requested by the board;

(10) Failing to notify the board of any change of address of a place of business within thirty (30) days of the date of such change;

(11) Failing to meet continuing education requirements as established by the board;

(12) Failing to provide refunds pursuant to the terms of a written contract entered into by the consumer and the licensee;

(13) Failing to properly or adequately supervise any permit holder, support person, or assistant in accordance with this chapter and the administrative rules adopted by the board, or aiding or abetting a person not licensed in this state who directly or indirectly performs activities requiring a license;

(14) Committing any act of sexual contact, misconduct, exploitation or intercourse with a client or former client or related to the licensee’s practice, provided:

(a) Consent of the client shall not be a defense;

(b) This subsection (14) shall not apply to sexual contact between a licensee and such licensee’s spouse or a person in a domestic relationship with the licensee who is also a client;

(c) A former client means a client for whom the licensee is not at the relevant time providing services but for whom the licensee has provided services within the last twelve (12) months; and

(d) Sexual or romantic relationships with former clients beyond the period of time set forth herein may also be a violation if the licensee uses or exploits the trust, knowledge, emotions or influence derived from the prior professional relationship with the client;

(15) Failing to report to the board any act or omission of a licensee, applicant, or any other person, which violates any provision of this chapter;

(16) Interfering with a board investigation or disciplinary proceeding by willful misrepresentation of facts, failure to provide information upon request from the board, or by use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding, investigation or other legal action;

(17) Violating any provisions of this chapter, board rules, adopted codes of ethics or other applicable federal or state statutes or rules including, but not limited to, the Idaho consumer protection act, relating directly or indirectly to any practice pursuant to this chapter.

History:

[54-2923, added 2005, ch. 277, sec. 2, p. 863.]