54-3718. GROUNDS FOR UNPROFESSIONAL CONDUCT. The board may take disciplinary action against a licensee for unprofessional conduct including:

(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;

(2) Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;

(3) Being convicted of a crime in any court except for minor offenses;

(4) Violating any lawful order, rule or regulation rendered or adopted by the board;

(5) Violating any provision of this chapter or rules promulgated pursuant to this chapter;

(6) Practicing beyond the scope of the practice of occupational therapy;

(7) Providing substandard care as an occupational therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the client is established;

(8) Providing substandard care as an occupational therapy assistant, including exceeding the authority to perform components of intervention selected and delegated by the supervising occupational therapist regardless of whether actual injury to the client is established;

(9) Failing to provide appropriate supervision to an occupational therapy assistant or aide in accordance with this chapter and board rules;

(10) Practicing as an occupational therapist or occupational therapy assistant when competent services to recipients may not be provided due to the therapist’s own physical or mental impairment;

(11) Having an occupational therapist or occupational therapy assistant license revoked or suspended, other disciplinary action taken, or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, irrespective of intervening appeals and stays;

(12) Engaging in sexual misconduct. For the purposes of this subsection, sexual misconduct includes:

(a) Engaging in or soliciting sexual relationships, whether consensual or non-consensual, while an occupational therapist or occupational therapy assistant/client relationship exists with that person;

(b) Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with a client or clients;

(13) Aiding or abetting a person who is not licensed as an occupational therapist or occupational therapy assistant in this state and who directly or indirectly performs activities requiring a license;

(14) Abandoning or neglecting a client or clients under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care.

History:

[54-3718, added 2009, ch. 222, sec. 18, p. 700.]