54-3720. PENALTIES AND DISCIPLINARY ACTIONS. (1) Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor.

(2) In addition to the penalties provided for in subsection (1) of this section, the board may impose separately, or in combination, any of the following disciplinary actions on a licensee as provided in this chapter:

(a) Refuse to issue or renew a license;

(b) Suspend or revoke a license;

(c) Impose probationary conditions;

(d) Issue a letter of reprimand or concern;

(e) Require restitution of fees;

(f) Impose a fine as provided for by rule that deprives the licensee of any economic advantage gained by the violation;

(g) Impose practice and/or supervision requirements;

(h) Require licensees to participate in continuing competence activities specified by the board;

(i) Accept a voluntary surrendering of license; or

(j) Take other appropriate corrective actions, including advising other parties, as needed, to protect their legitimate interests and to protect the public.

(3) The assessment of costs and attorney’s fees incurred in an investigation and prosecution or defense in an administrative proceeding against a licensee shall be governed by the provisions of section 12-117(5), Idaho Code.

(4) If the board imposes suspension or revocation of license, application may be made to the board for reinstatement, subject to the limits of this chapter. The board shall have discretion to accept or reject an application for reinstatement and may require an examination or other satisfactory proof of eligibility for reinstatement.

(5) If a licensee is placed on probation, the board may require the license holder to:

(a) Report regularly to the board on matters that are the basis of probation;

(b) Limit practice to the areas prescribed by the board;

(c) Continue to review continuing competence activities until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation; or

(d) Provide other relevant information to the board.

(6) (a) The board is empowered to apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from any threatened or actual act or practice that constitutes an offense under the provisions of this chapter. It shall not be necessary for the board to allege and prove that there is no adequate remedy at law in order to obtain the relief requested. The members of the board shall not be individually liable for applying for such relief.

(b) If a person other than a licensed occupational therapist or occupational therapy assistant threatens to engage in or has engaged in any act or practice that constitutes an offense under the provisions of this chapter, a district court of any county on application of the board may issue an injunction or other appropriate order restraining such conduct.

History:

[(54-3720) 54-3716, added 1987, ch. 69, sec. 1, p. 123; am. and redesig. 2009, ch. 222, sec. 20, p. 702; am. 2018, ch. 348, sec. 18, p. 814.]