Current through Register Vol. 50, No. 9, September 20, 2024
A. The board may refuse to issue or renew,
may suspend or revoke, or many impose probationary conditions on any
occupational therapy or occupational therapy assistant license, if the licensee
or applicant for license has been guilty of unprofessional conduct which has
endangered or likely to endanger the health, welfare, or safety of the
public.
B. As used herein and
R.S.
37:3011, unprofessional
conduct by an occupational therapist or occupational therapy assistant
shall mean:
1. conviction of a crime or entry
of a plea of guilty or nolo contendere to a criminal charge constituting a
felony under the laws of Louisiana, of the United States, or of the state in
which such conviction or plea was entered;
2. conviction of a crime or entry of a plea
of guilty or nolo contendere to any criminal charge arising out of or in
connection with the practice of occupational therapy;
3. perjury, fraud, deceit, misrepresentation,
or concealment of material facts in obtaining a license to practice
occupational therapy;
4. providing
false testimony before the board or providing false sworn information to the
board;
5. habitual or recurring
abuse of drugs, including alcohol, which affect the central nervous system and
which are capable of inducing physiological or psychological
dependence;
6. solicitation of
patients or self-promotion through advertising or communication, public or
private, which is fraudulent, false, deceptive, or misleading;
7. making or submitting false, deceptive, or
unfounded claims, reports, or opinions to any patient, insurance company, or
indemnity association, company, individual, or governmental authority for the
purpose of obtaining anything of economic value;
8. cognitive or clinical
incompetency;
9. continuing or
recurring practice which fails to satisfy the prevailing and usually accepted
standards of occupational therapy practice in this state;
10. knowingly performing any act which in any
way assists an unlicensed person to practice occupational therapy, or having
professional connection with or lending one's name to an illegal
practitioner;
11. paying or giving
anything of economic value to another person, firm, or corporation to induce
the referral of patients to the occupational therapist or occupational therapy
assistant;
12. interdiction by due
process of law;
13. inability to
practice occupational therapy with reasonable competence, skill, or safety to
patients because of mental or physical illness, condition or deficiency,
including but not limited to deterioration through the aging process and
excessive use or abuse of drugs, including alcohol;
14. refusal to submit to examination an
inquiry by an examining committee of physicians appointed by the board to
inquire into the licensee's physical and/or mental fitness and ability to
practice occupational therapy with reasonable skill or safety to
patients;
15. practicing or
otherwise engaging in any conduct or functions beyond the scope of occupational
therapy as defined by the Act or these rules;
16. the refusal of the licensing authority of
another state to issue or renew a license, permit, or certificate to practice
occupational therapy in that state, or the revocation, suspension, or other
restriction imposed on a license, permit, or certificate issued by such
licensing authority which prevents, restricts, or conditions practice in that
state, or the surrender of a license, permit, or certificate issued by another
state when criminal or administrative charges are pending or threatened against
the holder of such license, permit, or certificate;
17. violation of the code of ethics adopted
and published by the American Occupational Therapy Association, Inc. (AOTA);
or
18. violation of any rules and
regulations of the board, or any provisions of the Act, as amended,
R.S.
37:3001-3014.
C. Denial, refusal to renew, suspension,
revocation, or imposition of probationary conditions upon a licensee may be
ordered by the board in a decision made after a hearing in accordance with the
Administrative Procedure Act and the applicable rules and regulations of the
board. One year after the date of the revocation of a license, application may
be made to the board for reinstatement. The board shall have discretion to
accept or reject an application for reinstatement but shall hold a hearing to
consider such reinstatement.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:3011.
