Current through Register Vol. 48, No. 24, December 15, 2023
(1) All applicants,
occupational therapists, occupational therapy assistants and limited permit
holders shall not-
(A) Commit any act, which
endangers patient/client health, safety or welfare;
(B) Perform occupational therapy services
that are unjustified or contraindicated;
(C) Verbally, physically, or sexually abuse
any patient/client;
(D) Destroy
without authorization or falsify patient/client records;
(E) Provide or attempt to provide diagnostic
or treatment information to the patient/client that is beyond the licensee's or
limited permit holder's level of training and expertise;
(F) Engage in sexual intimacies with a
patient/client which includes any genital contact of the licensee or limited
permit holder with the patient/client or the patient/client with the licensee
or limited permit holder. This specifically prohibits sexual intercourse,
sodomy, oral copulation, anal copulation, or any penetration of the anal or
vaginal opening by any thing;
(G)
Kiss the patient/client with the mouth, lips or tongue or the patient/client
kissing the licensee or limited permit holder with the mouth, lips or
tongue;
(H) Touch or caress in an
exploitative manner by either the licensee, limited permit holder or the
patient/client of the other person's breasts, genitals or buttocks;
(I) Engage in any deliberate or repeated
comments, gestures or physical conduct of a sexual nature that exploits the
professional relationship with the patient/client;
(J) Terminate the therapeutic relationship
with a patient/client for the purpose, expressed or implied, of having a sexual
relationship with that person;
(K)
Expose one's self or encourage another to expose themselves for the purpose of
sexual gratification;
(L) Engage in
sexual harassment of the patient/client or co-workers. Sexual harassment shall
include but is not limited to:
1. Making
unwelcome sexual advances;
2.
Requesting sexual favors; and/or
3.
Verbal or physical conduct of a sexual nature;
(M) Fail to follow policies or procedures
implemented in the practice situation to safeguard patient/client
care;
(N) Fail to exercise
appropriate supervision over person authorized to practice only under the
supervision of a licensed professional;
(O) Exploit a supervisee in any way sexually
or financially;
(P) Delegate
professional responsibilities to a person not qualified or not appropriately
licensed or certified to provide those services, or both;
(Q) Misrepresent credentials, training or
level of education or allow others to misrepresent credentials, training or
level of education;
(R) Use a
controlled substance or alcoholic beverage to an extent that impairs one's
ability to provide safe occupational therapy services; and
(S) Continue to practice occupational therapy
with a medical condition, which may impair or limit the ability of the licensee
or limited permit holder to perform the duties of an occupational therapy
practitioner with reasonable skill and safety.
(2) An applicant who exhibits behavior as
described above demonstrates unprofessional conduct, which may be grounds for
denial of a limited permit or a license.
(3) An occupational therapist, occupational
therapy assistant or limited permit holder who exhibits behavior as described
above demonstrates unprofessional conduct, which may be grounds for discipline
of the licensee or limited permit holder.
AUTHORITY: sections
324.050,
324.065,
324.071,
324.083 and 324.086, RSMo Supp. 1997.* This rule originally filed as 4 CSR
205-6.020. Original rule filed Aug. 4, 1998, effective Dec. 30, 1998. Moved to
20 CSR
2205-6.020, effective Aug. 28, 2006.
*Original authority
1997.
