2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-114 - Grounds for discipline - disciplinary proceedings - definitions - judicial review

(1)
The director may take disciplinary action against a licensee if the director finds that the licensee has represented that the licensee is a licensed occupational therapist or occupational therapy assistant after the expiration, suspension, or revocation of the licensee's license.
(2)
The director may take disciplinary or other action as authorized in section
12-20-404
against, or issue a cease-and-desist order under the circumstances and in accordance with the procedures specified in section
12-20-405
to, a licensee in accordance with this section, upon proof that the licensee:
(a)
Has engaged in a sexual act with a person receiving services while a therapeutic relationship existed or within six months immediately following termination of the therapeutic relationship. For the purposes of this subsection (2)(a):
(I)
"Sexual act" means sexual contact, sexual intrusion, or sexual penetration, as defined in section
18-3-401
.
(II)
"Therapeutic relationship" means the period beginning with the initial evaluation and ending upon the written termination of treatment.
(b)
Has falsified information in an application or has attempted to obtain or has obtained a license by fraud, deception, or misrepresentation;
(c)
Is an excessive or habitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section
18-18-102(5)
, or other drugs having similar effects; except that the director has the discretion not to discipline the licensee if the licensee is participating in good faith in a program to end the use or abuse, which program the director has approved;
(d)
(I)
Has failed to notify the director, as required by section
12-30-108(1)
, of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to provide occupational therapy services with reasonable skill and safety or that may endanger the health or safety of individuals receiving services;
(II)
Has failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the person unable to practice occupational therapy with reasonable skill and safety or that may endanger the health or safety of persons under the licensee's care; or
(III)
Has failed to comply with the limitations agreed to under a confidential agreement entered into pursuant to sections
12-30-108
and
12-270-118
;
(e)
Has violated or aided or abetted or knowingly permitted any person to violate this article 270, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 270, or any lawful order of the director;
(f)
Has had a license or registration suspended or revoked for actions that are a violation of this article 270;
(g)
Has been convicted of or pled guilty or nolo contendere to a felony or committed an act specified in section
12-270-115
. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by sections
12-20-202(5)
and
24-5-101
.
(h)
Has fraudulently obtained, furnished, or sold any occupational therapy diploma, certificate, license, or renewal of a license or record, or aided or abetted such act;
(i)
Has failed to notify the director of the suspension or revocation of the person's past or currently held license, certificate, or registration required to practice occupational therapy in this or any other jurisdiction;
(j)
Has refused to submit to a physical or mental examination when ordered by the director pursuant to section
12-270-117
;
(k)
Has engaged in any of the following activities and practices:
(I)
Ordering or performing, without clinical justification, demonstrably unnecessary laboratory tests or studies;
(II)
Administering treatment, without clinical justification, that is demonstrably unnecessary; or
(III)
Committing an act or omission that is contrary to generally accepted standards of the practice of occupational therapy;
(l)
Has failed to provide adequate or proper supervision of a licensed occupational therapy assistant, of an aide, or of any unlicensed person in the occupational therapy practice;
(m)
Has failed to make essential entries on client records or falsified or made incorrect entries of an essential nature on client records;
(n)
Has committed abuse of health insurance as set forth in section
18-13-119(3)
;
(o)
Has committed a fraudulent insurance act, as described in section
10-1-128
; or
(p)
Has otherwise violated this article 270 or any lawful order or rule of the director.
(3)
Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.
(4)
(a)
The director may commence a proceeding to discipline a licensee when the director has reasonable grounds to believe that the licensee has committed an act or omission described in this section or has violated a lawful order or rule of the director.
(b)
In any proceeding under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a licensee or registrant in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 270.
(5)
(a)
The director shall conduct disciplinary proceedings in accordance with section
12-20-403
and article
4
of title
24
. The director may exercise all powers and duties conferred by this article 270 during the disciplinary proceedings.
(b)
No later than thirty days after the date of the director's action, the director shall notify a licensee disciplined under this section of the action taken, the specific charges giving rise to the action, and the licensee's right to request a hearing on the action taken. The director shall provide the notice by sending a certified letter to the most recent address provided to the director by the licensee.
(c)
Within thirty days after the director sends the notice described in subsection (5)(b) of this section, the licensee may file a written request with the director for a hearing on the action taken. Upon receipt of the request, the director shall grant a hearing to the licensee. If the licensee fails to file a written request for a hearing within thirty days, the action of the director becomes final on the thirty-first day after the director sent the notice described in subsection (5)(b) of this section.
(d)
A licensee's failure to appear at a hearing without good cause is deemed a withdrawal of the licensee's request for a hearing, and the director's action becomes final on the hearing date. The director's failure to appear at a hearing without good cause is deemed cause to dismiss the proceeding.
(6)
The director may seek an injunction in accordance with section
12-20-406
to enjoin a person from committing an act prohibited by this article 270.
(7)
In accordance with section
12-20-403
, this article 270, and article
4
of title
24
, the director is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.
(8)
A final action of the director is subject to judicial review pursuant to section
12-20-408
.
(9)
An employer of a licensee shall report to the director any disciplinary action taken against the licensee or the resignation of the licensee in lieu of disciplinary action for conduct that violates this article 270.
(10)
The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section
12-20-405
.
(11)
The director may send a letter of admonition to a licensee under the circumstances specified in and in accordance with section
12-20-404(4)
.
(12)
The director may send a confidential letter of concern to a licensee under the circumstances specified in section
12-20-404(5)
.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 12, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-110
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 70, eff. 5/25/2017.
Amended by 2015 Ch. 259,§ 18, eff. 8/5/2015.
Amended by 2013 Ch. 411,§ 9, eff. 6/30/2013.
This section is similar to former § 12-270-114 as it existed prior to 2020.