Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 49 - Occupational Therapists and Occupational Therapy Assistants › Subchapter C - Unauthorized Practice, Prohibitions and Causes for Administrative Action › Section XLV-4931 - Suspension and Revocation of License; Refusal to Issue or Renew; Unprofessional Conduct [Formerly Section 4921]

Current through Register Vol. 50, No. 6, June 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.