Kansas Administrative Regulations › Agency 100 - KANSAS STATE BOARD OF HEALING ARTS › Article 54 - OCCUPATIONAL THERAPY › Section 100-54-5 - Unprofessional conduct; defined

Current through Register Vol. 43, No. 28, July 11, 2024
"Unprofessional conduct" means any of the following:
(a) Using fraudulent or false advertisements;
(b) engaging in occupational
			 therapy under a false or assumed name, or by impersonating another person
			 licensed by the board as an occupational therapist or occupational therapy
			 assistant;
(c) practicing
			 occupational therapy without reasonable skill and safety because of illness;
			 disability, excessive use of alcohol or drugs; illegal use of controlled
			 substances, chemicals, or any other type of material; or as a result of any
			 mental or physical condition;
(d)
			 having an occupational therapy license, registration, or certification revoked,
			 suspended, or limited, or an application for any of these denied by the proper
			 regulatory authority of another state, territory, District of Columbia, or
			 other country;
(e) cheating or
			 attempting to subvert the validity of the examination required for licensure;
(f) having been found either not
			 guilty by reason of insanity or incompetent to stand trial by a court of
			 competent jurisdiction;
(g)
			 failing to furnish the board, its investigators, or its representatives any
			 information legally requested by the board;
(h) being sanctioned or disciplined by a peer
			 review committee or medical care facility for acts or conduct that would
			 constitute grounds for denial, refusal to renew, suspension, or revocation of a
			 license under
			 K.S.A.
			 65-5410 and amendments thereto;
(i) surrendering a license, registration, or
			 certification to practice occupational therapy in another state while
			 disciplinary proceedings are pending for acts or conduct that would constitute
			 grounds for denial, refusal to renew, suspension, or revocation of a
			 registration under
			 K.S.A.
			 65-5410 and amendments thereto;
(j) being professionally incompetent, as
			 defined in
			 K.S.A.
			 65-2837 and amendments thereto;
(k) representing to a patient that a
			 manifestly incurable disease, condition, or injury can be permanently cured;
(l) providing occupational therapy
			 to a patient without the consent of the patient or the patient's legal
			 representative;
(m) willfully
			 betraying confidential informa-tion;
(n) using any advertisement that is false,
			 misleading, or deceptive in a material respect;
(o) committing conduct likely to deceive,
			 defraud, or harm the public;
(p)
			 making a false or misleading statement regarding the licensee's skill, which
			 shall include providing any form of occupational therapy without appropriate
			 education, training, and knowledge in the specific therapeutic methods used;
(q) committing any act of sexual,
			 psychological, or physical abuse, or exploitation;
(r) obtaining any fee by fraud, deceit, or
			 mis-representation;
(s) charging
			 an excessive fee for services rendered;
(t) failing to keep written records
			 justifying the course of treatment of the patient; or
(u) delegating occupational therapy to a
			 person who the licensee knows or has reason to know is not qualified by
			 training or experience to perform it.