North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 38 - OCCUPATIONAL THERAPY › Section .0300 - LICENSING › Section 38 .0304 - GROUNDS FOR LICENSE DENIAL OR DISCIPLINE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				addition to the conduct set forth in
				G.S.
				90-270.76, the Board may deny, suspend, or
				revoke a license, or impose probationary conditions on a license, upon any of
				the following grounds:
(1) writing a check
				given to the Board in payment of required fees which is returned
				unpaid;
(2) allowing an unlicensed
				occupational therapist or occupational therapy assistant to practice under the
				licensee's supervision or control;
(3) making any false statement or giving any
				false information in connection with an application for a license or renewal of
				a license or any investigation by the Board or the Board's designee;
(4) committing a crime the circumstances of
				which relate to the occupational therapy profession;
(5) violating any federal or state statute or
				rule which relates to the occupational therapy profession;
(6) practicing occupational therapy while the
				licensee's ability to practice was impaired by alcohol or other drugs or a
				physical or mental disability or disease;
(7) engaging in sexual misconduct. For the
				purposes of this Paragraph, sexual misconduct includes:
(A) Engaging in or soliciting sexual
				relationships, whether consensual or non-consensual, while an Occupational
				Therapist or Occupational Therapy Assistant/patient relationship exists with
				that person;
(B) Making sexual
				advances, requesting sexual favors or engaging in physical contact of a sexual
				nature with patients or clients;
(8) obtaining or attempting to obtain payment
				by fraud or deceit;
(9) violating
				any Order of the Board;
(10)
				failing to properly make the disclosures required by
				21 NCAC
				38 .0305;
(11) abandoning or neglecting a patient or
				client under and in need of immediate professional care, without making
				reasonable arrangements for the continuation of care;
(12) recording or communicating false or
				misleading data, measurements or notes regarding a patient;
(13) delegating responsibilities to a person
				when the licensee delegating knows or has reason to know that the competency of
				that person is impaired by physical or psychological ailments, or by alcohol or
				other pharmacological agents, prescribed or not;
(14) practicing or offering to practice
				beyond the scope permitted by law;
(15) accepting and performing professional
				responsibilities which the licensee knows or has reason to know that he or she
				is not competent to perform;
(16)
				performing, without supervision, professional services which the licensee is
				authorized to perform only under the supervision of a licensed
				professional;
(17) harassing,
				abusing, or intimidating a patient either physically or verbally;
(18) failure to exercise supervision over
				persons who are authorized to practice only under the supervision of the
				licensed professional;
(19)
				promoting an unnecessary device, treatment intervention or service for the
				financial gain of the practitioner or of a third party;
(20) delegating professional responsibilities
				to a person when the licensee delegating the responsibilities knows or has
				reason to know that the person is not qualified by training, by experience, or
				by licensure to perform the responsibilities;
(21) billing or charging for services or
				treatments not performed; or
(22)
				making treatment recommendations based on the extent of third party benefits
				instead of the patient's condition.