Wisconsin Administrative Code › Occupational Therapists Affiliated Credentialing Board › Chapter OT 5 - Unprofessional conduct › Section OT 5.02 - Unprofessional conduct defined

Current through June 24, 2024
"Unprofessional conduct" means doing, or aiding or abetting,
				any of the following:
(1) Violating or
			 attempting to violate any provision or term of ss.
			 448.96 to
			 448.970,
			 Stats., or of any rule of the board.
(2) Violating or attempting to violate any
			 term, provision, or condition of any order of the board.
(3) Knowingly making or presenting or causing
			 to be made or presented any false, fraudulent, or forged statement, writing,
			 certificate, diploma, or other item in connection with any application for
			 license.
(4) Practicing fraud,
			 forgery, deception, collusion, or conspiracy in connection with any examination
			 for license.
(5) Giving, selling,
			 buying, bartering, or attempting to give, sell, buy, or barter any
			 license.
(6) Engaging or attempting
			 to engage in practice under any license under any given name or surname other
			 than that under which originally licensed or registered to practice in this or
			 any other state. This subsection does not apply to change of name resulting
			 from marriage, divorce, or order by a court of record.
(7) Any practice or conduct which may
			 constitute a danger to the health, welfare, or safety of client or
			 public.
(8) Practicing or
			 attempting to practice under any license when unable to do so with reasonable
			 skill and safety to clients.
(9)
			 Practicing or attempting to practice under any license beyond the scope of that
			 license.
(10) Offering,
			 undertaking, or agreeing to treat or cure a disease or condition by a secret
			 means, method, device, or instrumentality; or refusing to divulge to the board
			 upon demand the means, method, device, or instrumentality used in the treatment
			 of a disease or condition.
(11)
			 Representing that a manifestly incurable disease or condition may be or will be
			 permanently cured; or that a curable disease or condition can be cured within a
			 stated time, if this is not the fact.
(12) Knowingly making any false statement,
			 written or oral, in practicing under any license, with fraudulent intent; or
			 obtaining or attempting to obtain any professional fee or compensation of any
			 form by fraud or deceit.
(13)
			 Willfully divulging a privileged communication or confidence entrusted by a
			 client or deficiencies in the character of clients observed in the course of
			 professional attendance, unless lawfully required to do so.
(14) Engaging in uninvited, in-person
			 solicitation of actual or potential clients who, because of their particular
			 circumstances, are vulnerable to undue influence; or engaging in false,
			 misleading or deceptive advertising.
(15) Having a license, certificate, permit,
			 registration, or other practice credential granted by another state or by any
			 agency of the federal government to practice occupational therapy, which
			 becomes limited, restricted, suspended, or revoked, or having been subject to
			 other adverse action by the state licensing authority or by any agency of the
			 federal government including the denial or limitation of an original
			 credential, or the surrender of a credential, whether or not accompanied by
			 findings of negligence or unprofessional conduct.
(16) Conviction of any crime the
			 circumstances of which substantially relate to the circumstances of the
			 practice of occupational therapy. A certified copy of a judgment of a court
			 record showing such conviction, within this state or without, shall be
			 presumptive evidence.
(17) Aiding
			 or abetting the unlicensed practice of occupational therapy.
(18) Violating or aiding and abetting the
			 violation of any law or administrative rule or regulation the circumstances of
			 which substantially relate to the circumstances of the practice of occupational
			 therapy.
(19) Failing to report to
			 the board or to institutional supervisory personnel any violation of the rules
			 of this chapter by a licensee.
(20)
			 Engaging in inappropriate sexual contact, exposure, gratification, or other
			 sexual behavior with or in the presence of a client. For the purposes of this
			 subsection, an adult receiving treatment shall continue to be a client for 2
			 years after the termination of professional services. If the person receiving
			 treatment is a minor, the person shall continue to be a client for the purposes
			 of this subsection for 2 years after termination of services, or for 2 years
			 after the client reaches 18 years of age, whichever is longer.