West Virginia Code of State Rules › Agency 13 - Occupational Therapy › Title 13 - LEGISLATIVE RULE BOARD OF OCCUPATIONAL THERAPY › Series 13-02 - Disciplinary, Complaint and Contested Case Hearing Procedures for Occupational Therapists and Occupational Therapy Assistants › Section 13-2-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Occupational Therapists, Occupational Therapy Assistants, Limited Permit Holders and Applicants

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 
				After providing adequate notice and an opportunity for a hearing, the Board may
				deny or refuse to renew, suspend or revoke the license of, or impose
				probationary conditions upon or take disciplinary action against, any licensee,
				limited permit holder or applicant for any of the reasons described in W. Va.
				Code §
									30-28-16, including being guilty of unprofessional conduct.
				Unprofessional conduct includes, but is not limited to:
4.1.a.  Obtaining a license or limited permit
				by fraud, misrepresentation or concealment of material facts;
4.1.b.  Being convicted of a felony or other
				crime involving moral turpitude that relates to the licensees' or limited
				permit holders' ability to practice occupational therapy or immoral conduct
				while engaged in the practice of occupational therapy. Conduct rising to the
				level of immoral would be conduct that would lead, upon trial in any criminal
				court, state or federal, to the conviction of the accused;
4.1.c.  Violating any lawful order or rule or
				regulation rendered or adopted by the Board;
4.1.d.  Engaging in the practice or assisting
				in the practice of occupational therapy while in an intoxicated condition or
				under the influence of narcotics or any other drugs which impair consciousness,
				judgement or behavior;
4.1.e. 
				Willful falsification, destruction or theft of property or records relating to
				the practice of occupational therapy or the health of the patient;
4.1.f.  Failure to exercise due regard for the
				safety, the life or health of the patient. Actual injury need not be
				established;
4.1.g.  Unauthorized
				disclosure of information relating to a patient or his or her
				records;
4.1.h.  Discrimination in
				the practice of occupational therapy against any person for reason of race,
				religion, creed, color or national origin;
4.1.i.  Violating any provision of W. Va. Code
				§
										30-28-1 et seq.
4.1.j. 
				Violating any provision of the continuing competency requirements for the
				renewal of a license as stated under § 13-4-3; or
4.1.k.  Engaging in unprofessional and/or
				unethical behavior that results in harm to the general public or any other
				person covered under these rules.
4.1.l.  Practicing beyond the scope of
				practice of occupational therapy as defined in W. Va. Code
				§
										30-28-4;
4.1.m.  Performing
				occupational therapy services for which the occupational therapist or
				occupational therapy assistant is not adequately trained and competent to
				perform;
4.1.n.  Willingly engaging
				in or assisting any person in engaging in, or otherwise participating in,
				abusive or fraudulent billing practices;
4.1.o.  Knowingly aid, assist, advise or allow
				a person without a current and appropriate state permit or license to engage in
				the practice of occupational therapy; or
4.1.p.  Engaging in false, fraudulent,
				deceptive or misleading communications to any person regarding the individual's
				education, training, credentials, experience or qualifications, or the status
				of the individual's state permit or license.