§ 5-40.1-14 - Grounds for refusal to renew, suspension, or revocation of license.

SECTION 5-40.1-14

   § 5-40.1-14  Grounds for refusal to renew,suspension, or revocation of license. – (a) The board may deny a license or refuse to renew a license or may suspend orrevoke a license or may impose probationary conditions if the licensee has beenfound guilty of unprofessional conduct which has endangered or is likely toendanger the health, welfare, or safety of the public. Unprofessional conductincludes:

   (1) Obtaining a license by means of fraud, misrepresentation,or concealment of material facts;

   (2) Being found guilty of fraud or deceit in connection withhis or her services rendered as an occupational therapist or occupationaltherapy assistant;

   (3) Committing a felony, whether or not involving moralturpitude, or a misdemeanor involving moral turpitude. In either case,conviction by a court of competent jurisdiction or a plea of "no contest" shallbe conclusive evidence that a felony or misdemeanor was committed.

   (4) Violating any lawful order, rule or regulation renderedor adopted by the board;

   (5) Failing to report, in writing, to the board anydisciplinary decision issued against the licensee or the applicant in anotherjurisdiction within thirty (30) days of the disciplinary decisions;

   (6) Violating any provision of this chapter; and

   (7) Providing services to a person who is making a claim as aresult of a personal injury, who charges or collects from the person any amountin excess of the reimbursement to the occupational therapist by the insurer asa condition of providing or continuing to provide services or treatment.

   (b) A denial, refusal to renew, suspension, revocation, orimposition of probationary conditions upon the license may be ordered by theboard or the director of the department of health after a hearing in the mannerprovided by the Administrative Procedures Act, chapter 35 of title 42.

   (c) The American Occupational Therapy Association's"Occupational Therapy Code of Ethics" is adopted as a public statement of thevalues and principles used in promoting and maintaining high standards ofbehavior in occupational therapy. These state:

   (1) Occupational therapy personnel shall demonstrate aconcern for the well-being of the recipients of their services;

   (2) Occupational therapy personnel shall respect the rightsof the recipients of their services;

   (3) Occupational therapy personnel shall achieve andcontinually maintain high standards of competence;

   (4) Occupational therapy personnel shall comply with laws andassociation policies guiding the profession of occupational therapy;

   (5) Occupational therapy personnel shall provide accurateinformation about occupational therapy services; and

   (6) Occupational therapy personnel shall treat colleagues andother professionals with fairness, discretion, and integrity.