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California Occupational Therapy Unprofessional Conduct

Unprofessional conduct, including, but not limited to, the following:

    • Incompetence or gross negligence in carrying out usual occupational therapy functions.
    • Repeated similar negligent acts in carrying out usual occupational therapy functions.
    • A conviction of practicing medicine without a license, in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
    • The use of advertising relating to occupational therapy which violates Section 17500.
    • Denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a licensee by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, or judgment shall be conclusive evidence thereof.
    •  Procuring a license by fraud, misrepresentation, or mistake.
    • Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision or term of this chapter or any regulation adopted pursuant to this chapter.
    • Making or giving any false statement or information in connection with the application for issuance or renewal of a license.
    • Conviction of a crime or of any offense substantially related to the qualifications, functions, or duties of a licensee, in which event the record of the conviction shall be conclusive evidence thereof.
    • Impersonating an applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
    • Impersonating a licensed practitioner, or permitting or allowing another unlicensed person to use a license.
    • Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications, functions, or duties of a licensee.
    • Committing any act punishable as a sexually related crime, if that act is substantially related to the qualifications, functions, or duties of a licensee, in which event a certified copy of the record of conviction shall be conclusive evidence thereof.
    • Using excessive force upon or mistreating or abusing any patient. For the purposes of this subdivision, “excessive force” means force clearly in excess of that which would normally be applied in similar clinical circumstances.
    • Falsifying or making grossly incorrect, grossly inconsistent, or unintelligible entries in a patient or hospital record or any other record.
    • Changing the prescription of a physician and surgeon or falsifying verbal or written orders for treatment or a diagnostic regime received, whether or not that action resulted in actual patient harm.
    • Failing to maintain confidentiality of patient medical information, except as disclosure is otherwise permitted or required by law.
    • Delegating to an unlicensed employee or person a service that requires the knowledge, skills, abilities, or judgment of a licensee.
    • Committing any act that would be grounds for denial of a license under Section 480.
    • Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of infectious diseases from licensee to patient, from patient to patient, or from patient to licensee.

“Unprofessional conduct” also includes, but is not limited to, the following:

    • Including or permitting to be included any of the following provisions in an agreement to settle a civil dispute arising from the licensee's practice, whether the agreement is made before or after the filing of an action:
      • A provision that prohibits another party to the dispute from contacting, cooperating, or filing a complaint with the board.
      • A provision that requires another party to the dispute to withdraw a complaint the party has filed with the board.
    • Failure to provide to the board, as directed, lawfully requested certified copies of documents within fifteen (15) days of receipt of the request or within the time specified in the request, whichever is later, unless the licensee is unable to provide the certified documents with this time period for good cause, including, but not limited to, physical inability to access the records in the time allowed due to illness or travel. This subsection shall not apply to a licensee who does not have access to, and control over, medical records.
    • Failure to cooperate and participate in any board investigation pending against the licensee. This subsection shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privilege. This subsection shall not be construed to require a licensee to cooperate with a request that would require the licensee to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the licensee's practice. Any exercise by a licensee of any constitutional or statutory privilege shall not be used against the licensee in a regulatory or disciplinary proceeding against the licensee.
    • Failure to report to the board within thirty (30) days any of the following:
      • The bringing of an indictment or information charging a felony against the licensee.
      • The arrest of the licensee.
      • The conviction of the licensee, including any verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor.
      • Any disciplinary action taken by another licensing entity or authority of this state or of another state or an agency of the federal government or the United States military.
    • Failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board.

Controlled Substances

In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following:

    • Obtain or possess in violation of law, or prescribe, or, except as directed by a licensed physician and surgeon, dentist, optometrist, or podiatrist, to administer to himself or herself, or furnish or administer to another, any controlled substance or any dangerous drug or dangerous device.
    • Use to an extent or in a manner dangerous or injurious to himself or herself, to any other person, or to the public, or that impairs his or her ability to conduct with safety to the public the practice authorized by his or her license, of any of the following:
      • A controlled substance.
      • A dangerous drug or dangerous device.
      • Alcoholic beverages.
    • Be convicted of a criminal offense involving the prescription, consumption, or self-administration of any of the substances or the possession of, or falsification of a record pertaining to the substances in which event the record of the conviction is conclusive evidence thereof.
    • Be committed or confined by a court of competent jurisdiction for intemperate use of any of the substances in which event the court order of commitment or confinement is prima facie evidence of the commitment or confinement.
    •  Falsify, or make grossly incorrect, grossly inconsistent, or unintelligible entries in any hospital or patient record, or any other record, pertaining to the substances described in this section.

Citation

Cal. Bus. & Prof. Code § 2570.28

Cal. Bus. & Prof. Code § 2570.29

Cal. Code Regs., tit. 16 § 4149


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