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Illinois Occupational Therapy Unprofessional Conduct

The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary or non-disciplinary action as the Department may deem proper, including imposing fines not to exceed $10,000 for each violation and the assessment of costs, with regard to any license for any one or combination of the following:

    • Material misstatement in furnishing information to the Department;
    • Violations of this Act, or of the rules promulgated thereunder;
    • Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession;
    • Fraud or any misrepresentation in applying for or procuring a license under this Act, or in connection with applying for renewal of a license under this Act;
    • Professional incompetence;
    • Aiding or assisting another person, firm, partnership or corporation in violating any provision of this Act or rules;
    • Failing, within 60 days, to provide information in response to a written request made by the Department;
    • Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;
    • Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety;
    • Discipline by another state, unit of government, government agency, the District of Columbia, a territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein;
    • Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate or other form of compensation for professional services not actually or personally rendered. Nothing in this paragraph affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph shall be construed to require an employment arrangement to receive professional fees for services rendered;
    • A finding by the Department that the license holder, after having his license disciplined, has violated the terms of the discipline;
    • Wilfully making or filing false records or reports in the practice of occupational therapy, including but not limited to false records filed with the State agencies or departments;
    • Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill which results in the inability to practice under this Act with reasonable judgment, skill, or safety;
    • Solicitation of professional services other than by permitted advertising;
    • Allowing one's license under this Act to be used by an unlicensed person in violation of this Act;
    • Practicing under a false or, except as provided by law, assumed name;
    • Professional incompetence or gross negligence;
    • Malpractice;
    • Promotion of the sale of drugs, devices, appliances, or goods provided for a patient in any manner to exploit the client for financial gain of the licensee;
    • Gross, willful, or continued overcharging for professional services;
    • Mental illness or disability that results in the inability to practice under this Act with reasonable judgment, skill, or safety;
    • Violating the Health Care Worker Self-Referral Act;
    • Having treated patients other than by the practice of occupational therapy as defined in this Act, or having treated patients as a licensed occupational therapist independent of a referral from a physician, advanced practice registered nurse or physician assistant in accordance with Section 3.1, dentist, podiatric physician, or optometrist, or having failed to notify the physician, advanced practice registered nurse, physician assistant, dentist, podiatric physician, or optometrist who established a diagnosis that the patient is receiving occupational therapy pursuant to that diagnosis;
    • Cheating on or attempting to subvert the licensing examination administered under this Act; and
    • Charging for professional services not rendered, including filing false statements for the collection of fees for which services are not rendered.

Citation

225 ILCS 75/19


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