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Michigan Occupational Therapy Unprofessional Conduct

Prohibited conduct includes, but is not limited to, the following acts or omissions by an individual covered by these rules:

  • Practicing outside of the boundaries of professional competence, based on education, training, and experience.
  • Engaging in harassment or unfair discrimination based on age, gender, gender identity, race, ethnicity, national origin, religion, sexual orientation, disability, or any basis proscribed by law.
  • Refusing to provide professional service based on age, gender identity, race, ethnicity, national origin, religion, sexual orientation, disability, or any basis proscribed by law.
  • Willful or negligent failure to provide or arrange for provision of continuity of necessary therapeutic service; including but not exclusive to collaboration between the occupational therapist and occupational therapy assistant, patient and caregiver, and community.
  • Involvement in a conflict of interest that interferes with the exercise of professional discretion or makes the client’s interests secondary.
  • Taking on a professional role when a personal, scientific, legal, financial, or other relationship could impair the exercise of professional discretion or make the interests of a patient, client, or student secondary to those of the licensee.
  • Being involved in a dual or multiple relationship with a current or former patient or client or a member of the individual’s immediate family or a student, when there is a risk of harm to, or exploitation of, the patient, client or student. As used in this rule, “dual or multiple relationship” means a relationship in which a licensee is in a professional role with an individual and 1 or more of the following occurs at the same time:
    • The licensee exploits any current or former professional relationship to further the licensee’s personal, religious, political, business or financial interests, including inducing a patient, client, or student to solicit business on behalf of the licensee.
    • The licensee solicits or engages in a sexual relationship with a current patient, client or student.
    •  The licensee solicits or engages in a sexual relationship with an individual, other than a consenting adult, to whom the licensee is delegating the performance of limited assessments, tasks, or interventions in the treatment of a patient or client.

Citation

Mich. Admin. Code R. 338.1212


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