North Carolina Occupational Therapy Unprofessional Conduct

The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:

• Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
• Engaging in unprofessional conduct pursuant to rules established by the Board or violating the Code of Ethics adopted and published by the Board.
• Having been convicted of or pleaded guilty or nolo contendere to a crime involving moral turpitude or any crime which indicates that the occupational therapist or occupational therapy assistant is unfit or incompetent to practice occupational therapy or that the occupational therapist or occupational therapy assistant has deceived or defrauded the public.
• Engaging in any act or practice violative of any of the provisions of this Article or any rule or regulation adopted by the Board, or aiding, abetting or assisting any person in such a violation.
• Committing an act or acts of malpractice, gross negligence or incompetence in the practice of occupational therapy.
• Practicing as a licensed occupational therapist or occupational therapy assistant without a current license.
• Engaging in conduct that could result in harm or injury to the public.
• Having an occupational therapy license revoked or suspended or other disciplinary action taken whether in this State or another jurisdiction.
• Being unfit or incompetent to practice occupational therapy by reason of deliberate or negligent acts or omissions regardless of whether actual injury to a patient is established.

Unprofessional Conduct 

The Board may deny, suspend, or revoke a license, or impose probationary conditions on a license, upon any of the following grounds:

Writing a check given to the Board in payment of required fees which is returned unpaid;

Allowing an unlicensed occupational therapist or occupational therapy assistant to practice under the licensee's supervision or control;

Making any false statement or giving any false information in connection with an application for a license or renewal of a license or any investigation by the Board or the Board's designee;

Committing a crime the circumstances of which relate to the occupational therapy profession;

Violating any federal or state statute or rule which relates to the occupational therapy profession;

Practicing occupational therapy while the licensee's ability to practice was impaired by alcohol or other drugs or a physical or mental disability or disease;

Engaging in sexual misconduct. For the purposes of this Paragraph, sexual misconduct includes:

• Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while an Occupational Therapist or Occupational Therapy Assistant/patient relationship exists with that person;
• Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with patients or clients;

1. Obtaining or attempting to obtain payment by fraud or deceit;
   
2. Violating any Order of the Board;
   
3. Failing to properly make the disclosures required by 21 NCAC 38 .0305;
   
4. Abandoning or neglecting a patient or client under and in need of immediate professional care, without making reasonable arrangements for the continuation of care;
   
5. Recording or communicating false or misleading data, measurements or notes regarding a patient;
   
6. Delegating responsibilities to a person when the licensee delegating knows or has reason to know that the competency of that person is impaired by physical or psychological ailments, or by alcohol or other pharmacological agents, prescribed or not;
   
7. Practicing or offering to practice beyond the scope permitted by law;
   
8. Accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform;
   
9. Performing, without supervision, professional services which the licensee is authorized to perform only under the supervision of a licensed professional;
   
10. Harassing, abusing, or intimidating a patient either physically or verbally;
    
11. Failure to exercise supervision over persons who are authorized to practice only under the supervision of the licensed professional;
    
12. Promoting an unnecessary device, treatment intervention or service for the financial gain of the practitioner or of a third party;
    
13. Delegating professional responsibilities to a person when the licensee delegating the responsibilities knows or has reason to know that the person is not qualified by training, by experience, or by licensure to perform the responsibilities;
    
14. Billing or charging for services or treatments not performed; or
    
15. Making treatment recommendations based on the extent of third party benefits instead of the patient’s condition.
    

Citation

N.C. Gen. Stat. 90-270.76

21 NCAC 38.0304