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Texas Occupational Therapy Unprofessional Conduct

When am I obligated to report to the board?

Failing to report or otherwise concealing information related to violations of the Act, or rules and regulations pursuant to the Act, which could therefore result in harm to the public health and welfare or damage the reputation of the profession.

Intentionally making or filing a false or misleading report or failing to file a report when it is required by law or third person, or intentionally obstructing or attempting to obstruct another person from filing such a report.

Unprofessional conduct related to licensure

Obtained or attempted to obtain a license by fraud or deception;

Had a license to practice occupational therapy revoked or suspended or had other disciplinary action taken against the applicant or license holder by the proper licensing authority of another state, territory, or nation;

Had the applicant's or license holder's application for a license refused, revoked, or suspended by the proper licensing authority of another state, territory, or nation.

Impersonating another person holding an occupational therapy license or allowing another person to use his or her license

Practicing occupational therapy after the expiration of a temporary, provisional, or regular license.

Failing to register an occupational therapy facility which is not exempt or failing to renew the registration of an occupational therapy facility which is not exempt

Practicing in an unregistered occupational therapy facility which is not exempt.

Failed to properly renew license

Incapacity

Used drugs or intoxicating liquors to an extent that affects the applicant's or license holder's professional competence;

Been found mentally incompetent by a court;

Unprofessional conduct in practice occupational therapy

Been grossly negligent in the practice of occupational therapy or in acting as an occupational therapy assistant;

Practiced occupational therapy in a manner detrimental to the public health and welfare;

Using occupational therapy techniques or modalities for purposes not consistent with the development of occupational therapy as a profession, as a science, or as a means for promoting the public health and welfare

Failing to give sufficient prior written notice of resignation of employment (or termination of contract) resulting in loss or delay of patient treatment for those patients/clients under the licensee's care

Advertised in a manner that in any way tends to deceive or defraud the public;

Intentionally harassing, abusing, or intimidating a patient either physically or verbally.

Breaching the confidentiality of the patient/therapist relationship

Failing to obtain informed consent prior to engaging in scientific research involving patients, or otherwise violating ethical principles of research as defined by the TBOTE Code of Ethics, §374.4 of this title (relating to Code of Ethics), or other occupational therapy standards

Convictions and Arrests

Been convicted of a crime, other than a minor offense defined as a "minor misdemeanor," "violation," or "offense," in any court if the act for which the applicant or license holder was convicted is determined by the board to have a direct bearing on whether the applicant or license holder should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant;

Citation

Tex. Occ. Code §454.301

Tex. Admin. Code §374.1

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