Idaho Code 54-3718 – Grounds for Unprofessional Conduct
Current as of: 2023 | Check for updates
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The board may take disciplinary action against a licensee for unprofessional conduct including:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
Terms Used In Idaho Code 54-3718
- Board: means the occupational therapy licensure board of Idaho as set out in section 54-3717, Idaho Code. See Idaho Code 54-3702
- Fraud: Intentional deception resulting in injury to another.
- License: means a document issued by the board to a person under this chapter authorizing the person to practice as an occupational therapist or occupational therapy assistant. See Idaho Code 54-3702
- Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Idaho Code 54-3702
- Occupational therapy: means the care and services provided by or under the direction and supervision of an occupational therapist. See Idaho Code 54-3702
- Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy and who works under the supervision of an occupational therapist. See Idaho Code 54-3702
- person: includes a corporation as well as a natural person;
Idaho Code 73-114State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(2) Being guilty of unprofessional conduct as defined by the rules established by the board, or violating the code of ethics adopted and published by the board;
(3) Being convicted of a crime in any court except for minor offenses;
(4) Violating any lawful order, rule or regulation rendered or adopted by the board;
(5) Violating any provision of this chapter or rules promulgated pursuant to this chapter;
(6) Practicing beyond the scope of the practice of occupational therapy;
(7) Providing substandard care as an occupational therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the client is established;
(8) Providing substandard care as an occupational therapy assistant, including exceeding the authority to perform components of intervention selected and delegated by the supervising occupational therapist regardless of whether actual injury to the client is established;
(9) Failing to provide appropriate supervision to an occupational therapy assistant or aide in accordance with this chapter and board rules;
(10) Practicing as an occupational therapist or occupational therapy assistant when competent services to recipients may not be provided due to the therapist’s own physical or mental impairment;
(11) Having an occupational therapist or occupational therapy assistant license revoked or suspended, other disciplinary action taken, or an application for licensure refused, revoked or suspended by the proper authorities of another state, territory or country, irrespective of intervening appeals and stays;
(12) Engaging in sexual misconduct. For the purposes of this subsection, sexual misconduct includes:
(a) Engaging in or soliciting sexual relationships, whether consensual or non-consensual, while an occupational therapist or occupational therapy assistant/client relationship exists with that person;
(b) Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with a client or clients;
(13) Aiding or abetting a person who is not licensed as an occupational therapist or occupational therapy assistant in this state and who directly or indirectly performs activities requiring a license;
(14) Abandoning or neglecting a client or clients under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care.