Current through Register Vol. XLI, No. 50, December 13, 2024
Section 13-2-4 - Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Occupational Therapists, Occupational Therapy Assistants, Limited Permit Holders and Applicants4.1. After providing adequate notice and an opportunity for a hearing, the Board may deny or refuse to renew, suspend or revoke the license of, or impose probationary conditions upon or take disciplinary action against, any licensee, limited permit holder or applicant for any of the reasons described in W. Va. Code § 30-28-16, including being guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to: 4.1.a. Obtaining a license or limited permit by fraud, misrepresentation or concealment of material facts;4.1.b. Being convicted of a felony or other crime involving moral turpitude that relates to the licensees' or limited permit holders' ability to practice occupational therapy or immoral conduct while engaged in the practice of occupational therapy. Conduct rising to the level of immoral would be conduct that would lead, upon trial in any criminal court, state or federal, to the conviction of the accused;4.1.c. Violating any lawful order or rule or regulation rendered or adopted by the Board;4.1.d. Engaging in the practice or assisting in the practice of occupational therapy while in an intoxicated condition or under the influence of narcotics or any other drugs which impair consciousness, judgement or behavior;4.1.e. Willful falsification, destruction or theft of property or records relating to the practice of occupational therapy or the health of the patient;4.1.f. Failure to exercise due regard for the safety, the life or health of the patient. Actual injury need not be established;4.1.g. Unauthorized disclosure of information relating to a patient or his or her records;4.1.h. Discrimination in the practice of occupational therapy against any person for reason of race, religion, creed, color or national origin;4.1.i. Violating any provision of W. Va. Code § 30-28-1 et seq.4.1.j. Violating any provision of the continuing competency requirements for the renewal of a license as stated under § 13-4-3; or4.1.k. Engaging in unprofessional and/or unethical behavior that results in harm to the general public or any other person covered under these rules.4.1.l. Practicing beyond the scope of practice of occupational therapy as defined in W. Va. Code § 30-28-4;4.1.m. Performing occupational therapy services for which the occupational therapist or occupational therapy assistant is not adequately trained and competent to perform;4.1.n. Willingly engaging in or assisting any person in engaging in, or otherwise participating in, abusive or fraudulent billing practices;4.1.o. Knowingly aid, assist, advise or allow a person without a current and appropriate state permit or license to engage in the practice of occupational therapy; or4.1.p. Engaging in false, fraudulent, deceptive or misleading communications to any person regarding the individual's education, training, credentials, experience or qualifications, or the status of the individual's state permit or license.