§ 3361. Unprofessional conduct

(a) A person licensed under this chapter or a person applying for a license shall not engage in unprofessional conduct.

(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:

(1) Misrepresentation or concealment of a material fact to obtain, renew, or reinstate a license under this chapter.

(2) Suspension or revocation of a license, certificate, or registration to practice occupational therapy in another jurisdiction on one or more of the grounds specified in this section.

(3) Willful disregard of a subpoena or notice of the Office of Professional Regulation.

(4) Failure to keep written occupational therapy records justifying a course of treatment for a patient, including patient histories, examination results, and test results.

(5) Performing professional services that have not been authorized by the patient or his or her legal representative.

(6) Performing any procedure or prescribing any therapy that, by the prevailing standards of occupational therapy practice, would constitute experimentation on a human subject without first obtaining full, informed, and written consent.

(7) In the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions, that degree of care, skill, and proficiency which is commonly exercised by the ordinary skillful, careful, and prudent occupational therapist or occupational therapy assistant engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred and whether or not committed within or without the State.

(8) Delegating professional responsibilities to a person who the certificate holder knows, or has reason to know, is not qualified by training, experience, or certification to perform them.

(9) Conduct that evidences unfitness to practice.

(10) Addiction to narcotics, habitual drunkenness, or rendering professional services to a patient if the occupational therapist or occupational therapy assistant is intoxicated or under the influence of drugs.

(11) Sexual harassment of a patient.

(12) Engaging in a sexual act as defined in 13 V.S.A. § 3251 with a patient under the care of the person licensed under this chapter.

(c) In connection with a disciplinary action, the Office of Professional Regulation may refuse to accept the return of a license tendered by the subject of a disciplinary investigation.

(d) The burden of proof in a disciplinary action shall be on the State to show by a preponderance of the evidence that the person has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, or upon approval of a negotiated agreement, an administrative law officer may take disciplinary action against the occupational therapist or occupational therapy assistant, or applicant. That action may include any of the following conditions or restrictions, which may be in addition to or in lieu of suspension:

(1) A requirement that the person submit to care or counseling.

(2) A restriction that a licensee practice only under supervision of a named individual or an individual with specified credentials.

(3) A requirement that an occupational therapist or occupational therapy assistant participate in continuing education as directed by the administrative law officer, in order to overcome specified deficiencies.

(4) A requirement that the licensee's scope of practice be restricted to a specified extent.

(f) The administrative law officer may reinstate a revoked license on terms and conditions he or she deems proper. (Added 1993, No. 102, § 1; amended 1997, No. 145 (Adj. Sess.), § 56; 2001, No. 151 (Adj. Sess.), § 42, eff. June 27, 2002.)