(a) The Advisory Committee on Orthotics and Prosthetics may recommend to the Board to reprimand or place on probation any holder of an Orthotist and/or Prosthetist license (LO, LP, LPO), Registered Orthotist/Prosthetist Assistant, or Registered Orthotist/Prosthetist Technician or to limit, suspend or revoke privileges, or to revoke or suspend any license issued to an LO, LP, LPO, Registered Orthotist/Prosthetist Assistant, or Registered Orthotist/Prosthetist Technician or deny a license to an applicant for unprofessional conduct. Acts which constitute unprofessional conduct include, but are not limited to:
- (1) Habitual intemperance or the habitual use of any habit forming drug, chemical or substance that could result in behavior that interferes with the practice of orthotics and/or prosthetics and the responsibilities of the licensee.
- (2) Unauthorized possession or use of illegal or controlled substances or pharmacologic agents without lawful authority or prescription by an authorized and licensed practitioner of the healing arts.
- (3) Any conduct which potentially or actually jeopardizes a patient's life, health or safety.
- (4) Falsely manipulating patient records, or forging a prescription for an orthotic and/or prosthetic device, or presenting a forged prescription
- (5) Violation of orthotic/prosthetic standards of ethical conduct as outlined in OAC 435:55-7-3.
- (6) Failing to adhere to Medicare supplier Standards.
- (7) Failing to adhere to a legitimate scope of practice within one's license and/or making false or misleading statements to patients or the public.
- (8) Failing to properly supervise assistants, technicians and fitters.
- (9) Conviction of, or confession, plea of guilty or no contest to a felony or a crime involving moral turpitude.
- (10) Conviction of, or confession or plea of no contest to, a drug related offense.
- (11) Falsifying documents submitted to the Advisory Committee on Orthotics and Prosthetics or the Oklahoma State Board of Medical Licensure and Supervision.
- (12) Obtaining or attempting to obtain a license, certificate or documents of any form by fraud or deception.
- (13) Aiding, abetting or assisting any other person to violate or circumvent any law or rule or regulation.
- (14) Failure to report the unsafe or illegal practice of any person who is licensed under this act.
- (15) Negligence while in practice.
- (16) Engaging in fraudulent billing practices and/or violation of federal Medicare and Medicaid laws or state medical assistance laws.
- (17) Being adjudged mentally incompetent by a court of competent jurisdiction.
- (18) Failing to timely make application for license renewal.
- (19) Verbally or physically abusing patients.
- (20) Discriminating in the rendering of patient care and orthotic/prosthetic assignment(s).
- (21) Inaccurate recording, falsifying or altering of patient records.
- (22) Leaving a patient care assignment or patient without properly advising appropriate personnel.
- (23) Violating the confidentiality of information or knowledge concerning a patient.
- (24) While engaged in the care of a patient, engaging in conduct with a patient, patient family member or significant other which is seductive or sexually demeaning/exploitive in nature.
- (25) Violating any provision of the Oklahoma Licensed Orthotist Prosthetist Act or the rules romulgated by the Board.
- (26) Failure to furnish the Board, its investigators or representatives, information lawfully requested by the Board.
- (27) Failure to cooperate with a lawful investigation conducted by the Board.
- (28) Violation of any provision(s) of the medical practice act or the rules and regulations of he Board or of an action, stipulation, agreement or order of the Board.
- (29) Lodging a false complaint.
- (b) An Orthotist and/or Prosthetist on probation with the Board will be prohibited from supervision of other temporary license holders, technicians and assistants.
Added at 19 Ok Reg 549, eff 12-28-01 (emergency)
Added at 19 Ok Reg 2323, eff 6-28-02