1. (a) The board, in accordance with the Administrative Procedure Act, may deny, revoke, suspend, or refuse to renew or issue a license, or may reprimand or impose probationary conditions, if the licensee or applicant for licensure has been found in violation of the rules or the Act. The board will adhere to procedures for such action as stated in the Act, §30 and §31.

2. (b) The Act, §30(b)(6), states "practiced occupational therapy in a manner detrimental to the public health and welfare"; which is defined but not limited to the following:

   1. (1) impersonating another person holding an occupational therapy license or allowing another person to use his or her license;
   2. (2) 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;
   3. (3) 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;
   4. (4) 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;
   5. (5) intentionally harassing, abusing, or intimidating a patient either physically or verbally;
   6. (6) intentionally or knowingly offering to pay or agreeing to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for receiving or soliciting patients or patronage, regardless of source of reimbursement, unless said business arrangement or payments practice is acceptable under the Texas Health and Safety Code, §§161.091-161.094, the Social Security Act, §1128B, 42 United States Code 1320a-7b, or the Social Security Act, §1877, 42 United States Code 1395nn or its regulations;
   7. (7) recommending or prescribing therapeutic devices or modalities sold by a third person for the purpose or with the result of receiving a fee or other consideration from the third person;
   8. (8) breaching the confidentiality of the patient/therapist relationship;
   9. (9) 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, §374.3 of this title (relating to Code of Ethics), or other occupational therapy standards;
   10. (10) practicing occupational therapy after the expiration of a temporary, provisional, or regular license;
   11. (11) violation of §373.1 of this title (relating to Supervision);
   12. (12) advertising in a manner which is false, misleading, or deceptive;
   13. (13) 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; or
   14. (14) practicing in an unregistered occupational therapy facility which is not exempt.

3. (c) The board recognizes four levels of disciplinary action for its licensees.

   1. (1) Level I: Letter of Reprimand or Other Appropriate Disciplinary Action (including but not limited to community service hours)--The first step in the disciplinary action process.
   2. (2) Level II: Probation--The licensee may continue to practice while on probation. The board orders the probationary status which may include but is not limited to restrictions on practice and continued monitoring by the board during the specified time period.
   3. (3) Level III: Suspension--A specified period of time that the licensee may not practice as an occupational therapist or occupational therapy assistant. Upon the successful completion of the suspension period, the license will be reinstated upon the licensee successfully meeting all requirements.
   4. (4) Level IV: Revocation--A specified period of time that the licensee may not practice as an occupational therapist or occupational therapy assistant. Upon successful completion of the revocation period, the licensee may petition the board for reinstatement (forms provided by the board). The former licensee may be required to re-take the Examination.
4. (d) Licensees and facilities which provide occupational therapy services are responsible for knowledge of Texas Civil Statutes, Article 8851 (the Occupational Therapy Practice Act), and the Texas Board of Occupational Therapy Examiners' rules.
5. (e) Final disciplinary actions taken by the board will be routinely published as to the names and offenses of the licensees or facilities.
6. (f) A licensee who is ordered by the board to perform certain act(s) will be monitored by the board to ensure that the required act(s) are completed per the order of the board.

Source Note:The provisions of this §374.1 adopted to be effective October 11, 1994, 19 TexReg 7718; amended to be effective August 31, 1995, 20 TexReg 6338; amended to be effective January 1, 1996, 20 TexReg 10908; amended to be effective May 8, 1996, 21 TexReg 3717; amended to be effective November 4, 1997, 22 TexReg 10754.