Professional Conduct

PURPOSE: This rule defines what is considered unprofessional conduct for applicants, occupational therapists, occupational therapy assistants and limited permit holders issued by the board. (1) All applicants, occupational therapists, occupational therapy assistants and limited permit holders shall not— (A) Commit any act, which endangers patient/client health, safety or welfare; (B) Perform occupational therapy services that are unjustified or contraindicated; (C) Verbally, physically, or sexually abuse any patient/client; (D) Destroy without authorization or falsify patient/client records; (E) Provide or attempt to provide diagnostic or treatment information to the patient/client that is beyond the licensee’s or limited permit holder’s level of training and expertise; (F) Engage in sexual intimacies with a patient/client which includes any genital contact of the licensee or limited permit holder with the patient/client or the patient/client with the licensee or limited permit holder. This specifically prohibits sexual intercourse, sodomy, oral copulation, anal copulation, or any penetration of the anal or vaginal opening by any thing; (G) Kiss the patient/client with the mouth, lips or tongue or the patient/client kissing the licensee or limited permit holder with the mouth, lips or tongue; (H) Touch or caress in an exploitative manner by either the licensee, limited permit holder or the patient/client of the other person’s breasts, genitals or buttocks; (I) Engage in any deliberate or repeated comments, gestures or physical conduct of a sexual nature that exploits the professional relationship with the patient/client; (J) Terminate the therapeutic relationship with a patient/client for the purpose, expressed or implied, of having a sexual relationship with that person; (K) Expose one’s self or encourage another to expose themselves for the purpose of sexual gratification; (L) Engage in sexual harassment of the patient/client or co-workers. Sexual harassment shall include but is not limited to: 1. Making unwelcome sexual advances; 2. Requesting sexual favors; and/or 3. Verbal or physical conduct of a sexual nature; (M) Fail to follow policies or procedures implemented in the practice situation to safeguard patient/client care; (N) Fail to exercise appropriate supervision over person authorized to practice only under the supervision of a licensed professional; (O) Exploit a supervisee in any way sexually or financially; (P) Delegate professional responsibilities to a person not qualified or not appropriately licensed or certified to provide those services, or both; (Q) Misrepresent credentials, training or level of education or allow others to misrepresent credentials, training or level of education; (R) Use a controlled substance or alcoholic beverage to an extent that impairs one’s ability to provide safe occupational therapy services; and (S) Continue to practice occupational therapy with a medical condition, which may impair or limit the ability of the licensee or limited permit holder to perform the duties of an occupational therapy practitioner with reasonable skill and safety. (2) An applicant who exhibits behavior as described above demonstrates unprofessional conduct, which may be grounds for denial of a limited permit or a license. (3) An occupational therapist, occupational therapy assistant or limited permit holder who exhibits behavior as described above demonstrates unprofessional conduct, which may be grounds for discipline of the licensee or limited permit holder. AUTHORITY: sections 324.050, 324.065, 324.071, 324.083 and 324.086, RSMo Supp. 1997.* This rule originally filed as 4 CSR 205-6.020. Original rule filed Aug. 4, 1998, effective Dec. 30, 1998. Moved to 20 CSR 2205-6.020, effective Aug. 28, 2006. *Original authority 1997.