15 MAC Pt. 19, R. 8.8.1
Standards of Conduct: Licensees subject to these regulations shall conduct their activities, services,
Cite as 15 Miss. Admin. Code Pt. 19, R. 8.8.1
Standards of Conduct: Licensees subject to these regulations shall conduct their activities, services,
and practice in accordance with this section. Licensees may be subject to the exercise of the
disciplinary sanctions enumerated in Rule 8.8.6 of these regulations if the Department finds that a
licensee is guilty of any of the following:
1.
Negligence in the practice or performance of professional services or activities.
2.
Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive,
defraud or harm the public in the course of professional services or activities.
3.
Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or
attempting the same.
4.
Being convicted of any crime which has a substantial relationship to the licensee's activities and
services or an essential element of which is misstatement, fraud, or dishonesty.
5.
Being convicted of any crime which is a felony under the laws of this state or the United States.
6.
Engaging in or permitting the performance of unacceptable services personally or by others working
under the licensee's supervision due to the licensee's deliberate or negligent act or acts or failure to
act, regardless of whether actual damage or damages to the public is established.
7.
Continued practice although the licensee has become unfit to practice as a occupational therapist or
occupational therapy assistant due to:
a.
failure to keep abreast of current professional theory or practice; or
b.
physical or mental disability; the entry of an order or judgment by a court of competent
jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute
mental disability; or
c.
addiction or severe dependency upon alcohol or other drugs which may endanger the public
by impairing the licensee's ability to practice.
8.
Having disciplinary action taken against the licensee's license in another state.
9.
Making differential, detrimental treatment against any person because of race, color, creed, sex,
religion or national origin.
10.
Engaging in lewd conduct in connection with professional services or activities.
11.
Engaging in false or misleading advertising.
12.
Contracting, assisting, or permitting unlicensed persons to perform services for which a license is
required under these regulations.
13.
Violation of any probation requirements placed on a license by the Board.
14.
Revealing confidential information except as may be required by law.
15.
Failing to inform clients of the fact that the client no longer needs the services or professional
assistance of the licensee.
16.
Charging excessive or unreasonable fees or engaging in unreasonable collection practices.
17.
For treating or attempting to treat ailments or other health conditions of human beings other than by
occupational therapy as authorized by these regulations.
18.
For applying or offering to apply occupational therapy as an occupational therapist within the scope
of occupational therapy, or for acting as an occupational therapy assistant other than under the
supervision or in consultation with a licensed occupational therapist.
19.
Violations of the current code of ethics for occupational therapists and occupational therapy
assistants adopted by the American Occupational Therapy Association or its successor organization.
20.
Violations of any rules or regulations promulgated pursuant to these regulations.
21.
Has engaged in any conduct considered by the Board to be detrimental to the profession of
occupational therapy.
22.
The Department may order a licensee to submit to a reasonable physical or mental examination if the
licensee's physical or mental capacity to practice safely is at issue in a disciplinary proceeding.
Failure to comply with a board order to submit to a physical or mental examination shall render a
licensee subject to the summary suspension procedures described in Rule 8.8.2 of these regulations.