“Unprofessional conduct” as used in the Occupational Therapy Act and in the rules and regulations of the New Mexico Board of Examiners for Occupational Therapy shall include, but shall not be limited to, the following types of acts or omissions:                     

Any violation of the Code of Ethics, as determined by the New Mexico Board of Examiners for Occupational Therapy.                    

Making false statements or providing false information in connection with an application for licensure or for licensure renewal.                   

Engaging in false, misleading, or deceptive advertising.    

Violation of any provision of the New Mexico Occupational Therapy Act, as may be amended from time-to-time, or violating any rules or regulations of the Board promulgated pursuant thereto.

Harassment, or undue to improper intimidation of a patient/client, employee, colleague or other person in the role or context of the licensee’s or applicant’s status as an occupational therapist or occupational therapy assistant, including, but not limited to, assault or battery on any such person.                 

Sexual harassment or abuse of a patient/client, employee, colleague, or other person in the role or context of the licensee’s or applicant’s status as an occupational therapist or occupational therapy assistant.                   

Any failure to possess and apply the knowledge, or to use the skill and care ordinarily used by reasonable well-qualified occupational therapists or occupational therapy assistants under similar circumstances, giving due consideration to the locality involved.                 

Obtaining, or attempting to obtain, any compensation or other consideration by fraud or deceit.

Misrepresentation or falsification of credentials, including, but not limited to, education, training, experience or competence.                    

Violation of any Federal, State or local law or ordinance which relates to the practice for which the individual has been licensed or for which the person is an applicant for licensure.

Conviction of a crime, the circumstances of which substantially relate to the practice of occupational therapy, or which indicate an inability to safely and proficiently engage in the practice of occupational therapy.                   

Impairment of the licensee’s or applicant’s ability to practice occupational therapy as a result of alcohol or use of other drugs.               

Imposition of discipline upon the licensee or applicant for licensure by any other jurisdiction in which the licensee or applicant is licensed.

Reference

NMAC 16.15.5.9