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Ohio OT Disciplinary Actions

The occupational therapy section of the Ohio occupational therapy, physical therapy, and athletic trainers board may suspend, revoke, or refuse to issue or renew an OT license or OTA license, or may reprimand, fine, place a license holder on probation, or require the license holder to take corrective action courses, for any of the following:

Conviction of an offense involving moral turpitude or a felony, regardless of the state or country in which the conviction occurred.
Violation of any provision of sections 4755.04 to 4755.13 of the Revised Code.

Violation of any lawful order or rule of the occupational therapy section.

Obtaining or attempting to obtain a license issued by the occupational therapy section by fraud or deception, including the making of a false, fraudulent, deceptive, or misleading statement in relation to these activities.

Negligence, unprofessional conduct, or gross misconduct in the practice of the profession of occupational therapy.

Accepting commissions or rebates or other forms of remuneration for referring persons to other professionals.

Communicating, without authorization, information received in professional confidence.

Using controlled substances, habit forming drugs, or alcohol to an extent that it impairs the ability to perform the work of an OT or OTA.

Practicing in an area of occupational therapy for which the individual is untrained or incompetent.

Failing the licensing or Ohio jurisprudence examination.

Aiding, abetting, directing, or supervising the unlicensed practice of occupational therapy.

Denial, revocation, suspension, or restriction of authority to practice a health care occupation, including occupational therapy, for any reason other than a failure to renew, in Ohio or another state or jurisdiction.

Working or representing oneself as an occupational therapist or occupational therapy assistant without a current and valid license issued by the occupational therapy section.

Engaging in a deceptive trade practice, as defined in section 4165.02 of the Revised Code

Violation of the standards of ethical conduct in the practice of occupational therapy as identified by the occupational therapy section.

A departure from, or the failure to conform to, minimal standards of care required of licensees, whether or not actual injury to a patient is established.

An adjudication by a court that the applicant or licensee is incompetent for the purpose of holding a license and has not thereafter been restored to legal capacity for that purpose.

Failure to cooperate with an investigation conducted by the occupational therapy section, including failure to comply with a subpoena or orders issued by the section or failure to answer truthfully a question presented by the section at a deposition or in written interrogatories.

  • Failure to cooperate with an investigation does not constitute grounds for discipline under this section if a court of competent jurisdiction issues an order that either quashes a subpoena or permits the individual to withhold the testimony or evidence at issue.

Conviction of a misdemeanor reasonably related to the practice of occupational therapy, regardless of the state or country in which the conviction occurred.

Inability to practice according to acceptable and prevailing standards of care because of mental or physical illness, including physical deterioration that adversely affects cognitive, motor, or perception skills.

Violation of conditions, limitations, or agreements placed by the occupational therapy section on a license to practice.

Making a false, fraudulent, deceptive, or misleading statement in the solicitation of or advertising for patients in relation to the practice of occupational therapy.

Failure to complete continuing education requirements as prescribed in rules adopted by the occupational therapy section.

Regardless of whether it is consensual, engaging in any of the following with a patient other than the spouse of the occupational therapist or occupational therapy assistant:

    • Sexual conduct, means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
    • Sexual contact, means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
    • Verbal behavior that is sexually demeaning to the patient or may be reasonably interpreted by the patient as sexually demeaning.

Reference

Ohio Code § 4755.11

Ohio Code § 2907.01


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