Section 324.086

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 324

Effective - 28 Aug 1999, 4 histories, see footnote   (history) 

  324.086.  Disciplinary action or sanction, when. — The division, in collaboration with the board, may discipline or sanction any holder of a license or permit issued pursuant to sections 324.050 to 324.089 for any one or any combination of the following:

  (1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's professional performance or responsibility;

  (2) Finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state, the United States or any territory of the United States, for any offense reasonably related to the qualifications, functions or duties of an occupational therapist or occupational therapy assistant; for any offense for which an essential element is fraud, dishonesty or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed;

  (3) Use of fraud, deception, misrepresentation or bribery in securing any credential, license or permit, or to aid or abet any person in a violation of this section;

  (4) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of an occupational therapist or occupational therapy assistant or a violation of any professional trust or confidence;

  (5) Violation of, or assisting or enabling any person to violate, any provision of sections 324.050 to 324.089 or any lawful rule or regulation promulgated thereunder;

  (6) Impersonate, in any manner, or pretend to be any person holding a valid license or permit as an occupational therapist or occupational therapy assistant or allowing any other person to use such person's credentials;

  (7) Finally adjudged incapacitated by a court of competent jurisdiction;

  (8) Assisting or enabling any person to practice, or offer to practice, occupational therapy services if such person does not hold a valid license or permit issued pursuant to sections 324.050 to 324.089;

  (9) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

  (10) Unethical conduct as defined in the ethical standards for occupational therapists and occupational therapy assistants adopted by the division and filed with the secretary of state;

  (11) Failure to give notification of the suspension, probation or revocation of any past or currently held licenses, certificates or registrations required to practice occupational therapy in this or any other jurisdiction or the failure to renew or surrender such license, certificate or registration;

  (12) Discipline in another state or by a certifying body; or

  (13) Otherwise violate any provision of sections 324.050 to 324.089.

­­--------

(L. 1997 S.B. 141 § 13, A.L. 1999 H.B. 343)