[Editor's note: This article 270 is in a one-year wind-up period. For further explanation regarding the wind-up period, see the editor's note following the article heading.] (1) The director may take disciplinary action against a licensee if the director finds that the licensee has represented himself or herself as a licensed occupational therapist or occupational therapy assistant after the expiration, suspension, or revocation of his or her license.
(2) The director may take disciplinary or other action as authorized in section 12-20-404 against, or issue a cease-and-desist order under the circumstances and in accordance with the procedures specified in section 12-20-405 to, a licensee in accordance with this section, upon proof that the licensee:
(a) Has engaged in a sexual act with a person receiving services while a therapeutic relationship existed or within six months immediately following termination of the therapeutic relationship. For the purposes of this subsection (2)(a):
"Sexual act" means sexual contact, sexual intrusion, or sexual penetration, as definedin section 18-3-401.
"Therapeutic relationship" means the period beginning with the initial evaluation andending upon the written termination of treatment.
Has falsified information in an application or has attempted to obtain or has obtaineda license by fraud, deception, or misrepresentation;
Is an excessive or habitual user or abuser of alcohol or habit-forming drugs or is ahabitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects; except that the director has the discretion not to discipline the licensee if he or she is participating in good faith in a program to end the use or abuse that the director has approved;
(I) Has failed to notify the director, as required by section 12-30-108 (1), of a physical condition, physical illness, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to provide occupational therapy services with reasonable skill and safety or that may endanger the health or safety of individuals receiving services;
Has failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the person unable to practice occupational therapy with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or
Has failed to comply with the limitations agreed to under a confidential agreemententered into pursuant to sections 12-30-108 and 12-270-118;
Has violated or aided or abetted or knowingly permitted any person to violate thisarticle 270, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 270, or any lawful order of the director;
Had a license or registration suspended or revoked for actions that are a violation ofthis article 270;
Has been convicted of or pled guilty or nolo contendere to a felony or committed anact specified in section 12-270-115. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101.
Has fraudulently obtained, furnished, or sold any occupational therapy diploma, certificate, license, or renewal of a license or record, or aided or abetted such act;
Has failed to notify the director of the suspension or revocation of the person's past orcurrently held license, certificate, or registration required to practice occupational therapy in this or any other jurisdiction;
Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-270-117;
Has engaged in any of the following activities and practices:
Ordering or performing, without clinical justification, demonstrably unnecessary laboratory tests or studies;
Administering treatment, without clinical justification, that is demonstrably unnecessary; or
An act or omission that is contrary to generally accepted standards of the practice ofoccupational therapy;
(l) Has failed to provide adequate or proper supervision of a licensed occupational therapy assistant, of an aide, or of any unlicensed person in the occupational therapy practice; or (m) Has otherwise violated this article 270 or any lawful order or rule of the director.
Except as otherwise provided in subsection (2) of this section, the director need notfind that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.
(a) The director may commence a proceeding to discipline a licensee when the director has reasonable grounds to believe that the licensee has committed an act enumerated in this section or has violated a lawful order or rule of the director.
(b) In any proceeding under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a licensee or registrant in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 270.
Disciplinary proceedings shall be conducted in accordance with section 12-20-403 and article 4 of title 24. The director has the authority to exercise all powers and duties conferred by this article 270 during the disciplinary proceedings.
(a) No later than thirty days following the date of the director's action, a licensee disciplined under this section shall be notified by the director, by a certified letter to the most recent address provided to the director by the licensee, of the action taken, the specific charges giving rise to the action, and the licensee's right to request a hearing on the action taken.
Within thirty days after notification is sent by the director, the licensee may file awritten request with the director for a hearing on the action taken. Upon receipt of the request, the director shall grant a hearing to the licensee. If the licensee fails to file a written request for a hearing within thirty days, the action of the director shall be final on that date.
Failure of the licensee to appear at the hearing without good cause shall be deemed awithdrawal of his or her request for a hearing, and the director's action shall be final on that date. Failure, without good cause, of the director to appear at the hearing shall be deemed cause to dismiss the proceeding.
The director may seek an injunction in accordance with section 12-20-406 to enjoin aperson from committing an act prohibited by this article 270.
In accordance with section 12-20-403, this article 270, and article 4 of title 24, thedirector is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.
A final action of the director is subject to judicial review pursuant to section 12-20408.
An employer of a licensee shall report to the director any disciplinary action takenagainst the licensee or the resignation of the licensee in lieu of disciplinary action for conduct that violates this article 270.
The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
The director may send a letter of admonition to a licensee under the circumstancesspecified in and in accordance with section 12-20-404 (4).
The director may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1402, § 1, effective October 1.
Editor's note: This section is similar to former § 12-40.5-110 as it existed prior to 2019; except that § 12-40.5-110 (7)(b) and (7)(c) were relocated to § 12-20-403 (1), (2), and (3).