(A) Operations.
License holders must use the provisions contained
in paragraphs (A)(1) to (A)(10) of this rule as guidelines for promoting
ethical integrity and professionalism. Failure to comply with paragraphs (A)(1)
to (A)(10) of this rule may be grounds for disciplinary action pursuant to
section 4755.11 of the Revised Code and in accordance with Chapter 119. of the
Revised Code.
(1) License holders must
familiarize themselves with, seek to understand, and comply with the laws and
rules governing the practice of occupational therapy.
(2) License holders must
remain abreast of revisions in the laws and rules governing the practice of
occupational therapy and must inform employers, employees, and colleagues of
those revisions.
(3) License holders must
achieve and continually maintain high standards of competence by doing the
following:
(a) Maintain and document competency by participating in
professional development, continuing competence, and other educational
activities.
(b) Critically examine and keep current with emerging knowledge
relevant to the practice of occupational therapy. A license holder must not
perform or attempt to perform techniques and/or procedures in which the license
holder is untrained by education or experience.
(4) A person must not
practice occupational therapy without a valid license, or without holding
student status, including:
(a) Practicing occupational therapy while a person's license
is suspended or revoked.
(b) Practicing occupational therapy with an expired license or
when no longer enrolled as a student in an accredited occupational therapy
educational program.
(5) License holders must
ensure that a person supervised or directed by the license holder possesses a
valid license or is a student occupational therapist or student occupational
therapy assistant, as those terms are defined in rule 4755-7-01 of the
Administrative Code.
(6) License holders must
not aid, abet, authorize, condone, or allow the practice of occupational
therapy by any person not legally authorized to provide services.
(7) An applicant or
license holder must not cheat or assist others in conspiring to cheat on the
written examination referenced in chapter 4755.07 of the Revised Code or the
state jurisprudence examination.
(8) License holders must
not permit another person to use a person's wall certificate, license
number, or national provider identifier for any illegal purpose.
(9) License holders must
report to the occupational therapy section any unprofessional, incompetent, or
illegal behavior of an occupational therapist or occupational therapy assistant
of which the license holder has knowledge.
(10) Where the alleged
violation involves impairment issues and no other provisions of Chapter 4755.
of the Revised Code or rules adopted under it, the reporting license holder may
make a referral to the safe haven program in lieu of making report to the
occupational therapy section.
(B) Professionalism of license
holder.
Professionalism of the license holder includes
conforming to the minimal standards of acceptable and prevailing occupational
therapy practice, including practicing in a manner that is moral and honorable.
Conduct may be considered unethical regardless of whether or not actual injury
to a client occurred. Failure to comply with paragraphs (B)(1) to (B)(17) of
this rule may be grounds for disciplinary action pursuant to section 4755.11 of
the Revised Code and in accordance with Chapter 119. of the Revised
Code.
(1) A license holder must
not:
(a) Forge the signature of other practitioners.
(b) Forge a wall certificate or any other proof of current
licensure, including eLicense Ohio.
(2) An occupational
therapy assistant must not provide occupational therapy services without a
supervising occupational therapist.
(3) All occupational
therapy documentation, including, but not limited to, evaluations, assessments,
intervention plans, treatment notes, discharge summaries, and transfers of care
must be in written or electronic format.
(4) A license holder must
not falsify, alter, or destroy client records, medical records, or billing
records without authorization. The license holder must maintain accurate client
and/or billing records.
(5) A license holder must
not deliver, obtain, or attempt to obtain medications through means of
misrepresentation, fraud, forgery, deception, and/or subterfuge.
(6) A license holder must
not initiate, participate in, or encourage the filing of complaints against
colleagues that are unwarranted or intended to harm another
practitioner.
(7) A license holder must
not practice occupational therapy while the ability to practice is impaired by
alcohol, controlled substances, narcotic drugs, physical disability, mental
disability, or emotional disability. If a license holder's or
applicant's ability to practice is in question, and the license holder or
applicant is not a participant in the board's safe haven program, the
license holder or applicant must submit to a physical or mental examination or
drug/alcohol screen as requested by the occupational therapy section to
determine the applicant's or license holder's qualifications to
practice occupational therapy.
(8) A license holder must
preserve, respect, and safeguard confidential information about colleagues,
staff, and students, unless otherwise mandated by national, state, or local
laws.
(9) A license holder must
exercise sound judgment and act in a trustworthy manner in all aspects of
occupational therapy practice. Regardless of practice setting, the occupational
therapy practitioner must maintain the ability to make independent judgments. A
license holder must strive to effect changes that benefit the
client.
(10) A license holder
must accurately represent the qualifications, views, contributions, and
findings of colleagues and students.
(11) A license holder
must not misrepresent the credential, title, qualifications, education,
experience, training, and/or specialty certifications held by the license
holder.
(12) A person licensed by
the occupational therapy section has a responsibility to report any
organization or entity that holds itself out to deliver occupational therapy
services that places the license holder in a position of compromise with this
code of ethical conduct.
(13) A license holder
must provide appropriate supervision to persons for whom the practitioner has
supervisory responsibility.
(14) A license holder
must only seek compensation that is reasonable for the occupational therapy
services delivered. A license holder must never place the license holder's
own financial interests above the welfare of the license holder's clients.
A license holder, regardless of the practice setting, must safeguard the public
from unethical and unlawful business practices.
(15) A license holder
must adhere to the minimal standards of acceptable prevailing practice. Failure
to adhere to minimal standards of practice, whether or not actual injury to a
client occurred, includes, but is not limited to:
(a) Documenting or billing for services not actually
performed.
(b) Performing techniques/procedures in which the license holder
cannot demonstrate and document competency, either by experience or
education.
(c) Practicing in a pattern of negligent conduct, which means a
continued course of negligent conduct or of negligent conduct in performing the
duties of the profession.
(d) Delegating occupational therapy functions or responsibilities
to a person lacking the ability or knowledge to perform the function or
responsibility in question.
(e) Failing to ensure that duties assumed by or assigned to other
occupational therapy practitioners match credentials, qualifications,
experience, and scope of practice.
(f) Violating confidentiality rights by failing to protect
and keep confidential personal health information or other private information
about clients, other facility care recipients, employees, colleagues, and
students without authorization or consent unless otherwise mandated or
permitted by relevant law.
(g) Failure to respect privacy rights by accessing personal
health information or other private information about clients, other facility
care recipients, employees, colleagues, and students without authorization or
consent unless otherwise mandated or permitted by relevant law.
(16) A license holder
must respect the rights, knowledge, and skills of colleagues and other health
care professionals.
(17) A license holder
must not use or participate in the use of any form of communication that
contains false, fraudulent, deceptive, or unfair statements or
claims.
(C) License holder and client
interactions.
The license holder must demonstrate concern for
the well-being of the client. Failure to comply with paragraphs (C)(1) to
(C)(17) of this rule may be grounds for disciplinary action pursuant to section
4755.11 of the Revised Code and in accordance with Chapter 119. of the Revised
Code.
(1) A license holder must
adhere to the minimal standards of acceptable prevailing practice. Failure to
adhere to minimal standards of practice, whether or not actual injury to a
client occurred, includes, but is not limited to:
(a) Failing to assess and evaluate a client's status or
establishing an occupational therapy intervention plan prior to commencing
treatment/intervention of an individual.
(b) Providing treatment interventions that are not warranted by
the client's condition or continuing treatment beyond the point of
reasonable benefit to the client.
(c) Providing substandard care as an occupational therapy
assistant by exceeding the authority to perform components of interventions
selected by the supervising occupational therapist.
(d) Abandoning the client by inappropriately terminating the
practitioner-client relationship.
(e) Causing, or permitting another person to cause, physical or
emotional injury to the client, or depriving the client of the person's
dignity.
(2) A license holder must
transfer the care of the client, as appropriate, to another health care
provider in either of the following events:
(a) Elective termination of occupational therapy services by the
client; or
(b) Elective termination of the practitioner-client relationship
by the license holder.
(3) A license holder must
ensure the client's rights to participate fully in the client's care,
including the client's right to select the occupational therapy provider,
regardless of the practice setting.
(4) A license holder must
respect the person's right to refuse professional services or involvement
in research or educational activities.
(5) A license holder must
disclose any professional, personal, financial, business, research, or
volunteer affiliations that may pose a conflict of interest to those with whom
the license holder may establish a professional, contractual, or other working
relationship.
(6) A license holder must
not influence a client or the client's family to utilize, purchase, or
rent any equipment based on direct or indirect financial interests of the
license holder. Recommendations of equipment must be based solely on the
therapeutic value of that equipment to the client. A license holder who owns or
has a direct financial interest in an equipment or supply company must disclose
the financial interest to the client if the license holder sells or rents, or
intends to sell or rent, to that client.
(7) A license holder must
not intentionally or knowingly offer to pay or agree to accept any
compensation, directly or indirectly, overtly or covertly, in cash or in kind,
to or from any person or entity for receiving or soliciting clients or
patronage, regardless of the source of the compensation.
(8) A license holder must
refer to or consult with other service providers whenever such a referral or
consultation would be beneficial to care of the client. The referral or
consultation process should be done in collaboration with the
client.
(9) A license holder must
not exploit a client, or the parent/guardian of a minor client, sexually,
physically, emotionally, financially, socially, or in any other
manner.
(10) A license holder
must not engage in conduct that constitutes harassment or verbal or physical
abuse of, or unlawful discrimination against, clients, the parent/guardian of a
minor client, students, and/or colleagues.
(11) A license holder
must not engage in any sexual relationship or conduct, including dating, with
any client, or engage in any conduct that may reasonably be interpreted by the
client to be sexual, whether consensual or nonconsensual, while a
practitioner-client relationship exists and for six months immediately
following the termination of the practitioner-client relationship. In the case
of minors, the practitioner-client relationship extends to the minor's
parent or guardian.
(a) A license holder must not intentionally expose or view a
completely or partially disrobed client in the course of treatment if the
exposure or viewing is not related to the client diagnosis or treatment under
current practice standards.
(b) A license holder must not engage in a conversation with a
client that is sexually explicit and unrelated to the occupational therapy
intervention plan.
(12) A license holder
must not engage in sexual harassment of clients, the parent/guardian of a minor
client, students, and/or colleagues. Sexual harassment includes, but is not
limited to, making unwelcome sexual advances, requesting sexual favors, and
engaging in other verbal or physical conduct of a sexual nature that results
in:
(a) Withholding occupational therapy services to a
client;
(b) Creating an intimidating, hostile, or offensive environment;
or
(c) Interfering with the client's ability to
recover.
(13) A license holder
must advocate for clients to obtain needed services through available
means.
(14) A license holder
must provide accurate and relevant information to clients about the
clients' care and to the public about occupational therapy
services.
(a) A license holder must not guarantee the results of any
therapy, consultation, or therapeutic procedure. A guarantee of any sort,
expressed or implied, oral or written, is contrary to professional
ethics.
(b) A reasonable statement of prognosis is not improper, but
successful results are dependent upon many uncontrollable factors. Hence, any
warranty is deceptive and unethical.
(15) A license holder
must obtain informed consent from the client.
(a) A license holder, unless otherwise allowed by law, must not
provide care without disclosing to the client or the client's
representative, the benefits, substantial risks, if any, or alternatives to the
recommended evaluation or intervention.
(b) Information relating to the practitioner-client relationship
is confidential and may not be communicated to a third party not involved in
that client's care without the prior written consent of the client or the
client's representative or unless otherwise allowed by law. Information
must be disclosed when required by law for the protection of the client or the
public.
(16) A license holder
must safeguard the public from underutilization or overutilization of
occupational therapy services.
(17) A license holder
must respect the rights and dignity of all clients and provide care as
described in paragraphs (C)(17)(a), (C)(17)(b), and (C)(17)(c) of this
rule.
(a) A license holder must recognize individual differences with
clients and must respect and be responsive to those differences.
(b) A license holder must be guided by concern for the physical,
psychosocial, and socioeconomic welfare of clients.
(c) A license holder must recognize and understand the impact of
the cultural components of age, economics, gender, geography, race, ethnicity,
religious and political factors, marital status, sexual orientation, and
disability of all clients.
(D) Cooperation.
In accordance with division (A)(19) of section
4755.11 of the Revised Code, license holders must cooperate with an
investigation by the occupational therapy section. Failure to cooperate is
conduct detrimental to the best interest of the public and grounds for
disciplinary action. Cooperation includes responding fully and promptly to any
questions raised by the occupational therapy section and providing copies of
the medical records and other documents requested by the occupational therapy
section. Failure to comply with paragraphs (D)(1) to (D)(7) of this rule may be
grounds for disciplinary action pursuant to section 4755.11 of the Revised Code
and in accordance with Chapter 119. of the Revised Code.
(1) A license holder must
respond fully and truthfully to a request for information from the occupational
therapy section.
(2) A license holder must
comply with a subpoena issued by the occupational therapy section.
(3) A license holder must
provide information or documents within the time frame specified by the
occupational therapy section.
(4) A license holder must
appear and provide information at an interview requested by the occupational
therapy section.
(5) A license holder must
not deceive, or attempt to deceive, the occupational therapy section regarding
any matter, including by altering or destroying any record or
document.
(6) A license holder must
not interfere with an investigation or disciplinary proceeding by willful
misrepresentation of facts before the agency or the occupational therapy
section, or by use of threats or harassment against any client or witness to
prevent the client or witness from providing evidence in a disciplinary
proceeding or any other legal action.
(7) A license holder must
not refuse to provide testimony in an administrative hearing.
(E) A license holder must self report to
the occupational therapy section, within thirty days, any of the items outlined
in paragraphs (E)(1) to (E)(7) of this rule. Failure to comply with paragraphs
(E)(1) to (E)(7) of this rule may be grounds for disciplinary action pursuant
to section 4755.11 of the Revised Code and in accordance with Chapter 119. of
the Revised Code.
(1) Impairment due to
abuse of or dependency on alcohol or drugs or other physical or mental illness
that affects the applicant's or license holder's ability to practice
with reasonable skill and safety. This reporting rquirement shall not be
applicable where the applicant or license holder is a participant in the
board's safe haven program and complies with the same.
(2) Conviction of a
felony or invervention in lieu of a felony.
(3) Conviction of a
misdemeanor when the act that constituted the misdemeanor occurred during the
practice of occupational therapy.
(4) The termination,
revocation, or suspension of membership by a state or national occupational
therapy professional association.
(5) The termination,
revocation, suspension, or sanctioning of a credential issued by a state or
national professional credentialing organization.
(6) The termination,
revocation, suspension, or sanctioning of a professional license in the state
of Ohio or another state.
(7) A positive drug and/or alcohol
screening.
(8) A finding of malpractice by a court
of competent jurisdiction.