1.    The board may deny a license, refuse to renew a license, suspend a license, or revoke a license or may impose probationary conditions if the licensee or applicant for license has been found guilty of unprofessional conduct. Unprofessional conduct includes:

Terms Used In North Dakota Code 43-40-16

  • Conviction: A judgement of guilt against a criminal defendant.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

a.    Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.

b.    Being guilty of unprofessional conduct as defined by the rules adopted by the board, or violating any code of ethics adopted by the board.

c.    Being convicted of an offense, as defined by section 12.1-01-04, that the board determines has a direct bearing upon a person‘s ability to serve the public as an occupational therapist or an occupational therapy assistant or, following conviction of any offense, if the board determines that the person is not sufficiently rehabilitated under section 12.1-33-02.1.

d.    Violating any lawful order or rule rendered or adopted by the board. e.    Violating this chapter or the rules promulgated by the board.

f.    A pattern of inappropriate practice as an occupational therapist or occupational therapy assistant.

g.    The use of any false, fraudulent, or deceptive statement in any document connected with the practice of occupational therapy.

h.    Sexual abuse, misconduct, or exploitation related to the licensee’s practice of occupational therapy.

i.    Gross negligence in the practice of occupational therapy.

2.    A refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board after a hearing under chapter 28-32. An application for reinstatement may be made to the board one year from the date of the     revocation of a license. The board may accept or reject an application for reinstatement, and may hold a hearing to consider such reinstatement.

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