Delaware Code Title 24 Sec. 2015 – Grounds for discipline
(a) A licensee is subject to disciplinary actions under § 2017 of this title if, after a hearing, the Board finds that the licensee has done any of the following:
(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as an occupational therapist or occupational therapy assistant, impersonated another person holding a license or registration, allowed another person to use the licensee’s license, or aided or abetted a person not licensed under this chapter to represent the person as an occupational therapist or occupational therapy assistant.
(2) Been convicted of a crime that is substantially related to the practice of occupational therapy. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction.
(3) Excessively used or abused drugs or alcohol in the previous 2 years.
(4) Engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities.
(5) Violated a provision of this chapter or a regulation established under this chapter.
(6) Had the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction.
a. For this paragraph (a)(6) to apply, the underlying grounds for the action in another jurisdiction must be presented to the Board by certified record, and the Board must determine that the facts found in the other jurisdiction constitute 1 or more of the acts defined in this chapter.
b. A licensee is deemed to have consented to the release of the information under paragraph (a)(6)a. of this section by the Board or comparable agency in another jurisdiction and waived all objections to the admissibility of previously adjudicated evidence on the record of the other jurisdiction.
(7) Failed to notify the Board that the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant in another jurisdiction has been subject to discipline, surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence thereof.
(8) While acting as a supervising occupational therapist, has failed to supervise and take reasonable steps to see that an occupational therapy assistant performs services responsibly, competently, and ethically, in accordance with rules and regulations that the Board established. A supervising occupational therapist is subject to disciplinary action for an act or offense which is grounds for disciplinary action when the act or offense is undertaken by the occupational therapy assistant acting under the supervising occupational therapist’s direction or control.
Terms Used In Delaware Code Title 24 Sec. 2015
- Board: means the Board of Occupational Therapy Practice established in this chapter. See Delaware Code Title 24 Sec. 2002
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
- Occupational therapist: means a person who is licensed to practice occupational therapy under this chapter and offers such services to the public under any title incorporating the words "occupational therapy" "occupational therapist" or any similar title or description of occupational therapy services. See Delaware Code Title 24 Sec. 2002
- Occupational therapy assistant: means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist. See Delaware Code Title 24 Sec. 2002
- Person: means a corporation, company, association,or partnership, or an individual. See Delaware Code Title 24 Sec. 2002
- Practice of occupational therapy: means the use of goal-directed activities with individuals who are limited by physical limitations due to injury or illness, psychiatric and emotional disorders, developmental or learning disabilities, poverty and cultural differences, or the aging process, in order to maximize independence, prevent disability, and maintain health. See Delaware Code Title 24 Sec. 2002
- Substantially related: means the nature of the criminal conduct for which a person was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of occupational therapy. See Delaware Code Title 24 Sec. 2002
(b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order the licensee’s attendance. The Court has the jurisdiction to issue an order requiring the licensee to attend the hearing.
(c) [Repealed.]
65 Del. Laws, c. 172, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 293, § ?1; 74 Del. Laws, c. 262, § ?40; 81 Del. Laws, c. 424, § 15;