North Carolina General Statutes 90-270.76. Suspension, revocation and refusal to renew license
Terms Used In North Carolina General Statutes 90-270.76
- 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.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
(a) The Board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
(2) Engaging in unprofessional conduct pursuant to rules established by the Board or violating the Code of Ethics adopted and published by the Board.
(3) Having been convicted of or pleaded guilty or nolo contendere to a crime involving moral turpitude or any crime which indicates that the occupational therapist or occupational therapy assistant is unfit or incompetent to practice occupational therapy or that the occupational therapist or occupational therapy assistant has deceived or defrauded the public.
(4) Engaging in any act or practice violative of any of the provisions of this Article or any rule or regulation adopted by the Board? or aiding, abetting or assisting any person in such a violation.
(5) Committing an act or acts of malpractice, gross negligence or incompetence in the practice of occupational therapy.
(6) Practicing as a licensed occupational therapist or occupational therapy assistant without a current license.
(7) Engaging in conduct that could result in harm or injury to the public.
(8) Having an occupational therapy license revoked or suspended or other disciplinary action taken whether in this State or another jurisdiction.
(9) Being unfit or incompetent to practice occupational therapy by reason of deliberate or negligent acts or omissions regardless of whether actual injury to a patient is established.
(b) The denial, refusal to renew, suspension, revocation or imposition of probationary conditions upon a license may be ordered by the Board after a hearing held in accordance with G.S. Chapter 150B and rules adopted by the Board. An application may be made to the Board for reinstatement of a revoked license if the revocation has been in effect for at least one year. (1983 (Reg. Sess., 1984), c. 1073, s. 1; 1987, c. 827, s. 1; 2005-432, s. 11.)