58-42a-502.  Unprofessional conduct.
     “Unprofessional conduct,” as defined in Section 58-1-501 and as may be further defined by division rule, includes:

(1)  being convicted of a crime in any court except for minor offenses;

Terms Used In Utah Code 58-42a-502

  • Board: means the Board of Occupational Therapy created in Section 58-42a-201. See Utah Code 58-42a-102
  • Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Utah Code 58-42a-102
  • Occupational therapy aide: means a person who is not licensed under this chapter but who provides supportive services under the supervision of an occupational therapist or occupational therapy assistant. See Utah Code 58-42a-102
  • Occupational therapy assistant: means a person licensed under this chapter to practice occupational therapy under the supervision of an occupational therapist as described in Sections 58-42a-305 and 58-42a-306. See Utah Code 58-42a-102
  • Practice of occupational therapy: includes :
(i) establishing, remediating, or restoring an undeveloped or impaired skill or ability of an individual;
(ii) modifying or adapting an activity or environment to enhance an individual's performance;
(iii) maintaining and improving an individual's capabilities to avoid declining performance in everyday life activities;
(iv) promoting health and wellness to develop or improve an individual's performance in everyday life activities;
(v) performance-barrier prevention for an individual, including disability prevention;
(vi) evaluating factors that affect an individual's activities of daily living in educational, work, play, leisure, and social situations, including:
(A) body functions and structures;
(B) habits, routines, roles, and behavioral patterns;
(C) cultural, physical, environmental, social, virtual, and spiritual contexts and activity demands that affect performance; and
(D) motor, process, communication, interaction, and other performance skills;
(vii) providing interventions and procedures to promote or enhance an individual's safety and performance in activities of daily living in educational, work, and social situations, including:
(A) the therapeutic use of occupations and exercises;
(B) training in self-care, self-management, home-management, and community and work reintegration;
(C) the development, remediation, or compensation of behavioral skills and physical, cognitive, neuromuscular, and sensory functions;
(D) the education and training of an individual's family members and caregivers;
(E) care coordination, case management, and transition services;
(F) providing consulting services to groups, programs, organizations, or communities,
(G) modifying the environment and adapting processes, including the application of ergonomic principles;
(H) assessing, designing, fabricating, applying, fitting, and providing training in assistive technology, adaptive devices, orthotic devices, and prosthetic devices;
(I) assessing, recommending, and training an individual in techniques to enhance functional mobility, including wheelchair management;
(J) driver rehabilitation and community mobility;
(K) enhancing eating and feeding performance; and
(L) applying physical agent modalities, managing wound care, and using manual therapy techniques to enhance an individual's performance skills, if the occupational therapist has received the necessary training as determined by division rule in collaboration with the board. See Utah Code 58-42a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-42a-502. See Utah Code 58-42a-102
  • (2)  violating a lawful order, rule, or regulation adopted by the division in consultation with the board;

    (3)  providing substandard care as an occupational therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the client is established;

    (4)  providing substandard care as an occupational therapy assistant, including exceeding the authority to perform components of intervention selected and delegated by the supervising occupational therapist, regardless of whether actual injury to the client is established;

    (5)  knowingly delegating responsibilities related to the practice of occupational therapy to an individual, including an occupational therapy aide, who does not have the knowledge, skills, or abilities to perform those responsibilities;

    (6)  failing to provide appropriate supervision in accordance with this chapter to an occupational therapy assistant or occupational therapy aide;

    (7)  practicing as an occupational therapist or occupational therapy assistant when physical or mental impairment of the occupational therapist or occupational therapy assistant prevents the provision of competent services to clients;

    (8)  having had an occupational therapist, occupational therapy assistant, or equivalent license or application refused, revoked, suspended, or other disciplinary action taken in another state, United States territory, or country;

    (9)  engaging in sexual misconduct, including:

    (a)  engaging in or soliciting a sexual relationship with a client;

    (b)  making a sexual advance, requesting a sexual favor, or engaging in physical contact of a sexual nature with a client; and

    (c)  engaging in verbal or physical conduct of a sexual nature in the presence of a client; and

    (10)  abandoning or neglecting a client in need of immediate professional care without making reasonable arrangements for the continuation of care.

    Enacted by Chapter 432, 2015 General Session

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