2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 28 - Occupational Therapists
§ 43-28-13. Denial, Refusal to Renew, Suspension, or Revocation of Licenses; Probation; Fines; Reinstatement

1. In addition to the powers granted in Code Section 43-1-19, the board shall, after notice and opportunity for hearing, have the power to deny or refuse to renew, suspend, or revoke the license of, or impose a fine or probationary conditions upon, any licensee who has been engaged in unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Unprofessional conduct, as defined by the rules and regulations of the board, includes, but is not limited to:
   1. Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of material facts;
   2. Practicing beyond the scope of the practice of occupational therapy;
   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 patient 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 patient is established;
   5. Failing to provide appropriate supervision to an occupational therapy assistant or occupational therapy aide in accordance with this chapter and board rules;
   6. Knowingly delegating responsibilities to an individual who does not have the knowledge, skills, or abilities to perform those responsibilities;
   7. Practicing as an occupational therapist or occupational therapy assistant when physically or mentally impaired;
   8. Having had an occupational therapist or occupational therapy assistant license revoked or suspended, other disciplinary action taken, or an application for licensure refused, revoked, or suspended by the proper authorities of another state, territory, or country, irrespective of intervening appeals and stays;
   9. Engaging in sexual misconduct. For purposes of this paragraph, sexual misconduct includes:
      1. Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, as an occupational therapist or occupational therapy assistant when a client or student relationship exists with that person; or
      2. Making sexual advances, requesting sexual favors or engaging in physical contact of a sexual nature with patients, clients, or students;
   10. Aiding or abetting a person who is not licensed as an occupational therapist or occupational therapy assistant in this state and who directly or indirectly performs activities requiring a license;
   11. Abandoning or neglecting a patient or client under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care; or
   12. Being convicted of a crime that has a direct bearing on whether the licensee should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant.
2. Such denial, refusal to renew, suspension, revocation, or imposition of a fine or probationary conditions upon a licensee may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board and in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." One year from the date of revocation of a license, application may be made to the board for reinstatement. The board shall have the discretion to accept or reject an application for reinstatement.

(Ga. L. 1976, p. 993, § 16; Ga. L. 1991, p. 379, § 9; Ga. L. 2019, p. 745, § 1/HB 253; Ga. L. 2020, p. 493, § 43/SB 429.)

The 2019 amendment, effective July 1, 2019, in subsection (a), in the first sentence, substituted "In addition to the powers granted in Code Section 43-1-19, the" for "The" at the beginning and substituted "engaged in" for "guilty of" in the middle, and substituted the present provisions of the second sentence for the former provisions, which read: "Such unprofessional conduct includes:"; substituted the present provisions of paragraph (a)(2) for the former provisions, which read: "Being guilty of unprofessional conduct as defined by the rules and regulations established by the board; or"; added paragraphs (a)(3) through (a)(11); redesignated former paragraph (a)(3) as present paragraph (a)(12); substituted "crime that has a direct bearing on whether the licensee" for "crime other than minor offenses defined as 'minor misdemeanors,' 'violations,' or 'offenses' in any court if the acts for which he was convicted are found by the board to have a direct bearing on whether he" in paragraph (a)(12); and, in subsection (b), added "and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'" at the end of the first sentence, and deleted "and may, but shall not be required to, hold a hearing to consider such reinstatement" following "reinstatement" at the end of the third sentence.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted "patient" following "occupational therapy assistant" in subparagraph (a)(9)(A).

- Pursuant to Code Section 28-9-5, in 2019, a period was deleted following " 'Georgia Administrative Procedure Act.'" at the end of the first sentence of subsection (b).

RESEARCH REFERENCES

ALR.

- Hearsay in proceeding for suspension or revocation of license to conduct business or profession, 142 A.L.R. 1388.