2018 Mississippi Code
Title 73 - Professions and Vocations
Chapter 24 - Mississippi Occupational Therapy Practice Act
§ 73-24-24. Grounds for disciplinary action against licensees; submission to physical or mental examination.
(1) Licensees subject to this chapter shall conduct their activities, services and practice in accordance with this chapter and any rules promulgated pursuant hereto. Licenses may be subject to the exercise of the disciplinary sanction enumerated in Section 73-24-25 if the board finds that a licensee is guilty of any of the following:
(a) Negligence in the practice or performance of professional services or activities;
(b) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public in the course of professional services or activities;
(c) Perpetrating or cooperating in fraud or material deception in obtaining or renewing a license or attempting the same;
(d) Being convicted of any crime which has a substantial relationship to the licensee’s activities and services or an essential element of which is misstatement, fraud or dishonesty;
(e) Being convicted of any crime which is a felony under the laws of this state or the United States;
(f) Engaging in or permitting the performance of unacceptable services personally or by others working under the licensee’s supervision due to the licensee’s deliberate or negligent act or acts or failure to act, regardless of whether actual damage or damages to the public is established;
(g) Continued practice although the licensee has become unfit to practice as an occupational therapist or occupational therapist assistant due to: (i) failure to keep abreast of current professional theory or practice; or (ii) physical or mental disability; the entry of an order or judgment by a court of competent jurisdiction that a licensee is in need of mental treatment or is incompetent shall constitute mental disability; or (iii) addiction or severe dependency upon alcohol or other drugs which may endanger the public by impairing the licensee’s ability to practice;
(h) Having disciplinary action taken against the licensee’s license in another state;
(i) Making differential, detrimental treatment against any person because of race, color, creed, sex, religion or national origin;
(j) Engaging in lewd conduct in connection with professional services or activities;
(k) Engaging in false or misleading advertising;
(l) Contracting, assisting or permitting unlicensed persons to perform services for which a license is required under this chapter;
(m) Violation of any probation requirements placed on a license by the board;
(n) Revealing confidential information except as may be required by law;
(o) Failing to inform clients of the fact that the client no longer needs the services or professional assistance of the licensee;
(p) Charging excessive or unreasonable fees or engaging in unreasonable collection practices;
(q) For treating or attempting to treat ailments or other health conditions of human beings other than by occupational therapy as authorized by this chapter;
(r) For practice or activities considered to be unprofessional conduct as defined by the rules and regulations;
(s) Violations of the current codes of conduct for occupational therapists and occupational therapy assistants adopted by the American Occupational Therapy Association;
(t) Violations of any rules or regulations promulgated pursuant to this chapter.
(2) The board may order a licensee to submit to a reasonable physical or mental examination if the licensee’s physical or mental capacity to practice safely is at issue in a disciplinary proceeding.
(3) Failure to comply with a board order to submit to a physical or mental examination shall render a licensee subject to the summary suspension procedures described in Section 73-24-25.
