In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or otherwise restrict the license of a licensed person who:
(1) has been convicted of violating federal, state, or local laws relating to occupational therapy;
(2) violates a provision of this chapter or a regulation promulgated pursuant to this chapter or an order issued by the board;
(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license or temporary license;
(4) has participated in the fraudulent procurement or renewal of a license or temporary license for himself or another person or has allowed another person to use the license;
(5) has committed fraud or deceit in the practice of occupational therapy including, but not limited to:
(a) misrepresenting an educational degree, training, credentials, or competence;
(b) using or promotion or causing the use of a misleading, deceiving, improbable, or untruthful advertising matter or promotional literature;
(c) wilfully making or filing a false report or record in the practice of occupational therapy;
(6) has committed an act of dishonest, immoral, or unprofessional conduct while engaging in the practice of occupational therapy including, but not limited to:
(a) engaging in illegal, incompetent, or negligent practice;
(b) providing services to a person who reasonably cannot be expected to benefit from the services;
(7) has been convicted or plead guilty or nolo contendere to a felony or crime involving moral turpitude or a violation of a federal, state, or local alcohol or drug law, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside; or
(8) has been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section.
HISTORY: 1977 Act No. 139 Section 11; 1998 Act No. 356, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 36 - Occupational Therapists
Section 40-36-5. Application of chapter; conflict of laws.
Section 40-36-10. Board of Occupational Therapy; creation and purpose; membership.
Section 40-36-20. Definitions.
Section 40-36-30. Required licenses; practice while license suspended or revoked; penalty.
Section 40-36-60. Adoption of rules and regulations; seal.
Section 40-36-70. Board regulation of licensing and discipline; additional powers and duties.
Section 40-36-80. Investigation of complaints and violations.
Section 40-36-90. Investigation results; presentation to board; procedures for hearing.
Section 40-36-100. Restraining orders and other equitable relief.
Section 40-36-115. Jurisdiction of the board.
Section 40-36-130. Grounds for denial of license may be same as for disciplinary action.
Section 40-36-140. Denial of license based on prior criminal record.
Section 40-36-150. Voluntary surrender of license by licensee being investigated.
Section 40-36-170. Costs of investigation and prosecution; authority to require payment by violator.
Section 40-36-180. Collection and enforcement provisions for costs and fines.
Section 40-36-190. Confidentiality of proceedings and communications.
Section 40-36-200. Violations of chapter; submission of false information to board; penalty.
Section 40-36-210. Petition by department for injunctive relief.
Section 40-36-250. Licensure without examination.
Section 40-36-280. Persons excepted from application of chapter.
Section 40-36-290. Responsibilities and duties of occupational therapists; records; discharge notes.
Section 40-36-310. Severability.
Section 40-36-520. Definitions.
Section 40-36-530. State participation in the compact.
Section 40-36-540. Compact privilege.
Section 40-36-550. Obtaining a new home state license by virtue of compact privilege.
Section 40-36-560. Active duty military personnel or their spouses.
Section 40-36-570. Adverse actions.
Section 40-36-580. Establishment of the Occupational Therapy Compact Commission.
Section 40-36-590. Data system.
Section 40-36-600. Rulemaking.
Section 40-36-610. Oversight, dispute resolution, and enforcement.
Section 40-36-620. Date of implementation; withdrawal; amendment.
Section 40-36-630. Construction and severability.
Section 40-36-640. Binding effect of compact and other laws.