Section 5.02. Unprofessional conduct defined.

  "Unprofessional conduct" means doing, or aiding or abetting, any of the following:

(1)  Violating or attempting to violate any provision or term of ss. 448.96 to 448.970 , Stats., or of any rule of the board.

(2)  Violating or attempting to violate any term, provision, or condition of any order of the board.

(3)  Knowingly making or presenting or causing to be made or presented any false, fraudulent, or forged statement, writing, certificate, diploma, or other item in connection with any application for license.

(4)  Practicing fraud, forgery, deception, collusion, or conspiracy in connection with any examination for license.

(5)  Giving, selling, buying, bartering, or attempting to give, sell, buy, or barter any license.

(6)  Engaging or attempting to engage in practice under any license under any given name or surname other than that under which originally licensed or registered to practice in this or any other state. This subsection does not apply to change of name resulting from marriage, divorce, or order by a court of record.

(7)  Any practice or conduct which may constitute a danger to the health, welfare, or safety of client or public.

(8)  Practicing or attempting to practice under any license when unable to do so with reasonable skill and safety to clients.

(9)  Practicing or attempting to practice under any license beyond the scope of that license.

(10)  Offering, undertaking, or agreeing to treat or cure a disease or condition by a secret means, method, device, or instrumentality; or refusing to divulge to the board upon demand the means, method, device, or instrumentality used in the treatment of a disease or condition.

(11)  Representing that a manifestly incurable disease or condition may be or will be permanently cured; or that a curable disease or condition can be cured within a stated time, if this is not the fact.

(12)  Knowingly making any false statement, written or oral, in practicing under any license, with fraudulent intent; or obtaining or attempting to obtain any professional fee or compensation of any form by fraud or deceit.

(13)  Willfully divulging a privileged communication or confidence entrusted by a client or deficiencies in the character of clients observed in the course of professional attendance, unless lawfully required to do so.

(14)  Engaging in uninvited, in-person solicitation of actual or potential clients who, because of their particular circumstances, are vulnerable to undue influence; or engaging in false, misleading or deceptive advertising.

(15)  Having a license, certificate, permit, registration, or other practice credential granted by another state or by any agency of the federal government to practice occupational therapy, which becomes limited, restricted, suspended, or revoked, or having been subject to other adverse action by the state licensing authority or by any agency of the federal government including the denial or limitation of an original credential, or the surrender of a credential, whether or not accompanied by findings of negligence or unprofessional conduct.

(16)  Conviction of any crime the circumstances of which substantially relate to the circumstances of the practice of occupational therapy. A certified copy of a judgment of a court record showing such conviction, within this state or without, shall be presumptive evidence.

(17)  Aiding or abetting the unlicensed practice of occupational therapy.

(18)  Violating or aiding and abetting the violation of any law or administrative rule or regulation the circumstances of which substantially relate to the circumstances of the practice of occupational therapy.

(19)  Failing to report to the board or to institutional supervisory personnel any violation of the rules of this chapter by a licensee.

(20)  Engaging in inappropriate sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a client. For the purposes of this subsection, an adult receiving treatment shall continue to be a client for 2 years after the termination of professional services. If the person receiving treatment is a minor, the person shall continue to be a client for the purposes of this subsection for 2 years after termination of services, or for 2 years after the client reaches 18 years of age, whichever is longer.

History: CR 02-026 : cr. Register December 2002 No. 564 , eff. 1-1-03.