SECTION 435:55-7-2. Grounds for disciplinary action

(a)   The Advisory Committee on Orthotics and Prosthetics may recommend to the Board to reprimand or place on probation any holder of an Orthotist and/or Prosthetist license (LO, LP, LPO), Registered Orthotist/Prosthetist Assistant, or Registered Orthotist/Prosthetist Technician or to limit, suspend or revoke privileges, or to revoke or suspend any license issued to an LO, LP, LPO, Registered Orthotist/Prosthetist Assistant, or Registered Orthotist/Prosthetist Technician or deny a license to an applicant for unprofessional conduct. Acts which constitute unprofessional conduct include, but are not limited to:

(1)   Habitual intemperance or the habitual use of any habit forming drug, chemical or substance that could result in behavior that interferes with the practice of orthotics and/or prosthetics and the responsibilities of the licensee.

(2)   Unauthorized possession or use of illegal or controlled substances or pharmacologic agents without lawful authority or prescription by an authorized and licensed practitioner of the healing arts.

(3)   Any conduct which potentially or actually jeopardizes a patient's life, health or safety.

(4)   Falsely manipulating patient records, or forging a prescription for an orthotic and/or prosthetic device, or presenting a forged prescription

(5)   Violation of orthotic/prosthetic standards of ethical conduct as outlined in OAC 435:55-7-3.

(6)   Failing to adhere to Medicare supplier Standards.

(7)   Failing to adhere to a legitimate scope of practice within one's license and/or making false or misleading statements to patients or the public.

(8)   Failing to properly supervise assistants, technicians and fitters.

(9)   Conviction of, or confession, plea of guilty or no contest to a felony or a crime involving moral turpitude.

(10)   Conviction of, or confession or plea of no contest to, a drug related offense.

(11)   Falsifying documents submitted to the Advisory Committee on Orthotics and Prosthetics or the Oklahoma State Board of Medical Licensure and Supervision.

(12)   Obtaining or attempting to obtain a license, certificate or documents of any form by fraud or deception.

(13)   Aiding, abetting or assisting any other person to violate or circumvent any law or rule or regulation.

(14)   Failure to report the unsafe or illegal practice of any person who is licensed under this act.

(15)   Negligence while in practice.

(16)   Engaging in fraudulent billing practices and/or violation of federal Medicare and Medicaid laws or state medical assistance laws.

(17)   Being adjudged mentally incompetent by a court of competent jurisdiction.

(18)   Failing to timely make application for license renewal.

(19)   Verbally or physically abusing patients.

(20)   Discriminating in the rendering of patient care and orthotic/prosthetic assignment(s).

(21)   Inaccurate recording, falsifying or altering of patient records.

(22)   Leaving a patient care assignment or patient without properly advising appropriate personnel.

(23)   Violating the confidentiality of information or knowledge concerning a patient.

(24)   While engaged in the care of a patient, engaging in conduct with a patient, patient family member or significant other which is seductive or sexually demeaning/exploitive in nature.

(25)   Violating any provision of the Oklahoma Licensed Orthotist Prosthetist Act or the rules romulgated by the Board.

(26)   Failure to furnish the Board, its investigators or representatives, information lawfully requested by the Board.

(27)   Failure to cooperate with a lawful investigation conducted by the Board.

(28)   Violation of any provision(s) of the medical practice act or the rules and regulations of he Board or of an action, stipulation, agreement or order of the Board.

(29)   Lodging a false complaint.

(b)   An Orthotist and/or Prosthetist on probation with the Board will be prohibited from supervision of other temporary license holders, technicians and assistants.

[Source: Added at 19 Ok Reg 549, eff 12-28-01 (emergency); Added at 19 Ok Reg 2323, eff 6-28-02]