SECTION 435:70-7-3. Grounds for disciplinary action

(a)   The Board may reprimand or place on probation any holder of a Therapeutic Recreation Specialist license or revoke or suspend any license issued to Therapeutic Recreation Specialist who is found in violation of the Act. Violations include but shall not be limited to the following:

(1)   Conviction of a felony or of any offense involving moral turpitude.

(2)   Conviction of, or admission of guilt, or plea of no contest to a felony or misdemeanor.

(3)   Dishonorable or immoral conduct that is likely to deceive, defraud, or harm the public.

(4)   Aiding, abetting or assisting any other person to violate or circumvent any law, rule or regulation intended to guide the conduct of a Therapeutic Recreation Specialist .

(5)   Procuring, aiding or abetting a criminal operation.

(6)   Participation in fraud, abuse and/or violation of state or federal laws.

(7)   Fraudulent billing practices and/or violation of Medicare and Medicaid laws or abusive billing practices.

(8)   Improper management of medical records, inaccurate recording, falsifying or altering of client records.

(9)   Falsely manipulating client's records or forging a prescription for medication/drugs, or presenting a forged prescription.

(10)   Habitual intemperance or the habitual use of habit-forming drugs.

(11)   Habitual intemperance or addicted use of any drug, chemical or substance that could result in behavior that interferes with the practice of recreational therapy and the responsibilities of the licensee.

(12)   Unauthorized possession or use of illegal or controlled substances or pharmacological agents without lawful authority or prescription by an authorized and licensed independent practitioner of the State of Oklahoma.

(13)   Engaging in physical conduct with a client that is sexual in nature, or in any verbal behavior that is seductive or sexually demeaning to a client.

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

(15)   Verbally or physically abusing clients.

(16)   Discriminating in the rendering of client care.

(17)   Leaving a client care assignment without properly advising the appropriate personnel.

(18)   Violating the confidentiality of information or knowledge concerning a client.

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

(20)   Negligence while in practice of recreation therapy or violating the "Standards of Ethics and Professional Conduct" adopted by the Board.

(21)   Being judged mentally incompetent by a court of competent jurisdiction.

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

(23)   Falsifying documents submitted to the Therapeutic Recreation Committee or the Oklahoma State Board of Medical Licensure and Supervision.

(24)   Obtaining or attempting to obtain a license, certificate or documents of any form as a Therapeutic Recreation Specialist by fraud or deception.

(25)   Cheating on or attempting to subvert the examination or skills assessment tests offered by the National Council for Therapeutic Recreation Certification (NCTRC) or its successor organization.

(26)   Failure to report through proper channels the unsafe, unethical or illegal practice of any person who is providing care.

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

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

(29)   Violation of any provision(s) of the Therapeutic Recreation Act or the rules and regulations of the board or of an action, stipulation, agreement or order of the Board.

(30)   Failure to report to the Board any adverse action taken against him or her by another licensing jurisdiction (United States or foreign), by any governmental agency, by any law enforcement agency, or by any court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section.

(b)   A Therapeutic Recreation Specialist who knowingly allows or participates with individual(s) who are in violation of the above will be prohibited from supervising other Therapeutic Recreation Specialist or Therapeutic Recreation Specialist Assistants for so long as the Board deems appropriate, and may themselves be subject to disciplinary action pursuant to their conduct.

(c)   All Therapeutic Recreation Specialist are responsible for maintaining and promoting the ethical practice of Therapeutic Recreation. Therapeutic Recreation personnel shall act in the best interest of the client at every level of practice. This Code of Ethics shall be binding on all Therapeutic Recreation personnel. All Therapeutic Recreation Personnel shall:

(1)   Demonstrate a concern for the well-being of the recipients of their services. (Beneficence).

(2)   Take reasonable precautions to avoid imposing or inflicting harm upon the recipient of services or to his/her property. (Nonmalfeasance).

(3)   Respect the recipient and/or their surrogate(s) as well as the recipient's rights. (Autonomy, privacy, confidentiality).

(4)   Achieve and continually maintain high standards of competence. (Duties)

(5)   Comply with laws and policies guiding the profession of Therapeutic Recreation. (Justice).

(6)   Provide accurate information about Therapeutic Recreation services. (Veracity)

(7)   Treat colleagues and other professionals with fairness, discretion and integrity.

[Source: Added at 28 Ok Reg 278, eff 11-3-10 (emergency); Added at 28 Ok Reg 1754, eff 6-25-11]