Iowa Admin. Code r. 481-504.2 - Grounds for discipline
A
(1) Fraud in procuring a license. Fraud in procuring a
license includes but is not limited to an intentional perversion of the truth
in making application for a license to practice in this state, which includes
the following:
a. False representations of a
material fact, whether by word or by conduct, by false or misleading
allegations, or by concealment of that which should have been disclosed when
making application for a license in this state; or
b. Attempting to file or filing with the board or the
department of inspections, appeals, and licensing any false or forged diploma,
certificate, affidavit, identification or qualification in making an
application for a license in this state.
(2) Professional incompetence. Professional
incompetence includes but is not limited to:
a. A substantial lack of knowledge or ability to
perform professional obligations within the scope of practice.
b. A substantial deviation from the standards
of learning or skill ordinarily possessed and applied by other licensees in the
state of Iowa acting in the same or similar circumstances.
c. A failure to exercise the degree of care that is
ordinarily exercised by the average licensee acting in the same or similar
circumstances.
d. Failure to
conform to the minimal standard of acceptable and prevailing practice of a
licensee in this state.
e. Mental
or physical inability reasonably related to and adversely affecting the
licensee 's ability to practice in a safe and competent manner.
f. Being adjudged mentally incompetent by a
court of competent jurisdiction.
(3) Practice outside the scope of the
profession.
(4) Habitual
intoxication or addiction to the use of drugs, including:
a. The inability of a licensee to practice with
reasonable skill and safety by reason of the excessive use of alcohol on a
continuing basis.
b. The excessive
use of drugs that may impair a licensee 's ability to practice with reasonable
skill or safety.
(5)
Obtaining, possessing, attempting to obtain or possess, or administering
controlled substances without lawful authority.
(6) Falsification, alteration or destruction of client
or patient records with the intent to deceive.
(7) Acceptance of any fee by fraud or
misrepresentation.
(8) Negligence
by the licensee in the practice of the profession, which includes a failure to
exercise due care, including negligent delegation of duties or supervision of
employees or other individuals, whether or not injury results; or any conduct,
practice or conditions that impair the ability to safely and skillfully
practice the profession.
(9) Being
convicted of an offense that directly relates to the duties and
responsibilities of the profession. A conviction includes a guilty plea,
including Alford and nolo contendere pleas, or a finding or verdict of guilt,
even if the adjudication of guilt is deferred, withheld, or not entered. A copy
of the guilty plea or order of conviction constitutes conclusive evidence of
conviction. An offense directly relates to the duties and responsibilities of
the profession if the actions taken in furtherance of the offense are actions
customarily performed within the scope of practice of the profession or the
circumstances under which the offense was committed are circumstances customary
to the profession.
(10) Violation
of a regulation, rule, or law of this state, another state, or the United
States that relates to the practice of the profession.
(11) Revocation, suspension, or other disciplinary
action taken by a licensing authority of this state or another state, territory
or country; or failure of the licensee to report such action within 30 days of
the final action by such licensing authority. A stay by an appellate court
shall not negate this requirement; however, if such disciplinary action is
overturned or reversed by a court of last resort, such report shall be expunged
from the records of the board .
(12)
Failure of a licensee or an applicant for licensure in this state to report any
voluntary agreements restricting the individual's practice in another state,
district, territory or country.
(13) Failure to notify the board of a criminal
conviction within 30 days of the action, regardless of the jurisdiction where
it occurred.
(14) Failure to notify
the board within 30 days after occurrence of any judgment or settlement of a
malpractice claim or action.
(15)
Engaging in any conduct that subverts or attempts to subvert a board
investigation.
(16) Failure to
comply with a subpoena issued by the board or failure to cooperate with an
investigation of the board .
(17)
Failure to respond within 30 days of receipt of communication from the board
that was sent by registered or certified mail.
(18) Failure to comply with the terms of a board order
or the terms of a settlement agreement or consent order.
(19) Failure to pay costs assessed in any disciplinary
action.
(20) Submission of a false
report of continuing education or failure to submit the biennial report of
continuing education.
(21) Failure
to report another licensee to the board for any violations listed in these
rules, pursuant to Iowa Code section
272C.9.
(22) Knowingly aiding, assisting, or advising a person
to unlawfully practice the profession.
(23) Failure to report a change of name or address
within 30 days after it occurs.
(24) Representing oneself as a licensee when one's
license has been suspended or revoked, or when one's license is on inactive
status.
(25) Permitting another
person to use the licensee 's license for any purpose.
(26) Permitting an unlicensed employee or person under
the licensee 's control to perform activities that require a license to practice
the profession.
(27) Unethical
conduct. In accordance with Iowa Code section
147.55(3),
behavior (i.e., acts, knowledge, and practices) that constitutes unethical
conduct may include but is not limited to the following:
a. Verbally or physically abusing a patient or
client.
b. Improper sexual contact
with or making suggestive, lewd, lascivious or improper remarks or advances to
a patient, client or coworker.
c.
Betrayal of a professional confidence.
d. Engaging in a professional conflict of
interest.
(28) Repeated
failure to comply with standard precautions for preventing transmission of
infectious diseases as issued by the Centers for Disease Control and Prevention
of the United States Department of Health and Human Services.
(29) Violation of the terms of an initial
agreement with the Iowa professional health committee or violation of the terms
of an impaired practitioner recovery contract with the Iowa professional health
committee.
Notes
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