Iowa Admin. Code r. 645-13.2 - 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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