Or. Admin. Code § 339-010-0021 - Imposition of Civil Penalties
(1) Imposition of a civil penalty does not preclude
disciplinary sanction against the occupational therapist's/occupational therapy
assistant's license. Disciplinary sanction against the occupational
therapist's/occupational assistant/s license does not preclude imposing a civil
penalty. Criminal conviction does not preclude imposition of a civil penalty
for the same offense.
(2) The civil penalty shall be payable to the Board by credit
card, cashier's check or money order.
(3) Civil penalties may be imposed according to the following
schedule or as otherwise determined by the Board:
(a) Practicing or assisting in occupational therapy practice as
defined in ORS 675.220(1) and 675.222 without a current Oregon license or
limited permit due to nonpayment of fees, $250 per month;
(b) Practicing or assisting in occupational therapy practice as
defined in ORS 675.220(1) and 675.222 without a current Oregon license or
limited permit, not related to nonpayment of fee, $1,000;
(c) Unprofessional conduct by a licensee or limited permittee,
$1,000;
(d) Violation of ORS 675.210 to 675.340 or any rule of the
Board unless otherwise provided in this schedule, $1,000;
(e) Gross negligence in the practice of occupational therapy,
$1,000;
(f) Employing an individual to practice occupational therapy
when the individual does not have a current, valid Oregon license or permit,
$1,000 per day;
(g) Knowingly making a false statement to the Board,
$1,000;
(h) Practicing occupational therapy outside the scope for which
the license or permit is issued, $1,000;
(i) Obtaining or attempting to obtain a license or permit or a
renewal of a license or permit by bribery or misrepresentation, $1,000;
(j) Purporting to be a licensee or permittee when the person
does not hold a valid license or permit, $1,000;
(k) Practicing occupational therapy under a false or assumed
name, $500;
(l) Conviction of a crime where such crime bears a demonstrable
relationship to the practice of occupational therapy, $1,000;
(m) Undertaking to act as an occupational therapy assistant
independently of the supervision of an occupational therapist licensed by the
Oregon Occupational Therapy Licensing Board, $500.
(4) The Board shall report to the National Board for
Certification in Occupational Therapy all cases of disciplined
licensees.
Notes
Statutory/Other Authority: ORS 675.320(10)
Statutes/Other Implemented: ORS 675.336 & 675.337
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Imposition of a civil penalty does not preclude disciplinary sanction against the occupational therapist's/occupational therapy assistant's license. Disciplinary sanction against the occupational therapist's/occupational assistant/s license does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same offense.
(2) The civil penalty shall be payable to the Board by credit card, cashier's check or money order.
(3) Civil penalties shall be imposed according the following schedule in the absence of a finding of aggravating or mitigating circumstances (per OAR 339-010-0022):
(a) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and 675.222 without a current Oregon license or limited permit due to nonpayment of fees, $250 per month.
(b) Practicing or assisting in occupational therapy practice as defined in ORS 675.220(1) and 675.222 without a current Oregon license or limited permit, not related to nonpayment of fee, $1,000;
(c) Unprofessional conduct by a licensee or limited permittee, $1,000;
(d) Violation of ORS 675.210 to 675.340 or any rule of the Board unless otherwise provided in this schedule, $1,000;
(e) Gross negligence in the practice of occupational therapy , $1,000;
(f) Knowingly employing an individual to practice occupational therapy when the individual does not have a current, valid Oregon license or permit, $1,000;
(g) Knowingly making a false statement to the Board, $1,000;
(h) Practicing occupational therapy outside the scope for which the license or permit is issued, $1,000;
(i) Obtaining or attempting to obtain a license or permit or a renewal of a license or permit by bribery or misrepresentation, $1,000;
(j) Purporting to be a licensee or permittee when the person does not hold a valid license or permit, $1,000;
(k) Practicing occupational therapy under a false or assumed name, $500;
(l) Conviction of a crime where such crime bears a demonstrable relationship to the practice of occupational therapy , $1,000;
(m) Undertaking to act as an occupational therapy assistant independently of the supervision of an occupational therapist licensed by the Oregon Occupational Therapy Licensing Board, $500.
(4) The Board shall report to the National Board for Certification in Occupational Therapy all cases of disciplined licensees.
Notes
Statutory/Other Authority: ORS 675.320(10)
Statutes/Other Implemented: ORS 675.336 & 675.337