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 cash, 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 (Aggravation and Mitigation)):
(a)Practicing or assisting in occupational therapy practice as defined in ORS 675.220 (Representation as occupational therapist or therapy assistant prohibited without license)(1) and 675.222 (Employing unlicensed person prohibited) without a current Oregon license or limited permit due to nonpayment of fees:
(A)Date license lapses to six months, $100;
(B)Six months to twelve months, $200;
(C)One year to two years, $500;
(D)Two years and up, $1,000.
(b)Practicing or assisting in occupational therapy practice as defined in ORS 675.220 (Representation as occupational therapist or therapy assistant prohibited without license)(1) and 675.222 (Employing unlicensed person prohibited) 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 (Definitions for ORS 675.210 to 675.340) to 675.340 (Enforcement procedure) 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.
Rule 339-010-0021 — Imposition of Civil Penalties,