| (a) The Board may revoke or suspend an existing valid
license or disqualify a person from receiving or renewing a license
because of a person's conviction of a felony or misdemeanor if the
crime directly relates to the practice of occupational therapy. Those
crimes that the Board considers to be directly related to the duties
and responsibilities of an occupational therapist or an occupational
therapy assistant shall include, but are not limited to:
(1) any felony that involves an act of fraud, dishonesty,
or deceit;
(2) any criminal violation of the Occupational Therapy
Practice Act or other statutes regulating or pertaining to occupational
therapy or the medical profession;
(3) any crime involving moral turpitude ("moral turpitude"
in this section refers to baseness, vileness, or dishonesty of a high
degree);
(4) murder;
(5) assault;
(6) burglary;
(7) robbery;
(8) theft;
(9) rape or sexual abuse;
(10) patient/client abuse;
(11) injury to a child, elderly individual, or an individual
with a disability;
(12) child molestation, abuse, endangerment, or neglect;
(13) felony conviction for driving while intoxicated,
driving under the influence of alcohol or drugs, or driving while
ability is impaired;
(14) sale, distribution, or illegal possession of narcotics,
controlled substances, or dangerous drugs;
(15) tampering with a governmental record;
(16) offenses that include attempting or conspiring
to commit any of the offenses in this subsection.
(b) In determining whether a crime not listed previously
relates to occupational therapy, the Board will consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license to practice occupational therapy;
(3) the extent to which a license might offer opportunities
to engage in further criminal activity of the same type as that in
which the person was previously engaged; and
(4) the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and to discharge the responsibilities
of an occupational therapist or occupational therapy assistant.
(c) In review of a complaint alleging that the respondent/applicant
has been convicted of a crime that directly relates to the duties
and responsibilities of an occupational therapist or occupational
therapy assistant, the Board shall consider the following evidence
in determining the respondent's/applicant's present fitness to practice
occupational therapy:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person at the time of commission
of the crime;
(3) conduct and work activity of the person prior to
and after criminal activity;
(4) evidence of rehabilitation while incarcerated or
following release;
(5) notarized letters of recommendation from prosecution,
law enforcement, and correctional officers who prosecuted, arrested,
or had custodial responsibility for the person; letters from the sheriff
or chief of police where the person resides; and other persons having
contact with the convicted person; and
(6) records of steady employment, provision for dependents,
payment of all court costs, supervision fees, fines, and restitution
if ordered as a result of the person's conviction.
(d) The burden and expense of providing and presenting
the foregoing documentation to the Board shall be solely that of the
respondent/applicant.
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