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(AOTA) - Has greatest jurisdiction - Voluntary membership orgs - Has no direct authority over practitioners who are NOT members - No direct legal mechanism to preventingnonmembers who are incompetent, unethical or unqualitfied from practicing - Commission of Standards & ethics (SEC) o Code of Ethics o Standards for Accredited Educational Program for the OTist o Standards for Accredited Educational Program for the OTA o Standards of Practice for OT - Responsible for informing & educating members about: o Ethical issues o Upholding the practice & education standards of the profession monitoring the behaviour of members o Reviewing allegations of unethical conduct - Can restrict or prohibit the individual’s ability to participate as a full member in the professional assoc.
Public bodies created by state legislatures to assure the health & safety of that state - Specific responsibility: protect the public form potential harm that might be caused by incompetent of unqualified practitioners - May be in form of licensure, registration or certification - Legal guidance usually specify the scope of practice of the profession & qualifications that must be met - Provides description of ethical behaviour - Limited jurisdiction - Have authority to discipline members - Sanctions: o Public Censure o Temporary suspension of practice previlieges o Permanent prohibition from practice in that state o Monetary fee WHERE TO GO FIRST:
If complaint is filed, Ethics Officer acts preliminary investigator → SEC reviews info gathered as part of preliminary investigation → if there is sufficient evidence, complaint is forwarded to judicial council→ if guilty, there are several levels of sanction depending on severity of the infraction, including:
Reprimand – a privately communicated expression of disapproval of conduct
Public Censure – a formal expression of disapproval that is public o Temporary suspension of membership o Revocation/ permanent loss of membership o Educative letter 2. Natl Board for Certification in OT (NBCOT) - Natl credentialing agency - Initially certifies qualified persons as OTs & OTAs through written examination - Has jurisdiction over all NBCOT certified OT practitioners as well as those eligible for NBCOT certification - Can suspend or revoke the violator’s certification - Develop Procedures for Disciplinary Action o Used as a guide for considering possible disciplinary action - Main categories of concerns: o Competence o Unethical behaviour o Impairment - Sanctions:
If state has no SRB, find out if OT is AOTA member. o If so, contact AOTA & NBCOT o If not, contact NBCOT only The Disciplinary Action Information Exchange (DAIEN) - Communication network established by AOTA, NBCOT & SRBs - Notifies the other orgs when any axn is taken against OT practitioner The Info Exhange - NBCOT’s quarterly newsletter - Published DAIEN’s master list of names who have been reported by NBCOT, AOTA & SRBs WHO TO CALL: 1. Who should i call if i have questions about? - Ethical violations w/c could cause harm/ has potential to cause harm to a consumer/ public o ALL - Violations w/c do not cause harm or have a ltd potential of causing harm to the consumer/ public o AOTA - Violations of professional values w/c do not relate directly to potential harm to the public o AOTA 2. Where did the alleged violation occur & who was involved in the alleged accident? - Took place in a state w/ rules, regulations, & disciplinary procedures in place o ALL - Took place in an unregulated state o NBCOT, AOTA - Was committed by an AOTA member o ALL - Was committed by a person who is not a member of AOTA o NBCOT, SRB 3. What is the disciplinary axn that you wish as a consequence of filing a complaint? - Restrict/ revoke licensure o SRB - Restrict/revoke certification o NBCOT - Restrict/prohibit membership in AOTA o AOTA
Contact SRB 1st
o o o o o
Reprimand – formal expression of disapproval of conduct communicated privately & retained in the individual’s certification file Censure – formal expression of disapproval that is public Ineligibility – for certification indefinitely or for a specified period of time Probation – requires the individual to fulfil certain condition (education, supervision, counselling) to remain certified
Suspension or loss of certification for a specified period of time (required to complete a specific amt of time for public service or participate in rehab program) o Revocation or permanent loss of certification 3. State Regulatory Boards (SRB)