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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

49 Pa. Code § 42.31. Unprofessional conduct.


§ 42.31. Unprofessional conduct.

 A licensee who engages in unprofessional conduct is subject to disciplinary action under section 16 of the act (63 P.S. §  1516). Unprofessional conduct includes the following:

   (1)  Harassing, abusing or intimidating a patient physically, verbally or sexually.

   (2)  Divulging, without patient or family consent, or both, information gained in the patient-therapist relationship to anyone not a member of the patient’s immediate family or not a health-care professional or educational team member, unless under a statute or court order.

   (3)  Receiving a fee for referring a patient to a third person.

   (4)  Accepting a patient for treatment or continuing treatment if benefit cannot reasonably be expected to accrue to the patient or client, or misleading a patient as to the benefits to be derived from occupational therapy.

   (5)  Guaranteeing the results of therapy, consultation or procedure.

   (6)  Practicing while using or under the influence of alcohol, narcotics or another type of drug, chemical or material which impairs judgment or coordination.

   (7)  Practicing without reasonable skill and safety to patients due to a physical or mental condition which impairs judgment or coordination or addiction to alcohol, narcotics or another type of drug, chemical or material which impairs judgment or coordination.

   (8)  Practicing outside the lawful scope of occupational therapy as defined in section 3 of the act (63 P.S. §  1503) or not in accordance with section 14 of the act (63 P.S. §  1514).


   The provisions of this §  42.31 issued under sections 5(b) and 6(a)(2) of the Occupational Therapy Practice Act (63 P.S. § §  1505(b) and 1506(a)(2)).


   The provisions of this §  42.31 adopted January 27, 1989, effective January 28, 1989, 19 Pa.B. 335; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6663. Immediately preceding text appears at serial pages (267185) and (223107).

Cross References

   This section cited in 49 Pa. Code §  42.9 (relating to licensure by endorsement).

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