Current through Register Vol. 54, No. 44, November 2, 2024
Section 43b.440 - Schedule of criminal convictions-state Board of Occupational Therapy Education and Licensure(a) A conviction of any of the sexual offenses set forth in § 43b.421 (relating to schedule of sexual offenses) constitutes grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Occupational Therapy Education and Licensure (Board) in accordance with § 43b.404(b) (relating to consideration of criminal convictions).(b) A conviction of any of the criminal offenses set forth in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Board.(1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c).(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board (occupational therapy and occupational therapy assisting), which shall raise a rebuttable presumption that the individual's licensure, certification, permitting or registration poses a substantial risk to the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i): (i)18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).(ii)18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).(iii)23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.(iv) Section 1407 of the Human Services Code (62 P.S. § 1407), regarding provider prohibited acts, criminal penalties and civil remedies, pertaining to Medicaid fraud.(v) Section 16 of the Occupational Therapy Practice Act (63 P.S. § 1516) regarding refusal, suspension or revocation of license; refusal to renew; penalties; injunctive relief, pertaining to misdemeanor violations of the Occupational Therapy Practice Act (63 P.S. §§ 1501-1519).(vi) Section 1102 of the Workers- Compensation Act (77 P.S. § 1039.2), regarding offenses, pertaining to insurance fraud under the Workers- Compensation Act (77 P.S. §§ 1-2710).(vii)18 U.S.C.A. § 1035, regarding false statements relating to health care matters.(viii)18 U.S.C.A. § 1347, regarding health care fraud.(ix) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in sub-paragraphs (i)-(viii).(x) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.(xi) An equivalent crime in another jurisdiction.(c) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board's determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024