ETHICAL JURISDICTION OF OT
- Public bodies created by state legislatures to
1. American OT Assoc. (AOTA)
- Has greatest jurisdiction
- Voluntary membership orgs
- Has no direct authority over practitioners who are
NOT members
- No direct legal mechanism to preventingnon-
members 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.
- 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:
o Reprimand – a privately communicated
expression of disapproval of conduct
o 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:
o Reprimand – formal expression
disapproval of conduct communicated privately
& retained in the individual’s certification file
o Censure – formal expression of disapproval
that is public
o Ineligibility – for certification indefinitely or
for a specified period of time
o Probation – requires the individual to fulfil
certain condition (education, supervision,
counselling) to remain certified
o 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)
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:
- Contact SRB 1st
- 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
of
- 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