§ 43-40-16 — Suspension and revocation of license - Refusal to renew

1. The board may deny a license, refuse to renew a license, suspend a license, or revoke
a license or may impose probationary conditions if the licensee or applicant for license
has been found guilty of unprofessional conduct. Unprofessional conduct includes:
a. Obtaining a license by means of fraud, misrepresentation, or concealment of
material facts.
b. Being guilty of unprofessional conduct as defined by the rules adopted by the
board, or violating any code of ethics adopted by the board.
c. Being convicted of an offense, as defined by section 12.1-01-04, that the board
determines has a direct bearing upon a person's ability to serve the public as an
occupational therapist or an occupational therapy assistant or, following
conviction of any offense, if the board determines that the person is not
sufficiently rehabilitated under section 12.1-33-02.1.
d. Violating any lawful order or rule rendered or adopted by the board.
e. Violating this chapter or the rules promulgated by the board.
f. A pattern of inappropriate practice as an occupational therapist or occupational
therapy assistant.
g. The use of any false, fraudulent, or deceptive statement in any document
connected with the practice of occupational therapy.
h. Sexual abuse, misconduct, or exploitation related to the licensee's practice of
occupational therapy.
i. Gross negligence in the practice of occupational therapy.
2. A refusal to renew, suspension, revocation, or imposition of probationary conditions
upon a license may be ordered by the board after a hearing under chapter 28-32. An
application for reinstatement may be made to the board one year from the date of the

revocation of a license. The board may accept or reject an application for
reinstatement, and may hold a hearing to consider such reinstatement.