Unprofessional Conduct, Prohibited Practices, and Advertising Restrictions
This domain tests the conduct that can trigger discipline outside ordinary clinical errors, especially misrepresentation and deceptive marketing. Kentucky licensees must avoid unlicensed practice, false credentials, and advertising that misleads the public.
Core rules
- Prohibited practices include practicing without a license, aiding an unlicensed person to practice, using another person's license, falsifying records, and failing to supervise an OTA as required.
- Unprofessional conduct includes dishonesty, impairment, sexual misconduct, abandonment, billing fraud, and violating patient confidentiality.
- Advertising must be accurate and not deceptive. An OT may state licensure and legitimate certifications but may not imply board approval of a specialty that does not exist.
- Do not guarantee cures or outcomes, use misleading before-and-after claims, or omit material limits. Social media posts and website content can be advertising.
- Testimonials are not automatically banned, but they must not create false expectations or disclose protected information without authorization.
Worked example
An OT advertises guaranteed cure for autism, no physician referral needed, and a board-certified specialist title that the OT does not hold. The ad is deceptive, misstates credentials, and may imply scope beyond the OT's competence. The board can treat it as unprofessional conduct.
Traps
Do not assume free speech protects false or misleading professional advertising; do not use an aide's title as an OT title; do not let marketing promises override informed consent and scope.