8 AAC 45.440. Removal of rehabilitation specialists

(a) The name of a person who qualified only under 8 AAC 45.410(b) will be removed from the rehabilitation specialists' list effective July 1, 1989. No notice of the removal will be given to the person.

(b) The administrator may disqualify a rehabilitation specialist from providing services under AS 23.30.041 for

(1) repeated failure by the rehabilitation specialist to demonstrate suitable rehabilitation skills;

(2) repeated failure by the rehabilitation specialist to timely file rehabilitation reports or provide rehabilitation services;

(3) significant failure by the rehabilitation specialist to adhere to statutory or regulatory requirements;

(4) unethical conduct by the rehabilitation specialist as defined by the ethics committee of the Alaska Rehabilitation Association or other appropriate professional rehabilitation organization;

(5) the rehabilitation specialist's knowingly falsifying information provided in connection with the rehabilitation specialist's application;

(6) disciplinary action against or decertification of the rehabilitation specialist by an appropriate certifying agency or professional organization;

(7) failure by the rehabilitation specialist to maintain workers' compensation insurance if the rehabilitation specialist has employees;

(8) fraudulent billing or reporting by the rehabilitation specialists;

(9) conviction of the rehabilitation specialist in a state or federal court of any offense involving moral turpitude; or

(10) declaration of the rehabilitation specialist's mental incompetency by a court of competent jurisdiction.

(c) If the administrator is considering disqualifying a rehabilitation specialist under (b)(1) - (b)(3) of this section, the administrator may meet with the rehabilitation specialist and develop a plan of corrective action.

(d) If the administrator believes that a rehabilitation specialist has engaged in unethical practices or activity, after written notification to the rehabilitation specialist, the administrator may refer the issue to the ethics committee of the Alaska Rehabilitation Association or other appropriate professional rehabilitation organization for recommendations.

(e) Before disqualifying a rehabilitation specialist, the administrator shall notify the rehabilitation specialist in writing, served either personally or by certified mail, of the proposed disqualification. A rehabilitation specialist who has been notified of proposed disqualification may, within 30 days after receipt of the notice, file a written request with the administrator for an opportunity to meet with the administrator to discuss the proposed disqualification.

(f) The administrator shall issue a written decision within 30 days after a meeting requested under (e) of this section. If no meeting is requested, the administrator shall issue a written decision within 45 days after the written notice of proposed disqualification was served under (e) of this section.

(g) The administrator's written decision under (f) of this section must

(1) require the rehabilitation specialist to change unsuitable behavior or upgrade skills according to a plan determined by the administrator;

(2) disqualify the rehabilitation specialist and explain the reasons for the action, the duration of the disqualification, and the conditions, if any, under which the rehabilitation specialist may reapply; or

(3) state that no grounds for disqualification or disciplinary action were found.

(h) The administrator's decision must be served upon the rehabilitation specialist or the rehabilitation specialist's representative, either personally or by certified mail. A copy must be sent to the employee or employer, if any, who requested that the administrator consider disqualifying the rehabilitation specialist. A disqualification decision is effective 10 days after the date of the decision unless a written request for board review is filed with the board and is served in accordance with (i) of this section within 10 days after service of the administrator's decision.

(i) A disqualified rehabilitation specialist, an employee, or an employer, may request board review of the administrator's decision. If the

(1) disqualified rehabilitation specialist requests review, the rehabilitation specialist must serve a copy on any other person whom the administrator served with a copy of the decision;

(2) employee or employer requests board review, the employee or employer must serve a copy of the review request upon the disqualified rehabilitation specialist.

(j) Upon a request under (i) of this section, the board will schedule and hold a hearing in accordance with AS 23.30.110 and 8 AAC 45.070. The board's decision is final upon filing in accordance with AS 23.30.110 .

History: Eff. 7/1/88, Register 107; am 10/28/88, Register 108

Authority: AS 23.30.005

AS 23.30.041

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