Obtaining a professional license to work as an occupational therapist requires years of training and hard work, passing examinations, and meeting requirements regarding your professional competence and personal character. Maintaining the license after obtaining it requires continuous education and commitment to your profession. With the time, money, and dedication you have invested in your practice, losing the license due to a conviction or a misconduct allegation can be overwhelming. Santa Cruz License Attorney can guide you through every stage of the complicated disciplinary process and work with you to protect your livelihood and career.
What Does an Occupational Therapist Do?
For most occupational therapists, the practice is an opportunity to make a significant difference in their patients’ lives. Popular for its compassionate approach, the practice integrates empathy and science.
As a profession, you use therapeutic methods to rehabilitate, maintain, or improve your patients’ motor skills and abilities to perform their daily tasks.
The difference between occupational therapy and other healthcare professions is that the former focuses on treating the whole patient instead of a specific ailment, physical disability, or injury. For instance, after a surgical procedure, you can review vital activities for your patient and teach them how to become independent again and resume the roles they previously performed.
In this context, the term “occupation” means the activities your patient performs daily. It can be the goals, tasks, and roles that define them.
You can work in a hospital, an educational facility to support child development, a nursing home, or a rehabilitation center to assist patients with mental health conditions in regaining their independence.
Depending on where you work, your responsibilities can be as follows:
- Evaluating your patients’ diseases and needs
- Developing a treatment plan to address your patients’ needs and assist them in meeting their specific goals
- Evaluating your patients’ work environment or home and recommending adaptations to suit their needs
- Training your patients and caregivers on how to use special equipment
Some of the health conditions you can treat include cerebral palsy, depression, dementia, amputations, traumatic brain injury, stroke, Parkinson’s disease, and multiple sclerosis.
California Board of Occupational Therapy
The Board of Occupational Therapy was established in 2000 after the passage of the Occupational Therapy Practice Act. The Act requires you to be certified as an occupational therapist before you can start practicing legally.
The primary duties of the licensing board are as follows:
- Certifying and licensing occupational therapists
- Investigating misconduct allegations by licensed occupational therapists and imposing disciplinary action
You might be excited about applying for your professional license because it is the final step before you can begin practicing. The license application process should be simple, especially if you do not have a previous criminal conviction or any other issue that can prevent you from obtaining the license. Hiring a lawyer can increase your chances of the board granting your application. The lawyer can compete and file the relevant paperwork for you.
After submitting the license application and the CBOT rejects it, the denial is called a statement of issues. A license defense attorney can negotiate with the CBOT to ensure you acquire the license. Additionally, the lawyer can bargain for suitable terms if you are placed on probation.
The Disciplinary Process
The disciplinary process starts when any of the following files a complaint with your licensing board:
- Your colleague
- Insurance provider
- Employer
- Patient
- Your patient’s loved one
A government authority could also inform the board of your Business Code violation.
If your violation is severe, the board might take an immediate but temporary action against you, known as an interim suspension. The board issues it if it believes you pose a public risk. Additionally, the board can impose it if your occupational therapy license has been suspended or revoked in another state.
After receiving the complaint against you, the BOT will open your file. It will also analyze the severity and nature of your allegation to determine whether it should proceed with the investigation. The investigation could result in citations for technical violations, closure letters, or referral to the Attorney General’s (AG office or the District Attorney for criminal or disciplinary actions.
The board could refer the case to investigators once it determines that an investigation is warranted. The investigators will contact you requesting an interview or documentation. The interview with the board is an opportunity to address the allegations against you. When preparing for the interview, your attorney will request the board for a thorough summary of the complaint. The lawyer will also contact the investigators to understand the scope of the investigation. Other steps the attorney can take to prepare you for the interview or investigation include the following:
- Requesting an expert analysis of your records
- Collaborating with expert witnesses
- Requesting your mitigation records
- Analyzing relevant and recent case laws
Compliance with the investigation process can include the following:
- Offering books, documents, or records that you have maintained or prepared during your OT practice
- Showing up for investigative hearings
- Offering a statement under oath as to the circumstances and facts of the allegations
- Undergoing a skills assessment to determine your capability to practice and work safely and reasonably
- Surrendering proof
Your defense attorney should advise you on what you should provide or disclose to the investigators, and everything you submit should go with the lawyer. It ensures your rights are safeguarded throughout the disciplinary process. Although the investigator might seem friendly, the responsibility is protecting the public, not you. Only your lawyer has your best interests at heart.
The investigators will prepare a report, and if the board sustains your allegations, it will refer the case to the AG, who will file an accusation. The accusation outlines your violations and serves as the basis for your disciplinary action.
Once you receive the accusation, you should take it seriously. Its outcome might depend on the steps you take. You should file a notice of defense within fifteen days from the date of proof of service. That way, you acknowledge the receipt of the formal accusation and express your intent to fight the allegations against you. Failing to respond on time can waive your right to an administrative hearing, and the board can act on the complaint without holding a hearing.
Your defense lawyer can contact the board to negotiate a stipulated settlement. It is the most practical option, especially when you are more likely to face severe disciplinary action. If they cannot reach an agreement, the case proceeds to an administrative hearing presided over by an administrative law judge (ALJ).
The disciplinary action the BOT imposes depends on whether you committed a minor or major violation. Common minor violations are as follows:
- Failing to call a monitor when required
- Failure to submit relevant documentation on time
- Failing to attend essential meetings
- Any other offense that does not pose a risk to the public or yourself
Here are the major violations:
- Violating a drug or alcohol offense, such as driving while intoxicated
- Insurance fraud
- Retaining an unlicensed assistant to perform responsibilities that require a professional license
- Obtaining your OT license through fraud
- Unlawfully changing a doctor-ordered prescription
- Failing to complete your licensing board-ordered program(s)
When deciding the disciplinary measure to impose against you, the board will consider the factors below:
- Mitigating factors and rehabilitation evidence
- The potential or actual harm your conduct caused
- Whether you have a prior disciplinary record
- Whether you admit to making an error, and whether there is a possibility of repeating it
- Whether your criminal history is associated with your responsibility as an OT, and the time that has elapsed since you engaged in criminal activity
- The severity and nature of your violation
Potential Disciplinary Actions
The main disciplinary measures the board can impose include probation, revocation, suspension, and public reprimand.
Typically, the board issues a public reprimand for minor violations. While it is a public record that can be accessible to anyone who performs a background check on you, it will not prevent you from practicing occupational therapy.
When the board places you on probation, you can continue practicing, but your professional license will be subject to certain restrictions for a specified duration. After fulfilling the required probation conditions, the board will release you from probation and allow you to practice without limitations.
Your probation conditions will depend on your violation. For instance, if your case involved alcohol and substance abuse, the board might require you to undergo rehabilitation.
A professional license suspension will prevent you from practicing for a given duration. If you committed a serious crime, the BOT may justify a longer suspension period. Practicing with a suspended professional license can result in revocation.
Revocation is the most severe penalty reserved for the most serious violations. The disciplinary action prevents you from practicing occupational therapy. After some time, you can petition the board for license reinstatement.
Regardless of the disciplinary action the board imposes, it can significantly affect your life. Examples of the hardships you are likely to face are as follows:
- Experiencing challenges in finding other employment
- Damaged professional license
- Lost income without employment benefits
Appealing Your Administrative Hearing Outcome
After the BOT imposes the disciplinary measure, you can accept the case outcome and work towards the reinstatement of your privileges and rights to practice OT. If you think the licensing agency made a mistake, you can appeal its decision through a writ of mandate. It is the only judicial review method after the board’s decision is final.
The Superior Court is not a substitute for your licensing board. Instead, it will analyze whether
- Your licensing agency acted within its authority
- You received a fair administrative hearing
- The BOT complied with proper procedures
- Evidence supported the BOT’s decision
The disciplinary action imposed is neither excessive nor an abuse of the court’s discretion.
Typically, the court will exercise independent judgment on review, presuming the accuracy of the board’s findings. When deciding, the Superior Court will analyze administrative records, including exhibits, motions, transcripts, and the BOT’s decision. It will also review whether the BOT violated its discretion in initiating the disciplinary process or imposing the disciplinary measure.
The Superior Court will not accept new evidence unless it believes that the board improperly excluded evidence during your administrative hearing, or you could not produce relevant proof with practical diligence.
You should appeal your case outcome within the deadline. Otherwise, you risk losing the entitlement to judicial analysis.
Since filing an appeal is complicated, you should retain a seasoned and dedicated attorney who can help you understand your options and rights.
Reinstating Your Professional License
If the CBOT revoked your professional license, you bring a petition for reinstatement after a given duration of time has passed. Reinstatement depends on demonstrating exemplary conduct during your probation and participating in suitable rehabilitation as defined by your licensing board.
The key is rehabilitation. Irrespective of when the qualification window opens to submit your reinstatement petition, you should start taking appropriate steps to achieve and document your personal and professional growth, enhance your professional knowledge, and rehabilitate immediately.
Please be aware that you bear the responsibility of providing evidence in this case. That is why it is essential to hire a seasoned professional license defense attorney. The attorney is experienced in determining the most effective evidence to reinstate the license and develop the most persuasive case based on your disciplinary history. They will draft a report that outlines your progress in addressing issues during your rehabilitation and assuring the board that you do not pose a threat to the public.
Contact Committed Legal Assistance Near Me
When your occupational therapy license is at stake, so is your livelihood. A complaint against you can result in disciplinary proceedings and action. At Santa Cruz License Attorney, we can aggressively fight and represent you during your administrative hearing, appeal proceeding, and board investigation. We can thoroughly gather and review evidence, leaving no stone unturned, to develop a tenacious, strategic defense tailored to protect your career, profession, and finances. We recognize that you did not spend money and time on training to lose your professional license over an allegation of misconduct or conviction, and we can act proactively. Please call us at 831-770-6474 to schedule your no-obligation consultation.
