Becoming a licensed occupational therapist (OT) can take several years. However, if a party files a complaint against you, you can easily lose that license. Losing your license means losing the capability to earn a living by practicing your profession. You want to consult a lawyer immediately if accused of violating the regulations and laws governing California OTs. A skilled occupational therapy license defense attorney can help protect your legal rights and fight for your best interests.

At Kern County License Attorney, we help healthcare professionals defend their licenses, including OTs. We mount a compelling defense to accusations of unprofessional conduct and other problems. Call us now to speak to one of our lawyers about the allegations against your license.

The Role of Occupational Therapists

Occupational therapists (OT) play an essential role in the lives of individuals with injuries, illnesses, and disabilities. They use their therapeutic techniques to rehabilitate, maintain, or improve a patient's skills and general capability to do everyday activities.

Occupational therapy is different from other careers in healthcare, like nursing or physiotherapy. This profession centers on treating the whole patient instead of a specific physical disability, ailment, or injury. For example, a nurse may help a patient manage pain, change dressings, and care throughout recovery following a surgical procedure.

On the contrary, an OT will evaluate the activities crucial to the patient. They will also teach the patient how to be independent again after their surgery so they can return to doing what defines them. The key roles and responsibilities of OTs include the following:

  • Assisting patients in developing, recovering, and improving in regard to an injury or condition
  • Help patients maintain the skills necessary to perform daily activities
  • Assessing a patient's needs condition and needs
  • Developing a treatment plan to address the patient's needs and assist them in meeting specific goals
  • Evaluating a patient's work environment and home and suggesting adaptation to improve the patient's independence and fit their needs
  • Training a patient and their caregiver to utilize special equipment
  • Evaluating and documenting progress for reporting, billing, and assessment purposes

OTs treat several conditions to assist patients in developing, recovering, or maintaining their daily living and work skills necessary to lead independent and productive lives. Some of the conditions they prevalently treat are:

  • Amputations
  • ASD (autism spectrum disorder)
  • Anxiety disorders
  • Cerebral palsy
  • Burns
  • Depression
  • Dementia
  • MS (multiple sclerosis)
  • TBI (traumatic brain injury)
  • Stoke
  • Parkinson's disease

The Role of Regulatory Body for Occupational Therapists

The CBOT (California Board of Occupational Therapy) regulates California OTs and OT assistants. Its mission is to serve and protect the general public by seeing that OTs and OT assistants meet the required qualifications and comply with professional standards. Specifically, the board is in charge of:

This board is in charge of:

  • Setting standards for OTs
  • Granting licenses to qualified occupational therapists and occupational therapist assistants
  • Ensuring occupational therapists uphold ethical and professional standards to safeguard the public
  • Receiving and investigating complaints
  • Imposing disciplinary action for professional standard violations
  • Enforcing regulations for OT practice in California

The Occupational Therapy Practice Act is the primary California law governing the occupational therapy profession. This law establishes the CBOT. Per this act's provisions, this board's primary role is safeguarding the general public while discharging its licensing, disciplinary, and regulatory duties. This statute further provides the procedures to be applied in the suspension, revocation, denial, and application of licenses.

That said, you want to understand the board is not on your side when your license is at risk. It is on the side of consumers. So, if you are subject to a disciplinary process, do not expect the board to protect you. In that case, it will thoroughly probe your violation, and if you are guilty, it will not hesitate to take your license away.

Apart from the Occupational Therapy Practice Act, we have the California Code of Regulations for OTs. These regulations complement the Occupational Therapy Practice Act’s provisions.

Common Allegations Occupational Therapists Face

OTs face different kinds of allegations centering around their personal and professional lives. Examples of claims that may result in discipline include:

  • Committing insurance fraud
  • Obtaining an OT license through fraud
  • Practicing OT without a legitimate license
  • Hitting unlicensed OT assistants
  • Advertising with misleading or false statements
  • Gross negligence, negligence, or incompetence
  • Mishandling patient records or poor record-keeping
  • Treating patients when intoxicated with alcohol or drugs
  • Being found guilty of a crime substantially related to the duties of an OT
  • Disclosing confidential patient information
  • Failing to comply with infection and control standards
  • Failure to complete a board-ordered program
  • Physical, sexual, financial, or mental abuse of patients
  • Committing several minor probation violations
  • Failing to present the necessary documentation on time
  • Failure to contact a monitor as necessary
  • Unexcused in attendance at necessary meetings

The CBOT Complaints Resolution Process

The occupational therapists’ disciplinary process generally begins with a formal complaint. Various parties may file a complaint. This includes:

  • A patient or a member of their family
  • A member of the public concerned about the OT’s practice or behavior
  • A coworker
  • A supervisor
  • An insurance provider

Sometimes, a government body will inform the CBOT of a license holder's possible BPC (Business and Professions Code) violation.

Once the CBOT receives an official complaint against you, it will acknowledge receipt and open a file. It will then review the severity and nature of the accusation. After the review, the board will establish whether the allegations warrant an official investigation. If they do not, then the board will address the matter itself, possibly leading to:

An official investigation may result in the following:

  • Closure of the complaint
  • A citation or fine if it is a minor violation
  • The board will refer the matter to the D.A.’s or attorney general's office for criminal or disciplinary actions.

Should the board determine the allegations warrant an official investigation, it will refer the case to the DOI (Division of Investigations). This happens in more significant violations. The DOI then conducts a rigorous investigation. The investigation will generally involve contacting you for documentation or an interrogation/interview. If the board's investigator contacts you, avoid talking to them or signing any documents until you consult an attorney.

The Division of Investigations will create an investigation report and give it to the CBOT. The CBOT will consult an expert witness if needed before determining the proper steps. This is especially so if the investigations find the complaint has merit. The board will then decide whether to sustain or dismiss the allegations. It may refer the case to the attorney general's office if it sustains them. The attorney general will then file an official Accusation. When the case reaches this point, it will be resolved in either of two ways:

  • Through a stipulated settlement or
  • It will be subject to an administrative proceeding before an ALJ (administrative law judge)

After the administrative hearing, the administrative law judge will give their ruling. If they rule you are guilty, they will write to the board, recommending the disciplinary action it should take against you. The board has the discretion to adopt the recommendations as they are, modify or disregard them.

Types Of Disciplinary Actions By The Board

The potential disciplinary actions vary based on the seriousness of the misconduct. Some allegations carry more severe disciplinary actions than others. The board may revoke or suspend your license for major violations, such as treating patients when intoxicated. A suspension (for up to 12 months) or revocation occurs when the board believes if the licensee continues practicing, there is an immediate danger to the public, patient, or the licensee. For minor violations, there are generally less serious consequences, such as:

  • License Probation
  • Retraining
  • Fines
  • Substance abuse treatment
  • A license suspension for a short period (often thirty days)
  • A stayed suspension
  • A stayed revocation

If the board places your license on probation, you will continue to practice occupational therapy. However, there will be specific restrictions and requirements in place. Some conditions the board will require you to follow while your license is on probation are:

  • Avoid prosecutions and arrests
  • Making appearances before the board whenever required
  • Adhere to the reporting conditions of your probation
  • Informing the board whenever you change your address or contact information.
  • Informing your employer regarding your probation and the case

The board may also require you to pay the cost of investigations and cover monitoring costs during probation. Failure to make the payments may be deemed a violation of probation.

When determining what disciplinary action to impose, CBOT considers multiple factors. These include:

  • The seriousness and type of the misconduct or violation
  • The potential or actual harm to the patient or others
  • If your violation is a single case or multiple cases
  • The potential harm the patient or somebody else will likely suffer should you repeat your omissions or actions
  • Evidence of mitigation or rehab
  • Any past disciplinary record
  • Whether you cooperated with board investigations
  • Aggravating circumstances that may increase your penalty
  • Evidence of criminal activity associated with occupational therapy, how the past criminal case was, and whether you served your term successfully

How an OT License Defense Lawyer Can Assist

The stakes are high when your OT license is at risk. Your career, professional reputation, and livelihood are all at stake. However, an OT license defense lawyer can make an invaluable difference. They have a deep understanding of the regulations and laws for OTs and have experience navigating the intricate disciplinary process.

Among the essential ways a lawyer can assist is by guiding you on what to do when you realize there is an investigation or complaint against you. It is natural to be uncertain or anxious about how you will respond. However, a lawyer can assist you in understanding the matter and recommend the ideal steps. They can handle all communications with the CBOT for you, ensuring your legal rights are safeguarded from the start.

Your lawyer will also carry out an independent, thorough investigation. They will contact witnesses, collect documents, and gather evidence supporting your side of the story. This proactive approach is critical in developing a solid defense, particularly if you face severe accusations. Your lawyer will do everything possible to expose any errors or inconsistencies in the case against you. They will also compile evidence highlighting your compliance with professional standards.

Should the case progress to a hearing or investigation stage, your lawyer can represent you in every step. At the investigation stage, the lawyer may successfully convince the investigators that you did not commit a violation, and they should close the complaint. Or, the lawyer may present evidence showing that your violation was only minor, and the board should only impose a citation.

In case of a hearing, the lawyer will advocate for you and present a compelling defense challenging the accusations. If there is a chance of negotiating a stipulated settlement, your lawyer will strive to obtain the best possible outcome. This includes probation rather than revocation or suspension of your professional license.

The attorney will fight for you during a hearing if the board has declined to reach a stipulated settlement. Considering the factors the board looks at while imposing disciplinary action, they will assert a factual defense to the accusations. This may include expert witness testimony. They can also compile evidence of rehab, mitigating circumstances, and other details. This will be in an effort to persuade the CBOT that if it imposes disciplinary action, it should be lenient.

Apart from fighting to remove the risk to your professional license, the lawyer can assist you in understanding the lifelong implications of disciplinary actions and help develop a plan for compliance or rehabilitation. This may include assisting you in meeting the board's conditions, like completing added training.

Lastly, an OT license defense lawyer can support you in the most difficult moments of your work life. They will provide the reassurance, advocacy, and expertise you require to navigate the disciplinary process confidently. This will give you the best potential chance to defend your license and career.

Find a Professional License Defense Lawyer Near Me

Receiving a call or letter from the CBOT about a complaint against you can be overwhelming. When faced with this situation, your ideal move should be to consult an attorney immediately. A lawyer can assist you in achieving the most favorable resolution, be it complaint closure, a citation, a fine, or probation.

At Kern County License Attorney, we are devoted to providing quality representation to occupational therapists and other healthcare professionals. We will defend your license if it is subject to disciplinary issues by the CBOT. For a consultation and to share your case details, contact us at 805-702-8560.