It takes hard work to obtain and retain an occupational therapy license. You undergo rigorous and expensive education and training to obtain the required skills for the job. Once you finish training, you must apply for a practicing license before you can put your skills into practice. After acquiring the permit, you should work diligently to retain it, as complaints and suits from unhappy clients could threaten it. 

Even a minor misunderstanding can result in license suspension or termination, so you should take any accusation against you seriously. At San Jose License Attorney, we have defended occupational therapists and can do the same for you. We are familiar with how the licensing agency works and what they expect from you to issue or renew your license, making us suitable to defend your healthcare career.

Critical Responsibilities of Occupational Therapists

"Various physical and mental health conditions can hinder individuals from engaging in daily routines. Even those who were once strong and independent are forced to rely on others to perform the simplest tasks. As an occupational therapist or assistant, you must help these individuals regain their mental and bodily abilities to depend on themselves for daily activities.

Some of the patients you deal with were once healthy people. Still, after a mishap like a car accident, they lost their abilities. They became dependent on loved ones or caregivers to help them undertake activities that were obvious in the past. Other people find themselves in need of your therapeutic services after falling victim to atrocious crimes that leave them with life-altering injuries. Also, you will see patients who have undergone major surgical procedures that lead them to lose their natural abilities during the recovery period.

As a therapist, your role is to help these individuals, no matter the source of their impairment, to assist these patients in restoring their abilities to eat, cook, shower, and dress. By the time you are done with your patients, they should have developed new motor skills or improved on the existing ones and be capable of managing their time and money.

Similarly, you help your patients learn how to use equipment that helps simplify their lives during challenging times. Some tragic mishaps or surgical procedures completely alter patients’ lives. Occupational therapists assist patients in adapting to changes by developing new strategies and utilizing assistive devices to perform daily activities. Your role as an occupational therapist is to enable these people to transition to the new normal by equipping them with skills to use assistive devices or perform routines differently from how they did before the change.

Additionally, you should keep proper patient records, ensure they attend scheduled doctor appointments, and do follow-ups with their healthcare insurers.

You should cultivate strong bonds with your patients because you are engaged in their lives, and sometimes could be living with them and their relatives. Your roles are not straightforward. They are demanding because you deal with people when they are most vulnerable. As a result, you expose your license to complaints due to minor mistakes or unmet expectations. Making mistakes when working under pressure is possible even with proper training and skills. Unfortunately, some of your patients or their relatives could exaggerate these mistakes, leading to allegations that threaten your license. They do not consider the efforts you have put into helping them or their loved one regain their motor function, as they presume you are guilty of the accusations.

A false or exaggerated accusation against you puts your career and source of income at risk. Whether your license is terminated or suspended, you cannot practice for some time or indefinitely, meaning all the hard work you put into acquiring the license goes down the drain. Thankfully, the California Board of Occupational Therapy (CBOT), which licenses you and ensures you follow the guidelines, will allow you to defend yourself. Therefore, when you discover the accusations against you, hire an attorney who understands and appreciates your critical role in helping people recover from injuries.

 Additionally, the attorney must have experience defending licensed healthcare professionals in your field. An experienced legal representative will evaluate the case’s facts and uncover facts that will prove to the administrative law judge (ALJ) that the charges are exaggerated or false, leading to case dismissal. Besides, the attorney can present mitigating circumstances for lenient penalties that allow you to continue practicing or do not result in permanent license termination.

California Statutes Governing Occupational Therapy

The California Occupational Therapy Act is the statute that governs occupational therapists. The legislation establishes the state's Board of Occupational Therapy, abbreviated as BOT, whose mandate is to safeguard the public and consumers of occupational therapy services while issuing practicing permits to eligible applicants, formulating guidelines, and imposing disciplinary measures. The Act also outlines the procedures for license application, rejection, termination, or suspension.

Additionally, the state has regulations that complement the Act that occupational therapists must abide by. You should understand and obey these rules because a breach could lead to a complaint or accusation against you to the BOT.

Typical Complaints You Can Face as an Occupational Therapist

The typical allegations you risk as an occupational therapist or assistant are:

  • Practicing in the absence of a valid occupational therapy license
  • Acquiring a license through fraudulent means
  • Engaging in false or misleading advertising
  • Keeping faulty patient records
  • Refusal to ensure patient confidentiality
  • Hiring unlicensed occupational therapy assistants
  • Disregarding infection control standards
  • Changing physician-administered prescriptions unlawfully
  • Substance or alcohol abuse on the job
  • Unlawful dealing of prescriptions or illicit drugs
  • Sexually abusing your patients
  • Professional misconduct
  • A conviction for a misdemeanor or felony with a substantial relationship to your profession
  • Physical or mental abuse of a patient
  • Incompetence, gross negligence, or ordinary negligence when performing your roles

When BOT receives any of these complaints against you, their first step is to evaluate the details to establish if it is worth pursuing. Only cases that can be substantiated are investigated. If the allegations are severe and can be substantiated, the licensing agency will assign them to investigators. The investigators will notify you to appear before them to answer questions regarding your allegations. When you receive the notice, your first call should be to an experienced license lawyer to guide you on how to respond or answer questions from the investigators so that you do not divulge incriminating details.

Depending on your accusations, you can determine the possible disciplinary measures on the BOT’s website. The agency highlights the punishment for each violation or complaint. The ALJ relies on these guidelines to recommend to the CBOT the appropriate disciplinary measures an occupational therapist or therapy assistant should face depending on the nature of their accusations. The board then decides whether to adopt or reject the ALJ’s recommendation. Besides the board, you can face criminal penalties for your violation.

Violations vary from minor to severe ones. The disciplinary action BOT takes hinges on the extent and gravity of your complaint. For instance, when you face allegations of drug or substance use while on the job, the CBOT can seek a court order to place your license under interim suspension pending investigations and case determination. A minor offense like threatening physical harm to your patient can also compel BOT to take immediate disciplinary action by temporarily withdrawing your permit until the case is resolved.

Administrative Proceedings

Many complaints against occupational therapists or assistants do not reach the administrative hearing. Usually, BOT will warn you against engaging in further violations in the future if a complaint against you cannot be substantiated and is not worth looking into. However, when the complaint against you has merit, the board will investigate further and gather the evidence they need to lodge a formal complaint.

In a formal complaint, you will be notified of the allegations and expected to file an answer. You need an attorney in these early stages of the case because they can negotiate with the board’s attorney for a concession to avoid the administrative hearing.

Nevertheless, when the accusations against you are severe and backed by solid evidence, your file will go before an ALJ for the administrative proceeding. In the hearing, you will be represented by your license defense attorney, while the deputy attorney general represents the board. Both attorneys can argue and submit evidence for or against the accusations. After the court hears the proof against you, your attorney will submit exonerative and mitigating factors and poke holes in the opposing side’s assertions. Your attorney will cross-question witnesses and even call experts to testify in your favor.

Your presence in the administrative proceeding is not required, but your attorney could encourage you to attend if it strengthens your case. If your testimony enhances the attorney’s argument, they will ask you to show up and train you to answer questions during cross-examination. Do not assume, because the hearing does not happen in a standard courtroom, that the accusations are not serious and that you can represent yourself. Your career is on the line, and representing yourself is not an option unless you are familiar with these proceedings. Also, you are prone to make mistakes during self-representation, leading to unfavorable outcomes when your chances for an accusation dismissal, penalty reduction, or probation would have been high with legal representation.

An experienced legal representative is critical in the administrative proceeding. A lawyer will guide you to ensure you do not provide self-incriminating information. Also, they understand the various phases in the administrative hearing and will know when to negotiate for a penalty reduction, probation, or case dismissal. Your odds of a fair outcome are improved when a competent attorney is in your corner.

Factors the ALJ Considers to Issue a Ruling

The ALJ will keenly review the evidence and testimony presented by the opposing sides to issue recommendations. Apart from the disciplinary guidelines provided by BOT, other factors unique to your case that the judge considers before issuing a ruling are:

  • Proof of rehabilitation
  • The number of allegations or violations against you
  • The gravity and nature of the accusation
  • Whether the patient or another party sustained injuries because of your conduct or inaction
  • If professional misconduct was the direct cause of the injuries
  • Whether you were cooperative with investigators
  • The kind of injury the patient will likely suffer now or in the future because of your conduct or inaction.
  • Whether you have a prior criminal guilty verdict that substantially relates to your profession
  • Whether you have previously faced any disciplinary action from the board in the past
  • Factors in aggravation or mitigation of the case

BOT handles complaints differently, depending on the case’s unique facts. The approach they will apply in a drug or alcohol abuse case is different from that of a patient’s safety concern. When the allegations against you are for alcohol or controlled substance abuse on the job, they will instruct that you undergo a medical diagnostic or clinical evaluation conducted by a board-appointed healthcare professional to substantiate the accusation and establish if you have an addiction. The healthcare expert conducting the tests will then make recommendations like rehabilitation, treatment, or temporary suspension of practice. If you test positive for substance addiction, the BOT will obtain orders from the court to halt your practice through an interim suspension.

Temporary suspension can be devastating because you do not know the duration of the investigations and case conclusion. Luckily, you can challenge the suspension and have the agency reinstate your permit after you complete rehabilitation.

Also, your attorney can request probation instead of a license termination or suspension. A suspension or revocation prevents you from practicing. However, when your attorney convinces the agency to impose probation, you can continue practicing, but under strict terms like:

  • Steering clear of arrests or crime during the probationary term
  • Adhering to the reporting terms for the probation
  • Appearing before the agency in person when requested
  • Informing the board whenever you change personal information or address
  • Informing your employer of the case and ongoing probation
  • Enrolling and completing the relevant courses

Furthermore, BOT could require you to foot all the costs of the case’s investigations and probation monitoring. Disregarding these conditions is a probation violation.

Find a Competent Occupational Therapy License Defense Attorney Near Me

Despite the hard work you put into helping your patients regain their body and mental functions to undertake daily activities, you risk false or exaggerated accusations from these patients, their loved ones, or your colleagues, threatening your license and livelihood. With your occupational therapy in jeopardy, you need the help of a license attorney to defend you against the accusations. At San Jose License Attorney, we appreciate your profession and will work tirelessly to protect it. Call us at 408-850-3740 for legal advice, guidance, and representation in the administrative proceeding.