A lot of effort and planning goes into obtaining your occupational therapist professional license, and you should not lose your livelihood due to an accusation of misconduct. Even if you have violated the code of ethics or law, the skilled legal team at San Bernardino License Attorney can negotiate a practical resolution with your licensing board, and if that is impossible, fight for your rights before the administrative law judge.

Understanding the Job of an Occupational Therapist

Occupational therapy is the therapeutic use of purposeful and meaningful goal-oriented activities with clients. You offer occupational therapy services for habilitation, rehabilitation, and promoting health and wellness for clients with disability and non-disability-associated needs or at risk of contracting health conditions that limit physical activity. Occupational therapy services consist of therapy evaluation, consultation, education, and treatment.

Occupational therapy addresses cognitive, sensory-perception, physical, psychological, and other performance-affecting conditions. Occupational therapy is focused on developing, improving, and restoring normal function for an increased quality of life.

As a qualified occupational therapist, you should have different skills and qualifications that enable you to perform your duties, including:

  • Knowledge of the human body’s mechanics for lifting, moving or transferring patients.

  • Ability to develop and provide treatment plans.

  • Practical organizational skills and capacity to multitask.

  • Good interpersonal and communication skills, oral and written.

  • Robust critical thinking and problem-solving skills.

  • The capacity to work independently or as a member of a team.

  • A firm determination to improve and work on professional development.

About the California Board of Occupational Therapy

The California Board of Occupational Therapy was established in 2000 by the Occupational Therapy Practice Act. Per this Act, the board's primary function is safeguarding consumers while discharging its regulatory, licensing, and disciplinary obligations. For an occupational therapist to practice in California, they must acquire a professional license from the board. The board has two main objectives:

  • To grant licenses to occupational therapists and certify occupational therapy assistants.

  • To investigate all complaints that allege wrongdoing by a licensed occupational therapist or certificate holders.

After applying for a practice license, you should abide by specific statutes and rules. You must have relevant qualifications and pass specialized exams.

The board can punish you if you are found guilty of violating the practicing regulations. Any form of the board’s punishment becomes a public record visible to the general public on the board’s website.

The board can investigate an occupational therapist for:

  • Fiscal fraud or theft.

  • Sexual contact with a client.

  • A conviction for an offense involving lewd behavior.

  • Gross negligence.

  • Failure to keep proper practicing documentation.

  • Assault or acts of violence against patients.

  • Unprofessional conduct.

  • Failure to complete the board’s continuing education requirements.

  • Violation of mandatory occupational therapy regulations.

  • Continue education fraud.

  • Failure to cooperate with the board while under investigation.

Some breaches are less severe, while others are serious, attracting severe disciplinary action against a licensed occupational therapist. For instance, attending to a patient under the influence of alcohol or drugs can result in an immediate license dismissal. The board will halt your practice until the completion of its investigations into your conduct. It is called an interim suspension order (ISO)

The licensing board has different disciplinary actions that punish licensed occupational therapists who violate their professional code of conduct. The most severe disciplinary action an occupational therapist can face is revocation of their license, stopping their work indefinitely. In serious violations, your highly skilled lawyer will negotiate for less severe penalties, allowing you to continue practicing occupational therapy.

The Complaint Resolution Procedure

The licensing board’s disciplinary process involves the following:

Evaluation of the Alleged Complaint

Upon receiving a complaint of an alleged violation, the board reviews the matter to ensure the issue is within its jurisdiction.

Investigating the Complaint

If the allegation is within the board’s mandate, the board investigates the complaint. The investigation involves collecting documentation about the reported violation, witness interviews, and site visits.

A Decision

The licensing board’s decision involves whether to bring charges against you and, if so, what the charges will be.

The board will send you a formal accusation, which you should respond to within 15 days. Please ensure you remain calm and collected after learning of the accusation. That way, you can reason and make wise decisions. Do not contact the complainant or discuss the case; this will worsen the matter.

In most cases, there is a settlement conference following the issuance of the board’s charges, where you, the licensee, can accept a proposed punishment and avoid formal hearings.

Administrative Hearings For Occupational Therapists

Your case will proceed to an administrative hearing if you and your licensing agency cannot reach a settlement resolution. All involved parties submit testimonials and documentary proof supporting their arguments at the hearing.

All parties should persuade the administrative law judge (ALJ) on each contested factual matter. Generally, the licensing agency presents its charge with your lawyer cross-examining the board’s witnesses. Your lawyer also presents defense arguments with the prosecuting attorney cross-examining your witnesses. When the parties are done presenting their arguments, the ALJ considers the evidence made available.

Factors that influence an ALJ’s decision against a licensee include the following:

  • Prior disciplinary measures by the occupational therapy board.

  • The type and severity of the alleged violation.

  • Proof of criminal activities impacting your occupational therapy practice, the facts of any prior case, and whether you completed your sentence successfully.

  • Potential injury to a patient or another individual.

  • Evidence of previous treatment and rehabilitation.

  • Is your violation a single charge or multiple charges?

  • Were you cooperative during the licensing board’s investigations?

  • Aggravating evidence that can increase the punishment.

  • Was there an admission of wrongdoing?

  • Mitigating circumstances that can lessen the punishment.

Post-Hearing Hearing Proceedings

After the conclusion of the administrative hearing, the ALJ issues a proposed verdict to the board. The ALJ has 30 days to make the decision.

The licensing board has 100 days to either:

  • Adopt the ALJ’s decision.

  • Reject the ALJ’s decision.

  • Automatically allow the proposed decision to become the final decision after 100 days.

Your attorney could request the board to reconsider the decision before it becomes final.

Reevaluation helps the license defense lawyer identify the following:

  • Factual errors or inconsistencies in the ALJ’s decision.

  • Present new mitigating proof or arguments.

If the board approves your petition to reconsider the decision, it could request oral and written submissions before making a decision, affirming or altering the prior decision.

You can appeal the ALJ’s decision to the Superior Court of California upon the board's decision becoming final. If the Superior Court of California grants your petition, the court will ask for administrative records and legal submissions from you and the board. A successful appeal can result in the Superior Court of California transferring the matter to your licensing agency with precise instructions.

How a License Defense Attorney Can Assist You

A brilliant, proven attorney can help your case by:

Engaging in Comprehensive Investigations and Developing a Strong Case Defense Strategy

Once you retain an attorney, they will immediately investigate the precise details and grounds for the allegations against your occupational therapist license. An experienced lawyer has practical skills for collecting all applicable documentation, testimonies, and additional mitigating evidence to develop a strong case defense.

With an extensive knowledge of the accusations, your attorney will scrutinize the matter from all angles to find potential procedural flaws. Your attorney will also evaluate statutes, rules, and legal precedents to craft the most robust defense strategy. The approach can involve fighting the accusations you are facing, pointing to insufficient evidence, highlighting procedural issues, or submitting affirmative facts to weaken the merits of the board's case against you.

Working to Keep Your Professional License Awaiting the Outcome of the Investigations

Your attorney’s profound knowledge of California’s professional license disciplinary processes and system enables them to bring accurate petitions, motions, and requests to delay or prevent the summary suspension of your occupational therapist license, pending the outcome of the investigations. They can assist you in buying precious time to continue earning using your current professional license.

These moves allow you to have financial stability while enabling you to strengthen your case’s defense strategy. Do not lose your source of income before your case goes before the board. Instead, allow your attorney to handle every legal process.

Offering Aggressive Advocacy

Following the formulation of a formidable defense, your lawyer will represent you at each stage of the board’s disciplinary process. They will work tirelessly in negotiations with the licensing board to reach a favorable outcome without hurting your professional reputation or livelihood.

In some circumstances, your legal representative can negotiate a settlement that helps you continue practicing under temporary probation or limited terms while safeguarding your vital licensing status. If the board is more likely to impose a license suspension or revocation, your lawyer will focus on securing the shortest disciplinary sanction term.

Getting a License Reinstatement

Suppose the California Board of Occupational Therapy revokes your occupational therapist license. In that case, your attorney will initiate a reinstatement process to prove that you have completely fulfilled the board’s imposed conditions.

The legal expert will guide you on how to ensure adherence to the following board’s terms and conditions:

  • Therapy.

  • Supervised probation.

  • Counselling.

  • Community service.

  • Remedial education.

After meeting your reinstatement conditions, your attorney will leverage their legal expertise to organize the relevant documentation and aggressively advocate for the reinstatement. Their deep understanding of the legal systems enables them to persuade the licensing board that restoration of your professional license is appropriate and warranted.

Tips on Protecting Your Occupational Therapist License

You can protect your license through the following actions:

Fulfilling License Renewal Requirements

Failure to renew your professional license on time can risk your career; reinstating your license later can be costly and arduous. You must familiarize yourself with the measures that can help keep your license active.

Renewal requirements include:

  • Completing and submitting your professional license renewal forms to the California Board of Occupational Therapy promptly.

  • Paying the relevant fees.

  • Completing the board’s mandated continuing education or competency hours. The board can request you to present evidence of the same when applying for a license renewal or ask for it later.

Other requirements may include completing a criminal background search, an ethics course, or exams on occupational therapy laws and rules.

Maintaining your occupational therapy license is crucial to keeping your professional liability coverage and ability to bill insurance. Furthermore, if your board discovers you are practicing on an expired license, you might face charges or a fine.

Maintain Proper Documentation

You must maintain documentation that attests to your professionalism, including patient care assessments, observations, communications with other professional personnel, letters of recommendation, performance evaluations, and volunteer work badges.

Adhere to Your Employer’s Policies and Procedures

Follow your employer's professional occupational therapy guidelines, including the standard of care.

Understand Rules and Regulations Affecting Your Profession

You should stay abreast of changes to rules and regulations related to healthcare. The government and your licensing board can implement new rules and policies anytime.

One way to stay updated on the changes is by attending seminars and continuing education. You can also research the licensing standards relevant to occupational therapy.

Be Cautious of Social Media

While social media is ideal for networking, it has potential risks. Avoid posting your patients’ identifying information; it could increase their chances of being fraud and identity theft victims.

Also, do not post derogatory opinions or comments about healthcare institutions, licensing agencies, or colleagues on your social media platform(s). It could result in a complaint and disciplinary action against you and your professional license.

Find Aggressive Legal Assistance Near Me

You cannot afford any disciplinary measures against your professional license that will put your employment and ability to practice medicine as an occupational therapist at risk. Consequently, you should act promptly at the initial indication of threats to your licensure. You should take the matter seriously regardless of whether you believe the complaint has no merit or the California Board of Occupational Therapy investigators claim the matter is not serious.

At San Bernardino License Attorney, we understand your challenges and potential liability and are devoted to championing your reputation and rights. We can integrate dedication and personal service to collect and analyze evidence, write compelling responses to the board, negotiate on your behalf, and represent you at interviews and hearings. Please contact us at 909-966-4095 to schedule your case review and receive sound and formidable legal representation.