It can take you several years to become a licensed occupational therapist. Unfortunately, you can easily lose your license if a party files a complaint against you. A license suspension or revocation means losing your ability to earn a living by practicing your career. You should hire a reputable license attorney immediately if you are accused of violating the laws and regulations governing occupational therapy. A good license attorney can guide and help fight for your interests and protect your legal rights.
At San Francisco License Attorney, we fight for the licenses of all professionals, including occupational therapists. We can develop a compelling defense against your case.
Occupational Therapists’ Duties
Occupational therapists play a crucial role in the lives of patients with disabilities, illnesses, and injuries. They use their knowledge to rehabilitate, improve, and maintain patients’ skills and general capability to perform everyday activities.
Unlike nursing or physiotherapy, occupational therapy is different. These professionals focus on treating the whole person instead of a specific injury, ailment, or physical disability. A nurse can help a patient manage pain and offer care during recovery after a surgical procedure. Occupational therapists will assess the activities that are vital to the patient. Occupational therapists teach patients how to be independent again following a surgical procedure, enabling the patient to resume doing what defines them. The crucial duties of occupational therapists include:
- Documenting and assessing progress for reporting, assessment, and billing purposes
- Training a patient and their caregiver to utilize special equipment
- Assessing a patient’s work environment and home, and suggesting adaptation to enhance the patient’s independence and fit their needs
- Creating a treatment plan to help patients meet specific goals and address their needs
- Evaluating the patient’s needs and condition
- Helping patients maintain the required skills to perform daily activities, and
- Helping patients in healing, developing, and improving their condition or injury
Occupational therapists treat various conditions to help patients in recovering, developing, or maintaining daily living and work skills required to lead productive and independent lives. The following are the common conditions they treat:
- Parkinson’s disease
- Stroke
- Traumatic brain injury
- Multiple sclerosis
- Dementia
- Depression
- Burns
- Cerebral palsy
- Anxiety disorders
- Autism spectrum disorder, and
- Amputations
The Duties Of The California Board Of Occupational Therapy (CBOT)
The CBOT governs California occupational therapists and their assistants. Its work is to serve and safeguard the interests of the public by ensuring that these professionals meet the required qualifications. CBOT also ensures that occupational therapists observe professional standards. The board specifically deals with the following:
- Enforcing regulations for occupational therapy practice
- Imposing penalties for professional standard violations
- Receiving and investigating allegations
- Ensuring occupational therapists observe ethical and professional standards to protect the public
- Issuing licenses to eligible occupational therapists and their assistants
- Setting standards for occupational therapists
- Adapting to emerging healthcare needs by updating standards and policies to address new challenges
- Collaborating with other agencies by working with healthcare organizations, professional associations, and government agencies
- Educating the professionals and public by explaining patient rights, raising awareness about occupational therapy, publishing regulatory updates, and conducting workshops and seminars
- Maintaining professional records related to occupational therapy professionals. The records include disciplinary history, licensing status, renewal information, continuing education compliance, and complaints and investigations.
Statutes Governing California’s Occupational Therapy
The Occupational Therapy Practice Act is the main legislation governing the practice of occupational therapy. This law defines the Occupational Therapy Board of California. The principal function of the board, according to the provisions of this law, is to safeguard the public while discharging its licensing, regulatory, and disciplinary roles. This act also outlines the procedure to be used in suspension, revocation, application, and denial of licenses. There is also a Code of Regulations for occupational therapy professionals, apart from the Occupational Therapy Practice Act. These regulations support the provisions of the act.
Common Violations Committed By Licensed Occupational Therapists
The common offenses committed by licensed occupational therapists are often associated with the standards and regulations set by the board or violations of California criminal law. You can be reported to the board for the following acts:
Sexual Misconduct
The board expects the professionals’ relationship with patients to be strictly professional. It is a serious crime that can cost you your license if you are guilty of engaging in a sexual relationship with a patient.
Criminal Convictions
Your occupational therapy license will be under investigation if you are arrested and charged with a criminal offense. The crimes that can attract severe licensing disciplinary measures include:
- Possession of a controlled substance under HSC 11350
- Child abuse under Penal Code 273
- Robbery under Penal Code 211, and
- DUI under VC 23152
Substance Addiction
The decision to use alcohol or drugs is personal, but being addicted to these substances can lead to the loss of your license. This can happen, particularly in cases where attending to patients while intoxicated or your substance abuse affects your ability to provide effective services.
Insurance Fraud
In some situations, the duty of an occupational therapist can include billing patients for the services offered. Attempting to commit or committing health insurance fraud can land you in trouble with the board.
Incompetence
An occupational therapist who regularly engages in acts such as misdiagnosis, overprescription, and failure to care for patients properly risks losing their professional license.
Substance Abuse And Addiction Among Occupational Therapists
Occupational therapists have higher rates of addiction than almost any other occupation because of the stress related to the work and the access to potent narcotics for treating different conditions. The board takes cases in which its constituent occupational therapists are addicted to alcohol or drugs very seriously. It does so because occupational therapists are more likely to harm patients if they are constantly inebriated. These professionals can also injure patients if their judgment is significantly impaired because of their substance abuse.
A standard protocol has been developed to address these cases, also known as a system of ‘uniform standards’. In this protocol, a diagnostic assessment is performed by a professional clinician. This is done to ascertain if you are addicted to alcohol or drugs. The cessation of your services will be mandatory during this assessment. You will also be ordered to undergo two or more random drug tests every week while you wait for the outcome of this clinical assessment.
Additionally, drug abuse is the only violation that has minimum standards and metrics, which are explicitly specified by the board. For example, randomized drug testing should meet the following requirements:
- A minimum of 52-104 randomized tests per year for year one of probation
- A minimum of 36-104 randomized tests per year for year two of probation
If the findings establish that you are addicted to alcohol or drugs, the probation officer will decide whether you need to:
- Attend group meetings, such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA)
- Be monitored by investigators while offering your services during probation
- Undergo treatment, or
- Adhere to any other terms that can be imposed throughout the course of the probation.
The board can allow you to continue offering your services if you successfully go through the initial assessment. However, you can have various probationary conditions imposed if you fail the initial assessment.
Catering For The Cost Of Investigation And Disciplinary Action
If you have faced disciplinary action, the board can order you to cover the costs for the entire process. This includes any and all expenses related to the investigation and the monitoring that will be imposed during probation. This is often the policy to recover the expenses related to the punishment in order to keep the costs of licenses and other services at a more manageable level.
It is important to hire an attorney if you are facing financial hardship and are unable to pay these official costs. An attorney can help you negotiate a suitable outcome for your case. This is often a payment plan that lasts no more than one year. However, the board and the judge can only approve this plan if you adhere to all the stipulations of your probation. It will be an offense for you to miss a payment during the probationary period. You should work closely with your attorney to develop a payment plan that is feasible given your financial situation and income level.
Occupational Therapy License Defense
You should not lose hope when faced with formal allegations of violating the board’s regulations. The law allows you to defend yourself against the accusations during the administrative hearing. Your license defense attorney will have the chance to contest the findings of the investigations during the hearing. You can also present a request for discovery, documents, and a subpoena to have the witnesses appear in court.
Sometimes, the board investigators can tell that you do not require legal representation to fight for your license. This is false because the board is mandated to protect the public and advocate for their safety and health. Your license defense attorney is the only person who will protect your rights and interests. It is not good to take on license defense cases solely. Failing to understand the court’s procedures or making a minor mistake can cost you your license.
By consulting a reputable license attorney, you can be guaranteed a positive outcome. Your attorney will present the required and compelling assertion to the judge so that if there is any punishment the board has imposed on you, it can be reduced.
Avoid discussing your case with the board or investigators before consulting your attorney. Contact your license attorney immediately after the notice to discuss your case. With the help of an attorney, you can develop various defenses to protect your livelihood and years of hard work and sacrifice. Retain legal representation throughout the administrative hearing to protect your rights.
Occupational Therapy License Reinstatement In California
A suspension of your occupational therapy license by the board does not mean the end of your profession. You can have your license reinstated even if you will not be allowed to offer your services during the suspension period. Reinstating your license often takes the following steps:
Meet The Eligibility Criteria
You must meet the following requirements before you file a petition to reinstate your occupational therapy license:
- You should not be serving a jail term for a criminal act. The law does not allow you to petition the board to reinstate your license if you are serving a jail term or are on probation for a criminal offense.
- You have completed your suspension. The board can suspend your license for a period that does not exceed five years, depending on the severity and nature of your offense. You will qualify for a license reinstatement if your suspension period lapses.
File A Petition
You can file a reinstatement petition with the board once you meet the eligibility criteria. This can be done by downloading the petition forms from the board’s website, filling them out, and sending them to the board. You can make your petition stronger by providing evidence of rehabilitation and continued education. Additionally, you can present character testimony letters to your intuition.
Showing Up For Reinstatement Hearing
The board will set a license reinstatement hearing if your attorney convinces the board to reinstate your license. The hearing aims to prove to the board that you have undergone rehabilitation for the behavior that caused license suspension. Unlike a disciplinary hearing, a license reinstatement hearing is often less formal. Apart from proving that you have undergone rehabilitation, the judge can demand an explanation of how you earned a living during the suspension period.
The Decision Of The Board
You can wait for the board to make its ruling on your license reinstatement after giving your testimony at the reinstatement hearing. This is done within 45 days of the hearing. You will be allowed to continue offering your services if your petition is granted.
Find a Dependable San Francisco License Defense Attorney Near Me
If your occupational therapy license is at risk, you should act fast and seek the services of an experienced attorney to help you create a defense against your charges. At the San Francisco License Attorney, we represent professionals from different backgrounds whose professional licenses are at risk. We have worked with many professionals and helped them obtain favorable outcomes for their cases. We can do the same for you. Contact us today at 415-707-6383 to talk to one of our attorneys.
