Occupational therapists (OTs) play a vital role in healthcare. They help individuals achieve independence and improve their ability to perform daily activities. Becoming an occupational therapist requires hard work, dedication, and financial investment. Before obtaining your license to practice as an occupational therapist in California, you must complete your education and pass the licensing examination.

The California Board of Occupational Therapy (CBOT) issues practice licenses to qualified professionals. Additionally, it regulates the practice of occupational therapists in the state. Your license is your ticket to practice in the occupational therapy field. Unfortunately, you could lose it in a suspension or revocation by the board.

The CBOT imposes disciplinary action on professionals who violate ethical and practice standards. If you face an investigation by the board, you must aggressively fight to keep your license. At San Francisco License Attorney, we offer expert legal insight for our clients battling professional license discipline in San Francisco, CA.

Role of Occupational Therapists in Healthcare

The responsibilities of occupational therapists include:

  • Rehabilitation support. OTs assist patients recovering from injuries to regain physical and cognitive functions.
  • Chronic condition management. Occupational therapists help individuals manage long-term conditions like arthritis, multiple sclerosis, and diabetes. The OTS makes personalized routines and adaptive strategies for each patient.
  • Pediatric therapy. OTs support children with developmental delays, autism, or sensory processing issues. Occupational therapy enhances fine motor skills, social interaction, and academic performance.
  • Mental health services. OTs provide therapeutic interventions for individuals with anxiety and depression. These interventions aim at improving coping skills, self-care, and community participation.
  • Elderly care. OTs work with older adults to maintain independence, reduce fall risks, and adapt to age-related changes.
  • Assistive technology. OTs assess and recommend tools to enhance functional independence.
  • Workplace rehabilitation. OTs support injured workers by creating return-to-work programs for them.
  • Home environment modifications. Occupational therapists advise patients on changes that enhance safety and accessibility. They include home modifications and equipment installations.
  • Health promotion and prevention. OTs develop wellness programs aimed at promoting healthy lifestyles and preventing injuries.
  • Client advocacy and education. Occupational therapists educate clients, families, and caregivers about strategies to support a good quality of life.

California Board of Occupational Therapy (CBOT)

The California Board of Occupational Therapy is the regulatory authority for occupational therapists. Its primary mission is to protect consumers by ensuring that occupational therapists meet high standards of practice. The primary roles of the CBOT include:

Licensing and Certification

All occupational therapists have a valid license to practice in California. A primary role of the board is to provide licenses for qualified professionals. The board reviews applications from individuals seeking to practice occupational therapy in California. It verifies educational qualifications, clinical experience, and examination results. The scrutiny before licensing ensures that only competent professionals receive licenses.

Setting Standards of Practice

The CBOT regulates the practice of occupational therapists in California. It establishes and enforces laws that all licensed professionals must follow. These regulations ensure consistent and safe treatment for patients. The board also updates its rules to reflect changes in healthcare policies and public needs.

Investigating Complaints Against Professionals

Another critical function of the CBOT is investigating complaints against licensed occupational therapists. When a complaint is filed, the board examines the case to determine if the therapist violated any laws. The investigative process addresses public, employers, and law enforcement concerns.

Imposing Disciplinary Actions

When investigations reveal that an occupational therapist committed the alleged violation, the CBOT imposes disciplinary actions. These actions may include license probation, fines, license suspension, and revocation. Disciplinary measures hold professionals accountable for their actions. Additionally, they aim to protect public safety by discouraging future violations.

Violations Committed by Occupational Therapists

California occupational therapists are held to high ethical and legal standards. Violations by these professionals can lead to disciplinary action by the CBOT. Common violations committed by OTs include:

Unprofessional Conduct

The California Board of Occupational Therapy sets practice standards for all licensed professionals. Unprofessional conduct includes acts that deviate from the set standards. They include:

  • Verbal abuse of patients
  • Inappropriate language
  • Engaging in relationships that create conflicts of interest

These types of conduct undermine the trust and therapeutic environment. If you are reported to the board for unprofessional conduct, you risk losing your license.

Fraudulent Billing

Submitting false claims to insurance providers or government healthcare programs is a serious offense. Common examples include:

  • Billing for services not rendered
  • Billing for a more expensive service than the one provided

In addition to jeopardizing your license, fraudulent billing could result in an arrest and criminal charges.

Practicing Without a Valid License

All occupational therapists must obtain a valid professional license to practice in California. The board will issue you a license after you have completed your education and passed the licensing examination. Occupational therapists must maintain an active, current license. Practicing with an expired or suspended license can result in disciplinary action and fines.

Substance Abuse

Many individuals assume that their conduct outside work has no impact on their license. Unfortunately, this is not always the case. Alcohol or drug abuse can result in an investigation and disciplinary action by the CBOT, especially when you do it at work. Drug use can impact your ability to practice safely and provide efficient services.

Sexual Misconduct

As an occupational therapist, your relationship with your patients must remain strictly professional. Any inappropriate sexual behavior or contact with a patient breaches ethical standards. You could face severe disciplinary action even when the sexual contact was consensual.

Negligence or Incompetence

Failing to meet accepted standards of care, such as improper use of therapeutic techniques or failing to monitor a patient’s progress, can harm patients and violate professional duties.

Patient Confidentiality Violations

HIPAA laws protect patient privacy. Therefore, you should not share patient information with unauthorized individuals. Disclosing patient information without consent can result in legal penalties and disciplinary action.

Criminal Convictions

Occupational therapists must report certain criminal convictions, especially those involving moral turpitude. Failure to report or the nature of the offense itself can impact licensure. Even when you do not report the conviction, the law enforcement can notify the board. The CBOT will investigate your case and take appropriate disciplinary action. Common offenses that could impact your occupational therapy license could include:

  • Assault (California Penal Code § 240)
  • Fraud (California Penal Code § 532)
  • Possession of a controlled substance (California Health and Safety Code § 11350)
  • Sexual battery (California Penal Code § 243.4)
  • Child abuse (California Penal Code § 273d)

Disciplinary Process by the California Board of Occupational Therapy

The Board of Occupational Therapy's disciplinary process aims to investigate and address the complaints brought against occupational therapists. The disciplinary process takes the following steps:

Complaint Submission

The disciplinary process begins when a complaint is submitted to the board. Patients, colleagues, clients, or law enforcement can submit a complaint against you. These complaints are centered around substance abuse, fraud, unprofessional conduct, and negligence. A person can submit a complaint to the CBOT through the designated reporting channels.

Initial Review

After receiving a complaint against you, the board will review it. The review aims to determine its basis and whether it falls within the board's jurisdiction. Baseless complaints are dismissed, and vehicles not within the jurisdiction are transferred to the relevant departments.

Investigation

The CBOT investigates complaints that fall within its jurisdiction. The board must inform you that you are under investigation, to which you can respond. In the response, you can show your intentions to fight the allegations. The investigation process involves:

  • Reviewing documentation
  • Interviewing witnesses
  • Gathering more evidence for the case.

Stipulated Agreement

A stipulated agreement may be proposed if the board has enough evidence to support the allegations against you. With such an agreement, you will accept liability for the violations. In exchange, your case will not go through an administrative hearing. Instead, teh board imposes appropriate disciplinary action.

A benefit of entering the stipulated agreement is negotiating a favorable disciplinary action. However, you will need the guidance of a skilled lawyer before accepting the agreement.

Administrative Hearing

If you do not enter the stipulated agreement, the board will schedule an administrative hearing for your case. An administrative law judge presides over the hearing. The ALJ will review the evidence presented by the prosecution and the defense before deciding on your case. The administrative law judge has 30 days to give their decision.

Final Decision

After receiving the ALJ's decision on your case, teh board can accept, reject, or modify it under California Government Code 11517(c)(2).

Appeal

If the board's decision in your case is unfavorable, you can appeal it. You have up to sixty days from receiving the decision to file an appeal with the appellate court.

Disciplinary Action Against Occupational Therapists

If the board finds that you committed the alleged violation after the administrative hearing, it can impose different disciplinary actions. The specific action taken against your license will vary depending on the following factors:

  • Severity of the violation. Violations committed by occupational therapists range in severity. The seriousness of the misconduct influences the disciplinary action. Violations like fraud or patient abuse result in stricter penalties.
  • Prior disciplinary history. The board will check your history of violations before imposing disciplinary action. A professional with a history of previous license violations may face more severe consequences. The board will consider whether the behavior is part of a pattern.
  • Evidence of rehabilitation. You may face more lenient disciplinary action if you have taken the proper steps to address the issues resulting in your violation. Rehabilitation attempts include attending counseling or engaging in relevant continuing education.
  • Impact on patient safety. Some actions committed by occupational therapists can endanger patient safety. They include negligence and incompetence. Actions that directly endanger patient health or safety are punished more seriously. The greater the risk to patients, the more likely the board will impose a harsh penalty.
  • Cooperation with the investigation. Your willingness to cooperate with the investigation can impact the nature of the disciplinary action you face. Being honest, transparent, and compliant may result in reduced disciplinary measures.

The disciplinary actions imposed by the Board of Occupational Therapy include:

  • Reprimand. A reprimand does not affect your ability to practice as an occupational therapist in California. Instead, it serves as a warning for similar conduct. However, it can appear on your record and may impact future disciplinary action.
  • Citation and Fine. The board may issue a citation and a fine for less severe infractions. Citation relates to administrative issues, like failing to complete the required continuing education.
  • Probation. The board can place your license on probation after a violation. While on probation, you can practice in the occupational therapy field. However, the board will closely monitor your practice. Sometimes, the board can impose conditions like supervision or periodic reporting to the board. Failure to follow these conditions can result in more severe discipline.
  • Suspension. For more serious violations, the board can suspend your occupational therapy license. A professional license suspension can last up to 5 years, depending on the nature of your violations. You cannot practice in the occupational therapy field while your license is suspended. After completing the license suspension period, you could petition the board to reinstate your license.
  • License revocation. A license revocation is the most severe penalty after an ethical or professional violation. The board imposes disciplinary action against professionals who commit serious offenses. A license revocation permanently removes your right to practice occupational therapy in California.

Find a Competent License Defense Attorney Near Me

Obtaining an occupational therapy license requires years of dedication in school and passing the licensing examination. However, all your efforts could go down the drain if you are reported to the Board of Occupational Therapy. The board receives reports for professional, ethical, and criminal violations by licensed professionals.

The consequences can be life-changing, whether you are facing a complaint, investigation, or disciplinary hearing. The disciplinary actions by the board could include license probation, suspension, or revocation. These actions will impact your career, reputation, and livelihood. You must know your rights and understand the defense process to protect your license.

Defending your occupational therapy license requires quick and strategic action. Therefore, you will require the guidance of a skilled lawyer. At San Francisco License Attorney, we will offer the legal guidance and representation you need to navigate your professional license defense. Contact us today at 415-919-6594 from San Francisco, CA, to discuss your case.