California occupational therapists contribute significantly to the lives of individuals with injuries, illnesses, and disabilities. The California BOT (Board of Occupational Therapy) regulates all occupational therapists in California, plus their assistants. Its role is to set professional standards for these professionals and grant professional licenses. It also imposes disciplinary action against license holders or applicants who violate professional standards.

It takes several years of education to become a licensed occupational therapist. Should the board file a complaint against you, that step can jeopardize your license and career. That means earning a living will also become challenging for you. A skilled license defense attorney can assist you if your license is in trouble. They will help defend your legal rights and protect your interests.

At Fresno License Attorney, we represent occupational therapists accused of professional misconduct. That entails violating governing rules, regulations, and professional standards. We can develop a detailed defense to accusations of unprofessional conduct and other problems. Talk to us today about the problem your license is facing, and leave the rest to us.

The Role of Occupational Therapists

Occupational therapists assist developmentally challenged and health-challenged people in becoming self-reliant. This enables them to acquire or reacquire their capability to perform daily skills, making them as independent as possible.

Occupational therapists also help people with disabilities at the mental or physical level because of:

  • Trauma,
  • Stress, or
  • Depression,
  • Due to improper mental or physical development

In this case, occupational therapists start by charting out rehab. The objective of rehabilitation is to improve the patient's capabilities to perform tasks connected to potential employment and daily living. The occupational therapist will then begin to work on the plan to enhance reasoning abilities and motor functions.

Patients with severe injuries that they cannot regain their normal functions can also benefit from occupational therapists. Occupational therapists can build a program to assist them in transitioning into a new lifestyle. Skills range from the most basic to intricate ones. Basic skills include cleaning, eating, cooking, and dressing. Intricate skills include money handling, time management, and using public transportation.

The program might involve teaching a patient how to utilize various assisting devices or equipment. Many patients find purpose and meaning after treatment by an occupational therapist. This is a rewarding by-product of these professionals.

The demand for occupational therapy continues to increase because of the expanding elderly population. The steps taken within the last few years to mainstream patients with mental and physical challenges into the employment field have also contributed to the high demand for occupational therapists. That makes occupational therapists’ licenses among the most highly valued in California.

The BOT Disciplinary Process

The occupational therapist license disciplinary process generally commences with someone filing a complaint. The complaint may come from:

  • A patient,
  • The patient’s loved one,
  • A member of the public,
  • A coworker,
  • An insurance provider, or
  • A supervisor

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

After the BOP learns someone has filed a complaint against you, it will open an official file after issuing you an acknowledgement letter. After assessing the severity or nature of the accusations, it will establish whether to conduct an official investigation. If it does not investigate, it will address the matter internally.

Should the board determine that an official investigation is justified, it will refer the case to the DOI (Division of Investigations). The DOI then conducts an investigation. The investigation will generally involve the board investigator contacting you for an interrogation or requesting relevant documentation. If the investigator contacts you, do not speak to them until you talk to an attorney. Also, avoid signing any paperwork before a lawyer’s counsel.

The investigator will then write their report and give it to the BOT. If need be, the BOT will consult expert witnesses. An official investigation may result in various actions by the board, including:

  • Citation for technical violations
  • Closure letter
  • Fines
  • Referral to the district attorney’s or attorney general’s office for criminal or disciplinary actions

If the board sustains the allegations, it may refer the case to the attorney general's office for formal action. The deputy attorney general can then file an Accusation if you are a licensee or a statement of issues if you are an applicant.

When it reaches this stage, the matter can be resolved in either of two ways. It can be resolved through a stipulated settlement or be subject to administrative proceedings presided over by an ALJ (administrative law judge).

During the administrative proceedings, the ALJ will hear evidence from both sides (yours and the board's). Both sides can call witnesses to the stand, cross-examine each other's witnesses, and argue compelling evidence. The judge will render their decision. If you won the hearing, they would likely dismiss your case. If the judge found you guilty, they would write a recommendation of their disciplinary action to the board. The board has the discretion to adopt and impose the judge's proposed disciplinary action as it is, modify it, or reject it altogether.

In imposing disciplinary action, the board considers various factors. Some of them are:

  • The seriousness and type of the violation
  • The potential or actual harm to other people
  • Evidence of rehab
  • Any past disciplinary record
  • Whether you cooperated with investigators
  • Whether you admitted your mistake
  • The likelihood of reoffending
  • Any past criminal conviction of a crime directly linked to your duties, qualifications, and functions
  • If convicted of an offense, whether you complied with the court-ordered probation terms
  • The number of violations you face
  • All aggravating or mitigating factors that may heighten or lessen the punishment

The disciplinary actions the board might impose include the following:

  • License revocation
  • A stayed license revocation
  • License suspension for a maximum of a year
  • A stayed license suspension
  • Probation

If the board imposes probation, it will be accompanied by standard and specific probation conditions you will be required to comply with. Some of the standard terms and conditions of probation include:

  • Adhering fully to reporting requirements
  • Completing all the necessary training courses related to your violations
  • Showing up before the BOT in person when required to
  • Not participating in criminal activity
  • Notifying the BOT of any changes in address or contact information

Besides the standard conditions, the board may also impose case-specific ones. Some of these include:

  • Attending support group programs
  • Taking physical or psychological exams
  • Completing a board-approved rehabilitation program
  • Undergoing psychotherapy
  • Taking random drug and alcohol tests
  • Agreeing to clinical diagnostic evaluations

Your license defense lawyer can assist you in negotiating lenient probation conditions and terms.

Probation conditions may include reimbursing the board investigation costs. If you have financial difficulty, you could pay these costs in installments for 12 months. Failure to pay will be considered a probation violation.

The possible consequences for violating the Business and Professions Code or another statute are severe. If the BOT is investigating you, contacting an occupational therapy license defense lawyer immediately is essential. The lawyer can safeguard your legal rights and help you navigate the disciplinary process successfully.

Appealing the Hearing Outcome

Once the administrative proceedings end, you may agree or disagree with the judge's ruling. If you do not accept the judge's ruling, you can appeal the case to a superior court, seeking a reversal of the ruling per the Code of Civil Procedures.

To appeal, your defense lawyer must file a writ of mandate. Generally, you only have 30 days from when the judge ruled the case to appeal to a superior court.

Your legal counsel can accompany the writ of mandate with an ex parte request to suspend the bird-issued consequences. That way, you will not serve the imposed punishment until the superior court hears and determines the appeal. For example, if the BOT had decided to revoke your professional license, the license would remain effective during the appeal period. That means you may be able to continue practicing until the court rules on the matter.

If you are still discontent with the superior court’s decision, you can appeal before the district appellate court within 60 days from when it rendered its judgment. Your lawyer can still stay the board's disciplinary action by filing a writ of supersedeas.

Appeal cases might go up to months. That is why your lawyer should seek that the court stays the implementation of the BOT’s disciplinary decision when appealing your case. If the court grants the request to stay, you can continue practicing your career. You want to file your appeal soon to stop the BOT’s decision from being effected.

Common Complaints That Can Lead to Disciplinary Action for Occupational Therapists

The following are the most prevalent complaints filed against California occupational therapists or their assistants to the BOT:

  • Practicing with no license
  • Mental, financial, or physical abuse of a client
  • Obtaining the occupational therapy license fraudulently
  • Sexual abuse or misconduct involving one or several patients
  • Unlawful dealings in narcotics or prescription drugs
  • Incompetence performance, gross negligence, or ordinary negligence while discharging official duties
  • Substance abuse
  • Maintaining incorrect patient records
  • Unlawful changing of a doctor-ordered prescription
  • Failing to comply with the required infection control standards
  • False or misleading advertising
  • Not maintaining the confidentiality of the patient
  • Insurance fraud
  • Being found guilty of a misdemeanor or felony substantially related to the duties, functions, and qualifications of an occupational therapist
  • Allowing unlicensed occupational assistants to work in roles requiring a license
  • Unexcused nonattendance at necessary meeting
  • Failing to submit the necessary documentation on time
  • Failure to complete a program the board ordered
  • Treating patients while intoxicated with alcohol or drugs
  • Committing several minor violations of probation terms and conditions
  • Committing any alcohol or drug crime that violates federal or state law or BPC

How a License Defense Lawyer Can Help

Finding out the BOT is investigating you can be scary and overwhelming. That is understandable. You might even ignore the investigations, hoping everything will go away. Unluckily, informing an investigation by the board, including requests for an interview or paperwork, can have severe repercussions for your professional license.

A license defense attorney can build a proactive defense strategy to tackle whatever accusations you face. In the initial stages of the disciplinary process, they can advise you on how you will respond to investigators. That can start their independent investigation and collect evidence that supports your case.

In some instances, your lawyer may successfully convince the BOT that you did not commit any violation and that it should close the complaint. In other cases, the attorney may successfully provide evidence to prove you committed only a technical violation, and the board should only issue a citation.

The above attempts may fail, and the case proceeds to the attorney general's office, where the offices filed an official Accusation. In that case, your lawyer will continue contacting the board to negotiate a stipulated settlement. A stipulated settlement is usually the ideal resolution. That is especially so when you face the likelihood of severe consequences, such as a license suspension or revocation.

Where a stipulated settlement is impossible, your attorney will fight for you at the administrative hearing. Considering the factors the BOT looks at when imposing disciplinary action, they will argue factual defenses to the accusations. The defenses might include eyewitness testimony and testimony from expert witnesses. Also, they will compile mitigating factors, evidence of rehab, and other materials. These can help persuade the BOT that if it imposes discipline, that discipline should be lenient.

You cannot take chances when your professional license and career are at stake. A compassionate and skilled lawyer will strive to safeguard your interests and advocate for your rights.

Contact a Competent Professional License Defense Attorney Near Me

Receiving notification from the BOT about possible professional misconduct can be overwhelming. In this case, the ideal step is to contact an attorney immediately. A lawyer may help you realize the most favorable outcome, be it a dismissal, probation, or citation.

At Fresno License Attorney, we commit to providing healthcare professionals with quality legal counsel and representation. If you practice occupational therapy and are subject to disciplinary action from the BOT, we will advocate for you. If you wish to set up a consultation with one of our lawyers or learn more, contact us at 559-777-7040.