Occupational therapists are rarely recognized heroes for patients with various illnesses or injuries resulting from accidents. For other patients, your expertise and services as an occupational therapist enable them to develop the skills they need for independent living. While many people do not understand what occupational therapy is, those who receive it consider it a lifeline.
However, despite the crucial role you play in society, helping people heal and enjoy their lives optimally, all your hard work and efforts will not matter when the California Board of Occupational Therapy (CBOT) receives a complaint against you.
If you have received a CBOT’s notice of investigation for an alleged violation, our attorneys at San Jose License Attorney can offer you legal guidance and representation on the case. We will leave no stone unturned in preparing defenses to challenge the allegations and secure a desirable outcome.
A Look at the Duties of an Occupational Therapist
As a licensed occupational therapist (OT), you have definitely dedicated your efforts, energy, and money to reach where you are. In addition to spending several years in school, you must meet the CBOT’s requirements to secure a practice license to offer your services legally.
Nonetheless, being an occupational therapist is a fulfilling career, as your duties involve helping people perform various tasks, especially after a severe accident or illness. As an occupational therapist, you work with your patients to assess their range of motion and the motor skills needed to perform day-to-day activities.
Depending on your patient’s condition, you can also assess his/her ability to perform specific tasks, such as:
- Combing hair
- Dressing
- Tying shoes
As part of your duties as a licensed OT, you will also meet with your patients to discuss treatment plans. After evaluating your patient, you can recommend an appropriate treatment plan to help him/her improve his/her ability to perform basic functions. Depending on the patient’s condition and needs, you can also collaborate with a physical therapist to help improve physical strength and overall health.
In many instances, as a licensed OT, you will find yourself working with people ailing or recovering from any of the following conditions:
- Cerebral palsy
- Stroke
- Balance problems
- Multiple sclerosis
- Diabetes
- Spinal cord injury
- Arthritis
- Chronic pain
- Mental and behavioral health problems
- Automobile accidents
These conditions can be severe and require comprehensive long-term medical care. In this situation, you can collaborate with other healthcare providers to help manage your patients’ conditions.
How to Apply for an Occupational Therapy License
It is illegal for anyone to offer occupational therapy services without a proper practice license from the CBOT. However, not every applicant qualifies for this license. The board’s primary mission is to protect the public’s health and safety, and it will do anything to achieve this, including regulating who should obtain a license and who should not.
For you to acquire a practice license to work as an occupational therapist, you must meet all the necessary education requirements. In addition to your signature, your application for a practice license must include an oath stating that you are an excellent candidate for an occupational therapy license. You must also deposit the required application fee.
After you submit your application, the CBOT will review it to determine whether you meet the eligibility criteria. Further, the board could require you to undertake and pass certain exams. If you meet all the board’s eligibility criteria, the board will issue you a license to work as an occupational therapist.
Generally, securing a practice license is tedious and overwhelming. Even though you satisfy all the required conditions, there is no guarantee that you will qualify for the license. If you feel that the CBOT has unfairly denied your application for an occupational therapist license, working with an attorney could be helpful.
A skilled attorney can investigate the reason for the denial and help you with the reapplication process to increase your odds of securing a favorable outcome. Even though you are lucky to qualify for a license, you could easily lose it when the CBOT receives a complaint against you.
However, with the legal assistance of your attorney, you could secure a favorable outcome, including a dismissal of the case or a lighter disciplinary action.
An Overview of the CBOT’s Complaint Process
The CBOT’s disciplinary process starts once the board receives a complaint against you. The complaint could come from your patient, a family member of your patient, a colleague, an insurance agency, or, sometimes, a government agency. Regardless of who filed it, the board treats every allegation or complaint against licensed occupational therapists seriously.
Understanding what to do when the board initiates an investigation against you for an alleged complaint is key to securing a favorable outcome. The board receives a complaint against you; they will review it to understand the seriousness and nature of the alleged violation.
If the alleged violation is minor and does not warrant a full investigation, the board will handle the matter informally, possibly resulting in a warning letter or citation. However, for more serious violations involving criminal violations, the board will refer the case to the AG (attorney general) for further action. If the alleged complaint suggests a grave violation, the board could decide to handle the case formally.
In this case, you will likely receive a notice of investigation, and the board’s investigators could call you. You have no more than fifteen days to file your notice of defense. Otherwise, the board will take a default disciplinary action against you without your participation.
During your interaction with the investigators, you should be keen not to disclose any information that can affect the outcome of your case. To avoid the investigators’ devious tactics, you should politely advise them to speak with your attorney. If your case necessitates an administrative proceeding before an ALJ, you will need your attorney to help secure a favorable outcome.
Depending on the available evidence and your attorney’s mitigating arguments, the CBOT’s disciplinary process could result in any of the following penalties:
- License suspension
- License revocation
- A fine
- License probation
Factors That Could Influence the Seriousness of the Board’s Disciplinary Actions
At the administrative hearing before an ALJ, the prosecutor (a board’s personnel) and your attorney will present. When determining an appropriate and fair disciplinary action for your violation, the ALJ will follow the CBOT’s guidelines and also consider the prosecutor’s and your attorney’s side of the story.
Some of the factors that will come into play when deciding an appropriate disciplinary action for your violation include the following:
- Whether Your Patient Suffered an Actual Harm
The seriousness of your violation or misconduct will significantly influence the outcome of your case. You could face harsher disciplinary action if your misconduct or violation caused another person to sustain a severe injury.
- You Have Previous Disciplinary Records
In a criminal case, having a past disciplinary record shows you are a notorious offender and unwilling to learn from your mistakes. When you have a past disciplinary record, the ALJ will recommend a harsher disciplinary action for your violation.
- The Strength of Your Legal Defenses
As mentioned in the previous paragraph, you will rely on your attorney to help challenge the alleged violation for the best possible outcome. The strength of your attorney’s defense arguments and evidence will significantly influence the outcome of your case.
- Whether You Have Received any Rehabilitation or Counseling Services
If you have received any rehabilitation or counseling services for drug use disorder or anger management, the ALJ could consider that evidence when determining an appropriate disciplinary action for your violation.
- The Number of Complaints Filed Against You
Facing several complaints simultaneously raises questions about your competency and the quality of services as a licensed occupational therapist. When you are facing multiple complaints, and there is sufficient evidence against you, you could face harsher disciplinary action than someone facing a single complaint.
- Your Conduct During the Investigation Process
Your conduct during the CBOTs’ investigation process could also influence the seriousness of the punishment you will receive for your violation. The ALJ could be lenient on your case if you cooperated with the board’s investigating officers.
Common Complaints Against Licensed Occupational Therapists
As a licensed occupational therapist, the nature of your job exposes you to various complaints and allegations that could put your practice license under scrutiny by your licensing board. Examples of these complaints include (but are not limited to) the following:
- Failure to maintain your patient’s confidentiality
- False advertising and unprofessional conduct
- Causing reckless harm to your patient
- Insurance fraud
- Drug addiction and being under the influence at work
- Failing to allow your patients access to your medical records
- Gross negligence and incompetence
- Practicing without a valid license
- A criminal conviction
If your licensing board has received a complaint against you involving any of these, you should act quickly to challenge the allegations and increase your odds of securing a favorable outcome.
Criminal Convictions That Could Jeopardize Your Occupational Therapy License
It is not uncommon for holders of an occupational therapy license to face criminal charges. If you are under arrest for a crime that is substantially related to your qualifications, duties, and responsibilities as an OT, a conviction could negatively affect the status of your practice license.
Even when you accept a plea deal that allows the court to dismiss your case after you complete probation, the CBOT will consider the plea a conviction. That means you should face the appropriate disciplinary action for your violation. If you are a licensed occupational therapist, you could face harsh disciplinary action after a conviction for any of the following crimes:
- Simple Possession of a Controlled Substance
Health and Safety Code (HS) 11350(a) makes it a misdemeanor to possess any controlled substance without a valid license or a doctor’s prescription. Examples of these controlled substances include medicinal and street narcotics, such as:
- Marijuana
- Codeine
- Cocaine
- Heroin
A conviction for a simple possession offense under HS 11350(a) will result in a jail term of up to one year, informal probation, and/or a fine not exceeding $1,000.
- Submitting a Fraudulent Insurance Claim
According to Penal Code (PC) 550, it is a criminal offense to knowingly make a fraudulent insurance claim by misrepresenting information or altering receipts to receive insurance benefits for services you did not offer. The prosecutor will file a PC 550 charge as a felony, carrying the following potential penalties after conviction:
- A fine amounting to up to $50,000
- Felony probation
- A jail term of up to five years
- Sexual Battery
You commit a sexual battery offense under PC 243.4 when you touch another person’s intimate or sexual parts, including the breast or buttocks, without his/her consent for abuse, arousal, or sexual gratification. While it is typically a misdemeanor offense, a PC 243.4 conviction could result in serious penalties, including up to 6 months in jail and a fine not exceeding $2,000.
- Domestic Battery
According to PC 243(e)(1), you commit a domestic battery offense when you use violence or force against any of the following:
- A cohabitant
- Your child’s other parent
- Your former or current dating partner, spouse, fiancée, or fiancé
The prosecutor will file a domestic battery offense as a misdemeanor, and a conviction at trial could carry the following possible penalties:
- A fine not exceeding $2,000
- Up to one year of jail time
- Misdemeanor probation
In addition to these harsh legal consequences, a conviction for any of these crimes could attract other collateral consequences that can significantly affect your quality of life. That is particularly true if you are a licensed medical practitioner. After a conviction for any of these offenses, the court clerk will notify the CBOT about the violation, negatively affecting the status of your occupational therapy license.
Find a Professional License Defense Attorney Near Me
Your several years of education and dedication to securing a practice license as an occupational therapist could go down the drain when someone files a complaint against you with the CBOT. However, that is not automatic, and the outcome of your case will depend on the facts and the attorney’s dedication.
At San Jose License Attorney, we can offer expert legal advice and representation as you navigate the board’s disciplinary process, increasing your odds of securing a positive outcome. Call us at 669-330-4517 to discuss the facts of your case with our profound and seasoned license defense attorneys.
