Becoming an occupational therapist or occupational therapy assistant in California requires lots of dedication and hard work. The same dedication is required in your hands-on training so that you pass state exams and get your licensure. However, a single complaint to the California Board of Occupational Therapy (CBOT) could wipe out everything you have worked for. An investigation could result from allegations that could result in a fine, suspension, or revocation of your license. These proceedings can be complicated and intimidating and risk your career and professional standing.

If confronted with a board investigation, you must act fast. This process, which includes working to challenge the allegations, can be complicated. You could be vulnerable to misunderstandings and errors that worsen things when you try to do it alone. The best way to protect your rights, advocate, and build a strong defense is to enlist an experienced professional license defense attorney. With expert guidance, you increase your likelihood of resolving allegations, preserving your reputation, and continuing to care for your patients.

Do not put your career at risk. We at Sacramento License Attorney are here for you if you want legal representatives who understand California’s occupational therapy laws and will defend your license effectively.

Occupational Therapy Assistant and Occupational Therapist Roles

An occupational therapist (OT) like you is integral to increasing health and wellness space. Therapists help people develop, regain, or maintain the skills they need for everyday living and meaningful activities. The work of occupational therapists begins with a careful assessment of a patient’s physical, cognitive, emotional, and social needs. This evaluation helps you develop tailored treatment plans specifically for individual challenges. Expertise is helpful in these situations because you will help children with developmental disorders, adult clients recovering from injuries, and older clients with chronic health conditions.

Occupational therapists use therapeutic techniques and interventions to improve patients’ abilities and promote independence. For example, you could:

  • Develop workout exercises to enhance motor skills.

  • Introduce strategies for managing daily actions.

  • Even suggest adaptive equipment that facilitates accessibility.

Furthermore, occupational therapists modify environments so that patients’ living and working spaces facilitate their functional abilities. Therapists take a holistic approach, examining well-being's physical, emotional, and social aspects.

If you are an occupational therapy assistant (OTA), you work with the OT. Occupational therapists supervise you, and you are responsible for implementing treatment plans. You directly engage with the patients, guiding them through fun and impactful activities and exercises built based on their unique needs. Helping patients practice the skills needed to become more independent is hands-on support that has proven to be essential.

Responsibilities also include working closely with patients and documenting observations useful for the supervising OT as you monitor the client’s progress. These efforts keep treatment plans up to date and are adjustable to each patient's changing needs.

The California Board of Occupational Therapy

The occupational therapist and occupational therapy assistant practices are overseen by the California Board of Occupational Therapy and regulated to ensure the practice standards are upheld throughout the state. This board ensures that both professionals act according to established standards and ethical guidelines. When clients, colleagues, or other individuals express concerns about the actions of an OT or OTA, they can submit a complaint to the CBOT.

When the board receives complaints, it immediately investigates to evaluate the validity of the claims. The process involves gathering evidence from interviews with involved parties and reviewing the circumstances related to the allegations.

The board deals with complaints and develops and enforces regulations to govern California occupational therapy practice. The board sets high standards for education, training, and professional conduct so that practitioners have the greatest chance of providing safe and effective care. This regulatory framework aims to protect clients and enable OTs to maintain their professional integrity, as seen by OTAs.

Patients, their family members, and colleagues bear the responsibility to report any alleged violations of the Occupational Therapy Practice Act (OTPA) or the Business and Professions Code (BPC) to the California Board of Occupational Therapy (CBOT). Allegations of unethical or unprofessional conduct can cover a range of serious issues, including:

  • Practicing without a license — Engaging in occupational therapy without the appropriate state licensure erodes public trust and safety when engaging in occupational therapy. The license ensures that the practitioners are trained and qualified.

  • Fraudulent license acquisition — Obtaining a license through dishonest means, like falsification of credentials or misrepresentation of qualifications, undermines the profession's integrity. This misconduct damages public confidence in licensed professionals.

  • Unlicensed practice — Therapy services offered without a license put clients at high risk. Practitioners without the necessary credentials may not have the skills and knowledge needed for safe care.

  • Gross negligence — This is a significant deviation from accepted professional practices, indicating a blatant lack of care that leads to client harm. It can have long-lasting repercussions for clients and professionals alike.

  • Insurance fraud — Participating in deceptive practices, like filing false claims or overcharging for a service, is a serious breach of the law and standard of ethics. These actions can, unfortunately, result in severe penalties and damage to the trust system surrounding healthcare.

  • Physical or verbal abuse — Engaging in threatening or harmful behavior directed at clients or colleagues within their professional setting does not create a safe environment. It is unacceptable conduct that can result in serious disciplinary action.

  • Substance abuse — Using drugs or alcohol in ways that cause you to lose the ability to provide safe care puts clients at risk. This behavior often results in disciplinary action and damages a practitioner’s reputation.

  • Sexual misconduct — This unethical behavior can include any inappropriate sexual behavior towards clients or colleagues and can be highly damaging to the victims. These actions can have severe legal and professional consequences.

  • Breach of patient confidentiality — Releasing private patient information without consent diminishes trust and contravenes laws protecting patient privacy. Maintaining confidentiality is fundamental to having strong patient-therapist relationships.

The Administrative Hearing

If the California Board of Occupational Therapy determines credible grounds for a complaint against you, your case proceeds to an administrative hearing. An administrative law judge (ALJ) within this setting reviews all evidence, evaluates all evidence presented, and determines the applicable discipline necessary. This hearing is your chance to make your case and the boards, with the ALJ as the impartial evaluator.

The ALJ considers several key factors when making disciplinary decisions:

  • Nature and severity of the violation — The ALJ examines whether it was an isolated incident or part of a more subtle pattern. In the analysis, he/she will evaluate the harm caused, including physical, emotional, or financial losses experienced by patients.

  • Previous disciplinary actions — The ALJ reviews your disciplinary history to assess the risk of further misconduct. However, a more stringent response could be imposed if your previous violations show a pattern.

  • Actual and potential harm — The judge will evaluate any direct harm to patients caused by your actions and consider what harm might have happened if the situation had escalated. It indicates why you should be aware of the more considerable consequences of your actions.

  • Number of violations — The ALJ could use this to indicate that your practice is in trouble because of recurring issues. Then, the ALJ will impose corrective action addressing your practice's underlying problems.

  • Aggravating and mitigating factors — If aggravating factors, such as malicious intent or a lack of accountability, are present, more severe penalties could result. On the other hand, factors mitigating disciplinary action can include genuine desire or proactive measures to rectify the situation.

  • Evidence of rehabilitation — The ALJ looks at your efforts to rehabilitate and improve your professional conduct, including corrective action, attending additional training, or following through on treatment plans. Showing the ALJ you are ready to change can make a difference.

  • Criminal record — The ALJ will assess any criminal offenses, if appropriate, based on the crime, the length of time between the offenses, and/or your rehabilitation efforts. This helps gauge whether past behavior will repeat.

  • Cooperation with the board — The ALJ assesses cooperation with the board based on your honesty, transparency, and willingness to engage with the board, which affects perceptions of your professionalism and integrity.

  • Likelihood of future violations — The ALJ also considers the effectiveness of your rehabilitation efforts. The judge decides whether you are likely to continue to live up to professional standards.

Disciplinary Actions that Follow an Administrative Hearing

At the end of the hearing, the judge could impose disciplinary actions, which the board could adopt or reject. These disciplinary actions vary depending on the severity of your violation. Understanding these potential consequences helps you rectify your professional conduct effectively and maintain your license. If there was gross misconduct, you could lose your license altogether.

The following are some of the disciplinary actions to expect:

Formal Warning

One possible outcome is reprimand, which serves as a formal warning. While a reprimand does not result in license suspension or revocation, it does not go away. It remains on your professional record. This notation could signal to potential employers or clients that you have faced scrutiny. In most cases, they will want to see your actions since you received the warning and if you addressed the violation.

Probation

Once the board places you on probation, you are held to certain conditions set by the board. While the situations may vary, these conditions may include:

  • Regular check-ins with a supervisor.

  • Additional training or completion of additional training.

  • Completing a continuing education course that focuses on patient care and ethical practices.

You can show your commitment to improving professional conduct and patient safety during this probationary period.

License Suspension

In the more serious cases, the board could suspend your occupational therapy license. You will temporarily lose your ability to practice. The length of your suspension depends on the offense you committed.

After the suspension period, you may have to fulfill a few conditions to get your license back. The suspension could mean you pass examinations or complete additional training to solve the problems that caused it.

Revocation of Your License

In extreme events, the board could revoke your license. This action effectively terminates your ability to practice occupational therapy in California. Revocation is usually done in reaction to criminal behavior, unethical practice, or repeated infractions. If you have had your license revoked, you can have it reinstated. The process can be complicated. It will also require you to provide proof of significant rehabilitation efforts.

Monetary Fines and Restitution

The board may also impose monetary fines as part of its disciplinary action. The fines can vary according to the severity of the violation and are usually accompanied by other disciplinary measures. Financial penalties serve as deterrents. That is, they deter you from engaging in similar actions in the future or cause other therapists to refrain from engaging in similar activities.

If your actions have harmed patients financially, you may have to compensate them for the losses that resulted from your negligence or misconduct.

Mandatory Enrollment in Education Programs

You may also be required to attend mandatory education or training. If the board finds that you have deficiencies in your practice, you may be mandated to take courses to strengthen your skills and knowledge of ethical standards. This educational requirement not only gives you a chance to fix past behavior but also helps you continue to grow and develop your professional life.

Find an Occupational Therapy License Defense Attorney Near Me

If you are being investigated or have been charged with a professional license violation, with the assistance of a professional license attorney, you can mount a strong defense in the investigation and administrative hearing processes. Professional license defense attorneys have the specific knowledge necessary to help you make sense of this type of proceeding. They will also push for your interests on your behalf. Attorneys will advise you on your rights, gather evidence, and build a strong case so that you are prepared when your case is presented.

Your attorney will analyze the details of your case, find weaknesses in the board’s allegations, and develop strategies to negate them. This approach can significantly shape the hearing's outcome. It can result in decreased penalties or even the dismissal of charges.

If you are accused of something that may put your professional standing at risk, seek help from the Sacramento License Attorney. We will be your expert advocates in protecting your rights and securing the most favorable resolution to your case. Call us today at 279-242-4711.