Occupational therapists (OTs) are vital professionals in improving the well-being and lives of persons with illnesses, injuries, and disabilities. In California, these professionals are regulated under the CBOT (California Board of Occupational Therapy). The role of this board is to establish standards for occupational therapists to abide by, grant licenses, and impose disciplinary action for any violation of professional codes of conduct.
It takes a long time to obtain an occupational therapy license. However, a single complaint, even a minor one, can jeopardize it, as well as your career and livelihood. If there are allegations against you that you violated the law, a skilled healthcare license defense counsel can assist in safeguarding your interests and defending your rights.
At Fresno License Attorney, we represent healthcare professionals, including occupational therapists, facing disciplinary action and other licensing issues. We build an aggressive defense strategy against any form of violation our client faces. Contact us today and share your legal issue with one of our competent lawyers.
Occupational Therapists Licensure in California
Occupational therapists cannot be overlooked in healthcare. They help patients with physical challenges, such as mobility, navigate everyday life. These professionals are expected to be in higher demand in the years to come, given the ageing population.
Due to the skill combination necessary to safely and effectively practice occupational therapy services, the practice, testing, and education requirements for OTs are high. Generally, to qualify as a licensed OT in California, you must acquire an ACOTE (Accreditation Council for Occupational Therapy Education) degree and a Master’s or Doctorate in an accredited Occupational Therapy Program. You must also complete the required clinical rotation and supervised work.
To add to the above requirements, you must sit for and prevail in a national exam administered by the NBCOT (National Board for Certification in Occupational Therapy). After NBCOT certifies you, you must maintain your skills by completing 36 PDUs (professional development units) over three years to have your certification renewed for three years. To renew your license, you must complete 24 hours of continuing education every 2 years.
All these requirements indicate that you have already invested significant effort and time in obtaining and maintaining your OT license. If someone brings a complaint against you to the CBOT or NBCOT, do not take it lightly since your certificate and license to practice might be in jeopardy. Losing the capacity to practice after all the effort, time, and resources you have invested could devastatingly affect your future.
For that reason, it is essential to contact a healthcare license defense lawyer experienced in defending clients in disciplinary matters. Specific rules, laws, and procedures apply to complaints against an occupational therapist’s license, and a lawyer who understands the disciplinary process can help you avoid losing your license.
How The CBOT Handles a Formal Complaint
The CBOT complaint process against occupational therapists is generally initiated when a complaint is filed with the board. A complaint can originate from any member of the general public, a colleague, a supervisor, an ex- or current patient or their family member, an insurer, or any other party who feels harmed by a particular occupational therapist. In certain instances, a government authority will advise the CBOT of a possible violation by an occupational therapist.
Once the CBOT receives any complaint, it acknowledges receipt by issuing a letter of acknowledgment and then opens a file. It will then evaluate the complaint to ensure the case is one the board has the discretion to handle. For example, CBOT does not generally handle situations involving personality conflict between an occupational therapist and a patient. It also does not address cases in which a licensee declines to administer treatment a patient demands when the treatment is not medically advisable.
If the complaint falls under the board’s jurisdiction, it will determine its severity. After which, it will determine if the complaint should be investigated. If no investigation is justified, the board will solve the case internally.
A full investigation could result in closure of the case if there is insufficient evidence or a citation if it is a technical mistake. If there is strong evidence of a violation, the board could refer the matter to the prosecutor or the Office of the Attorney General (A.G.) for criminal prosecution or disciplinary action.
If an investigation must be conducted, the CBOT will escalate the matter to its investigative division. The investigative division then conducts a thorough investigation, which generally entails gathering relevant documentation concerning the reported violation, interviewing witnesses, and making site visits. The investigative division may also contact you to request documentation or for a comprehensive interview. If an investigator from the board reaches out to you, avoid signing any documents or engaging before you speak to a defense counsel.
After the investigation, the investigative division will write a report for the CBOT. If necessary, the CBOT will ask expert witnesses’ opinions regarding the investigative report. If the CBOT upholds the allegations in the complaint, it might refer your matter to the Office of the A.G. so an official Accusation can be filed.
When your case reaches this point, it can be solved either through a prehearing conference or an administrative hearing by an ALJ (Administrative Law Judge). When the board resolves the case through a settlement conference, you will have the chance to agree to a disciplinary action that the board proposes and avoid an administrative hearing.
Otherwise, if the case is not resolved at this stage, an administrative hearing will occur, where both you and the board can present and cross-examine witnesses, as well as introduce evidence. At the end of the proceeding, the ALJ judge will issue a ruling either in your favor or the board’s favor. If the ruling does not favor you, the board may impose discipline against you.
Possible Disciplinary Actions By the Board
The kind of disciplinary action the board will impose depends on whether the violation was minor or major. Examples of major violations are the following:
- Failing to complete any program ordered by the board
- Administering treatment while intoxicated with alcohol or drugs
- Committing any substance-related crime that violates a national or state law or the BPC. An example includes driving drunk
- Gross negligence or incompetence
- Harassing, abusing, or intimidating patients
- Violating patient confidentiality
- Committing numerous minor violations of probation terms and conditions
- Failure to keep correct patient records
- Withholding a patient’s medical records
- Sexual abuse of a patient
Examples of minor violations include the following:
- Unexcused absences from necessary meetings
- Neglecting to submit the necessary documentation on time
- Failure to disclose criminal convictions
- Failing to contact a monitor as necessary
- Any violation that does not present any imminent threat to you, as the licensee, or the public
Also, when imposing punishment, the CBOT will consider various factors that may mitigate or aggravate the sentence. Some of these factors include the following:
- The severity and nature of the wrongdoing
- The harm or possible harm to other individuals
- Any prior record of disciplinary action
- Proof of rehab or mitigation
- Whether you fully cooperated during the investigation.
The CBOT can generally impose a wide array of penalties. They can include, but are not limited to:
- A private reproval, which does not reflect on your public record.
- A public reprimand. Unlike a private reproval, a public reprimand goes on your public record.
- A citation and monetary fine. The board does not categorize citations and fines as disciplinary action. However, it can impose this penalty for lower-level violations to serve as a warning. Even though it is not considered disciplinary action, board fines can be steep (at least $500). Having to pay them may negatively affect your finances.
- Probation. Here, the board officials will place restrictions on your practice. The restrictions may include the requirement that you undertake continuing education programs and be supervised.
- One year of license suspension. During this period, you cannot practice occupational therapy. When one year is over, you can petition the board for a license reinstatement.
- License revocation. If the CBOT revokes your license, you will be unable to practice occupational therapy for an indefinite period. However, the board may agree to reinstate your practice license after a specific period has passed; it could be years or several months.
- A suspended license suspension. If the CBOT imposes this disciplinary action, it means it is pausing your license suspension and allowing you to continue working while on probation. The board will set aside the suspension provided you comply with the conditions it imposes, such as being supervised, continuing your education, paying a fine, and making restitution to the victim. Violating any of these conditions can trigger the initial, active suspension.
If the complaint against you was based on alcohol or drug abuse, the board may require you to enroll in a treatment course, sometimes while giving up your license during that period. The consequences for a violation are incredibly harsh. If the CBOT is looking into your license, consult a lawyer promptly. They can ensure your license is protected.
Appealing the Administrative Hearing Outcome
If you believe the outcome of the administrative hearing was unfair, you have the right to appeal by filing a writ of mandamus to the Superior Court. The court will review the ALJ’s decision to determine whether it followed the law and the correct procedures in making it. Note that you can only speak after the board issues its final decision following the hearing.
After you appeal, the judge will not merely substitute their judgment for the ALJ’s and the board’s. Instead, they will check whether:
- You received a fair administrative hearing
- The CBOT acted under its lawful authority
- The ALJ and board followed the required procedures
- The ALJ’s and the board’s decision was based on sufficient evidence
- The penalty the board imposed is not excessive and does not abuse discretion
Before they decide on the appeal, the Superior Court judge will review administrative records, including motions, exhibits, transcripts, and the ALJ’s written decision. They will check whether the ALH abused their discretion in presiding over the hearing or reaching their decision. If, for example, the board’s and ALJ’s decision to discipline you was not corroborated by facts, the Superior Court judge may rule that there was an abuse of discretion.
Appeals are usually limited in scope to legal or procedural errors made by the ALJ or board during the administrative hearing. There will be no retrial of the hearing in appeal cases. That said, the Superior Court will not accept any new evidence unless it determines the evidence was improperly excluded during the hearing.
There is a strict deadline for appealing your case. You have only 30 days to file your appeal. Failure to meet the deadline will lead to you losing your right to file.
NBCOT Disciplinary Action
The NBCOT follows its independent disciplinary guidelines. That said, it has the authority to revoke your IT certification. The NBCOT may impose disciplinary action against you for violations similar to those that may cause you to lose your California occupational therapy license. Also, if you are dishonest during the NBCOT certification renewal process or exam registration, you can be punished. The NBCOT’s QCRC (Qualifications and Compliance Review Committee) is responsible for administering discipline.
The NBCOT’s disciplinary procedures resemble those used by the CBOT to discipline occupational therapists. They include a stipulated agreement (voluntarily agreeing to the sanctions the NBCOT has proposed) and a formal proceeding if a stipulated settlement is not reached. If you are not content with the QCRC’s decision, you can appeal to the directors of the NBCOT. The directors have the discretion to consider both the evidence submitted during the disciplinary proceeding and any other additional evidence.
Disciplinary actions by the NBCOT include private reprimand, public reprimand, probation, or suspension of your certification. If your certification to practice is suspended, you will be unable to continue being an OT in California.
Find a Reliable Healthcare License Defense Lawyer Near Me
If, as an OT, you have received notice that there is a complaint regarding your practice, you want to take steps to safeguard your license immediately. The most efficient move is to consult a skilled healthcare license defense lawyer. At Fresno License Attorney, we have years of expertise representing occupational therapists and other healthcare professionals in license-related disciplinary proceedings. We know how the disciplinary process works and the strategies to use to fight for the best possible outcome. Call us at 559-388-5402 today for a comprehensive consultation.
