You strive to serve your community and enhance lives as an occupational therapist. However, one bad letter written against you or a complaint filed with the board can put your license and future on the line.   Even if the claim is frivolous, the board investigates every complaint and could impose disciplinary action, suspension, or revoke your license.

A professional license attorney can protect your rights and career. Licensing boards have rigorous expectations. A single misstep in your response could undermine your ability to keep working. If you are accused of some misconduct, a documentation error, or an ethics violation, you need a strong defense from an attorney who understands the process and knows how to fight for you. Contact the San Diego License Attorney should you face allegations of wrongdoing.

The Role of Occupational Therapists

An occupational therapist helps individuals regain their independence if they have a physical or psychological impairment. Whether helping patients who suffered accidents, criminal victimization, or surgery, as an occupational therapist, you help them be able to do essential tasks again. You do more than rehabilitate. You empower people to regain their dignity and autonomy.

Your responsibilities span every aspect of daily living. You help patients enhance their motor functions, perform daily tasks like dressing, cooking, or eating, and learn how to use time and money. You deal with psychological and social issues in addition to the physical ones, as no one can be completely self-sufficient without emotional resilience. You also help patients acquire adaptive devices and teach them how to use them so they can adjust to a new way of life.

Your expertise goes beyond direct patient care. You maintain comprehensive records of your patients, closely monitor their progress, and complete complicated insurance paperwork so financial worries do not hinder recovery. These administrative responsibilities are essential for obtaining everything your patients need to recover.

However, your profession comes with challenges. You tackle intricate cases and emotionally charged circumstances every day in high-pressure settings. The patients and their families, who trust your decision, seek your expert opinion. However, due to the delicate nature of your work, you are always under constant scrutiny. It will not take much for misunderstandings, miscommunications, and unexpected events to create professional dilemmas on your part.

You must balance patient needs with professional standards and ethical integrity. Every treatment plan, recommendation, and patient interaction must align with best practices while adhering to industry standards. Combining your technical expertise, delivering compassionate patient care, and completing administrative work defines your job and builds trust.

Your impact extends far beyond individual patients. When you help people achieve independence, you support the community. When you work in a hospital, rehabilitation center, or private practice, you are part of a healthcare system that promotes recovery, autonomy, and quality of life. Your choice of profession helps people adapt, recover, and live independently.

The California Board of Occupational Therapy

Complaints against you relating to your conduct or practice as an occupational therapist by your peers, members of the public, clients, or anyone else would be referred to the California Board of Occupational Therapy. This regulatory body is empowered to implement the penalties stipulated in the Occupational Therapy Practice Act, the Business and Professions Code, and other California laws that pertain to the practice of occupational therapy. The board will look into these complaints and determine if there are any violations of ethical, professional, or legal standards. If the complaints are valid, the board can take disciplinary action against you, the licensee.

The California Board of Occupational Therapy enforces the Occupational Therapy Practice Act. The law holds occupational therapists responsible for unsafe care, unethical care, or other violations. Depending on the case, the board may fine, put a licensee on probation, suspend the license, or permanently revoke the license.

Some of the violations of the Act include:

  • Unprofessional conduct — Occupational therapists are expected to provide competent care. When their conduct fails to comply with professional standards, the board could take disciplinary action against them. Failing to execute and implement an appropriate treatment plan can be gross negligence or incompetence if a patient is endangered. Repeating the same negligent act shows a continuing disregard for professional responsibility, which can result in serious consequences. 
  • Inadequate supervision — Therapists must supervise aides and assistants so treatment is safe and effective. Letting your aide harm a patient due to your lack of oversight or allowing your assistant to work beyond their legal scope of practice is a violation. Therapists must keep constant control of the tasks they delegate. If you fail, you could face penalties, including losing your license.
  • Fraudulent practices — Occupational therapists must bill accurately. False billing for services is considered fraud. These dishonest actions decrease the practice's reliability, resulting in heavy fines, jail time, and the loss of one's license.
  • Practicing without a license — Giving occupational therapy services is illegal. It does not matter whether a therapist keeps practicing when their license has expired or works without ever having had one. The board could take legal action and permanently prohibit you from the profession.
  • Autonomous practice by assistants—A licensed therapist must supervise occupational therapy assistants. If an assistant acts independently, they exceed their scope of practice and potentially harm clients. These violations result in penalties for both the assistant and the supervising therapist.
  • False or misleading advertising — A therapist who uses false or deceptive advertising misrepresents the therapist's qualifications and services. It is illegal to mislead the public about the therapy's effectiveness, make unfounded guarantees, or misrepresent credentials. The board imposes tough penalties against false advertising to prevent patients from being misled.
  • Ethical violations — Occupational therapists must not violate ethical principles in any situation. When rehabilitation professionals breach a client's confidentiality and fail to secure informed consent before acting or when they become involved in inappropriate relationships with a resident, these are generally ethical violations. The board aggressively prosecutes these violations, and punishments could include suspension and revocation of license.
  • Failure to meet continuing education requirements — Therapists must keep learning to ensure therapists stay current with best practices. If you do not have the required training, it shows a lack of concern for professional development and puts your patients at risk. The board will impose a fine, probation, or suspension.
  • Unauthorized advanced practices—A therapist must obtain board approval before performing advanced treatments, such as hand therapy or physical agent modalities. Using these techniques without proper certifications can harm the patient and result in disciplinary action, such as suspension or loss of license.
  • Failure to report personal or legal changes—Occupational therapists must inform the board of any changes in individuals or legal status. Failing to update licensure records disrupts oversight and could lead to administrative penalties or further scrutiny.

The California Board of Occupational Therapy reviews each case based on intent, harm done, and prior disciplinary history. Penalties increase based on the severity of the violation. Therefore, therapists who continually disregard regulations face disciplinary consequences.

The Administrative Hearing Process for Occupational Therapists

Many complaints against occupational therapists never reach the administrative hearing level as they are resolved otherwise. Discussions that do not result in an administrative hearing usually result in corrective action of some kind. These include:

  • Further education
  • Increased supervision 
  • A formal apology

The board does not take formal proceedings against minor violations but instead gives a citation with a fine. Sometimes, the complainant's lack of evidence or withdrawal of the complaint will terminate further action. You could also enter into a stipulated agreement with the board, allowing both parties to consent to the facts and disciplinary actions without needing a formal hearing. If the case is not resolved through stipulated proceedings or if a violation is grave, the matter will proceed to an administrative hearing.

When a complaint goes to an administrative hearing, the process becomes formal and judicial. An Administrative Law Judge (ALJ) oversees the proceedings during which the board and you, the therapist, present your cases. Evidence, documents, patient records, and expert testimony should support each side's position. The ALJ looks carefully at the evidence and considers several factors before deciding.

The disciplinary action will vary depending on how severe the violation was. A small mistake differs from a purposeful violation of ethical standards or the law. The ALJ also looks at whether you acted willfully or if it was an unintentional lapse in judgment.

Another important consideration is how this will affect patients and the profession. In cases where the breach caused physical, emotional, or financial harm, the judge assesses the extent of the damage. Your disciplinary history is also a factor. Varied and repeated misconduct shows behavior where stricter discipline is warranted.

Mitigating or aggravating circumstances affect the outcome. External pressures or personal challenges may lessen the perceived offense, while a lack of remorse or accountability may lead to a harsher outcome. The ALJ also considers the therapist's steps toward rehabilitation to avoid future violations. The primary aim is to protect the public, and disciplinary measures must safeguard patients.

After reviewing all the facts and arguments, the ALJ drafts a proposed decision containing findings, legal conclusions, and a recommendation for disciplinary action. The board could adopt, modify, or reject this decision. If the board alters or dismisses the ALJ's recommendation, it must state the reason for its decision based on the evidence.

The consequences will differ based on the severity of the violation. You could:

  • Have your license revoked or suspended
  • Be put on probation with restrictionMany complaints
  • Be required to pay a fine
  • Be required to take retraining or continuing education classes or 
  • Be publicly reprimanded

If you disagree with the outcome, you can appeal the decision. In other words, you have the right to appeal if you believe the decision was unfair or not supported by the evidence.

Disciplinary Actions for Substance Abuse

California takes drug and alcohol incidents very seriously in many ways. One of those ways is through assessments by a licensed professional with three or more years of experience. The purpose of this evaluation is to see if you have a substance abuse issue and what risk you pose. Based on the findings, they may recommend treatment, rehabilitation, or restrictions on practice. If you fail a drug test, you must cease practicing immediately, although you could apply for license probation to keep working under certain conditions.

If you are granted probation rather than suspension or revocation of your license, you will have to comply with strict conditions, including:

  • Not being arrested or convicted of a crime
  • Meeting all your probation reporting obligations
  • Showing up in person before the board when required
  • Informing your employer(s) of your probation
  • Completing any relevant continuing education
  • Remain under supervision
  • Notifying the board of any changes to your contact information

Conditions that are not mandatory may include:

  • Psychological or physical evaluations
  • Psychotherapy
  • Further clinical assessments
  • State-approved rehabilitation or 
  • Attendance at support groups 

Some terms may be negotiable, which may lead to lesser restrictions.

Moreover, you must reimburse the board for expenses associated with monitoring and investigation. If you face financial hardships, you may have up to one year to pay. Failing to pay then is a violation of your probation. If you stop practicing or leave California, your probation period could be tolled until you return.

Navigating these proceedings requires legal expertise. An experienced attorney can effectively present your case at administrative hearings, increasing your chances of a favorable outcome, including lowered penalties or even dropping the charges. This allows you to continue working.

Find a Professional License Attorney Near Me

Occupational therapy helps individuals with physical or mental challenges do everyday tasks. This has a positive impact on their day-to-day functioning and quality of life. As an occupational therapist, you dedicate yourself to helping others regain essential skills, but allegations of misconduct or board complaints can put your career at risk. Facing an investigation or disciplinary action is daunting, but you do not have to go through it alone.

At San Diego License Attorney, we specialize in defending occupational therapists charged with allegations that threaten their licenses and careers. We understand your field and the court system and will use that understanding to formulate your defense. Your reputation and future deserve the best protection possible. Call 858-665-2455 today for guidance and advocacy to safeguard your professional standing.