Becoming an occupational therapist or occupational therapy assistant in California is not easy. You must go through years of intensive training and perseverance in a complex study course. You must also go through the tedious, expensive process of applying for and securing your professional license. Despite all this, a single mistake or criminal accusation can jeopardize your occupational therapy license.

You could face lawsuits and formal complaints in any medical practice, especially in occupational therapy. Occupational therapists help patients overcome certain medical conditions and disabilities. The California Board of Occupational Therapy will quickly investigate any accusation against you. The board protects the public by restricting licensing and punishing allegedly unprofessional or unsafe conduct. If you face allegations that could risk your occupational therapy license, our attorneys at the Oakland License Attorney can represent you. We will ensure that you receive fair treatment and do everything possible to protect your license.

The Duties Of Occupational Therapists

Many people suffer mental or physical impairments, which makes it hard for them to engage in their daily activities. People with disabilities struggle to do the things that physically fit people take for granted. An occupational therapist or occupational therapy assistant comes in handy to help these people become self-reliant. Occupational therapists also help them develop and improve their skills to carry on their daily activities.

People who suffer injuries in accidents, those recovering from major surgery, and those victimized during a crime require an occupational therapist to regain their normal ability to function. Occupational therapy involves helping impaired people in a wide range of areas, including:

  • Improvement of motor skills
  • Learning how to prepare or get dressed in the morning
  • Cooking and eating
  • Managing time and money

An occupational therapist is also responsible for teaching patients how to use different devices, which will assist them adjust to a new lifestyle. In addition, occupational therapists or assistants have to keep patients' records accurate and file crucial paperwork to insurers.

In every duty, occupational therapists assist patients in very demanding circumstances. They also keep exposing their professional licenses to the risk of suspension or revocation. It is easy to make mistakes when entrusted with many complex duties and working under heavy pressure.

If anything goes wrong as you execute your duties, it is easy for false or exaggerated allegations to be cast against you. The friends or relatives of a patient could claim you are liable just because you worked closely with the patient. If you face allegations, you need to seek the services of an attorney who understands the valuable roles you fill and the risks you take.

A license attorney understands the broad spectrum of the potential allegations you could face. An attorney also knows how to develop a solid defense to fight each accusation. With the help of an attorney, you will know when and how to bargain with the board for a lesser punishment when it is impossible to drop your charges.

Disciplinary Action Undertaken By The Board Of Occupational Therapy

The patients and their relatives could report any Occupational Therapy Practice Act violation to the Board of Occupational Therapy. They could also report you to the board if you violate any Business and Professions Code or other regulations governing your profession.

When this happens, the board will determine if the allegation is worth investigating. If the allegations against you are significant, the board will serve you with a notice of investigation. You could also receive a call or be visited by an investigator the board employs. You should avoid answering any questions from the investigator until you consult your attorney. If you answer any of the investigator's questions, you could incriminate yourself unintentionally or limit your possible defense strategies.

The official disciplinary guidelines of the California Board of Occupational Therapy are available online. The Administrative Law Judges (ALJs) who preside over administrative hearings use these guidelines when handling crimes committed by occupational therapists and their assistants. The guidelines are strict standards that must be enforced in substance abuse cases and related issues. In some cases, your attorney could negotiate for a lesser punishment by presenting mitigating factors if your case cannot be dismissed.

The following are the common formal allegations that could be presented during an administrative hearing:

  • Sexual abuse or misconduct involving a patient
  • Failing to comply with proper infection control standards
  • Altering a physician-ordered prescription illegally
  • Misleading or false advertising techniques
  • Securing your occupational therapist license by fraud
  • Having a criminal charge, be it a misdemeanor or felony, which is substantially associated with your ability to continue your practice safely
  • Failing to maintain proper patient confidentiality
  • Dealing in unlawful drugs or prescription drugs unlawfully
  • Alcohol or drug abuse, mainly if you do it while at work
  • Keeping misleading or otherwise faulty patient records
  • Incompetent performance, ordinary negligence, or gross negligence of your professional duties
  • Insurance fraud and other forms of fraudulent activity
  • Giving a chance unlicensed assistants to work under you in roles that require a license
  • Practicing without a license. This could make it hard for you to seek a valid license later on.
  • Any form of mental, physical, or financial abuse of a client

You could face an immediate order forcing you to stop your practice during the investigation if you commit the following crimes:

  • Violating your terms of probation
  • Failing to submit to the clinical diagnostic evaluation ordered by the board
  • Treating patients while intoxicated

Minor accusations that do not involve an immediate threat to a patient, the public, or yourself will not attract immediate board action.

License revocation is the maximum form of discipline that the board could issue for most violations. However, your attorney could negotiate a less harsh punishment. Minimums for most crimes are usually 30 days of actual suspension followed by three years of license suspension. Sometimes, the minimum punishment for some crimes could be more or less than this general rule. You can win a dismissal if you consult an experienced license defense attorney. If it is impossible, you could always get closer to the minimum rather than the maximum punishment.

Administrative Hearing

You can gain a favorable plea offer or win your case before an administrative hearing. Most cases do not reach the administrative hearing. A reputable license attorney will develop a strong defense for your case that could help you gain concessions.

The Administrative Law Judge (ALJ) will hear the evidence that investigators present against you during the hearing. Your attorney could present mitigating and exculpatory evidence in your favor. An attorney could also expose any misleading or weak testimony through cross-examination, calling expert witnesses, and other means.

In most cases, you are not required to attend the hearing in person since your attorney can present you. However, sometimes, your presence and your explanation could be beneficial to your own cause. A skilled attorney will help you know when to show up and what to say and do. Most people who go to the administrative hearing solely end up in deeper trouble. You could let sentence reduction, probation, or dismissal slip away easily. Having an attorney by your side will guide you every step to increase your chances of success.

The Administrative Law Judge will consider the following while rendering their ruling:

  • Evidence of rehabilitation
  • Any prior disciplinary actions taken against you by the board
  • If you admit your mistake and how likely you are to repeat it in the estimation of the Administrative Law Judge
  • If you cooperated with the board during the investigation
  • Whether you have a criminal history pertinent to your role as a therapist, the duration over which the crime occurred, and if you complied with your court-ordered probation terms
  • All mitigating and aggravating factors that could reduce or increase the punishment.
  • If you face a single crime or several crimes currently
  • If any actual harm happened to a patient or someone else
  • The potential harm that resulted or could result in the future if you repeat the act
  • The nature and severity of the alleged offense

There are strict standard penalties in the case of drug or alcohol-related crimes. A clinical diagnostic evaluation will be performed to determine if you truly have a substance abuse problem. A licensed professional with three years of experience will carry out the evaluation. The evaluation could also be used to determine if you are a threat to yourself or others. The professional will give several recommendations for rehabilitation, treatment, and restrictions on practice during the process. You could be ordered to cease practicing if you test positive in a drug test. However, it is possible to secure license probation and continue with your profession.

You can continue to practice if the judge gives you probation as opposed to a license suspension or revocation. However, the judge could impose certain restrictions and requirements. The following are standard probation conditions you could face:

  • Informing the board of any change of contact or address information
  • Being under some form of supervision
  • Fulfilling continuing educational courses related to your crime
  • Notifying your employer or employers of the probation
  • Making all needed personal appearances before the board
  • Complying with probation reporting
  • Avoiding all criminal arrests or convictions while on probation

Alternative probationary conditions can include:

  • Attending facilitated support group meetings
  • Completing a state-approved rehabilitation program
  • Submitting to a clinical diagnostic evaluation
  • Undergoing psychotherapy
  • Taking psychological or physical exams

Your attorney can also help you seek less severe probationary conditions.

You will also be liable for "Cost Recovery." In this case, you will be required to pay back the board for monitoring you during probation and the cost of the investigation. Under financial hardship, it is possible to get up to a year to pay. If you fail to pay, you could be charged with a probation violation.

If you discontinue your practice or move out of the state, that will be "tolled" on your probation period, extending the probationary period.

Filing Appeals

You can accept the board's decision or seek to overturn it after the administrative hearing. In most situations, the board's decision will not turn out in your favor. For example, you could be issued adverse probation conditions or have your license revoked even after your attorney builds a solid defense.

You and your attorney could appeal to the superior court if you feel that the administrative law judge did not give a reasonable ruling after considering the evidence of both parties. If your attorney provides convincing evidence, the superior court could reverse the ruling under California's Code of Civil Procedure (CCP) section 1094.5. It is always advisable not to give up so easily when defending your career.

Your attorney could use a writ of administrative mandamus to institute an appeal to the superior court. You must make your appeal within 30 days from the date of the board's decision. Your attorney will combine your appeal with an ex parte application to stay the penalties issued by the board. This way, you will continue your practice until the appeal is heard and decided. For example, your license will not be canceled if the board has issued an order to revoke it. You will continue practicing until the superior court makes its ruling.

If you are not satisfied with the superior court's ruling, you could appeal to the district court of appeal. You are required to make your appeal within 60 days of the ruling's date. Your attorney could still use a writ of supersedeas to stay the board's punishment.

The appeals could last for a period that is not one year. This is why, when filing an appeal, your attorney will request a stay of implementation of the board's decision. If the stay application prevails, you will continue enjoying all the privileges of being a certified occupational therapist.

Find a Reputable Professional License Attorney Near Me

Are you an occupational therapist or assistant in the face of criminal allegations or professional discipline? You should not panic. With the help of an experienced license defense attorney, you can preserve your hard-earned professional license. At the Oakland License Attorney, we take pride in being the go-to license defense attorneys. When you contact us, we will evaluate your case and chart the best defense strategy to enhance a favorable outcome. Contact us at 341-234-0408 to speak to one of our attorneys.