The California Board of Occupational Therapy oversees the issuance of licenses to become an occupational therapist or an assistant. The board is part of the Department of Consumer Affairs. It has the authority to deny, suspend, or revoke your license like other licensing boards if you have been convicted of an offense or accused of unprofessional conduct. When applying for a license, you must submit to Live Scan fingerprinting to determine if any criminal record exists. You should consult an experienced professional license attorney if you are an occupational therapist or applying to become one with a criminal record. Our committed attorneys at the Riverside License Attorney can handle your case and negotiate with the board on your behalf to achieve the best possible outcome for your case.

The Role of an Occupational Therapist

An occupational therapist is a healthcare professional who has undergone training in therapeutic approaches, which revolve around the ability of patients to perform different tasks. It is a therapy or rehabilitation after illness or injury. Occupational therapists work with patients to assess their motor skills and range of motion. They also evaluate the patients' ability to perform tasks like:

  • Combing hair
  • Tying shoes
  • Dressing, and
  • Other occupational activities

An occupational therapist's duties involve meeting patients and discussing treatment plans. They are also responsible for initiating therapeutic methods to improve patients’ abilities to perform basic functions. An occupational therapist can also work with a physical therapist, approaching patient care with a combined therapy plan to improve the patient's health.

As an occupational therapist, you could also work with patients who have or are recovering from the following illnesses:

  • Different types of cancers
  • Stroke
  • Automobile accidents
  • Cerebral palsy
  • Behavioral and mental health problems
  • Multiple sclerosis
  • Balance problems
  • Low vision
  • Spinal cord injury
  • Diabetes
  • Chronic pain
  • Arthritis, and
  • Joint replacement surgery

Most of the above conditions are complicated and require comprehensive medical care. An occupational therapist can, therefore, coordinate care with other health experts. For example, he/she can work with a physical therapist to set goals for a patient with mobility problems. A therapist can also discuss progress with the patient’s physician. Occupational therapists can also update family members and caregivers with the patient’s permission. Therapists serve as educators and caregivers and train family members on how best to support patients with chronic conditions.

Occupational Therapist License Board

The California Board of Occupational Therapy has existed since 2000. It was established after the passing of the Occupational Therapy Practice Act. Under this law, you must be licensed as an occupational therapist before you are allowed to practice. The primary purposes of the board are:

  • To certify occupational therapy assistants and license occupational therapists
  • To investigate cases that allege misbehavior by licensed therapists or certificate holders

There are laws and regulations that occupational therapists must adhere to, starting from the moment they apply for the license. They must also pass a specialized exam and qualify. You must maintain your license by adhering to the rules as an occupational therapist. The board can punish you following professional misconduct or breaking other laws. Any punishment that the board imposes is a public record. Anyone can access the board’s website and view the list of punished occupational therapists and their license numbers. Being on this list alone could negatively affect your practice and reputation, regardless of the nature of the misconduct.

License Applications, Denials, And Statements Of Issues

Applying for an occupational therapist license is exciting since it is the last hurdle before you start practicing. The application process with the board is simple for some graduates. For some, however, prior criminal convictions or other issues can prevent them from acquiring licenses. When this happens, you should hire a license attorney to complete and file the application. A reasonable attorney will fight to secure the best chances of having your application granted.

If you submit your license application, you are not locked out of your profession, and the board rejects it. A denial of your application is known as a statement of issues. Your attorney can defend you and negotiate with the board to ensure you receive your professional license. An attorney can also bargain for favorable terms and conditions if you must be on probation.

What Is An Allegation?

An allegation is a formal complaint drafted by the office of the Attorney General. It highlights several causes of action against you that could stem from conviction of an offense. It also highlights the accusations of other misconduct, like deviation from the standard of care or substance abuse. Once served with an accusation, you have only 15 days to send a Notice of Defense. A default order could be rendered against you if you miss the deadline. This could attract the revocation of your license. If an accusation has been filed against you, you should hire an experienced attorney. You should act fast because time is of the essence, and your livelihood and career could be at stake.

The Occupational Therapy Board Complaint Process

The disciplinary process for an occupational therapist begins with an accusation that the following individuals can file:

  • An insurance company
  • A co-worker
  • A supervisor
  • A member of the public
  • A patient or a family member

In some situations, a government agency could inform the board about your violation of the Business Code.

Once it receives the complaint, the licensing board will issue an acknowledgment letter and open a file. In addition, after reviewing the nature and severity of the allegation, the licensing board will determine whether a formal investigation is warranted. An investigation could lead to a citation for a technical violation, a closure letter, or a referral to the District Attorney or Attorney General’s office for disciplinary or criminal actions.

The case could be referred to the Division of Investigation (DOI) if the board determines that a formal investigation is warranted. The Division of Investigations will inquire by contacting you requesting documentation or an interview. You should avoid talking to the investigators or sign any paperwork, even if the investigator contacts you. You should only disclose information to investigators after consulting your attorney.

The Division of Investigations will prepare the investigation report and hand it over to the board. The board, on the other hand, will consult expert witnesses if necessary. If the complaints are sustained, your case could be referred to the Attorney General for filing a formal accusation. At this point, your case would go to a hearing before an administrative law judge (ALJ). Alternatively, your case can be resolved through a stipulated settlement. The board's punishment will depend on whether you commit a major or minor violation. Major violations include:

  • Committing several minor violations of probation terms and conditions
  • Committing any alcohol or drug crime that is a violation of the professional laws or a federal or state statute like DUI
  • Treating a patient while under the influence of alcohol or drugs
  • Failure to complete a board-ordered program
  • Insurance fraud
  • Hiring unlicensed assistants to serve under you in duties that require a license
  • Using fraud to secure your occupational therapist license
  • Operating without a legit license. This could complicate your process of securing a license in the future. However, there are ways of securing a license if you understand the legal landscape
  • Illegally altering a physician-ordered prescription

Minor offenses could include:

  • Failure to contact a monitor as required
  • Unexcused failure to attend required meetings
  • Failing to submit necessary documents on time
  • Other crimes that do not present a threat to yourself or the public

The Administrative Law Judge considers multiple factors before imposing discipline. Some of the factors include:

  • Whether you cooperated with the board investigators
  • Evidence of rehabilitation or mitigation
  • Any previous disciplinary record
  • The actual and potential harm to others
  • The nature and severity of the crime
  • Whether or not you agree you committed a mistake and whether you are likely to repeat the mistake in the future
  • Whether you face a single violation or several violations
  • If you have an adverse criminal history related to your duty as an occupational therapist, how long ago you committed the offense, and whether you complied with the probation terms
  • The potential harm could have occurred or occurred in the future if the crime were to be repeated

The penalties you could face include:

  • License suspension or revocation for a period that does not exceed one year
  • Probation
  • A stayed suspension
  • A stayed revocation

Violating the Business & Professions Code or another law attracts severe consequences. You should hire an attorney as soon as possible if you are under investigation by the Occupational Therapy Board. Your attorney will fight for you and protect your rights throughout the process.

Board Investigations

The board can instigate an investigation if someone files a complaint against you. Your attorney can request a copy of the allegations and help you prepare a statement of defense. An attorney will also prepare you for the investigation interview and represent you at the interview with the investigator. You should hire an experienced attorney to walk with you during the investigation interview to help you respond to the questions. They will also guide you on when to keep quiet. If you receive the right advice and counsel, an investigation could end at the interview stage. If not, the board can decide to file a formal complaint against you, known as an Accusation.

How Your License Attorney Can Help

You might be scared and overwhelmed when you realize the licensing board is investigating you. Sometimes, you will be tempted to ignore them, hoping the accusations will cool down. the licensing board will likely request specific paperwork or an in-person interview with you. Ignoring the board investigators could have dire repercussions on your professional license. Your attorney will come in handy at this point. An attorney will create a proactive defense strategy to fight the allegations against you and guide you on responding to the board’s investigators in the early stages. To negotiate best, your attorney will perform their own investigation and gather sufficient evidence to support your case.

In some situations, an attorney can persuade the board and its investigators that you did not commit any crime and the case should be dismissed. He/she could also provide evidence to prove the violation was technical, and a citation would be better.

If your case proceeds to the Attorney General’s office and a formal complaint is filed against you, your attorney can contact the board to bargain for a stipulated settlement. A settlement is the best option, especially when the potential punishment is a suspension or revocation of your license.

Your attorney will represent you in a hearing where a settlement cannot be achieved. An attorney can present a factual defense to the accusations while considering the factors the board considers before imposing disciplinary action. One of the defenses your attorney can present includes testimony from expert witnesses.

Your attorney can also gather evidence of rehabilitation and mitigating factors. The attorney can also present other relevant information to persuade the board to impose a lesser punishment. 

You should not take any chances when your license and ability to work as an occupational therapist are on the line. A reputable attorney will work hard to advocate for you and to protect your best interests.

Find An Experienced License Defense Attorney Near Me

If you are an occupational therapist and your license is at risk, you need an experienced licensed defense attorney that you can count on. An attorney is also handy if the board denies your initial license application. At the Riverside License Attorney, we have experienced attorneys who provide reliable legal services. It does not matter how intricate the allegations against you are. Our attorneys have what it takes to create a convincing defense and seek the best outcome for your case.

We are committed and reliable attorneys in Riverside. We have helped many occupational therapists defend their licenses and achieved positive outcomes for their cases. We will negotiate with the board to drop the allegations against you. If disciplinary action is inevitable, we can negotiate for a lesser punishment.  Contact us at 951-404-0569 to talk to an attorney.