Occupational therapists and their assistants play a pivotal role in the lives of several people with injuries, illnesses, and disabilities. Unfortunately, despite your several years of training and much-needed services as an occupational therapist, keeping your practice license could be challenging, as can securing one. Any medical service you offer your client can put you at risk of formal complaints or lawsuits, putting your occupational therapist license at risk of suspension or revocation.

That is particularly true if your client has unrealistic expectations about your services or perhaps he/she is bribed by a competitor to ruin your reputation as an occupational therapist. Without the services of a skilled attorney, any allegation about your practice or work ethic could put your practice license in jeopardy, even if it is untrue.

If you are an occupational therapist facing allegations of professional misconduct, unprofessional conduct, or any other regulatory issue, our attorneys at San Luis Obispo License Attorney can help. We can help you fight for your rights and advocate for your best interests through every stage of the investigation and disciplinary process to secure the best possible outcome.

Understanding What California Board of Occupational Therapy (CBOT) is and its Mission

The CBOT is the agency responsible for regulating the practice of occupational therapy. Its primary mission is to serve and protect the public by ensuring all occupational therapists, including those who work under them, are well-qualified and adhere to the required professional guidelines.

The board is also responsible for issuing practice licenses, investigating complaints, and enforcing regulations and standards for occupational therapy. Securing your practice license as a certified occupational therapist can be exciting because you can chase your dreams and earn income using it. Unfortunately, losing the hard-earned license could take only one complaint about your services, work ethic, or a criminal allegation.

When that happens, retaining the services of an attorney is a decision you cannot regret. A skilled and seasoned attorney who understands the valuable services you offer and how straining it can be to secure an occupational therapy license can help you challenge the allegations you are up against for the best possible outcome.

Valuable Duties of Trained Occupational Therapists

Several people suffer from physical and mental impairments, which make it challenging for them to perform their daily chores and activities. That is where the services of a licensed occupational therapist become critical to help make them more reliant and improve their ability to perform their daily activities.

Many times, individuals involved in auto accidents or recuperating after extensive surgery will need the services of a certified occupational therapist to help them regain their full mobility and range of motion. During an occupational therapy session, your therapist can help you improve your motor skills, ability to dress, cooking, and time management skills.

Your duties as a certified and licensed occupational therapist could also involve training your clients to use different medical prosthetics necessary to aid them in performing their daily chores and adjusting to their new lifestyle.

As an occupational therapist, your duties could include keeping patient records and compiling required paperwork to file with insurance providers. In each role you play as an occupational therapist, you constantly assist patients in demanding circumstances and situations, sometimes exposing yourself to possible complaints that could jeopardize your practice license.

Sometimes, when working under pressure with very demanding individuals, it is possible to make an error, and it is very easy for some patients to file exaggerated or false allegations against you with the CBOT. Unfortunately, since CBOT's primary mission is to shield patients from unsafe medical practices, it treats any allegation against a licensed occupational therapist seriously.

Without a skilled attorney to offer aggressive legal representation, you could receive disciplinary action for a mistake or violation you did not commit. That is why retaining the services of an attorney is critical as soon as you receive notice of a complaint filed against you. If securing a dismissal of the case is impossible, a skilled attorney can help you secure a light or reduced penalty.

The CBOT Disciplinary Process

The CBOT’s disciplinary process begins with a complaint against a licensed occupational therapist. The complaint could be from a coworker, supervisor, patient or relatives of the patient, or any member of the public.

Once the board receives a complaint about you, it will decide whether it is worthy of investigation. If so, the board will send you an investigation notice, or investigators will visit you at your clinic to inform you of the allegations and your options. You are not obligated to answer the investigative officer's questions unless you have received your attorney's legal counsel.

Otherwise, you could unwillingly or unknowingly disclose information that could significantly limit your defense arguments on the alleged case. If the complaint you are up against is minor, the board could decide to handle the issue informally. The possible outcomes you should expect when that happens include:

  • A citation for a minor violation
  • A closure letter
  • A referral to the District Attorney's office for criminal or disciplinary actions

However, if the complaint you are up against suggests a serious violation, the board will hand over the case to the District of Investigation (DOI) for a formal investigation. When that happens, the board's investigators could reach out for an interview and request specific documents related to the alleged violation.

When a board investigator contacts you about the issue, you should speak with an attorney before signing any document or responding to their confusing questions. Then, the investigators will compile a detailed report about the investigation for the board to review. Sometimes, the board could consult with an expert witness before deciding the appropriate cause of action.

When the board sustains the allegations you are up against, it will refer the case to the District Attorney's office for formal prosecution. At this juncture, your attorney should be ready to handle the case through a settlement negotiation or challenge the allegations before an ALJ (administrative law judge).

What to Expect at the CBOT’s Administrative Hearings

While most disciplinary issues do not reach this stage, if your case does, your attorney can help you win a favorable outcome. During the administrative proceeding or hearing, an ALJ will listen to the evidence and arguments raised against you by the CBOT’s investigators and those presented to your advantage by your attorney.

Your attorney can assist you in presenting exculpatory and mitigating arguments before the ALJ and expose the weakness in the CBOT’s case against you to secure the best possible outcome. If necessary, your attorney can summon eyewitnesses to help you secure a favorable outcome, including dismissal of the case or a lighter disciplinary action.

In many cases, your presence during this administrative hearing is unnecessary. However, if your attorney believes your availability and testimony during this hearing can work in your favor to secure a desirable outcome, your attorney could ask you to show up during the hearing.

If your presence is vital, your attorney will let you know the hearing date and what you can say to increase your odds of securing a favorable outcome. On deciding the outcome of this hearing, the ALJ will consider many factors, including:

  • Your rehabilitation evidence
  • The number of complaints you are facing
  • The sophistication of the violation
  • Whether you cooperated with the investigating officers during the process
  • Whether you have any past criminal record for an offense that is related to your services as a licensed occupational therapist
  • Whether you have received any disciplinary action in the past
  • The nature and severity of the possible harm the patient could sustain in the future when you repeat the act
  • The available aggravating and mitigating arguments that could heighten or lessen your punishment or disciplinary action

Some of the penalties or disciplinary actions you should expect at the end of the administrative hearing include the following:

  • A stayed revocation
  • License suspension for up to one (1) year
  • License revocation
  • Stayed suspension or/and probation
  • Public reprimand

For grave offenses like failure to complete a board-ordered program, driving under the influence (DUI), gross negligence, or sexual abuse, the board will likely revoke your practice license as an occupational therapist.

However, the board is likely to suspend your practice license for minor violations, like unexcused attendance at required meetings, failure to submit any required documents on time, or any other offense that does not pose an immediate threat to patients.

If the ALJ grants you parole instead of suspension or revocation of your license, you should be happy because you will continue practicing occupational therapy. However, you must be ready to comply with certain terms and conditions, including:

  • Avoid a re-arrest or committing another offense
  • Agree to report to your board-probationary officer regularly
  • Make all the personal appearances the board requires
  • Let your current employer or prospective employers know about the probation
  • Agree to notify the board when you change your residence address
  • Agree to undergo psychotherapy
  • Agree to take frequent physical or psychological  examinations

The specific conditions and restrictions the board will require you to adhere to when granted probation will depend on the unique facts of your violation. However, with the help of your attorney, you can negotiate less harsh and restrictive probationary conditions.

It is also worth noting that the board could require you to pay the cost incurred during the investigation process and your supervision during parole or probation. If you have financial hardships, the board could give you up to one year to finish making the payment.

How to Appeal the Outcome of the CBOT’s Administrative Hearing

After the board's administrative proceeding, you can accept the results or seek to overthrow the judgment by filing an appeal. In some disciplinary cases, the CBOT's decision could mean the difference between continuing your practice or losing the license forever. For instance, when the board revokes your license due to incompetence, you cannot continue practicing occupational therapy afterward.

In that case, you should consider filing an appeal with the appellate court because losing your hard-earned occupational therapist practice license could significantly affect your livelihood and financial ability to care for your family. Generally speaking, you have up to thirty (30) days from the specific date you received the CBOT's decision to submit your appeal petition with the court.

Once your attorney submits the appeal petition, the board's decision to revoke your license will remain on hold until the superior court decides on your appeal. The outcome of the appeal petition will depend on the facts of your case and the viability of your attorney's mitigating arguments.

Reasons Why You Need an Attorney After Receiving the Board’s Notice of Investigation

Retaining the services of an attorney can mean the difference between license revocation and retaining your occupational therapist practice license if you have received the CBOT’s notice of investigation. Aside from being your legal counsel, the attorney you choose to hire can help you:

  • Investigate the details of your unique case and Interview eyewitnesses to prepare defense arguments
  • Negotiate with the involved client for a favorable settlement
  • Challenge the allegations you are up against at the administrative hearing
  • File an appeal when dismissal of the case is impossible

The success of your case will also depend on the reliability of the attorney you choose. Ensure the attorney you choose for legal representation is:

  • Qualified and experienced
  • Credible and reputable
  • Available and accessible
  • Legally licensed
  • Courteous and respectable

The sooner you hire an attorney after receiving notice of a complaint filed against you or an alleged criminal offense, the better your odds of securing a favorable outcome.

Find a Credible License Defense Attorney Near Me

It is natural and understandable to worry once you learn that you are under arrest or investigation by the CBOT due to a criminal allegation or complaint filed against you, but you have options. With the assistance of a competent attorney, you could convince the board to dismiss your case or secure a lighter penalty.

At San Luis Obispo License Attorney, we can develop proactive defense arguments to address and challenge the allegations you are up against to secure a favorable outcome. We invite you to call us at 805-465-2766 to schedule your initial consultation with one of our seasoned attorneys.