Occupational therapists are often unsung heroes for many patients who are recovering from an accident or illness. For other patients, occupational therapy enables them to acquire the skills necessary for independent living. Although many people don't fully understand what occupational therapy entails, for those who receive it, it is a lifeline. However, each year, numerous occupational therapists find themselves defending their licenses before the California Board of Occupational Therapy (CBOT). These therapists understand that the CBOT may suspend or even revoke their licenses, leaving them unable to work in their chosen field. Disciplinary proceedings can devastate or even end careers for some license holders.
If you are facing discipline before CBOT, don't give up or fall into despair. The Lento Law Firm's Professional License Defense Team is dedicated to defending the licenses and reputations of hardworking professional therapists in California. We have a proven track record of defending professional licenses in California and nationwide, and we can help you. Call 888.535.3686 or leave your details online to connect with an attorney who has the experience you need for the best possible disciplinary outcome.
California Board of Occupational Therapists (CBOT) Mandatory Licensing
California law provides for the mandatory licensing of all occupational therapists and occupational therapy assistants. Under the California Business and Professional Code, Section 2570.3, no one may practice occupational therapy in California unless they have a valid and current license from the California Board of Occupational Therapy. If the Board revokes or suspends a license, the licensee must cease to practice.
California Board of Occupational Therapy Disciplinary Authority
California's Occupational Therapy Practice Act, codified in Chapter 5.6 of the state's Business and Occupations Code, creates the California Board of Occupational Therapy. Section 2570.26 of the Act authorizes the Board of Occupational Therapy to discipline occupational therapists. This section provides that the Board, after a hearing, may deny, suspend, or revoke a license or may place a license holder on probation. The Board devotes considerable time and resources to the discipline of license holders in California.
What the California Board of Occupational Therapy Charges Mean
If the Board of Occupational Therapy has notified you that there is pending discipline against your license, you should be concerned. The Board has the authority to revoke or suspend your license, or to order limitations on your license. They may place you on probation or order you to complete continuing education or counseling. If you fail to respond, they may take this action without your participation. If the Board revokes or suspends your license, you will no longer be able to practice. For most people, this means losing their employment or the ability to earn a living.
Considering how long and hard you have worked to begin your practice, it is unthinkable that you would fail to take action now. Your license and good name are valuable assets. The Lento Law Firm is here to help you protect your license and defend yourself against proposed discipline. Even if the charges against you are largely or entirely true, you can take action to protect your license. This may involve presenting mitigating evidence to explain your actions or to demonstrate that you are rehabilitating or taking steps to prevent the recurrence of the issue. The Board is required to hear this type of evidence and to consider it in their decision-making regarding discipline.
The Nature of California Board of Occupational Therapy Disciplinary Charges
A disciplinary action by the California Board of Occupational Therapy is not a criminal case and does not involve a court proceeding. Instead, discipline against license holders involves administrative proceedings. An administrative proceeding may resemble a court, but the “judge” will be a hearing officer, who will decide issues rather than a jury. While the Board may have limited authority to fine a licensee, this is not a civil lawsuit. However, the administrative proceeding is crucial to a license holder's ability to work and earn a living. For this reason, there is a great deal at stake when you appear before the Board of Occupational Therapy. No one should ever face charges without an experienced license defense attorney on their side. The Lento Law Firm is dedicated to helping license holders in California and nationwide.
What Allegations Put a California Occupational Therapist's License at Risk?
Discipline issues are common among licensed professionals in California. California's Occupational Therapy Practice Act outlines specific groundson which the California Board of Occupational Therapy may discipline a licensed occupational therapist. Some grounds may require further explanation, while others are clear. Grounds for discipline in California include:
- Unprofessional conduct.
- Incompetence or gross negligence in professional functions.
- Repeated negligence in professional functions.
- Conviction for practicing without a license.
- Advertising in violation of professional rules and regulations.
- License disciplinary action in another state or jurisdiction.
- Fraud in the application process.
- Violating professional rules or conspiring to violate rules.
- Conviction of a crime or offense substantially related to the practice of occupational therapy.
- Taking an occupational therapy practice examination for someone else.
- Allowing another person to use your license to practice.
- Fraud or other misrepresentation that is substantially related to the practice of occupational therapy.
- Committing “any act punishable as a sexually related crime.” (This provision does not appear to require a conviction as long as the act is related to the function or practice of occupational therapy.)
- Using excessive force or mistreating or abusing a client.
- Falsifying a hospital or treatment record.
- Altering a prescription or falsifying written orders (even if this does not result in actual harm to the client or another person).
- Failing to maintain client confidentiality.
- Failure to protect a client, including failure to follow infection control guidelines, unless there is good cause.
- Drug violations, including possession of a controlled substance.
- Drug or alcohol abuse that puts the licensee or others at risk or impairs the ability of the licensee to practice.
If you have questions about what constitutes 'unprofessional conduct,' ' negligence,' or other grounds, please contact the Lento Law Firm to speak with an experienced attorney.
What Factors Will the Board Consider in Discipline Decisions?
California law spells out clearly what factors the Board must consider in determining whether to discipline an occupational therapist. These factors include:
- The nature and severity of the offense.
- Whether the offense harmed someone or potentially could have harmed someone.
- Prior discipline, if any.
- The number of violations at issue.
- Evidence that lessons (mitigates) responsibility of licensee.
- Evidence that the licensee has rehabilitated themselves.
- If the matter involves a criminal conviction, the sentencing for that conviction is by a court.
- Criminal record of licensee, if any.
- The passage of time since the offense occurred.
- The cooperation of the licensee.
- Whether the licensee recognizes wrongdoing and has taken corrective action to prevent further violations.
These factors may be incredibly helpful in mounting a defense to charges. For example, if you have a criminal conviction, demonstrating lenient sentencing or efforts at corrective action may be beneficial. If the issue is one of substance abuse, subsequent actions to seek counseling and treatment may be helpful. If you have questions regarding any of these factors, contact the Lento Law Firm to speak with an experienced license defense attorney.
California Board of Occupational Therapy Uniform Discipline Ranges
While California law does not mandate levels of discipline for each type of license violation, the Board has published Disciplinary Guidelines. These Disciplinary Guidelines provide minimum and maximum penalties for all common types of disciplinary charges. For example, for a controlled substance violation, the minimum penalty is a stayed revocation and three years of probation, and the maximum penalty is an outright revocation (loss) of the license. For unprofessional conduct, the minimum penalty is a stayed revocation and a thirty-day suspension with three years of probation, while the maximum penalty is outright revocation. The Board has wide latitude to decide discipline, even for such serious matters as sexual misconduct or criminal convictions. The Board may decide to allow the therapist to continue practicing (albeit under supervision) even if it finds a serious violation. This is why it is so crucial to present your case properly and thoroughly before the Board.
California Board of Occupational Therapy Complaints
The Board of Occupational Therapy receives complaints against occupational therapists in the state of California. These complaints are typically filed by clients, their families, or colleagues. Sometimes, a complaint against an occupational therapist originates from another agency or law enforcement. At other times, the complaint is initiated by the Board as a result of mandatory reporting of a criminal conviction. Regardless of the source of the complaint, if it presents a valid issue, the Board will refer it for investigation.
California Board of Occupational Therapy Investigations
If a complaint requires an investigation, the California Board of Occupational Therapy will refer it to the Division of Investigation. The Division of Investigation will investigate and prepare a report to be submitted to the Board of Occupational Therapy. The investigator assigned to the case is likely to contact you for information if you are the subject of a complaint. If you learn that you are under investigation, it is vital that you contact experienced counsel immediately. The Lento Law Firm can assist you in preparing for an interview or gathering documentary evidence for the investigator. It is essential that you have a plan for your defense and that you follow it. If you fail to respond fully and accurately at this point, or if you make critical errors, it may be too late to rectify the situation later on. At this point, your attorney can initiate negotiations, which may prevent the complaint from proceeding further or becoming public. In some cases, your attorney may be able to negotiate a dismissal of the charges. Don't wait if you are aware of a pending investigation—call the Lento Law Firm immediately.
California Board of Occupational Therapy Consent Agreements
California's Board of Occupational Therapy may ask a license holder to enter into a consent agreement regarding disciplinary charges. This will involve the license holder admitting some fault and committing to a course of action to rectify the issue. When faced with a consent agreement, many license holders view it as an opportunity to avoid a hearing and discipline, but often fail to consider whether they can comply with the terms. It is critical to remember that a failure to comply with a consent agreement will result in an automatic suspension or revocation. An experienced license defense attorney can advise you on favorable terms for a consent agreement and can help you avoid pitfalls. A consent agreement in one state may affect your license in other states and your future ability to secure a license in another state. Therefore, it is essential to consult counsel before signing a consent agreement. The Lento Law Firm Team can help you understand and negotiate a consent agreement in your best interests.
California Board of Occupational Therapy Formal Hearings
The California Board of Occupational Therapy will forward unresolved cases to the state Attorney General's office for a formal hearing. This formal administrative hearing is conducted before an administrative law judge, who will hear evidence and issue a decision. The administrative law judge will write findings and a rationale for all pending charges and will forward this decision back to the Board. The Board will then vote on whether to accept or reject the administrative law judge's findings. As a practical matter, the Board typically accepts the findings of the administrative law judge; therefore, it is crucial to present your evidence fully and persuasively.
At the hearing, your attorney has the opportunity to examine and cross-examine witnesses and file a hearing brief arguing your case. It is very difficult for any layperson, even a very competent and intelligent professional, to present evidence and effectively represent themselves at this hearing. If it is clear that the charges are going to the hearing stage, contact the Lento Law Firm as early in the process as possible.
Professional License Defense Team for California Board of Occupational Therapy Charges
The disciplinary process before the California Board of Occupational Therapy is long and difficult. No one should face this process without the assistance of an experienced license defense attorney. The Lento Law Firm Professional License Defense Team has a proven track record of success. Trust the team, as hundreds of other licensed professionals have done. Call 888.535.3686 or contact us online and we will reach out to you.
