Becoming a licensed occupational therapist (OT) in Colorado is no small feat. It represents years of dedication, rigorous education, and a deep commitment to improving the lives of others. You've likely poured countless hours into your practice, building your reputation as a skilled and compassionate professional. So when a complaint arises that could affect your licensure, it's only natural to feel overwhelmed and uncertain about what comes next. After all, your license isn't just a credential; it's the foundation of your career, your livelihood, and the trust your patients place in you.
The Colorado Office of Occupational Therapy takes its role seriously in regulating the profession. Tasked with ensuring that all OTs meet high standards of ethics, professionalism, and conduct, the Office upholds the integrity of the field while protecting patients and the public. While this is important, it can also work against OTs when unfair allegations of misconduct arise because public safety takes priority, and there is no guaranteed presumption of innocence. A single complaint can trigger an investigation by the Division of Professions and Occupations (DPO), which determines your guilt or innocence based on the preponderance of the evidence standard. Should the investigation uncover grounds for disciplinary action, the Division Director has the authority to issue penalties ranging from fines to the suspension or even revocation of your license.
Navigating this process alone can feel like an uphill battle. You may find yourself questioning every decision you've made or wondering how to even begin addressing the accusations. With the right attorney in your corner, however, you have a much better chance of resolving the issue favorably. With extensive experience defending occupational therapists nationwide, the Professional License Defense Team at the Lento Law Firm knows how these disciplinary proceedings work and how to position you for the best possible outcome. Whether you practice at Craig Hospital in Englewood, Denver Health, or Aspen Valley Hospital, we're here to provide the guidance, knowledge, and defense strategy you need to safeguard the career you've worked so hard to build. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online form.
How OTs are Regulated in Colorado
Occupational therapists in Colorado are licensed and overseen by the Colorado Office of Occupational Therapy. This office operates under the Division of Professions and Occupations (DPO), which is part of the Department of Regulatory Agencies (DORA). Unlike other licensing agencies which operate by a board or a committee, administration of OTs in the state is directly overseen by the Division Director, who is responsible for the enforcement of practice standards and scope of practice for OTs as detailed in the Occupational Therapy Practice Act (C.R.S. Title 12, Article 270) and the accompanying rules and regulations.
Both the statute and associated rules are necessary for OTs to follow, establishing the baseline for legal and ethical compliance. Failure to adhere to these laws and regulations can trigger actions by the DPO, up to and including investigations or disciplinary hearings. Maintaining compliance is not only vital for protecting your license but also crucial for preserving your career and professional reputation in Colorado's tightly regulated healthcare environment.
Common Violations that Can Put an OT's License in Jeopardy
Occupational therapists (OTs) in Colorado are held to high professional and ethical standards to ensure excellence in practice as well as maintaining public trust. The Occupational Therapy Practice Act details numerous behaviors that can trigger disciplinary actions, up to and including suspension or revocation of licensure. Some of the most common allegations that can jeopardize your license as an OT include the following.
Practicing Without a Valid License
Colorado law strictly prohibits any individual from offering or practicing occupational therapy without an active license. Whether this occurs because you simply allowed your license to lapse and failed to renew it, or whether you are accused of deceiving the public about your credentials, such actions can lead to regulatory sanctions and possible permanent loss of license.
License Application Fraud
Providing false information during the license application or renewal process is explicitly prohibited. Submitting fraudulent documents, forging credentials, or assisting someone else in deceptive licensing practices can lead to immediate license revocation and damage to professional reputation.
Substance Abuse and Impairment
Not only can being impaired by drugs or alcohol while practicing result in disciplinary action, but drug and alcohol abuse even off-the-job can call into question an OT's ability to practice safely. The Division Director may consider leniency if the practitioner chooses to participate in an approved rehabilitation program--or in some cases, sanctions may include a requirement to enter such a program as a condition of keeping one's license.
Criminal Convictions
Certain criminal activities, particularly felony convictions or those directly related to the practice of occupational therapy, are grounds for disciplinary action. Crimes involving fraud, abuse, or moral misconduct are especially problematic and can lead to the suspension or revocation of licensure.
Sexual Misconduct or Boundary Violations
The therapeutic relationship relies on trust, and any form of sexual misconduct with a patient is a severe breach of that trust. Colorado explicitly prohibits OTs from engaging in sexual contact with clients during or shortly after the therapeutic relationship. Such actions invite strict penalties, often resulting in license suspension or revocation.
Substandard Care or Negligence
Practicing in a way that departs from accepted professional standards is another leading cause of disciplinary action. Examples include failing to provide clinically justified treatments, disregarding safety protocols, or otherwise delivering incompetent or negligent care to patients.
Improper Supervision of OTAs or Aides
OTs have a legal responsibility to supervise occupational therapy assistants (OTAs) and aides appropriately. Failure to provide adequate oversight or allowing OTAs to exceed their scope of practice can result in regulatory scrutiny and sanctions.
Documentation Errors
Accurate and honest recordkeeping is critical in occupational therapy. Falsifying treatment records, omitting essential information, or making misleading entries in patient files all constitute violations that can endanger both patients and one's license.
Insurance Fraud or Billing Misconduct
Dishonest billing practices, such as overcharging, using improper billing codes, or submitting fraudulent claims to insurance providers, can trigger investigations and disciplinary actions. Such misconduct not only violates ethical practice standards but also legal requirements.
The Disciplinary Procedure for OTs in Colorado
The Division of Professions and Occupations (DPO) is responsible for managing disciplinary cases involving occupational therapists (OTs) and other licensed professionals in Colorado. This process follows a specific set of protocols to protect due process. If you, as an OT, are accused of misconduct, here's an overview of the process from start to finish.
Complaint
Disciplinary proceedings usually start when a formal complaint is submitted to the DPO. Anyone can file a complaint, but in the context of OTs, these are often lodged by patients, their families, co-workers, or other healthcare professionals.
Investigation
Once the DPO confirms that the complaint falls under its jurisdiction, an investigation is opened. For minor issues, the Division Director may handle the matter directly. More serious allegations are forwarded to the DPO's Office of Investigations. At this stage, investigators gather evidence, including conducting interviews and collecting necessary documents, to evaluate the validity of the claims.
Division Director Review and Case Resolution
After the investigation, the Division Director evaluates the evidence to decide whether there is sufficient basis to move forward with allegations of professional misconduct. Based on this assessment, the case will either proceed to settlement discussions or escalate to a formal hearing.
- Expedited Settlement: When evidence of misconduct is compelling, the Division Director can propose a negotiated settlement. Agreeing to a settlement usually involves acknowledging the misconduct and accepting any corrective actions or penalties set by the Director. While not ideal in every situation, settlements can provide an opportunity to negotiate mitigated consequences. The Lento Law Firm's Professional License Defense Team has extensive experience crafting favorable settlement agreements that protect OTs' professional futures.
- Formal Hearing: If a settlement cannot be reached or if the circumstances warrant further action, the case is referred to the Attorney General for a formal hearing. During the hearing, evidence is presented by both sides in front of an administrative law judge (ALJ). At the conclusion of the hearing, the ALJ will make a ruling and recommendations as to disciplinary actions, if any. Professional representation by a skilled license defense lawyer is critical during this stage to build a strong defense and work to secure the best outcome.
Final Disciplinary Action
The final resolution comes after a settlement agreement or a decision following the hearing. The Division Director has the authority to issue penalties ranging from minor corrective measures to the complete revocation of licensure.
At every phase of this process, having a knowledgeable license defense attorney can make a huge difference in how your case resolves. The Professional License Defense Team at the Lento Law Firm has a broad track record of success in supporting professionals through these proceedings, leveraging effective negotiation and advocacy to obtain resolutions that safeguard your career and reputation.
Possible Disciplinary Measures
When addressing allegations of misconduct, the Division Director evaluates the evidence based on the preponderance of the evidence standard. This approach requires showing it is more likely than not that the misconduct occurred, rather than the stricter standard of proving guilt beyond a reasonable doubt. Based on the nature and seriousness of the violation, the Division Director may impose a range of disciplinary measures, which include:
- Reprimand: This could be in the form of a Letter of Concern (a private warning) or a Letter of Admonition (a public reprimand).
- Fines: Financial penalties that reflect the gravity of the misconduct.
- Practice Restrictions: Conditions may be placed on your professional activities, such as restrictions on performing certain tasks or procedures.
- Probation: Enhanced monitoring and supervision over a specified period to ensure compliance with professional standards.
- Rehabilitation Programs: For cases involving substance use or mental health challenges, the Division Director may require treatment or rehabilitation as a requisite for keeping your license.
- License Suspension: Temporary loss of your authorization to practice, lasting for a defined or open-ended period.
- License Revocation: Permanent removal of your right to work as an occupational therapist in Colorado.
It is important to note that any disciplinary action taken against your license (with the exception of a Letter of Concern) is publicly accessible. These actions become part of your professional record and are visible to anyone researching your licensure status. Additionally, adverse actions are reported to the National Practitioner Databank (NPDB), potentially impacting your ability to practice in other states beyond Colorado.
The Lento Law Firm Team Defends Occupational Therapists in Colorado
Whether you're practicing occupational therapy in a large facility in Colorado Springs, a specialty clinic in Loveland, or in private practice in Grand Junction, allegations of professional misconduct can threaten your career, reputation, and financial stability. Given the Division Director's broad authority to launch investigations and issue discipline--and given that there is no requirement to prove you guilty "beyond a reasonable doubt"-- the process may feel inherently weighted against you. The Professional License Defense Team at the Lento Law Firm is here to help level the playing field, empowering you to fight for your license and livelihood.
Our approach includes a comprehensive analysis of your case's specifics, a thorough review of the complaint, and assistance in gathering strong evidence and credible witnesses. We actively engage in negotiations with the Division Director at multiple points in the process to seek a favorable resolution. If the matter advances to a formal hearing, our team is prepared to provide a steadfast and strategic defense on your behalf.
Don't allow unsubstantiated misconduct claims to jeopardize everything you have worked hard to achieve. Contact the Lento Law Firm for a confidential consultation today at 888-535-3686 or by completing our easy-to-use online form.
