In Florida, the Department of Health (the Department) and its Board of Occupational Therapy (the Board) oversee the licensing, practice, and discipline of healthcare practitioners, including occupational therapists (OTs) and occupational therapy assistants (OTAs). OTs and OTAs provide important care, support, and therapy to patients of all ages. In schools, hospitals, rehabilitation facilities, and medical offices, as well as through home visits, OTs and OTAs help children and adults strengthen skills and implement environmental adaptations needed to navigate their daily lives.
Whether working in a major medical center in metropolitan Jacksonville, Miami, Tampa, or Orlando, or smaller facilities in other communities, OTs and OTAs apply their considerable education, training, and experience to support their patients. By adapting a client's home to support independence or implementing a plan to improve an individual's mobility and strength, OTs and OTAs help individuals maintain or improve their engagement with their work, community, friends, and family.
As an OT or OTA, you focus on your patients and their outcomes, always considering additional therapies that would allow your client to meet their goals. With your attention so clearly captured by others, it may be devastating to learn that a complaint has been filed against your license.
The Lento Law Firm defends OTs and OTAs from allegations of unprofessional conduct in Florida. Regardless of the circumstances, our experienced attorneys are ready to protect you and fight for your license. Call our offices at 888-535-3686 or contact us online to partner with the Lento Law Firm Professional License Defense Team.
Florida Board of Occupational Therapy
The Board consists of seven members, including four licensed OTs, one licensed OTA, and two community members. Members are appointed by the governor and confirmed by the state senate. The Board oversees the practice of occupational therapy and the licensing of OTs and OTAs, including initial license and renewal applications, continuing education requirements, and discipline.
Disciplinary Procedures for Occupational Therapists and Occupational Therapy Assistants in Florida
To protect the public and ensure patients receive critical care and therapeutic support, Florida has created a disciplinary process to ensure the professionalism and competency of healthcare professionals, including OTs and OTAs.
The Complaint
Although anyone can submit a complaint against an OT or OTA, many are brought by patients, the family members of patients, colleagues, and coworkers.
Once received, the staff of the Department's Consumer Services Unit logs and reviews the accusations to determine if a law or regulation may have been violated. If the complaint is deemed legally sufficient, an investigation begins.
The Investigation
The Investigative Service Unit and its investigators interview the complainant, the accused licensee, and the patient involved, as well as any other witnesses. Additionally, investigators will collect evidence that may include medical or therapy records and other documentation.
Additionally, investigators draft and serve subpoenas, if necessary, to access and obtain relevant information.
After analyzing the witness testimony and evidence, the investigator prepares a report for the Department's Prosecution Services Unit. In the Prosecution Services Unit, attorneys will review all the information to determine the legal sufficiency of the complaint.
If the attorneys determine there is probable cause to believe a violation has occurred, an administrative complaint is issued to the licensee.
Administrative Complaint
If the accused licensee disputes the complaint, the case may be settled, or a formal hearing may be conducted.
If the accused licensee does not dispute the administrative complaint or waives the hearing, the matter is forwarded to the Board for determination and disposition. The Board then issues a final order imposing discipline on the Department.
Settlement
For an OT or OTA accused of misconduct, a settlement may seem like an effective way to avoid a hearing or an unfair means to secure an admission of guilt. In either case, settlements should be approached cautiously and with a clear understanding of your priorities and best interests.
In most settlements, the accused licensee admits to a violation and agrees to a sanction, in exchange for avoiding the uncertainty of a formal hearing and sanction. Before signing an agreement, a licensee must understand all of its terms, including the impact of the settlement on their ability to practice. The Professional License Defense Team can negotiate on your behalf.
Formal Hearing
If an accused licensee disputes the administrative complaint and seeks a formal hearing, the case proceeds before an Administrative Law Judge (ALJ). The ALJ will hear witness testimony, legal arguments, and review evidence related to the case. After the hearing, the ALJ makes findings of facts and conclusions of law regarding the accusations. The ALJ submits a recommended order to the Board for a final action.
Final Decision and Sanction
The Board reviews the ALJ's determination and determines the appropriate disciplinary sanction. The Board then issues its final decision.
Possible sanctions include:
- Reprimand
- Fine
- Restriction of practice
- Continuing education probation
- Suspension or revocation of license
When determining a sanction, the Board may consider:
- If patients or the public were exposed to injury.
- If the licensee has a history of discipline in Florida or another jurisdiction.
- If the licensee realized a pecuniary benefit or self-gain.
- If the licensee attempted to correct or stop the violations.
- If there is evidence of fraud.
License disciplinary complaints can lead to extremely serious sanctions. Any complaint filed against you should be taken seriously. When you partner with the Lento Law Firm, our attorneys can advocate on your behalf throughout every step of the process.
Appeal
A licensee may have the right to appeal the Board's final decision to the district court. Appeals are time-sensitive, with strict filing deadlines. If you believe that you have grounds to appeal the Board's sanction against your license, let the Lento Law Firm help. Our experienced attorneys can review your case and determine your options for litigating an appeal.
Your education and training are the foundation for your career in occupational therapy. You are trained to care and advocate for your patients, not navigate a contentious professional disciplinary hearing. We are trained and experienced attorneys who can represent you and your best interests throughout the license disciplinary process in Florida.
The Stakes Are High in Professional License Disciplinary Proceedings
The license disciplinary process in Florida is adversarial and complex. The Department and the Board do not care about you. In license defense cases, there is no presumption of innocence. The accused licensee must be willing to protect their license and create a robust defense team. The Lento Law Firm Professional License Defense Team understands that the stakes are high, and we are ready to fight on your behalf.
If you work as an OT or OTA in Florida, you need a license. An adverse disciplinary decision or sanction may end your current employment and career. If you can't work, your financial security may be in jeopardy.
Additionally, the license disciplinary process can disrupt the support systems and personal lives of the accused. Too often, an allegation alone can lead to isolation and tarnish an otherwise spotless reputation. Many licensed professionals discover that the disciplinary investigative process leaves them isolated and estranged from mentors and colleagues.
Relationships with family and friends often suffer due to the stress of an ongoing investigation, the contentious nature of an adversarial hearing, and the uncertainty of its outcome.
As an OT or OTA, your work helps others and provides the financial foundation for your life and future. Don't let a complaint against your license derail your career. The Lento Law Firm can partner with you to protect your license and livelihood.
What Types of Conduct Can Lead to a Disciplinary Investigation, Hearing, and Sanction in Florida?
Florida's occupational therapy statutes and regulations create a framework in which OTs and OTAs are expected to practice in the best interests of their patients and the public and practice with competency, professionalism, and integrity.
In Florida, licensees may face discipline for misconduct including violations, such as:
- Obtaining or trying to obtain a license by bribery or fraud.
- Having a criminal conviction or a non-contestable plea directly related to the practice or ability to practice occupational therapy.
- Exercising influence to engage a patient in sex.
- Engaging or attempting to engage a patient in verbal or physical sexual activity.
- Engaging in false, deceptive, or misleading advertising.
- Failure to keep written medical records relating to a patient's course of treatment, such as patient history and examination, or test results.
- Exercising influence over a patient for financial gain.
- Demonstrating an inability to competently practice occupational therapy with skill and safety.
- Committing malpractice.
- Performing experimental treatment without receiving informed consent from the patient.
- Practicing outside of the scope of occupational therapy.
- Demonstrating an inability to practice occupational therapy with reasonable skill due to illness or use of alcohol, drugs, narcotics, chemicals, or any other mental or physical condition.
For an OT or OTA who is committed to patient care, it can be devastating to learn that they have been accused of misconduct. You may feel overwhelmed, angry, or scared to learn that an allegation was made against you. Don't let fear or uncertainty determine your response.
If you face allegations of professional misconduct in Florida, the Lento Law Firm can work with you to defend your license.
How Can the Lento Law Firm Help During a License Disciplinary Investigation or Hearing?
The Lento Law Firm Professional License Defense Team is ready to provide legal guidance and representation to you during disciplinary investigations and administrative hearings. After analyzing the complaint, the Lento Law Firm Team can develop a comprehensive license defense strategy and:
- Prepare you for an interview or any other interaction with the investigator or to give testimony as part of an administrative hearing. Your readiness may have an impact on the credibility and clarity of your statements.
- Investigate the claims against you and identify mitigating evidence and exonerating witnesses. Investigators are not neutral third parties. Investigators work for the Department. Even the best and most unbiased investigator can miss important evidence or fail to understand the relevance of a particular witness or piece of evidence.
- Advocate on your behalf during settlement negotiations and ensure that you understand the terms of any agreement. It is critically important that you understand the nuances of your settlement because the sanctions you agree to may limit your ability to work.
- Represent you during an administrative hearing. Our experienced attorneys can apply their knowledge of Florida law, regulations, and rules of procedure to advocate on your behalf. We can help tell your story to the ALJ and ensure relevant evidence, testimony, and legal arguments are heard and included in the record.
- Litigate an appeal, if necessary. Appeals require strict diligence and adherence to deadlines to maximize the chance of success.
Florida's professional license defense procedures are complex, and your license is in jeopardy. Don't try to navigate the process alone. The Lento Law Firm Professional License Defense Team is ready to defend you and your license.
Let the Lento Law Firm Protect Your License in Florida
At the Lento Law Firm, we know your work is both a profession and a calling. You play an essential role in delivering quality, responsive occupational therapy to your patients in schools, medical offices, and hospitals. Your patients need your knowledge and expertise to improve their health and well-being. And you need your license to provide this critical care.
If you learn that a professional misconduct complaint has been filed against you, make our Professional License Defense Team your first call. Our experienced attorneys can review your case, identify your available options, and develop a comprehensive response to any allegation against you. Across Florida, our attorneys help occupational therapists and occupational therapy assistants challenge complaints and navigate license investigations, hearings, and sanctions.
It is never too late to call the Lento Law Firm. Don't let a license complaint, investigation, or hearing keep you from your patients. To partner with our Professional License Defense Team, call our offices at 888-535-3686 or complete a confidential online form.
