In Illinois, occupational therapists (OTs) and occupational therapy assistants (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 develop and strengthen the skills needed throughout their daily lives.
OTs and OTAs apply their considerable education, training, and experience to supporting their patients. Whether adapting a client's home to support independence or implementing a plan to improve 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 spend your days focused on your patients and their outcomes, always considering additional adaptations or therapies that would further improve your client's life. With your attention so clearly captured by others, you may be shocked to learn that a complaint has been filed against your license with the Illinois Department of Financial & Professional Regulation (IDFPR).
The Lento Law Firm defends OTs and OTAs from allegations of unprofessional conduct in Illinois. Regardless of the circumstances, our experienced attorneys are ready to protect you and fight for your license. To partner with the Lento Law Firm Professional License Defense Team, call our offices at 888-535-3686 or contact us online.
The Illinois Department of Financial and Professional Regulation
The IDFPR and its Occupational Therapy Licensure Board (the Board) manage the licensing and discipline of OTs and OTAs. The seven-member board is appointed by the secretary of the IDFPR and includes four licensed OTs, two licensed OTAs, and one member of the public.
From Chicago, Springfield, and Peoria to Rockford, Joliet, Champaign, Carbondale, and all the communities in between, OTs and OTAs provide tailored interventions that enable individuals with an illness, injury, or disability to better navigate daily tasks. Because of the vulnerability of patients in need of therapies and interventions, the IDFPR oversees the practice of occupational therapy and the licensing of OTs and OTAs, including initial license and renewal applications, continuing education requirements, and disciplinary investigations, hearings, and sanctions.
Disciplinary Procedure for Occupational Therapists and Occupational Therapy Assistants in Illinois
To protect the public and ensure patients receive critical care and therapeutic support, the IDFPR manages the license disciplinary procedure for many licensed professions, including OTs and OTAs.
The Complaint
The IDFPR's license disciplinary process begins with a complaint filed online or by mail. Anyone can file a complaint, and the most frequent sources of complaints are clients, a client's family members, coworkers, and colleagues.
The Investigation
After notifying the licensee accused of misconduct, the IDFPR begins an investigation into the complaint. The purpose of the inquiry is to examine the allegation and assess if a violation has occurred. Investigators often gather evidence, including through subpoenas if necessary, and interview the complainant, the accused licensee, and any witnesses.
If, after the investigation, the complaint is unsubstantiated, the case may be dropped. If sufficient evidence is found in support of the complaint, the case is forwarded to the IDFPR's prosecuting attorney. If the prosecuting attorney believes probable cause exists, they will file a formal complaint against the accused licensee. The accused licensee will be summoned to appear at a hearing.
Informal Conference
An informal conference allows the IDFPR and the accused licensee to negotiate a settlement and avoid a formal hearing. Often, the licensee admits to some wrongdoing, a sanction, or both in return for avoiding a formal administrative hearing with an uncertain outcome.
Settlements should be approached cautiously and with a clear understanding of your priorities and best interests. Before signing an agreement, a licensee must understand all of its terms, including the impact of the settlement on your ability to practice. The Professional License Defense Team can negotiate on your behalf during an informal conference.
Formal Hearing
If the IDFPR and the accused licensee fail to settle, the case is scheduled for a formal administrative hearing that will be decided by an administrative law judge (ALJ). The accused licensee will receive notice of the formal complaint, including information on when an answer must be filed and the preliminary hearing date.
At the preliminary hearing, the administrative hearing date is set.
At the hearing, the ALJ will hear direct and cross-examined testimony from witnesses, review the evidence presented by both parties, and, if warranted, recommend a disciplinary sanction against the accused licensee. Possible sanctions include:
- Reprimand.
- Fine.
- Probation.
- Suspension or revocation of license.
- Any other disciplinary or non-disciplinary action deemed proper.
Non-disciplinary actions may include an Administrative Warning Letter, an Agreement for Care, Counseling & Treatment, or a Non-Disciplinary Order.
The IDFPR considers the ALJ's recommendation and decides whether to accept it in full or as modified. Then, the IDFPR issues a final ruling.
Appeal
A licensee may have the right to appeal the IDFPR's final decision to the circuit court. Appeals are time-sensitive, with strict filing deadlines. If you believe that you have grounds to appeal the IDFPR's sanction against your license, let the Lento Law Firm help.
If your license is suspended or revoked, we can develop a strategy to file a petition for restoration.
You have been trained to care and advocate for your patients, not navigate a contentious professional disciplinary hearing. A missed deadline or a careless statement can unnecessarily complicate your case, be used as evidence against you, or result in a default judgment.
Instead of facing the accusations and the hearing alone, you can partner with the experienced attorneys of the Lento Law Firm. We can represent you and your best interests throughout the disciplinary process.
The Stakes are High in Professional License Disciplinary Proceedings
In Illinois, the license disciplinary process is adversarial. The Board and the IDFPR do not care about you or your license. Accused licensees are not presumed innocent. A misconduct allegation alone can hurt your reputation, making it challenging to find new positions.
If you work as an OT or OTA in Illinois, you need a license. An adverse disciplinary decision or sanction may end your current employment and make it difficult for you to continue to work in your chosen profession. If you can't work, your financial security may be in jeopardy.
Additionally, the license disciplinary process can disrupt the personal lives of the accused. Too often, licensed professionals discover that they have become 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 and future. The Lento Law Firm can partner with you to protect your license, livelihood, and life.
What Types of Conduct Can Lead to a Disciplinary Investigation, Hearing, and Sanction in Illinois?
In Illinois, the Illinois Occupational Therapy Practice Act and the associated regulations prescribe the practice of occupational therapy. OTs and OTAs are expected to practice in the best interests of the public and uphold practice standards that require competency, professionalism, and integrity.
In Illinois, licensees may face discipline for violations, including:
- Demonstrating professional incompetence or gross negligence.
- Willfully creating or filling false records or reports in the practice of occupational therapy.
- Engaging in the habitual or excessive use or abuse of drugs, alcohol, or any other substance that limits an individual's ability to practice with reasonable judgment, skill, or safety.
- Charging for professional services that were not provided.
- Practicing beyond the scope of practice of occupational therapy
- Providing substandard care.
- Knowingly delegating responsibilities to someone without the knowledge, skills, and abilities to perform the tasks.
- Engaging in dishonorable, unethical, or professional conduct that is likely to deceive, defraud, or harm the public.
- Being convicted of a felony.
- Being convicted of a misdemeanor for which an essential element is dishonesty or that is related to the practice of occupational therapy.
Additionally, sexual misconduct is prohibited. Sexual misconduct includes:
- Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, with a patient.
- Making sexual advances, requesting sexual favors, or engaging in physical contact of a sexual nature with a patient.
OTs and OTAs are expected to respect the rights of their patients; maintain high standards of competence; provide accurate information about occupational therapy services; treat colleagues with fairness, discretion, and integrity; comply with all laws and rules related to the provision of occupational therapy; and act to prevent and eliminate discrimination.
For an OT or OTA committed to patient care, it can be devastating to learn that they have been accused of misconduct. If you feel overwhelmed by IDFPR's license disciplinary rules and procedures, don't let uncertainty determine your response.
If you face allegations of professional misconduct in Illinois, 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, pre-trial conferences, and administrative hearings. After analyzing the complaint, the Lento Law Team can develop a comprehensive license defense strategy to challenge the allegations against you, such as:
- Ensuring the IDFPR meets all notice and due process requirements. Our experienced attorneys can help ensure your rights are protected.
- Preparing you for an interview or any other interaction with the investigator. Your readiness may impact the credibility and clarity of your statements.
- Investigating the claims against you, identifying mitigating evidence and exonerating witnesses. Even the best IDFPR investigator can miss important evidence or fail to understand the relevance of a particular witness or piece of evidence. By making our own inquiries, we can acquire a broad understanding of the facts of your case, possible defenses available to you, and the complaint's weaknesses.
- Advocating on your behalf during settlement negotiations and ensuring that you understand the terms of any agreement. It is critically important that you understand the nuances of your agreement and its impact on your ability to work before you sign it.
- Representing you during an administrative hearing. Our experienced attorneys can apply their knowledge of Illinois law, regulations, and rules of procedure to advocate on your behalf. If the decision of the ALJ demands additional review, we can request a rehearing on your behalf.
- Litigating an appeal, if necessary. Appeals require strict diligence and adherence to timelines to maximize the chance of success.
You don't have to do it alone. The Lento Law Firm Professional Defense Team is ready to defend you and your license during an IDFPR disciplinary process.
Protect Your License and Yourself in Illinois
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 professional license defense attorneys can review your case, identify your available options, and develop a comprehensive response to challenge any allegation against you.
If you tried to navigate the disciplinary process on your own but now realize you need experienced help, the Lento Law Firm can partner with you.
It is never too late to call the Lento Law Firm. Don't let a license complaint keep you from your patients. Across Illinois, our experienced attorneys help occupational therapists and occupational therapy assistants challenge complaints and navigate license investigations, hearings, and sanctions. To partner with our Professional License Defense Team, call our offices at 888-535-3686 or complete a confidential online form.
