Michigan protects citizens and promotes business with highly specialized and complex professional licensing and regulatory regimes managed by Licensing and Regulatory Affairs (LARA). LARA licenses dozens of occupations and professions through multiple boards, tribunals, and councils, including the Michigan Board of Occupational Therapists (the Board). The Board oversees the licensing and practice of occupational therapists (OTs).
From Detroit, Grand Rapids, and Lansing to Dearborn, Sterling Heights, Ann Arbor, and all the communities in between, OTs work in schools, hospitals, rehabilitation facilities, and medical offices, as well as through home visits. They help their patients develop and strengthen the skills needed throughout their daily lives. OTs apply their considerable education, clinical training, and work experience to adapt to their clients' environments and target new skill development so that they can maintain or improve their engagement with their work, community, friends, and family.
For an OT fully engaged in providing home or school-based support for children or rehabilitative care to patients, it may be a surprise to learn that a complaint has been filed against them. After all, OTs put so much of themselves into their work that any accusation made against them and their license can feel particularly undermining.
The Lento Law Firm defends occupational therapists accused of misconduct in Michigan. Regardless of the circumstances or allegations, our experienced attorneys are ready to protect you and fight for your best interests. To discuss your case with the Professional License Defense Team, call our offices at 888-535-3686 or contact us online.
Michigan Board of Occupational Therapists
Across Michigan, OTs 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 critical occupational therapies, the Michigan Board of Occupational Therapists oversees the practice of occupational therapy and the licensing of OTs. The Board intends to promote and protect the health and safety of the public by setting the requirements for licensing OTs and taking disciplinary action against licensees who have violated the Michigan public health code.
The Board consists of nine voting members, including five individuals who are OTs and five members of the public.
What is the License Disciplinary Procedure in Michigan?
To ensure patients receive critical care and therapeutic support, Michigan has developed robust license disciplinary procedures. The complex process involves:
A Complaint: In Michigan, complaints against an OT and other licensed professions are filed with the Bureau of Professional Licensing (BPL) through the Michigan Professional Licensing User System, also called MiPLUS. Anyone can file a complaint against an OT. Complaints are commonly filed by patients, the family members of patients, coworkers, colleagues, and employers. After a complaint is filed, BPL reviews the information to determine if a violation has occurred.
BPL will then either close the complaint if they find no possible violation of the public health code or request authorization from the Board to investigate. If the BPL determines that it does not have authority over the complaint, it will close the complaint and refer it to another state agency or entity.
An Investigation: BPL investigators will interview the complainant and the accused OT. Additionally, investigators may identify and interview other witnesses, including coworkers or employers, and identify and collect any other evidence relevant to the case.
After the inquiry, if the BPL determines that a violation cannot be substantiated, the complaint will be closed. If the BPL decides that a violation has occurred, an administrative complaint against the licensee will be filed. In emergencies, the BPL can summarily suspend the license if the OT's continued practice places public health, safety, or welfare at risk.
An Administrative Complaint:Once an Administrative Complaint is filed, the accused licensee can:
- Respond by admitting the facts and agreeing to a consent order. The consent order proceeds to the Board for issuance of sanctions.
- Request a compliance conference with the BPL to negotiate a settlement. Settlements often include a sanction against the licensee and must be approved by the disciplinary subcommittee of the Board. A proposed settlement may include a monetary fine, a period of probation, a reprimand, restriction on the licensee's practice, additional education, community service, or other conditions for continued licensing, a licensee suspension, or revocation. In some cases, the complaint may be dismissed as a result of the negotiations.
- Request a hearing before an Administrative Law Judge (ALJ) with the Michigan Office of Administrative Hearings and Rules. In the hearing, the ALJ would determine the facts of the case, the law and rules which apply, and whether a violation has occurred. Witnesses for both the Board and the accused licensee may testify, and both sides may present evidence. The ALJ then prepares a Proposal for Decision for review and determination by the Board's disciplinary subcommittee.
A Determination and Sanction: The Board's disciplinary subcommittee makes the final decision about whether an accused OT has violated the public health code and, if so, the appropriate sanction.
An Appeal: A license holder determined to have engaged in a violation may appeal the disciplinary subcommittee's decision with the Michigan Court of Appeals.
Michigan's license disciplinary process is adversarial and has far-reaching consequences. A missed deadline or a careless statement can unnecessarily complicate your case, be used as evidence against you, lead to a default judgment, or be treated as an admission of a violation. You have been trained to care and advocate for your patients, not navigate an administrative hearing.
Instead of facing the accusations alone, you can partner with the experienced attorneys of the Lento Law Firm. We can represent you and your best interests through the disciplinary process. Let our Professional License Defense Team develop a comprehensive defense strategy, and you can focus on your patients.
How Can the Lento Law Firm Help?
In Michigan, the Board is not concerned with protecting you, your license, or your career. Instead of facing the board alone, let the Lento Law Firm be the dedicated defense team you need to challenge the allegations against you by:
- Analyzing the complaint and providing legal guidance and information about the allegations, the process, and potential sanctions.
- Ensuring the BPL and the Board meet their notice and due process requirements. Our experienced attorneys can help ensure all your rights are protected.
- Preparing you for an interview or any interaction with the investigator and to give testimony during a deposition or hearing.
- Performing our own investigation to identify mitigating evidence and exonerating witnesses. Even the best BPL investigator can make mistakes or not fully realize the importance of a particular witness or piece of evidence. By making independent inquiries, we can acquire a broad understanding of the facts of your case.
- Advocating on your behalf during settlement negotiations and ensuring that you understand the terms of any agreement. It is often necessary that the accused licensee admit some wrongdoing to obtain a settlement and avoid an administrative hearing. It is critically important that you understand the nuances of your agreement before you sign it.
- 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 sooner you contact the Lento Law Firm, the sooner we can partner in your defense. Regardless of where you are in the disciplinary process, the Lento Law Firm Professional License Defense Team can review your case, let you know what options may be available to you, and help you implement a strategy to challenge any allegation against you.
What Types of Conduct Can Lead to a Disciplinary Investigation, Hearing, and Sanction?
In Michigan, OTs are expected to practice in the best interest of the public and uphold standards of competency, integrity, and professionalism. Michigan's public health code identifies the types of conduct that are prohibited and may lead to disciplinary sanctions. Prohibited conduct includes, but is not limited to:
- Practicing outside the scope of your professional competence or outside the scope of your license.
- Failing to exercise due care, including by negligently delegating the supervision of employees or other individuals.
- Demonstrating a mental or physical inability that is reasonably related to and adversely affects the licensee's ability to practice safely and competently.
- Demonstrating a lack of good moral character.
- Obtaining or renewing a license through fraud or deceit.
- Engaging in unethical business practices that include false or misleading advertising, accepting kickbacks, and obtaining or attempting to obtain reimbursement from a third party through fraud or deceit.
- Betraying a professional confidence.
- Illegally obtaining, possessing, or attempting to obtain or possess a controlled substance or drug.
- Selling, prescribing, giving away, or administering drugs without lawful diagnostic or therapeutic purposes.
- Promoting, for personal gain, the use of an unnecessary drug, device, treatment, procedure, or service.
- Engaging in any conduct with a patient that is sexual or could be interpreted as sexual.
Additionally, many types of criminal convictions may lead to license disciplinary procedures, including:
- A conviction for a misdemeanor or felony involving fraud in obtaining or attempting to obtain fees related to the practice of a health profession.
- A conviction of a misdemeanor punishable by a maximum term of two years in prison.
- A conviction of a misdemeanor involving the illegal delivery, possession, or use of a controlled substance.
Trust is the foundation of effective health care, including occupational therapy. The therapeutic relationship between an OT and their client must be free from manipulation, coercion, and dishonesty. For an OT who has committed their career to their patient's wellbeing, it can be devastating to learn they have been accused of violating the public health code.
If you have been accused of misconduct, the Lento Law Firm can help you navigate a license disciplinary investigation. We can partner with you to defend your OT license and your livelihood.
The Adverse Impact of Disciplinary Proceedings
In Michigan, you need a license to work as an OT. You've spent your life acquiring the education and clinical expertise needed to work in the profession you chose. After years of training and experience, you've worked too hard to lose your license and jeopardize your financial security.
Unfortunately, a misconduct allegation alone can tarnish an otherwise stellar reputation and make it more difficult to find new positions. Any adverse disciplinary decision and sanction can undermine your life and career by making it difficult, if not impossible, to work in your chosen profession.
Furthermore, harsh disciplinary sanctions, such as having your license suspended or revoked, may end your current employment and limit future opportunities. After years of education, clinical internships, and professional practice, you've worked too hard to give up the professional you love and the financial security you built.
Accused professionals often discover that the license disciplinary process extracts a huge cost from their personal lives. It can be extremely difficult to manage the stress of an ongoing investigation, the contentious nature of an adversarial hearing, and the uncertainty of its outcome. Too often, relationships with partners, friends, and family suffer, and many accused OTs are left feeling extremely isolated.
As you look to your loved one for support, you can depend on the Lento Law Firm Professional License Defense Team to help you navigate any investigation and hearing. Let the Professional License Defense Team manage your license defense so that you can continue supporting your clients.
It's Never Too Late to Contact the Lento Law Firm
At the Lento Law Firm, we protect Michigan OTs and their licenses. We understand that your work is both a profession and a calling. It can be rewarding to witness your clients as they build the skills, strength, and adaptations to achieve safe and satisfying lives. You deserve the same.
Whether you have just learned of the complaint against you or need to appeal a sanction, we can partner with you and fight on your behalf.
Across Michigan, we help occupational therapists respond to complaints and navigate license investigations, hearings, and sanctions. We can help you too. Call the Lento Law Firm at 888-535-3686 or contact us online to discuss your case.
