As a Missouri occupational therapist, you've dedicated your professional life to helping others regain independence and improve their quality of life. You work tirelessly to put your patients first, often going above and beyond at your own emotional expense. So, facing allegations of professional misconduct can feel overwhelming and deeply personal.
At the Lento Law Firm, we understand the effort, education, and commitment it takes to become a licensed occupational therapist in Missouri. We believe that your career shouldn't be jeopardized by a misunderstanding, mistake, or a baseless or malicious complaint. Our Professional License Defense Team is here to support you. We'll guide you through the Missouri occupational therapy disciplinary process, explain what to expect, and fight to protect your license and reputation. Call the Lento Law Firm today at 888-535-3686 or contact us online.
Grounds for Disciplinary Action Against Your Missouri Occupational Therapy License
All types of actions cause license issues before the Missouri Occupational Therapy Board. Everything from administrative errors to inappropriate relationships with patients can be a real threat to your Missouri occupational therapy license. At the Lento Law Firm, we've seen it all. Missouri State Code of Ethics and Professional Conduct outlines the following prohibited behaviors:
- Take any action that endangers a client's health, safety, or welfare
- Perform occupational services that are not medically necessary or contradict medical advice or standard of care
- Verbally abuse a client
- Physically abuse a client
- Sexually abuse or verbally sexually harass a client
- Destroy or falsify client records without authorization
- Provide medical or diagnostic advice outside the scope of an occupational therapy license
- Have a sexual relationship with a client
- Terminate an occupational therapist-client relationship for the purpose of having a sexual relationship with the client.
- Failure to abide by standards of care
- Failure to appropriately supervise other licensed professionals under your supervisor in the workplace
- Misrepresent your credentials, training, level of education, or licensure
- Use of controlled substances or alcohol to the extent it impacts your ability to safely practice occupational therapy, including DUI or drug convictions
Missouri Occupational Therapy License Disciplinary Action Process
The Missouri Occupational Therapy License disciplinary action process can be confusing. There are a lot of different offices involved in the process. The disciplinary process isn't an easy or quick one. The disciplinary process can take months to come to a conclusion, even longer if an appeal is on the table. Your Lento Law Firm attorney will walk you through the process in detail, but below is an overview of what to expect.
Complaint
Anyone can file a complaint against you and your Missouri occupational therapy license, accusing you of misconduct. Most often, complaints are made by co-workers, clients, or family members of clients. A person doesn't have to have been present at the time of the alleged misconduct; they may make the complaint based on information learned from other sources.
Complaints against occupational therapists in Missouri are accepted by the Missouri Division of Professional Registration Central Investigations Unit and the Board. Complaints must be in writing; any verbal complaints will not be accepted. The Central Investigations Unit and the Board also don't accept anonymous complaints. They maintain a log containing the complainants' information.
When the Central Investigations Unit receives a complaint, it will work with the Board to handle the matter. They will jointly review the complaint to ensure there is an alleged violation of Missouri occupational therapy laws and regulations. The complaint will be acknowledged within 30 days; both you and the complainant will receive written notification.
Investigation
If the complaint alleges a legitimate violation, the Central Investigations Unit and the Board will open an investigation. Investigations will likely involve interviewing you and other relevant parties. You might also be asked to provide evidence supporting your side of the story. You should never attend a hearing or provide any documentation without consulting your Lento Law Firm attorney. As soon as you retain a Lento Law Firm Professional License Defense Team attorney, you will want to notify the Board and the Central Investigations Unit.
Negotiation and Settlement Agreements
The Administrative Hearing Commission urges occupational therapists and the Board to come to a resolution in the case without pursuing a formal hearing. Your Lento Law Firm attorney will advocate on your behalf from the beginning to resolve your case as quickly as possible on terms you find acceptable.
The Administrative Hearing Commission can also make a settlement offer. In this case, you will receive the offer by mail and have at least 60 days to consider it. Your Lento Law Firm attorney can work with the Administrative Hearing Commission during this time to negotiate a better settlement on your behalf.
You should never accept a settlement agreement without first getting guidance from your Lento Law Firm attorney. It is important to know you cannot appeal the disciplinary action taken against you and your Missouri occupational therapy license when you have accepted a formalized settlement agreement. Your attorney will review the settlement offer to see if it's reasonable based on your case or if you might be able to do better through negotiations or the formal hearing process.
The earlier you retain a Lento Law Firm Professional License Defense Team attorney, the sooner we can start working to resolve your case. This is one of the many reasons it's important to retain a Lento Law Firm attorney as soon as you learn a complaint will or has been filed against you.
Hearing
When a resolution cannot be reached with the Board, the case will be referred to the State of Missouri Administrative Hearing Commission. Your case will be assigned to one of the five Commissioners. Cases that go to the Administrative Hearing Commission are called contested cases. Commissioners don't work for the Board or represent the Board in any way. They are supposed to be an independent, neutral party. That being said, you never know what biases your assigned Commissioner will come in with or whether they will give you the benefit of the doubt. The only person you can rely on to be in your corner is your Lento Law Firm attorney.
You will receive a written notice of the contested case hearing in the mail. Generally, your administrative hearing will be scheduled for more than 10 days from when you receive notice; this timeframe allows your Lento Law Firm attorney to sufficiently prepare your case. If you have yet to hire an attorney, 10 days isn't very long to get your attorney up to speed, so call the Lento Law Firm immediately.
Administrative hearings work like court cases, but they have their own specific contested case hearing rules and procedures. When you receive notice of a hearing, you will be required to respond, but just as you would never write your own legal briefs for a court case, you shouldn't for your administrative hearing either. There are deadlines for submitting your response, evidence, and more, as well as evidence standards that must be abided by. As a non-lawyer, this call all be confusing. You never want to have an adverse action taken against you and your Missouri occupational therapy license because you made a mistake on a technicality. Fortunately, your Lento Law Firm attorney is well-versed in all things related to Missouri administrative hearings and will handle all actions and filings.
Your Lento Law Firm attorney will also be defending you at the hearing. As we mentioned, it works like a trial. Your Professional License Defense Team attorney and a representative from the Board will make opening statements, argue for their side, present evidence, call and cross-examine witnesses, and more.
Determinations
How your case turns out will depend on the nature and severity of the allegations against you and, of course, the evidence against you in the case. When your Lento Law Firm attorney negotiates a settlement agreement on your behalf, you will know exactly what actions will be taken against you and your Missouri occupational therapy license.
When your case is heard formally by your assigned Commissioner during an administrative hearing, they will notify you of the outcomes shortly after the hearing concludes.
- Warning
- Censure
- Probation
- Suspension
- Revocation
- Voluntary Surrender
- Penalties
Appealing Your Missouri Occupational Therapy Advisory Council Determination
In some cases, you may be entitled to file a disciplinary action appeal for actions taken against your Missouri occupational therapy license. Your Lento Law Firm attorney will be able to tell you if you are eligible for an appeal, whether it is wise to pursue, and how the process works. When your career and livelihood are on the line, you can't stop fighting until you have exhausted every option.
The deadline for filing an appeal will be located in the letter you received containing the disciplinary action against you. The time to appeal starts from the date the determination was mailed to you, so keep that envelope on file; the appeals deadline does not start from the day you received the notice in the mail.
Your Lento Law Firm attorney will handle everything related to appeals. If you have not retained an attorney previously, you still can. Our Professional License Defense Team attorneys often get our Missouri occupational therapist clients a better outcome on appeal.
National Board for Certification in Occupational Therapy (NBCOT) Disciplinary Action
As you know, after studying for countless hours for the exam, getting your Missouri occupational therapy license requires certification from the National Board for Certification in Occupational Therapy (NBCOT). You may have thought that NBCOT was in the rearview mirror, but it can make an appearance if you're accused of misconduct. NBCOT has the authority to take disciplinary action against your occupational therapy certification if you have committed misconduct.
NBCOT may not pursue its own disciplinary process against you when you are already going through the process with the Board, but that is up to its discretion. NBCOT can open its own investigation, conduct its own hearing, and take disciplinary action against your certification. NBCOT has the authority to:
- Temporary or permanent ineligibility for NCBOT certification
- Reprimand
- Censure
- Certification probation
- Certification suspension
- Certification revocation
Your Lento Law Firm attorney can also help you in the NBCOT disciplinary process. It's worth fighting any NBCOT action taken against your certification. If there is disciplinary action against your certification or you are ineligible to renew it, this will directly impact your Missouri occupational therapy license.
Areas We Serve in Missouri
The Lento Law Firm Professional License Defense Team has represented clients throughout the state of Missouri. Most of our Missouri occupational therapy clients come from Kansas City, St. Louis, Springfield, and Columbia. Still, even if you're out in a small town like Osage Beach, we can help. Many of our clients have worked at large employers like COX Health, MU Healthcare, the University of Missouri, and companies like Solution Rehab and Therapy Services.
Retain the Lento Law Firm Professional License Defense Team Today
You can't afford to gamble on your future by going into the Missouri Occupational Therapy Board disciplinary action process alone. You deserve the strongest defense, and the Lento Law Firm has extensive experience representing clients before the Board. Our Professional License Defense Team will guide you through the process, ensuring your rights are protected the entire way. Retain the Lento Law Firm Professional License Defense Team today by calling us at 888-535-3686 or contacting us online.
