As a licensed occupational therapist working in Kansas, you are quite aware of how hard you have worked to get to where you are. Years of education, including an advanced degree; months of fieldwork learning how to deliver therapy to patients; and many, many hours spent studying for – and passing – the National Board for Certification in Occupational Therapy (NBCOT) exam all mean that you have invested a lot to be able to practice as a licensed occupational therapist.
That is why it is so important for you to take it seriously if you learn that a misconduct complaint has been filed against you with the Kansas State Board of Healing Arts. Depending on the allegations made against you and how the complaint investigation process goes, you could be facing suspension or even revocation of your license. You need the help of one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team if you want the best chance to protect your license and your future. Call us today at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation where you can tell us about the allegations that have been made against you, and we can tell you how we can help.
Kansas Occupational Therapist Licensing
The Kansas State Board of Healing Arts processes occupational therapist license applications and issues licenses for OTs in Kansas. The Board also handles annual occupational therapist license renewals; reviews OTs continuing education reports; investigates misconduct complaints; and disciplines occupational therapists found to have committed misconduct.
Kansas law sets the standards that occupational therapists must meet if they are to receive a license from the Board. These include education, field work, and a passing score on the NBCOT exam. Each applicant must also answer a series of questions that include ones asking if they have ever been disciplined by another state; arrested for any crime; and charged with any crime. Any “yes” answer means that the applicant must also submit a lot of relevant information about the incident.
The application notes that a “yes” answer to any question does not automatically disqualify the applicant, and that each applicant is considered individually. This is an area where the Lento Law Firm's Professional License Defense Team can help. Our experienced attorneys understand the issues that are important to licensing boards, and we can help make sure that in your case, the Board has the relevant information it needs to fairly review your license application.
Occupational therapist licenses in Kansas are renewable annually. If you have been arrested or convicted of a crime during the past year, you may have difficulty renewing your license, especially if you fail to provide the Board with all of the information it needs to fairly review your renewal application. Just as with your initial disclosure, the Lento Law Firm's Professional License Defense Team can help you provide the Board with the information it needs about your situation, and in many cases can also include explanations for why your arrest or conviction should have no effect on your OT license.
What the Kansas State Board of Healing Arts Does When it Comes to Regulating Occupational Therapists
The Kansas State Board of Healing Arts is charged with regulating as well as licensing occupational therapists in the state. The Board reviews license applications and makes sure applicants have met the state's numerous requirements for an occupational therapist license. It evaluates whether OTs have met Kansas's continuing education requirements. And it also reviews and processes annual license renewals for occupational therapists.
On the disciplinary side, the Board is responsible for reviewing complaints received about occupational therapists; investigating those complaints; and determining whether the OT should be disciplined for the alleged misconduct. When the Board makes a final decision to discipline an occupational therapist, the decision is published on the Board's website and can be accessed and reviewed the by the public. In addition, the status of the OT's license, including past disciplinary actions, can be seen using the state's license search page.
The Kansas State Board of Healing Arts' Disciplinary Authority for Occupational Therapists
The Board can discipline occupational therapists for a number of reasons, all falling under the category of “unprofessional conduct.” These include:
- Making misrepresentations or concealing information when applying for or renewing an OT license
- Being convicted of a felony, if the felony has a “direct bearing” on whether the OT should be allowed to continue to practice
- Violating any order of the Board
- Practicing occupational therapy while under the influence of alcohol or drugs
- Failing to keep required records of a patient's treatment
- Committing any acts of “sexual, psychological, or physical” abuse
- Improperly disclosing patient confidential information
- Incompetently treating a patient
- Being disciplined by another state's licensing entity
- False advertising, or deceiving the public
- Failing to cooperate by providing the Board with information requested by the Board
The Board follows certain procedures when it receives a complaint alleging that an occupational therapist has committed misconduct or when it otherwise learns of alleged misconduct committed by an OT. The best thing you can do if you learn that the Board is investigating you for alleged misconduct is to contact the Lento Law Firm's Professional License Defense Team as soon as possible. Our attorneys can begin immediately to protect your rights and work to prepare your defense.
How the Kansas State Board of Healing Arts Learns About Alleged Misconduct
There are two main ways the Board learns about allegations that an occupational therapist has committed misconduct. The first is when it receives a complaint from a member of the public about an occupational therapist, alleging that the OT has committed misconduct. The second is when the therapist discloses – also called “self-reporting” – to the Board that they have committed some form of misconduct, typically involving an arrest or conviction, or discipline imposed on the OT by another state.
Complaints can be filed by anyone – patients, family members, colleagues, or the general public – who believes that the occupational therapist has committed misconduct. The Board maintains a webpage where complaints can be submitted online; they can also be submitted in other ways, such as by email or even by phone. And while anonymous complaints can be more difficult to investigate because the name of the person filing it is not known, the Board will still review an anonymous complaint and may take action if the complaint contains enough information.
Kansas State Board of Healing Arts Disciplinary Investigations
Learning that a complaint has been filed against you and that the Board is investigating you for misconduct can be very stressful. The investigation process can take weeks, and often lasts for several months. The Board has certain steps that it typically follows during an investigation, though these can vary depending on the facts of a particular case. These include:
- Review of the complaint by the Board's Disciplinary Counsel to determine whether the type of misconduct alleged in the complaint is something that the Board regulates
- Where the complaint is within the Board's jurisdiction, it is assigned to an investigator
- The investigator will take the appropriate steps necessary to gather evidence about the alleged misconduct, including interviewing witnesses, asking for medical records, and taking statements from the occupational therapist
- The investigator will submit their findings to a committee made up of occupational therapists who are responsible for determining whether a therapist may have violated practice standards
- Where the review committee believes the standard of care was not met, it will refer the matter to the Board's Litigation section for possible disciplinary action
- The Litigation section's Disciplinary Panel will review the matter to determine how best to proceed
- Where cases cannot be resolved by way of an agreement, they will proceed to a formal hearing
Being interviewed by an investigator whose job it is to determine if you've committed misconduct can be a very difficult experience. If you are working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, however, you will have someone on your side who can prepare you for the experience. Knowing how to listen to a question, make sure you understand exactly what you're being asked, and focusing your answer on that question is something that is important in this kind of situation. Practicing each of those steps before you find yourself on the other side of a table from the investigator can make a big difference in the answers you provide, which can help your case.
In addition, your attorney can be there with you during your interview to help make sure the investigator's questions are clear, that you understand them before you answer, and that you don't leave out important information that could help your case.
When the investigator's report is complete and the Board's Litigation Section has reviewed it, your attorney can help answer any additional questions that the Board may have. In addition, your attorney can negotiate a resolution of your case with the Board. In fact, the vast majority of disciplinary matters never proceed to a formal hearing; instead, they are resolved through consent agreements that typically have been negotiated between the Board and the occupational therapist.
When your case is resolved through a consent agreement, you have the benefit of knowing exactly what the disciplinary sanction will be. In many cases, our attorneys are able to help our clients avoid having their licenses suspended or revoked, though it's important to understand that the outcome of any disciplinary investigation is not guaranteed.
The Board has a range of sanctions that it can impose on a licensee who has been found to have committed misconduct. Some of these are more serious than others. They include:
- Remediation – the occupational therapist agrees to take certain steps to change the way they practice; this is often a confidential settlement that is not disclosed to the public
- Public censure, where the occupational therapist is reprimanded for their misconduct but may continue to practice occupational therapy
- Limitations on the occupational therapist's ability to practice
- Suspension of the occupational therapist's license, in some cases with requirements that the OT take certain steps, such as remedial education, before the suspension will be lifted
- Revocation of the occupational therapist's license, typically with a time limit before the OT is able to apply to have their license reinstated
- Fines; the Board can order the occupational therapist to pay a fine of up to $5000 for a first violation, $10,000 for a second, and $15,000 for a third or subsequent incident of unprofessional conduct
It can be difficult to accept any sort of disciplinary sanction from the Board; that said, a long-term suspension or a revocation of your license can be devastating both to your career and to your ability to earn a living.
This is why it is so important to retain an experienced attorney from the Lento Law Firm's Professional License Defense Team as soon as you learn you are being accused of misconduct. We can help protect your rights and will defend you against the allegations you're facing. Your best chance of preserving your ability to practice is when you have a strong defense led by an attorney who has experience with these kinds of situations.
The Lento Law Firm's Professional License Defense Team Can Help Protect Your Occupational Therapist License in Kansas
Your occupational therapist license is the key to your career and your ability to make a living. When your license is in jeopardy because of a misconduct allegation, the Lento Law Firm's Professional License Defense Team is here to help. Our attorneys understand the laws, rules, standards, and procedures that apply in occupational therapist disciplinary investigations in Kansas. We know what it takes to defend occupational therapists against these kinds of allegations, and we are here to protect your rights and help you through the entire process.
Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686, or fill out our contact form, and we will schedule a confidential consultation so you can tell us about your case, and we can explain the various ways we can help. Your occupational therapist license is important to you; it may be your most valuable personal asset. Let the Lento Law Firm help you protect it!
