It isn’t easy to earn your license to practice occupational therapy in Nebraska – or any other state, for that matter. If you are a licensed occupational therapist in Nebraska, you know this already. You’ve spent years getting the graduate-level education you need to practice, including months of hands-on fieldwork just to be eligible to sit for the National Board for Certification of Occupational Therapy (NBCOT) exam. Once you’ve passed that, you still need to complete the application required by the Nebraska Department of Health and Human Services (DHHS), which requires a lot of work in and of itself.
With all of the time and effort you’ve put into earning your occupational therapy license in Nebraska, you owe it to yourself to take things seriously if you learn that a misconduct complaint has been filed against you. Depending on the nature of the complaint, you could end up losing your license or having it suspended – either of which could be devastating for your career as well as for your ability to earn a living. That’s why the best thing you can do as soon as you learn you’ve been accused of misconduct is to call the LLF National Law Firm’s Professional License Defense Team at 888.535.3686, or fill out our online contact form and we will schedule a confidential consultation so you can tell us about your case, and we can tell you how we are able to help.
Nebraska Occupational Therapist Licensing
Occupational therapist licenses in Nebraska are issued by the state’s Department of Health and Human Services. DHHS also renews OT licenses, which are good for two years at a time. In connection with license renewal, DHHS is also responsible for making sure that occupational therapists take the required continuing education courses – currently 20 hours of approved continuing education for each two-year license period.
As required by Nebraska law, applicants must confirm to the DHHS that they have met the state’s educational and clinical hour requirements; submit to a fingerprint check; disclose any prior misdemeanor or felony convictions; and have passed the NBCOT. The DHHS will also review applications for candidates who have prior felony or misdemeanor convictions. A conviction does not always disqualify an applicant, and how the circumstances of the conviction are explained to the DHHS can make a significant difference in how the DHHS treats the conviction when it comes to granting or renewing a license.
The DHHS has a separate application that can be submitted if a candidate has one or more prior convictions. The “Preliminary Application Conviction Review” allows the applicant to first get a determination from the DHHS whether their conviction or convictions will prevent them from receiving a license, before going through all of the time, trouble, and expense of preparing and submitting a license application. The LLF National Law Firm’s Professional License Defense Team can work with you to prepare an effective conviction review application, one that provides the DHHS with the information and the detailed explanation it needs to be able to fairly evaluate your request for a determination.
Note: Nebraska is part of the Occupational Therapy Licensure Compact, which, as of this writing, is not yet in force. When it is in force, it will make it much easier for occupational therapists licensed in one compact state to practice in another compact state. The LLF National Law Firm’s Professional License Defense Team is up to date on the current status of the OT Licensure Compact and can advise you if you have questions about how it may relate to you and your practice.
What the Nebraska Department of Health and Human Services Does When It Comes to Regulating Occupational Therapists
In addition to reviewing applicant credentials and issuing and renewing occupational therapist licenses, the DHHS also processes certifications for OTs who want to be able to administer physical agent modalities (PAMs) such as Superficial Thermal, Deep Thermal, or Electrotherapeutic Agent Modalities. The DHHS has approved certain training courses for PAM certification.
The DHHS also receives complaints from the public about occupational therapists and is responsible for investigating them and taking disciplinary action when the circumstances support doing so. DHHS decisions or other actions that involve public discipline of an occupational therapist are published on the DHHS website and also become part of the occupational therapist’s public record. That record is available by searching the DHHS licensee database.
The Nebraska Department of Health and Human Services’ Disciplinary Authority for Occupational Therapists
There are a number of grounds on which the DHHS can discipline an occupational therapist in Nebraska. These include:
- Incompetent practice, such as providing patients with services that the occupational therapist is not trained to offer
- Committing any act endangering the patient’s welfare or safety
- Inaccurately representing the OT’s skills to a patient
- Improperly delegating treatment that should be performed by a licensed occupational therapist to someone who does not hold an OT license
- Violating the patient’s right to confidentiality
- Sexually harassing a patient or engaging in a sexual relationship with a patient
- Failing to keep proper or accurate patient records
- Abusing patients, physically or mentally
- Failing to cooperate with a DHHS investigation
The DHHS has certain procedures it follows when it receives a complaint alleging that an occupational therapist committed misconduct, or if it learns from another source that the occupational therapist may have committed misconduct. If you are contacted by the DHHS about a complaint that has been filed against you, or if you are notified that the DHHS is investigating you for potential misconduct, the best thing you can do to protect yourself is to contact the LLF National Law Firm’s Professional License Defense Team. Our attorneys understand the investigation process and have years of experience helping professional license holders, including occupational therapists, protect their rights and defend themselves during misconduct investigations.
How the Department of Health and Human Services Learns About Alleged Misconduct
There are two main ways the DHHS receives allegations that an occupational therapist has committed misconduct. One is when a member of the public files a complaint against the occupational therapist. The other is when the occupational therapist self-reports misconduct, which is usually in connection with a criminal conviction. Occupational therapists have 30 days from the date of a conviction to report it to the DHHS.
The DHHS maintains a webpage where the public can submit complaints about occupational therapists and other licensed health professionals. Anybody can submit a complaint, though they tend to come from patients, family members of patients, and co-workers or supervisors. Once a complaint is received, the DHHS will review it to determine whether the matter falls within the jurisdiction of the DHHS. If it does, the DHHS is likely to investigate the matter.
Nebraska Department of Health and Human Services Disciplinary Investigations
The DHHS will make a preliminary evaluation of a misconduct complaint before it initiates a formal investigation. That evaluation considers a number of factors, including:
- Whether the DHHS has the authority over the matter raised in the complaint
- Whether it appears that the complaint was filed in good faith, and is not frivolous or malicious
- Whether the complaint was delayed, such that the matter would be very difficult to investigate because of the passage of time
- Whether the person who filed the complaint is willing to testify against the occupational therapist
- Whether the information in the complaint, if true, would support disciplinary action against the occupational therapist
- Whether it is possible to get relevant evidence
If an investigation is authorized, it can take weeks or months before it is complete. If you are notified that a disciplinary investigation is taking place because of a misconduct complaint filed against you, it is important to make sure you take it seriously and respond to any information requests from the DHHS.
Before you do so, however, you should contact the LLF National Law Firm’s Professional License Defense Team for help. Our attorneys can act as the point of contact for the DHHS investigator, and will make sure to promptly respond to information requests and requests for interviews with you. Another thing we can do is to prepare you for the often-stressful interview with the investigator.
This is not as easy as it might sound. Most of us are not used to answering questions from someone whose job it is to gather information from us that could later be used against us. Your attorney will help you understand how important it is to listen carefully to each question you’re asked, make sure you understand that question, and then focus your answer on just the question.
We can also be there with you when you’re interviewed to help clear up any ambiguous or unfair questions the investigator asks. When your license and livelihood are on the line, you want your rights to be protected, and you expect to be treated fairly during the investigation. The LLF National Law Firm’s Professional License Defense Team is here to help make sure that happens.
The investigation may include interviews with others who may have information relevant to the misconduct complaint. The investigator may also attempt to gather records and other documents. When the investigation is complete, the investigator will submit a report to the Occupational Therapy Board. The Board will review the report and make a recommendation to the Attorney General’s office.
If the Attorney General’s office believes that there is clear and convincing evidence that the occupational therapist has committed misconduct, the AG may:
- File a petition to discipline the occupational therapist
- Negotiate with the occupational therapist to surrender their license or to restrict their ability to practice
- Enter into an agreement with the occupational therapist that resolves the matter – an “assurance of compliance” – without the necessity of filing a petition
Most disciplinary matters settle. When you are working with one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team, our focus is on protecting your license so that you can continue to practice the profession you worked so hard to become a part of. In many cases, that means we will try to negotiate a settlement with the DHHS that will allow you to continue to practice. But every settlement requires both sides to agree, and it’s also important to remember that the final decision whether to accept the terms of a settlement with the DHHS is yours to make.
When matters don’t settle, they may proceed to a formal hearing. When that happens, we will be ready to defend your rights and your license at the administrative hearing, where both sides can present witness testimony, cross-examine the other side’s witnesses, and introduce evidence in their cases.
The LLF National Law Firm’s Professional License Defense Team Can Help Protect Your Occupational Therapist License in Nebraska
Your occupational therapist license is probably your most valuable personal asset. It is the key to your being able to use your education and skills to practice occupational therapy. If you are facing a disciplinary investigation, it is important that you take steps to protect your rights and to defend your license. The LLF National Law Firm’s Professional License Defense Team knows what it takes to protect occupational therapist license holders during investigations and disciplinary proceedings.
Our attorneys regularly represent occupational therapists and other professional license holders all over the country, including in Nebraska. We understand the laws, rules, regulations, and procedures that apply to occupational therapist disciplinary matters, and we are ready to step in as soon as you contact us to protect your rights and defend you during both the investigation and any subsequent disciplinary process.
If you are notified that you are under investigation for alleged misconduct or that a misconduct complaint has been filed against you, call the LLF National Law Firm’s Professional License Defense Team. The earlier we are involved in your case, the more help we can provide. You can reach us by phone at 888.535.3686 or by filling out our online contact form. We will schedule a confidential consultation where you can tell us about the allegations made against you, and we can tell you the ways we can help.