As a licensed occupational therapist working in Nevada, you know first-hand how much time and effort it has taken you to get to the point where you are able to practice your profession in the state. Years of study, including supervised practical training, preparing for and taking the NBCOT exam, and Nevada state jurisprudence exams – all of this is required for you to be able to practice your profession. Even after you're licensed, the Nevada Board of Occupational Therapy requires you to meet certain practice standards and to take continuing education in order to be able to maintain your license.
If you've received a notice that someone has filed a complaint against you with the NBOT, you have good reason to be nervous about what that means for your license and your ability to work as an occupational therapist in the state. You need to take steps to protect your license and to defend yourself against the allegations you're facing. The Lento Law Firm's Professional License Defense Team can help. Our experienced attorneys understand what it takes to defend against misconduct complaints filed with the NBCOT, and we are ready to help you protect your license and your future. Contact us today at 888.535.3686 or fill out our online form, and we will schedule a confidential consultation to learn more about your case and tell you how we can help.
Nevada Occupational Therapist Licensing
To work in Nevada as an Occupational Therapist, you need a license from the State of Nevada Board of Occupational Therapy. An applicant for an OT license must have completed the required curriculum from an accredited and approved school, including fieldwork, and must pass an examination approved by the NBOT, which is currently the one administered by the National Board for Certification in Occupational Therapy, typically called the NBCOT. Applicants must also pass the Nevada Occupational Therapy Jurisprudence Exam, and after earning their license must retake and pass it once every five years.
Note: there is a nationwide Occupational Therapy Licensure Compact that, when and if it becomes effective, would allow occupational therapists licensed in one compact state to more easily practice in another compact state. The OT Licensure Compact is not yet active, and while bills have been introduced in the Nevada legislature that would authorize the state to join the compact, those bills have not yet passed as of this writing. Check back with the Lento Law Firm's Professional License Defense Team if you have questions about whether the OT Licensure Compact is active in Nevada.
OT licenses must be renewed every two years, and as part of that process the licensee must disclose any criminal convictions – including “nolo contendere” pleas – except for minor traffic violations. They must also disclose any pending or past disciplinary proceedings, as well as whether the licensee is required to pay child support and, if so, whether or not they are in compliance with that requirement. Any issues on any of these points need to be explained at the time the license is renewed – something the Lento Law Firm's Professional License Defense Team is able to help with. Being able to explain any criminal convictions, past disciplinary matters, or child support issues can make a difference in how the NBOT reacts to the renewal application.
The Nevada Board of Occupational Therapy and What It Does
The Nevada Board of Occupational Therapy states that is mission is to “protect the public health, safety and welfare.” It does this by making sure that only competent OTs work in the state, and by providing the public with a way to file complaints against OTs who do not meet the standards of care set by the NBOT.
The Nevada legislature has passed a comprehensive set of statutes as well as administrative regulations that govern how the NBOT operates. The NBOT itself has detailed policies and procedures that it follows, including ones that govern misconduct complaints and how the NBOT reviews and responds to them.
The Nevada Board of Occupational Therapy Disciplinary Authority
As is the case with every state board that licenses occupational therapists, the Nevada Board of Occupational Therapy has the power to investigate misconduct complaints filed against occupational therapists working in the state and to discipline those found to have violated Nevada's laws, regulations, and NBOT requirements. The NBOT can discipline an OT for a number of reasons, including:
- Providing therapy to patients while under the influence of alcohol or drugs
- Harassing or intimidating a patient, employee, or employer, including engaging in sexual harassment
- Improperly disclosing patient confidential information
- Violating the ethical guidelines adopted by the State of Nevada for occupational therapists
- Making false statements (or omitting relevant information) when applying for or renewing a license
- Performing services that the OT knows they are not competent to perform
- Negligently performing occupational therapy
- Failing to obtain a patient's consent before performing treatment
The Nevada Board of Occupational Therapy has procedures it follows when it learns of a potential violation of these or other standards. The Lento Law Firm's Professional License Defense Team can help you understand what the NBOT disciplinary procedures are, and can defend you if you have been accused of misconduct and the NBOT is investigating the matter.
How the Nevada Board of Occupational Therapy Learns About Alleged Misconduct
There are two ways that the NBOT can learn about an OT's alleged misconduct. The first way is through its complaint process. Anybody who believes that an occupational therapist has violated a practice standard can file a complaint with the NBOT. The complaint is typically signed, so the NBOT can contact the person filing the complaint for additional information. (Anonymous complaints are accepted, but may not be processed if there is necessary information missing that the NBOT cannot learn for itself.)
Complaints typically come from patients, their families, and co-workers (including supervisors). That said, there is nothing to prevent anybody else from filing a complaint with the NBOT if they believe they have information that you have violated a practice standard.
Another way that the NBOT can learn of misconduct is from the licensed OT themselves, when they submit their license renewal. As noted above, licensees are required to report criminal convictions and other specific situations that can have an effect on their OT license when they submit their license renewal application.
This is one area where the Lento Law Firm's Professional License Defense Team can be particularly helpful. Our experienced attorneys can prepare a written explanation of the issue that you have disclosed to the NBOT that could affect your renewal. We can provide much of the information that the NBOT will want about the issue, along with an explanation – where appropriate – of why that issue should not affect your ability to practice occupational therapy in Nevada. In many cases, this can help reduce the amount of time that the NBOT spends investigating your case and can improve the chances that your license will be renewed without delay.
Nevada Board of Occupational Therapy Disciplinary Investigations
The NBOT follows certain procedures when it receives a complaint about an occupational therapist. First, it will decide whether the complaint even covers the kinds of matters that the NBOT regulates. For example, a patient who complains about you because they have a billing dispute with your employer may not be something that the NBOT investigates. Or cases where there is a personality clash between you and your patient may also not warrant investigation. In these types of cases, the matter will be closed without any further action by the NBOT.
In other cases, the NBOT may refer the matter to an investigator. You will receive a notice that a complaint has been filed, with information about the complaint, and you will have a chance to respond. It is important to make sure you respond within the deadline set by the NBOT, typically 20 days. This response is very important to your case and is also something that the Lento Law Firm's Professional License Defense Team can help with. We can provide information to the NBOT investigator that can have a significant effect on whether and how the NBOT decides to move forward with your case.
Most disciplinary matters that are not dismissed will end with a consent decree – a settlement between the occupational therapist and the NBOT. But, it is important to understand that you do not have to agree to the allegations that have been made against you by the NBOT. In many cases, the Lento Law Firm's Professional License Defense Team is able to provide facts and arguments supporting less serious charges and consequences than those that the NBOT originally proposed.
Cases that do not settle will proceed to a formal hearing before the NBOT.
Defending Yourself Against the Nevada Board of Occupational Therapy Investigations
You specifically have the right to be represented by an attorney if you are under investigation by the NBOT. Having an experienced professional license defense attorney in your corner can make a significant difference in how your case goes. At the Lento Law Firm, our Professional License Defense Team understands the standards that the NBOT expects occupational therapists to follow. We also know how to defend against all types of misconduct allegations. We can prepare you for your interview with the NBOT investigator and be there when it happens to make sure the questions you answer are clear and fair and that you understand them when you're answering.
As your attorneys, we will also be your point of contact with the NBOT concerning the investigation. All communications will flow through us, and we can make sure you are aware of and respond to all deadlines. And, as noted above, we can also negotiate with the NBOT when it comes to potentially settling your charges. Though it is also important to understand that you are the one who controls whether or not your case settles, or whether it goes to a formal hearing before the NBOT.
If your case does go to a hearing, it will be before the Board. The NBOT will be able to introduce evidence, including witness testimony, against you. You will be able to cross-examine the NBOT's witnesses and contest their evidence. In addition, of course, you can also provide witnesses to testify on your behalf and introduce your own evidence in your defense. The Lento Law Firm's Professional License Defense Team can represent you during formal hearings. Our attorneys regularly appear in these types of proceedings and understand what it takes to mount a strong defense to misconduct allegations that could damage or even ruin your career.
At the close of the hearing, the NBOT can decide to dismiss the matter, or can impose a range of discipline against the licensee, including:
- Impose a range of disciplinary actions, such as probation or a warning
- Suspend the OT's license for up to one year
- Revoke the OT's license for up to five years
Whatever disciplinary action the NBOT takes (except a dismissal) will also be reported to other licensing-related entities, such as the National Practitioners Data Bank, the Nevada Legislative Counsel Bureau Disciplinary Action reporting system, the American Occupational Therapy Association, the NBCOT, and any other state OT agencies where the practitioner holds an OT license.
The Lento Law Firm's Professional License Defense Team Can Help Protect Your Occupational Therapy License in Nevada
Your occupational therapy license is probably your most important personal asset. It is the key that unlocks your ability to practice your profession. Losing your license, even temporarily, can be devastating not only to your personal finances but also to your reputation as a practitioner. The Lento Law Firm's Professional License Defense Team is ready to help you from the moment you learn that a misconduct complaint has been filed against you. We can defend you during the investigation, can negotiate with the NBOT on your behalf, and where necessary, will fiercely defend you at a formal hearing on the charges against you.
To learn more about how the Lento Law Firm's Professional License Defense Team can protect you and your occupational therapist license in Nevada, call us at 888.535.3686 or fill out our contact form, and we will schedule a confidential consultation. Tell us about your case, and let us tell you how we can help protect you and your future.
