If you hold an occupational therapist license in North Carolina, you have already met the many requirements that the North Carolina Board of Occupational Therapy (NCBOT) imposes before it will issue a license to a qualified candidate. You've met the educational requirements, including supervised practical training; you've studied for, taken, and passed the NBCOT exam as well as the NCBOT's jurisprudence exam; and you've made it through the NCBOT's application process. You know the standards that the NCBOT holds you to when you're practicing as an occupational therapist, and you're probably aware that those standards exist to protect the public.
That's why it can be so stressful to learn that you're being investigated by the NCBOT for potential misconduct, or that the NCBOT has filed a disciplinary proceeding against you. When that happens, your license to practice your profession is at risk – all you've worked for, and your ability to make a living as an occupational therapist, is in jeopardy. What you need at this point is an experienced attorney, a member of the Lento Law Firm's Professional License Defense Team. Call us today at 888.535.3686 or fill out our contact form so we can learn more about your situation and you can learn what the Lento Law Firm can do to help protect your license and your future.
North Carolina Occupational Therapist Licensing
Occupational therapists who want to work in North Carolina must be licensed by the North Carolina Board of Occupational Therapy. (Note: North Carolina is a member of the Occupational Therapy Licensure Compact. The compact will allow occupational therapists licensed in one compact state to practice in another compact state without having to secure a separate license. Multiple states have approved the compact, which is expected to become available for those licensed in a member state sometime in 2025. The Lento Law Firm's Professional License Defense Team can confirm for you whether the compact is active.)
Applicants must have completed an “accredited occupational therapy educational curriculum,” including “required supervised fieldwork.” They must pass an examination “approved by the Board,” in particular the National Board for Certification in Occupational Therapy (NBCOT) exam, as well as the state's own jurisprudence exam that focuses on the Occupational Therapy Practice Act and the rules of the NCBOT.
Licenses must be renewed annually, and licensees must disclose whether since their last license renewal they have been convicted, pled guilty or no contest to “a felony or any crime, such as fraud, that involves moral turpitude,” have been disciplined or had their license refused by any other state or “national certifying body,” or had other issues relating to civil lawsuits, their mental health, or substance abuse. In any case where their answer is “yes,” they must submit a detailed letter of explanation and relevant documents.
The North Carolina Board of Occupational Therapy and What It Does
The focus of the North Carolina Board of Occupational Therapy is essentially to protect the public from harm. It does this by regulating the profession, which includes enforcing licensing standards, disciplining misconduct, and enforcing continuing competence (also known as continuing education) requirements.
The NCBOT operates within the authority granted by the state's Occupational Therapy Practice Act and associated rules that are part of North Carolina's Administrative Code. Licensed practitioners are expected to abide by a detailed Code of Ethics created by the American Occupational Therapy Association and adopted by the NCBOT.
North Carolina Board of Occupational Therapy Disciplinary Authority
The NCBOT has the authority to discipline licensees for misconduct. It may deny a license to a new applicant, refuse to renew an existing licensee, or suspend or revoke an active license for a number of types of misconduct, including
- Fraud, misrepresentation, or concealment during the licensing process
- Unprofessional conduct that violates the NCBOT's rules or Code of Ethics
- A conviction, guilty plea, or no contest plea to a “crime involving moral turpitude”
- Violating any part of the Occupational Therapy Practice Act or the NCBOT's rules
- Malpractice or gross incompetence
- Engaging in conduct that could harm or injure the public
- Having an occupational therapist license revoked or suspended on disciplinary grounds by another state
- Any acts or omissions that would make the licensee unfit or incompetent to practice
The NCBOT has procedures it follows before it will discipline licensees for misconduct. The Lento Law Firm's Professional License Defense Team can help you understand what those procedures are and how they will operate in your case if you've been notified that you are being investigated or disciplined by the NCBOT.
How the North Carolina Board of Occupational Therapy Learns About Alleged Misconduct
The two main ways that the NCBOT learns about conduct that could result in a disciplinary proceeding are through complaints filed with the NCBOT and through self-reporting by occupational therapists themselves.
Complaints can come from anybody. The NCBOT provides the public with information about the complaint process, as well as a link to an online complaint form that anyone can use to file a complaint against a licensed occupational therapist, as well as to a downloadable form that can be filled in and mailed. It does not accept anonymous complaints. Typically, complaints will come from patients, their families, and co-workers (including supervisors). That said, there is nothing to prevent anyone from filing a complaint against you if they believe they have grounds to do so.
The other main source of information that can lead to a misconduct investigation or complaint comes from occupational therapists who are renewing their licenses and indicate on their renewal form (as noted above) that they were involved in a situation during the past year that could affect their license status.
Occupational therapists are also required to self-report to the NCBOT any conviction, guilty plea, or no contest plea to a felony or to any crime that “involves moral turpitude,” as well as if they are sued in connection with their occupational therapy practice. Those reports must be made within 30 days of the criminal conviction or start of the civil suit. In either kind of self-reporting situation, how you disclose and explain your incident can make a significant difference in how the NCBOT reacts.
If you are renewing your license, are convicted or plead to a crime, or are sued and realize that you must inform the NCBOT of a situation that may affect your license, the Lento Law Firm's Professional License Defense Team can help. We can review your situation and submit an effective disclosure that provides much, if not all, of the NCBOT with the information it needs to evaluate your disclosed situation. We can also be there to help answer any questions that the NCBOT has about your case and can work to reduce the chances that the NCBOT will decide to discipline you because of the matter or matters that you disclosed.
North Carolina Board of Occupational Therapy Disciplinary Investigations
The NCBOT has a detailed set of procedures that it follows when it receives a complaint about an occupational therapy licensee. The first thing it will do is to review the complaint to determine whether it alleges a violation of the Occupational Therapy Practice Act or Rules. For example, a complaint that alleges the occupational therapist was rude to a patient may not allege a violation of the practice act, while one alleging that the therapist improperly convinced a patient to loan them a large sum of money very well might.
If the complaint alleges a violation of the Practice Act or Rules, the NCBOT will open an investigation. The investigation will typically involve an attorney and one of the NCBOT board members. They will, in almost all cases, interview the license holder to try to determine whether there was a violation of NCBOT standards. If the conclusion is that there was no violation, the matter will be dismissed. If there is evidence that there was a violation, a disciplinary proceeding will follow.
How the disciplinary stage goes will depend on whether the licensee admits to the conduct or not. If they admit it, the assigned attorney and board member will propose a disciplinary action that will be decided on by the NCBOT at its next meeting. If the licensee denies the allegations, the matter will proceed to a formal hearing by the NCBOT.
Defending Yourself Against North Carolina Board of Occupational Therapy Disciplinary Investigations
It's important to understand that you have rights if you are under investigation by the NCBOT. Perhaps most importantly, you have the right to be represented by an attorney. This can make a significant difference in the outcome of your case, particularly if you are working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team. We understand your rights and how to protect them during the investigation process. We can prepare you for your interview with the NCBOT and can typically be with you when it happens, making sure that you only respond to clear, fair questions that you understand.
We can also act as your point of contact with the NCBOT and can discuss and negotiate your case with them if they believe they have grounds to discipline you. Many disciplinary cases are resolved by way of an agreement between the NCBOT and the license holder; we regularly negotiate these on behalf of our clients in situations where the licensing agency decides not to dismiss the matter.
When the NCBOT and the licensee are unable to agree on a way to resolve a disciplinary case, the matter will proceed to a hearing. When that happens, both the NCBOT and the license holder will be able to call witnesses (including subpoenaing witnesses) and can question them before the Board or before an Administrative Law Judge (depending on who is hearing the case). They will also be able to introduce evidence and challenge the evidence that the other side is offering.
After the close of the hearing, the Board or the Administrative Law Judge (depending on which one heard the case) will issue a decision. If the case was heard by an Administrative Law Judge, the judge will issue a “proposal for decision” that both sides will be able to file “written exceptions” to. They can also submit their own proposed findings of fact and conclusions of law, which the Board may then accept or reject in whole or in part. If the Board hears the case, then the Board will issue a decision within 60 days after its next regularly scheduled meeting.
Why You Need an Occupational Therapist License Defense Attorney in North Carolina if You've Been Accused of Misconduct
Your occupational therapy license is probably your most valuable personal asset. All of your education and training have earned you the right to apply for your license, and once your application is granted, you are able to provide the kinds of treatment that only licensed occupational therapists are allowed to provide in North Carolina. This means your license has tremendous value, both at present and for your future. That's why it's important to take any disciplinary investigation or proceeding very seriously. It's also why you should retain an experienced professional license defense attorney to help protect that license.
Disciplinary investigations and proceedings are not the time to try to learn how to defend yourself. You stand a far greater chance of a successful outcome if you are working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team. Retaining us to defend you is an investment in your present and future self, one that can make the difference between being able to practice the profession you've spent years training for and losing the ability to do that work.
The Lento Law Firm's Professional License Defense Team Can Help Protect Your Occupational Therapist License in North Carolina
The Lento Law Firm's Professional License Defense Team understands what it takes to defend licensed professionals such as occupational therapists during investigations and disciplinary proceedings. That's what we do – we protect licensed professionals, including occupational therapists, who have been accused of misconduct. We understand the concerns that licensing bodies such as the NCBOT have when it comes to licensee misconduct, and we also understand how to protect our clients' rights and defend them against misconduct allegations.
If you are an occupational therapist facing a disciplinary investigation or misconduct proceeding in North Carolina, call the Lento Law Firm's Professional License Defense Team for help. We understand how difficult and stressful this is for you, and we are here to both relieve some of the day-to-day burden of being involved in a disciplinary proceeding and to defend you and protect your rights throughout the entire process. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help.
