As an occupational therapist licensed by Utah's Division of Professional Licensing (DOPL), you know better than most people how much time, effort, and expense you've put into earning your license and building your practice. You've spent years in school, including many weeks of fieldwork; studied for and passed the NBCOT exam; and completed (and paid for) your license application. And this was just the start. You need to meet Utah's continuing education standards if you want to keep your license, and of course, make sure that your skills and the work you do are up to state standards.
When someone files a misconduct complaint against you with DOPL, however, your career may come to a sudden halt. If your license is suspended as a result, you will not only lose your source of income, but your reputation will also suffer. Even if your suspension is temporary, you could lose your job. And if your license is revoked, you will need to find another profession – one of the most disruptive types of changes anyone can be forced to make. That's why you need to call the Lento Law Firm's Professional License Defense Team the moment you learn that you are under investigation for misconduct. We can fight for your license and protect your rights during the misconduct proceedings. 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.
Utah Occupational Therapist Licensing
Utah's Division of Professional Licensing is responsible for issuing occupational therapist licenses in the state. DOPL is also responsible for investigating misconduct allegations, issuing sanctions for misconduct, and conducting hearings when the license holder disputes the misconduct allegations made against them.
Applicants for occupational therapist licenses in Utah must have completed the necessary coursework from an accredited OT program, including the required fieldwork. They must also take and pass the National Board for Certification in Occupational Therapy exam, typically called the NBCOT. They must also meet all other application requirements, including disclosing any criminal convictions (except for very minor offenses) and submitting to a criminal background check.
Note: Utah has joined the Occupational Therapy Licensure Compact, which, as of this writing, is not yet active. When it does become active, it will make it much easier for an occupational therapist licensed in one compact state to practice as a licensed OT in another compact state. The Lento Law Firm's Professional License Defense Team can advise you of the status of the OT Licensure Compact if you have questions.
DOPL requires licensed occupational therapists to renew their licenses every two years and to take and report a certain amount of continuing education in order to be eligible to renew their license. License holders must also disclose and explain any arrests or convictions for misdemeanors or felonies that took place during the past two-year period. You must then provide DOPL with “complete documentation” about your arrest or conviction, including a “personal narrative” about what happened. The Lento Law Firm's Professional License Defense Team can help you gather the detailed information you need to submit for any arrest or conviction, and can work with you to draft a personal narrative that will provide DOPL with the information it needs to process your license renewal. How you explain these items can make a significant difference in the way DOPL reacts to the information.
The Utah Department of Professional Licensing and What It Does
In Utah, the Department of Professional Licensing is responsible for issuing licenses for a wide range of professions, including occupational therapy. DOPL also handles license renewals and investigates allegations of misconduct by licensees. Where appropriate, DOPL will issue sanctions against license holders – including those holding OT licenses – who are found to have committed misconduct that is prohibited by Utah laws and regulations.
DOPL operates according to a Licensing Act passed by Utah's legislature, as well as related rules that apply in general to professions licensed by DOPL. In addition, there is a separate practice act that applies to occupational therapists, and a number of rules that specifically apply to that profession. DOPL is also responsible for disciplining licensees, including occupational therapists, according to a separate set of rules.
The Utah Department of Professional Licensing Disciplinary Authority
DOPL is charged with investigating complaints filed against occupational therapists practicing in Utah. OTs who are found to have violated one or more practice standards can face sanctions, depending on the severity of the conduct. Some of the types of misconduct that DOPL is authorized to sanction OTs for include:
- Incompetent practice, including gross negligence
- Practicing while under the influence of alcohol or drugs
- Verbally, mentally, physically, or sexually abusing anybody in connection with the OT's practice
- Being convicted of or pleading “nolo contendere” to a crime, except for minor traffic offenses
- Violating any statute or rule that relates to the practice of occupational therapy
There are specific procedures that DOPL follows when misconduct allegations are made against a licensed occupational therapist. The Lento Law Firm's Professional License Defense Team can help you through the difficult process of being investigated and possibly disciplined because of a misconduct complaint made against you.
How the Utah Department of Professional Licensing Learns About Alleged Misconduct
The two main ways that DOPL learns about alleged misconduct committed by occupational therapists are through complaints filed by members of the public and through disclosures made by license holders when they renew their licenses.
Any member of the public can file a complaint against an occupational therapist. Many times, complaints come from co-workers or supervisors, but there is nothing that prohibits anybody who believes an OT has violated practice standards from filing a complaint, even if the OT never treated the person. When a complaint is received, a DOPL Investigations Supervisor reviews it to determine whether it alleges a violation that DOPL has the jurisdiction to regulate.
Another way DOPL learns about potential misconduct is when a licensee discloses criminal convictions to DOPL when they renew their license. Reporting convictions is a required part of the license renewal process, and failure to do so can lead to a misconduct complaint based on that failure to self-report. The Lento Law Firm's Professional License Defense Team can help you provide DOPL with the information they need to evaluate a conviction for purposes of renewing your license, and can work with you to prepare a comprehensive and effective personal statement that DOPL can use to evaluate your renewal application.
Department of Professional Licensing Disciplinary Investigations
As noted above, complaints are assigned to a DOPL Investigations Supervisor for review. In some cases, the Investigations Supervisor may decide that the complaint does not allege a violation of a practice standard, for example, when it is the result of a personality conflict between the occupational therapist and the person making the complaint. When that happens, the complaint will typically be dismissed.
In other cases, the issues raised in the complaint are outside of DOPL's jurisdiction. If the complaint raises concerns that might be better handled by another agency, such as local law enforcement, DOPL may refer the complaint to that agency. Otherwise, if DOPL does not have jurisdiction over the matter, it will be dismissed by DOPL.
Finally, if the complaint alleges a matter that is within DOPL's jurisdiction, it will be assigned to an investigator who will look into the matter further. This will typically involve interviews with the person who filed the complaint and the occupational therapist named in the complaint. The investigation can also include other witness interviews and a review of records that are relevant to the matter.
The Lento Law Firm's Professional License Defense Team can be of significant help during the investigation phase. We can help locate evidence that can be used in your defense, and can prepare you for the unusual and uncomfortable experience of being interviewed by the investigator. We can also sit with you at your interview to make sure the questions you're asked are clear and fair and that you understand them before giving your answer.
DOPL resolves disciplinary matters in both formal and informal ways. As you might guess, the informal way of resolving a disciplinary complaint is for less serious matters. Informal disciplinary actions can include:
- A verbal warning by the investigator to the OT to stop the behavior that prompted the complaint
- A letter of concern to the OT, which the OT will be able to respond to, and which will not affect the OT's license
- An administrative citation, which will be in writing and may include a fine or a cease-and-desist order
- An informal adjudicative proceeding before an administrative law judge, reserved for relatively minor matters
More serious matters are resolved either through stipulated agreements between DOPL and the occupational therapists or through formal disciplinary hearings. As a practical matter, most formal disciplinary matters are resolved with a stipulation. These are usually negotiated, and having the Lento Law Firm Professional License Defense Team on your side of the negotiations increases the likelihood that the terms of the stipulation proposed by DOPL will be ones that will have the least effect on your license and your ability to practice as an occupational therapist.
Formal disciplinary proceedings – also called formal adjudicative hearings – are similar to civil court cases, and will typically include witness testimony and the introduction of various types of evidence. The licensing board will make a recommendation at the close of the hearing, and the final decision will be made by DOPL's Director or the Director's designee. The Lento Law Firm's Professional License Defense Team has years of experience defending license holders in formal disciplinary hearings, and we are ready to protect your rights if your case reaches that level.
As you can see, the disciplinary process for occupational therapists in Utah can be complicated. It makes sense when your license and livelihood are on the line to have someone in your corner who understands the laws, rules, and procedures that apply in occupational therapy disciplinary matters.
The Lento Law Firm's Professional License Defense Team Can Help Protect Your Occupational Therapist License in Utah
Your occupational therapist license is the key to your career. Obviously, without your license, you cannot practice as an OT in Utah. That's why it is so important to take things seriously if you learn that a misconduct complaint has been filed against you. The best way to do that is to contact the Lento Law Firm's Professional License Defense Team. We know how to defend occupational therapists in these kinds of situations.
Our experienced attorneys know the Utah laws, rules, and procedures that apply in occupational therapist misconduct cases. We can protect you from the very beginning, as soon as you learn that you are being investigated for misconduct. Our attorneys will be the point of contact with DOPL, making sure you provide the DOPL investigator with the information they have requested concerning your case. We will also prepare you for your interview with the investigator, and be there with you when it happens to protect your rights and help make sure you're asked fair questions that you understand.
When it comes to resolving your case, we can negotiate with DOPL on your behalf, using our years of experience helping other occupational therapists in similar situations; our understanding of the facts of your particular case; and our knowledge of the disciplinary laws and procedures that apply in these matters to fight to resolve your case in as favorable a way as possible.
To learn more about how the Lento Law Firm's Professional License Defense Team can help protect your occupational therapist license, your livelihood, and your future, contact us today at 888.535.3686 or by filling out our online form. We will arrange a confidential consultation with one of our experienced attorneys so you can tell us about your case, and we can tell you how we can help.
