If you are a licensed occupational therapist working in West Virginia, you know how hard you've worked to be able to practice your profession in the state. Years of advanced education plus months of fieldwork were just the beginning. You needed to study for, take, and pass the NBCOT exam, then prepare and submit your license application to the West Virginia Board of Occupational Therapy. Even after you were granted your license, you must meet the state's continuing education obligations before you renew your license every other year.
This is why it is so important to take it seriously if you learn that a misconduct complaint has been filed against you with the West Virginia Board of Occupational Therapy. Your ability to practice your profession may be at risk, which could impact not only your livelihood but your reputation as well. The Lento Law Firm's Professional License Defense Team is here to protect your rights and defend you if you are being investigated because of misconduct allegations. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys to discuss your case and learn how we can help.
West Virginia Occupational Therapist Licensing
Occupational therapist licenses in West Virginia are issued by the West Virginia Board of Occupational Therapy (WVBOT). The WVBOT is also responsible for renewing licenses; setting competency and ethical standards for occupational therapists; and reviewing misconduct complaints and administering discipline to OTs.
To receive an occupational therapist license in West Virginia, you need to meet the standards set by the WVBOT. That includes graduating from an approved OT program and completing the required amount of fieldwork in occupational therapy. You must take and pass the National Board for Certification in Occupational Therapy exam, typically called the NBCOT. You will need to submit to a criminal background check, and you may have problems securing a license if you have a criminal record.
The Lento Law Firm's Professional License Defense Team can help at the license application stage if you have been convicted of a crime and are applying to the WVBOT for a license. Not all convictions will disqualify you for a license, and in many cases, the information you provide to the WVBOT along with the explanation you give it about your case, can make a difference in how the board reacts.
Note: West Virginia is one of the states that has joined the Occupational Therapy Licensure Compact, though as of this writing, the compact is not yet active. When it is, it will be much easier for an OT licensed in one compact state to practice occupational therapy in another compact state. If you have questions about the Occupational Therapy Licensure Compact, contact the Lento Law Firm's Professional License Defense Team for help.
Occupational Therapists in West Virginia renew their licenses every two years. During that period, they need to take a certain number of hours of continuing education, and as part of the renewal process, must also disclose certain criminal convictions that occurred during the past two years. As with your initial license application, if you have been convicted of a crime during your OT license term, the Lento Law Firm's Professional License Defense Team can help you disclose your conviction to the WVBOT in a way that can reduce the chances that the board will refuse to renew your license. Our attorneys regularly help clients facing license renewal challenges overcome them and successfully renew their licenses.
The West Virginia Board of Occupational Therapy and What It Does
The West Virginia Board of Occupational Therapy's stated purposes are
- To protect consumers
- To promote the quality of occupational therapy services provided in the state
- To “assure the highest degree of professional care and conduct” from occupational therapists
It is the WVBOT that evaluates initial license applications as well as renewal applications, and decides which applicants will be allowed to practice occupational therapy in the state. It also reviews misconduct complaints, and will investigate misconduct claims and discipline OTs who are found to have failed to meet the WVBOT's standards or who have committed misconduct.
The WVBOT is governed by the state's Occupational Therapy Practice Act, as well as by a comprehensive set of Legislative Rules that cover various aspects of the WVBOT's operations. The board's website publishes the public disciplinary actions it takes against licensed OTs in West Virginia.
The West Virginia Board of Occupational Therapy Professional Licensing Disciplinary Authority
The WVBOT can discipline occupational therapists for a number of different reasons. These include:
- Conviction of a felony or a “crime of moral turpitude”
- Committing fraud or misrepresentation in connection with getting their OT license
- A finding that the OT has committed unprofessional conduct
- Violating a board order or legislative rule
- Providing “substandard care” as an occupational therapist
- Improperly delegating the OT's responsibilities to someone who is not qualified to do the work
- Failing to properly supervise an occupational therapy assistant
- Engaging in sexual harassment or misconduct
- Abandoning a patient without making arrangements for the patient's continued care
There are certain procedures that the WVBOT will follow when it receives a complaint that an occupational therapist has committed misconduct. As soon as you learn that the WVBOT is investigating you for alleged misconduct, contact the Lento Law Firm's Professional License Defense Team for help. In our experience, the sooner we are notified, the more we can do to help you protect your rights and your license.
How the West Virginia Board of Occupational Therapy Learns About Alleged Misconduct
As noted, the WVBOT is responsible for receiving and resolving complaints about licensed occupational therapists in West Virginia. The board maintains a webpage dedicated to filing complaints, and any member of the public can file one online or download a “paper version” and submit that.
Another way the WVBOT learns about alleged misconduct is when the OT discloses it themselves when they renew their license. As noted above, the way you disclose any type of potential misconduct – which is typically a recent criminal conviction – can make a significant difference in how the WVBOT reacts.
West Virginia Board of Occupational Therapy Disciplinary Investigations
When the WVBOT receives a complaint about an occupational therapist, it will first review the complaint to make sure it is about a matter that the board has jurisdiction over. If it does not have jurisdiction, it will notify the person who filed the complaint that the complaint is outside the board's jurisdiction, and the matter will be closed, though the person who filed the complaint may take it to another state agency. Sometimes the board needs additional information from the complainant, in which case it will contact the complainant and ask for it.
If the WVBOT decides to move forward with the complaint filed against the occupational therapist, it will send the complaint to the OT and will give the OT 30 days to respond to the complaint. This is the best time to contact the Lento Law Firm's Professional License Defense Team for help. We can review the complaint and any supporting documentation, and use the 30-day response period to prepare a comprehensive and effective response to the complaint that is based on our own investigation, information you provide us, and our knowledge of the applicable law.
After the board receives the occupational therapist's response, it may decide to begin an investigation into the allegations. This will likely include an interview, where the investigator will interview the occupational therapist who has been accused of misconduct. These kinds of interviews can be very stressful – most of us are not used to being in a situation where the answers we give to a series of questions have such a potential impact on our lives.
The Lento Law Firm's Professional License Defense Team can prepare you for that interview, so that you know what to expect, how to carefully listen to a question, and how to provide a clear and effective response. We can also be there with you during your interview, to make sure you only answer clear, fair questions that you understand.
In some cases, the board may ask the OT to appear at an informal conference, which is a proceeding that is designed to help resolve misconduct allegations. The OT can also request such a conference. These can sometimes be helpful ways to resolve cases before formal charges are filed.
The investigator will prepare a report and will make a recommendation to the WVBOT about how the misconduct allegations should be resolved. If after reviewing the report, the Board finds “probable cause” that the OT committed misconduct, the board will notify the OT, and the OT will have the right to a full hearing on the matter.
As a practical matter, most disciplinary matters are resolved through settlement agreements between the occupational therapist and the Board. These are typically negotiated, and the Lento Law Firm's Professional License Defense Team regularly helps in these kinds of situations. Our goal is to help you resolve the misconduct complaint filed against you with as little effect on your license and your ability to practice occupational therapy as possible.
Formal hearings are called that for a reason. There are rules of evidence that apply, and each party can introduce witnesses and cross examine the other side's witnesses, as well as offer evidence and argue against the introduction of the other side's evidence. The Lento Law Firm's Professional License Defense Team understands the formal hearing process and is ready to fight to protect your rights and defend you against the charges you face in a formal hearing.
The board can take a number of actions when it comes to disciplining an occupational therapist. These can include:
- Reprimanding the occupational therapist
- Placing the occupational therapist on probation, often with conditions that the OT must meet during the probation period
- Issuing a fine against the occupational therapist
- Suspending the occupational therapist's license
- Revoking the occupational therapist's license
A suspended or revoked license can bring your career as an occupational therapist to a sudden end. At a minimum, it can make it very difficult for you to make a living, since you will not be able to practice your profession during any period of time when your license is not active. That is another reason to contact the Lento Law Firm's Professional License Defense Team as soon as you learn that a misconduct complaint has been made against you.
The Lento Law Firm's Professional License Defense Team Can Help Protect Your Occupational Therapist License in West Virginia
If you receive a notice that someone has filed a misconduct complaint against you with the West Virginia Board of Occupational Therapy, and you have 30 days to provide a response, the first thing you should do is to contact the Lento Law Firm's Professional License Defense Team. Our attorneys understand the laws, regulations, rules, and procedures that apply in occupational therapist misconduct investigations, and we can help you defend yourself against the allegations you're facing from day one.
Our attorneys will review the complaint made against you, discuss the matter in detail with you, and explain what the process will be like going forward. We will work with you to prepare your response to the complaint, sometimes even conducting our own investigation to uncover information that may help you, and will also make sure that you don't miss any deadlines along the way.
We will represent you during the investigation process, and will be your point of contact with the WVBOT so that you can focus on your work and let us handle the communications with the board. We can negotiate your case with the board, and if necessary will be ready to take your case to a formal hearing if it cannot be resolved through a settlement that is acceptable to you.
Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686 or by filling out our online contact form. We will set up a confidential consultation where you can tell us about your case, and we can explain the various ways we can help you protect your license, your livelihood, and your future.
