As an occupational therapist, you have a huge impact on your patients' daily lives, including their ability to manage simple tasks such as preparing meals, getting dressed, and going to work. You help them maintain their independence and feel good about themselves, making your career immensely rewarding. And you've worked hard to earn your occupational therapy license. If you face threats to your licensure, including accusations of misconduct that can result in license suspension or revocation, you want to make sure you're in the best position possible to defend yourself and move forward in your career.
Ohio boasts more than 4,500 licensed occupational therapists across the state, with major cities like Cleveland, Cincinnati, and Columbus alone comprising more than half of the total number. In these places especially, where the large number of patients leads to significantly more issues and complaints, occupational therapists face an increased risk of false or exaggerated accusations. Regardless of whether you're working in one of these major cities or in a smaller Ohio town, you need to arm yourself with the optimal tools to protect your rights and defend your license.
If you hold an Ohio occupational therapist license and you face accusations of wrongdoing, the Professional License Defense Team at the Lento Law Firm can help. We represent occupational therapists nationwide, including those with Ohio licenses, and we can guide you through any disciplinary action you face and help you protect your license. Call 888-535-3686 or complete our confidential contact form to learn more.
Who Oversees Occupational Therapists in Ohio?
As a licensed Ohio occupational therapist, you've already completed the National Board for Certification in Occupational Therapy (NBCOT) certification exam, and you've received your license from the Occupational Therapy, Physical Therapy, and Athletic Trainers (OTPTAT) Board, Ohio's governing body for licensing and regulating occupational therapy within the state. The OTPTAT Board's responsibilities include establishing the occupational therapist license requirements, instituting rules that increase the efficiency and effectiveness of regulatory processes, and setting continuing education requirements to make sure licensed therapists keep up with the latest techniques and procedures.
The OTPTAT Board also has the responsibility and authority to investigate claims against occupational therapists in Ohio. This includes investigating whether an occupational therapist is complying with the state's laws and rules and whether a complaint involves grounds for disciplinary action. The board also has the authority to discipline an occupational therapist and suspend or revoke their license.
What Constitutes Grounds for a Complaint?
Patients can find a host of causes to file a complaint against you if they feel dissatisfied with their therapy or results for any reason. Sometimes, those complaints are valid; sometimes, they're not. As a licensed occupational therapist, you understand that you're obligated to maintain the highest level of professional and ethical standards with your patients. But often, mistakes happen anyway, whether intentional or accidental. Sometimes, patients make false or misguided allegations. Some examples of valid grounds for complaints according to Ohio law include:
Ethical violations: You must comply with the American Occupational Therapy Association (AOTA) code of ethics. Violations of this code include actions that harm your profession, threaten patient safety, or breach client confidentiality.
Fraud related to obtaining a license: You can't lie about or falsify any of your licensing documents or claims that you've met license requirements.
Violating the boundaries of the scope of practice: State law allows occupational therapists to perform specific activities. If you treat a patient in ways outside the scope of this practice or beyond the level of your certification, you may be guilty of this violation.
Providing inadequate care: As an occupational therapist, you must meet the state's standards of care. Substandard care can include negligence or lack of care that can injure or harm a patient.
Substance abuse: You may not be under the influence of drugs or alcohol while performing your job duties.
Inappropriate sexual behavior: State law prohibits therapist-patient relationships. You must also maintain appropriate behavior with patients at all times and avoid sexual advances. You additionally need to avoid any verbal communication that the patient might consider sexually demeaning or inappropriate.
Billing violations: You may not extend patient care longer than necessary for billing purposes, bill patients for services outside the scope of your practice, or bill patients for services you didn't actually perform.
False advertising: You can't make any misleading or false statements in any materials promoting your practice, including any advertisements.
Violating patient rights: You can't violate a patient's wishes or compromise their ability to make their own decisions about your role in their care.
Failing to maintain license requirements: As an occupational therapist in Ohio, you must meet the state's requirements for continuing education. These include 20 hours of continuing education during each 2-year renewal period. And, of course, you can't continue practicing with an expired license.
What Happens When You Have a Complaint Filed Against You?
Upon receipt of a complaint, the OTPTAT Board must first confirm that the complaint falls within its jurisdiction and involves actual violations of the state's legal code. The complaint must include all the basics of what the patient thinks went wrong: who was involved, when and where the incident happened, and the extent of the misconduct. The board will then assign an investigator who will gather evidence such as video, medical records, physical evidence, and any other relevant documentation, and the investigator will interview those involved, including the person making the complaint, the therapist, and any witnesses. The investigation can take up to six months or even longer if the issues involve a lot of people and numerous incidents.
It's possible the investigation will yield nothing substantive, in which case, the board can dismiss the complaint. When this happens, you don't have to worry about any of it appearing on the public record. You can simply put it behind you.
If the board decides that a violation likely occurred, it may offer a consent agreement, which is essentially a settlement that you can agree to as the accused party. The settlement will include your specific penalties, and you can try to negotiate with the board to improve your outcome. In the absence of a consent agreement, the board may decide to pursue formal charges. As the accused party, you have the option to request a hearing, which the board offers through a Notice of Opportunity for a Hearing. At the hearing, you and the person making the complaint, as well as any witnesses, will have the opportunity to testify and present evidence. The hearing officer will then make recommendations on your alleged misconduct and resulting disciplinary actions, and the board can accept, reject, or modify those recommendations. You can then choose to appeal the decision if you want.
Regardless of whether you have a consent agreement or proceed to a hearing, the information will become part of the public record, including any resulting disciplinary actions. Possible penalties include fines, the requirement to take corrective action, and censure, which is a formal notice of disapproval that goes on the public record. Censure allows you to keep your license and continue practicing. The board can also put you on probation. In this case, you can keep your license as long as you meet specific terms, which likely include remedial action to correct your mistakes as well as maintaining correct behavior. In more severe cases, the board can suspend your license for a certain amount of time or revoke it permanently.
The Reality of Disciplinary Actions Against Occupational Therapists in Ohio
If you're having a hard time imagining how the OTPTAT Board puts these rules, requirements, and complaint processes into action, here are a few examples of actual disciplinary actions the board has taken against occupational therapists in Ohio in recent years:
- The OTPTAT Board revoked an occupational therapist's license for a period of six years after determining that he billed two patients for services he didn't provide and that he provided services to patients beyond their planned care and altered their client records.
- The board revoked an occupational therapist's license for a period of 12 years after she received a guilty verdict for multiple counts of bank fraud, identification document fraud, fraud by wire, radio, or television, and falsifying statements on a loan or credit application.
- The board found that an occupational therapist created medical records and billed three patients for services she didn't perform. As a result, the board required that she complete an AOTA-approved ethics course at her own expense and provide her current and future employers with a copy of the consent agreement.
- The board received a complaint that an occupational therapist was abusing drugs and/or alcohol and required that she submit a drug/alcohol screen, which confirmed a controlled substance in her system. She also admitted to the board investigator that she was consuming excessive alcohol. The board additionally found that she violated patient rights while working as an occupational therapy assistant. As a result of these offenses, the board required that she complete an Ohio Professionals Health Program well-being screening and put her on probation for at least two years. The board also required her employer to submit quarterly reports confirming that she practiced within the standard of care and without violations.
- The OTPTAT Board found that an occupational therapist worked with an expired license for several months. The board issued a written reprimand, fined her $300, and required that she develop a personal action plan to comply with licensing and renewal procedures and that she give her employer a copy of the consent agreement.
- The board revoked an occupational therapist's license after she failed to provide evidence that she completed her required continuing education. She also didn't respond to the board's Notice of Opportunity for a Hearing.
These are just a few examples of the types of complaints the OTPTAT Board receives and the severity of the actions the board takes against occupational therapists for violations of rules and requirements. These examples reinforce how important it is that you not only comply with your license requirements but also that you have the best legal support available to guide you through your defense process when you face a complaint.
The Lento Law Firm Is Here to Help
Whether or not you feel a complaint against you is valid, you can't take it lightly. The OTPTAT Board is accustomed to handling complaint cases and has legal teams that are well-versed in the disciplinary process. As an occupational therapist, your expertise lies in helping patients better navigate their daily lives, not navigating your own legal defense process. With so much at stake—your license, your career, your reputation, your livelihood—you need to make sure you have the best defense possible.
The Lento Law Firm's Professional License Defense Team has your back. We understand the Ohio-specific license requirements, what constitutes violations, and how the disciplinary process works. We can help you:
- Identify and gather the evidence and witnesses that best support your case.
- Guide you through the investigation and hearing process and protect your rights throughout the disciplinary procedures.
- Help you determine whether a consent agreement is fair and in your best interests.
- Negotiate with the OTPTAT Board for leniency or dismissal of the case.
- Represent you at a hearing and provide a comprehensive and thorough defense.
- Help you decide whether to submit an appeal.
- Help minimize penalties and maintain your occupational therapist license.
Earning your occupational therapist license and practicing in the state of Ohio is surely a huge achievement for you that requires years of work and training. You want to make sure that false or exaggerated allegations don't harm your career, and if you have made mistakes, you want to learn from them, minimize the consequences, and move forward so you can continue practicing. Contact the Lento Law Firm Professional License Defense Team at 888-535-3686 or via our online contact form, and we'll help you get your occupational therapy career back on track.
