More than eight million people make their homes in the state of New York, but not everyone there has great access to healthcare. This is one reason why the availability of occupational therapists is so important, and the field's professionals have practically endless opportunities for work. For many of them, the only obstacle might be retaining their professional licenses.
Fortunately, the Lento Law Firm is proud to offer the highest quality in legal assistance to occupational therapists who are facing possible sanctions. To find out how they can protect your license, call the Lento Law Firm Professional License Defense Team at 888.535.3686 or fill out this contact form.
An Overview of Occupational Therapy Licensing in New York
All professional licensing is overseen by the Office of the Professions, part of the New York State Education Department. This department is responsible for making and enforcing the rules and requirements for occupational therapists. According to the laws they established, OTs must meet the following criteria:
- A minimum of 21 years old (18 years old for OT assistants).
- A bachelor's or master's degree in occupational therapy.
- Completion of an occupational therapy program approved by the Accreditation Council for Occupational Therapy Education (ACOTE of the American Occupational Therapy Association (AOTA).
- Six months of documented and supervised clinical experience.
- Passing scores on the exams administered by the National Board for Certification in Occupational Therapy (NBCOT).
- An acceptable criminal history background check.
However, an OT's education and qualifications don't stop there. They must keep up with developments in their trade and take courses to help them refine their skills or specialize in certain practices.
For instance, OTs who are primarily interested in mental health or cognitive issues can take additional courses in dementia care, depression therapy, behavioral or sensory disorder management, and the like. Those who want to focus on the disabled and/or elderly might benefit most from courses in physical therapy, speech therapy, vision rehabilitation, exercise, mobility, fall risk minimization, motor skill improvement, stroke and injury recovery, and more. There are also courses for OTs who work mainly with children to assist with issues like ADHD, autism, self-regulation, infant massages, pediatric yoga, and more.
What all these courses have in common is that they're designed to teach OTs how to help their patients maintain their dignity and achieve more independence, improving their overall quality of life. With the right guidance, patients can heal from serious injuries, manage medical conditions, and perform basic everyday tasks, like cleaning, cooking, eating, writing, self-grooming, and simply moving around.
With so many options, New York's occupational therapists have a plethora of opportunities to develop their careers. Schools, hospitals, clinics, in-home care groups, and assisted living facilities are all possible choices.
Occupational Therapy Professional License Violations in New York
With so many potential patients throughout the state, the New York Office of the Professions demands the best from its occupational therapists when it comes to skill and behavior. Its policies and expectations are clearly described in the Rules of the Board of Regents, so OTs can face disciplinary measures for any of the following violations:
Dishonesty, Misrepresentation, or Fraudulent Activity
Integrity is among the most fundamental characteristics required of occupational therapists.
First, they must be truthful when applying for their professional licenses. After receiving licenses and finding employment, they must refrain from using false advertising, fabricating reports, allowing patients to believe that they're doctors, or guaranteeing that a certain treatment will cure patients of their ailments. Even neglecting to wear a visible badge with their name and job title could be construed as dishonest because of its potential to mislead patients and employees alike.
The board may view an OT who commits these violations as untrustworthy, which is why disciplinary action is a possible consequence.
Bribes or Undue Influences
To ensure objectivity and fairness, occupational therapists must refuse to accept extra money or gifts in exchange for favors, medicines, products, or special services. By the same token, they must not offer any such items to employees or patients to get more referrals, promotions, or similar unearned benefits. They are also barred from using pressure, manipulation, or any other “undue influence” to get someone to provide referrals or buy their products or services. Since these actions are another way of compromising integrity, the board considers them sanctionable.
Failure to Maintain Records
Efficient recordkeeping is key to patient care. An OT who doesn't take the time and effort to regularly create, update, and organize care plans, evaluations, and patient information is unlikely to keep up with their patients' needs. Plus, future OTs would have difficulty taking over if necessary. The board may sanction anyone who doesn't perform such a basic but crucial task.
Lack of Sanitation, Disinfection, or Hygiene
Although OTs seldom work with the same amount of contagions and bodily fluids common in other healthcare fields, there's still plenty of opportunity for germs to spread on therapy equipment. If OTs don't regularly wash, disinfect, or sanitize their tools and work environment, employees and patients alike could get sick. It can damage patients' trust and compromise their progress, in addition to driving away good employees, so the board often sanctions OTs who keep an unclean workplace.
Abuse, Bullying, or Harassment
For employees trying to do their best work and patients embarking on a grueling journey of healing or self-improvement, a positive and safe environment is imperative to success. No one feels positive or safe when there's abuse, bullying, or harassment. Whether it takes the form of intimidation, discrimination, assault, stalking, threatening, derogatory language, or similar crimes, the board harshly disciplines any OTs found guilty of this violation.
Breach of Confidentiality
Patients must provide a lot of personal and sensitive information to healthcare providers to receive and afford the treatments that they need. Part of an occupational therapist's job is to keep that information secure and confidential. If they share it with unauthorized people or fail to take reasonable steps to protect it, then they could end up sanctioned.
Patient Abandonment or Neglect
Every occupational therapist should be attentive and respectful toward their patients' needs. OTs who fail to provide proper and thorough care or arrange for their transfer to another therapist if necessary are guilty of letting the patients' needs go unfulfilled, and their goals for recovery or self-improvement could suffer as a result. The board regards this as extremely unprofessional on the part of the OT, and sanctions are likely.
Poor Treatment of Patients
Even OTs who pay attention to their patients might provide subpar care. Honest mistakes are inevitable, but consistently creating and executing ineffective care plans due to willful ignorance or gross incompetence suggests that the OT is unfit for their chosen profession. Also, ordering unnecessary and excessive tests and treatments puts undue burden on patients, another indication that the offender shouldn't be an OT. The board usually imposes sanctions in such cases.
Inadequate Employee Supervision
Many OTs act as supervisors to other employees, especially aides or assistants. Sometimes, a subordinate's mistakes or shortcomings reflect poor judgment or neglect on the part of the OT in charge. Whether the subordinate's problem is insufficient training, lack of resources, or incompetent delegation, OTs often face sanctions if the board believes that they're bad at supervising.
Dubious or Immoral Conduct
According to the Rules of the Board of Regents, occupational therapists can be sanctioned simply for “questionable moral practices.” The term is vague enough to cover anything generally regarded as unprofessional, inappropriate, or ethically unacceptable. Examples may include discrimination, sexual relationships with patients or subordinates, overcharging for services, working under the influence of drugs or alcohol, conviction of a crime, and more.
The Disciplinary Process for Occupational Therapists in New York
Before the board imposes sanctions for any of these violations, it must follow a pre-established disciplinary process. It includes several steps outlined below.
Investigation
The board provides a means of filing complaints to begin the investigation process. As long as there is enough reason or evidence to think the complaint is valid, the board will assign researchers to check into it and determine whether the accused truly committed any wrongdoing. Interviewing witnesses, evaluating environments, and collecting relevant documents, videos, and recordings are all normal elements of an investigation.
Filing of Consent Order
If an investigation uncovers enough information to conclude that the accused is indeed guilty, the board may file a consent order. This gives the offending OT a chance to settle the matter as painlessly as possible by agreeing to whatever disciplinary action the board suggests. The possibility of a quick resolution may be tempting, but no one should accept a consent order without the opinion or defense of a lawyer.
Formal Hearing
Denying a consent order typically prompts the board to schedule a formal hearing. It's the best opportunity for an OT to defend themselves and either prove their innocence or convince the board to assign them a less severe disciplinary action. A great legal team is crucial to ensuring a fair outcome that won't derail anyone's career.
Judgment
Should the board conclude that an occupational therapist is guilty of the complaint filed against them, the next step is to decide what disciplinary actions or sanctions to impose. For OTs in New York, that means becoming subject to any of the following:
Censure and Reprimand
A written censure and reprimand document officially acknowledges the OT's offense and warns against committing it again. Although it has the fewest long-term repercussions compared to other sanctions, it can still make patients and employers hesitant to work with you.
Fine
For some violations, the board may decide that a fine is punishment enough. Considering the potential financial hardship and how it can prevent OTs from pursuing other opportunities or continuing education, it can be effective in deterring future offenses.
Suspension
Depending on the severity and/or number of violations, the board could determine that it's in the best interest of everyone involved if the OT stopped working for a certain period of time or until they meet certain conditions. Unfortunately, it's one of the toughest sanctions for an OT because of the weeks or months spent without pay or being unable to develop and hone their skills.
Revocation
The most egregious or repetitive offenses could result in the board revoking an OT's license. This means that the OT could no longer practice in their field at all without going through a lengthy and difficult appeals or reinstatement process, which may not even work out. It could force an OT to choose a field or go years without the experience they would need to advance their career.
Enrollment in Professional Assistance Program
The board tries to be understanding toward OTs whose violations are related to drug or alcohol abuse. That's why one of the possible sanctions is a requirement to complete a professional assistance program designed to help them overcome their addictions. While OTs can often go back to work afterward, it's often intense and keeps them out of the field long enough to create questionable gaps in a resume.
Hire the Lento Law Firm
If you're an occupational therapist dealing with possible sanctions in New York, the disciplinary process can easily feel overwhelming. The plethora of options for legal assistance probably won't help ease your stress, so save yourself the trouble and contact the Lento Law Firm Professional License Defense Team.
Since its inception, the Lento Law Firm has built a reputation for conquering even the most daunting and complicated legal challenges for licensed professionals like yourself. In fact, you would be hard-pressed to find any law firm that enjoys the same degree of national renown and respect. You can trust that the Lento Law Firm Professional License Defense Team will save your career with a compelling defense strategy comprised of their extensive knowledge of New York law and their dedication to you as an occupational therapist with great potential.
Let Nothing Stop Your Occupational Therapy Career in New York
Considering New York's famed diversity, there will always be patients with a variety of needs. As an occupational therapist, you have the rewarding right and opportunity to help as many of them as you can and want. You simply need to ensure that your license has proper protection. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or fill out this contact form to find out how they can help.
