In Pennsylvania, occupational therapists are responsible for serving over 13 million residents. It's crucial for them to maintain their licenses not only so that they can take full advantage of the plethora of opportunities for success but also to ensure that every patient gets the care they need. Unfortunately, there are multiple ways that OTs can lose their professional licenses.
Don't let it happen to you. If you're an occupational therapist in Pennsylvania, get the legal assistance you need to keep your career intact no matter what happens. All you have to do is call the LLF Law Firm Professional License Defense Team at 888.535.3686 or fill out this contact form.
Who is Responsible for Occupational Therapy Licenses in Pennsylvania?
Under the umbrella of the Pennsylvania Department of State, the Bureau of Professional and Occupational Affairs establishes and enforces all rules and regulations surrounding professional licenses, including those for occupational therapists.
To start a career as an occupational therapist in Pennsylvania, the bureau first requires you to complete an approved four-year program in the field. Next is to complete six months of documented supervised field experience and pass the exam given by the National Board for Certification in Occupational Therapy.
Following all that, many occupational therapists go on to develop specialties. To accommodate this, Pennsylvanian schools offer numerous options for continuing education. Popular examples include physical rehabilitation, mental health, geriatrics, pediatrics, hand therapy, remedial vision, and general health and wellness for communities with disabilities or rare needs.
Every specialty focuses on helping patients manage or recover from injuries, illnesses, and other medical conditions that affect their daily lives. Treatment plans can be diverse, covering tasks and skills like cooking, eating, cleaning, basic mobility, self-grooming, memory improvement, emotion regulation, and more. Depending on the specialization certificate of choice, Pennsylvanian OTs can develop careers in private clinics, hospitals, assisted living facilities, and school districts.
Occupational Therapy Professional License Violations in Pennsylvania
The Keystone State is known for its respectable healthcare system, and that's partly due to the high standards that the Bureau of Professional Occupational Affairs imposes upon its occupational therapists. However, with high standards come strict punishments for professional license violations. The state's Occupational Therapy Act and code of ethics specifically mention the following:
Criminal Conviction
Some crimes make the bureau doubt that a person is trustworthy or competent enough to be an occupational therapist. Examples include harassment, theft, embezzling, assault, identity fraud, and more. Whether it occurs before or after you obtain your occupational therapy license, the bureau might deny, restrict, suspend, or revoke it if a background check uncovers these or other crimes on your record.
Lack of Concern or Respect for Patients, Colleagues, and Workplaces
Pennsylvania takes basic respect so seriously that it's codified. Occupational therapists are expected to honor their patients' wishes and decisions, communicate professionally with everyone, give proper credit to their colleagues, collaborate with patients, families, and other professionals in creating and executing treatment plans, and comply with the policies of their workplaces. Disrespect can foster unproductive or hostile work environments, so OTs can end up sanctioned for it.
Patient Abandonment
When an occupational therapist leaves their position or has any other reason to end a professional relationship with a patient, they must arrange for a proper transition. This includes notifying the patient and ensuring that the next OT has all the information necessary to continue care without interruption. Anything less is patient abandonment, which can cause confusion, harm, or distrust, making it a sanctionable offense.
Dishonesty, Fraud, or Promotion of Misleading Information
Perhaps it's no surprise that occupational therapists in Pennsylvania can be sanctioned for lying to their patients or colleagues. However, according to the code of ethics, they must also take care to represent their qualifications, services, and knowledge with integrity.
Specifically, they can't mislead the public with false advertising or misrepresentation of their credentials, nor can they obtain or retain a professional license with fabricated qualifications. Furthermore, if they withhold important information from their patients or fail to report a colleague's violations to the bureau, they could be guilty of lying by omission, which is also sanctionable.
Breach of Confidentiality
As medical professionals, occupational therapists in Pennsylvania are charged with protecting all personal and sensitive information regarding their clients. This includes full names, addresses, contact methods, birthdates, social security numbers, medical conditions, and more. OTs must make the same effort to safeguard their colleagues' privacy as well. The bureau will severely discipline anyone who breaches confidentiality in the workplace, whether by intent or simple neglect.
Harassment or Bullying
Patients and working professionals alike do best in positive, safe, and constructive environments, which are impossible to create if harassment and bullying go unchecked. Assault, mockery, intimidation, threats, stalking, derogatory comments, discriminatory behavior, and similar actions are all grounds for harsh sanctions in the eyes of the bureau.
Permitting Undue Influences or Impairment
To properly serve their patients' best interests, occupational therapists must work with clear heads and sound decision-making. That means staying away from “undue influences” or anything that could dull their senses, impair their judgment, or compromise their analytical skills. Drugs and alcohol are common examples, but the term could also refer to addictions, social expectations, and other pressures. Whatever the type of influence, it can lead to sanctions.
Allowing Conflict of Interest
Occupational therapists usually produce the best results for patients with whom they can be objective. If they have personal relationships with their patients or their families—whether positive or negative—then there would be a conflict of interest that could affect the creation and execution of treatment plans. Since subjectivity like this can harm patients, the bureau regards conflicts of interest as sanctionable.
Sexual Relationships
There are few conflicts of interest more powerful than sexual relationships. They frequently lead to distractions, favoritism, social toxicity, distrust, and other serious issues within the workplace. The bureau deals sternly with occupational therapists who engage in sexual relationships with colleagues, patients, or patients' family members.
Exploitation, Bartering, or Bribery
In Pennsylvania, an occupational therapist's success must come from honesty and skillfulness to ensure quality and trustworthiness in the workplace. If OTs obtain work or falsify results by exploiting relationships or negative information, bartering services, or giving or accepting bribes, the bureau is likely to issue stern sanctions.
Poor Performance
Simply put, occupational therapists in Pennsylvania must prove that they can do their jobs. The point of occupational therapy is to help patients live more comfortably, independently, and healthily; if they're harming patients instead, the bureau may consider imposing sanctions to protect them and minimize legal issues.
The Disciplinary Process of Occupational Therapy License Violations in Pennsylvania
Have you been accused of violating the code of ethics for occupational therapists in Pennsylvania? It's understandable to feel overwhelmed by stress and worry, but it becomes more manageable when you know what to expect. This is what the disciplinary process is like in the Bureau of Professional and Occupational Affairs.
Review of Complaint
The bureau provides a way for anyone to file a complaint about a licensed professional in Pennsylvania. The State Board of Occupational Therapy receives complaints related to OTs. Usually, the board dismisses complaints that lack evidence or don't actually amount to violations. However, if the complaint is serious and credible, the board moves on to the next phase.
Investigation
The board will launch an investigation to find out whether there's reason to believe that you're guilty. An investigation usually involves collecting evidence in the form of documents, pictures, or recordings, as well as interviewing witnesses and subject matter experts. The bureau's Prosecution Division often assists with this phase of the disciplinary process.
Hearing
Should the investigation point toward your guilt, then the board will likely invite you to a formal hearing so that you can defend yourself. This is arguably the most crucial moment to have the LLF Law Firm Professional License Defense Team on your side. They can present facts, evidence, interpretations, and angles that you might not have considered to prove your innocence or gain the board's sympathy.
If you have not already done so, this is also a great opportunity to submit a statement describing how your life or career has suffered negative impacts because of the accusations against you. The board could take this statement into consideration when assessing your guilt or choosing a sanction.
Adjudication
Once the hearing is complete, the board decides whether you're guilty and how to discipline you. Generally, you could expect one or a combination of the following sanctions, depending on the violation:
Fines
To pay for damages, compensate the board, and/or dissuade re-offenses, you could be hit with fines. Depending on the severity and number of violations, the sum of the fines might destabilize you financially and keep you from taking continuing education courses that would help you advance vocationally.
Settlement
If your violation caused direct and quantifiable harm to another person or entity, the board might order you to agree to a settlement with them. The penalties are often monetary but could include other stipulations as well, such as conditions and requirements you must fulfill to continue practicing. It could impact your wallet and limit your professional options.
Treatment Program
The board offers treatment programs to offenders whose violations are related to drug or alcohol abuse and other addictions. In many cases, participating in such programs will interrupt your career, but your license itself could remain valid. Refusing a program might cause the board to lean more heavily into other types of sanctions.
Suspension
Perhaps the board will decide that you simply need a break from work. In that case, they'll suspend your license for a predetermined amount of time and/or until you can fulfill certain conditions for restoring it.
Until then, you would have to rely on savings, welfare, the generosity of family or friends, or other jobs to help you survive. You would also have to explain the gap in your resume to any future employers, potentially affecting your ability to find work as an OT again. In other words, suspensions can set you back financially and vocationally for years to come.
Revocation
Egregious or habitual offenders could face license revocation. This means that the board would strip you of the right to practice occupational therapy at all.
Although you can get your license reinstated, you'll likely have greater difficulty earning the board's trust and approval. Plus, you'll have to pay renewal and/or late fees. Also, being barred from occupational therapy work for so long will have the same long-term financial and professional impacts as suspensions.
Why Ask the LLF Law Firm for Help?
Undergoing an investigation or dealing with a professional license sanction is stressful enough. It's even harder to endure alone, and you're more likely to suffer long-term repercussions on your career if you're subjected to harsh discipline.
Luckily, the LLF Law Firm boasts ample experience in professional license defense, including for occupational therapists. Their comprehensive defense strategies combine their commitment to their clients with their deep knowledge of federal laws, state regulations, and the specific processes required by Pennsylvania's Bureau of Professional and Occupational Affairs. As a result, their success record speaks for itself. Your career is safe in their hands.
Continue Your Occupational Therapy Career in Pennsylvania
Pennsylvania is rife with opportunities for occupational therapists to help people in need. License violations shouldn't prevent you from thriving or deprive patients of your talents. To protect your license, call the LLF Law Firm Professional License Defense Team today at 888.535.3686 or fill out this contact form and schedule a consultation.
