With over 30 million residents to potentially serve, occupational therapists are in high demand in Texas. Most people who earn a license to practice in the Lone Star State can look forward to a long, dynamic, and rewarding career. That is, as long as nothing happens to restrict or invalidate their licenses.
As an occupational therapist in Texas, one of your most important responsibilities is to inform yourself about all the ways that your license could be sanctioned. You must also take steps to protect it, which would include calling the Lento Law Firm Professional License Defense Team at 888.535.3686 or filling out this contact form.
Who Handles Occupational Therapy Licenses in Texas?
The Texas Department of Licensing & Regulation (TDLR) is charged with creating, interpreting, and enforcing the rules and policies by which occupational therapists must practice their profession.
For example, aspiring OTs must complete at least a master's or doctorate degree in occupational therapy from an accredited program. After that, they're required to pass the exam administered by the National Board for Certification in Occupational Therapy and document six months of supervised clinical experience. Finally, after passing a criminal background check and jurisprudence exam, they're allowed to practice legally.
Texas encourages licensed occupational therapists to continue their education and obtain specialization certificates in certain types of therapy, which may have their own rules and policies that the TDLR monitors and imposes.
People of all ages and backgrounds are susceptible to injury and illness. In Texas, occupational therapy focuses on helping these individuals struggling with physical, cognitive, and/or mental health issues to master skills that will help them thrive as independently as possible. For instance, care plans might seek to improve their ability to cook, eat, groom themselves, walk up and down stairs, and manage their own disabilities and other medical conditions.
To accommodate the various needs of the state's population, Texan schools offer OTs a wide array of specialization certificates. Common options include gerontology, hippotherapy, mobility, driving, fine motor skills, fall prevention, aquatic exercise, hand therapy, stroke rehabilitation, socialization, use of assistive technology, and management of diabetes, autism, lymphedema, poor vision, brain injuries, depression, and anxiety.
Through the criteria established by the TDLR, occupational therapists in Texas can work in a variety of environments. They're often employed in hospitals, school districts, assisted living facilities, and private practices.
Occupational Therapy Professional License Violations in Texas
Considering the highly personalized level of care that occupational therapists are expected to provide for their patients, it's no surprise that Texas demands high standards of skill and behavior from them. With that in mind, the TDLR deals sternly with violations of the state's Occupational Therapy Rules. Examples include:
Fraud or Deceit
To ensure every patient gets optimal care, occupational therapists must be honest in all their dealings and interactions. The TDLR may quickly and severely impose sanctions upon discovering that an OT has lied about their qualifications, misrepresented themselves, filed untrue reports, promoted false advertising, another therapist, or allowed someone else to impersonate them.
Lying by Omission
Dishonesty isn't always a direct action. Lying by omission is withholding important truths or facts. If an OT doesn't report information about a patient or fellow therapist, resulting in individual or public harm, the TDLR will likely investigate and sanction the OT's license.
Harassment, Abuse, or Bullying
Every occupational therapy environment is meant to be a safe and positive place, allowing therapists and patients alike to thrive. Hence, the TDLR harshly disciplines OTs guilty of harassment, abuse, and bullying of any kind, whether verbal, emotional, mental, physical, or sexual.
Using Drugs or Alcohol Irresponsibly
Excessive or dangerous use of drugs and alcohol is known to alter a person's behavior, temperament, awareness, and cognition. In the world of occupational therapy, this can create a hostile work environment and/or cause harm to patients. To protect everyone affected, the TDLR is likely to impose sanctions in these cases.
Breaking Confidentiality
As healthcare providers, OTs must do everything they can to guarantee patient confidentiality. This includes securing sensitive information and refraining from sharing anything personal and specific about their patients with others. Anyone who breaches patient confidentiality can expect sanctions from the TDLR.
Accepting Bribes
Occupational therapists can only receive payment for honest and authorized work. Per the TDLR, they can't accept money in exchange for unprescribed medicines, medical equipment, partnerships, patronage, extra clientele, patient information, or similar benefits and favors. The TDLR has no tolerance for violations of this rule, as it can compromise the quality of patient care and safety.
Failure to Give Proper Notice
Most OTs sign work contracts that require giving a certain amount of notice prior to resignation or termination from their jobs. This is crucial for minimizing interruption in patient care. If an OT leaves without the proper notice, they could have difficulty finding another job in addition to finding sanctions on their license.
Gross Negligence or Incompetence
Mistakes are human, but in healthcare, consistent errors and unaddressed flaws can have long-term negative effects on individual and public health. If the TDLR determines that an occupational therapist is and will continue harming others with their lack of care, attention, or skill, said therapist could face sanctions. The same is true of therapists who are declared mentally incompetent by a court.
Unauthorized Use of Skills
An occupational therapist's training is highly specialized; it can only be applied to certain uses and in certain circumstances. Performing occupational therapy without a valid license or the patient's written consent often calls for swift and severe sanctions from the TDLR. OTs may also find themselves disciplined for using their skills for any purpose other than patient care, clinical research, or public health.
Conviction of a Crime
All OTs are required to submit criminal background checks and fingerprinting to obtain or renew their professional licenses. The TDLR reserves the right to deny, suspend, or revoke the license of any OT who has been convicted of a crime. Minor misdemeanors and infractions are not usually cause for concern, but higher misdemeanors and felonies can cost an OT their license, especially if the crimes involved actions that would damage a healthcare environment, such as theft or assault.
Sanctions in Another State
After their licenses are sanctioned in one state, some occupational therapists move to other states, hoping to start fresh. However, the TDLR will know if an OT's license was disciplined elsewhere, and it could lead to additional sanctions.
How Does Texas Discipline Occupational Therapy License Violations?
If you've been accused of any of these violations, the TDLR has a process in place for investigating your case and choosing whether or not to discipline you. Set yourself up for a successful defense by becoming familiar with it.
Formal Investigation
The Texas Board of Occupational Therapy Examiners accepts complaints in writing. Upon receiving one, they'll inform the offending OT about it, after which they'll organize an investigation committee to look for more information. If necessary, they'll hire a private investigator to assist.
The typical investigation involves weeks or months of thorough research. The committee may request and evaluate relevant documents, recordings, or video footage, interview witnesses and associates, and arrange conferences with the offender and/or complainant to understand more about the incident.
The board doesn't take further action if the committee can't find evidence of any wrongdoing, or they will refer the offender and/or complainant to a different entity if the incident is outside their scope of authority to investigate or adjudicate. Otherwise, the committee will recommend that the board examine all the available information and determine how to proceed.
Review of Evidence
Should the board decide to pursue the matter further, they'll send another notice to the offending OT, giving them ten calendar days to communicate their acceptance of the board's decision or contest the case.
If you receive this, you can request an informal settlement conference. It's an opportunity to convince the board to dismiss the complaint, collaborate with you on a mutually agreeable disposition, or ensure that they have the facts straight before scheduling a formal hearing.
Formal Hearing
The investigation committee will refer your case back to the board if you don't accept their initial conclusions or don't agree with the results of the informal settlement conference. After further review, the State Office of Administrative Hearings may take over the case, arranging a formal hearing to finally determine your guilt and/or appropriate punishment.
Here, you'll have another chance to defend yourself with more rigorous evaluations of the evidence, thorough witness testaments, and greater consideration of any mitigating circumstances.
Disciplinary Assignment
There are several possible sanctions for an OT found guilty of a license violation, and some of them can be combined. The following are most common:
Formal Letter
You may receive a written warning to fix your behavior, along with a description of what could happen if you refuse. If the violation involved false advertising, fraudulently obtaining a professional license, impersonation of another therapist, or allowing someone to impersonate you, then it may specifically be a cease-and-desist letter.
Although this punishment essentially amounts to nothing more than a slap on the wrist, employers may request the state government and use the information to turn you down for work or promotions.
Fees or Fines
Certain violations carry fees or fines that you must pay. Since the fees and fines are usually multiplied by the number of times the violation was committed, the sum can climb quickly. You could end up struggling financially even after you've paid everything off, compromising your quality of life and options for continuing education.
Suspension
The board may suspend your professional license anywhere from a month to a year, depending on the violation. You would be legally unable to practice occupational therapy during that time, which could burden you financially and create an experience or skill gap in your resume.
Revocation
Serious or repeated violations might convince the board to revoke your professional license altogether, meaning that you could no longer work as an occupational therapist at all. Although there is the possibility of reinstatement if you petition after 180 days, you might be subject to greater scrutiny and approval conditions than before.
Restriction
Perhaps you'll get to continue working in occupational therapy, but the board will limit your scope of practice. You wouldn't be authorized to perform all the same tasks and duties as other OTs. This may deprive you of the chance to master or demonstrate certain skills that could help you advance vocationally.
Community Service
You might have to complete 30 to 60 of community service to retain or reinstate your occupational therapy license. While this is one of the less severe forms of punishment, it can impact your availability for work or socialization, which can affect your relationships and future career opportunities.
How Can the Lento Law Firm Help You?
From start to finish, the investigation and disciplinary process of occupational therapy licensees can be stressful and confusing. It will not only affect your work but your ability to defend yourself.
The best way to save your career is to hire the Lento Law Firm Professional License Defense Team. With a fierce dedication to their clients, nationally renowned experience in professional license defense, and an extensive understanding of occupational therapy law in Texas, they're prepared to help the board see your side of things, leading to an outcome in your favor.
You Can Still Be an Occupational Therapist in Texas
The people of Texas need occupational therapists who are caring and competent. No matter how you may or may not have violated the rules that govern your license, you deserve a chance to shine in your profession and see how your skills improve the lives of others. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or fill out this contact form to learn what they can do to help.
