Occupational therapy increases the quality of life for countless Virginians. You have worked so hard to get your Virginia occupational therapy license and are providing an important service to your community. When your whole job centers on helping others, it can be a shock to learn you are being accused of misconduct.
You may not know how to respond to the allegations. Whether they are baseless or the result of a lapse in judgment, the Lento Law Firm is here to help. Our Professional License Defense Team is in your corner and will fight to protect you and your Virginia occupational therapy license. Call us today at 888-535-3686 or contact us online.
Grounds for Disciplinary Action Against Your Virginia Occupational Therapy License
Virginia regulations on occupational therapy detail prohibited behaviors that can result in disciplinary action against your license. While there is no shortage of acts that may get you in trouble, a few of them include:
- Making false statements or being fraudulent or deceitful in obtaining your occupational therapy license
- Practicing occupational therapy under a different name or impersonating another practitioner
- Substance or alcohol abuse that makes you unfit to perform your professional duties as an occupational therapist
- Mental or physical incapacitation or incompetence that results in the inability to practice occupational therapy safely
- Failure to notify the board of disciplinary action in another state where you are a licensed occupational therapist
- Aiding, abetting, or having a professional relationship with someone illegally practicing occupational therapy in Virginia
- Engaging in sexual contact with a client
Virginia Occupational Therapy License Disciplinary Action Process
When you are accused of misconduct as an occupational therapist in Virginia, you will be heard by the Virginia Department of Health Professions' Enforcement Division. The Enforcement Division is tasked with ensuring that all those working in the 62 licensed healthcare professions in the Commonwealth are complying with laws, regulations, and professional standards. It is also responsible for handling complaints related to a few different types of healthcare facilities, including pharmacies, vet offices, and funeral homes.
While no one can accuse the Enforcement Division of having free time to take complaints for all these professions and facilities, it still takes every complaint seriously. The Board of Medicine and its Occupational Therapy Advisory Board are also involved in the disciplinary action process for occupational therapists.
When a complaint is filed against you and your Virginia occupational therapy license, you have a long road ahead. Your Lento Law Firm attorney will explain the process in detail, but below is an overview of what to expect.
Complaint
The first person who will review the complaint against you is the Virginia Department of Health Director. This person will conduct only a brief and preliminary review to determine whether the complaint alleges misconduct that is against relevant occupational therapy laws and regulations. Hundreds of complaints each year don't meet this standard and are immediately closed without investigation.
Investigation and Temporary Suspension
Credible claims are referred to the Enforcement Division for a full investigation. Investigations will involve interviewing you, the person who filed the report, witnesses, and potentially your employer, as well as collecting relevant documents and other evidence (photos, video, etc.).
When your case was entered into the Department of Health tracking system, it was assigned a priority level. The level at which your case was assigned directly correlates to whether the allegations against you, if true, present a real or potential danger to public health or safety. If your case is a high priority, the Advisory Board may get involved immediately to temporarily suspend your license. In Virginia, this temporary suspension is called a summary and mandatory suspension. When the Advisory Board decides this action is necessary, it must immediately schedule a formal hearing within a reasonable time frame. The informal conference process will not be pursued.
As the investigation progresses, the Enforcement Division may change your case's priority level. When the investigation is complete, the Enforcement Division will draft an investigation report for the Advisory Board.
Probable Cause Determination
The Advisory Board will review the investigation report upon receipt. It will determine if probable cause exists in your case; this is a fancy term for saying it is more likely than not that the allegations against you are true. There are two options the Advisory Board seems to pursue at this juncture: it will send you notice of an informal conference or work with your Lento Law Firm attorney to reach a pre-hearing consent agreement.
Consent Agreements and Advisory Letters
At this point, the Advisory Board can offer a few different consent agreement options:
A Pre-Hearing Consent Agreement
Pre-hearing consent agreements are offered to occupational therapists in two scenarios: when the facts of their case are clear or when the occupational therapist admits they committed the alleged misconduct. A pre-hearing consent agreement is exactly as it sounds: an agreement signed before you move forward with an informal conference or a formal hearing.
The pre-hearing consent agreement will include a few things. First, it will report the findings of fact, conclusions of law, and the Advisory Board's suggested sanctions. It will also state that you are waiving your rights to further defend yourself in informal or formal proceedings or in filing an appeal.
A Confidential Consent Agreement
Confidential consent agreements are used in cases where the occupational therapist has committed minor misconduct. This type of agreement is not considered to be a disciplinary action and will immediately close your case. When you sign a confidential consent agreement, you admit guilt to the misconduct allegations without suffering any consequences.
A Consent Agreement
Like a pre-hearing consent agreement, a consent agreement will include the findings of fact, the conclusion of law, proposed sanctions, and waiver of rights to the remaining parts of the disciplinary process or the option to appeal.
The difference between a pre-hearing agreement and a regular consent agreement is timing. A consent agreement can be made at any time before the Advisory Board renders its determination, such as after your informal conference or even after your formal hearing, while the Advisory Board is deliberating.
All of these options are the ideal outcomes for your case. Especially pre-hearing, confidential consent agreements, and advisory letters, which save you time and money and the emotional stress of the formal disciplinary process. At the Lento Law Firm, our Professional License Defense Team will do everything in our power to get you a consent agreement with the best terms possible. Our seasoned professional licensed defense attorneys have negotiated consent agreements for countless occupational therapist clients throughout Virginia.
Advisory Letter
In minor cases, the Advisory Board may decide that it isn't worth it to go through the disciplinary action process. It will issue you a confidential advisory letter notifying you that the case has been closed. They aren't saying you are innocent of the allegations, and you don't have to admit guilt for the Advisory Board to issue an advisory letter. The letter will suggest that you review certain laws, regulations, or methods of practice.
Informal Conferences
The Advisory Board will generally move forward with an informal conference. The good news is that most cases are resolved with an informal conference, which makes the formal hearing process unnecessary. Two Advisory Board members will meet with you at the conference. Before the conference, you will receive notice, which includes the allegations against you and all supporting evidence in your case.
The Advisory Board members will answer your questions; you aren't compelled to answer them. It is incredibly important to have your Lento Law Firm attorney present. Your attorney will tell you which questions to answer and prepare you beforehand so you can answer questions honestly but effectively.
Informal conferences can end in a few different ways, with your case being dismissed if there is insufficient evidence to support the claim or by drafting an order. The order will include the findings of fact, conclusions of law, and proposed disciplinary actions. The sanctions the Advisory Board members can put forth include:
- Probation with terms
- Reprimand
- Modifying a previous order
- Monetary penalties
The Advisory Board will typically offer you a consent agreement to be approved by the full Advisory Board. If a consent agreement is not offered, you will have 33 days to either accept or reject the order. If you reject the order, your case will proceed with a formal administrative hearing.
Formal Administrative Hearing
The full Advisory Board, a panel of Advisory Board members, or a hearing office can conduct formal administrative hearings. Administrative formal hearings and procedures work like a trial, except that evidentiary rules and other procedures might differ slightly. Your Lento Law Firm attorney knows all the ins and outs of the process. Your Lento Law Firm attorney will present your defense by calling witnesses, introducing evidence, and more. Just like you would never represent yourself in court, it would be unwise to represent yourself during the hearing. Your Lento Law Firm attorney is familiar with all the policies and regulations around administrative hearings and will offer the best defense and chance of success in your case.
Determinations
The determinations the Advisory Board can issue after a formal administrative hearing are the same as those they can propose at the informal conference and for a consent order, plus a few. These options include:
- Probation with terms
- Suspension
- Reprimand
- Modifying a previous order
- Monetary penalties
- Revocation
Appealing Your Virginia Occupational Therapy Board Disciplinary Determination
When you have reached the end of the formal disciplinary action process and received a subpar outcome, it is understandable that you are upset and exhausted. You may feel defeated and like you don't have the will or stamina to fight anymore. But your Virginia occupational therapy license is your livelihood, and you can't afford to quit now.
You may be entitled to continue the fight with a disciplinary action appeal. Advisory Board decision appeals must be filed in the circuit court with jurisdiction over your case. Your Lento Law Firm will tell you which court is appropriate and handle your appeal from the start. The circuit court will have a few options in your case. It may suspend the Advisory Board's decision or suspend the decision while the Advisory Board takes a second look at your case. If you still don't agree with the outcome, your case can be appealed further to the Supreme Court of Virginia.
National Board for Certification in Occupational Therapy Disciplinary Action
You studied hard, dedicating many hours to passing your National Board for Certification in Occupational Therapy (NCBOT) exam to qualify for licensure in Virginia. When you're facing misconduct allegations, it isn't only the Virginia Department of Health Professions and Advisory Board that could threaten your occupational therapy license. NBCOT is also authorized to take disciplinary action against Virginia occupational therapists accused of misconduct.
NBCOT can open its own investigation into the misconduct. The process works similarly but more simply than the Advisory Board disciplinary process. Following the investigation, NBCOT will either dismiss the case due to a lack of sufficient evidence, dismiss the case because it is or was handled by the Advisory Board, or move forward with a hearing. After the hearing, it will decide which includes:
- Temporary or permanent ineligibility for NCBOT certification
- Reprimand
- Censure
- Certification probation
- Certification suspension
- Certification revocation
Retain the Lento Law Firm Professional License Defense Team Today
When your Virginia occupational therapy license is threatened, you need the best to fight for you; that's the Lento Law Firm Professional License Defense Team. Protect your license today by calling us at 888-535-3686 or contacting us online.
