Being a Washington occupational therapist is an important job. Your work allows you to help your clients live in ways they may have never thought possible. When you have dedicated your career to your clients and care deeply for them, it can be shocking to learn you have been accused of misconduct. It is understandable to feel lost, alone, or even angry. At the Lento Law Firm, we are here to help you navigate the Washington occupational therapy license disciplinary process. Our Professional License Defense Team will fight tirelessly to preserve your license. Get started with the Lento Law Firm today by calling us at 888-535-3686 or contact us online.
Grounds for Disciplinary Action Against Your Washington Occupational Therapy License
Misconduct allegations can run the gambit from administrative to physical patient harm. At the Lento Law Firm, our Professional License Defense Team has seen it all, but the most common allegations of misconduct we see are:
- Practicing negligently or incompetently
- Using drugs or alcohol impairing the ability to practice safely
- Sexual misconduct with a client
- Physical abuse of a client
- Verbal abuse of a client
- Fraud or misrepresentation in occupational therapy license applications
- Falsifying or altering client records
- Practicing outside the scope of an occupational therapy license
Washington State Occupational Therapy License Disciplinary Action Process
The Washington State Occupational Therapy Practice Board disciplinary action process can be long and overwhelming. You might wonder how you got into this situation and how you will ever escape it. You never have to go through the process alone; the Lento Law Firm is here to support and defend you every step of the way. Even if you suspect a complaint may be filed against you, the Lento Law Firm can advise you on the pre-accusation stage of your case.
The disciplinary process can look different depending on the nature and severity of your case, but generally, the process looks like this.
Complaint
The disciplinary process generally begins with a formal complaint. Patients, coworkers, employers, other medical professionals, or even anonymous sources can file a complaint against a licensed Washington State occupational therapist. Sometimes, complaints may also arise from mandatory reporting obligations.
A formal complaint or disclosure to the Practice Board or Department of Health isn't the only way to initiate the disciplinary action process. The Practice Board may suspect misconduct without a formal complaint being filed. If it hears of misconduct through the grapevine, it has the authority to open an investigation.
Once someone submits a complaint against you and your Washington State occupational therapy license, it is reviewed by staff from the Washington State Department of Health who work closely with the Practice Board. If the complaint contains sufficient details suggesting a possible violation of relevant Washington State occupational therapy laws, regulations, or professional standards, it can move the case into the investigative phase.
If the Practice Board decides to take action, it will notify you that you are under investigation. You need to call the Lento Law Firm as soon as you learn that a complaint has been filed against you, even if the Department of Health or Practice Board has not yet notified you. Having a professional license defense attorney in your corner from day one can make all the difference in the outcome of your case.
Investigation
As stated above, if the allegations against you include violations of Washington State occupational therapy laws, regulations, and standards of practice, you will be subject to investigation. There are also situations in which the Department of Health and Practice Board is required by Washington State regulation to open an investigation. A few examples of when the relevant regulation requires the Department of Health to open an investigation include if you have been disqualified from participating in federal aid programs like Medicare and Medicaid or if you have faced repeated complaints, arrests, or other actions against you, even if they have not led to formal adjudication.
A few different people are involved in investigations against Washington State occupational therapists. You can expect a Department of Health investigator, a Department of Health staff attorney, and a licensed Practice Board member, among others.
The investigative team will do a few things, including collecting relevant documents like patient records, employment records, and more. The investigative team will also interview you, witnesses, and other relevant parties. Part of the investigative process can also require you to undergo certain physical or mental health evaluations if these things play a factor in the allegations of misconduct against you and your Washington State occupational therapy license.
The investigative process can be extensive and intrusive. You are required by law to cooperate with the investigation. You may be wondering what compliance looks like. This is one reason why having the Lento Law Firm attorney present through the investigation is crucial. We ensure your rights are preserved, and you are being painted in the best light to the investigators. You may be encouraged to say things or provide information that isn't required under the law.
Just because the investigator seems nice and friendly, remember their job isn't to protect you. They can use your own words against you down the line. The only person you can guarantee is on your side is the Lento Law Firm Professional License Defense Team attorney.
At the conclusion of the investigation, the investigation team will draft an investigative report and send it to the Practice Board with its findings.
Statement of Charges
The Practice Board will review the investigative report and supporting documents. If the Practice Board believes, based on the report and evidence, that you have violated a law, regulation, or standard of care, it will issue a statement of charges. You will receive this document in writing by mail. The statement of charges will include a few things: the specific violation you are accused of, the proposed disciplinary action, and your right to request a hearing.
Receiving a statement of charges from the Practice Board can be scary. Your first instinct may be to avoid the whole thing or try to figure out a plan to get out of the situation on your own. Ignoring a statement of charges or putting off responding isn't an option. You will face worse consequences if you don't address the situation immediately and head-on. If you don't respond within the required timeframe, you are accepting the Practice Board's charges and sanctions. This means you are waiving your right to fight the allegations against you and your Washington State occupational therapy license.
You only have 20 days from receiving the statement of charges to respond requesting a hearing. You may get a "good cause extension" in some situations, but you shouldn't gamble on that option. If you have retained the Lento Law Firm, your Professional License Defense Team attorney will respond on your behalf and handle all communications with the Practice Board.
Settlement Conference
Before your hearing, the Lento Law Firm attorney will likely try to negotiate a settlement with the Practice Board. This may include you and your attorney sitting down with the Practice Board to try to reach a resolution. There are many benefits of a settlement agreement. The first benefit is that you have a say in the outcome of your case; you only have to agree to terms you feel comfortable with.
Our Professional License Defense Team attorneys can often get a better outcome than going forward with a hearing where the outcome options are completely out of your control. Reaching a settlement can also save you time and money. Cases can go on for several months, which can be costly, time-consuming, and stressful. Settlement agreements can speed this up for you.
Hearing
When you request a hearing, the relevant authority will set a hearing date. The hearing date shouldn't be too far in the future, but it cannot be held earlier than 30 days from when you received your statement of charges. The hearing can come up quickly, so calling the Lento Law Firm ASAP is important if you haven't retained an attorney yet. Your chances of a successful outcome in your case are connected to how much time the Lento Law Firm attorney has to prepare for the hearing.
Hearings against occupational therapists and their licenses in Washington are presided over by an Administrative Law Judge, as the Washington Administrative Procedure Act dictates how hearings work. You may be thinking, okay, what exactly does that mean? Administrative hearings under this law are similar to a court case. Like court cases, there are specific rules for what documents and motions need to be filed, rules and standards for what evidence can be included, and more.
If you don't follow these rules and procedures, you can face disciplinary action on a technicality before the facts of your case even come into play. You can't afford to lose your case on a technicality. Fortunately, the Lento Law Firm Professional License Defense Team is well-versed in all the procedural and strategic aspects of Washington State administrative hearings. Your attorney will handle all this for you.
Administrative hearings work like a trial. The Lento Law Firm attorney will present your defense by arguing on your behalf, calling witnesses, and presenting evidence.
Determinations
The Administrative Law Judge will provide the Practice Board with a finding of facts and law and recommended sanctions. Ultimately, the Practice Board will decide to accept, reject, or modify the proposed sanctions. When deciding which sanctions are appropriate, the Practice Board will assess:
- The nature and severity of the misconduct
- Whether it was a first or subsequent offense
- Whether there was actual harm to the patient
- If you have taken responsibility or made corrective efforts
The Practice Board may issue one or more of the following sanctions:
- Formal reprimand
- Fines or civil penalties
- Mandatory retraining or continuing education
- Mandatory alcohol or substance abuse rehabilitation
- Probation with monitoring
- License suspension
- License revocation
Appealing Your Washington State Occupational Therapy Practice Board Determination
You may be eligible for a disciplinary action appeal if you believe the Practice Board got it wrong and the sanctions against you and your Washington State occupational therapy license. In Washington, an appeal is sometimes referred to as a petition for review or direct review – they all simply refer to a court review of an agency decision, but there are a few nuances. The Lento Law Firm attorney can explain all the lingo used in Washington State disciplinary action appeals.
Your appeal will be filed in your jurisdiction's Superior Court of Washington. While we hope you haven't gone through the disciplinary action process on your own, if you have, now is the time to retain the Lento Law Firm. Appeals are formal court proceedings; representing yourself in court is never a good choice. Even if it feels like no one can help and the Practice Board's decision isn't worth fighting, our Professional License Defense Team often gets our Washington occupational therapist clients better outcomes on appeal. We know the process is exhausting, but you cannot stop fighting for your career and future as a Washington occupational therapist.
National Board for Certification in Occupational Therapy Disciplinary Action
You don't need us to tell you that becoming a licensed Washington State occupational therapist requires obtaining your occupational therapy certification through the National Board for Certification in Occupational Therapy (NBCOT). Obviously, you passed your exam and all the qualifications to become licensed in Washington. So, NCBOT is only going to pop up during recertification? Not quite.
When you are accused of misconduct, it isn't only the Practice Board that you need to worry about. NBCOT can make an appearance when it comes to misconduct allegations. NBCOT can open its own investigation and take disciplinary action against your occupational therapy certificate. When you are accused of misconduct, and NBCOT finds after an investigation and hearing that you are guilty of the allegations, it may issue any of the following sanctions:
- 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
You've worked too hard not to take any and all threats to your Washington State occupational therapy license seriously. Whether the allegations against you result from a mistake or miscommunication, you deserve the best defense. Call the Lento Law Firm at 888-535-3686 or contact us online to retain our Professional License Defense Team.
