If you're a Wisconsin occupational therapist accused of misconduct, you may feel overwhelmed and unsure of your next steps. Your top priority has always been providing the best care to your clients and improving their quality of life. Now, you are being accused of professional misconduct, and your career is on the line.
The Lento Law Firm Professional License Defense Team is here to help. Our Professional License Defense Team attorneys will work tirelessly to protect your rights and your Wisconsin occupational therapy license. Get started with us today – call us at 888-535-3686 or contact us online.
Grounds for Disciplinary Action Against Your Wisconsin Occupational Therapy License
There are a number of different behaviors that can constitute misconduct and threaten your Wisconsin occupational therapy license. At the Lento Law Firm, the most common misconduct allegations our Professional License Defense Team sees include:
- Practicing negligently or incompetently
- Using drugs or alcohol impairs 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 a Wisconsin occupational therapy license
Wisconsin Occupational Therapy License Disciplinary Action Process
In Wisconsin, the Occupational Therapists Affiliated Credentialing Board is tasked with most things related to the state's licensure and regulation of occupational therapists. Accordingly, you may assume that the Board is also responsible for addressing misconduct complaints against Wisconsin occupational therapists, but this is not the case. The State of Wisconsin Department of Safety and Professional Services, Division of Legal Services and Compliance (DLSC) addresses allegations of occupational therapist misconduct. DLSC accepts and investigates complaints for 73 categories of licensed professionals.
The DLSC disciplinary action process is a marathon, not a sprint. On average, cases take 11 months to be resolved. DLSC tries to get all cases closed within 18 months, but even that isn't a guarantee. The process is stressful and tiring, but when you retain the Lento Law Firm, we do everything in our power to shorten the length of your case, reduce your stress, and get you the best possible outcome.
We know you have a lot of questions about the occupational therapy disciplinary action process. Your Lento Law Firm attorney will explain the disciplinary action process for Wisconsin occupational therapists to you in detail during your consultation, but below is a brief overview of what to expect when you are accused of misconduct.
Complaint and Screening
Anyone can file a complaint against you, and DLSC does accept anonymous complaints. Most often, complaints filed against occupational therapists come from clients, families of clients, or colleagues. When DLSC receives a complaint against a Wisconsin occupational therapist, it will do an initial screening, conducted by a screening panel, of the complaint to confirm a few things:
- The person being accused of misconduct is a licensed occupational therapist in Wisconsin
- The allegations, if true, would be a violation of Wisconsin occupational therapy laws, regulations, or standards of care
- Whether the allegation involves a fee dispute, which is outside the scope of DLSC's authority
- That the matter, taken as a whole, is not trivial
The screening phase is an important one. Oftentimes, cases are closed at this stage for a few different reasons, even if the occupational therapist committed misconduct. The screening panel may close the case against you and your occupational therapy license without investigation or disciplinary action when:
- The matter is outside DLSC jurisdiction (for example, a fee dispute or private civil matter)
- The allegations, even if true, would be impossible to prove
- The allegations, even if true, aren't serious enough for DLSC to dedicate resources to pursuing the case
- The alleged misconduct is poor behavior but does not rise to the level of prohibited conduct under relevant Wisconsin laws, regulations, or standards of care
- The incident was an isolated incident, and the occupational therapist has since come into compliance
With so many licensed professionals under its purview, DLSC can only pursue cases of serious misconduct. That doesn't mean you shouldn't take even what seems like minor allegations against you seriously, particularly if you are accused of a pattern or repeated misconduct. The screening panel may contact you or the complainant to request more information before deciding whether to open an investigation or close your case. If not, additional information is needed, the screening panel either chooses to close the case or open a formal investigation.
You can never be sure that DLSC won't consider your case worthy of investigation and disciplinary action. Getting the best possible outcome in your case requires getting ahead of the allegations against you and your Wisconsin occupational therapy license. What your Lento Law Firm attorney will do is, if appropriate, immediately begin by stressing to DLSC officials that your case is minor and doesn't warrant more than a “letter of reminding.” This letter isn't disciplinary action; the letter serves to gently remind you of relevant laws, regulations, or standards of care you should be observing.
Summary Suspension
DLSC may issue an immediate summary suspension of your Wisconsin occupational therapy license in the most serious cases. This is rare but not unheard of. Summary suspensions, also called interim suspensions, can be issued if DLSC believes, based on the allegations and initial evidence in the complaint, that you are a danger to public health.
You don't have to take this issuance of a summary suspension lying down; you have the right to request a hearing to show cause. During this hearing, DLSC will need to show why it is issuing the interim suspension, and you will have the opportunity to argue why that isn't appropriate. Our Professional License Defense Team attorneys understand that a summary suspension can be detrimental to your career and ability to support yourself and your family. We will do everything we can to ensure the suspension is dismissed and your work isn't affected.
Investigation
If the screening panel decides your case should be investigated, it will be handed off to a DLSC investigator and a compliance attorney. At this stage, the investigator may involve the Occupational Therapists Affiliated Credentialing Board, but only to provide information that requires professional expertise, such as clarifying standards of care in a particular situation.
The investigator will also be conducting interviews and gathering relevant documentation and evidence. Part of the investigation will be interviewing you. You should never attend an interview or correspond with DLSC without first consulting your Lento Law Firm attorney.
While the investigator may theoretically be a neutral party, their job isn't to protect you, and you can never guarantee they will give you the benefit of the doubt. They may even act friendly and ask questions that are meant to trick you into incriminating yourself. Our seasoned Professional License Defense Team attorneys are well-versed in all tricks and will ensure you are prepared for your DLSC interview and that your rights are protected throughout the disciplinary action process.
At the end of the investigation, the investigator and attorney will confer and review all the evidence in your case. The DLSC compliance attorney will decide if legal action should be taken or if your case should be closed.
Settlement Conference and Negotiations
In many cases, before the formal legal action process begins, the compliance attorney will offer to have an informal settlement conference with you and your Lento Law Firm attorney. Negotiations are an option to see if minimal or no formal disciplinary actions are on the table. You may be able to get off with just a letter of reprimand or an administrative warning. Your attorney will discuss what outcomes are acceptable to you and work hard to get the DLSC compliance attorney on Board. Settlements are often everyone's favorite option. Because you're avoiding the formal disciplinary action process, it saves both you and DLSC time, money, and resources.
If you are unable to come to an agreement, that doesn't mean negotiation is over. Your Lento Law Firm attorney will continue negotiating on your behalf to get you the best deal possible, even as your case moves forward in the disciplinary action process. Generally, settlements are possible at any point before a final determination is made. Our Professional License Defense Team attorneys are well-versed in negotiating with DLSC attorneys and can frequently settle cases for our clients with great results early on in their cases.
Notice of Formal Complaint and Hearing
In the event you are unable to come to an acceptable settlement agreement with the DLSC compliance attorney, your case will move forward with legal action. You will receive notice of a formal complaint, which you must respond to. If you don't respond, you're waiving your right to defend yourself and your Wisconsin occupational therapy license. Your Lento Law Firm attorney will handle the response, but you only have a brief period to provide your response, so retaining the Lento Law Firm immediately gives your attorney the maximum time to prepare a strong defense for your answer.
You will also be receiving notice of an administrative hearing. Hearings are held before an administrative law judge (ALJ) and are formal legal proceedings. Your hearing will work like a trial, and under no circumstances should you be representing yourself in this legal proceeding.
If you have been fighting this battle alone, you need to stop and immediately call the Lento Law Firm. Because a hearing is a legal proceeding, there are rules and procedures that, under Wisconsin law, must be followed. You can lose your case on a technicality, and the ALJ will have no patience for rookie mistakes made by a person who hasn't taken their case seriously enough to retain counsel.
At the hearing, your Lento Law Firm Professional License Defense attorney and the DLSC attorney will each present their case. This involves opening statements, putting forth evidence to support their argument, examining and cross-examining witnesses, and more.
Determinations
If the ALJ finds that you are guilty of misconduct, they may propose disciplinary action against you and your Wisconsin occupational therapy license. They may propose:
- A formal reprimand
- Administrative warning
- Limitations on licensure
- License suspension
- License revocation
The ALJ's proposal will then be sent to DLSC and the Occupational Therapists Affiliated Credentialing Board for final approval. Both bodies have the authority to modify the order.
Appealing Your Wisconsin State Occupational Therapy Practice Board Determination
Sometimes, the disciplinary action doesn't end as we hoped. At the Lento Law Firm, we frequently get contacted by Wisconsin occupational therapists who went through the disciplinary action process on their own and now feel slighted by the outcome. Fortunately, you may be entitled to appeal the action taken against you and your occupational therapy license. Our Professional License Defense Team joins cases at the disciplinary action appeal stage all the time, and we are often able to obtain better outcomes for our clients on appeal.
National Board for Certification in Occupational Therapy Disciplinary Action
No one knows better than you what it takes to become an occupational therapist, from schooling to examinations. One of the biggest components of getting your Wisconsin licensure was passing the boards administered by the National Board for Certification in Occupational Therapy (NBCOT). You may forget about NBCOT in between your recertifications, but when you've been accused of misconduct, the organization can make an appearance.
NBCOT has the authority to open an investigation when you are accused of misconduct. Even if DLSC didn't pursue your case, it doesn't mean you're off the hook with NBCOT, which operates separately. NBCOT can do its own investigation, conduct a hearing, and take disciplinary action against your occupational therapy certification. NBCOT can take any of the following actions if it finds you guilty of misconduct:
- 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
Your career and professional future are worth too much not to put up the strongest defense when you're accused of professional misconduct. Don't gamble with your Wisconsin occupational therapy license – retain the Lento Law Firm Professional License Defense Team today. To get started, call us at 888-535-3686 or contact us online.
