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California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Occupational Therapy Assistant License Defense Attorney

California Board of Occupational Therapy License Defense Lawyer

The California Board of Occupational Therapy, known as the BOT, licenses approximately 1,000 Occupational Therapy Assistants in the State of California. Most California Occupational Therapy Assistants have minimal or no contact with the enforcement arm of the California Board of Occupational Therapy. For Occupational Therapy Assistants who become part of the California Board of Occupational Therapy’s disciplinary process, the consequences are profound. The Occupational Therapy Assistant License disciplinary process is complex, procedural and time consuming. Occupational Therapy Assistants facing the California Board of Occupational Therapy disciplinary process should seek legal representation from an experienced California Occupational Therapy Assistant License Defense Attorney.

California Board of Occupational Therapy Investigation Defense Lawyer

The majority of California Board of Occupational Therapy investigations begin with the filing of a consumer Complaint. However, California Board of Occupational Therapy Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Occupational Therapy utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Occupational Therapy Assistants. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Occupational Therapy disciplinary process. At the conclusion of a California Board of Occupational Therapy investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are an Occupational Therapy Assistant facing a California Board of Occupational Therapy investigation, contact a California Occupational Therapy Assistant License Defense Attorney for representation.

California Occupational Therapy Assistant License Accusation Defense Attorney

A formal Accusation served on a California Occupational Therapy Assistant serves as notice to an Occupational Therapy Assistant that the Board intends to revoke the Occupational Therapy Assistant License. The Occupational Therapy Assistant, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Occupational Therapy Assistant. A Default will result in the immediate Revocation of the Occupational Therapy Assistant License.

An Accusation is a serious matter that can result in the suspension or revocation of an Occupational Therapy Assistant License in California. In many cases, it is possible for Occupational Therapy Assistants to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Occupational Therapy. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Occupational Therapy Assistants facing a California Board of Occupational Therapy Accusation should contact an experienced California Occupational Therapy Assistant License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Occupational Therapy Assistants include:

  • Accepting or Paying Referral Fees
  • Acting Outside Scope of Licensure
  • Administering Controlled Substances
  • Aiding and Abetting Unlicensed Occupational Therapist Activity
  • Aiding and Abetting Unlicensed Occupational Therapy Assistant Activity
  • Altering Prescriptions
  • Committing Fraud, Dishonest or a Corrupt Act
  • Dangerous Use of Alcohol or Drugs
  • Discrimination
  • Excessive Force Against Patient
  • Failing to Follow Infection Control Guidelines
  • Failure to Maintain Adequate Records
  • Failure to Maintain Patient Confidentiality
  • False Advertising
  • Falsifying Verbal or Written Orders
  • Fraudulent Claims
  • Gross Negligence
  • Incompetence
  • Mistreating or Abusing Patient
  • Patient Record Violations
  • Repeated Negligent Acts
  • Sexual Misconduct
  • Unprofessional Conduct
  • Violation of the Occupational Therapy Practicing Act

California Occupational Therapy Assistant License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Occupational Therapy can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Occupational Therapy’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an Occupational Therapy Assistant to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Occupational Therapy Assistant can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Occupational Therapy Assistants facing a California Board of Occupational Therapy Administrative Law Hearing need effective representation from a California Occupational Therapy Assistant License Defense Lawyer.

California Occupational Therapy Assistant License and Criminal Convictions

The California Board of Occupational Therapy can discipline Occupational Therapy Assistants for criminal convictions. California Board of Occupational Therapy discipline occurs for convictions for crimes involving moral turpitude. Discipline also occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Occupational Therapy Assistant. Common criminal offenses that can cause Occupational Therapy Assistant License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Board of Occupational Therapy and other law enforcement agencies also investigate criminal conduct by Occupational Therapy Assistants in the course and scope of their practice. Criminal investigations often involve Occupational Therapy Assistants engaged in Insurance Fraud, Unlawful Practice of Medicine and Unlawful Representation of a Physician. In serious criminal cases against Occupational Therapy Assistants pending in Criminal Court, the California Board of Occupational Therapy and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Occupational Therapy Assistant. A California Penal Code § 23 Order seeks to suspend an Occupational Therapy Assistant License in Criminal Court.

Occupational Therapy Assistants facing criminal charges and Occupational Therapy Assistants who are convicted of criminal offenses need an experienced California Occupational Therapy Assistant License Defense Attorney for representation in disciplinary proceedings before the California Board of Occupational Therapy.

California Occupational Therapy Assistant License Statement of Issues Attorney

The California Board of Occupational Therapy thoroughly investigates all applicants for Occupational Therapy Assistant Licenses. The California Board of Occupational Therapy may deny a California Occupational Therapy Assistant License to Occupational Therapy Assistant students and Occupational Therapy Assistants from other states and countries. Most California Occupational Therapy Assistant License denials occur due to criminal convictions, financial problems or misstatements on the Occupational Therapy Assistant License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Occupational Therapy Assistant License should contact a California Occupational Therapy Assistant License Denial Lawyer for representation in a California Board of Occupational Therapy Statement of Issues Hearing.

California Occupational Therapy Assistant Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Occupational Therapy Assistants who have received an Occupational Therapy Assistant License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Occupational Therapy Assistant License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Occupational Therapy. A successful Occupational Therapy Assistant License Petition for Reinstatement requires representation by an experienced California Occupational Therapy Assistant License Defense Attorney.