Arizona Occupational Therapy Board Disciplinary Actions | AZ Board Complaints

Arizona Occupational Therapy Board disciplinary actions are given to occupational therapists with a license or certification in Arizona.  If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Arizona laws and regulations. Chelle Law’s Arizona Occupational Therapy Board Attorneys have represented over 1,000 health care professionals before Arizona licensing boards. At Chelle Law, our attorney’s have the experience to help occupational therapists with all Arizona Occupational Therapy Board matters.

Thus, at a Board Meeting, the Board will vote to determine the outcome of each investigation and review of complaints.  The Board can vote on a non-disciplinary outcome or vote to offer the occupational therapist formal discipline.  Disciplinary actions can include:

• Dismissal
• Letter of concern
• Decree of censure
• Probation
• Non-disciplinary order for continuing education
• Suspension
• Revocation

Arizona Occupational Therapy Board Non Disciplinary Actions

• CASE DISMISSAL: The Board may dismiss a complaint if they determine the information indicates there was not a violation of the rules of the Arizona Medical Practice Act.  This outcome is not available to the public.
• NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the occupational therapist must complete a number of hours of continuing education for specific topics.
• LETTER OF CONCERN: A letter from the Board expressing concern the occupational therapist’s conduct wasn’t ideal. However, the conduct doesn’t necessarily violate Arizona law.

Arizona Occupational Therapy Unprofessional Conduct

• REVOCATION: If the Board revokes an occupational therapist’s license the occupational therapist will be unable to practice or get licensed again for a minimum of five years. After the five year period license revocation the occupational therapist will need to reapply for their license. If the occupational therapist reapplies for licensure they must demonstrate the grounds for revocation (substance abuse, mental health problems, criminal convictions) has been rectified through an applicable program. This is a public document.
• VOLUNTARY SURRENDER: The occupational therapist voluntarily gives up their license. The benefit of this voluntary consent is that the Board is usually willing to reduce the amount of time until an occupational therapist can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the occupational therapist from practicing. It prohibits any patient contact or services for a period of time until the Board lifts the suspension.
• PROBATION: The Board offers probation through a consent agreement. The consent agreement requires the occupational therapist do certain things (drug testing, work supervision, counseling, continuing education).  Alternatively, they may need to refrain from doing things (unsupervised Medical like home health, working under the Medical licensure compact, using alcohol, etc.) A request for a removal of probation will be needed.
• DECREE OF CENSURE: A decree of censure is the lowest level of formal discipline. There are no probationary requirements, but the Order will be listed on the website.

Arizona Occupational Therapist Complaints

Who can file an Arizona Occupational Therapy Board Complaint against an occupational therapist? Patients, health care facilities, other professionals, among others. When the Arizona Occupational Therapy Board receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the occupational therapist receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for occupational therapists as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Occupational Therapy Board.

Responding to Practice Complaints and Investigations

After receiving an Arizona Occupational Therapy Board Complaint or self-report, an occupational therapist receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Occupational Therapy Board assigns an investigator to the complaint and they begin to collect evidence. The documents and evidence collected includes:

• Patient medical records
• Employment files from the occupational therapist’s employer and business
• Criminal records
• Review of the professional’s behavior at work
• Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)

Behavior Analyst Rules

Analyst rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.

Occupational Therapy Rules Effective July 4, 2020

Occupational Therapy rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.

Occupational Therapy Board Probation Information

When an occupational therapist faces Arizona Occupational Therapy Board Probation the probation is offered through a Consent Agreement.  The Consent Agreement requires the occupational therapist to do certain things (drug testing, work supervision, counseling, continuing education).  Or alternatively, refrain from doing things (using alcohol, prescribing schedule drugs, seeing certain patients, etc.). The Arizona Occupational Therapy Board can place occupational therapists on probation through:

• Stipulated Rehabilitation Agreement
• Interim Practice Restriction
• Decree of Censure with Probation
• Letter of Reprimand with Probation
• Practice Limitation

Occupational therapists who hold a license in Arizona can face disciplinary actions by the Arizona Occupational Therapy Board for many different reasons.  If the Occupational Therapy Board determines notification of formal licensing action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Arizona Medical Practice Act and Arizona law.  Thus, at an Arizona Occupational Therapy Board Meeting, the Board will vote to determine the outcome of each investigation, thus, a defense attorney may be needed.  The Board can vote on a non-disciplinary outcome or vote to offer the accountant formal discipline.

Occupational Therapy Administrative Appeal and Hearing Information

Any occupational therapist licensee may request a legal appeal of Arizona State Board Discipline to an administrative law judge with the Arizona Office of Administrative Hearings (OAH) which is located in Phoenix. In some instances, a case is sent automatically to OAH. The OAH hearing is conducted before an Administrative Law Judge (ALJ).  The administrative process is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. An occupational therapist’s attorney can cross examine witnesses and testify on his or her behalf. After it is completed, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision.  If an individuals feels there has been a mistake they can request a rehearing.

AZ Occupational Therapist Board License Application Denial Assistance

Applicants to the Arizona Occupational Therapy Board who have a criminal history from years ago (like a DUI) or previous case discipline by the Arizona Occupational Therapy Board (or any other Occupational Therapy Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Arizona Occupational Therapy Board after receiving contact of an investigation. 

Consultation with Chelle Law

If you’re interested in learning more about our Arizona Occupational Therapy Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.