Occupational Therapy License Defense
Representation Before the Board
The State Board of Occupational Therapy Education and Licensure licenses occupational therapists and occupational therapy assistants in the Commonwealth. The Board has adopted the American Occupational Therapy Association Code of Ethics and enforces regulations defining unprofessional conduct, the supervision of assistants and the referral required for certain treatment.
Board matters commonly arise from patient or family complaints, employer reports, billing and documentation audits, supervision questions and allegations of impairment. Because the Board's standard reaches conduct that is likely to endanger the public, a matter need not involve actual harm to a patient.
Mimm Law, LLC represents occupational therapists and assistants at every stage of a Board matter, including matters involving the Professional Health Monitoring Program.
Governing Law
- Board
- State Board of Occupational Therapy Education and Licensure
- Statute
- Occupational Therapy Practice Act, Act of June 15, 1982, P.L. 502, No. 140, as amended, 63 P.S. §§ 1501-1519
- Regulations
- 49 Pa. Code Chapter 42
- Licensees
- OTs and OTAs
- Renewal
- Biennial; licenses expire June 30 of odd-numbered years
Who the Board Regulates
- Occupational therapist license (OTR/L)
- Occupational therapy assistant license (COTA/L)
- Temporary license
- Compact privilege to practice under the Occupational Therapy Licensure Compact (2026 Act 28); the Board must begin accepting compact-privilege applications within 180 days of July 20, 2026
Grounds for Discipline
Section 16 of the Occupational Therapy Practice Act (63 P.S. § 1516), together with the Board's regulations (49 Pa. Code § 42.31), authorizes discipline for unprofessional conduct that has endangered or is likely to endanger the public, including:
- Obtaining a license by fraud, misrepresentation or concealment of material facts
- A conviction of, or plea to, a crime the Board finds bears directly on fitness to practice
- Violation of the Board's code of ethics
- Physical, verbal or sexual harassment or abuse of a patient
- Disclosure of confidential patient information without consent
- Accepting referral fees, or guaranteeing the results of treatment
- Accepting a patient with no reasonable expectation of benefit
- Practicing while impaired, or without reasonable skill because of impairment
- Practicing beyond the lawful scope of occupational therapy
Sanctions the Board May Impose
The Board may refuse, suspend, revoke or refuse to renew a license, or place a licensee on probation. An occupational therapist's license is automatically suspended during any period in which the therapist does not carry the required professional liability insurance.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Referral Requirements
Direct treatment for a specific medical condition requires a referral from a licensed physician, optometrist, podiatrist, nurse practitioner or physician assistant. Evaluation and consultation do not.
Supervision of Assistants
The occupational therapist evaluates the patient and develops the plan of care, and must maintain the level of contact with the assistant and the onsite visits the regulations require.
Insurance and Continuing Education
Occupational therapists must carry professional liability insurance of at least $1 million and notify the Board within 30 days of a lapse. All licensees must complete 24 contact hours of continued competency each biennial period, including 2 hours in child abuse recognition and reporting.
Matters We Handle
- Documentation and billing irregularities
- Supervision of occupational therapy assistants
- Patient complaints concerning treatment or conduct
- Practice beyond the scope of licensure
- Continuing education audits
- Criminal charges and convictions affecting licensure
- Compact privilege and multistate discipline questions
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
My employer is auditing my documentation. Could this become a Board matter?
It could. Documentation and billing irregularities may be reported to the Board and may be characterized as unprofessional conduct. The licensee's response to the employer should be accurate and measured, and it should be prepared with the licensing consequences in mind.
Is the Voluntary Recovery Program available to occupational therapists?
Yes. The Act allows the Board to defer, and ultimately dismiss, corrective action for an impaired licensee who enters an agreement with the Board and progresses satisfactorily in an approved treatment program; the option is not available after a felony drug conviction.
Can I be disciplined for my assistant's work?
Yes, if the supervision the regulations require was not provided. The therapist remains responsible for the evaluation, the plan of care and the oversight of delegated treatment.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.