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Actionable Risks Against Occupational Therapists

Although probably the most frequently mentioned, malpractice actions are not the only risks for Occupational Therapy (OT) practitioners to consider. There’s been an increase in the number of adverse actions taken against OTs by licensing boards and practicing outside scope of license is also common. Not properly addressing all risks can leave OTs open to financial hardships and steal focus from patient care. 

From the period of 1998 to 2014 (last reporting report) there were 1,355 NPDB adverse action reports. Reportable adverse actions include, among others those taken by state licensing boards, health plans, governmental agencies, and professional societies. Almost 90% of the adverse actions against an OT involved a state licensure board action. There were 19 exclusion and debarment actions reported to the NPDB.  

The defense of a licensing board complaint can be costly. If the state licensing board investigation is related to acts while employed by an organization, typically the organization will assist in the legal defense and bear the associated costs. The organizational insurance policy may exclude any fines and penalties that results from the investigation. 

If the act(s) under investigation arise from a self-employment practice, the professional liability policy may respond to cover the legal defense cost. If you practice as an independent contractor and purchase your own professional liability coverage, you should inquire whether the policy covers professional licensing matters. Many policies will cover defense costs, but will not respond if fines and penalties are assessed as a result of a violation of your practice act.

Some examples of adverse actions include:

  • Unprofessional conduct (violating the code of AOTA code of ethics)
  • Practicing outside the scope of practice
  • Providing substandard care to a deliberate or negligent act or failure to act 
  • Knowingly delegating responsibilities to an individual who does not have the knowledge, skills or abilities to perform those responsibilities
  • Failing to provide appropriate supervision to an Occupational Therapy Assistant or Aide
  • Engaging in or soliciting sexual relationships, whether consensual or non-consensual, while an OT or OTA /patient relationship exists.

Another common allegation is practicing outside of the scope of your license. The scope of practice describes the actions that a healthcare practitioner is allowed to undertake based on their professional licensure. A scope is typically statutorily defined by a state practice act, regulations set forth by a professional licensing board, or state and federal organizations such as those set forth by the Centers for Medicare and Medicaid Services. 

Practicing outside of your legal scope of practice is a violation of your practice act and may place you at risk for an adverse action with your professional licensure board. As the scope of practice for OT practitioners continues to evolve, it’s important to understand and practice within the boundaries of your scope of practice. The AOTA provides some scope of practice guidance on issues such as use of cold laser, treatment of spine and LE injuries, and gait assessment for falls risks among others. 

The Ethics Commission of the AOTA reviews and investigates ethics complaints filed against AOTA members. Disciplinary actions that may be recommended by the Ethics Committee include reprimand, censure, probation, suspension, and revocation. The Commission maintains an online listing of disciplinary actions taken. It’s important to periodically review the AOTA’s Code of Ethics and keep abreast of professional standards and practice guidelines to avoid being in the “line of fire” for a licensure board action or a violation of AOTA’s ethics code. 

By identifying and assessing risks, OTs can ensure they are avoiding malpractice, adverse actions, and practicing outside of their scope of licensure. OTs place patients at the center of their attention and OmniSure is here to help make providing quality care easier. Contact us today to learn how you can benefit from our expertise. 

Risk Tip: Managing Aggressive Patients

Every day, U.S. hospitals deal with violent patient incidents and threatening behaviors that affect the safety and well-being of staff, patients, and visitors. According to current literature on the topic, violence is occurring in all care settings, even in oncology and maternity units, and not just in the emergency department (ED).   

Increases in the number of fatal incidents such as the shooting at Brigham and Women’s Hospital reinforce the need for healthcare facilities’ disaster preparedness and emergency operation plans to include threats, acts of violence, and active shooter incident planning.  

When preparing for aggressive acts, especially an active shooter incident, step one in an effective plan is prevention.  A good place to start is with a security risk assessment by a qualified expert who will determine what the vulnerabilities are and make recommendations to reduce risk. This type of assessment is more than just hiring a security company to assess the entrances, physical layout, and need for security cameras. It’s important to include an assessment of the specific healthcare services provided and the types of patients served to determine the potential triggers.

Some questions to address during assessment are: 

Are services acute or long term? Are visiting family members especially vulnerable to feelings of helplessness or despair? Are mental and behavioral health services offered? Is there socio-economic, racial tension, or ethnic factors to consider?

Protection is the ultimate goal and depending on the setting, there are a number of different measures that can and should be taken. Measures might include signs prohibiting firearms, metal detectors, security cameras, panic alarms, and restricted access. The most important weapon against violence, however, is (1) training, (2) training, and (3) training. It’s easy for busy healthcare professionals to become complacent about their physical safety in a caring environment.

Employees need to know their role if there is an event and what to do. Drills are essential. Hospitals with proactive programs often enlist the resources of community based police departments and emergency response teams who have exceptional skills and response training. Collaborative drills can strengthen reaction skills, test communication systems, and help identify areas which need honing.

Training should start as soon as employees are hired by implementing a workplace violence prevention training program that is part of the formal orientation process. The same training should also be provided to any current employees. It’s recommended that all security staff job descriptions and employment requirements contain formalized training criteria, physical job descriptions, and continued education requirements to ensure preparedness of staff. 

Here are some tips to consider when implementing a facility-wide safety plan:

  • Provide better visibility and good lighting, especially in areas of high risk such as the pharmacy area, or in isolated treatment areas.
  • Implement safety measures to deter handguns inside the facility; for example using metal detectors.
  • Install plexi-glass in the payment window in the pharmacy area.
  • Use of security devices such as panic buttons, beepers, surveillance cameras, alarm systems, two-way mirrors, card-key access systems, and security guards.
  • Place curved mirrors at hallway intersections or concealed areas.
  • Control access to work areas.
  • Provide training for staff in recognizing and managing hostile and assaultive behavior.
  • Provide adequate staffing even during night shifts. Increase staffing in areas where assaults by patients are more likely (e.g. Emergency Department).
  • Increase worker safety during arrival and departure by encouraging carpools and by providing security escorts and shuttle service to and from parking lots and public transportation.
  • Ensure accurate reporting and documentation of all violent behavior.
  • Make patients aware of zero tolerance policy for violence.
  • Establish liaison with police authorities and contact them when indicated.
  • Obtain previous records of patients to learn of any past violent behaviors.
  • Establish a system to chart or track and evaluate possible assaultive behaviors, including a way to pass on information from one shift to another.
  • Implement a violence prevention plan to develop strategies to deal with possibly violent patients.

At a fundamental level, healthcare facilities should ensure that policies and procedures address all aspects of operations with regard to violence prevention, training, education, screening, reporting, responding, investigation, discipline, monitoring, and review processes. This may seem like an overwhelming task but by assessing all your risks, you can improve the care you provide and the safety of those on your staff and in your care. If you need help, OmniSure is always here to help assess and help you implement an actionable plan to address aggressive patients.