California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 39 - Board of Occupational Therapy › Article 5 - Citations › Section 4141 - Assessment of Administrative Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where citations include an assessment of
				an administrative fine, the fine shall be not less than $50 or exceed $5,000
				for each violation. Each violation shall be classified according to the nature
				of the violation and shall indicate the classification on the face thereof as
				follows:
(1) Class "A" violations shall not
				be less than $1,001 nor more than $5,000. Class "A" violations are violations
				that the executive officer, or his or her designee, has determined involve a
				person who, while engaged in the practice of occupational therapy, has violated
				a statute or regulation relating to the Occupational Therapy Practice Act.
				Class "A" violations are more serious in nature and may include, but are not
				limited to, violations which resulted in or had significant potential for
				patient harm and where there is no evidence that revocation or other
				disciplinary action is required to ensure public safety. Such violations
				include, but are not limited to, failing to provide direct in-sight supervision
				of an aide when the aide performed a client related task that resulted in harm
				to the patient, or failing to provide adequate supervision to an occupational
				therapy assistant that resulted in harm to the patient, or fraudulent medical
				billing, or practicing without a current and active license for more than one
				year, or functioning autonomously as an occupational therapy assistant. A Class
				"A" violation may be issued to a person who has committed a class "B" violation
				who has had two or more prior, separate class "B" violations.
(2) Class "B" violations shall not be less
				than $501 nor more than $2,500. Class "B" violations are violations that the
				executive officer, or his or her designee, has determined involve a person who,
				while engaged in the practice of occupational therapy, has violated a statute
				or regulation relating to the Occupational Therapy Practice Act. Class "B"
				violations are less serious in nature and may include, but are not limited to,
				violations which could have resulted in patient harm. Typically some degree of
				mitigation will exist. Such violations include, but are not limited to, failing
				to provide direct in-sight supervision of an aide when the aide performed a
				client related task that did not result in harm to a patient, or failure to
				provide adequate supervision to an occupational therapy assistant, limited
				permit holder, student, or occupational therapy aid, resulting in no patient
				harm, or providing advanced practice services without board approval, or
				practicing when the license has been expired or inactive for a period of more
				than three months but less than one year, or supervising more occupational
				therapy assistants than allowed by law. A class "B" violation may be issued to
				a person who has committed a class "C" violation who has two or more prior,
				separate class "C" violations.
(3)
				Class "C" violations shall not be less than $50 nor more than $1,000. Class "C"
				violations are violations that the executive officer, or his or her designee,
				has determined involve a person who has violated a statute or regulation
				relating to the practice of occupational therapy. A class "C" violation is a
				minor or technical violation which is neither directly or potentially
				detrimental to patients nor potentially impacts their care. Such violations may
				include, but are not limited to, practicing when the license has been expired
				or inactive for a period of three months or less, failing to disclose a
				conviction or convictions in the application process, or failing to provide a
				patient or client or the guardian of a patient or client access to their
				medical records pursuant to Health and Safety Code Section
				123110.
				A class "C" violation may also be issued to a licensee holder who fails to
				respond to a written request by the board for additional information relating
				to a renewal application.
(4) Class
				"D" violations shall not be less than $50 nor more than $250. Class "D"
				violations occur when the executive officer, or his or her designee, has
				determined that an applicant or licensee has failed to provide a change of
				address within 30 days as required by Section
				4102. A class "D" violation is a
				minor technical violation which is neither directly or potentially detrimental
				to patients nor potentially impacts their care.