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V.W. versus Texas Board of Occupational Therapy Examiners

Case Study

V.W. versus Texas Board of Occupational Therapy Examiners


The firm’s client, an occupational therapist, after several years without any Board complaints or discipline, received a Board-initiated complaint alleging falsification on the original application for licensure.


The claim was that the client, during the application process, had failed to disclose criminal history in the client’s youth in a section on the application that simply read, “Criminal Activity.”


The firm was able to argue that at the time of application, the application was ambiguous and that there was no legal authority at the time to require the reporting of criminal history to the Board, making any reporting or lack of reporting a nullity. Furthermore, the firm argued that even if there was a reporting requirement, the client simply did not have the requisite intent to misrepresent a true fact, defeating the falsification claim.


The Board dismissed the matter without imposing any discipline against the client, but more importantly, did not move to retake and void the license it had granted.