There are three basic elements that must be present in a situation for it to constitute abandonment:

• • You have accepted responsibility, whether as an employee, contractor, self-employed OT or OTA, etc., for providing occupational therapy services, including providing occupational therapy supervision.  
    
    
  • Your services are still required.
    
    
  • You are not available to provide occupational therapy services, including supervision, without sufficient notice to allow a reasonable amount of time to arrange for a new OT or OTA to take your place.
    
    

Examples of what is NOT considered abandonment:

• • You give sufficient written notice that you are leaving (see below).

• • You are too ill to work

• • Your employment  has been terminated, for any reason.

• • You are working for a contract company that no longer has the contract to treat the clients you’ve been seeing

• • You refuse to accept responsibility for an assignment for which you believe you are not qualified.  (This may be cause for termination, but it is not patient abandonment.)
    
    

The above examples are all circumstances that are beyond your control, and the Board considers abandonment to be a choice the licensee makes.

Examples of what IS considered abandonment, if you leave without giving sufficient notice:

• • You haven’t been paid or the check bounced.

• • Reimbursement has been denied by a reimbursing entity.

• • You have an argument or disagreement with your employer, a client, or a co-worker

• • You don’t think your employer is dealing with you fairly

• • You don’t like the client

• • Taking a vacation day (or days) that haven’t been approved by your employer when you have clients to treat or individuals to supervise
    
    

Licensees are required to give sufficient prior written notice of resignation to their employer, or clients, if self-employed, when leaving a position. This allows the employer or client sufficient time to find a replacement so that care is not disrupted.

The OT Rules defines sufficient as at least 14 days; however, should an employment contract, or if self-employed, a comparable written agreement with clients, specify a different period of time, “sufficient” means the term dictated by such, up to and including 30 days.

See the following from the OT Rules, §374.2, Detrimental Practice, for example.

      (18) failing to provide sufficient prior written notice of resignation of employment or termination of contract, or if self-employed, sufficient prior written notice to existing clients or any licensees under the individual’s supervision, resulting in the loss or delay of occupational therapy services. In this paragraph, “sufficient” means at least 14 days; however, should an employment contract, or if self-employed, a comparable written agreement with clients, specify a different period of time, “sufficient” means the term dictated by such, up to and including 30 days.

When resigning from a position, give at least 14 days’ written notice; however, should an employment contract, or if self-employed, a comparable written agreement with clients, specify a different period of time, give the amount dictated by such, up to and including 30 days.

Document whatever you communicate about your resignation to your employer, or client, if self-employed. Include in your letter of resignation the effective date of your resignation and any other information that may be important to establish your plans, your expectations of your employer, and your consideration of your clients’ needs. Keep a copy of the letter of resignation for your records and, whenever possible, have such acknowledged, signed, and dated by the employer, or client, if self-employed.

If for some reason you delay your resignation and continue working, document the changes to your plans and make sure they are clearly stated to all parties. If your employer tells you to leave once you have turned in your notice, you are not required to continue working, but you should document for your records that your employer has made that decision and retain documentation that demonstrates such.