1. What is patient abandonment and how do I avoid it?

Patient Abandonment in Occupational Therapy

Patient Abandonment: 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.

Patient abandonment is when an OT or OTA suddenly stops providing services or suddenly stops being available to provide services, including supervision, without giving enough time to ensure that services may be provided and/or care be transferred smoothly, causing a loss or delay in services.

Note on Accepting an Employment Offer/Position: Patient Abandonment includes not showing up to work/not being available to provide services on an agreed-upon start date.

The key takeaway is that the Board sees abandonment as a choice you make.

What is Patient Abandonment?

Two elements must be present for a situation to be considered abandonment:

Basic Element	Simplified Explanation
Accepted Responsibility	You were responsible for providing occupational therapy services (as an employee, contractor, self-employed, or supervisor), including by accepting an offer to provide services.
Insufficient Notice	You did not provide written notice of at least 14 days to allow for a new provider (OT or OTA) to take over your duties.

2. How to AVOID Patient Abandonment

The rule is simple: Always give at least 14 days’ written notice.

PROFESSIONAL RESPONSIBILITY WARNING

Your responsibilities as a licensed professional supersede standard “at-will” employment rules. No matter the conflict or issue, client care comes first.

Action Plan for Resignation:

Give Written Notice: Submit a formal letter of resignation stating your effective last day (which must be at least 14 days from the date you give notice).
Get Acknowledgment: Wherever possible, have your employer (or client, if self-employed) sign and date a copy of the letter to acknowledge that s/he received it.
Keep Records: Keep a copy of that signed letter for your records. This is your defense if a complaint is ever filed.

3. What IS and IS NOT Abandonment

What IS Considered Patient Abandonment	What is NOT Considered Patient Abandonment
Leaving abruptly for reasons like:	Situations beyond your control like:
Not being paid or a bounced check.	Giving sufficient written notice (14+ or more days).
Disagreements with a co-worker, client, or employer.	Being too ill to work (with a physician’s note).
Being unhappy with pay or hours.	Your employment being terminated by the employer.
Taking unapproved vacation days when you have clients scheduled.	Your contract company losing the client site contract.
Accepting an offer to provide services with an agreed-upon start date and then not showing up to work/not being available on that date.	Accepting an offer to provide services and then giving at least 14 days’ written notice before the agreed-upon start date. The 14-day rule applies even before the first day of work. If you accept a job, but change your mind, you still owe that employer 14 days of written notice before the start date to avoid an abandonment charge.

Important Exceptions:

Employer Tells You to Leave: If you submit your 14-day notice, but your employer immediately tells you to leave, you are not required to continue working. You must, however, document that the employer made the decision to terminate your services early.
OTA and Supervising OT: If you are an OTA and your supervising OT leaves without notice, you are not in violation of patient abandonment. You must, however, stop providing services until you have confirmed a new supervising OT.
- Reminder: The OTA is responsible for ensuring that the OTA does not treat any clients until a new supervisor is in place.