Protecting, maintaining and improving the health of all Minnesotans
Occupational Therapy Practitioners
Advisory Council Meeting Minutes
October 17, 2013
Attendance
Members
Chris Harbaugh
Lynnette Buckley
Lisa Dutton
MDH Staff
Anne Kukowski
Kimberly Ruberg
Grace Rauchwarter
Barbara Miller
Tracy Erfourth (HPSP)
Guests
Ann Lund
Cathy Brennan
Karen Sames
Absent
Mary Noska
Merri Vitse
I.
Introductions
Done by those in attendance.
Kukowski announced that Rauchwarter is new OTA Licensing Administrator.
II.
Review and Approval of Minutes from April 18, 2013
Approved, as written.
III.
Additions/Adoption of Agenda
Brennan noted that the MOTA language changes are not on the OTP licensing website
yet, and Kukowski stated that HOP would fix that issue.
Brennan requested that following two items are added to New Business:
(1) Limited License re: Supervision for 160 Hours, and
(2) Supervision of an OT without PAMs Approval.
Adopted, with those two additions.
IV.
Staff Updates
A. Health Professionals Services Program (HPSP)
Erfourth presented an overview of HPSP that including history, organizational structure,
funding, unique characteristics, benefits, functions, referrals, and discharges.
B. Credentialing Report
Ruberg and Rauchwarter presented the OTP stats.
• Licensed OTs: 3,300.
• Licensed OTAs: 1,043.
• Total licensees: 4,343.
C. Investigation and Enforcement Report
Kukowski presented the FY14 Q1 OT I&E Report.
• 3 Intakes (all related to applications).
• 3 Investigations Opened (from the 3 application intakes):
○ 1 failure to respond within 30 days to MDH’s written request;
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○ 1 failure to perform with reasonable judgment, skill, or safety due to use
of alcohol, drugs, or physical impairment; and
○ 1 PAM violation.
• 3 Investigations Closed (1 referred to enforcement, 1 CE waiver denied, 1
insufficient evidence).
• 1 Enforcement Opened (resulting from closed investigation).
• 1 Enforcement Closed (with civil penalty against 1 practitioner).
Kukowski presented the FY14 Q1 OTA I&E Report.
• 2 Intakes (both related to applications).
• No Investigations Opened or Closed.
• No Enforcements Opened or Closed.
Kukowski noted that a new investigator, Lee, has been hired, and another HOP staff
member, Fuller, has been repositioned into an entry level investigator position. Fuller is
addressing some old OTP I&E cases, so the number of pending cases should decrease.
D. Budget and Expenditure Report
Kukowski presented the FY13 Q4 Budget Report.
• Total Expenditures were $216,318.15, which is $37,000 less than projected.
• Total Receipts were $339,024.00, which is $16,000 more than projected.
• There should be a slight increase in expenditures going forward because of an
increase of staff time on the program.
• When criminal background checks happen, the cost of initial licensure will go up
due to increased staff time.
• Brennan asked about the significant increase in IT expenditures, and Kukowski
responded that IT support is changing how billed where the IT staff is tracking
their time so it is appropriately billed to the correct program.
• The “Other Operating Costs” expenditure line is primarily the credit card
surcharge for online renewals. Other minor costs on that line would be for
professional publications and for staff attendance at a division-wide meeting.
Kukowski presented the FY14 Q1 Budget Report.
• Total Expenditures were $38,578.98.
• Total Receipts were $23,861.00.
• Program Balance was -$23,899.78.
• Correction: Admin support staffing to-date should be 0.43 FTE (and not 0.65),
which reduces FY14 to-date staffing time to 2.27 FTE (from 2.49).
• Kukowski stated the amounts in the budget column do not match her requested
budget amounts for FY14. So as expenditures arise, some charges will need to
have money shifted from another category.
• Kukowski stated the legislation sets appropriation at the bureau level, and the
bureau decides how much money is given to programs out of that appropriation.
• Since the program is budgeted to spend less than the revenue it collects, Brennan
questioned where that difference in money goes? Kukowski responded that it
would stay in the special revenue fund.
• Kukowski stated that she will request that Johnson attend the next Council
meeting because he handles the budgets for all the other sections in the
Compliance Monitoring Division, so he would be able to speak to what happens
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at a higher level and could potentially better address the Council’s concerns.
V.
Old Business
A. 2013 Criminal Background Check (CBC) Legislation
Kukowski stated the CBC legislation passed, and initial OTP applications will have CBC
performed starting in 2017. The CBC will be done at both the state and federal levels.
B. 2014 Legislative Proposals
- Corrective Actions
Kukowski stated the Department is proposing to be allowed to issue a corrective action to
practitioners under investigation.
• Corrective actions would be non-disciplinary, meaning it would not appear as a
public record.
• It would allow the Department to be more lenient with practitioners that just need
some additional or refresher training.
-PAMs Approval After Lapse in Licensure
Kukowski stated the Department is proposing that OTPs who renew after a lapse in
licensure of four years or more and who were previously approved to use PAMs would
have to refresh their PAMs training.
VI.
New Business
A. Acceptability of Face-to-Face Supervision
Brennan stated that MOTA has just made a change in their supervision requirements to
match the requirements in the MN statutes, and the question was raised whether face-toface can be done through Skype.
• Brennan stated the requirement of face-to-face supervision every two weeks
should be looked into since in out-patient situations that could mean as often as
every other appointment.
• Kukowski offered to investigate whether the State has interpreted “face-to-face”
as having to be directly face-to-face.
• Kukowski questioned that if there was no State interpretation, then what would
the next step be? She noted that the Department’s legislative proposal deadline
has passed. Brennan stated she was unsure if MOTA would be prepared to bring
legislation forward at this time.
B. Directive to Use a Product in a Way Different than Manufacturer’s Directions
Buckley distributed the Manufacturer’s Directions for Posey Reusable Chair Sensor Pad.
• Buckley stated that she was directed to use the device differently than in
manufacturer’s directions, and she wanted input on the situation.
• Kukowski stated that there is not much the advisory council could do, and then
summarized the options discussed:
o follow the directions to see if it does cause skin breakdown,
o use an incontinence pad—which is acceptable under the manufacturer’s
directions—to see if that prevents skin breakdown, or
o see if there is another type of monitoring system available.
• Kukowski noted other options would be to pursue legal remedies or discuss with
MDH’s Licensing & Certification area.
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C. PT/OT PAMs
Kukowski stated an individual dually licensed as a PT and an OT wants to use PAMs in
her capacity as an OT, but currently she is not approved by the MDH to use PAMs, even
though she has experience and competency to use PAMs.
• Sames stated that her academic schooling for her PT license was more than two
years ago.
• Council agreed that they did not find any exceptions within the current statutes
that would allow her to be approved for PAMs use in her capacity as an OT
without taking a training course.
D. Proposed Schedule for 2014
Miller presented the proposed 2014 Occupational Therapy Advisory Council meeting
schedule.
E. Limited License re: Supervision for 160 Hours
Brennan stated the statutes regarding limited licensure says supervision has to be
approved by the Commissioner, and she inquired if the approval happens before or after
the supervision occurs?
• Rauchwarter responded that the limited license is for practitioners that have
lapsed for longer than four years, and it is given for the practitioner to work under
supervision and the supervisor documents the supervised hours. Once the log of
hours meets the requirements, then the practitioner can apply for renewal of their
OTP license.
• Sames asked if the practitioner has to show where they are going to be supervised
for 160 hours?
• Rauchwarter responded, yes, they have to complete and be approved for a limited
license. They will be given a log form to document supervision.
F. Supervision of an OT without PAMs Approval
Brennan stated the statutes do not define the supervision requirements for using PAMs
while waiting for PAMs approval, and someone asked Brennan what that supervision
should entail. She suggested this could be an area of the statutes that should be addressed.
• Brennan stated her response was that the statutes do not define it, and so the
practitioner should use their best judgment.
• Buckley asked if the supervision would have to be on-site.
• Brennan responded that the statutes do not say whether the supervision should be
direct or in-direct, and that is specifically what the practitioner was asking about.
• Kukowski stated the supervisor would have to be comfortable with the level of
supervision because ultimately they would be the one responsible.
Next Meeting
January 23, 2014
Location TBD
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