Protecting, maintaining and improving the health of all Minnesotans
Occupational Therapy Practitioners
Advisory Council Meeting Minutes
April 18, 2013
Attendance
Members
Chris Harbaugh
Lynnette Buckley
Lisa Dutton
MDH Staff
Guests
Anne Kukowski
Cathy Brennan
Kimberly Ruberg
Patti Fuller
Barbara Miller
Catherine Lloyd (appeared for Agenda Item 6D)
Absent
Mary Noska
Merri Vitse
I.
Introductions
Done by those in attendance.
II.
Review and Approval of Minutes from January 17, 2013
Kukowski stated last sentence on page 3 should read, “they are processed…”
Minutes were approved, with the one change.
III.
Additions/Adoption of Agenda
Adopted, as written.
IV.
Staff Updates
A. Credentialing Report
Ruberg and Fuller presented the long-term OTP stats.
• Licensed OTs: 3,216.
• Licensed OTAs: 1,001.
• Total licensees: 4,217.
B. Investigation and Enforcement Report
Kukowski presented the FY13 Q3 OT I&E Report.
• 26 Intakes (2 allegations, 1 info inquiry, 1 public action check, 22 applications).
• 9 Investigations Opened (from 1 allegation, 1 info inquiry, 7 applications):
○ 1 violated sections 148.6401-148.6450,
○ 1 illegal practice/protected title use, and
○ 1 PAM violation.
• 3 Investigations Closed (2 referred to enforcement, 1 dismissed with
advisements).
• 2 Enforcements Opened (resulting from closed investigation).
• 1 Enforcement Closed.
Kukowski presented the FY13 Q3 OTA I&E Report.
• 20 Intakes (1 public action check, 19 applications).
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• 2 Investigations Opened (from 2 applications).
• 1 Investigation Closed (referred to enforcement).
• 1 Enforcement Opened.
• No Enforcements Closed.
Kukowski noted that she has been interviewing for the open investigator position.
C. Budget and Expenditure Report
Kukowski presented the FY13 Q3 Budget Report.
• Salary expenses are lower than expected because of:
○ the investigator position vacancy and
○ Fuller’s OTA FTE has not yet being billed to the program.
• Total Expenditures were $159,638.
• Total Receipts were $201,819.
• Program Balance was $42,181.
• Supervisory FTE is lower than budgeted because when Kukowski’s position was
created it was charged mainly to another program.
• Ruberg asked what was billed to the Other Operating Costs and Equipment lines?
• Kukowski responded that she would look into that for the next meeting.
V.
Old Business
A. Legislative Update – PAMs Housekeeping and Criminal Background Checks
Kukowski stated the proposed amendment making housekeeping changes to the PAMs
statute is working its way through the legislature and will hopefully be passed.
Kukowski updated the Criminal Background Checks (CBC) legislation.
• Senate version was amended so that it will be implemented for HOP in 2017 only
if MDH is not reviewed by the Sunset Commission. However, there are three bills
to repeal the Sunset Commission.
• House amended their version to match the Senate’s language.
• Health Licensing Boards are interpreting the legislation to require that CBCs be
implemented only for people newly entering the occupation. CBCs will extend to
previously licensed practitioners in the future.
Brennan stated that the MOTA proposed language is moving forward along with the
Department’s PAMs housekeeping changes.
VI.
New Business
A. Records Retention Policy
Kukowski presented the MDH Records Retention Schedule for OTPs.
• Kukowski asked for input on retention length of OTP credentialing files, which is
currently 52 years after licensure lapse.
• Dutton inquired how the schedule compares to other licensing entities?
• Kukowski responded that she would research that further and that there is no
official position from MDH on the retention schedule.
• Harbaugh questioned why HOP would need the physical papers if there is a
history summary in the HOP database.
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Council agreed storing credentialing files for ~10 years after lapse is acceptable.
B. Brainstorming on How to Obtain Active Public Members
Kukowski presented a flier to attract public members.
• Ruberg noted in the past that postcards have been mailed to practitioners about
the public member vacancy in addition to fliers in renewal notice mailings.
• Buckley suggested distributing at OT schools because many people going into the
profession received OT services at one time.
• Harbaugh asked if they could distribute the flier in their clinics, and Kukowski
responded that they can. Miller will email the flier to the Council members.
• Brennan suggested that HOP contacts MOTA to have it added to their website,
and Miller will email that request to MOTA.
C. Scope of Practice – Neurofeedback
Kukowski stated an OT asked MDH if neurofeedback is within the scope of practice.
• Kukowski provided a handout describing neurofeedback.
• Brennan often receives scope of practice questions. She does not respond with a
yes or no, and the individual has to decide if it fits within the statutory criteria.
• Brennan suggested that the Council discusses what is expected of a practitioner
when they are making a scope of practice decision—like identifying whether
advanced training is needed and how it impacts function as well as keeping a file
of their supporting documentation.
• Dutton questioned the liability of the Council if they provide directions that are
not listed specifically in the statute.
• Harbaugh would respond by telling the practitioner that neurofeedback is not
referenced in the statute, so the practitioner needs to use their judgment, taking
into account whether the practitioner feels they are competent and can do it safely.
The Council agreed that was a good way to respond.
D. I&E Penalty Calculations
Lloyd presented a Disciplinary Penalty Fee chart and asked the Council if they have ever
discussed putting penalty provisions to the statutes?
• Lloyd stated HOP currently assesses a penalty as the cost of the investigation and
economic advantage, typically 10% of the salary during illegal practice.
• Buckley stated it was discussed when the laws were created, but they tried to take
a minimalist approach such that it would sting but not be a huge financial burden.
• Dutton asked the advantage of adding penalty provision language into the statute?
• Lloyd responded it would provide more a leg to stand on in a challenge.
• Harbaugh asked if there was draft language for the Council to review?
• Lloyd responded no, this is just a new discussion to see if it should be pursued.
• Council agreed a penalty provision should be put in statute, similar to the
SLP/Aud language.
• There was discussion about the maximum fee amount and definition of “each
violation.”
• Brennan noted that the PT Board sometimes refers cases to the PT Association’s
peer review committee, and she suggested that Council entertain that idea.
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Lloyd stated a corrective order is another item to consider, and it is being done by
the PT Board and Board of Medical Practice. It is non-disciplinary, but is public.
The order would lay out a corrective plan, but does not assess fee.
Buckley stated the OTP CRC sometimes suggested a disciplinary plan similar to a
corrective order.
Kukowski noted that HOP may already implement corrective actions in a
stipulation, because if a practitioner is not performing up to standards but is
willing to, it makes more sense to require training than to fine them.
HOP will gather more information about corrective orders to discuss at the next
meeting.
Next Meeting
July 18, 2013, 2:30 P.M. to 4:30 P.M.
American Lung Association
Minnesota River Room
490 Concordia Ave
Saint Paul, MN 55103
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