Protecting, maintaining and improving the health of all Minnesotans
Occupational Therapy Practitioners
Advisory Council Meeting Minutes
January 23, 2014
Attendance
Members
Chris Harbaugh
Lynnette Buckley
Lisa Dutton
Stephen Jobe
Merri Vitse
MDH Staff
Anne Kukowski
Tom Johnson
Kim Ruberg
Grace Rauchwarter
Bridget Woitas
Guests
Cathy Brennan
Absent
Mary Noska
I.
Introductions
Done by those in attendance. Dr. Stephen Jobe was introduced as the new public
member on the Council
II.
Review and Approval of Minutes from October 17, 2013
Approved as written.
III.
Additions/Adoption of Agenda
Approved as written
IV.
Staff Updates
A. Credentialing Report
Ruberg presented the OTP stats.
• Licensed OTs: 3,360.
• Licensed OTAs: 1020.
• Total licensees: 4,380.
B. Investigation and Enforcement Report
Kukowski presented the FY14 OT I&E Report for July – December 2013.
• 7 Intakes (five related to applications and two related to allegations).
• 7 Investigations Opened (2 from allegations and 5 from the application intakes)
○ Allegations included incompetence (1); and engaging in dishonest,
unethical or unprofessional conduct likely to deceive, defraud or harm the
public (1)
○ Applications included failure to respond to a written request from the
Department (1); violations of the practice act (1); and PAM’s violations
(3)
○ Closed four investigations (1); denied a continuing education waiver (1);
closed because of insufficient evidence to show a violation (1); closed
unable to locate, other (1); referred for enforcement
○ 42 pending investigations involving to 42 practitioners,
General Information: 651-201-5000 • Toll-free: 888-345-0823 • TTY: 651-201-5797 • www.health.state.mn.us
An equal opportunity employer
○ 10 pending enforcements for a total of 52 pending investigations and
enforcements
Kukowski presented the FY14 OTA I&E Report for July – December 2013
• 4 investigations opened (1 allegation, 3 application)
o Allegation (1) engaging in dishonest, unethical or unprofessional conduct
• 1 Investigation Closed: insufficient evident to show a violation (1)
• No Enforcements Opened or Closed.
• 24 pending investigations involving 20 practitioners and 4 pending enforcements
for a total of 28 pending investigations and enforcements
C. Budget and Expenditure Report
Kukowski presented the FY14 Q2 Budget Report.
• Total Expenditures were $136,225, which is close to 50% of budgeted
expenditures of $282,000.
• Since renewals generate most of the fees and the first two quarters of the year do
not include a renewal, receipts look low.
• Kukowski stated one of the reasons for the higher expenditures is that staff were
added to credential the OTA’s and to assist in I & E staff and decrease the number
of pending investigations.
• Kukowski noted that the Department will be hiring a manager for the Health
Occupations Program and the Mortuary Science. The cost of the manager will be
split between the two programs.
• Council Members asked what was included in the Professional Services outside
vendor line item. Kukowski responded that she will find out what is included in
this expenditure.
• Kukowski noted that the IT Prof/Tech Services line item is lower than expected.
She stated this may be due to a programmer vacancy in the Department. She is
unsure if this line item will catch up in the next budget report.
D.
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Thomas Johnson- State Special Revenue Fund and Program Fund
Johnson reported that over the years OT/OTA program has collect more funds
that we are allowed to spend. Our ability to spend is set by a legislative
appropriation, that is then allocated between all programs in our bureau of the
health department.
Johnson noted that the Department will need to have a discussion as to whether to
request an increase in the appropriation. He noted that this will be addressed in
preparation for during the 2015 Legislative Session.
The Council Members asked whether a fee holiday or fee reduction would be
possible Occupational Therapy Practitioners. Johnson responded that this would
have to be addressed in preparation for the 2015 Legislative Session.
Kukowski noted that the numbers of practitioners have been steadily increasing.
Staffing was increased when OTA duties were split off from OT duties during the
past year. This will increase salary expenditures during this and future fiscal
years.
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V.
Old Business
A. 2014 Legislative Session
• Kukowski stated that there are no items going forward from the Minnesota
Department of Health this Legislative Session. She noted that the governor has
designated this session the “Unsession”. The legislature is working to eliminate
laws that are no longer relevant and should be removed from the statutes.
• Brennan discussed the Physical Agent Modalities bill that Minnesota
Occupational Therapy Association would like to bring to the Legislature. This bill
would eliminate the need for a separate PAMs application process. She noted that
Physical Agent Modalities coursework has been in the Occupational Therapy
Curriculum since 2006.
• Brennan stated that she has contacted the various professional health care
organizations and licensing boards and has not received any negative response to
the proposed legislation.
• One Council Member expressed some concern that OTA students are provided
with the education but they do not have to prove competencies.
• Kukowski noted that the change to the PAM’s process would not have a
significant fiscal impact on the programs budget because the Department does not
collect a fee for the PAMs application process.
B. Acceptability of Face-to-Face Supervision
• The Council discussed the issue of face to face supervision.
• The statute stated that face to face supervision is required at least once every two
weeks.
• There was a discussion as to whether Skype or video conferencing would be
considered face to face. Council Members had concerns that this may be a data
privacy issue. The lines for Skype may not be secure.
• It was noted that changes to face to face supervision should be brought forward by
professional organizations in the occupational therapy field.
C. Follow-up on Sensor and Padding
• The Council discussed sensor and padding issue. It was noted that if the product
is not used according to the manufacturer’s instructions there will be no recourse
with the manufacturer.
• The Council discussed that facilities have not put written policy in place therefore
there is no direct answers other than manufacturer’s recommendations for how to
use sensors and padding.
VI.
New Business
A. Follow-up on Schools and Records
• The Council discussed that fact that some schools are destroying records of
students at the end of every school year.
• The Council has concerns that this could create issues for Occupational Therapists
who are supervising Occupational Therapy Assistants. It was noted that the
statutes are not specific in stating how supervision needs to be documented.
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Next Meeting
April 17, 2014
The Wellstone Center
Fireside Ecolab Room #107
179 Robie Street East
Saint Paul MN 55107
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