Protecting, maintaining and improving the health of all Minnesotans
Occupational Therapy Practitioners
Advisory Council Meeting Minutes
October 30, 2014
Attendance
Members
Lynnette Buckley
Chris Harbaugh
Dr. Stephen Jobe, DC
Dr. Lisa Dutton
MDH Staff
Anne Kukowski
Kim Ruberg
Bridget Woitas
Guests
Cathy Brennan
Absent
Lisa Dutton
Grace Rauchwarter
I.
Introductions
II.
Announcements – Advisory Council Terms
III.
Review and Approval of Minutes from April 17, 2014
Corrections to minutes:
Education requirements for AOTA: AOTA recommended that OT’s be required to have a
doctorate. This is not a change to the law.
There was clarification of direct access. OT’s may provide services to patients without a
physician’s order (i.e., they have direct access). However, payers do not have to honor
direct access.
Minutes are approved with changes.
IV.
Additions/Adoption of Agenda
Approved as written
V.
Staff Updates
A. Credentialing Report
Ruberg presented the OTP stats.
 Licensed OTs: 3,365.
 Licensed OTAs: 1,042.
 Total licensees: 4,407.
The council discussed the decreased rate of growth for OTA practice.
B. Investigation and Enforcement Report
Since the July meeting was cancelled, I&E reports for both FY14 and for the first quarter
of FY15 were presented.
OTA Investigations and Enforcement
FY14
General Information: 651-201-5000 • Toll-free: 888-345-0823 • TTY: 651-201-5797 • www.health.state.mn.us
An equal opportunity employer


54 intakes (3 from allegations; 51 from applications)
4 investigations opened (2 Credential checks; 2 Prohibited Acts – Illegal
Practice)
 6 Investigations closed (1 Placed in abeyance; 1 Referred for Enforcement; 1
Closed – insufficient evidence to show violation; 3 Combined and sent to
enforcement)
 1 open Enforcement (Illegal Practice)
 0 enforcements Closed
 14 pending Investigations
 5 pending Enforcements
FY15, 1st Quarter
 3 intakes (2 from allegations; 1 from application)
 1 investigation opened (Fraudulent Billing)
 6 investigations closed (3 civil penalties; 1 dismissed with advisements; 1 closed
due to insufficient evidence)
 0 Enforcements Opened
 1 enforcement Closed (civil penalty)
 14 pending Investigations
 5 pending Enforcements
OT Investigations and Enforcement
FY14
 56 intakes (11 from allegations; 45 from applications)
 12 investigations opened (1 CE waiver request; 4 PAMS violations; 1 illegal
practice; 1 providing false information; 1 incompetence; 1 CE violation; 1 fraud;
1 sexual conduct – boundaries)
 20Investigations closed (1 CE waiver denied; 1 CE waiver approved; 5
dismissed with advisements; 5 referred for Enforcement; 5 closed – insufficient
evidence to show violation; 1 non-disciplinary correction order; 2 closed –
unable to locate)
 5 Enforcements Opened (1 financial; 1title violations; 1 PAMS violation; 1
illegal Practice; 1 sexual conduct/boundaries)
 4 Enforcements Closed (2 civil penalties; 1 conditional license;1 license
revoked)
 25 Pending investigations against 25 practitioners
 6 Pending Enforcements
FY15, 1st Quarter
 2 Intakes (2 related to allegations).
 1 Investigation opened (Financial)
 7 investigations closed (2 dismissed with advisements; 1 referred to another
agency; 1 insufficient evidence to show violation; 1 placed in abeyance; 2
unable to timely complete investigation)
 Opened 0 enforcements
 Closed 5 enforcements (2 unable to timely pursue enforcement; 1 placed in
2


abeyance; 1 closed with advisements; 2 non-disciplinary civil penalty; 1
license revoked)
25 pending investigations involving 19 practitioners
6 Pending enforcements
Kukowski summarized a disciplinary action issued during the 1st quarter of FY14. It can
be found on the web at http://www.health.state.mn.us/divs/hpsc/hop/otp/otpdisp1.html
Kukowski asked for input on how the group would like disciplinary actions to be reported
to the council. The council agreed that disciplinary actions need not be read or
distributed to the council and that notice that they are on the web is sufficient.
The council discussed MDH’s effort to close old cases. Kukowski explained that MDH
is looking at the age of file, the serious of allegation, and whether the practitioner has
been the subject of subsequent complaints.
C. Budget
 Kukowski reminded the council that the budget will only be presented at the
beginning/end of the fiscal year and at the mid-point.
 The report for the end of FY14 and the beginning of FY15 was distributed.
VI. Old Business
A. Record Retention and Renewal Policy
 The current policy is to retain information for 50 years. Our proposal is 7 years
after the practitioner’s license has lapsed.
 There was a discussion of what items to keep.
B. 2015 Legislation
 We hope to propose to prorate fees for lapsed practitioners who return to practice.
VI.
New Business
A. Telehealth
The council briefly considered issues relating to telehealth, including increased
accessibility of services in rural areas, the appropriateness of telehealth for exercises,
what supervision means in the context of telehealth, and privacy concerns.
Council members agreed that telehealth was not yet ripe for the practice of occupational
therapy in Minnesota.
VII.
HPSP
A. Kukowski reported that in the year 2014: there was 1 OTP admitted self to the HPSP
Service and 1 OTA discharged ineligible for the program.
Next Meeting
January 15, 2015
The Wellstone Center, Fireside Ecolab Room #107, 179 Robie Street East, Saint Paul MN 55107
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