Effective: October 16, 2014
Prntecting, maiptrdning and improving the health ofall Minnesotans
September 12, 2014
Ms. Jlloyce Colleen Larkin
RE: MDH File Number: OTAl 4013
Dear Ms. Larkin:
Based on the facts and law in this matter as described in the enclosed Staff Determination, the Minnesota
Department of Health (MDH) has determined that you illegally used protected titles and practiced-as an
occupational therapy assistant without a license from December 1, 2009 to February IO, 2014, in violation·
of Minnesota Statutes, section 148.6403, subdivisions 1 and 2; section 148.6445, subdivisons l l(a) and .
11 ( d); arid section 148.6448, subdivison 1(5). Therefore, MDH is assessing you civil penalty in the
amount of $6,986, The assessment ofcivil penalties is authorized pursuant to Minnesota Statutes, section
214.131, subdivision 2; section 148.6403, subdivision 6; section 148.6445, subdivisons l l(a) and ll(d);
and section 148.6448, subdivison 3.
This decision will be made final and effective 30 days from the date it is received by you. During that 30­
day period, you have the right to challenge this decision in a contested-case he.aring, as provided under
·
Minnesota Statutes, Chapter 14. Requests for a hearing should be made in writing.and include specific
grounds for challenging the Department's decision. If you wish fo request a hearing, please send a written
hearing request, within 30 days of your receipt ofth1s letter; to:
Gilbert Acevedo, Director Health Occupations Program Minnesota Department of Health PO Box 64882
.
Saint Paul, MN 55164-0882 You may also deliver your request to 85 East Seventh Place, Suite 220, Saint Paul, MN; or fax it to Mr.
Acevedo at (651) 201-3839. If you have any questions about this matter, please contact Catherine
Dittberner Lloyd at (651)201-3706.
Darcy Miner, Director Compliance Monitoring Division Enclosure
cc: Gilbert Acevedo, Director Allne Kukowski, Assistant Director .
Geueral Information: (651) 201-5000
11 .
.
TDD/TYY: (651) 201-5797 a Minnesota Relay Service: (800) 627,3529. ~ www.healt!:,.state.mn.:is
..
~ ' .. •~TYL~ ;~~~;;An, roll (651) 201-SOOO
e·k~q~aT;;pporttmityemployer
HEALTH OCCUPATIONS P~QGRAAf MINNESOTA DEPARTMENT OF HEALTH ·A Determination In the Matter of Jiloyce Colleen Larkin, aka Jiloyce Colleen Reisetter Occupational Therapy Assistant AUTHORITY 1. The Minnesota Department of Health (MDH) has authority to discipline occupational
therapists and occupational therapy assistants under Minnesota Statutes, section 214.131,
subdivision 2, and Mi1mesota Statutes, section 148.6448, ~ubdivision 3. The types of
discipline MDH may impose include public reprimands and the assessment of civil
penalties.
2. Pursuant to Minnesota Statutes, section 148.6403, subdivisions 1 and 2, no person shall
engage in the practice of occupational therapy or use protected titles ooless the person is
licensed as an occupational therapist or occupational therapy assistant.
·
. ­
3. Pursuant to Minnesota Statutes, section 148. 6445, subdivision 11 (a), the penalty fee for
practicing occupational therapy or using protected titles without a current license after the
credential has expired and ~efore it is renewed is the amount of the license renewal fee
for any part of the first month, plus the license renewal fee for any part of any subsequent
months, up to 36 months.
4. Pursuant to Minnesota Statutes, section 148 .6445, subdivision 11 (d), in part, for conduct
described in section 148 .6445, subdivision 11 (a), and exceeding six months, payment of a
penalty fee does not preclude any disciplinary action reasonably justified by the
individual case.
5. Pursuant to Minnesota Statutes, section 148.6448, subdivision 1(5), MDH may take
enforcement action against a practitioner for violating sections 148.6401 to 148.6450.
7. On January 8, 200 3, MD H staff consulted the Occupational Therapy Practitioner
Advisory Council about an appropriate penalty for unlicensed practice. MDH determined
the penalty as follows: Occupational Therapy Practitioners who practice without a license
will be assessed a penalty of ten percent of the practitioner's net income during the
violation period. :ivlDH shall also assess the costs of investigation.
FINDINGS OF FACT
1. On May 18, 2007, Jiloyce Colleen Larkin (hereinafter "Practitioner'.') was issued an
. occupational therapy assistant (OTA) license, under license number 201440. Practitioner's initial license expired November 30, 2009. '
1
2. By letter dated September 4, 2009, MDH sent a notice to Practitioner with instructions on
how to renew her occupational therapy assistant license, which was due to expire
. ·
November 30, 2009. Practitioner was given until October 31, 2009 to submit her renewal
application and licensing fees to avoid a $25 late fee. ·
3. By letter dated December 1, 2009, MDH sent a letter to Practitioner stating her occupational therapy assistant license expired on November 30, 2009. It its letter, MDH stated, "Because your license expired November 3.0, 2009; you must discontinue practice · and use of the occupational titles, and you may no longer represent that you are licensed ..
Practice and use of the protected titles without a current lioense may constitute grounds
for discipline under the licensing system." MDH sent Practitioner a renewal application
along with instructions on how to renew her license,. and pay the.renewal fee and late
fees.
4. On February 10, 2014, Practitioner contactedMDH Credentialing staff electronically and asked for information on how to renew her occupational therapy assistant license. Practitioner asked MDH to send the information by email and by U.S. mail to her current residential address. Ill response, MDH credentialing staff sent Practitioner instructions on how to complete the renewal application after a lapse of four or niore years. This inclUded information on the application-fees, late fees, continuing education, and the criteria for documenting and qualifying for OTA licensure. Credentialing staff advised Practitioner her renewal application would be reviewed by the Investigation and Enforcement staff due to her license lapse and to determine if she practiced without a license. 5. On February 11, 2014, MDH received Practitioner's Continuing Education Record for
continuing education course hours taken from May 2012 to July'2013.
6. OnFebruary 12, 2014, MDHreceived:
a. A letter from the National Board for Certification in Occupational Therapy
(NBCOT) indicating Practitioner had a current certificate, and held the status of
Certified Occupational Therapy Assistant, with an effective date of August 24,
2007 and renewal date of March 31, 2016.
.
b. Practitioner's completed renewal applic~tion and fees.
7.
By letter dated February 27, 2014, the MDH Investigation and Enforcement staff sent a
letter to Practitioner EL.'ld. advised Practitioner that her renewal application was put on
hold. MDH advised Practitioner the hold on her license renewal would be released once
she demonstrated cooperation with MD H's investigation into possible illegal practice:.
·M..DH asked Practitioner to .authorize MDH to obtain employment records and answer
questions related to the types of services she provided, clients served, and titles she used
during the period from December 1, 2009 to February 2014. This included l;i.er response
. to questions related to her lapsed license, continuing education and her authorization for
MDH to obtain employment r~cords.
2
8. On March 11, 2014, .MDH received Practitioner's. written authorization to obtam employment.data for work she performed as an occupational therapy assistant. 9. On March 14, 2014, MDH received Practitioner's response to questions related to her employment after the expiration cifher OTA license on November 30, 2aD9. In her response, Practitioner confirmed: a. She was employed as an Occupational Therapy Assistant (OTA) and used
protected titles from Decemberl, 2009 to February 10, 2014;
b. During the period of unlicensed practice, Practitioner used the title OTA and
provided OTA services in school settings for stucients in Kindergarten through
sixth grade, and in pediatric settings.
c. She maintained her NBOT certification during the time ofillegal practice and the
NBOT required cGmtinuing education course hours.
cl. She explained that in 2008, her new employer helped her complete the application
process and obtain her OTA license.
e. She believed that by submitting her continuing eciucation course hours to NBOT,
she was in compliance with the Minnesota licensing regulations.·
· f. Her last employer (Clinic A) terminated her employment for just cause as
Practitioner did not retain a current license to practice as an OTA.
10. By letters dated March 27, 2014, MDH sent inquiries to Practitioner's former employers
regarciing her practice as an OTA. According to two former employers, no complaints
had been received regarding Practitioner's occupational therapy services.
11. By letters dated April 3, 2014, May 23, 2014, June 6, 2014 and August 26, 2014, Clinic
A provided information related to Practitioner's salary during the period. from December
1, 2009 to February 10, 2014, Practitioner's performance evaluations, and Clinic A's
policies related to licensed practitioners. In addition, Clinic A stated, "We have begun to
make repayments to MN Medicaid in the amount of $17,821JO. There were no
Medicare payments billed or received."
12. On March 28, 2014, the Investigation and Enforcement Unit released the hold on
Practitioner's license. By letter dated March 28, 2014, MDH renewed. Practitioner's
OTA license. In it,s cover letter; MDHstated, "We are approvfog your renewal at this
time, however, ple ase be advised that the current matter with the Investigations and
Enforcement Unit is pending and the issuance of this renewal will not affect that
· investigation."
1
13. On August 14, 2014, the Compete~cy Review Committee (CRC) of the Occupational
Therapy Practitioner Advisory Council reviewed the issues in this matter.. According to
~~:
.
.
.
­
a. Practitioner is required by licensing regufations, the Occupational Therapy
Profession.al Associations and her employer to maintain a current license to
practice occupational therapy;
'
3
b. Practitioner provi~ed occupational therapy services to vulnerable populations·
·
without a licem!e; ·
c. It is Prictitioner's responsibility and obligation under th,e laws and regulati~ns to
keep current on liC'ensing requirements even if her employer did not have a
current copy' of her license on file.
·
· .
·
d. Practitioner should pay.the penalty fee authorized by Minnesota Stariites, section
148.6445, subdivision 1l(a) for the first 36 months of illegal practice; an
additional civil penalty representing the economic adv.8ntage gaineq by the
.violation for illegal practice during the period from December 1, 2012 to Febr:uar'.Y
10, 2014; and the cost of investigation and proceedings.
·
CONCLUSION
Practitioner did not comply with the requirements under Minnesota Statutes, section 148.6403,
subdivisions 1 and 2, because she used protected titles, practiced as an occupational therapy
assistant, and billed for services from December 1, 2009 to February 1o,.2014, without being
.
licensed ".-s an occupational therapy assist~t.
DETERMINATION
1. Practitioner should pay a penalty fee of $3, 168 representing the renewal fee for p~acticing
without license for the first 36 months, $3,025 representing the economic advantage
gained by the violation and $793 to reimburse MDH for ccists of investigations·and
proceedings to date.
·
a
2. Practitioner may pay the $6,986 civil penalty in monthly installments of up to three years
after the effective date of this action. If Practitioner chooses to make installIDents, she.
· must notify MDH in writing abtmt her intentiqns, including how many installrne:p.ts she
intends to make, in what amount, and over which time period. Practitioner must send this
information to: Investigation and Enforcement Unit, Health Occupations Program,
Minnesota Department of Health, PO Box 64882, SaintPaul, :MN 55164-0882, within 30
days ofreceipt of this document:
..
3. Each payment will be made by check payable to "State ~fMinnesota, Treas~er'', and
maUed to. Investigation and Enforcement Unit, Health Occupations Program, Minnesota
Department of Health, PO Box 64882, Saint Paul, 1v1N 55164-0882, or any other address
specified by MDH; Each payment is due by the last day of each month; however,·
Practitioner may prepay at any time .
. 4:
The penalty may be referred to the Miimesota Collection Enterprise (MCE), part of the
Minnesota Department of Revenue, or any other source for collection, ifPractitioner
ri:iisses a monthly payment by 14 calendar days after the established dead.liri.e. When this
·Order for a penalty becomes public and MDH refers the matter to MCE, MCE is
· attthorized by Minnesota Statutes, section l 6D. 17, to obtain a judgment against
Practitioner with.out further notice or proceedings.
4