EFFECTIVE: May 22, 2015 Protecting, maintaining and improving the health ofall Minnesotans
May 5, 2015
Donna June Childers 9280 University Avenue NW #353 Coon Rapids, MN 55448 RE:
OTA File #15007
Dear Ms. Childers:
Based on the facts and Jaw in this matter as described in the enclosed Staff Determination, the
Minnesota Department of Health (MDH) has determined that you intentionally submitted false or
misleading information to the commissioner, in violation of Minnesota Statutes, section
148.6448, subdivision 1(1). Therefore, the Department is disciplining your right to practice
occupational therapy. This action 'is authorized pursuant to Minnesota Statutes, sections 214.131,
and 148.6448, subdivision 3.
You may either accept the discipline as stated herein or you may appeal. If you accept, you will
be issued a conditional occupational therapy assistant license. Please pay the assessed civil
penalty by check made payable to "Treasurer, State of Minnesota". If you wish to appeal the
discipline, you must provide a written statement as to which facts are in error and your grounds
for your appeal. Your written statement must be received within 30 days from the date this letter
is received by you. During that 30-day period, you also have the right to challenge this decision in
a contested-case hearing, as provided under Minnesota Statutes, Chapter 14. Requests for a
hearing should also be made in writing and include specific grounds for challenging the
Department's decision.
You must provide a written statement of your decision to either accept or appeal the discipline
outlined.in the enclosed Determination, within 30 days of your receipt of this letter, to:
Gilbert Acevedo, Director of the Health Occupations Program
Minnesota Department of Health
POBox64882
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
Erin Smilanich at (65I)201-3770.
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Sincerely,
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Health Regulation Division
Enclosure
General Information: 651-201-5000 • Toll-free: 888-345-0823 • www.health.state.mn.us
An equal oppommi'J mtployer
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HEALTH OCCUPATIONS PROGRAM MINNESOTA DEPARTMENT OF HEALTH A Determination In the Matter of Donna June Childers Occupational Therapy Assistant Practitioner AUTHORITY 1. The Minnesota Department of Health (MOH) has authority to discipline occupational
therapists and occupational therapy assistants for violations oflaw under Minnesota
Statutes, section 214.131, subdivision 2, and Minnesota Statutes, section 148.6448,
subdivision 3. The types of discipline MDH may impose include but are not limited to
public reprimands and the assessment of civil penalties.
2. Minnesota statutes, section 148.6448 subdivision 1 (1) authorizes MDH to take
disciplinary action against practitioners who intentionally submit false or misleading
information to the commissioner or the advisory council.
3. Minnesota statutes, section 148.6448 subdivision 1(23) authorizes MDH to take
disciplinary action against practitioners who have violated any other just cause related to
the practice of occupational therapy.
FINDINGS OF FACT
4. On June 12, 2014, Donna June Childers (hereinafter "Practitioner") was issued a
temporary license to practice as an occupational therapy assistant. Practitioner's
temporary license expires June l l, 2015.
5. On December 26, 2014 MDH received Practitioner's application and license fee for an
Occupational Therapy Assistant license. Practitioner had marked 'yes' on question 16,
which asks if the applicant has been convicted of a felony or misdemeanor involving
dishonesty. In her application, Practitioner provided a narrative description of disclosure
and a copy of probation discharge papers and a record of the court proceedings
Practitioner explained:
a. In 2003 she was convicted of a crime involving dishonesty, specifically
"Wrongfully Obtaining Public Assistance."
b. In the l 990's and for some period of years, she lied to Anoka County Public
Assistance (hereinafter "County") in order to receive child care and medical
benefits
c. She was convicted ofviolating Minnesota Statutes, section 256.98, Wrongfully
Obtaining Assistance; Theft in Anoka County Court for the State of Minnesota.
d. She was ordered to pay restitution and placed on probation.
e. Practitioner stated she was given early discharge from probation in June 2010
which lowered her felony convictions to misdemeanor crimes. Practitioner
included Court documents that show the above discharge and lowering of
convictions.
6. Practitioner's application for a full occupational therapy licensure was referred to the
Investigation and Enforcement staff ("Staff'') for a background investigation into
Practitioner's disclosure.
7. On January 13, 2014, the Department sent Practitioner a letter asking for further
clarification on the conviction, if Practitioner had paid back the amount owed, if so, how
much and what amount is owed and how Practitioner intends to maintain professional
boundaries with her clients.
8. On February 4, 2015 MDH received a written response from the Practitioner.
a. Regarding restitution, Practitioner made the following statements:
1. In paragraph 3 on page 2 of Practitioner's response, she stated: "From the monies
that have been paid and that have been collected from me, my best estimate is that
between $5,000 and $7,000 have been paid back." And"... several times
contacted Anoka County Department of Human Services-Economic Assistance
Division. The figure they provided me- a paltry sum of$1,535.00-simply
cannot be accurate."
ii. In paragraph 4 of page 3 of Practitioner's response, she stated:" ... -have I finished
paying- the answer to that question is both "Yes" and "No." Yes, I have finished
paying the 'restitution' that was part of my sentence because I was discharged
from probation the Court. On the other hand, no, I have not yet paid back every
penny that was wrongfully received so as to retire the debt."
iii. In paragraph 5 of page 3 of Practitioner's response, she stated: " ... the County of
Anoka renewed the civil judgement in November 2013, for the unpaid restitution
balance, less the monies I'd paid, and together with accrued interest on the unpaid
balance."
iv. Additionally in paragraph 5 of page 3 of Practitioner's response, she stated: "I did
not dispute either the debt or the amount calculated, and I agreed with the entry of
a money judgement. Judgement was entered on December 31, 2013 in the matter
against me in favor of Anoka in the amount of$82,901.85."
b. Regarding professional boundaries, Practitioner made the following statements:
i. ii. In paragraph 1 on page 1 ofPractitioners response, she stated: "Both from my
schooling and my work experience, I fully understand and appreciate what
professionalism and ethical standards are and their implications in the health
care field."
Also in paragraph 1 on page 1 of Practitioner's response, she stated: "As a
health care worker regarding vulnerable people, I am a mandated reporter,
meaning that I am responsible not only for the wellbeing and safety of those
with whom I work, but also I am responsible for reporting suspected abuse."
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1. In paragraph 5 on page 1 of Practitioner's response, she stated: "I am
known as a "rule follower" and am proud of my ethical viewpoints. I
have professional boundaries with my clients as well as my co­
workers. I avoid disclosing personal information to clients or co­
workers. I am respectful of my professional boundaries when doing
direct client centered care. I know that working closely with
vulnerable populations and maintaining a boundary of professionalism
and honesty is not an issue for me."
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9. Upon review ofparagraph4 on page 5 of Practitioner's response, MDH staff noted the
sentence, "The brain space that was tied up in conniving manipulation is now free for
problem solving and creativity." is a phrase associated with Oprah Winfrey's website
10. On February 19, 2015 MDH sent a follow up letter asking for further clarification on the
exact amount owed and paid along with release forms to Practitioners supervisor and
employer.
11. On February 25, 2015 the Investigator received a phone call from the Practitioner.
Practitioner stated she was unable to find out the exact amount owed or paid.
12. On March 5, 2015 MDH received the signed employment release forms from
Practitioner. In her response, Practitioner included a statement which appeared to be
from Practitioner's supervisor.
13. On March 9, 2015 MDH sent a letter to Practitioner's employer, along with the signed
release form, with explicit instructions that it is sent directly to the Department in the
franked envelope provided.
14. On March 31, 2015 MDH rece;ived the employers completed questionnaire with no
negative responses towards the Practitioner.
15. On April 16, 2015 the issues .in this matter were presented to the Occupational Therapy
Practitioner Advisory Council Competency Review Committee (hereinafter "CRC").
CRC members made the following recommendations:
a Practitioner should have the right to practice however; MDH will issue the
Practitioners license under the following conditions:
License will remain conditional for two renewal cycles
i. ii. Practitioner must attend a continuing education course
iii.
Practitioner must have supervised practice for no less than twelve months
CONCLUSION
Practitioner did not comply with the requirements under Minnesota Statutes, section 148.6448
subdivisions 1(1) and (23) when she submitted false or misleading information to MDH
regarding restitution paid resulting from her 2003 convictions of Wrongfully Obtaining Public
Assistance. Given the nature of the convictions, the amount ofrestitution owed, and
Practitioner's response to questions regarding professional boundaries, it is recommended
Practitioner's license to practice as an occupational therapy assistant be conditioned.
DETERMINATION
16.
Practitioner shall be issued a conditional license with the following conditions:
a The license shall remain conditional for a period of no less than 4 years, or
two renewal cycles.
b. Practitioners practice as an OTA must be supervised for a period of twelve
(12) months by one supervisor in the following activities: daily and weekly
treatment plans, review of current and upcoming problems and concerns,
Practitioner's relationships with clients.
c. Practitioner's supervisor must submit monthly reports to the Department for
the first three(3) months of the supervised practice to report about
Practitioners treatment plans, problems or concerns, and relationships with
clients. Thereafter, Practitioners supervisor can submit one report every three
months for the final three quarters of the twelve month period. If Practitioner
obtains a new supervisor during the twelve month supervision period, the new
supervisor must provide monthly reports for the first three months directly to
MDH and thereafter resume the schedule of quarterly reports until the twelve
month period is complete.
d. Practitioner shall sign whatever releases are necessary for the supervisor to
report Practitioner's work directly to MDH. Practitioner shall cooperate fully
during the process of MDH's enforcing and monitoring compliance with this
determination.
e. Within twelve months, Practitioner shall successfully complete a continuing
education class in ethics, boundaries, or a similar class as approved by MDH.
This class shall be a minimum of two contact hours and shall be in addition to
the continuing education requirements of Minnesota Statutes, section
148.6443.
f. After a period of no less than four years from the date her license is issued,
Practitioner may request that the conditions be removed from her license.
Practitioner's request:
i. Must be in writing.
ii. Must be addressed to: Investigation and Enforcement Unit, Health
Occupations Program, Minnesota Department of Health, PO Box
64882, Saint Paul, MN 55164-0882; or any other Departmental staff as
designated by the Health Occupations Program.
17. Practitioner must provide any employer who hires her as an OTA with a copy of
this determination for a period of no less than four years, or two renewal cycles.
18. Practitioner should pay a civil penalty of $620.10 to reimburse MDH for costs of
investigations and proceedings to date.
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a. Practitiqner may pay the $620.10 civil penalty in monthly installments. If
Practitioner chooses to make installments, she must notify MDH in writing
about her intentions, including how many installments 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, PO Box 64882, Saint Paul, MN 55164-0882, within 30 days of
receipt of this document.
b. Each payment will be made by check payable to "State of Minnesota,
Treasurer", and mailed to Investigation and Enforcement Unit, Health
Occupations Program, PO Box 64882, Saint Paul, MN 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.
c. The penalty may be referred to the Minnesota Department of Revenue
(MDR), or any other source for collection, if Practitioner misses a monthly
payment by 14 calendar days after the established deadline. When this Order
for a penalty becomes public and MDH refers the matter to MDR, MDR is
authorized by Minnesota Statutes, section 16D.17, to obtain a judgment
against Practitioner without further notice or proceedings.