Minnesota Occupational Therapist Board Investigation and Discipline Proceedings
What Is The Minnesota Board of Occupational Therapy Practice?
The Minnesota Board of Occupational Therapy Practice is the State agency charged with enforcing the Minnesota Statutes related to the practice of occupational therapy and is required by law to make inquiries into all complaints and reports it receives. If an Occupational Therapist is under investigation, then the Board has received a complaint, alleging dishonest, unethical, or unprofessional conduct, conduct intended to deceive or defraud, services that fall below the community standard of care, services that do not meet nationally accepted practice standards, failure to meet statutory requirements for patient notification, and fraudulent billing in connection with the practice of occupational therapy.
Investigated By The Minnesota Board Of Occupational Therapy Practice?
What should I do if I am being investigated by the Minnesota Board of Occupational Therapy Practice? Hopefully this is not a question that you need answered, but if you are reading this blog, then you may be in this position. When the Board receives a complaint, Doctors of Occupational Therapy can be investigated pursuant to Minnesota Statute Section 148.6448, Subd. 1, for alleging dishonest, unethical, or unprofessional conduct, conduct intended to deceive or defraud, services that fall below the community standard of care, services that do not meet nationally accepted practice standards, failure to meet statutory requirements for patient notification, and fraudulent billing in connection with the practice of occupational therapy.
Once all of the necessary information has been gathered, the case will proceed through the Board’s complaint review process to the Complaint Resolution Committee, made up of three members of the Board. The Committee will review the information before them and determine whether the actions constitute violations of Minnesota Occupational Therapy statutes. The Complaint Resolution Committee may then decide to dismiss the complaint, request additional information, or pursue additional action. No response to this request may also result in disciplinary action.
Contact the attorneys at RAM Law PLLC at (651) 468-2108 if you under investigation by a professional licensing board.
Does My Conduct Rise To The Level That Warrants Grounds For Discipline?
Once under investigation, licensees can be investigated and disciplined for the following:
intentionally submitted false or misleading information to the board;
failing, within 30 days, to provide information in response to a written request by the board;
performing services of an occupational therapist or occupational therapy assistant in an incompetent manner or in a manner that falls below the community standard of care;
failing to satisfactorily perform occupational therapy services during a period of temporary licensure;
failing to perform services with reasonable judgment, skill, or safety due to the use of alcohol or drugs, or other physical or mental impairment;
been convicted of violating any state or federal law, rule, or regulation which directly relates to the practice of occupational therapy; failing to cooperate with the board in an investigation;
advertising in a manner that is false or misleading;
engaging in dishonest, unethical, or unprofessional conduct in connection with the practice of occupational therapy that is likely to deceive, defraud, or harm the public;
demonstrating a willful or careless disregard for the health, welfare, or safety of a client;
performing medical diagnosis or provided intervention, other than occupational therapy, without being licensed to do so under the laws of this state;
paying or promising to pay a commission or part of a fee to any person who contacts the occupational therapist for consultation or sends patients to the occupational therapist for intervention;
engaging in an incentive payment arrangement that promotes occupational therapy overutilization, whereby the referring person or person who controls the availability of occupational therapy services to a client profits unreasonably as a result of client intervention;
engaging in abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical assistance laws;
obtaining money, property, or services from a consumer through the use of undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;
performing services for a client who had no possibility of benefiting from the services;
failing to refer a client for medical evaluation when appropriate or when a client indicated symptoms associated with diseases that could be medically or surgically treated;
engaging in conduct with a client that is sexual or may reasonably be interpreted by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient;
violating a federal or state court order, including a conciliation court judgment, or a disciplinary order issued by the board, related to the person's occupational therapy practice; or any other just cause related to the practice of occupational therapy; and
Any other just cause related to the practice of occupational therapy.
Minn. Stat. § 148.6448, Subd. 1, (1) through (23).
Contact the attorneys at RAM Law PLLC at (651) 468-2108 if you want to know whether your professional conduct falls below the standards of the board during a free consultation.
If I Am Found In Violation, How Can I Be Disciplined By The Board?
If the board finds that an occupational therapist or occupational therapy assistant violated Minnesota law, then they could be disciplined by one or more of the following actions:
refusing to grant or renew licensure;
approving licensure with conditions;
revoking licensure;
suspending licensure;
any reasonable lesser action including, but not limited to, reprimand or restriction on licensure; or
any action authorized by Minnesota statute.
Minn. Stat. § 148.6448, Subd. 3, (1) through (6).
Contact the attorneys at RAM Law PLLC at (651) 468-2108 to learn whether your professional conduct will lead to discipline during a free consultation.
Will I Have To Shut Down My Occupational Therapy Practice?
Upon notice from the board denying licensure renewal or upon notice that disciplinary actions have been imposed and the person is no longer entitled to practice occupational therapy and use the occupational therapy and licensed titles, the person shall cease to practice occupational therapy, to use titles protected by sections 148.6401 to 148.6449, and to represent to the public that the person is licensed by the board.
What Can I Do If My License To Practice Occupational Therapy Has Been Suspended?
An Occupational Therapist who has had licensure suspended may request and provide justification for reinstatement following the period of suspension specified by the board. Certain requirements under Minnesota law must be satisfied and any other conditions imposed with the suspension must be met before licensure may be reinstated.
Can I Be Charged with a Crime Relating To The practice of Occupational Therapy?
A person practicing occupational therapy can be criminally charged under state and federal law depending on the practitioner’s conduct. Practitioners can be charged under state and federal law for billing for therapy or medical services that were paid but not actually provided, breach of Medicaid laws, padding hours or units of therapy or medical services, or billing under the incorrect cpt code, so long as the individual had the intent to defraud. The intent to defraud can be established through collateral evidence such as concealing medical records, unauthorized or unlawful augmentation or amending medical records after the fact or notice of investigation, electronic data and metadata, travel records, unreasonable salaries, tax evasion, employing unqualified staff, or any other suspicious conduct that can be proven beyond a reasonable doubt.
In the event an individual has reason to believe they may be under any criminal investigation, it is imperative that they do not discuss their matter with anyone including law enforcement, other than their lawyer or a lawyer they are considering retaining.
Call (651) 468-2108 to discuss the investigation, defense of license discipline, or criminal proceedings regarding your Minnesota Occupational Therapist License, or any other professional medical license, during a free consultation with the lawyers at RAM Law PLLC.