2005 Minnesota Statutes - 148.6448 — Grounds for denial of licensure or discipline; investigation procedures; disciplinary actions.

     148.6448 Grounds for denial of licensure or discipline; 
  investigation procedures; disciplinary actions. 


    Subdivision 1.    Grounds for denial of licensure or 
 discipline.  The commissioner may deny an application for 
 licensure, may approve licensure with conditions, or may 
 discipline a licensee using any disciplinary actions listed in 
 subdivision 3 on proof that the individual has: 


    (1) intentionally submitted false or misleading information 
 to the commissioner or the advisory council; 


    (2) failed, within 30 days, to provide information in 
 response to a written request by the commissioner or advisory 
 council; 


    (3) performed 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; 


    (4) failed to satisfactorily perform occupational therapy 
 services during a period of temporary licensure; 


    (5) violated sections 148.6401 to 148.6450; 


    (6) failed to perform services with reasonable judgment, 
 skill, or safety due to the use of alcohol or drugs, or other 
 physical or mental impairment; 


    (7) been convicted of violating any state or federal law, 
 rule, or regulation which directly relates to the practice of 
 occupational therapy; 


    (8) aided or abetted another person in violating any 
 provision of sections 148.6401 to 148.6450; 


    (9) been disciplined for conduct in the practice of an 
 occupation by the state of Minnesota, another jurisdiction, or a 
 national professional association, if any of the grounds for 
 discipline are the same or substantially equivalent to those in 
 sections 148.6401 to 148.6450; 


    (10) not cooperated with the commissioner or advisory 
 council in an investigation conducted according to subdivision 
 2; 


    (11) advertised in a manner that is false or misleading; 


    (12) engaged in dishonest, unethical, or unprofessional 
 conduct in connection with the practice of occupational therapy 
 that is likely to deceive, defraud, or harm the public; 


    (13) demonstrated a willful or careless disregard for the 
 health, welfare, or safety of a client; 


    (14) performed medical diagnosis or provided treatment, 
 other than occupational therapy, without being licensed to do so 
 under the laws of this state; 


    (15) paid or promised 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 
 treatment; 


    (16) engaged in an incentive payment arrangement, other 
 than that prohibited by clause (15), 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 
 treatment; 


    (17) engaged in abusive or fraudulent billing practices, 
 including violations of federal Medicare and Medicaid laws, Food 
 and Drug Administration regulations, or state medical assistance 
 laws; 


    (18) obtained money, property, or services from a consumer 
 through the use of undue influence, high pressure sales tactics, 
 harassment, duress, deception, or fraud; 


    (19) performed services for a client who had no possibility 
 of benefiting from the services; 


    (20) failed 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; 


    (21) engaged 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; 


    (22) violated a federal or state court order, including a 
 conciliation court judgment, or a disciplinary order issued by 
 the commissioner, related to the person's occupational therapy 
 practice; or 


    (23) any other just cause related to the practice of 
 occupational therapy. 


    Subd. 2.    Investigation of complaints.  The 
 commissioner, or the advisory council when authorized by the 
 commissioner, may initiate an investigation upon receiving a 
 complaint or other oral or written communication that alleges or 
 implies that a person has violated sections 148.6401 to 
 148.6450.  In the receipt, investigation, and hearing of a 
 complaint that alleges or implies a person has violated sections 
 148.6401 to 148.6450, the commissioner shall follow the 
 procedures in section 214.10. 


    Subd. 3.    Disciplinary actions.  If the commissioner 
 finds that an occupational therapist or occupational therapy 
 assistant should be disciplined according to subdivision 1, the 
 commissioner may take any one or more of the following actions: 


    (1) refuse to grant or renew licensure; 


    (2) approve licensure with conditions; 


    (3) revoke licensure; 


    (4) suspend licensure; 


    (5) any reasonable lesser action including, but not limited 
 to, reprimand or restriction on licensure; or 


    (6) any action authorized by statute. 


    Subd. 4.    Effect of specific disciplinary action on use 
 of title.  Upon notice from the commissioner 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 
 148.6450, and to represent to the public that the person is 
 licensed by the commissioner. 


    Subd. 5.    Reinstatement requirements after disciplinary 
 action.  A person who has had licensure suspended may request 
 and provide justification for reinstatement following the period 
 of suspension specified by the commissioner.  The requirements 
 of sections 148.6423 and 148.6425 for renewing licensure and any 
 other conditions imposed with the suspension must be met before 
 licensure may be reinstated. 


    HIST: 2000 c 361 s 22; 2001 c 7 s 41