Subdivision 1. Grounds for denial of licensure or discipline. The board 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 board;
(2) failed, within 30 days, to provide information in response to a written request by the board;
(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 148.6449;
(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 148.6449;
(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 148.6449;
(10) not cooperated with the board 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 intervention, 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 intervention;
(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 intervention;
(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 board, 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 board 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 148.6449. In the receipt, investigation, and hearing of a complaint that alleges or implies a person has violated sections 148.6401 to 148.6449, the board must follow the procedures in sections 214.10 and 214.103.
Subd. 3. Disciplinary actions. If the board finds that an occupational therapist or occupational therapy assistant should be disciplined according to subdivision 1, the board 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 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.
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 board. 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.
Subd. 6. Authority to contract. The board shall contract with the health professionals services program as authorized by sections 214.31 to 214.37 to provide these services to practitioners under this chapter. The health professionals services program does not affect the board's authority to discipline violations of sections 148.6401 to 148.6449.
2000 c 361 s 22; 2001 c 7 s 41; 2006 c 267 art 2 s 14; 1Sp2017 c 6 art 11 s 30; 2019 c 50 art 1 s 50; 2020 c 79 art 2 s 23,24
Structure Minnesota Statutes
Chapter 148 — Public Health Occupations
Section 148.01 — Chiropractic.
Section 148.02 — Chiropractors; State Board Of Examiners.
Section 148.031 — Continuing Education.
Section 148.032 — Registration In Animal Chiropractic Diagnosis And Treatment.
Section 148.033 — Animal Chiropractic Continuing Education Hours.
Section 148.035 — Separate Treatment Room Required.
Section 148.05 — License And Fee.
Section 148.06 — Application; Examination; License; Fee.
Section 148.07 — Renewal Fees; Expenses.
Section 148.09 — Independent Examination.
Section 148.10 — Licenses Revoked; New Licenses.
Section 148.102 — Reports Of State Or Local Societies.
Section 148.103 — Immunity For Reporting Or Investigating.
Section 148.104 — Cooperation During Investigations.
Section 148.106 — Peer Review Of Services And Fees.
Section 148.107 — Record Keeping.
Section 148.171 — Definitions; Title.
Section 148.181 — Board Of Nursing Membership, Vacancies, Disclosure.
Section 148.191 — Officers; Staff; Powers.
Section 148.212 — Temporary Permit.
Section 148.231 — Registration; Failure To Register; Reregistration; Verification.
Section 148.233 — Identification Of Certified Registered Nurses.
Section 148.234 — State Boundaries Consideration.
Section 148.235 — Prescribing Drugs And Therapeutic Devices.
Section 148.243 — Fee Amounts.
Section 148.251 — Nursing Program.
Section 148.261 — Grounds For Disciplinary Action.
Section 148.263 — Reporting Obligations.
Section 148.265 — Nurse Cooperation.
Section 148.266 — Disciplinary Record On Judicial Review.
Section 148.267 — Reports To Commissioner Of Health.
Section 148.281 — Violations; Penalty.
Section 148.285 — Transfer Of Assets.
Section 148.512 — Definitions.
Section 148.513 — Licensure; Protected Titles And Restrictions On Use; Exemptions.
Section 148.514 — General Licensure Requirements; Procedures And Qualifications.
Section 148.515 — Qualifications For Licensure.
Section 148.516 — Licensure By Equivalency.
Section 148.5161 — Clinical Fellowship Licensure Or Doctoral Externship Licensure.
Section 148.517 — Licensure By Reciprocity.
Section 148.5175 — Temporary Licensure.
Section 148.518 — Licensure Following Lapse Of Licensure Status.
Section 148.519 — Licensure Procedures.
Section 148.5191 — Licensure Renewal.
Section 148.5192 — Speech-language Pathology Assistants.
Section 148.5193 — Continuing Education Requirements.
Section 148.5195 — Investigation Process And Grounds For Disciplinary Action.
Section 148.5196 — Speech-language Pathologist And Audiologist Advisory Council.
Section 148.5197 — Hearing Aid Dispensing.
Section 148.5198 — Restriction On Sale Of Hearing Aids.
Section 148.52 — Board Of Optometry.
Section 148.53 — Powers Of Board.
Section 148.56 — Optometrists.
Section 148.574 — Prohibitions Relating To Legend Drugs.
Section 148.575 — Certificate Required For Use Of Legend Drugs.
Section 148.577 — Standard Of Care.
Section 148.59 — License Renewal; License And Registration Fees.
Section 148.595 — Temporary Military Permit; Fee.
Section 148.603 — Grounds For Disciplinary Action.
Section 148.604 — Reporting Obligations.
Section 148.606 — Optometrist Cooperation.
Section 148.607 — Disciplinary Actions.
Section 148.621 — Definitions.
Section 148.622 — Board Of Dietetics And Nutrition Practice.
Section 148.623 — Duties Of The Board.
Section 148.624 — Licensure; Renewal.
Section 148.625 — Application.
Section 148.626 — Continuing Education Required.
Section 148.628 — Reciprocity.
Section 148.629 — Denial, Suspension, Or Revocation.
Section 148.630 — License Required.
Section 148.632 — Exemptions; Voluntary Licensing.
Section 148.633 — Disposition Of Funds.
Section 148.634 — Prescription Protocol.
Section 148.6402 — Definitions.
Section 148.6403 — Licensure; Protected Titles And Restrictions On Use; Exempt Persons; Sanctions.
Section 148.6404 — Scope Of Practice.
Section 148.6405 — Licensure Application Requirements: Procedures And Qualifications.
Section 148.6408 — Qualifications For Occupational Therapist.
Section 148.6410 — Qualifications For Occupational Therapy Assistants.
Section 148.6412 — Licensure By Equivalency.
Section 148.6415 — Licensure By Reciprocity.
Section 148.6418 — Temporary Licensure.
Section 148.6420 — Application Requirements.
Section 148.6423 — Licensure Renewal.
Section 148.6425 — Renewal Of Licensure; After Expiration Date.
Section 148.6428 — Change Of Contact Information Or Employment.
Section 148.6430 — Delegation Of Duties; Assignment Of Tasks.
Section 148.6432 — Supervision Of Occupational Therapy Assistants.
Section 148.6435 — Coordination Of Services.
Section 148.6438 — Recipient Notification.
Section 148.6443 — Continuing Education Requirements.
Section 148.6449 — Board Of Occupational Therapy Practice.
Section 148.66 — State Board Of Physical Therapy, Duties.
Section 148.67 — State Board Of Physical Therapy; Membership Appointments, Vacancies, Removals.
Section 148.691 — Officers; Executive Director.
Section 148.70 — Applicants, Qualifications.
Section 148.705 — Application.
Section 148.706 — Physical Therapist Assistants, Aides, And Students.
Section 148.71 — Temporary Permits.
Section 148.721 — Educational Requirements For Licensed Physical Therapist.
Section 148.722 — Educational Requirements For Licensed Physical Therapist Assistant.
Section 148.723 — Examination For Licensed Physical Therapist.
Section 148.724 — Examination For Licensed Physical Therapist Assistant.
Section 148.725 — Requirements For Foreign-educated Applicants.
Section 148.735 — Cancellation Of License In Good Standing.
Section 148.736 — Cancellation Of Credentials Under Disciplinary Order.
Section 148.737 — Cancellation Of License For Nonrenewal.
Section 148.741 — Applicability Of Rules.
Section 148.75 — Disciplinary Action.
Section 148.754 — Examination; Access To Medical Data.
Section 148.755 — Temporary Suspension Of License.
Section 148.76 — Prohibited Conduct.
Section 148.78 — Prosecution, Allegations.
Section 148.7802 — Definitions.
Section 148.7803 — Prohibited Practice Or Use Of Titles; Penalty.
Section 148.7804 — Powers Of The Board.
Section 148.7805 — Athletic Trainers Advisory Council.
Section 148.7806 — Athletic Training.
Section 148.7807 — Limitations On Practice.
Section 148.7808 — Licensure; Requirements.
Section 148.7809 — License Renewal.
Section 148.7810 — Board Action On Applications.
Section 148.7811 — Change Of Address.
Section 148.7812 — Continuing Education Requirements.
Section 148.7813 — Disciplinary Process.
Section 148.7814 — Applicability.
Section 148.881 — Declaration Of Policy.
Section 148.90 — Board Of Psychology.
Section 148.905 — Duties Of The Board.
Section 148.9051 — Psychology Interjurisdictional Compact (psypact).
Section 148.907 — Licensed Psychologist.
Section 148.9075 — Exemptions To License Requirement.
Section 148.9077 — Relicensure.
Section 148.909 — Licensure For Volunteer Practice.
Section 148.9105 — Emeritus Registration.
Section 148.911 — Continuing Education.
Section 148.915 — Reciprocity.
Section 148.916 — Guest Licensure.
Section 148.925 — Supervision.
Section 148.941 — Disciplinary Action; Investigation; Penalty For Violation.
Section 148.96 — Presentation To Public.
Section 148.965 — Test Security.
Section 148.975 — Duty To Warn; Limitation On Liability; Violent Behavior Of Patient.
Section 148.98 — Rules Of Conduct.
Section 148.995 — Definitions.
Section 148.9965 — Designation Of Doula Certification Organizations By Commissioner.