Complaint Process and Filing
To assist you with your complaint, the Minnesota Board of Occupational Therapy Practice asks that you complete this form and submit it, with your written/type statement, via U.S. Mail to:
Minnesota Board of Occupational Therapy Practice
2829 University Ave SE, Suite #415
Minneapolis, MN 55414
Instructions: Please type or print and hand write clearly, using blue ink. Sign and mail in your complete forms.
Please provide a brief description of your complaint: Please describe the incident that prompted you to file a complaint. Include in your description the name(s) of the practitioner(s) and the facility/location of the incident(s). If possible please include the names and phone numbers of others who may have witnessed the incident(s) of have additional information regarding the practitioner and/or the incident/ please include copies of any supporting documents you may have. If you need more space, you may include additional pages. Please sign and date each statement of complaint page. Your rights are described under the Tennessen Warning included with this form. Based on the information that you provide an investigation will be conducted.
After an investigation is closed, the investigative data is classified as private data pursuant to Minnesota Statute 13.41
. Orders for hearing and specification of a final disciplinary action are public data pursuant to Minnesota Statute 13.41
Complaint Process Overview
The Board of Occupational Therapy Practice (OTP or Board) consists of 11 Board members appointed by the Governor; five Board members must be occupational therapists, three Board members must be occupational therapy assistants, and three members must be public members.
The Board regulates occupational therapists and occupational therapy assistants. The Board approves licenses or registrations for these individuals, and also decides when to impose disciplinary action.
The staff of the Board of Occupational Therapy Practice are employees of the State of Minnesota who handle the day to day operations of the Board. Approximately 3 people are employed to gather licensing and complaint information for the Board's review and to handle administrative functions.
PROTOCOL FOR COMPLAINT PROCESSING
A. Complaints and Reports:
Information regarding occupational therapists and occupational therapy assistants who may be in violation of the Minnesota Occupational Therapy Act (Minn. Stat. 148.6449), comes to the attention of the Board through written complaints/reports. Complaints/reports may be filed by anyone. Complaints and reports are not public information and may not be discussed with anyone except the respondent (subject of the investigation) and the complainant or reporter. The Board is mandated to investigate all jurisdictional complaints against individuals it regulates. In other words, if the complaint alleges a violation of the Occupational Therapy Act, the complaint will be investigated. An example of a non-jurisdictional complaint is one which alleges an excessive fee for services performed. The Board does not have the authority to determine how much an occupational therapist charges for services. Health care professionals and facilities are required by law to report conduct which may be grounds for disciplinary action under the Minnesota Occupational Therapy Act (Minn. Stat. 148.6449) describes the reporting obligations for licensed health professionals.
File Set up and Assignment:
- Set Up: When a jurisdictional complaint is received, a file is assigned to an analyst who will have responsibility for that file until no further action is required.
- Beginning the Investigation: For most complaints, the analyst will obtain a response from the respondent and all pertinent medical records. Complaints alleging sexual misconduct must, by law, be investigated by the Minnesota Attorney General's Office. The completed investigation will be returned to the Board for appropriate follow up. Allegations of active chemical dependency or mental/physical illness presenting an imminent danger to the public are investigated on an individual basis.
Complaint Resolution Committee Meetings:
A Complaint Resolution Committee (CRC) is comprised of three Board members who have agreed to serve on the Committee and are appointed for a one year term. At the end of the term, a committee member may be re-appointed and there is no limit to the number of terms a Board member may serve.
Each CRC is composed of two occupational therapist or occupational therapy assistant members and one public Board member.
Each CRC meets once per month (usually) to decide triage, discuss pending disciplinary offers and petitions, and to meet with respondents who have been asked to appear before the CRC.
Outcomes of Discussions and Appearances
a. Dismissal. The Committee may choose to dismiss the complaint and so inform the respondent. A dismissal requires the agreement of at least two Committee members.
b. Continue, pending further investigation or some other specified action.
c. Corrective Action. The Committee may recommend that the respondent enter into an Agreement for Corrective Action. This Agreement is a contract between the Committee and the respondent in which the respondent agrees to take certain remedial action, usually educational, to correct problems identified in the Complaint Resolution process.
Corrective action is not disciplinary action, but it is a public document. The Agreement is ratified by the Committee chair and does not require action by the full Board.
d. Disciplinary Action:
(1) The Committee may recommend that the respondent's license be conditioned or restricted.
(2) Should the Committee determine that the respondent's license be restricted or suspended, or if it feels a written reprimand is warranted, it will generally first offer to impose the disciplinary action by Stipulation and Order.
(3) The Committee may recommend that the respondent's license be immediately suspended. If the Board approves the summary suspension, based on a finding that the respondent has violated the Occupational Therapy Practice Act; and the respondent's continued practice creates a serious risk of harm to the public, the respondent is entitled to a hearing within 30 days of the issuance of the suspension order.
THE STIPULATION AND ORDER
1. The Stipulation is an agreement between the respondent and the Complaint Resolution Committee in which the respondent agrees that certain restrictions should be imposed on their occupational therapy license as a result of the Committee having identified areas in which the respondent violated the Occupational Therapy Practice Act.
2. The Order is issued by the full Board when it has reviewed and ratified the Stipulation between the CRC and the respondent. The Order implements the terms of the Stipulation. The Stipulation and Order are incorporated into one written instrument.
3. When the CRC finds the respondent is in violation of the Occupational Therapy Practice Act, it will ask the respondent to voluntarily enter into a Stipulation and Order to place restrictions on their occupational therapy license.
4. Should the respondent refuse to agree to stipulate to the restrictions offered by the CRC, or, if the full Board rejects the proposed Stipulation and Order, the matter may proceed to a contested case hearing initiated under the Administrative Procedures Act. The Administrative Hearing is held before an Administrative Law Judge (ALJ) and involves the presentation of testimony and submission of exhibits in a manner similar to a civil trial.
If the CRC is successful at the Contested Case Hearing, the ALJ will indicate that the Board's position is correct and make a recommendation which will be limited to discipline or no discipline. After reviewing the ALJ report, the Board may issue a Findings of Fact, Conclusions of Law and Order, which describes the disciplinary action taken against the respondent.
HEALTH PROFESSIONALS SERVICE PROGRAM
A. Description: In 1994, legislation for the Health Professionals Services Program (HPSP), Minn. Stat. 214.31-214.37, was approved. HPSP serves several boards, including the Board of Occupational Therapy Practice. HPSP is a non-disciplinary approach to monitoring physicians who are unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.
B. Ineligible Licensees: Participation in HPSP is not permitted for certain licensees, including those accused of sexual misconduct or those who have been terminated from HPSP for non-compliance.
C. Location: The address for HPSP is
1380 Energy Lane
Saint Paul, MN 55108