CAP Conduct and Disciplinary Action

Prohibited acts

The CAP law specifies a list of prohibited acts for all practitioners. Some of these are engaging in sexual contact with a client or contact that may be reasonably interpreted by the client as sexual, false or misleading advertising, inability to provide care with reasonable safety, habitual overindulgence in use of or dependence on intoxicating liquors, engaging in fraudulent billing practices, obtaining money from a client through use of undue influence, harassment or deception, and failure to comply with the bill of rights requirements.

See: Minnesota Statutes, Chapter 146A.08 Prohibited Conduct

Requirement to cooperate

Just like many other regulatory programs, there is a statutory requirement that every practitioner cooperate with investigations of their conduct by MDH. Failing to cooperate could itself be a reason for disciplinary sanctions, including suspension or revocation of the right to practice.

See: Minnesota Statutes, Chapter 146A.06 Professional Cooperation

Reporting obligation

Every complementary practitioner is required to self-report and failure to do so could lead to a disciplinary sanction. Licensed practitioners, state or local professional societies, state agencies, private agencies, hospitals, clinics, prepaid medical plans, other insurers, and courts are also required to report to MDH conduct they reasonably believe to be a violation of law.

See: Minnesota Statutes, Chapter 146A.03 Reporting Obligations

Disciplinary action MDH can take

The Commissioner of Health has the authority to revoke or suspend the right to practice complementary and alternative health care practice, impose limitations or conditions on the practice, require supervision, censure or reprimand the practitioner, impose a civil penalty not exceeding $10,000 for each violation, and any other action justified by the case. As part of the investigatory authority, MDH may also order a physical or mental or chemical dependency evaluation. Every practitioner choosing to provide complementary and alternative health care services, and therefore subject to the jurisdiction of MDH, is deemed to have consented to submit to these examinations when ordered to do so.

See: Minnesota Statutes, Chapter 146A.09 Disciplinary Actions

List of disciplinary actions

To see the current list of disciplinary actions taken against practitioners: Disciplinary Actions Taken by MDH