BEFORE THE MINNESOTA BOARD OF PHYSICAL THERAPY STIPULATION AND ORDER
Thomas E. Holets, P.T. Date of Birth: 11/12/46 License Number: 1150
IT IS HEREBY STIPULATED AND AGREED, by and between Thomas E. Holets, P.T.
("Respondent"), and the Complaint Review Committee (“Committee”) of the Minnesota Board
of Physical Therapy ("Board") as follows:
During all times herein, Respondent has been and now is subject to the
jurisdiction of the Board from which he holds a license to practice physical therapy in the State
Respondent has been advised by Board representatives that he may choose to be
represented by legal counsel in this matter. Although aware of his right to representation by
counsel, Respondent has knowingly and expressly waived that right. The Committee was
represented by Susan E. Damon, Assistant Attorney General, 1400 NCL Tower, 445 Minnesota
For the purpose of this Stipulation, the Board may consider the following facts as
Respondent was licensed to practice physical therapy on June 18, 1973.
In July 2000, Respondent self-reported to Health Professional Services
On July 6, 2002, Respondent was admitted to the hospital for injuries
sustained in an alcohol-related motor vehicle accident. Respondent’s injuries included a
pneumothorax, a fractured C2 vertebra, a closed fracture of multiple ribs, traumatic subcutaneous
emphysema, open wounds to the upper arms and ear, and a contusion of the lung. Respondent
also experienced alcohol withdrawal. Respondent’s alcohol level was .263. Approximately
three days after his hospital admission, Respondent developed acute delirium with agitation,
which was thought to represent delirium tremors.
On August 15, 2002, HPSP discharged Respondent for noncompliance
based on his failure to respond to HPSP’s communications.
On September 4, 2002, Respondent reported to Board staff that he was
currently not working, not driving and was homebound due to injuries sustained in the July 6,
22, 2002, Respondent entered into a Participation
Agreement and Monitoring Plan with HPSP, which included the following requirements:
(1) Obtain a chemical dependency assessment and a
Abstain from the use of alcohol or any mood-altering chemicals
unless lawfully prescribed or managed by a treating physician or dentist who has been informed
of Respondent’s diagnosis and history.
Meet with a therapist/counselor and with a psychiatrist.
On December 18, 2002, Respondent relapsed with alcohol and required
hospitalization, as the alcohol reacted with Respondent’s medications.
On January 30, 2003, Respondent underwent a neuropsychological
evaluation. The evaluator concluded that Respondent suffered from alcoholism, significant
depression, chronic pain and major psychosocial stress. Recommendations included psychiatric
care for chemical dependency, affective disorders and sleep problems. The evaluator’s report
noted that Respondent had been treated with Prozac, but had stopped taking it.
On June 19, 2003, Respondent’s urine screen was positive for ethanol at
.196 gm/dl. Respondent reported to HPSP that he had gone out drinking the evening of June 18,
In a June 30, 2003 conversation with his HPSP case manager, Respondent
denied other episodes of reuse. Respondent also informed the case manager that he had stopped
taking antidepressant medications because of their side effects and cost. Respondent agreed to
remain out of practice indefinitely pursuant to HPSP’s recommendations.
On August 20, 2003, Respondent’s urine screen tested positive for
On September 15, 2003, Respondent met with the Complaint Review
Committee, and the Committee recommended that Respondent:
Provide signed releases to HPSP to exchange information with
Arrange to have past due quarterly reports sent to HPSP;
Assessment at a Committee approved facility and sign releases to allow the exchange of
Continue with the HPSP Participation Agreement and Monitoring
Plan, including the voluntary no practice agreement, total abstinence, and monitoring.
On September 22, 2003, Respondent had another positive urine screen for
On September 29, 2003, HPSP discharged Respondent based on his
inability to remain sober in violation of his Participation Agreement and Monitoring Plan.
On January 21, 2003, the Board notified Respondent that it was
conducting an audit of his continuing education (“CE”) for the period January 1, 2001 through
December 31, 2002 and requested that Respondent submit documentation substantiating his CE
report no later than February 21, 2003. Respondent failed to submit the requested documentation
by that date. Additional notices reminding Respondent to comply with the audit were sent on
March 14, 2003 and July 7, 2003. To date, Respondent has not submitted the requested
The Committee views Respondent's practices as inappropriate in such a way as to
require Board action under Minn. Stat. § 148.75(a)(1) and (5) (2002). Respondent agrees that
the conduct cited above constitutes a reasonable basis in law and fact to justify disciplinary
Upon this Stipulation and all of the files, records, and proceedings herein, and
without any further notice or hearing herein, Respondent does hereby consent that until further
order of the Board, made after notice and hearing upon application by Respondent or upon the
Board's own motion, the Board may make and enter an order SUSPENDING Respondent's
license to practice physical therapy in the State of Minnesota. Such suspension shall be
STAYED conditioned on Respondent’s compliance with the following terms:
Respondent shall abstain completely from alcohol and all mood-altering
chemicals unless they are prescribed by a physician or dentist who has first been informed of
Respondent’s chemical dependency history.
Respondent shall obtain a treating physician, approved in advance by the
Committee or its designee, to monitor and/or manage all medical and other care provided to
Respondent by all health care professionals. Respondent shall meet with the treating physician
at least annually or as mutually agreed upon by the Board or its designee and the physician.
Respondent shall follow the treating physician’s treatment and practice recommendations.
Respondent shall provide all necessary records releases to enable Respondent’s health care
professionals to communicate with the treating physician pursuant to this paragraph. The
treating physician will be the only prescriber of medications other than psychotropic medications
and shall authorize use of all medications other than psychotropic medications, including over-
the-counter medications except aspirin, acetaminophen, anti-inflammatory agents, antacids, and
topical products. Psychotropic medications, if prescribed, must be prescribed by Respondent’s
treating psychiatrist, who has been approved by the Committee or its designee under paragraph
Respondent shall obtain a treating psychiatrist, approved in advance by the
Committee or its designee. Respondent shall meet with the treating psychiatrist at least quarterly
or as mutually agreed upon by the Board or its designee and the psychiatrist. Respondent shall
follow the psychiatrist’s treatment and practice recommendations. The treating psychiatrist shall
provide quarterly reports to the Board or its designee. The psychiatrist is to act as the only
Respondent shall obtain a therapist/counselor, approved in advance by the
Committee or its designee. Respondent shall meet with the therapist/counselor at least once a
month, or as mutually agreed upon by the Board or its designee and the therapist. The
therapist/counselor shall coordinate patient care with the treating psychiatrist. Respondent shall
follow the therapist/counselor’s treatment and practice recommendations. The
therapist/counselor shall provide quarterly reports to the Board or its designee.
Respondent shall be subject, without notice, to unannounced blood and
urine tests at the request of Board staff or other Board designee at least six times per quarter.
Blood and urine screens may be requested at any time. Respondent shall provide the requested
sample within the time period directed by the Board or its designee. The blood and urine screens
consistent with protocols established by a
Handled through legal chain of custody methods; and
The biological fluid collection and testing shall take place at a Board-designated laboratory as
directed by the Board or its designee. Testing shall screen for opiates, cocaine, barbiturates,
amphetamines, benzodiazepines, marijuana, and other drugs of abuse, including alcohol. The
laboratory will provide test results directly to the Board or its designee and Respondent’s treating
physician. Respondent shall abstain from all food products known to interfere with toxicology
screens, including the ingestion of poppy seeds, which may cause a positive screen result for
opiates. The ingestion of foods containing poppy seeds or other substances known to interfere
with toxicology screens will not be accepted by the Board or the Board’s designee as reasons for
positive screen results. The ingestion of any over-the-counter medications and/or product
containing alcohol, unless lawfully prescribed or managed by a treating physician or dentist who
has been informed of Respondent’s diagnosis and history, will not be accepted as a reason for a
Respondent shall attend meetings of a self-help program such as AA in
support of abstinence at least two times per week. Quarterly reports shall be submitted to the
Board or its designee from Respondent’s designated sponsor(s) regarding attendance and
Within ten days of the date of this Order, Respondent shall re-enroll in
HPSP. Respondent shall sign a Participation Agreement within the time period specified by
Respondent shall fully comply with his HPSP Participation Agreement
and Monitoring Plan and any modifications thereto, as determined by HPSP. The terms and
conditions of the Participation Agreement and Monitoring Plan shall include the terms set forth
in paragraphs 5.a through 5.f above, and any other terms deemed appropriate by HPSP, which
may include a no practice agreement for specified period of time.
Respondent shall not practice physical therapy until he is authorized to do
so in accordance with his HPSP Participation Agreement and Monitoring Plan and until the
Evaluation) or FCA (Functional Capacities Assessment) at a facility approved in advance by the
Committee, and the Committee determines, based on the FCE or FCA, that Respondent is
physically able to return to practice. If the FCE or FCA indicates that Respondent is physically
able to practice but only with conditions or limitations, Respondent’s HPSP Participation
Agreement and Monitoring Plan shall be modified to incorporate such conditions or limitations.
Respondent is responsible for all of the costs associated with the FCE or FCA.
Respondent shall submit documentation substantiating his CE
compliance for the period January 1, 2001 through December 31, 2002. If the Respondent has
not completed the CE for the period January 1, 2001 through December 31, 2002 then he shall
complete 20 contact hours of CE as required under Minn. R. 5601.2200 to 5601.2600, and shall
submit the required documentation within 60 days of the date of this Order. These 20 hours shall
constitute the required CE only for the January 1, 2001 through December 31, 2002 period.
Upon request by the Board or its designee, including HPSP, Respondent
shall provide signed releases authorizing the Board or its designee to obtain Respondent’s
medical, mental health or chemical abuse/dependency records from any treating professional or
facility, including the facility that performs the FCE or FCA referenced in paragraph 5.i, and
No sooner than two years from the date of this Order, Respondent may petition
the Committee, in writing, for reduced monitoring based on documented evidence of his
uninterrupted sobriety during the period starting from the date of this Order. Upon consideration
of Respondent’s petition, the Committee, after consultation with Respondent’s treating health
care providers, may reduce the frequency of required meetings, reports and/or biological fluid
screens required by the terms and conditions of this Order.
This Stipulation and Order shall remain in effect for a minimum of three years or
until Respondent successfully completes his HPSP Participation Agreement and Monitoring
Plan, whichever is later. At the end of this period, Respondent may petition for reinstatement of
an unconditional license, upon proof, satisfactory to the Board of at least three years of
documented, uninterrupted sobriety and compliance with the terms of this Order. Upon hearing
the petition, the Board may continue, modify, or remove the conditions set out herein.
Within ten days of the date of this Order, Respondent shall provide the Board
with a list of all hospitals, clinics and skilled nursing facilities at which Respondent currently has
employment privileges, a list of all states in which Respondent is licensed or has applied for
licensure, and the addresses and telephone numbers of Respondent’s residences and all work
sites. Within seven days of any change, Respondent shall provide the Board with the new
address and telephone information. The information shall be sent to Stephanie Lunning,
Minnesota Board of Physical Therapy, University Park Plaza, 2829 University Avenue S.E.,
Suite 315, Minneapolis, Minnesota 55414-3222.
In the event Respondent resides or practices outside the State of Minnesota,
Respondent shall promptly notify the Board in writing of the location of his residence and all
work sites. Periods of residency or practice outside of Minnesota will not be credited toward any
period of Respondent’s conditional license in Minnesota unless Respondent demonstrates that
practice in another state conforms completely with Respondent’s Minnesota license to practice
If the Committee determines that Respondent has failed, neglected, or refused to
fully comply with any term, provision, or condition herein, the Committee shall be authorized to
suspend Respondent’s license to practice physical therapy in Minnesota without a hearing. The
suspension shall become effective upon personal service on Respondent of a written Order of
Immediate Suspension or three days after the Order is mailed to Respondent at his last known
address. The suspension shall remain in full force and effect until the Board issues a final order
after a hearing in accordance with paragraphs 10.a, c, and d below; or until the suspension
becomes an order of the Board based on Respondent’s failure to request a hearing within 30 days
in accordance with paragraph 10.d or until the matter is resolved by agreement of the parties.
The Order for Immediate Suspension is deemed public under the Minnesota Government Data
The Committee’s Order of Immediate Suspension shall state the evidence
of noncompliance on which the suspension is based. Respondent may request a hearing before
the Board on the suspension within 30 days of the date of the Order of Immediate Suspension.
Any request for a hearing shall be in writing and shall be submitted to Stephanie Lunning, Board
of Physical Therapy, University Park Plaza, 2829
Minneapolis, Minnesota 55414-3222. The hearing shall take place at the Board’s next regularly
scheduled meeting following the Committee’s receipt of the hearing request, provided that the
Committee receives the hearing request at least 10 days before the Board’s next regularly
scheduled meeting. If the hearing request is received fewer than 10 days before the Board
meeting then the hearing shall take place at the Board’s first meeting following that Board
meeting. Respondent shall submit a written response to the evidence of noncompliance at least
three days before the hearing. If Respondent fails to submit a timely response, the evidence of
After service of an Order of Immediate Suspension and before the hearing
or before expiration of the time to request a hearing, Respondent may submit to the Committee
for its consideration any affidavits or authenticated documents that refute the evidence of
noncompliance stated in the Order of Immediate Suspension. Following Respondent’s
submission of such affidavits or authenticated documents, the Committee may, in its discretion,
schedule a conference with Respondent to discuss the evidence of noncompliance, the affidavits
or authenticated documents and/or to attempt to resolve the matter.
At the hearing before the Board, the Committee and Respondent may
submit affidavits made on personal knowledge and argument based on the record in support of
their positions. The evidentiary record before the Board shall be limited to such affidavits and
this Stipulation and Order. Respondent waives a hearing before an administrative law judge and
waives discovery, cross-examination of adverse witnesses, and other procedures governing
administrative hearings or civil trials.
At the hearing, the Board will determine whether to uphold, modify, or
terminate the suspension or to impose additional disciplinary action, including additional
conditions or limitations on Respondent’s practice, or revocation of Respondent’s license. The
Board’s decision shall be final and not subject to appeal or additional procedures under Minn.
If Respondent fails to submit a written request for a hearing within 30
days of the date of the Order of Immediate Suspension, Respondent’s right to a hearing shall be
deemed waived, and the evidence of noncompliance shall be deemed admitted. At its next
scheduled meeting, the Board shall review the Order of Immediate Suspension and uphold or
modify it by order. The Board’s order and the facts and conclusions of law on which it is based
shall be set forth in writing and deemed public under the Minnesota Government Data Practices
Act, final and not subject to appeal or additional procedures under Minn. Stat. chs. 14 and 214.
If the Board upholds the suspension of Respondent’s license either after a hearing
or because of Respondent’s failure to submit a written request for a hearing, Respondent may
petition the Board to reinstate the stay of suspension no sooner than one year from the date of the
Board’s order upon submission of satisfactory evidence of at least one year of documented
uninterrupted sobriety. Satisfactory evidence shall include, but not be limited to, random urine
and/or blood screens, satisfactory completion of chemical dependency treatment programs, and
written documentation of regular attendance and participation at meetings of a self-help group in
support of recovery, and a report from Respondent’s treating physician that Respondent is fit and
competent to resume the practice of physical therapy with reasonable skill and safety to patients.
In the event the Board in its discretion does not approve this settlement, this
stipulation is withdrawn and shall be of no evidentiary value and shall not be relied upon nor
introduced in any disciplinary action by either party hereto except that Respondent agrees that
should the Board reject this stipulation and if this case proceeds to hearing, Respondent will
assert no claim that the Board was prejudiced by its review and discussion of this stipulation or
Respondent waives any further hearings on this matter before the Board to which
Respondent may be entitled by Minnesota or United States constitutions, statutes, or rules and
agrees that the order to be entered pursuant to the stipulation shall be the final order herein.
Respondent hereby acknowledges that he has read and understands this stipulation
and has voluntarily entered into the stipulation without threat or promise by the Board or any of
its members, employees, or agents. This stipulation contains the entire agreement between the
parties, there being no other agreement of any kind, verbal or otherwise, which varies the terms
_____________________________________ _____________________________________ Thomas Holets, P.T.
Upon consideration of this stipulation and all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the terms of this stipulation are adopted and
implemented by the Board this _15th___ day of __January_______, 2004.
MINNESOTA BOARD OF PHYSICAL THERAPY SIGNATURE ON FILE ________________________________________ STEPHANIE LUNNING, P.T. Executive Director
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