DEPARTMENT OF HEALTH

Transcription

1 Effective January 9, 2019 MN DEPARTMENT OF HEALTH Protecting, Maintaining and Improving the health of All Minnesotans December 20, 2018 Shawn Stanley Phelps 2817 Hennepin Avenue S. Minneapolis, MN SUBJECT: MDH File Number BAC18058 Dear Shawn Phelps: Based on the facts and law in this matter as described in the enclosed Determination, the Minnesota Department of Health (MDH) has determined that you violated multiple provisions of Minnesota Statutes, Chapter 14GB by conduct involving your supervision of temporary technicians at High Brow Studio. This decision will be final and effective 30 days from the date it is received by you. During that 30-day period, you have the right to challenge this decision in a contested case hearing, as provided under Minnesota Statutes, Chapter 14. Requests for a hearing should be made in writing and include specific grounds for challenging the Department's decision. If you wish to request a hearing, please send a written hearing request, within 30 days of your receipt of this letter, to: Catherine Dittberner Lloyd Manager, Health Occupations Program Minnesota Department of Health P.O. Box You may also deliver your request to 85 East 7th Pl., Ste. 220, Saint Paul, MN 55101; or fax it to Ms. Lloyd's attention at (651) If you have any questions about this matter, please contact Patricia Jo Forsberg at (651) Sincerely, susan Susan Winkelmann Assistant Director, Health Regulation Division Minnesota Department of Health P.O. Box Enclosure cc: Catherine Dittberner Lloyd, Manager, Health Occupations Program An equal opportunity employer. w

2 DEPARTMENT OF HEALTH HEALTH OCCUPATIONS PROGRAM HEALTH REGULATION DIVISION A Determination in the Matter of Shawn Stanley Phelps, Minnesota Body Art Technician Authority: 1. The Minnesota Department of Health (MOH) has authority to discipline body art technicians for violations of law under Minnesota Statute , subdivision Pursuant to Minn. Stat , subd. 4, the types of discipline MOH may impose includes: refuse to grant or renew licensure; suspend licensure for a period not exceeding one year; revoke licensure; impose for each violation a civil penalty not exceeding $10,000 that deprives the licensee of any economic advantage gained by the violation and that reimburses MOH for the costs of the investigation; or take any reasonable lesser action against an individual upon proof of violation. 3. Pursuant to Minn. Stat , subd. 7a(a), only a technician who has been licensed as a body artist for at least two years in Minnesota or in a jurisdiction with which Minnesota has reciprocity may supervise a temporary technician. 4. Pursuant to Minn. Stat , subd. 4(a)(4), in order to obtain full licensure, temporary body art technicians must complete 200 hours of supervised experience and must include an affidavit from the supervising licensed technician. 5. Minn. Stat subd. 28 defines "supervision" as "the physical presence of a technician licensed under this chapter while a body art procedure is being performed" and may be either "direct" or "indirect" supervision. Both require the "physical presence" of a licensed technician. 6. Minn. Stat , subd. 3(1) authorizes disciplinary action against a technician who intentionally submits false or misleading information to the commissioner. 7. Minn. Stat , subd. 3(3) authorizes disciplinary action against a technician for violating any provision of this chapter. 8. Minn. Stat , subd. 3(5) authorizes disciplinary action against a technician for aiding or abetting another person in violating any provision of this chapter. 9. Minn. Stat , subd. 3(9) authorizes disciplinary action against a technician for engaging in conduct likely to deceive, defraud, or harm the public. 10. Minn. Stat , subd. 3(10) authorizes disciplinary action against a technician for demonstrating a willful or careless disregard for the health, welfare, or safety of a client.

3 Findings of Fact: 1. Shawn Stanley Phelps ("Phelps") initially obtained his full body art technician license on March 8, Phelps renews his license biennially. His current license expires March 31, Phelps is the owner of two Minneapolis tattoo establishments licensed by the City of Minneapolis: High Brow Studio, 701 N. 3 rd Street, Suite 207 and Brass Knuckle Tattoo Studio, 2817 Hennepin Avenue South. 3. MOH received complaints regarding Phelps and a second Minnesota body art technician, "Technician," as well as two other licensed body art technicians employed at Brass Knuckle Tattoo, regarding their work at High Brow Studio. obtained her temporary technician license on December 19, 2016, and her 4. Technician full body art technician license on January 31, 2017, under the supervision of Phelps. She obtained her full license less than two months after receiving her temporary license. Once Technician completed her supervision, Phelps opened High Brow Studio. Phelps is the sole owner of High Brow Studio, while Technician runs the operations at the establishment. 5. A Notice of Investigation was sent to Phelps on May 8, Phelps called MOH after receiving the letter, seeking clarification regarding the notice. Phelps' response was received on May 17, Additional information was requested on June 22, 2018, and MOH received his response on July 12, Phelps admits to supervising five temporary technicians since June 1, Phelps was listed as a supervisor for two technicians associated with High Brow Studio. Applications for the individuals, Temp and Temp, identified Brass Knuckle Tattoo Studio as the establishment where they were being supervised. 8. Both temporary licenses stated, "Your supervised experience must be completed under the licensed technician Shawn Phelps # and you must work at Brass Knuckle Tattoo Studio. 's full license for body art technician application, 9. In a document submitted with Temp Phelps states, "During her apprenticeship here at Brass Knuckle Tattoo Studio I have witnessed and participated in her completion of 200hrs [sic] of actual tattoo time." Phelps admitted in a phone call in May of 2018 to an MOH investigator, that he did not provide in person supervision hours for Temp. 10. Phelps provided MOH with his calendar from January 1, 2018, through March 15, There are no appointments during that period of time reflecting his work as a supervisor of any temporary technician. Phelps provided 14 "Waiver, Release and Consent to Microblade/Tattoo" forms from Temp of the 53 procedures she reported to MOH on her log for full licensure. The document states, "In consideration of receiving 2

4 microblading/tattoo from (artist) AALN#) and Highbrow (sic] Studio, LLC..." The consent form does not reference Brass Knuckle Tattoo Studio, where Phelps attested the supervision occurred. 11. Temp was listed in correspondence between Technician and other temporary technicians at High Brow Studio. She is also listed on the High Brow Studio calendar by her name. Technician wrote in an to Temp AS and four others that she was not going to be at High Brow Studios on September 23. Temp has two microblading appointments documented on the log she submitted to MOH for that day. Additionally, Phelps was unable to produce the "Waiver, Release and Consent to Microblade/Tattoo" for those procedures. 12. According to the witnesses working at High Brow Studio, Phelps was not present in that location in a supervisory capacity. 13. Phelps states Temp only tattooed at High Brow Studio, even though her license clearly states, "Brass Knuckle Tattoo." Phelps explains this as a clerical error. This explanation contradicts Phelps' claim that the application was a clerical error because he submitted a document to MOH explaining that he was going to supervise Temp exclusively at Brass Knuckle Tattoo. This document is included in Temp SL's temporary license application. exchanged s regarding their 14. On February 21, 2018, Phelps and Temp supervisor/temporary technician status. Temp states, "... I started shadowing and practicing with (Technician at Highbrow [sic] Studio in November and in January I started my first model I Because My [sic] license says you are my supervisor and location as your tattoo shop brass knuckles (sic] tattoo, I have asked (Technician multiple times how my hours get signed off. Because she is not the one that's on my license, and you are not at the studio while I am, I am wonder who or how my hours get accounted for..." The two exchange correspondence with Phelps saying, "Actually, getting home and giving more thought to the situation. I'd actually prefer we talk on the phone. If not tonight, feel free to call me when you can. Like I said, I'm up early. I'm just a little hesitant on writing this out when I'd prefer this kept between us. Once we talk you'll understand." As of February 22, 2018, Phelps was still aware that he was listed as Temp SL's supervisor. Conclusion: Phelps violated multiple provisions of Minn. Stat. 146B when he held out himself as a supervisor to multiple temporary technicians without the intention of actually supervising the individuals. He admitted to not providing proper supervision of temporary body art technicians. This supervision arrangement was explicitly established in the temporary technicians' applications. Phelps intentionally submitted false or misleading information to MOH when he submitted affidavits attesting to the hours Temp AS completed, stating they were all completed at Brass Knuckle Tattoo. Further, Phelps' participation in allowing Technician to "supervise" temporary technicians, when she was not an eligible supervisor, aided in Technician AH's violations of this chapter. 3

5 Determination: MOH is imposing the following conditions to Phelps' body art technician license: 1. Phelps shall pay $700 for the cost of the investigation. 2. Phelps' body art technician license is conditioned in the following manner for a period of three years from the effective date of this Determination. a. Phelps is prohibited from or acting as a supervisor to temporary technicians for a period of one year. b. After the one year has passed, Phelps is limited to no more than two total temporary technicians under his direct supervision at any of his shops. c. The year commences on the effective date of this determination. All current supervision of temporary technicians must be transferred to a body art technician qualified to supervise. 3. Within twelve months of the effective date of this Determination, Phelps shall successfully complete the following course available online through the University of Minnesota. lfthis course is not available, an alternative course with similar content may be substituted if preapproved by the Department. a. SMIC X104-Sustainable Management: Leadership Ethics ( b. Phelps is responsible for all costs associated with taking the course. c. Phelps must provide MOH with a certificate demonstrating successful completion of the course within twelve months of the effective date of this Determination. 4. Upon completion of the conditions in paragraphs one, two and three of this Determination, Phelps may petition MOH in writing for an unconditional license. Phelps must send the request to: Health Occupations Program, Investigation and Enforcement Unit PO Box