The House Bill Number is 1724,
The Senate Bill Number is 1520.
The Bills with all Engrossments are available at http://www.leg.state.mn.us/leg/legis.asp
Below is the text of the current House Bill
H.F. No. 1724, 1st Engrossment - 85th Legislative Session (2007-2008) Posted on Mar 18, 2008
1.1A bill for an act
1.2relating to occupations and professions; providing for registration of naturopathic1.3doctors;amending Minnesota Statutes 2006, sections 116J.70, subdivision 2a;
1.4145.61, subdivision 2; 146.23, subdivision 7; 148B.60, subdivision 3; 214.23,
1.5subdivision 1; 604A.01, subdivision 2; 604A.015; proposing coding for new law
1.6as Minnesota Statutes, chapter 147E.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8ARTICLE 1
1.9GENERAL
1.10 Section 1. [147E.01] DEFINITIONS.
1.11 Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.12 Subd. 2. Advisory council. "Advisory council" means the Registered Naturopathic
1.13Doctor Advisory Council established under section 147E.35.
1.14 Subd. 3. Approved naturopathic medical program. "Approved naturopathic
1.15medical program" means a naturopathic medical education program in the United States
1.16or Canada and meets the requirements for accreditation by the Council on Naturopathic
1.17Medical Education (CNME) or an equivalent federally recognized accrediting body for
1.18the naturopathic medical profession recognized by the board. This program must offer
1.19graduate-level full-time didactic and supervised clinical training leading to the degree
1.20of Doctor of Naturopathy or Doctor of Naturopathic Medicine. The program must be
1.21an institution, or part of an institution, of higher education that at the time the student
1.22completes the program is:
1.23 (1) either accredited or is a candidate for accreditation by a regional institution
1.24accrediting agency recognized by the United States Secretary of Education; or
2.1 (2) a degree granting college or university that prior to the existence of CNME
2.2offered a full-time structured curriculum in basic sciences and supervised patient care
2.3comprising a doctoral naturopathic medical education that is at least 132 weeks in
2.4duration, must be completed in at least 35 months, and is reputable and in good standing
2.5in the judgment of the board.
2.6 Subd. 4. Board. "Board" means the Board of Medical Practice or its designee.
2.7 Subd. 5. Contact hour. "Contact hour" means an instructional session of 50
2.8consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
2.9social activities.
2.10 Subd. 6. Homeopathic preparations. "Homeopathic preparations" means
2.11medicines prepared according to the Homeopathic Pharmacopoeia of the United States.
2.12 Subd. 7. Registered naturopathic doctor. "Registered naturopathic doctor" means
2.13a person authorized and registered to practice naturopathic medicine under this chapter.
2.14 Subd. 8. Minor office procedures. "Minor office procedures" means the use of
2.15operative, electrical, or other methods for the repair and care incidental to superficial
2.16lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in
2.17the superficial tissues and the use of antiseptics and local topical anesthetics in connection
2.18with such methods, except that it shall not include general or spinal anesthetics, major
2.19surgery, surgery of the body cavities, or specialized surgeries such as plastic surgery,
2.20surgery involving the eye, or surgery when tendons are involved.
2.21 Subd. 9. Naturopathic licensing examination. "Naturopathic licensing
2.22examination" means the Naturopathic Physicians Licensing Examination or its successor
2.23administered by the North American Board of Naturopathic Examiners or its successor as
2.24recognized by the board.
2.25 Subd. 10. Naturopathic medicine. "Naturopathic medicine" means a system of
2.26primary health care practiced by registered naturopathic doctors for the prevention,
2.27assessment, and treatment of human health conditions, injuries, and diseases that uses:
2.28 (1) services and treatments as described in section 147E.05; and
2.29 (2) natural health procedures and treatments that do not require licensure as defined
2.30in chapter 146A.
2.31 Subd. 11. Naturopathic physical medicine. "Naturopathic physical medicine"
2.32includes, but is not limited to, the therapeutic use of the physical agents of air, water, heat,
2.33cold, sound, light, and electromagnetic nonionizing radiation and the physical modalities
2.34of electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage, stretching,
2.35colon hydrotherapy, frequency specific microcurrent, electrical muscle stimulation,
2.36transcutaneous electrical nerve stimulation, and therapeutic exercise.
3.1 Sec. 2. [147E.05] SCOPE OF PRACTICE.
3.2 Subdivision 1. Practice parameters. (a) The practice of naturopathic medicine by a
3.3registered naturopathic doctor includes, but is not limited to, the following services:
3.4 (1) ordering, administering, prescribing, or dispensing for preventive and therapeutic
3.5purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids,
3.6enzymes, botanicals and their extracts, botanical medicines, herbal remedies, homeopathic
3.7medicines, all dietary supplements and nonprescription drugs as defined by the federal
3.8Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling,
3.9hypnotherapy, biofeedback, dietary therapy, electrotherapy, galvanic therapy, naturopathic
3.10physical medicine, oxygen, therapeutic devices, barrier devices for contraception, and
3.11minor office procedures, including obtaining specimens to assess and treat disease;
3.12 (2) performing or ordering physical and orificial examinations, clinical laboratory
3.13tests and examinations, and physiological function tests;
3.14 (3) referring a patient for diagnostic imaging studies including x-ray, CT scan, MRI,
3.15ultrasound, mammogram, bone densitometry, and referring the studies to an appropriately
3.16licensed health care professional to conduct the study and interpret the results;
3.17 (4) prescribing nonprescription medications and therapeutic devices or ordering
3.18noninvasive diagnostic procedures commonly used by physicians in general practice;
3.19 (5) utilizing routes of administration that include oral, nasal, auricular, ocular,
3.20rectal, and vaginal; and
3.21 (6) prescribing or performing naturopathic physical medicine.
3.22 (b) A registered naturopathic doctor may admit patients to a hospital if the
3.23naturopathic doctor meets the hospital's governing body requirements regarding
3.24credentialing and privileging process.
3.25 Subd. 2. Prohibitions on practice. (a) The practice of naturopathic medicine
3.26does not include:
3.27 (1) administering therapeutic ionizing radiation or radioactive substances;
3.28 (2) administering general or spinal anesthesia;
3.29 (3) prescribing, dispensing, or administering all legend drugs including
3.30chemotherapeutic substances;
3.31 (4) performing major surgery, plastic surgery, or specialized surgeries; or
3.32 (5) performing or inducing abortions.
3.33 (b) A naturopathic doctor registered under this chapter shall not perform surgical
3.34procedures using a laser device or perform surgical procedures involving the eye, ear,
3.35tendons, nerves, veins, or arteries extending beyond superficial tissue. A naturopathic
3.36doctor shall not practice or claim to practice as a medical doctor, osteopath, dentist,
4.1podiatrist, optometrist, psychologist, advanced practice professional nurse, physician
4.2assistant, chiropractor, physical therapist, acupuncturist, or any other health care
4.3professional, unless the naturopathic physician also holds a license or registration for
4.4another health care practice profession.
4.5 Sec. 3. [147E.06] PROFESSIONAL CONDUCT.
4.6 Subdivision 1. Informed consent. The registered naturopathic doctor shall obtain
4.7informed consent from the patient prior to initiating treatment and after advising the
4.8patient of the naturopathic doctor's qualifications including education, registration
4.9information, and outline of the scope of practice of registered naturopathic doctors in
4.10Minnesota. This information must be supplied to the patient in writing before or at the
4.11time of the initial visit. The registrant shall present treatment facts and options accurately
4.12to the patient or to the individual responsible for the patient's care and make treatment
4.13recommendations according to standards of good naturopathic medical practice.
4.14 Subd. 2. Patient records. (a) A registered naturopathic doctor shall maintain a
4.15record for seven years for each patient treated, including:
4.16 (1) a copy of the informed consent;
4.17 (2) evidence of a patient interview concerning the patient's medical history and
4.18current physical condition;
4.19 (3) evidence of an examination and assessment;
4.20 (4) record of the treatment; and
4.21 (5) evidence of evaluation and instructions given to the patient, including
4.22acknowledgment by the patient in writing that, if deemed necessary by the registered
4.23naturopathic doctor, the patient has been advised to consult with another health care
4.24provider.
4.25 (b) A registered naturopathic doctor shall maintain the records of minor patients for
4.26seven years or until the minor's 19th birthday, whichever is longer.
4.27 Subd. 3. Data practices. Data maintained on a naturopathic patient by a registered
4.28naturopathic doctor is subject to section 144.335.
4.29 Subd. 4. State and municipal public health regulations. A registered naturopathic
4.30doctor shall comply with all applicable state and municipal requirements regarding
4.31public health.
4.32 Sec. 4. [147E.10] REGISTRATION.
4.33 Subdivision 1. Registration required. After July 1, 2008, persons who practice
4.34naturopathic medicine, or represent themselves as practicing naturopathic medicine by
5.1use of a term in subdivision 2, shall conspicuously display the registration in the place of
5.2practice.
5.3 Subd. 2. Designation. No individual may use the title "registered naturopathic
5.4doctor," "naturopathic doctor," "doctor of naturopathic medicine," or use, in connection
5.5with the individual's name, the letters "N.D.," "R.N.D.," or "N.M.D.," or any other titles,
5.6words, letters, abbreviations, or insignia indicating or implying that the individual is
5.7eligible for registration by the state as a registered naturopath or a registered naturopathic
5.8doctor unless the individual has been registered as a registered naturopathic doctor
5.9according to this chapter.
5.10 Subd. 3. Other health care practitioners. Nothing in this chapter may be construed
5.11to prohibit or to restrict:
5.12 (1) the practice of a profession by individuals who are licensed, certified, or
5.13registered under other laws of this state and are performing services within their authorized
5.14scope of practice or unlicensed complementary and alternative health care under chapter
5.15146A;
5.16 (2) the practice of naturopathic medicine by an individual licensed, registered, or
5.17certified in another state and employed by the government of the United States while the
5.18individual is engaged in the performance of duties prescribed by the laws and regulations
5.19of the United States;
5.20 (3) the practice by a naturopathic doctor duly licensed, registered, or certified in
5.21another state, territory, or the District of Columbia when incidentally called into this state
5.22for consultation with a Minnesota licensed physician or Minnesota registered naturopathic
5.23doctor;
5.24 (4) the practice of naturopathic medicine by students enrolled in an approved
5.25naturopathic medical college if the performance of services is according to a course of
5.26instruction or assignments from, and under the supervision of an instructor who is a
5.27licensed physician, osteopath, chiropractor, or registered naturopathic doctor;
5.28 (5) an individual rendering aid in an emergency, when no fee or other consideration
5.29for the service is charged, received, expected, or contemplated;
5.30 (6) an individual administering a remedy to a family member;
5.31 (7) a person engaged in the sale of vitamins, health foods, dietary supplements, and
5.32other products of nature, the sale of which is not otherwise prohibited under state or
5.33federal law except that this clause does not:
5.34 (i) allow that person to diagnose any human disease, ailment, injury, infirmity,
5.35deformity, or other condition; or
6.1 (ii) prohibit providing truthful and nonmisleading information regarding anything
6.2in this chapter;
6.3 (8) a person engaged in good faith in the practice of religious tenets of any religious
6.4belief, without the use of prescription drugs;
6.5 (9) a person acting in good faith for religious reasons as a matter of conscience or as
6.6a personal belief when obtaining or providing information regarding health care and the
6.7use of any product under clause (7); and
6.8 (10) persons not registered by this chapter from the use of individual modalities
6.9which comprise the practice of naturopathic medicine, such as the use of nutritional
6.10supplements, herbs, foods, homeopathic preparations, and physical forces such as heat,
6.11cold, water, touch, and light.
6.12 Subd. 4. Penalty. A person violating subdivision 2 is guilty of a gross misdemeanor.
6.13 Sec. 5. [147E.15] REGISTRATION REQUIREMENTS.
6.14 Subdivision 1. General requirements for registration. To be eligible for
6.15registration, an applicant must:
6.16 (1) submit a completed application on forms provided by the board along with all
6.17fees required under section 147E.40 that includes:
6.18 (i) the applicant's name, Social Security number, home address and telephone
6.19number, and business address and telephone number;
6.20 (ii) the name and location of the naturopathic medical program the applicant
6.21completed;
6.22 (iii) a list of degrees received from other educational institutions;
6.23 (iv) a description of the applicant's professional training beyond the first degree
6.24received;
6.25 (v) a list of registrations, certifications, and licenses held in other jurisdictions;
6.26 (vi) a description of any other jurisdiction's refusal to credential the applicant;
6.27 (vii) a description of all professional disciplinary actions initiated against the
6.28applicant in any jurisdiction; and
6.29 (viii) any history of drug or alcohol abuse, and any misdemeanor or felony
6.30conviction;
6.31 (2) submit a copy of a diploma from an approved naturopathic medical education
6.32program;
6.33 (3) have successfully passed the Naturopathic Physicians Licensing Examination,
6.34a competency-based national naturopathic licensing examination administered by the
6.35North American Board of Naturopathic Examiners or successor agency as recognized
7.1by the board; passing scores are determined by the Naturopathic Physicians Licensing
7.2Examination;
7.3 (4) submit additional information as requested by the board, including providing
7.4any additional information necessary to ensure that the applicant is able to practice with
7.5reasonable skill and safety to the public;
7.6 (5) sign a statement that the information in the application is true and correct to the
7.7best of the applicant's knowledge and belief; and
7.8 (6) sign a waiver authorizing the board to obtain access to the applicant's records
7.9in this or any other state in which the applicant has completed an approved naturopathic
7.10medical program or engaged in the practice of naturopathic medicine.
7.11 Subd. 2. Registration by endorsement; reciprocity. (a) To be eligible for
7.12registration by endorsement or reciprocity, the applicant must hold a current naturopathic
7.13license, registration, or certification in another state, Canadian province, the District of
7.14Columbia, or territory of the United States, whose standards for licensure, registration, or
7.15certification are at least equivalent to those of Minnesota, and must:
7.16 (1) submit the application materials and fees as required by subdivision 1, clauses
7.17(1), (2), and (4) to (6);
7.18 (2) have successfully passed either:
7.19 (i) the Naturopathic Physicians Licensing Examination; or
7.20 (ii) if prior to 1986, the state or provincial naturopathic board licensing examination
7.21required by that regulating state or province;
7.22 (3) provide a verified copy from the appropriate government body of a current
7.23license, registration, or certification for the practice of naturopathic medicine in another
7.24jurisdiction that has initial licensing, registration, or certification requirements equivalent
7.25to or higher than the requirements in subdivision 1; and
7.26 (4) provide letters of verification from the appropriate government body in each
7.27jurisdiction in which the applicant holds a license, registration, or certification. Each letter
7.28must state the applicant's name, date of birth, license, registration, or certification number,
7.29date of issuance, a statement regarding disciplinary actions, if any, taken against the
7.30applicant, and the terms under which the license, registration, or certification was issued.
7.31 (b) An applicant applying for license, registration, or certification by endorsement
7.32must be licensed, registered, or certified in another state or Canadian province
7.33prior to January 1, 2005, and have completed a 60-hour course and examination in
7.34pharmacotherapeutics.
7.35 Subd. 3. Temporary registration. The board may issue a temporary registration to
7.36practice as a registered naturopathic doctor to an applicant who is licensed, registered, or
8.1certified in another state or Canadian province and is eligible for registration under this
8.2section, if the application for registration is complete, all applicable requirements in this
8.3section have been met, and a nonrefundable fee has been paid. The temporary registration
8.4remains valid only until the meeting of the board at which time a decision is made on the
8.5registered naturopathic doctor's application for registration.
8.6 Subd. 4. Registration expiration. Registrations issued under this chapter expire
8.7annually.
8.8 Subd. 5. Renewal. (a) To be eligible for registration renewal a registrant must:
8.9 (1) annually, or as determined by the board, complete a renewal application on a
8.10form provided by the board;
8.11 (2) submit the renewal fee;
8.12 (3) provide evidence of a total of 25 hours of continuing education approved by the
8.13board as described in section 147E.25; and
8.14 (4) submit any additional information requested by the board to clarify information
8.15presented in the renewal application. The information must be submitted within 30 days
8.16after the board's request, or the renewal request is nullified.
8.17 Subd. 6. Change of address. A registrant who changes addresses must inform
8.18the board within 30 days, in writing, of the change of address. All notices or other
8.19correspondence mailed to or served on a registrant by the board are considered as having
8.20been received by the registrant.
8.21 Subd. 7. Registration renewal notice. At least 45 days before the registration
8.22renewal date, the board shall send out a renewal notice to the last known address of the
8.23registrant on file. The notice must include a renewal application and a notice of fees
8.24required for renewal or instructions for online renewal. It must also inform the registrant
8.25that registration will expire without further action by the board if an application for
8.26registration renewal is not received before the deadline for renewal. The registrant's
8.27failure to receive this notice does not relieve the registrant of the obligation to meet the
8.28deadline and other requirements for registration renewal. Failure to receive this notice is
8.29not grounds for challenging expiration of registration status.
8.30 Subd. 8. Renewal deadline. The renewal application and fee must be postmarked
8.31on or before December 31 of the year of renewal. If the postmark is illegible, the
8.32application is considered timely if received by the third working day after the deadline.
8.33 Subd. 9. Inactive status and return to active status. (a) A registrant may be
8.34placed in inactive status upon application to the board by the registrant and upon payment
8.35of an inactive status fee.
9.1 (b) Registrants seeking restoration to active from inactive status must pay the current
9.2renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
9.3specified in subdivision 5, including continuing education hours.
9.4 (c) Registrants whose inactive status period has been five years or longer must
9.5additionally have a period of no less than eight weeks of advisory council-approved
9.6supervision by another registered naturopathic doctor.
9.7 Subd. 10. Registration following lapse of registration status for two years or
9.8less. For any individual whose registration status has lapsed for two years or less, to
9.9regain registration status, the individual must:
9.10 (1) apply for registration renewal according to subdivision 5;
9.11 (2) document compliance with the continuing education requirements of section
9.12147E.25 since the registrant's initial registration or last renewal; and
9.13 (3) submit the fees required under section 147E.40 for the period not registered,
9.14including the fee for late renewal.
9.15 Subd. 11. Cancellation due to nonrenewal. The board shall not renew, reissue,
9.16reinstate, or restore a registration that has lapsed and has not been renewed within two
9.17annual registration renewal cycles starting January 2007. A registrant whose registration
9.18is canceled for nonrenewal must obtain a new registration by applying for registration
9.19and fulfilling all requirements then in existence for initial registration as a registered
9.20naturopathic doctor.
9.21 Subd. 12. Cancellation of registration in good standing. (a) A registrant holding
9.22an active registration as a registered naturopathic doctor in the state may, upon approval
9.23of the board, be granted registration cancellation if the board is not investigating the
9.24person as a result of a complaint or information received or if the board has not begun
9.25disciplinary proceedings against the registrant. Such action by the board must be reported
9.26as a cancellation of registration in good standing.
9.27 (b) A registrant who receives board approval for registration cancellation is not
9.28entitled to a refund of any registration fees paid for the registration year in which
9.29cancellation of the registration occurred.
9.30 (c) To obtain registration after cancellation, a registrant must obtain a new
9.31registration by applying for registration and fulfilling the requirements then in existence
9.32for obtaining initial registration as a registered naturopathic doctor.
9.33 Subd. 13. Emeritus status of registration. A registrant may change the status of
9.34the registration to "emeritus" by filing the appropriate forms and paying the onetime
9.35fee of $50 to the board. This status allows the registrant to retain the title of registered
9.36naturopathic doctor but restricts the registrant from actively seeing patients.
10.1 Sec. 6. [147E.20] BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
10.2 (a) The board shall act on each application for registration according to paragraphs
10.3(b) to (d).
10.4 (b) The board shall determine if the applicant meets the requirements for registration
10.5under section 147E.15. The board or advisory council may investigate information
10.6provided by an applicant to determine whether the information is accurate and complete.
10.7 (c) The board shall notify each applicant in writing of action taken on the application,
10.8the grounds for denying registration if registration is denied, and the applicant's right
10.9to review under paragraph (d).
10.10 (d) Applicants denied registration may make a written request to the board, within
10.1130 days of the board's notice, to appear before the advisory council or the board and for
10.12the advisory council to review the board's decision to deny the applicant's registration.
10.13After reviewing the denial, the advisory council shall make a recommendation to the board
10.14as to whether the denial shall be affirmed. Each applicant is allowed only one request
10.15for review each yearly registration period.
10.16 Sec. 7. [147E.25] CONTINUING EDUCATION REQUIREMENT.
10.17 Subdivision 1. Number of required contact hours. (a) A registrant applying for
10.18registration renewal must complete a minimum of 25 contact hours of board-approved
10.19continuing education in the year preceding registration renewal, with the exception of
10.20the registrant's first incomplete year, and attest to completion of continuing education
10.21requirements by reporting to the board.
10.22 (b) Of the 25 contact hours of continuing education requirement in paragraph (a), at
10.23least five hours of continuing education must be in pharmacotherapeutics.
10.24 Subd. 2. Approved programs. The board shall approve continuing education
10.25programs that have been approved for continuing education credit by the American
10.26Association of Naturopathic Physicians or any of its constituent state associations, the
10.27American Chiropractic Association or any of its constituent state associations, the
10.28American Osteopathic Association Bureau of Professional Education, the American
10.29Pharmacists Association or any of its constituent state associations, or an organization
10.30approved by the Accreditation Council for Continuing Medical Education.
10.31 Subd. 3. Approval of continuing education programs. The board shall also
10.32approve continuing education programs that do not meet the requirements of subdivision 2
10.33but meet the following criteria:
10.34 (1) the program content directly relates to the practice of naturopathic medicine;
11.1 (2) each member of the program faculty is knowledgeable in the subject matter as
11.2demonstrated by a degree from an accredited education program, verifiable experience in
11.3the field of naturopathic medicine, special training in the subject matter, or experience
11.4teaching in the subject area;
11.5 (3) the program lasts at least 50 minutes per contact hour;
11.6 (4) there are specific, measurable, written objectives, consistent with the program,
11.7describing the expected outcomes for the participants; and
11.8 (5) the program sponsor has a mechanism to verify participation and maintains
11.9attendance records for three years.
11.10 Subd. 4. Accumulation of contact hours. A registrant may not apply contact hours
11.11acquired in one one-year reporting period to a future continuing education reporting period.
11.12 Subd. 5. Verification of continuing education credits. The board shall periodically
11.13select a random sample of registrants and require those registrants to supply the board
11.14with evidence of having completed the continuing education to which they attested.
11.15Documentation may come directly from the registrants from state or national organizations
11.16that maintain continuing education records.
11.17 Subd. 6. Continuing education topics. Continuing education program topics
11.18may include, but are not limited to, naturopathic medical theory and techniques
11.19including diagnostic techniques, nutrition, botanical medicine, homeopathic medicine,
11.20physical medicine, lifestyle modification counseling, anatomy, physiology, biochemistry,
11.21pharmacology, pharmacognosy, microbiology, medical ethics, psychology, history of
11.22medicine, and medical terminology or coding.
11.23 Subd. 7. Restriction on continuing education topics. (a) A registrant may apply
11.24no more than five hours of practice management to a one-year reporting period.
11.25 (b) A registrant may apply no more than 15 hours to any single subject area.
11.26 Subd. 8. Continuing education exemptions. The board may exempt any person
11.27holding a registration under this chapter from the requirements of subdivision 1 upon
11.28application showing evidence satisfactory to the board of inability to comply with the
11.29requirements because of physical or mental condition or because of other unusual or
11.30extenuating circumstances. However, no person may be exempted from the requirements
11.31of subdivision 1 more than once in any five-year period.
11.32 Sec. 8. [147E.30] DISCIPLINE; REPORTING.
11.33 For purposes of this chapter, registered naturopathic doctors and applicants are
11.34subject to sections 147.091 to 147.162.
12.1 Sec. 9. [147E.35] REGISTERED NATUROPATHIC DOCTOR ADVISORY
12.2COUNCIL.
12.3 Subdivision 1. Membership. The board shall appoint a seven-member Registered
12.4Naturopathic Doctor Advisory Council appointed by the governor consisting of one public
12.5member as defined in section 214.02, five registered naturopathic doctors who are residents
12.6of the state, and one licensed physician or osteopath with expertise in natural medicine.
12.7 Subd. 2. Organization. The advisory council shall be organized and administered
12.8under section 15.059. The council shall not expire.
12.9 Subd. 3. Duties. The advisory council shall:
12.10 (1) advise the board regarding standards for registered naturopathic doctors;
12.11 (2) provide for distribution of information regarding registered naturopathic doctors
12.12standards;
12.13 (3) advise the board on enforcement of sections 147.091 to 147.162;
12.14 (4) review applications and recommend granting or denying registration or
12.15registration renewal;
12.16 (5) advise the board on issues related to receiving and investigating complaints,
12.17conducting hearings, and imposing disciplinary action in relation to complaints against
12.18registered naturopathic doctors;
12.19 (6) advise the board regarding approval of continuing education programs using the
12.20criteria in section 147E.25, subdivision 3; and
12.21 (7) perform other duties authorized for advisory councils by chapter 214, as directed
12.22by the board.
12.23 Sec. 10. [147E.40] FEES.
12.24 Subdivision 1. Fees. Fees are as follows:
12.25 (1) registration application fee, $200;
12.26 (2) renewal fee, $150;
12.27 (3) late fee, $75;
12.28 (4) inactive status fee, $50; and
12.29 (5) temporary permit fee, $25.
12.30 Subd. 2. Proration of fees. The board may prorate the initial annual registration
12.31fee. All registrants are required to pay the full fee upon registration renewal.
12.32 Subd. 3. Penalty fee for late renewals. An application for registration renewal
12.33submitted after the deadline must be accompanied by a late fee in addition to the required
12.34fees.
12.35 Subd. 4. Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.
13.1 Sec. 11. EFFECTIVE DATE.
13.2 This article is effective July 1, 2008.
13.3ARTICLE 2
13.4 CONFORMING AMENDMENTS
13.5 Section 1. Minnesota Statutes 2006, section 116J.70, subdivision 2a, is amended to
13.6read:
13.7 Subd. 2a. License; exceptions. "Business license" or "license" does not include
13.8the following:
13.9 (1) any occupational license or registration issued by a licensing board listed in
13.10section
13.11pursuant to section
13.12 (2) any license issued by a county, home rule charter city, statutory city, township, or
13.13other political subdivision;
13.14 (3) any license required to practice the following occupation regulated by the
13.15following sections:
13.16 (i) abstracters regulated pursuant to chapter 386;
13.17 (ii) accountants regulated pursuant to chapter 326A;
13.18 (iii) adjusters regulated pursuant to chapter 72B;
13.19 (iv) architects regulated pursuant to chapter 326;
13.20 (v) assessors regulated pursuant to chapter 270;
13.21 (vi) athletic trainers regulated pursuant to chapter 148;
13.22 (vii) attorneys regulated pursuant to chapter 481;
13.23 (viii) auctioneers regulated pursuant to chapter 330;
13.24 (ix) barbers and cosmetologists regulated pursuant to chapter 154;
13.25 (x) boiler operators regulated pursuant to chapter 183;
13.26 (xi) chiropractors regulated pursuant to chapter 148;
13.27 (xii) collection agencies regulated pursuant to chapter 332;
13.28 (xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
13.29to chapter 150A;
13.30 (xiv) detectives regulated pursuant to chapter 326;
13.31 (xv) electricians regulated pursuant to chapter 326;
13.32 (xvi) mortuary science practitioners regulated pursuant to chapter 149A;
13.33 (xvii) engineers regulated pursuant to chapter 326;
13.34 (xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
13.35 (xix) certified interior designers regulated pursuant to chapter 326;
14.1 (xx) midwives regulated pursuant to chapter 147D;
14.2 (xxi) naturopathic doctors registered pursuant to chapter 147E;
14.3 (xxii) nursing home administrators regulated pursuant to chapter 144A;
14.4
14.5
14.6
14.7
14.8
14.9
14.10
14.11
14.12
14.13
14.14
14.15
14.16chapters 82 and 83;
14.17
14.18
14.19pursuant to chapter 80A;
14.20
14.21
14.22to chapter 125;
14.23
14.24
14.25chapter 326;
14.26
14.27
14.28
14.29
14.30
14.31
14.32roofers, manufactured home installers, and specialty contractors regulated pursuant
14.33to chapter 326; or
14.34
14.35 (4) any driver's license required pursuant to chapter 171;
14.36 (5) any aircraft license required pursuant to chapter 360;
15.1 (6) any watercraft license required pursuant to chapter 86B;
15.2 (7) any license, permit, registration, certification, or other approval pertaining to a
15.3regulatory or management program related to the protection, conservation, or use of or
15.4interference with the resources of land, air, or water, which is required to be obtained
15.5from a state agency or instrumentality; and
15.6 (8) any pollution control rule or standard established by the Pollution Control
15.7Agency or any health rule or standard established by the commissioner of health or any
15.8licensing rule or standard established by the commissioner of human services.
15.9 Sec. 2. Minnesota Statutes 2006, section 145.61, subdivision 2, is amended to read:
15.10 Subd. 2. Professional. "Professional" means a person licensed or registered to
15.11practice a healing art under chapter 147, 147E, or 148, to practice dentistry under chapter
15.12150A, to practice as a pharmacist under chapter 151, or to practice podiatry under chapter
15.13153.
15.14 Sec. 3. Minnesota Statutes 2006, section 146.23, subdivision 7, is amended to read:
15.15 Subd. 7. Exemption. The provisions of subdivision 2 do not apply to physicians
15.16and doctors of osteopathy licensed under chapter 147 or naturopathic doctors registered
15.17under chapter 147E.
15.18 Sec. 4. Minnesota Statutes 2006, section 148B.60, subdivision 3, is amended to read:
15.19 Subd. 3. Unlicensed mental health practitioner or practitioner. "Unlicensed
15.20mental health practitioner" or "practitioner" means a person who provides or purports to
15.21provide, for remuneration, mental health services as defined in subdivision 4. It does not
15.22include persons licensed by the Board of Medical Practice under chapter 147 or 147E or
15.23registered by the Board of Medical Practice under chapter 147A; the Board of Nursing
15.24under sections
15.25to
15.26Family Therapy under sections
15.27Therapy under sections
15.28board if the person is practicing within the scope of the license; members of the clergy
15.29who are providing pastoral services in the context of performing and fulfilling the salaried
15.30duties and obligations required of a member of the clergy by a religious congregation;
15.31American Indian medicine men and women; licensed attorneys; probation officers; school
15.32counselors employed by a school district while acting within the scope of employment
15.33as school counselors; licensed occupational therapists; or licensed occupational therapy
16.1assistants. For the purposes of complaint investigation or disciplinary action relating to an
16.2individual practitioner, the term includes:
16.3 (1) persons employed by a program licensed by the commissioner of human services
16.4who are acting as mental health practitioners within the scope of their employment;
16.5 (2) persons employed by a program licensed by the commissioner of human services
16.6who are providing chemical dependency counseling services; persons who are providing
16.7chemical dependency counseling services in private practice; and
16.8 (3) clergy who are providing mental health services that are equivalent to those
16.9defined in subdivision 4.
16.10 Sec. 5. Minnesota Statutes 2006, section 214.23, subdivision 1, is amended to read:
16.11 Subdivision 1. Commissioner of health. The board shall enter into a contract
16.12with the commissioner to perform the functions in subdivisions 2 and 3. The contract
16.13shall provide that:
16.14 (1) unless requested to do otherwise by a regulated person, a board shall refer all
16.15regulated persons infected with HIV, HBV, or HCV to the commissioner;
16.16 (2) the commissioner may choose to refer any regulated person who is infected
16.17with HIV, HBV, or HCV as well as all information related thereto to the person's board
16.18at any time for any reason, including but not limited to: the degree of cooperation and
16.19compliance by the regulated person; the inability to secure information or the medical
16.20records of the regulated person; or when the facts may present other possible violations
16.21of the regulated persons practices act. Upon request of the regulated person who is
16.22infected with HIV, HBV, or HCV the commissioner shall refer the regulated person and all
16.23information related thereto to the person's board. Once the commissioner has referred a
16.24regulated person to a board, the board may not thereafter submit it to the commissioner to
16.25establish a monitoring plan unless the commissioner of health consents in writing;
16.26 (3) a board shall not take action on grounds relating solely to the HIV, HBV, or HCV
16.27status of a regulated person until after referral by the commissioner; and
16.28 (4) notwithstanding sections
16.29150A, 153, and 214, a board shall forward to the commissioner any information on a
16.30regulated person who is infected with HIV, HBV, or HCV that the Department of Health
16.31requests.
16.32 Sec. 6. Minnesota Statutes 2006, section 604A.01, subdivision 2, is amended to read:
16.33 Subd. 2. General immunity from liability. (a) A person who, without
16.34compensation or the expectation of compensation, renders emergency care, advice, or
17.1assistance at the scene of an emergency or during transit to a location where professional
17.2medical care can be rendered, is not liable for any civil damages as a result of acts or
17.3omissions by that person in rendering the emergency care, advice, or assistance, unless the
17.4person acts in a willful and wanton or reckless manner in providing the care, advice, or
17.5assistance. This subdivision does not apply to a person rendering emergency care, advice,
17.6or assistance during the course of regular employment, and receiving compensation or
17.7expecting to receive compensation for rendering the care, advice, or assistance.
17.8 (b) For the purposes of this section, the scene of an emergency is an area outside
17.9the confines of a hospital or other institution that has hospital facilities, or an office of
17.10a person licensed to practice one or more of the healing arts under chapter 147, 147A,
17.11147E, 148, 150A, or 153. The scene of an emergency includes areas threatened by or
17.12exposed to spillage, seepage, fire, explosion, or other release of hazardous materials,
17.13and includes ski areas and trails.
17.14 (c) For the purposes of this section, "person" includes a public or private nonprofit
17.15volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer
17.16first provider of emergency medical services, volunteer ski patroller, and any partnership,
17.17corporation, association, or other entity.
17.18 (d) For the purposes of this section, "compensation" does not include payments,
17.19reimbursement for expenses, or pension benefits paid to members of volunteer
17.20organizations.
17.21 (e) For purposes of this section, "emergency care" includes providing emergency
17.22medical care by using or providing an automatic external defibrillator, unless the person
17.23on whom the device is to be used objects; or unless the person is rendering this care
17.24during the course of regular employment, the person is receiving or expects to receive
17.25compensation for rendering this care, and the usual and regular duties of the person
17.26include the provision of emergency medical care. "Automatic external defibrillator"
17.27means a medical device heart monitor and defibrillator that:
17.28 (1) has received approval of its premarket notification, filed pursuant to United States
17.29Code, title 21, section 360(k), from the United States Food and Drug Administration;
17.30 (2) is capable of recognizing the presence or absence of ventricular fibrillation or
17.31rapid ventricular tachycardia, and is capable of determining, without intervention by an
17.32operator, whether defibrillation should be performed; and
17.33 (3) upon determining that defibrillation should be performed, automatically charges
17.34and requests delivery of an electrical impulse to an individual's heart.
18.1 Sec. 7. Minnesota Statutes 2006, section 604A.015, is amended to read:
18.2604A.015 SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.
18.3 A school bus driver who, while on duty, provides emergency care, advice, or
18.4assistance at the scene of an emergency or during transit to a location where professional
18.5medical care can be rendered, is not liable in ordinary negligence, for any civil damages as
18.6a result of acts or omissions to the person to whom assistance is rendered by the school
18.7bus driver in rendering the emergency care, advice, or assistance. For the purposes of this
18.8section, the scene of an emergency is an area outside the confines of a hospital or other
18.9institution that has hospital facilities, or an office of a person licensed to practice one or
18.10more of the healing arts under chapter 147, 147E, 148, 150A, or 153.
18.11 Sec. 8. EFFECTIVE DATE.
18.12 This article is effective July 1, 2008.
1 comment:
I wonder how many people who oppose this bill have read the legislation?
I know for a fact that all of the ND's who can be registered have.
If you haven't then why are you opposed to it? And if you have, well then what is your REAL motive?
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