HF 1850

as introduced - 88th Legislature (2013 - 2014) Posted on 05/17/2013 11:43am

A bill for an act
relating to health; modifying the scope of practice for chiropractors; amending
Minnesota Statutes 2012, sections 148.01, subdivision 1, by adding a subdivision;
148.105, subdivision 1; repealing Minnesota Statutes 2012, section 148.01,
subdivision 3; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of sections 148.01 to 148.10:

(1) "chiropractic" deleted text begin is defined as the science of adjusting any abnormal articulations
of the human body, especially those of the spinal column, for the purpose of giving
freedom of action to impinged nerves that may cause pain or deranged function; and
deleted text end new text begin means the health care discipline that recognizes the innate recuperative power of the body
to heal itself without the use of drugs or surgery by identifying and caring for vertebral
subluxations and other abnormal articulations by emphasizing the relationship between
structure and function as coordinated by the nervous system and how that relationship
affects the preservation and restoration of health;
new text end

new text begin (2) "chiropractic services" means the evaluation and facilitation of structural,
biomechanical, and neurological function and integrity through the use of adjustment,
manipulation, mobilization, or other procedures accomplished by manual or mechanical
forces applied to bones or joints and their related soft tissues for correction of vertebral
subluxation, other abnormal articulations, neurological disturbances, structural alterations,
or biomechanical alterations, and includes, but is not limited to, manual therapy and
mechanical therapy as defined in section 146.23;
new text end

new text begin (3) "abnormal articulation" means the condition of opposing bony joint surfaces and
their related soft tissues that do not function normally, including subluxation, fixation,
adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or
disturbances within the nervous system, results in postural alteration, inhibits motion,
allows excessive motion, alters direction of motion, or results in loss of axial loading
efficiency, or a combination of these;
new text end

new text begin (4) "diagnosis" means the physical, clinical, and laboratory examination of the
patient, and the use of diagnostic services for diagnostic purposes within the scope of the
practice of chiropractic described in sections 148.01 to 148.10;
new text end

new text begin (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic
measures, including diagnostic imaging that may be necessary to determine the
presence or absence of a condition, deficiency, deformity, abnormality, or disease as
a basis for evaluation of a health concern, diagnosis, differential diagnosis, treatment,
further examination, or referral. Diagnostic services include reviewing the results and
interpretations of and the ordering of computerized tomography, magnetic resonance
imaging, and positron emission tomography scans but does not include interpretation of
those procedures. An individual licensed under section 148.06 may interpret the results
of the procedures if the individual has successfully completed a course of study and a
national examination on chiropractic radiology. Nothing in this section shall prohibit an
individual licensed under section 148.06 from owning equipment used for providing
diagnostic services or from operating that equipment;
new text end

new text begin (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota
Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive
sciences and procedures for which the licensee was subject to examination under section
148.06. When provided, therapeutic services must be performed: within a practice
where the primary focus is the provision of chiropractic services; to prepare the patient
for chiropractic services; or to complement the provision of chiropractic services. The
administration of therapeutic services is the responsibility of the treating chiropractor and
must be rendered under the direct supervision of qualified staff;
new text end

new text begin (7) "acupuncture" means a modality of treating abnormal physical conditions
by stimulating various points of the body or interruption of the cutaneous integrity
by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as
utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an
independent therapy or separately from chiropractic services. Acupuncture is permitted
under section 148.01 only after registration with the board which requires completion
of a board-approved course of study and successful completion of a board-approved
national examination on acupuncture. Renewal of registration shall require completion of
board-approved continuing education requirements in acupuncture. The restrictions of
section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture
under this section; and
new text end

deleted text begin (2) deleted text end new text begin (8) new text end "animal chiropractic diagnosis and treatment" means treatment that includes
identifying and resolving vertebral subluxation complexes, spinal manipulation, and
manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
diagnosis and treatment does not include:

(i) performing surgery;

(ii) dispensing or administering of medications; or

(iii) performing traditional veterinary care and diagnosis.

Sec. 2.

Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Practice of chiropractic. new text end

new text begin An individual licensed to practice under section
148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services,
and to provide diagnosis and to render opinions pertaining to those services for the
purpose of determining a course of action in the best interests of the patient, such as a
treatment plan, appropriate referral, or both.
new text end

Sec. 3.

Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Any person who practices, or attempts to practice,
chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
the public to believe that the person who so uses the terms is engaged in the practice of
chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
six months or punished by both fine and imprisonment, in the discretion of the court. It is
the duty of the county attorney of the county in which the person practices to prosecute.
Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:

(1) licensed by a health-related licensing board, as defined in section 214.01,
subdivision 2, including psychological practitioners with respect to the use of hypnosis;

(2) registered new text begin or licensed new text end by the commissioner of health under section 214.13; or

(3) engaged in other methods of healing regulated by law in the state of Minnesota;

provided that the person confines activities within the scope of the license or other
regulation and does not practice or attempt to practice chiropractic.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 148.01, subdivision 3, new text end new text begin is repealed.
new text end

new text begin Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, new text end new text begin are
repealed.
new text end