HF 1141

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring physical examinations 
  1.3             for certain high school athletes; modifying the 
  1.4             definition of the practice of medicine; amending 
  1.5             Minnesota Statutes 1998, section 147.081, subdivision 
  1.6             3; proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 128C. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [128C.25] [PHYSICAL EXAMINATIONS.] 
  1.10     Any student who intends to participate in high school 
  1.11  interscholastic athletics or cheerleading activities must have 
  1.12  on file at the school a record of a physical examination 
  1.13  performed by a physician licensed under chapter 147 within the 
  1.14  previous three years.  The physical examination must include an 
  1.15  examination of the following bodily systems:  cardiovascular, 
  1.16  respiratory, pulmonary, gastrointestinal, dermatological, 
  1.17  genitourinary, and musculoskeletal.  The physical examination 
  1.18  must also test vision and hearing and may screen for high-risk 
  1.19  behaviors, including, but not limited to, tobacco and alcohol 
  1.20  use, eating disorders, and sexual activity. 
  1.21     Sec. 2.  Minnesota Statutes 1998, section 147.081, 
  1.22  subdivision 3, is amended to read: 
  1.23     Subd. 3.  [PRACTICE OF MEDICINE DEFINED.] For purposes of 
  1.24  this chapter, a person not exempted under section 147.09 is 
  1.25  "practicing medicine" or engaged in the "practice of medicine" 
  1.26  if the person does any of the following:  
  2.1      (1) advertises, holds out to the public, or represents in 
  2.2   any manner that the person is authorized to practice medicine in 
  2.3   this state; 
  2.4      (2) offers or undertakes to prescribe, give, or administer 
  2.5   any drug or medicine for the use of another; 
  2.6      (3) offers or undertakes to prevent or to diagnose, 
  2.7   correct, or treat in any manner or by any means, methods, 
  2.8   devices, or instrumentalities, any disease, illness, pain, 
  2.9   wound, fracture, infirmity, deformity or defect of any person; 
  2.10     (4) offers or undertakes to perform any surgical operation 
  2.11  including any invasive or noninvasive procedures involving the 
  2.12  use of a laser or laser assisted device, upon any person; 
  2.13     (5) offers to undertake to use hypnosis for the treatment 
  2.14  or relief of any wound, fracture, or bodily injury, infirmity, 
  2.15  or disease; or 
  2.16     (6) offers or undertakes to perform a physical examination 
  2.17  of the following bodily systems, including, but not limited to, 
  2.18  cardiovascular, respiratory, pulmonary, gastrointestinal, 
  2.19  dermatological, and genitourinary for the purpose of assessing 
  2.20  or diagnosing the health status of a person; or 
  2.21     (7) uses in the conduct of any occupation or profession 
  2.22  pertaining to the diagnosis of human disease or conditions, the 
  2.23  designation "doctor of medicine," "medical doctor," "doctor of 
  2.24  osteopathy," "osteopath," "osteopathic physician," "physician," 
  2.25  "surgeon," "M.D.," "D.O.," or any combination of these 
  2.26  designations.