HF 3167

as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 05:05pm

A bill for an act
relating to health professions; adding definitions related to the practice of
chiropractic; amending Minnesota Statutes 2008, sections 148.01, subdivision 1,
by adding a subdivision; 148.105, subdivision 1; repealing Minnesota Statutes
2008, section 148.01, subdivisions 2, 3; Minnesota Rules, parts 2500.0100,
subparts 9b, 10, 11; 2500.4000.

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

Section 1.

Minnesota Statutes 2008, section 148.01, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of sections 148.01 to 148.10:

(1) "Chiropractic" is defined as the deleted text begin 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 health care
discipline which emphasizes the inherent recuperative power of the body to heal itself
without the use of prescription drugs or surgery. Chiropractic focuses on the relationship
between structure, primarily the spine, and function, as coordinated by the nervous system,
and how that relationship affects the preservation and restoration of health. Chiropractic
includes the evaluation and facilitation of biomechanical and neurological function and
integrity through the use of diagnostic procedures, chiropractic manipulative techniques,
and other procedures. new text end

new text begin (2) "Chiropractic manipulative technique" means adjustment, manipulation, or
mobilization accomplished by manual or mechanical forces applied to bones or joints and
their related soft tissues for optimal correction of biomechanical alterations or abnormal
articulations.
new text end

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

new text begin (4) "Ancillary chiropractic services" means clinical, physical, laboratory, and other
diagnostic measures, including all types of diagnostic imaging which 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, differential diagnosis, treatment,
further examination, or referral. Ancillary chiropractic services also include all of the
therapeutic, rehabilitative, and preventive sciences and procedures for which the licensee
was subject to examination pursuant to the requirements of section 148.06, including
clinical nutrition, physical examinations, health screenings, and counseling regarding
healthy lifestyles and behavior modification.
new text end

deleted text begin (2) deleted text end new text begin (5) 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 2008, 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 pursuant to section
148.06 is authorized to practice chiropractic, to perform ancillary chiropractic services,
and to perform any other health care related activity for which chiropractors are otherwise
authorized to undertake as a matter of law. Any chiropractor who practices in violation
of this subdivision shall be guilty of unprofessional conduct and subject to disciplinary
procedures according to section 148.10.
new text end

Sec. 3.

Minnesota Statutes 2008, 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," new text begin "Chiropractic Physician," new text end 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 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 (a) new text end new text begin Minnesota Statutes 2008, section 148.01, subdivisions 2 and 3, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2500.0100, subparts 9b, 10, and 11; and 2500.4000, new text end new text begin are
repealed.
new text end