HF 3802

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupations and professions; adding an exception to the
complementary and alternative health care client bill of rights for in-patient
hospital setting and hospice care; amending Minnesota Statutes 2007
Supplement, section 146A.11, subdivision 1.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 146A.11, subdivision 1,
is amended to read:

Subdivision 1.

Scope.

new text begin (a) new text end All unlicensed complementary and alternative health
care practitioners shall provide to each complementary and alternative health care
client prior to providing treatment a written copy of the complementary and alternative
health care client bill of rights. A copy must also be posted in a prominent location
in the office of the unlicensed complementary and alternative health care practitioner.
Reasonable accommodations shall be made for those clients who cannot read or who
have communication impairments and those who do not read or speak English. The
complementary and alternative health care client bill of rights shall include the following:

(1) the name, complementary and alternative health care title, business address,
and telephone number of the unlicensed complementary and alternative health care
practitioner;

(2) the degrees, training, experience, or other qualifications of the practitioner
regarding the complimentary and alternative health care being provided, followed by the
following statement in bold print:

"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL
AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND
ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS STATEMENT OF
CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.

Under Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis or recommend discontinuance of
medically prescribed treatments. If a client desires a diagnosis from a licensed physician,
chiropractor, or acupuncture practitioner, or services from a physician, chiropractor, nurse,
osteopath, physical therapist, dietitian, nutritionist, acupuncture practitioner, athletic
trainer, or any other type of health care provider, the client may seek such services at
any time.";

(3) the name, business address, and telephone number of the practitioner's
supervisor, if any;

(4) notice that a complementary and alternative health care client has the right to
file a complaint with the practitioner's supervisor, if any, and the procedure for filing
complaints;

(5) the name, address, and telephone number of the office of unlicensed
complementary and alternative health care practice and notice that a client may file
complaints with the office;

(6) the practitioner's fees per unit of service, the practitioner's method of billing
for such fees, the names of any insurance companies that have agreed to reimburse the
practitioner, or health maintenance organizations with whom the practitioner contracts to
provide service, whether the practitioner accepts Medicare, medical assistance, or general
assistance medical care, and whether the practitioner is willing to accept partial payment,
or to waive payment, and in what circumstances;

(7) a statement that the client has a right to reasonable notice of changes in services
or charges;

(8) a brief summary, in plain language, of the theoretical approach used by the
practitioner in providing services to clients;

(9) notice that the client has a right to complete and current information concerning
the practitioner's assessment and recommended service that is to be provided, including
the expected duration of the service to be provided;

(10) a statement that clients may expect courteous treatment and to be free from
verbal, physical, or sexual abuse by the practitioner;

(11) a statement that client records and transactions with the practitioner are
confidential, unless release of these records is authorized in writing by the client, or
otherwise provided by law;

(12) a statement of the client's right to be allowed access to records and written
information from records in accordance with sections 144.291 to 144.298;

(13) a statement that other services may be available in the community, including
where information concerning services is available;

(14) a statement that the client has the right to choose freely among available
practitioners and to change practitioners after services have begun, within the limits of
health insurance, medical assistance, or other health programs;

(15) a statement that the client has a right to coordinated transfer when there will
be a change in the provider of services;

(16) a statement that the client may refuse services or treatment, unless otherwise
provided by law; and

(17) a statement that the client may assert the client's rights without retaliation.

new text begin (b) This section does not apply to an unlicensed complementary and alternative
health care practitioner providing services to a client in an in-patient hospital setting or
under an appropriate hospice plan of care.
new text end