HF 3639

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 06:48pm

A bill for an act
relating to health professions; requiring licensure of naturopathic doctors; modifying
scope of practice; amending Minnesota Statutes 2020, sections 146A.01, subdivision
4; 147.012; 147E.01, subdivisions 2, 7, 10; 147E.05; 147E.06; 147E.10; 147E.15;
147E.20; 147E.25, subdivisions 1, 2, 4, 5, 7, 8; 147E.30; 147E.35; 147E.40,
subdivisions 1, 2, 3; 319B.02, subdivision 19; 319B.40.

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

Section 1.

Minnesota Statutes 2020, section 146A.01, subdivision 4, is amended to read:

Subd. 4.

Complementary and alternative health care practices.

(a) "Complementary
and alternative health care practices" means the broad domain of complementary and
alternative healing methods and treatments, including but not limited to: (1) acupressure;
(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally
traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;
(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food
supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)
Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;
(15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage
therapy; (18) meditation; (19) mind-body healing practices; (20) deleted text begin naturopathy; (21) deleted text end
noninvasive instrumentalities; and deleted text begin (22) deleted text end new text begin (21) new text end traditional Oriental practices, such as Qi Gong
energy healing.

(b) Complementary and alternative health care practices do not include surgery, x-ray
radiation, administering or dispensing legend drugs and controlled substances, practices
that invade the human body by puncture of the skin, setting fractures, the use of medical
devices as defined in section 147A.01, any practice included in the practice of dentistry as
defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations
of joints or the spine as described in section 146.23 or 148.01.

(c) Complementary and alternative health care practices do not include practices that
are permitted under section 147.09, clause (11), or 148.271, clause (5).

(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activity of lawfully marketing or distributing food products, including dietary supplements
as defined in the federal Dietary Supplement Health and Education Act, educating customers
about such products, or explaining the uses of such products. Under Minnesota law, an
unlicensed complementary and alternative health care practitioner may not provide a medical
diagnosis or recommend discontinuance of medically prescribed treatments.

Sec. 2.

Minnesota Statutes 2020, section 147.012, is amended to read:

147.012 OVERSIGHT OF ALLIED HEALTH PROFESSIONS.

The board has responsibility for the oversight of the following allied health professions:
physician assistants under chapter 147A, acupuncture practitioners under chapter 147B,
respiratory care practitioners under chapter 147C, traditional midwives under chapter 147D,
deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctors under chapter 147E, genetic counselors under
chapter 147F, and athletic trainers under sections 148.7801 to 148.7815.

Sec. 3.

Minnesota Statutes 2020, section 147E.01, subdivision 2, is amended to read:

Subd. 2.

Advisory council.

"Advisory council" means the deleted text begin Registered deleted text end Naturopathic
Doctor Advisory Council established under section 147E.35.

Sec. 4.

Minnesota Statutes 2020, section 147E.01, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Registered deleted text end Naturopathic doctor.

" deleted text begin Registered deleted text end Naturopathic doctor" means an
individual deleted text begin registered deleted text end new text begin licensed new text end under this chapter.

Sec. 5.

Minnesota Statutes 2020, section 147E.01, subdivision 10, is amended to read:

Subd. 10.

Naturopathic medicine.

"Naturopathic medicine" means a system of primary
health care for the prevention, assessment, and treatment of human health conditions, injuries,
and diseases that uses deleted text begin :
deleted text end

deleted text begin (1) deleted text end services, procedures, and treatments as described in section 147E.05 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) natural health procedures and treatments in section 146A.01, subdivision 4.
deleted text end

Sec. 6.

Minnesota Statutes 2020, section 147E.05, is amended to read:

147E.05 SCOPE OF PRACTICE.

Subdivision 1.

Practice parameters.

(a) The practice of naturopathic medicine includes,
but is not limited to, the following services:

(1) ordering, administering, prescribing, or dispensing for preventive and therapeutic
purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids, enzymes,
botanicals and their extracts, botanical medicines, herbal remedies, homeopathic medicines,
dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and
Cosmetic Act, glandulars, protomorphogens, lifestyle counseling, hypnotherapy, biofeedback,
dietary therapy, electrotherapy, galvanic therapy, oxygen, therapeutic devices, barrier devices
for contraception, and minor office procedures, including obtaining specimens to assess
and treat disease;

(2) performing or ordering physical examinations and physiological function tests;

(3) ordering clinical laboratory tests and performing waived tests as defined by the
United States Food and Drug Administration Clinical Laboratory Improvement Amendments
of 1988 (CLIA);

(4) referring a patient for diagnostic imaging including x-ray, CT scan, MRI, ultrasound,
mammogram, and bone densitometry to an appropriately licensed health care professional
to conduct the test and interpret the results;

(5) prescribing nonprescription medications and therapeutic devices or ordering
noninvasive diagnostic procedures commonly used by physicians in general practice; and

(6) prescribing or performing naturopathic physical medicine.

(b) A deleted text begin registered deleted text end naturopathic doctor may admit patients to a hospital if the naturopathic
doctor meets the hospital's governing body requirements regarding credentialing and
privileging process.

Subd. 2.

Prohibitions on practice.

(a) The practice of naturopathic medicine does not
include:

(1) administering therapeutic ionizing radiation or radioactive substances;

(2) administering general or spinal anesthesia;

(3) prescribing, dispensing, or administering legend drugs or controlled substances
including chemotherapeutic substances; or

(4) performing or inducing abortions.

(b) A naturopathic doctor deleted text begin registered under this chapter deleted text end shall not perform surgical
procedures using a laser device or perform surgical procedures beyond superficial tissue.

(c) A naturopathic doctor shall not practice or claim to practice as a medical doctor,
surgeon, osteopathic physician, dentist, podiatrist, optometrist, psychologist, advanced
practice professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist,
dietician, nutritionist, or any other health care professional, unless the naturopathic deleted text begin physician deleted text end new text begin
doctor new text end also holds the appropriate license or registration for the health care practice profession.

Sec. 7.

Minnesota Statutes 2020, section 147E.06, is amended to read:

147E.06 PROFESSIONAL CONDUCT.

Subdivision 1.

Informed consent.

(a) new text begin The naturopathic doctor shall present treatment
facts and options to the patient or to the individual responsible for the patient's care and
make treatment recommendations according to the practice standards of naturopathic
medicine.
new text end

new text begin (b) new text end The deleted text begin registered deleted text end naturopathic doctor shall obtain a signed informed consent from the
patient new text begin or the individual responsible for the patient's care new text end prior to initiating treatment deleted text begin and
after advising the patient of the naturopathic doctor's qualifications including education and
registration information; and outlining of the scope of practice of registered naturopathic
doctors in Minnesota. This information must be supplied to the patient in writing before or
at the time of the initial visit. The registrant shall present treatment facts and options
accurately to the patient or to the individual responsible for the patient's care and make
treatment recommendations according to standards of good naturopathic medical practice deleted text end .

deleted text begin (b) deleted text end new text begin (c) new text end Upon request, the deleted text begin registered deleted text end naturopathic doctor deleted text begin must deleted text end new text begin shall new text end provide a copy of the
informed consent form to the board.

Subd. 2.

Patient records.

(a) A deleted text begin registered deleted text end naturopathic doctor shall maintain a record
for seven years for each patient treated, including:

(1) a copy of the new text begin signed new text end informed consent;

(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;

(3) evidence of an examination and assessment;

(4) record of the treatment provided to the patient; and

(5) evidence of evaluation and instructions given to the patient, including acknowledgment
by the patient in writing that, if deemed necessary by the deleted text begin registered deleted text end naturopathic doctor,
the patient has been advised to consult with another health care provider.

(b) A deleted text begin registered deleted text end naturopathic doctor shall maintain the records of minor patients for
seven years or until the minor's 19th birthday, whichever is longer.

Subd. 3.

Data practices.

All records maintained on a naturopathic patient by a deleted text begin registered deleted text end
naturopathic doctor are subject to sections 144.291 to 144.298.

Subd. 4. State and municipal public health regulations. A deleted text begin registered deleted text end naturopathic
doctor shall comply with all applicable state and municipal requirements regarding public
health.

Sec. 8.

Minnesota Statutes 2020, section 147E.10, is amended to read:

147E.10 new text begin UNAUTHORIZED PRACTICE; new text end PROTECTED TITLES new text begin ;
RESTRICTIONS new text end .

Subdivision 1.

Designation.

(a) No individual deleted text begin may deleted text end new text begin shall new text end use the title deleted text begin "registered
naturopathic doctor," deleted text end "naturopathic doctor," "doctor of naturopathic medicine," new text begin "naturopath," new text end
or use, in connection with the individual's name, the letters deleted text begin "R.N.D." deleted text end new text begin "N.D.," new text end or "N.M.D.,"
or any other titles, words, letters, abbreviations, new text begin nicknames, new text end or insignia indicating or implying
that the individual is a deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctor unless the individual deleted text begin has been
registered deleted text end new text begin is licensed new text end as a deleted text begin registered deleted text end naturopathic doctor according to this chapter.

(b) new text begin No individual shall use the title "naturopathic medical doctor" or "naturopathic
physician" unless the individual is licensed as a naturopathic doctor according to this chapter
and is licensed to practice medicine according to chapter 147.
new text end

deleted text begin After July 1, 2009, deleted text end new text begin (c) new text end Individuals who are deleted text begin registered deleted text end new text begin licensed new text end under this chapter and
who represent themselves as practicing naturopathic medicine by use of a term in paragraph
(a) shall conspicuously display the deleted text begin registration deleted text end new text begin license new text end in the place of practice.

new text begin Subd. 1a. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin Effective July 1, 2023, no individual shall
engage in the practice of naturopathic medicine as defined under section 147E.05, subdivision
1, paragraph (a), unless the individual is licensed as a naturopathic doctor according to this
chapter.
new text end

Subd. 2.

Other health care practitioners.

Nothing in this chapter may be construed to
prohibit or to restrict:

(1) the practice of a profession by individuals who are licensed, certified, or registered
under other laws of this state and are performing services within their authorized scope of
practice;

(2) the provision of the complementary and alternative healing methods and treatments deleted text begin ,
including naturopathy, deleted text end as described in chapter 146A new text begin , except that an individual shall not
represent themselves as a naturopath, a naturopathic doctor, or a provider of naturopathic
medicine unless the individual is licensed according to this chapter new text end ;

(3) the practice of naturopathic medicine by an individual licensed, registered, or certified
in another state and employed by the government of the United States while the individual
is engaged in the performance of duties prescribed by the laws and regulations of the United
States; new text begin or
new text end

(4) the practice by a naturopathic doctor duly licensed, registered, or certified in another
state, territory, or the District of Columbia when incidentally called into this state for
consultation with a Minnesota licensed physician or Minnesota deleted text begin registered deleted text end new text begin licensed
new text end naturopathic doctor deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (5) individuals not registered by this chapter from the use of individual modalities which
comprise the practice of naturopathic medicine.
deleted text end

Subd. 3.

Penalty.

A person violating deleted text begin subdivision 1 deleted text end new text begin this section new text end is guilty of a misdemeanor new text begin
and may be subject to sanctions or actions according to section 214.11 new text end .

Sec. 9.

Minnesota Statutes 2020, section 147E.15, is amended to read:

147E.15 deleted text begin REGISTRATION deleted text end new text begin LICENSURE new text end REQUIREMENTS.

Subdivision 1.

General requirements for deleted text begin registration deleted text end new text begin licensure new text end .

To be eligible for
deleted text begin registration deleted text end new text begin licensure as a naturopathic doctor new text end , an applicant must:

(1) submit a completed application on forms provided by the board along with all fees
required under section 147E.40 that includes:

(i) the applicant's name, Social Security number, home address and telephone number,
and business address and telephone number;

(ii) the name and location of the naturopathic medical program the applicant completed;

(iii) a list of degrees received from other educational institutions;

(iv) a description of the applicant's professional training;

(v) a list of registrations, certifications, and licenses held in other jurisdictions;

(vi) a description of any other jurisdiction's refusal to credential the applicant;

(vii) a description of all professional disciplinary actions initiated against the applicant
in any jurisdiction; and

(viii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(2) submit a copy of a diploma from an approved naturopathic medical education
program;

(3) have successfully passed the Naturopathic Physicians Licensing Examination, a
competency-based national naturopathic licensing examination administered by the North
American Board of Naturopathic Examiners or successor agency as recognized by the board;
passing scores are determined by the Naturopathic Physicians Licensing Examination;

(4) submit additional information as requested by the board, including providing any
additional information necessary to ensure that the applicant is able to practice with
reasonable skill and safety to the public;

(5) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief; and

(6) sign a waiver authorizing the board to obtain access to the applicant's records in this
or any other state in which the applicant has completed an approved naturopathic medical
program or engaged in the practice of naturopathic medicine.

Subd. 2.

deleted text begin Registration deleted text end new text begin Licensure new text end by endorsement; reciprocity.

deleted text begin (a) deleted text end To be eligible for
deleted text begin registration deleted text end new text begin licensure new text end by endorsement or reciprocity, the applicant must hold a current
naturopathic license, registration, or certification in another state, Canadian province, the
District of Columbia, or territory of the United States, whose standards for licensure,
registration, or certification are at least equivalent to those of Minnesota, and must:

(1) submit the application materials and fees as required by subdivision 1, clauses (1),
(2), and (4) to (6);

(2) have successfully passed either:

(i) the Naturopathic Physicians Licensing Examination; or

(ii) if prior to 1986, the state or provincial naturopathic board licensing examination
required by that regulating state or province;

(3) provide a verified copy from the appropriate government body of a current license,
registration, or certification for the practice of naturopathic medicine in another jurisdiction
that has initial licensing, registration, or certification requirements equivalent to or higher
than the requirements in subdivision 1; and

(4) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a license, registration, or certification. Each letter
must state the applicant's name, date of birth, license, registration, or certification number,
date of issuance, a statement regarding disciplinary actions, if any, taken against the applicant,
and the terms under which the license, registration, or certification was issued.

deleted text begin (b) An applicant applying for license, registration, or certification by endorsement must
be licensed, registered, or certified in another state or Canadian province prior to January
1, 2005, and have completed a 60-hour course and examination in pharmacotherapeutics.
deleted text end

Subd. 3.

Temporary deleted text begin registration deleted text end new text begin permit new text end .

The board may issue a temporary deleted text begin registration deleted text end new text begin
permit new text end to practice as a deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctor to an applicant who is licensed,
registered, or certified in another state or Canadian province and is eligible for deleted text begin registration deleted text end new text begin
licensure new text end under this section, if the application for deleted text begin registration deleted text end new text begin licensure new text end is complete, all
applicable requirements in this section have been met, and a nonrefundable fee has been
paid. The temporary deleted text begin registration deleted text end new text begin permit new text end remains valid only until the meeting of the board
at which time a decision is made on the deleted text begin registered deleted text end naturopathic doctor's application for
deleted text begin registration deleted text end new text begin licensure new text end .

Subd. 4.

deleted text begin Registration deleted text end new text begin License new text end expiration.

deleted text begin Registrations deleted text end new text begin Licenses new text end issued under this
chapter expire annually.

Subd. 5.

Renewal.

(a) To be eligible for deleted text begin registration deleted text end new text begin license new text end renewal a deleted text begin registrant deleted text end new text begin licensee new text end
must:

(1) annually, or as determined by the board, complete a renewal application on a form
provided by the board;

(2) submit the renewal fee;

(3) provide evidence of a total of deleted text begin 25 deleted text end new text begin 30 new text end hours of continuing education approved by the
board as described in section 147E.25; and

(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.

(b) A deleted text begin registrant deleted text end new text begin licensee new text end must maintain a correct mailing address with the board for
receiving board communications, notices, and deleted text begin registration deleted text end new text begin license new text end renewal documents.
Placing the deleted text begin registration deleted text end new text begin license new text end renewal application in first-class United States mail, addressed
to the deleted text begin registrant deleted text end new text begin licensee new text end at the deleted text begin registrant's deleted text end new text begin licensee's new text end last known address with postage prepaid,
constitutes valid service. Failure to receive the renewal documents does not relieve a
deleted text begin registrant deleted text end new text begin licensee new text end of the obligation to comply with this section.

(c) The name of a deleted text begin registrant deleted text end new text begin licensee new text end who does not return a complete deleted text begin registration deleted text end new text begin license new text end
renewal application, annual deleted text begin registration deleted text end new text begin license new text end fee, or late application fee, as applicable,
within the time period required by this section shall be removed from the list of individuals
authorized to practice during the current renewal period. If the deleted text begin registrant's deleted text end new text begin licensee's new text end
registration is reinstated, the deleted text begin registrant's deleted text end new text begin licensee's new text end name shall be placed on the list of
individuals authorized to practice.

Subd. 6.

Change of address.

A deleted text begin registrant deleted text end new text begin licensee new text end who changes addresses must inform
the board within 30 days, in writing, of the change of address. All notices or other
correspondence mailed to or served on a deleted text begin registrant deleted text end new text begin licensee new text end by the board are considered as
having been received by the deleted text begin registrant deleted text end new text begin licensee new text end .

Subd. 7.

deleted text begin Registration deleted text end new text begin License new text end renewal notice.

At least 45 days before the deleted text begin registration deleted text end new text begin
license new text end renewal date, the board shall send out a renewal notice to the last known address of
the deleted text begin registrant deleted text end new text begin licensee new text end on file. The notice must include a renewal application and a notice
of fees required for renewal or instructions for online renewal. It must also inform the
deleted text begin registrant deleted text end new text begin licensee new text end that deleted text begin registration deleted text end new text begin the license new text end will expire without further action by the board
if an application for deleted text begin registration deleted text end new text begin license new text end renewal is not received before the deadline for
renewal. The deleted text begin registrant's deleted text end new text begin licensee's new text end failure to receive this notice does not relieve the deleted text begin registrant deleted text end new text begin
licensee new text end of the obligation to meet the deadline and other requirements for deleted text begin registration deleted text end new text begin license new text end
renewal. Failure to receive this notice is not grounds for challenging expiration of deleted text begin registration deleted text end new text begin
licensure new text end status.

Subd. 8.

Renewal deadline.

The renewal application and fee must be postmarked on or
before deleted text begin December 31 of the year of renewal deleted text end new text begin the deadline established by the board new text end . If the
postmark is illegible, the application is considered timely if received by the third working
day after the deadline.

Subd. 9.

Inactive status and return to active status.

(a) A deleted text begin registrant deleted text end new text begin licensee new text end may be
placed in inactive status upon application to the board by the deleted text begin registrant deleted text end new text begin licensee new text end and upon
payment of an inactive status fee.

(b) deleted text begin Registrants deleted text end new text begin Licensees new text end seeking restoration to active from inactive status must pay the
current renewal fees and all unpaid back inactive fees. They must meet the criteria for
renewal specified in subdivision 5, including continuing education hours.

(c) deleted text begin Registrants deleted text end new text begin Licensees new text end whose inactive status period has been five years or longer must
additionally have a period of no less than eight weeks of advisory council-approved
supervision by another deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctor.

Subd. 10.

deleted text begin Registration deleted text end new text begin Licensure new text end following lapse of deleted text begin registration deleted text end new text begin licensure new text end status for
two years or less.

For any individual whose deleted text begin registration deleted text end new text begin licensure new text end status has lapsed for two
years or less, to regain deleted text begin registration status deleted text end new text begin a license new text end , the individual must:

(1) apply for deleted text begin registration deleted text end new text begin license new text end renewal according to subdivision 5;

(2) document compliance with the continuing education requirements of section 147E.25
since the deleted text begin registrant's deleted text end new text begin licensee's new text end initial deleted text begin registration deleted text end new text begin licensure new text end or last renewal; and

(3) submit the fees required under section 147E.40 for the period not deleted text begin registered deleted text end new text begin licensed new text end ,
including the fee for late renewal.

Subd. 10a.

Registration following lapse of registered status; transition.

(a) A registrant
whose registration has lapsed under subdivision 10 before January 1, 2020, and who seeks
to regain registered status after January 1, 2020, shall be treated as a first-time registrant
only for purposes of establishing a registration renewal schedule, and shall not be subject
to the registration cycle conversion provisions in section 147E.45.

(b) This subdivision expires July 1, 2022.

Subd. 11.

Cancellation due to nonrenewal.

The board shall not renew, reissue, reinstate,
or restore a deleted text begin registration deleted text end new text begin license new text end that has lapsed and has not been renewed within two annual
deleted text begin registration deleted text end renewal cycles deleted text begin starting January 2009 deleted text end . A deleted text begin registrant deleted text end new text begin licensee new text end whose deleted text begin registration deleted text end new text begin
license new text end is canceled for nonrenewal must obtain a new deleted text begin registration deleted text end new text begin license new text end by applying for
deleted text begin registration deleted text end new text begin licensure new text end and fulfilling all requirements then in existence for initial deleted text begin registration deleted text end new text begin
licensure new text end as a deleted text begin registered deleted text end naturopathic doctor.

Subd. 12.

Cancellation of deleted text begin registration deleted text end new text begin licensure new text end in good standing.

(a) A deleted text begin registrant deleted text end new text begin
licensee new text end holding an active deleted text begin registration deleted text end new text begin license new text end as a deleted text begin registered deleted text end naturopathic doctor in the state
may, upon approval of the board, be granted deleted text begin registration deleted text end new text begin license new text end cancellation if the board
is not investigating the person as a result of a complaint or information received or if the
board has not begun disciplinary proceedings against the deleted text begin registrant deleted text end new text begin licensee new text end . Such action
by the board must be reported as a cancellation of deleted text begin registration deleted text end new text begin licensure new text end in good standing.

(b) A deleted text begin registrant deleted text end new text begin licensee new text end who receives board approval for deleted text begin registration deleted text end new text begin licensure new text end
cancellation is not entitled to a refund of any deleted text begin registration deleted text end fees paid for the deleted text begin registration deleted text end new text begin
licensure new text end year in which cancellation deleted text begin of the registration deleted text end occurred.

(c) To obtain deleted text begin registration deleted text end new text begin licensure new text end after cancellation, a deleted text begin registrant deleted text end new text begin licensee new text end must obtain
a new deleted text begin registration deleted text end new text begin license new text end by deleted text begin applying for registration deleted text end new text begin submitting an application new text end and fulfilling
the requirements then in existence for obtaining initial deleted text begin registration deleted text end new text begin licensure new text end as a deleted text begin registered deleted text end
naturopathic doctor.

Subd. 13.

Emeritus status deleted text begin of registration deleted text end .

A deleted text begin registrant deleted text end new text begin licensee new text end may change the status
of the deleted text begin registration deleted text end new text begin license new text end to "emeritus" by filing the appropriate forms and paying the
onetime fee of $50 to the board. This status allows the deleted text begin registrant deleted text end new text begin licensee new text end to retain the title
of deleted text begin registered deleted text end naturopathic doctor but restricts the deleted text begin registrant deleted text end new text begin licensee new text end from actively seeing
patients.

Sec. 10.

Minnesota Statutes 2020, section 147E.20, is amended to read:

147E.20 BOARD ACTION ON APPLICATIONS FOR deleted text begin REGISTRATION deleted text end new text begin
LICENSURE new text end .

(a) The board shall act on each application for deleted text begin registration deleted text end new text begin licensure new text end according to
paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for deleted text begin registration deleted text end new text begin
licensure new text end under section 147E.15. The board or advisory council may investigate information
provided by an applicant to determine whether the information is accurate and complete.

(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying deleted text begin registration deleted text end new text begin licensure new text end if deleted text begin registration deleted text end new text begin licensure new text end is denied, and the
applicant's right to review under paragraph (d).

(d) Applicants denied deleted text begin registration deleted text end new text begin licensure new text end may make a written request to the board,
within 30 days of the board's notice, to appear before the advisory council or the board and
for the advisory council to review the board's decision to deny the applicant's deleted text begin registration deleted text end new text begin
licensure new text end . After reviewing the denial, the advisory council shall make a recommendation
to the board as to whether the denial shall be affirmed. Each applicant is allowed only one
request for review each yearly deleted text begin registration deleted text end new text begin licensure new text end period.

Sec. 11.

Minnesota Statutes 2020, section 147E.25, subdivision 1, is amended to read:

Subdivision 1.

Number of required contact hours.

(a) A deleted text begin registrant deleted text end new text begin licensee new text end applying
for deleted text begin registration deleted text end new text begin license new text end renewal must complete a minimum of deleted text begin 25 deleted text end new text begin 30 new text end contact hours of
board-approved continuing education in the year preceding deleted text begin registration deleted text end new text begin license new text end renewal,
with the exception of the deleted text begin registrant's deleted text end new text begin licensee's new text end first incomplete year, and attest to completion
of continuing education requirements by reporting to the board.

(b) Of the deleted text begin 25 deleted text end new text begin 30 new text end contact hours of continuing education requirement in paragraph (a), at
least deleted text begin five deleted text end new text begin ten new text end hours of continuing education must be in pharmacotherapeutics.

Sec. 12.

Minnesota Statutes 2020, section 147E.25, subdivision 2, is amended to read:

Subd. 2.

Approved programs.

The board shall approve continuing education programs
that have been approved for continuing education credit by the American Association of
Naturopathic Physicians or any of its constituent state associations, new text begin the North American
Naturopathic Continuing Education Accreditation Council (NANCEAC), new text end the American
Chiropractic Association or any of its constituent state associations, the American Osteopathic
Association Bureau of Professional Education, the American Pharmacists Association or
any of its constituent state associations, or an organization approved by the Accreditation
Council for Continuing Medical Education new text begin , or an organization defined in Minnesota Rules,
part 5605.0300 or 5605.0700 new text end .

Sec. 13.

Minnesota Statutes 2020, section 147E.25, subdivision 4, is amended to read:

Subd. 4.

Accumulation of contact hours.

A deleted text begin registrant deleted text end new text begin licensee new text end may not apply contact
hours acquired in one one-year reporting period to a future continuing education reporting
period.

Sec. 14.

Minnesota Statutes 2020, section 147E.25, subdivision 5, is amended to read:

Subd. 5.

Verification of continuing education credits.

The board shall periodically
select a random sample of deleted text begin registrants deleted text end new text begin licensees new text end and require those deleted text begin registrants deleted text end new text begin licensees new text end to
supply the board with evidence of having completed the continuing education to which they
attested. Documentation may come directly from the deleted text begin registrants deleted text end new text begin licensees new text end from state or
national organizations that maintain continuing education records.

Sec. 15.

Minnesota Statutes 2020, section 147E.25, subdivision 7, is amended to read:

Subd. 7.

Restriction on continuing education topics.

(a) A deleted text begin registrant deleted text end new text begin licensee new text end may
apply no more than five hours of practice management to a one-year reporting period.

(b) A deleted text begin registrant deleted text end new text begin licensee new text end may apply no more than 15 hours to any single subject area.

Sec. 16.

Minnesota Statutes 2020, section 147E.25, subdivision 8, is amended to read:

Subd. 8.

Continuing education exemptions.

The board may exempt any person holding
a deleted text begin registration deleted text end new text begin license new text end under this chapter from the requirements of subdivision 1 upon
application showing evidence satisfactory to the board of inability to comply with the
requirements because of physical or mental condition or because of other unusual or
extenuating circumstances. However, no person may be exempted from the requirements
of subdivision 1 more than once in any five-year period.

Sec. 17.

Minnesota Statutes 2020, section 147E.30, is amended to read:

147E.30 DISCIPLINE; REPORTING.

For purposes of this chapter, deleted text begin registered deleted text end naturopathic doctors and applicants are subject
to sections 147.091 to 147.162 new text begin , including the reporting obligations included in section
147.111 new text end .

Sec. 18.

Minnesota Statutes 2020, section 147E.35, is amended to read:

147E.35 deleted text begin REGISTERED deleted text end NATUROPATHIC DOCTOR ADVISORY COUNCIL.

Subdivision 1.

Membership.

The board shall appoint a seven-member deleted text begin Registered deleted text end
Naturopathic Doctor Advisory Council consisting of one public member as defined in section
214.02, five deleted text begin registered deleted text end naturopathic doctors who are residents of the state, and one licensed
physician or osteopathic physician with new text begin experience working with naturopathic doctors and
new text end expertise in natural medicine.

new text begin Subd. 1a. new text end

new text begin Transition to licensed members. new text end

new text begin The five naturopathic doctors appointed to
and serving on the advisory council must apply for and be issued a license under this chapter
by January 1, 2024, to remain a member of the advisory council. If any of the five members
required to be licensed is not licensed by January 1, 2024, the board shall appoint a licensed
naturopathic doctor to replace the member.
new text end

Subd. 2.

Organization.

The advisory council shall be organized and administered under
section 15.059. Section 15.059, subdivision 2, does not apply to this section. Members shall
serve two-year terms, and shall serve until their successors have been appointed. The council
shall select a chair from its membership.

Subd. 3.

Duties.

The advisory council shall:

(1) advise the board regarding standards for deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctors;

(2) provide for distribution of information regarding deleted text begin registered deleted text end new text begin licensed new text end naturopathic
doctors standards;

(3) advise the board on enforcement of sections 147.091 to 147.162;

(4) review applications and recommend granting or denying deleted text begin registration deleted text end new text begin licensure new text end or
deleted text begin registration deleted text end new text begin license new text end renewal;

(5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
deleted text begin registered deleted text end naturopathic doctors;

(6) advise the board regarding approval of continuing education programs using the
criteria in section 147E.25, subdivision 3; and

(7) perform other duties authorized for advisory councils by chapter 214, as directed by
the board.

Sec. 19.

Minnesota Statutes 2020, section 147E.40, subdivision 1, is amended to read:

Subdivision 1.

Fees.

(a) Fees are as follows:

(1) deleted text begin registration deleted text end new text begin license new text end application fee, $200;

(2) renewal fee, $150;

(3) late fee, $75;

(4) inactive status fee, $50;

(5) temporary permit fee, $25;

(6) naturopathic doctor certification fee, $25;

(7) naturopathic doctor duplicate license fee, $20;

(8) naturopathic doctor emeritus deleted text begin registration deleted text end new text begin licensure new text end fee, $50;

deleted text begin (9) naturopathic doctor certification fee, $25;
deleted text end

deleted text begin (10) duplicate license or registration fee, $20;
deleted text end

deleted text begin (11) deleted text end new text begin (9) new text end certification letter fee, $25;

deleted text begin (12) deleted text end new text begin (10) new text end verification fee, $25;

deleted text begin (13) deleted text end new text begin (11) new text end education or training program approval fee, $100; and

deleted text begin (14) deleted text end new text begin (12) new text end report creation and generation fee, $60 per hour billed in quarter-hour
increments with a quarter-hour minimum.

(b) The revenue generated from the fees must be deposited in an account in the state
government special revenue fund.

Sec. 20.

Minnesota Statutes 2020, section 147E.40, subdivision 2, is amended to read:

Subd. 2.

Proration of fees.

The board may prorate the initial annual deleted text begin registration deleted text end new text begin license new text end
fee. All deleted text begin registrants deleted text end new text begin licensees new text end are required to pay the full fee upon deleted text begin registration deleted text end new text begin license new text end renewal.

Sec. 21.

Minnesota Statutes 2020, section 147E.40, subdivision 3, is amended to read:

Subd. 3.

Penalty fee for late renewals.

An application for deleted text begin registration deleted text end new text begin license new text end renewal
submitted after the deadline must be accompanied by a late fee in addition to the required
fees.

Sec. 22.

Minnesota Statutes 2020, section 319B.02, subdivision 19, is amended to read:

Subd. 19.

Professional services.

"Professional services" means services of the type
required or permitted to be furnished by a professional under a license, registration, or
certificate issued by the state of Minnesota to practice medicine and surgery under sections
147.01 to 147.22, as a physician assistant pursuant to sections 147A.01 to 147A.27,
new text begin naturopathic medicine under sections 147E.01 to 147E.45, new text end chiropractic under sections
148.01 to 148.105, registered nursing under sections 148.171 to 148.285, optometry under
sections 148.52 to 148.62, psychology under sections 148.88 to 148.98, social work under
chapter 148E, marriage and family therapy under sections 148B.29 to 148B.39, professional
counseling under sections 148B.50 to 148B.593, dentistry and dental hygiene under sections
150A.01 to 150A.12, pharmacy under sections 151.01 to 151.40, podiatric medicine under
sections 153.01 to 153.25, veterinary medicine under sections 156.001 to 156.14, architecture,
engineering, surveying, landscape architecture, geoscience, and certified interior design
under sections 326.02 to 326.15, accountancy under chapter 326A, or law under sections
481.01 to 481.17, or under a license or certificate issued by another state under similar laws.
Professional services includes services of the type required to be furnished by a professional
pursuant to a license or other authority to practice law under the laws of a foreign nation.

Sec. 23.

Minnesota Statutes 2020, section 319B.40, is amended to read:

319B.40 PROFESSIONAL HEALTH SERVICES.

(a) Individuals who furnish professional services pursuant to a license, registration, or
certificate issued by the state of Minnesota to practice medicine pursuant to sections 147.01
to 147.22, as a physician assistant pursuant to sections 147A.01 to 147A.27, new text begin naturopathic
medicine pursuant to sections 147E.01 to 147E.45, new text end chiropractic pursuant to sections 148.01
to 148.106, registered nursing pursuant to sections 148.171 to 148.285, optometry pursuant
to sections 148.52 to 148.62, psychology pursuant to sections 148.88 to 148.98, social work
pursuant to chapter 148D, marriage and family therapy pursuant to sections 148B.29 to
148B.39, dentistry pursuant to sections 150A.01 to 150A.12, pharmacy pursuant to sections
151.01 to 151.40, or podiatric medicine pursuant to sections 153.01 to 153.26 are specifically
authorized to practice any of these categories of services in combination if the individuals
are organized under this chapter.

(b) This authorization does not authorize an individual to practice any profession, or
furnish a professional service, for which the individual is not licensed, registered, or certified,
but otherwise applies regardless of any contrary provision of a licensing statute or rules
adopted pursuant to that statute, related to practicing and organizing in combination with
other health services professionals.

Sec. 24. new text begin CONVERSION FROM REGISTRATION TO LICENSURE.
new text end

new text begin Beginning July 1, 2022, upon the next registration renewal, the Board of Medical Practice
shall convert a valid naturopathic doctor registration to a license to practice naturopathic
medicine under Minnesota Statutes, chapter 147E. Beginning July 1, 2022, and until
registration renewal and conversion to a license, a valid registration issued under Minnesota
Statutes, chapter 147E, shall be considered the equivalent to a license to practice naturopathic
medicine.
new text end

Sec. 25. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 24 are effective July 1, 2022.
new text end