HF 719

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/23/2023 03:32pm

A bill for an act
relating to health occupations; prohibiting unlicensed complementary and alternative
health care practitioners from using hypnosis or hypnotherapy; requiring
background studies for registered naturopathic doctors; establishing fee; amending
Minnesota Statutes 2022, sections 146A.01, subdivision 4; 147E.40, subdivision
1; 214.075, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, 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) naturopathy; (21)
noninvasive instrumentalities; and (22) 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).

new text begin (d) Complementary and alternative health care practices do not include hypnosis,
hypnotherapy, or any other treatment method involving induced altered consciousness for
therapeutic purposes.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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 2022, section 147E.40, subdivision 1, is amended to read:

Subdivision 1.

Fees.

(a) Fees are as follows:

(1) registration 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 registration fee, $50;

(9) naturopathic doctor certification fee, $25;

(10) duplicate license or registration fee, $20;

(11) certification letter fee, $25;

(12) verification fee, $25;

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

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

new text begin (15) criminal background check fee, $33.25.
new text end

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

Sec. 3.

Minnesota Statutes 2022, section 214.075, subdivision 1, is amended to read:

Subdivision 1.

Applications.

(a) Each health-related licensing board, as defined in
section 214.01, subdivision 2, shall require the following individuals to submit to a criminal
history records check of state data completed by the Bureau of Criminal Apprehension
(BCA) and a national criminal history records check, including a search of the records of
the Federal Bureau of Investigation (FBI):

(1) applicants for initial licensure or licensure by endorsement. An applicant is exempt
from this paragraph if the applicant submitted to a state and national criminal history records
check as described in this paragraph for a license issued by the same board;

(2) applicants seeking reinstatement or relicensure, as defined by the individual
health-related licensing board, if more than one year has elapsed since the applicant's license
or registration expiration date; deleted text begin or
deleted text end

(3) licensees applying for eligibility to participate in an interstate licensure compact deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (4) applicants for naturopathic doctor registration, registration by endorsement, or
reregistration following lapse of registration status if more than one year has elapsed since
the applicant's registration expiration date.
new text end

(b) An applicant's criminal background check results are valid for one year from the
date the background check results were received by the board. If more than one year has
elapsed since the results were received by the board, then an applicant who has not completed
the licensure, reinstatement, or relicensure process must complete a new background check.