1.1 	A bill for an act
1.2 	relating to health; providing for licensing of
1.3 	naturopathic doctors; providing criminal penalties;
1.4 	amending Minnesota Statutes 2004, sections 62J.54,
1.5 	subdivision 2; 116J.70, subdivision 2a; 144.335,
1.6 	subdivision 1; 145.61, subdivision 2; 146.23,
1.7 	subdivision 7; 148B.60, subdivision 3; 151.01,
1.8 	subdivision 23; 214.23, subdivision 1; 604A.01,
1.9 	subdivision 2; 604A.015; proposing coding for new law
1.10 	as Minnesota Statutes, chapter 147E.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	GENERAL

1.14 	Section 1. [147E.01] DEFINITIONS.
1.15 	Subdivision 1.Applicability. The definitions in this
1.16 	section apply to this chapter.
1.17 	Subd. 2.Advisory council. "Advisory council" means the
1.18 	Licensed Naturopathic Doctor Advisory Council established under
1.19 	section 147E.35.
1.20 	Subd. 3.Approved naturopathic medical
1.21 	program. "Approved naturopathic medical program" means a
1.22 	naturopathic medical education program in the United States or
1.23 	Canada accredited by the Council on Naturopathic Medical
1.24 	Education or an equivalent federally recognized accrediting body
1.25 	for the naturopathic medical profession recognized by the
1.26 	board.  This program must offer graduate-level full-time
1.27 	didactic and supervised clinical training leading to the degree
1.28 	of Doctor of Naturopathy or Doctor of Naturopathic Medicine.
2.1 	The program must be an institution, or part of an institution,
2.2 	of higher education that at the time the student completes the
2.3 	program is:
2.4 	(1) either accredited or is a candidate for accreditation
2.5 	by a regional institution accrediting agency recognized by the
2.6 	United States Secretary of Education; or 
2.7 	(2) a degree granting college or university that offers a
2.8 	full-time structured curriculum in basic sciences and supervised
2.9 	patient care comprising a doctoral naturopathic medical
2.10 	education that is at least 132 weeks in duration, must be
2.11 	completed in at least 35 months, and is reputable and in good
2.12 	standing in the judgment of the board.
2.13 	Subd. 4.Board. "Board" means the Board of Medical
2.14 	Practice or its designee.
2.15 	Subd. 5.Contact hour. "Contact hour" means an
2.16 	instructional session of 50 consecutive minutes, excluding
2.17 	coffee breaks, registration, meals without a speaker, and social
2.18 	activities.
2.19 	Subd. 6.Homeopathic preparations. "Homeopathic
2.20 	preparations" means medicines prepared according to the
2.21 	Homeopathic Pharmacopoeia of the United States.
2.22 	Subd. 7.Licensed naturopathic doctor. "Licensed
2.23 	naturopathic doctor" means a person authorized and licensed to
2.24 	practice naturopathic medicine under this chapter.
2.25 	Subd. 8.Minor office procedures. "Minor office
2.26 	procedures" means the use of operative, electrical, or other
2.27 	methods for the surgical repair and care incidental to
2.28 	superficial lacerations and abrasions, superficial lesions, and
2.29 	the removal of foreign bodies located in the superficial tissues
2.30 	and the use of antiseptics and local anesthetics in connection
2.31 	with such methods, except that it shall not include general or
2.32 	spinal anesthetics, major surgery, surgery of the body cavities,
2.33 	or specialized surgeries such as plastic surgery, surgery
2.34 	involving the eye, or surgery when tendons are involved.
2.35 	Subd. 9.Naturopathic childbirth. "Naturopathic
2.36 	childbirth" means natural childbirth which includes the use of
3.1 	natural obstetrical medicines, ophthalmic antibiotics,
3.2 	obstetrical emergency medicines, and minor office procedures
3.3 	including episiotomies and repair of first and second degree
3.4 	perineal tears, but which does not include the use of forceps
3.5 	delivery, general or spinal anesthesia, or cesarean section.
3.6 	Subd. 10.Naturopathic licensing
3.7 	examination. "Naturopathic licensing examination" means the
3.8 	Naturopathic Physicians Licensing Examination or its successor
3.9 	administered by the North American Board of Naturopathic
3.10 	Examiners or its successor as recognized by the board.
3.11 	Subd. 11.Naturopathic manipulative
3.12 	therapy. "Naturopathic manipulative therapy" means the manually
3.13 	administered, mechanical treatment of body structures or
3.14 	tissues, in accordance with naturopathic principles, for the
3.15 	purpose of restoring normal physiological function to the body
3.16 	by normalizing and balancing the musculoskeletal system of the
3.17 	body.
3.18 	Subd. 12.Naturopathic medicine. "Naturopathic medicine"
3.19 	means a system of primary health care practiced by licensed
3.20 	naturopathic doctors for the prevention, diagnosis, and
3.21 	treatment of human health conditions, injuries, and diseases
3.22 	that uses:
3.23 	(1) medical diagnostics and treatments as described in
3.24 	section 147E.05; and 
3.25 	(2) natural health procedures and treatments that do not
3.26 	require licensure as defined in chapter 146A.
3.27 	Subd. 13.Naturopathic physical medicine. "Naturopathic
3.28 	physical medicine" includes, but is not limited to, the
3.29 	therapeutic use of the physical agents of air, water, heat,
3.30 	cold, sound, light, and electromagnetic nonionizing radiation
3.31 	and the physical modalities of electrotherapy, diathermy,
3.32 	ultraviolet light, ultrasound, hydrotherapy, massage,
3.33 	stretching, colon hydrotherapy, naturopathic manipulative
3.34 	therapy, frequency specific microcurrent, electrical muscle
3.35 	stimulation, transcutaneous electrical nerve stimulation, and
3.36 	therapeutic exercise.

4.1 	Sec. 2. [147E.05] SCOPE OF PRACTICE.
4.2 	(a) The practice of naturopathic medicine by a licensed
4.3 	naturopathic doctor includes, but is not limited to, the
4.4 	following services:
4.5 	(1) using, administering, prescribing, or dispensing for
4.6 	preventive and therapeutic purposes:  food, extracts of food,
4.7 	nutraceuticals, vitamins, minerals, amino acids, enzymes,
4.8 	botanicals and their extracts, botanical medicines, homeopathic
4.9 	medicines, all dietary supplements and nonprescription drugs as
4.10 	defined by the federal Food, Drug, and Cosmetic Act, glandulars,
4.11 	protomorphogens, lifestyle counseling, hypnotherapy,
4.12 	biofeedback, dietary therapy, electrotherapy, ultrasound,
4.13 	galvanic therapy, naturopathic physical medicine, oxygen,
4.14 	therapeutic devices, barrier devices for contraception, and
4.15 	minor office procedures;
4.16 	(2) performing or ordering for diagnostic purposes physical
4.17 	and orificial examinations, electrocardiograms, ultrasound,
4.18 	phlebotomy, clinical laboratory tests and examinations, and
4.19 	physiological function tests;
4.20 	(3) ordering diagnostic imaging studies including x-ray,
4.21 	ultrasound, mammogram, bone densitometry, and referring the
4.22 	studies to an appropriately licensed health care professional to
4.23 	conduct the study and interpret the results;
4.24 	(4) prescribing nonprescription medications and therapeutic
4.25 	devices or using noninvasive diagnostic procedures commonly used
4.26 	by physicians in general practice;
4.27 	(5) utilizing routes of administration that include oral,
4.28 	nasal, auricular, ocular, rectal, vaginal, transdermal,
4.29 	intradermal, subcutaneous, intravenous, and intramuscular;
4.30 	(6) prescribing or performing naturopathic physical
4.31 	medicine; and 
4.32 	(7) prescribing all legend and schedule III, IV, and V
4.33 	controlled substances.
4.34 	(b) The practice of naturopathic medicine does not include:
4.35 	(1) administering therapeutic ionizing radiation or
4.36 	radioactive substances;
4.37 	(2) administering general or spinal anesthesia;
5.1 	(3) prescribing, dispensing, or administering schedule II
5.2 	controlled substances, including chemotherapeutic substances;
5.3 	(4) performing major surgery, plastic surgery, or
5.4 	specialized surgeries; or 
5.5 	(5) performing or inducing abortions.

5.6 	Sec. 3. [147E.06] PROFESSIONAL CONDUCT.
5.7 	Subdivision 1.Informed consent. The licensee shall
5.8 	obtain informed consent from the patient after advising the
5.9 	patient of the licensee's qualifications including education,
5.10 	license information, and outline of the scope of practice of
5.11 	licensed naturopathic doctors in Minnesota.  This information
5.12 	must be supplied to the patient in writing before or at the time
5.13 	of the initial visit.
5.14 	Subd. 2.Patient records. (a) A licensed naturopathic
5.15 	doctor shall maintain a record for each patient treated for
5.16 	seven years, including:
5.17 	(1) a copy of the informed consent;
5.18 	(2) evidence of a patient interview concerning the
5.19 	patient's medical history and current physical condition;
5.20 	(3) evidence of an examination and diagnosis;
5.21 	(4) record of the treatment; and 
5.22 	(5) evidence of evaluation and instructions given to the
5.23 	patient, including acknowledgment by the patient in writing
5.24 	that, if deemed necessary by the licensed naturopathic doctor,
5.25 	the patient has been advised to consult with another health care
5.26 	provider.
5.27 	(b) A licensed naturopathic doctor shall maintain the
5.28 	records of minor patients for seven years or until the minor's
5.29 	19th birthday, whichever is longer.
5.30 	Subd. 3.Data practices. Data maintained on a
5.31 	naturopathic patient by a licensee is subject to section 144.336.
5.32 	Subd. 4.[STATE AND MUNICIPAL PUBLIC HEALTH REGULATIONS. A
5.33 	licensed naturopathic doctor shall comply with all applicable
5.34 	state and municipal requirements regarding public health.

5.35 	Sec. 4. [147E.10] LICENSURE.
5.36 	Subdivision 1.Licensure required. After July 1, 2006,
6.1 	persons who practice naturopathic medicine, or represent
6.2 	themselves as practicing naturopathic medicine by use of a term
6.3 	in subdivision 2, shall conspicuously display the license in the
6.4 	place of practice.
6.5 	Subd. 2.Designation. No individual may use the title
6.6 	"licensed naturopathic doctor," "naturopathic doctor," "doctor
6.7 	of naturopathic medicine," or use, in connection with the
6.8 	individual's name, the letters "N.D." and "L.N.D.," or any other
6.9 	titles, words, letters, abbreviations, or insignia indicating or
6.10 	implying that the individual is eligible for licensure by the
6.11 	state as a licensed naturopathic doctor unless the individual
6.12 	has been licensed as a licensed naturopathic doctor according to
6.13 	this chapter.
6.14 	Subd. 3.Other health care practitioners. (a)
6.15 	Nonphysician individuals practicing in a health care occupation
6.16 	or profession are not restricted in the provision of services
6.17 	included in section 147E.05, as long as they do not hold
6.18 	themselves out as licensed naturopathic doctors by or through
6.19 	the use of the titles provided in subdivision 2 in association
6.20 	with provision of these services.
6.21 	(b) Nothing in this chapter may be construed to prohibit or
6.22 	to restrict:
6.23 	(1) the practice of a profession by individuals who are
6.24 	licensed, certified, or registered under other laws of this
6.25 	state and are performing services within their authorized scope
6.26 	of practice;
6.27 	(2) the practice of naturopathic medicine by an individual
6.28 	licensed in another state and employed by the government of the
6.29 	United States while the individual is engaged in the performance
6.30 	of duties prescribed by the laws and regulations of the United
6.31 	States;
6.32 	(3) the practice by a naturopathic physician duly licensed
6.33 	in another state, territory, or the District of Columbia when
6.34 	incidentally called into this state for consultation with a
6.35 	Minnesota licensed physician or Minnesota licensed naturopathic
6.36 	doctor;
7.1 	(4) the practice of naturopathic medicine by students
7.2 	enrolled in an approved naturopathic medical college if the
7.3 	performance of services is pursuant to a course of instruction
7.4 	or assignments from, and under the supervision of an instructor
7.5 	who is a licensed physician, osteopath, chiropractor, or
7.6 	naturopathic doctor;
7.7 	(5) an individual rendering aid in an emergency, when no
7.8 	fee or other consideration for the service is charged, received,
7.9 	expected, or contemplated;
7.10 	(6) an individual administering a remedy to a family
7.11 	member;
7.12 	(7) a person engaged in the sale of vitamins, health foods,
7.13 	dietary supplements, and other products of nature, the sale of
7.14 	which is not otherwise prohibited under state or federal law
7.15 	except that this clause does not:
7.16 	(i) allow that person to diagnose any human disease,
7.17 	ailment, injury, infirmity, deformity, or other condition; or 
7.18 	(ii) prohibit providing truthful and nonmisleading
7.19 	information regarding anything in this clause;
7.20 	(8) a person engaged in good faith in the practice of
7.21 	religious tenets of any religious belief, without the use of
7.22 	prescription drugs;
7.23 	(9) a person acting in good faith for religious reasons as
7.24 	a matter of conscience or as a personal belief when obtaining or
7.25 	providing information regarding health care and the use of any
7.26 	product under clause (7); and 
7.27 	(10) persons not licensed by this chapter from the use of
7.28 	individual modalities which comprise the practice of
7.29 	naturopathic medicine, such as the use of nutritional
7.30 	supplements, herbs, foods, homeopathic preparations, and such
7.31 	physical forces as heat, cold, water, touch, and light so long
7.32 	as these modalities are not performed in a manner that
7.33 	constitutes the practice of naturopathic medicine.
7.34 	Subd. 4.Penalty. A person violating subdivision 2 is
7.35 	guilty of a gross misdemeanor.

7.36 	Sec. 5. [147E.15] LICENSURE REQUIREMENTS.
8.1 	Subdivision 1.General requirements for licensure. To be
8.2 	eligible for licensure, an applicant, with the exception of
8.3 	those seeking licensure by endorsement or reciprocity under
8.4 	subdivision 2, must:
8.5 	(1) submit a completed application on forms provided by the
8.6 	board along with all fees required under section 147E.40 that
8.7 	includes:
8.8 	(i) the applicant's name, Social Security number, home
8.9 	address and telephone number, and business address and telephone
8.10 	number;
8.11 	(ii) the name and location of the naturopathic medical
8.12 	program the applicant completed;
8.13 	(iii) a list of degrees received from other educational
8.14 	institutions;
8.15 	(iv) a description of the applicant's professional training
8.16 	beyond the first degree received;
8.17 	(v) a list of registrations, certifications, and licenses
8.18 	held in other jurisdictions;
8.19 	(vi) a description of any other jurisdiction's refusal to
8.20 	credential the applicant;
8.21 	(vii) a description of all professional disciplinary
8.22 	actions initiated against the applicant in any jurisdiction; and 
8.23 	(viii) any history of drug or alcohol abuse, and any
8.24 	misdemeanor or felony conviction;
8.25 	(2) submit a copy of a diploma from an approved
8.26 	naturopathic medical education program;
8.27 	(3) have successfully passed the Naturopathic Physicians
8.28 	Licensing Examination, a competency-based national naturopathic
8.29 	licensing examination administered by the North American Board
8.30 	of Naturopathic Examiners or successor agency as recognized by
8.31 	the board; passing scores are determined by the Naturopathic
8.32 	Physicians Licensing Examination;
8.33 	(4) submit additional information as requested by the
8.34 	board, including providing any additional information necessary
8.35 	to ensure that the applicant is able to practice with reasonable
8.36 	skill and safety to the public;
9.1 	(5) sign a statement that the information in the
9.2 	application is true and correct to the best of the applicant's
9.3 	knowledge and belief; and 
9.4 	(6) sign a waiver authorizing the board to obtain access to
9.5 	the applicant's records in this or any other state in which the
9.6 	applicant has completed an approved naturopathic medical program
9.7 	or engaged in the practice of naturopathic medicine.
9.8 	Subd. 2.Licensure by endorsement; reciprocity. To be
9.9 	eligible for licensure by endorsement or reciprocity, the
9.10 	applicant must hold a current naturopathic license in another
9.11 	state, Canadian province, the District of Columbia, or territory
9.12 	of the United States, whose standards for licensure are at least
9.13 	equivalent to those of Minnesota, and must:
9.14 	(1) submit the application materials and fees as required
9.15 	by subdivision 1, clauses (1), (2), and (4) to (6);
9.16 	(2) have successfully passed either:
9.17 	(i) the Naturopathic Physicians Licensing Examination; or 
9.18 	(ii) if prior to 1986, the state or provincial naturopathic
9.19 	board licensing examination required by that regulating state or
9.20 	province;
9.21 	(3) provide a verified copy from the appropriate government
9.22 	body of a current license for the practice of naturopathic
9.23 	medicine in another jurisdiction that has initial licensing
9.24 	requirements equivalent to or higher than the requirements in
9.25 	subdivision 1; and 
9.26 	(4) provide letters of verification from the appropriate
9.27 	government body in each jurisdiction in which the applicant
9.28 	holds a license.  Each letter must state the applicant's name,
9.29 	date of birth, license number, date of issuance, a statement
9.30 	regarding disciplinary actions, if any, taken against the
9.31 	applicant, and the terms under which the license was issued.
9.32 	Subd. 3.Temporary permit. The board may issue a
9.33 	temporary permit to practice as a licensed naturopathic doctor
9.34 	to an applicant eligible for licensure under this section if the
9.35 	application for licensure is complete, all applicable
9.36 	requirements in this section have been met, and a nonrefundable
10.1 	fee has been paid.  The permit remains valid only until the
10.2 	meeting of the board at which a decision is made on the licensed
10.3 	naturopathic doctor's application for licensure.
10.4 	Subd. 4.Licensure expiration. Licenses issued under
10.5 	this chapter expire annually.
10.6 	Subd. 5.Renewal. (a) To be eligible for licensure
10.7 	renewal a licensee must:
10.8 	(1) annually, or as determined by the board, complete a
10.9 	renewal application on a form provided by the board;
10.10 	(2) submit the renewal fee;
10.11 	(3) provide evidence of a total of 25 hours of continuing
10.12 	education approved by the board as described in section 147E.25;
10.13 	and 
10.14 	(4) submit any additional information requested by the
10.15 	board to clarify information presented in the renewal
10.16 	application.  The information must be submitted within 30 days
10.17 	after the board's request, or the renewal request is nullified.
10.18 	Subd. 6.Change of address. A licensee who changes
10.19 	addresses must inform the board within 30 days, in writing, of
10.20 	the change of address.  All notices or other correspondence
10.21 	mailed to or served on a licensee by the board are considered as
10.22 	having been received by the licensee.
10.23 	Subd. 7.Licensure renewal notice. At least 45 days
10.24 	before the licensure renewal date, the board shall send out a
10.25 	renewal notice to the last known address of the licensee on
10.26 	file.  The notice must include a renewal application and a
10.27 	notice of fees required for renewal or instructions for online
10.28 	renewal.  It must also inform the licensee that licensure will
10.29 	expire without further action by the board if an application for
10.30 	licensure renewal is not received before the deadline for
10.31 	renewal.  The licensee's failure to receive this notice does not
10.32 	relieve the licensee of the obligation to meet the deadline and
10.33 	other requirements for registration renewal.  Failure to receive
10.34 	this notice is not grounds for challenging expiration of
10.35 	licensed status.
10.36 	Subd. 8.Renewal deadline. The renewal application and
11.1 	fee must be postmarked on or before December 31 of the year of
11.2 	renewal.  If the postmark is illegible, the application is
11.3 	considered timely if received by the third working day after the
11.4 	deadline.
11.5 	Subd. 9.Inactive status and return to active
11.6 	status. (a) A licensee may be placed in inactive status upon
11.7 	application to the board by the licensee and upon payment of an
11.8 	inactive status fee.
11.9 	(b) Licensees seeking restoration to active from inactive
11.10 	status must pay the current renewal fees and all unpaid back
11.11 	inactive fees.  They must meet the criteria for renewal
11.12 	specified in subdivision 5, including continuing education hours.
11.13 	(c) Licensees whose inactive status period has been five
11.14 	years or longer must additionally have a period of no less than
11.15 	eight weeks of advisory council-approved supervision by another
11.16 	licensed naturopathic doctor.
11.17 	Subd. 10.Licensing following lapse of licensed status
11.18 	for two years or less. For any individual whose licensed status
11.19 	has lapsed for two years or less, to regain licensed status, the
11.20 	individual must:
11.21 	(1) apply for licensure renewal according to subdivision 5;
11.22 	(2) document compliance with the continuing education
11.23 	requirements of section 147E.25 since the licensee's initial
11.24 	licensure or last renewal; and 
11.25 	(3) submit the fees required under section 147E.40 for the
11.26 	period not licensed, including the fee for late renewal.
11.27 	Subd. 11.Cancellation due to nonrenewal. The board
11.28 	shall not renew, reissue, reinstate, or restore a license that
11.29 	has lapsed and has not been renewed within two annual licensure
11.30 	renewal cycles starting January 2007.  A licensee whose license
11.31 	is canceled for nonrenewal must obtain a new license by applying
11.32 	for licensure and fulfilling all requirements then in existence
11.33 	for initial licensure as a licensed naturopathic doctor.
11.34 	Subd. 12.Cancellation of licensure in good
11.35 	standing. (a) A licensee holding an active license as a
11.36 	licensed naturopathic doctor in the state may, upon approval of
12.1 	the board, be granted licensure cancellation if the board is not
12.2 	investigating the person as a result of a complaint or
12.3 	information received or if the board has not begun disciplinary
12.4 	proceedings against the licensee.  Such action by the board must
12.5 	be reported as a cancellation of licensure in good standing.
12.6 	(b) A licensee who receives board approval for licensure
12.7 	cancellation is not entitled to a refund of any licensing fees
12.8 	paid for the licensure year in which cancellation of the license
12.9 	occurred.
12.10 	(c) To obtain licensure after cancellation, a licensee must
12.11 	obtain a new license by applying for licensure and fulfilling
12.12 	the requirements then in existence for obtaining initial
12.13 	licensing as a licensed naturopathic doctor.
12.14 	Subd. 13.Emeritus status of license. A licensee may
12.15 	change the status of the license to "emeritus" by filing the
12.16 	appropriate forms and paying the onetime fee of $50 to the board.
12.17 	This status allows the licensee to retain the title of licensed
12.18 	naturopathic doctor but restricts the licensee from actively
12.19 	seeing patients.
12.20 	Subd. 14.Naturopathic childbirth certification. (a) To
12.21 	be certified in naturopathic childbirth, a licensed naturopathic
12.22 	doctor shall:
12.23 	(1) pass either the American College of Naturopathic
12.24 	Obstetricians examination in natural childbirth, or the North
12.25 	American Registry of Midwives examination in midwifery,
12.26 	according to the standards set by the American College of
12.27 	Naturopathic Obstetricians or the North American Registry of
12.28 	Midwives for the respective examination;
12.29 	(2) submit written documentation that the doctor has
12.30 	actively managed 50 births, 50 prenatal visits, and 50
12.31 	postpartum visits, under the direct supervision of a licensed
12.32 	physician, osteopath, naturopathic doctor, or other practitioner
12.33 	of natural childbirth who is legally recognized in the state or
12.34 	region in which such person practices;
12.35 	(3) be a member of the American College of Naturopathic
12.36 	Obstetricians or its successor; and 
13.1 	(4) follow a written plan for licensed naturopathic doctors
13.2 	practicing naturopathic childbirth containing guidelines by
13.3 	which the licensed naturopathic doctor will refer patients to a
13.4 	physician and will consult with a physician practicing
13.5 	obstetrical care.  The licensee shall supply a copy of the
13.6 	written plan upon request to the board.  The plan must be
13.7 	reviewed on an annual basis by the licensee.
13.8 	(b) The certificate of specialty practice in naturopathic
13.9 	childbirth expires concurrently with the licensee's naturopathic
13.10 	doctor's license.  The certificate may be renewed upon
13.11 	submission of the renewal fee and evidence of the completion of
13.12 	15 hours of continuing education credits in naturopathic
13.13 	childbirth, midwifery, obstetrics, or neonatal resuscitation, of
13.14 	which eight may be applied toward the general naturopathic
13.15 	doctor's continuing education requirement.
13.16 	(c) Licensees obtaining specialty certification under this
13.17 	subdivision shall submit a fee of $25 for specialty
13.18 	certification at each renewal period.
13.19 	(d) Only licensed naturopathic doctors who have completed
13.20 	all requirements in paragraph (a), and who hold specialty
13.21 	certification in naturopathic childbirth may practice
13.22 	naturopathic childbirth.
13.23 	(e) Licensed naturopathic doctors practicing naturopathic
13.24 	childbirth may order, dispense, obtain, and administer the
13.25 	following for birth-related care:  lab work including blood work
13.26 	and specimens for routine obstetric care, obstetric ultrasound,
13.27 	vitamin K, prophylactic eye ointment for neonates,
13.28 	antihemorrhagic medicines including pitocin and methergine, IV
13.29 	fluids, lidocaine for first and second degree lacerations,
13.30 	oxygen, and intravenous antibiotics for group B strep
13.31 	prophylaxis.

13.32 	Sec. 6. [147E.20] BOARD ACTION ON APPLICATIONS FOR
13.33 	LICENSURE.
13.34 	(a) The board shall act on each application for licensure
13.35 	according to paragraphs (b) to (d).
13.36 	(b) The board shall determine if the applicant meets the
14.1 	requirements for licensure under section 147E.15.  The board or
14.2 	advisory council may investigate information provided by an
14.3 	applicant to determine whether the information is accurate and
14.4 	complete.
14.5 	(c) The board shall notify each applicant in writing of
14.6 	action taken on the application, the grounds for denying
14.7 	licensure if licensure is denied, and the applicant's right to
14.8 	review under paragraph (d).
14.9 	(d) Applicants denied licensure may make a written request
14.10 	to the board, within 30 days of the board's notice, to appear
14.11 	before the advisory council or the board and for the advisory
14.12 	council to review the board's decision to deny the applicant's
14.13 	licensure.  After reviewing the denial, the advisory council
14.14 	shall make a recommendation to the board as to whether the
14.15 	denial shall be affirmed.  Each applicant is allowed only one
14.16 	request for review per yearly licensure period.

14.17 	Sec. 7. [147E.25] CONTINUING EDUCATION REQUIREMENT.
14.18 	Subdivision 1.Number of required contact hours. (a) A
14.19 	licensee applying for licensure renewal must complete a minimum
14.20 	of 25 contact hours of board-approved continuing education in
14.21 	the year preceding licensure renewal, with the exception of the
14.22 	licensee's first incomplete year, and attest to completion of
14.23 	continuing education requirements by reporting to the board.
14.24 	(b) Each licensee must complete at least seven hours of
14.25 	continuing education in pharmacotherapeutics.
14.26 	Subd. 2.Approved programs. The board shall approve
14.27 	continuing education programs that have been approved for
14.28 	continuing education credit by the American Association of
14.29 	Naturopathic Physicians or any of its constituent state
14.30 	associations, the American Chiropractic Association or any of
14.31 	its constituent state associations, the American Osteopathic
14.32 	Association Bureau of Professional Education, the American
14.33 	Pharmacists Association or any of its constituent state
14.34 	associations, or an organization approved by the Accreditation
14.35 	Council for Continuing Medical Education.
14.36 	Subd. 3.Approval of continuing education programs. The
15.1 	board shall also approve continuing education programs that do
15.2 	not meet the requirements of subdivision 2 but meet the
15.3 	following criteria:
15.4 	(1) the program content directly relates to the practice of
15.5 	naturopathic medicine;
15.6 	(2) each member of the program faculty is knowledgeable in
15.7 	the subject matter as demonstrated by a degree from an
15.8 	accredited education program, verifiable experience in the field
15.9 	of naturopathic medicine, special training in the subject
15.10 	matter, or experience teaching in the subject area;
15.11 	(3) the program lasts at least 50 minutes per contact hour;
15.12 	(4) there are specific, measurable, written objectives,
15.13 	consistent with the program, describing the expected outcomes
15.14 	for the participants; and 
15.15 	(5) the program sponsor has a mechanism to verify
15.16 	participation and maintains attendance records for three years.
15.17 	Subd. 4.Accumulation of contact hours. A licensee may
15.18 	not apply contact hours acquired in one one-year reporting
15.19 	period to a future continuing education reporting period.
15.20 	Subd. 5.Verification of continuing education
15.21 	credits. The board shall periodically select a random sample of
15.22 	licensees and require those licensees to supply the board with
15.23 	evidence of having completed the continuing education to which
15.24 	they attested.  Documentation may come directly from the
15.25 	licensee or from state or national organizations that maintain
15.26 	continuing education records.
15.27 	Subd. 6.Continuing education topics. Continuing
15.28 	education program topics may include, but are not limited to,
15.29 	naturopathic medical theory and techniques including diagnostic
15.30 	techniques, nutrition, botanical medicine, homeopathic medicine,
15.31 	physical medicine, lifestyle modification counseling, anatomy,
15.32 	physiology, biochemistry, pharmacology, pharmacognosy,
15.33 	microbiology, medical ethics, psychology, history of medicine,
15.34 	and medical terminology or coding.
15.35 	Subd. 7.Restriction on continuing education topics. (a)
15.36 	A licensee may apply no more than five hours of practice
16.1 	management to a one-year reporting period.
16.2 	(b) A licensee may apply no more than 15 hours to any
16.3 	single subject area.
16.4 	Subd. 8.Continuing education exemptions. The board may
16.5 	exempt any person holding a license under this chapter from the
16.6 	requirements of subdivision 1 upon application showing evidence
16.7 	satisfactory to the board of inability to comply with the
16.8 	requirements because of physical or mental condition or because
16.9 	of other unusual or extenuating circumstances.  However, no
16.10 	person may be exempted from the requirements of subdivision 1
16.11 	more than once in any five-year period.

16.12 	Sec. 8. [147E.30] DISCIPLINE; REPORTING.
16.13 	For purposes of this chapter, licensed naturopathic doctors
16.14 	and applicants are subject to sections 147.091 to 147.162.

16.15 	Sec. 9. [147E.35] LICENSED NATUROPATHIC DOCTOR ADVISORY
16.16 	COUNCIL.
16.17 	Subdivision 1.Membership. The board shall appoint a
16.18 	five-member Licensed Naturopathic Doctor Advisory Council
16.19 	consisting of one public member as defined in section 214.02,
16.20 	three licensed naturopathic doctors, and one licensed physician
16.21 	or osteopath with expertise in natural medicine.
16.22 	Subd. 2.Organization. The advisory council shall be
16.23 	organized and administered under section 15.059.  The council
16.24 	expires December 31, 2012.
16.25 	Subd. 3.Duties. The advisory council shall:
16.26 	(1) advise the board regarding standards for licensed
16.27 	naturopathic doctors;
16.28 	(2) provide for distribution of information regarding
16.29 	licensed naturopathic doctors standards;
16.30 	(3) advise the board on enforcement of sections 147.091 to
16.31 	147.162;
16.32 	(4) review applications and recommend granting or denying
16.33 	licensure or licensure renewal;
16.34 	(5) advise the board on issues related to receiving and
16.35 	investigating complaints, conducting hearings, and imposing
16.36 	disciplinary action in relation to complaints against licensed
17.1 	naturopathic doctors;
17.2 	(6) advise the board regarding approval of continuing
17.3 	education programs using the criteria in section 147E.25,
17.4 	subdivision 3; and 
17.5 	(7) perform other duties authorized for advisory councils
17.6 	by chapter 214, as directed by the board.

17.7 	Sec. 10. [147E.40] FEES.
17.8 	Subdivision 1.Fees. Fees are as follows:
17.9 	(1) licensure application fee, $150;
17.10 	(2) renewal fee, $150;
17.11 	(3) late fee, $75;
17.12 	(4) inactive status fee, $50; and 
17.13 	(5) temporary permit fee, $25.
17.14 	Subd. 2.Proration of fees. The board may prorate the
17.15 	initial annual licensure fee.  All licensees are required to pay
17.16 	the full fee upon licensure renewal.
17.17 	Subd. 3.Penalty fee for late renewals. An application
17.18 	for licensure renewal submitted after the deadline must be
17.19 	accompanied by a late fee in addition to the required fees.
17.20 	Subd. 4.Nonrefundable fees. All of the fees in
17.21 	subdivision 1 are nonrefundable.

17.22 	Sec. 11. EFFECTIVE DATE. 
17.23 	This article is effective July 1, 2006.

17.24 	ARTICLE 2
17.25 	CONFORMING AMENDMENTS

17.26 	Section 1. Minnesota Statutes 2004, section 62J.54,
17.27 	subdivision 2, is amended to read:
17.28 	Subd. 2.Unique identification number for individual
17.29 	health care providers.  (a) Not later than 24 months after the
17.30 	date on which a unique health identifier for health care
17.31 	providers is adopted or established under United States Code,
17.32 	title 42, sections 1320d to 1320d-8 (1996 and subsequent
17.33 	amendments), all group purchasers and health care providers in
17.34 	Minnesota shall use a unique identification number to identify
17.35 	an individual health care provider, except as provided in
17.36 	paragraph (b).
18.1 	(b) Small health plans, as defined by the federal Secretary
18.2 	of Health and Human Services under United States Code, title 42,
18.3 	section 1320d-4 (1996 and subsequent amendments), shall use a
18.4 	unique identification number to identify an individual health
18.5 	care provider no later than 36 months after the date on which a
18.6 	unique health identifier for health care providers is adopted or
18.7 	established under United States Code, title 42, sections 1320d
18.8 	to 1320d-8 (1996 and subsequent amendments).
18.9 	(c) The unique health identifier for health care providers
18.10 	adopted or established by the federal Secretary of Health and
18.11 	Human Services under United States Code, title 42, sections
18.12 	1320d to 1320d-8 (1996 and subsequent amendments), shall be used
18.13 	as the unique identification number for individual health care
18.14 	providers.
18.15 	(d) Individual providers required to have a unique health
18.16 	identifier are:
18.17 	(1) physicians licensed under chapter 147;
18.18 	(2) naturopathic doctors licensed under chapter 147E;
18.19 	(3) dentists licensed under chapter 150A;
18.20 	(3) (4) chiropractors licensed under chapter 148;
18.21 	(4) (5) podiatrists licensed under chapter 153;
18.22 	(5) (6) physician assistants as defined under section
18.23 	147A.01;
18.24 	(6) (7) advanced practice nurses as defined under section
18.25 	62A.15;
18.26 	(7) (8) doctors of optometry licensed under section 148.57;
18.27 	(8) (9) pharmacists licensed under chapter 151;
18.28 	(9) (10) individual providers who may bill Medicare for
18.29 	medical and other health services as defined in United States
18.30 	Code, title 42, section 1395x(s);
18.31 	(10) (11) individual providers who are providers for state
18.32 	and federal health care programs administered by the
18.33 	commissioner of human services; and
18.34 	(11) (12) other individual providers as required by the
18.35 	federal Secretary of Health and Human Services under United
18.36 	States Code, title 42, sections 1320d to 1320d-8 (1996 and
19.1 	subsequent amendments).
19.2 	Providers shall obtain a unique health identifier from the
19.3 	federal Secretary of Health and Human Services using the process
19.4 	prescribed by the Secretary.
19.5 	(e) Only the unique individual health care provider
19.6 	identifier shall be used for purposes of submitting and
19.7 	receiving claims, and in conjunction with other data collection
19.8 	and reporting functions.
19.9 	(f) The commissioner of health may contract with the
19.10 	federal Secretary of Health and Human Services or the
19.11 	Secretary's agent to implement this subdivision.

19.12 	Sec. 2. Minnesota Statutes 2004, section 116J.70,
19.13 	subdivision 2a, is amended to read:
19.14 	Subd. 2a.License; exceptions.  "Business license" or
19.15 	"license" does not include the following:
19.16 	(1) any occupational license or registration issued by a
19.17 	licensing board listed in section 214.01 or any occupational
19.18 	registration issued by the commissioner of health pursuant to
19.19 	section 214.13;
19.20 	(2) any license issued by a county, home rule charter city,
19.21 	statutory city, township, or other political subdivision;
19.22 	(3) any license required to practice the following
19.23 	occupation regulated by the following sections:
19.24 	(i) abstracters regulated pursuant to chapter 386;
19.25 	(ii) accountants regulated pursuant to chapter 326A;
19.26 	(iii) adjusters regulated pursuant to chapter 72B;
19.27 	(iv) architects regulated pursuant to chapter 326;
19.28 	(v) assessors regulated pursuant to chapter 270;
19.29 	(vi) athletic trainers regulated pursuant to chapter 148;
19.30 	(vii) attorneys regulated pursuant to chapter 481;
19.31 	(viii) auctioneers regulated pursuant to chapter 330;
19.32 	(ix) barbers and cosmetologists regulated pursuant to
19.33 	chapter 154;
19.34 	(x) boiler operators regulated pursuant to chapter 183;
19.35 	(xi) chiropractors regulated pursuant to chapter 148;
19.36 	(xii) collection agencies regulated pursuant to chapter
20.1 	332;
20.2 	(xiii) dentists, registered dental assistants, and dental
20.3 	hygienists regulated pursuant to chapter 150A;
20.4 	(xiv) detectives regulated pursuant to chapter 326;
20.5 	(xv) electricians regulated pursuant to chapter 326;
20.6 	(xvi) mortuary science practitioners regulated pursuant to
20.7 	chapter 149A;
20.8 	(xvii) engineers regulated pursuant to chapter 326;
20.9 	(xviii) insurance brokers and salespersons regulated
20.10 	pursuant to chapter 60A;
20.11 	(xix) certified interior designers regulated pursuant to
20.12 	chapter 326;
20.13 	(xx) midwives regulated pursuant to chapter 147D;
20.14 	(xxi) naturopathic doctors licensed pursuant to chapter
20.15 	147E;
20.16 	(xxii) nursing home administrators regulated pursuant to
20.17 	chapter 144A;
20.18 	(xxii) (xxiii) optometrists regulated pursuant to chapter
20.19 	148;
20.20 	(xxiii) (xxiv) osteopathic physicians regulated pursuant to
20.21 	chapter 147;
20.22 	(xxiv) (xxv) pharmacists regulated pursuant to chapter 151;
20.23 	(xxv) (xxvi) physical therapists regulated pursuant to
20.24 	chapter 148;
20.25 	(xxvi) (xxvii) physician assistants regulated pursuant to
20.26 	chapter 147A;
20.27 	(xxvii) (xxviii) physicians and surgeons regulated pursuant
20.28 	to chapter 147;
20.29 	(xxviii) (xxix) plumbers regulated pursuant to chapter 326;
20.30 	(xxix) (xxx) podiatrists regulated pursuant to chapter 153;
20.31 	(xxx) (xxxi) practical nurses regulated pursuant to chapter
20.32 	148;
20.33 	(xxxi) (xxxii) professional fund-raisers regulated pursuant
20.34 	to chapter 309;
20.35 	(xxxii) (xxxiii) psychologists regulated pursuant to
20.36 	chapter 148;
21.1 	(xxxiii) (xxxiv) real estate brokers, salespersons, and
21.2 	others regulated pursuant to chapters 82 and 83;
21.3 	(xxxiv ) (xxxv) registered nurses regulated pursuant to
21.4 	chapter 148;
21.5 	(xxxv) (xxxvi) securities brokers, dealers, agents, and
21.6 	investment advisers regulated pursuant to chapter 80A;
21.7 	(xxxvi) (xxxvii) steamfitters regulated pursuant to chapter
21.8 	326;
21.9 	(xxxvii) (xxxviii) teachers and supervisory and support
21.10 	personnel regulated pursuant to chapter 125;
21.11 	(xxxviii) (xxxix) veterinarians regulated pursuant to
21.12 	chapter 156;
21.13 	(xxxix) (xl) water conditioning contractors and installers
21.14 	regulated pursuant to chapter 326;
21.15 	(xl) (xli) water well contractors regulated pursuant to
21.16 	chapter 103I;
21.17 	(xli) (xlii) water and waste treatment operators regulated
21.18 	pursuant to chapter 115;
21.19 	(xlii) (xliii) motor carriers regulated pursuant to chapter
21.20 	221;
21.21 	(xliii) (xliv) professional firms regulated under chapter
21.22 	319B;
21.23 	(xliv) (xlv) real estate appraisers regulated pursuant to
21.24 	chapter 82B;
21.25 	(xlv) (xlvi) residential building contractors, residential
21.26 	remodelers, residential roofers, manufactured home installers,
21.27 	and specialty contractors regulated pursuant to chapter 326; or 
21.28 	(xlvi) (xlvii) licensed professional counselors regulated
21.29 	pursuant to chapter 148B;
21.30 	(4) any driver's license required pursuant to chapter 171;
21.31 	(5) any aircraft license required pursuant to chapter 360;
21.32 	(6) any watercraft license required pursuant to chapter
21.33 	86B;
21.34 	(7) any license, permit, registration, certification, or
21.35 	other approval pertaining to a regulatory or management program
21.36 	related to the protection, conservation, or use of or
22.1 	interference with the resources of land, air, or water, which is
22.2 	required to be obtained from a state agency or instrumentality;
22.3 	and
22.4 	(8) any pollution control rule or standard established by
22.5 	the Pollution Control Agency or any health rule or standard
22.6 	established by the commissioner of health or any licensing rule
22.7 	or standard established by the commissioner of human services.

22.8 	Sec. 3. Minnesota Statutes 2004, section 144.335,
22.9 	subdivision 1, is amended to read:
22.10 	Subdivision 1.Definitions.  For the purposes of this
22.11 	section, the following terms have the meanings given them:
22.12 	(a) "Patient" means a natural person who has received
22.13 	health care services from a provider for treatment or
22.14 	examination of a medical, psychiatric, or mental condition, the
22.15 	surviving spouse and parents of a deceased patient, or a person
22.16 	the patient appoints in writing as a representative, including a
22.17 	health care agent acting pursuant to chapter 145C, unless the
22.18 	authority of the agent has been limited by the principal in the
22.19 	principal's health care directive.  Except for minors who have
22.20 	received health care services pursuant to sections 144.341 to
22.21 	144.347, in the case of a minor, patient includes a parent or
22.22 	guardian, or a person acting as a parent or guardian in the
22.23 	absence of a parent or guardian.
22.24 	(b) "Provider" means (1) any person who furnishes health
22.25 	care services and is regulated to furnish the services pursuant
22.26 	to chapter 147, 147A, 147B, 147C, 147D, 147E,148, 148B, 148C,
22.27 	150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a
22.28 	home care provider licensed under section 144A.46; (3) a health
22.29 	care facility licensed pursuant to this chapter or chapter 144A;
22.30 	(4) a physician assistant registered under chapter 147A; and (5)
22.31 	an unlicensed mental health practitioner regulated pursuant to
22.32 	sections 148B.60 to 148B.71.
22.33 	(c) "Individually identifiable form" means a form in which
22.34 	the patient is or can be identified as the subject of the health
22.35 	records.

22.36 	Sec. 4. Minnesota Statutes 2004, section 145.61,
23.1 	subdivision 2, is amended to read:
23.2 	Subd. 2.Professional.  "Professional" means a person
23.3 	licensed or registered to practice a healing art under chapter
23.4 	147, 147E,or 148, to practice dentistry under chapter 150A, to
23.5 	practice as a pharmacist under chapter 151, or to practice
23.6 	podiatry under chapter 153.

23.7 	Sec. 5. Minnesota Statutes 2004, section 146.23,
23.8 	subdivision 7, is amended to read:
23.9 	Subd. 7.Exemption.  The provisions of subdivision 2 do
23.10 	not apply to physicians and doctors of osteopathy licensed under
23.11 	chapter 147 or naturopathic doctors licensed under chapter 147E.

23.12 	Sec. 6. Minnesota Statutes 2004, section 148B.60,
23.13 	subdivision 3, is amended to read:
23.14 	Subd. 3.Unlicensed mental health practitioner or
23.15 	practitioner.  "Unlicensed mental health practitioner" or
23.16 	"practitioner" means a person who provides or purports to
23.17 	provide, for remuneration, mental health services as defined in
23.18 	subdivision 4.  It does not include persons licensed by the
23.19 	Board of Medical Practice under chapter 147 or 147E or
23.20 	registered by the Board of Medical Practice under chapter 147A;
23.21 	the Board of Nursing under sections 148.171 to 148.285; the
23.22 	Board of Psychology under sections 148.88 to 148.98; the Board
23.23 	of Social Work under sections 148B.18 to 148B.289; the Board of
23.24 	Marriage and Family Therapy under sections 148B.29 to 148B.39;
23.25 	the Board of Behavioral Health and Therapy under sections
23.26 	148B.50 to 148B.593; or another licensing board if the person is
23.27 	practicing within the scope of the license; members of the
23.28 	clergy who are providing pastoral services in the context of
23.29 	performing and fulfilling the salaried duties and obligations
23.30 	required of a member of the clergy by a religious congregation;
23.31 	American Indian medicine men and women; licensed attorneys;
23.32 	probation officers; school counselors employed by a school
23.33 	district while acting within the scope of employment as school
23.34 	counselors; registered occupational therapists; or occupational
23.35 	therapy assistants.  For the purposes of complaint investigation
23.36 	or disciplinary action relating to an individual practitioner,
24.1 	the term includes:
24.2 	(1) persons employed by a program licensed by the
24.3 	commissioner of human services who are acting as mental health
24.4 	practitioners within the scope of their employment;
24.5 	(2) persons employed by a program licensed by the
24.6 	commissioner of human services who are providing chemical
24.7 	dependency counseling services; persons who are providing
24.8 	chemical dependency counseling services in private practice; and
24.9 	(3) clergy who are providing mental health services that
24.10 	are equivalent to those defined in subdivision 4.

24.11 	Sec. 7. Minnesota Statutes 2004, section 151.01,
24.12 	subdivision 23, is amended to read:
24.13 	Subd. 23.Practitioner.  "Practitioner" means a licensed
24.14 	doctor of medicine, licensed doctor of osteopathy duly licensed
24.15 	to practice medicine, licensed naturopathic doctor,licensed
24.16 	doctor of dentistry, licensed doctor of optometry, licensed
24.17 	podiatrist, or licensed veterinarian.  For purposes of sections
24.18 	151.15, subdivision 4, 151.37, subdivision 2, paragraph (b), and
24.19 	151.461, "practitioner" also means a physician assistant
24.20 	authorized to prescribe, dispense, and administer under chapter
24.21 	147A, or an advanced practice nurse authorized to prescribe,
24.22 	dispense, and administer under section 148.235.

24.23 	Sec. 8. Minnesota Statutes 2004, section 214.23,
24.24 	subdivision 1, is amended to read:
24.25 	Subdivision 1.Commissioner of health.  The board shall
24.26 	enter into a contract with the commissioner to perform the
24.27 	functions in subdivisions 2 and 3.  The contract shall provide
24.28 	that:
24.29 	(1) unless requested to do otherwise by a regulated person,
24.30 	a board shall refer all regulated persons infected with HIV,
24.31 	HBV, or HCV to the commissioner;
24.32 	(2) the commissioner may choose to refer any regulated
24.33 	person who is infected with HIV, HBV, or HCV as well as all
24.34 	information related thereto to the person's board at any time
24.35 	for any reason, including but not limited to:  the degree of
24.36 	cooperation and compliance by the regulated person; the
25.1 	inability to secure information or the medical records of the
25.2 	regulated person; or when the facts may present other possible
25.3 	violations of the regulated persons practices act.  Upon request
25.4 	of the regulated person who is infected with HIV, HBV, or HCV
25.5 	the commissioner shall refer the regulated person and all
25.6 	information related thereto to the person's board.  Once the
25.7 	commissioner has referred a regulated person to a board, the
25.8 	board may not thereafter submit it to the commissioner to
25.9 	establish a monitoring plan unless the commissioner of health
25.10 	consents in writing;
25.11 	(3) a board shall not take action on grounds relating
25.12 	solely to the HIV, HBV, or HCV status of a regulated person
25.13 	until after referral by the commissioner; and
25.14 	(4) notwithstanding sections 13.39 and 13.41 and chapters
25.15 	147, 147A, 147E,148, 150A, 153, and 214, a board shall forward
25.16 	to the commissioner any information on a regulated person who is
25.17 	infected with HIV, HBV, or HCV that the Department of Health
25.18 	requests.

25.19 	Sec. 9. Minnesota Statutes 2004, section 604A.01,
25.20 	subdivision 2, is amended to read:
25.21 	Subd. 2.General immunity from liability.  (a) A person
25.22 	who, without compensation or the expectation of compensation,
25.23 	renders emergency care, advice, or assistance at the scene of an
25.24 	emergency or during transit to a location where professional
25.25 	medical care can be rendered, is not liable for any civil
25.26 	damages as a result of acts or omissions by that person in
25.27 	rendering the emergency care, advice, or assistance, unless the
25.28 	person acts in a willful and wanton or reckless manner in
25.29 	providing the care, advice, or assistance.  This subdivision
25.30 	does not apply to a person rendering emergency care, advice, or
25.31 	assistance during the course of regular employment, and
25.32 	receiving compensation or expecting to receive compensation for
25.33 	rendering the care, advice, or assistance.
25.34 	(b) For the purposes of this section, the scene of an
25.35 	emergency is an area outside the confines of a hospital or other
25.36 	institution that has hospital facilities, or an office of a
26.1 	person licensed to practice one or more of the healing arts
26.2 	under chapter 147, 147A, 147E,148, 150A, or 153.  The scene of
26.3 	an emergency includes areas threatened by or exposed to
26.4 	spillage, seepage, fire, explosion, or other release of
26.5 	hazardous materials, and includes ski areas and trails.
26.6 	(c) For the purposes of this section, "person" includes a
26.7 	public or private nonprofit volunteer firefighter, volunteer
26.8 	police officer, volunteer ambulance attendant, volunteer first
26.9 	provider of emergency medical services, volunteer ski patroller,
26.10 	and any partnership, corporation, association, or other entity.
26.11 	(d) For the purposes of this section, "compensation" does
26.12 	not include payments, reimbursement for expenses, or pension
26.13 	benefits paid to members of volunteer organizations.
26.14 	(e) For purposes of this section, "emergency care" includes
26.15 	providing emergency medical care by using or providing an
26.16 	automatic external defibrillator, unless the person on whom the
26.17 	device is to be used objects; or unless the person is rendering
26.18 	this care during the course of regular employment, the person is
26.19 	receiving or expects to receive compensation for rendering this
26.20 	care, and the usual and regular duties of the person include the
26.21 	provision of emergency medical care.  "Automatic external
26.22 	defibrillator" means a medical device heart monitor and
26.23 	defibrillator that:
26.24 	(1) has received approval of its premarket notification,
26.25 	filed pursuant to United States Code, title 21, section 360(k),
26.26 	from the United States Food and Drug Administration;
26.27 	(2) is capable of recognizing the presence or absence of
26.28 	ventricular fibrillation or rapid ventricular tachycardia, and
26.29 	is capable of determining, without intervention by an operator,
26.30 	whether defibrillation should be performed; and
26.31 	(3) upon determining that defibrillation should be
26.32 	performed, automatically charges and requests delivery of an
26.33 	electrical impulse to an individual's heart.

26.34 	Sec. 10. Minnesota Statutes 2004, section 604A.015, is
26.35 	amended to read:
26.36 	604A.015 SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.
27.1 	A school bus driver who, while on duty, provides emergency
27.2 	care, advice, or assistance at the scene of an emergency or
27.3 	during transit to a location where professional medical care can
27.4 	be rendered, is not liable in ordinary negligence, for any civil
27.5 	damages as a result of acts or omissions to the person to whom
27.6 	assistance is rendered by the school bus driver in rendering the
27.7 	emergency care, advice, or assistance.  For the purposes of this
27.8 	section, the scene of an emergency is an area outside the
27.9 	confines of a hospital or other institution that has hospital
27.10 	facilities, or an office of a person licensed to practice one or
27.11 	more of the healing arts under chapter 147, 147E,148, 150A, or
27.12 	153.

27.13 	Sec. 11. EFFECTIVE DATE. 
27.14 	This article is effective July 1, 2006.