1.1 	A bill for an act
1.2 	relating to insurance; regulating auto insurance; regulating certain claims 
1.3 	practices;amending Minnesota Statutes 2006, section 65B.54, by adding a 
1.4 	subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 65B.54, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 6.Unethical practices. (a) A licensed health care provider shall not initiate 
1.9 	direct contact, in person, over the telephone, or by other electronic means, with any person 
1.10 	who has suffered an injury arising out of the maintenance or use of an automobile, for the 
1.11 	purpose of influencing that person to receive treatment or to purchase any good or item 
1.12 	from the licensee or anyone associated with the licensee. This subdivision prohibits such 
1.13 	direct contact whether initiated by the licensee individually or on behalf of the licensee by 
1.14 	any employee, independent contractor, agent, or third party. This subdivision does not 
1.15 	apply when an injured person voluntarily initiates contact with a licensee.
1.16 	(b) This subdivision does not prohibit licensees from mailing advertising literature 
1.17 	directly to such persons, so long as:
1.18 	(1) the word "ADVERTISEMENT" appears clearly and conspicuously at the 
1.19 	beginning of the written materials;
1.20 	(2) the name of the individual licensee appears clearly and conspicuously within 
1.21 	the written materials;
1.22 	(3) the licensee is clearly identified as a licensed health care provider within the 
1.23 	written materials; and
2.1 	(4) the licensee does not initiate, individually or through any employee, independent 
2.2 	contractor, agent, or third party, direct contact with the person after the written materials 
2.3 	are sent.
2.4 	(c) This subdivision does not apply to:
2.5 	(1) advertising that does not involve direct contact with specific prospective patients, 
2.6 	in public media such as telephone directories, professional directories, ads in newspapers 
2.7 	and other periodicals, radio or television ads, Web sites, billboards, or similar media;
2.8 	(2) general marketing practices such as giving lectures; participating in special 
2.9 	events, trade shows, or meetings of organizations; or making presentations relative to the 
2.10 	benefits of licensed health care providers' treatment; or
2.11 	(3) contact with friends or relatives of the provider, or statements made in a social 
2.12 	setting.
2.13 	(d) A violation of this subdivision is grounds for the licensing authority to take 
2.14 	disciplinary action against the licensee, including revocation in appropriate cases.