HF 1270
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 05/05/2026 09:38 a.m.
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A bill for an act
relating to health-related occupations; modifying licensing for practice of
acupuncture and herbal medicine; changing terminology; amending Minnesota
Statutes 2024, sections 146A.01, subdivision 4; 147B.01, subdivisions 3, 4, 5, 9,
12, 14, 16, 16a, by adding subdivisions; 147B.02, subdivisions 4, 12; 147B.03,
subdivisions 1, 2, 3, 4; 147B.05, subdivisions 1, 3; 147B.06, subdivisions 1, 5, by
adding a subdivision; Minnesota Statutes 2025 Supplement, sections 147B.02,
subdivisions 7, 9; 147B.06, subdivision 4; repealing Minnesota Statutes 2024,
section 147B.01, subdivision 18.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, 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 deleted text begin Orientaldeleted text end 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 2024, section 147B.01, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Acupuncture. new text end
new text begin
"Acupuncture" means a unique treatment technique that uses
modern and traditional medical methods of diagnosis and treatment. It includes the insertion
of filiform or acupuncture needles through the skin and may include the use of other
biophysical methods of acupuncture point stimulation, including the use of heat, massage,
or manual therapy techniques or electrical stimulation. Acupuncture includes but is not
limited to therapies termed "dry needling," "trigger point therapy," "intramuscular therapy,"
"auricular detox treatment," and similar terms referring to the insertion of needles past the
skin for pain management, disease or symptom modification, or other related treatments.
new text end
Sec. 3.
Minnesota Statutes 2024, section 147B.01, subdivision 3, is amended to read:
Subd. 3.
Acupuncture new text begin and herbal medicine new text end practice.
"Acupuncturenew text begin and herbal medicinenew text end
practice" means a new text begin unique andnew text end comprehensive system of health care deleted text begin using Oriental medical
theory and its unique methods of diagnosis and treatment. Its treatment techniques include
the insertion of acupuncture needles through the skin and the use of other biophysical
methods of acupuncture point stimulation, including the use of heat, Oriental massage
techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing
techniques, and exercise based on Oriental medical principlesdeleted text end new text begin that uses traditional and
modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal
medicine theory, principles, and methods. Treatment techniques include but are not limited
to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary
guidelines, mind-body exercises, and other appropriate techniquesnew text end .
Sec. 4.
Minnesota Statutes 2024, section 147B.01, subdivision 4, is amended to read:
Subd. 4.
Acupuncture needle.
"Acupuncture needle" means a needle designed
exclusively for deleted text begin acupuncturedeleted text end new text begin thenew text end purposesnew text begin of insertion past the skin to alleviate pain, provide
symptom relief, or modulate disease processesnew text end . It has a solid core, with a tapered point, and
is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other
board-approved materials as long as the materials can be sterilized according to
recommendations of the National Centers for Disease Control and Prevention.
Sec. 5.
Minnesota Statutes 2024, section 147B.01, subdivision 5, is amended to read:
Subd. 5.
Acupuncture points.
"Acupuncture points" means specific anatomically
described locations as defined by the recognized acupuncture reference texts. These texts
are listed in the study guide to the examination for the deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification
exam.
Sec. 6.
Minnesota Statutes 2024, section 147B.01, subdivision 9, is amended to read:
Subd. 9.
Breathing techniques.
"Breathing techniques" means deleted text begin Orientaldeleted text end breathing
exercises taught to a patient as part of a treatment plan.
Sec. 7.
Minnesota Statutes 2024, section 147B.01, subdivision 12, is amended to read:
Subd. 12.
Diplomate in acupuncture.
"Diplomate in acupuncture" means a person who
is certified by the deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end as having met the standards of competence
established by the deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end , who subscribes to the deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end
code of ethics, and who has a current and active deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certificate. Current
and active deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification indicates successful completion of continued
professional development and previous satisfaction of deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end requirements.
Sec. 8.
Minnesota Statutes 2024, section 147B.01, subdivision 14, is amended to read:
Subd. 14.
Herbal therapiesnew text begin or herbal medicinenew text end .
"Herbal therapies" deleted text begin aredeleted text end new text begin or "herbal
medicine" meansnew text end the use of herbs and patent herbal remedies as supplements as part of the
treatment plan of the patient.
Sec. 9.
Minnesota Statutes 2024, section 147B.01, is amended by adding a subdivision to
read:
new text begin Subd. 14a. new text end
new text begin Low-level or cold laser. new text end
new text begin
"Low-level or cold laser" means a nonsurgical laser
classified as Class III by the federal Food and Drug Administration.
new text end
Sec. 10.
Minnesota Statutes 2024, section 147B.01, subdivision 16, is amended to read:
Subd. 16.
deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end .
"deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end " means the National
Certification deleted text begin Commission for Acupuncture and Oriental Medicinedeleted text end new text begin Board for Acupuncture
and Herbal Medicinenew text end , a not-for-profit corporation organized under section deleted text begin 501(c)(4)deleted text end new text begin 501(c)(6)new text end
of the Internal Revenue Code.
Sec. 11.
Minnesota Statutes 2024, section 147B.01, subdivision 16a, is amended to read:
Subd. 16a.
deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification.
"deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification"
means a certification granted by the deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end to a person who has met the
standards of competence established for either deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification in
acupuncture or deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification in deleted text begin Orientaldeleted text end new text begin herbalnew text end medicine.
Sec. 12.
Minnesota Statutes 2024, section 147B.02, subdivision 4, is amended to read:
Subd. 4.
Exceptions.
(a) The following persons may practice acupuncture within the
scope of their practice without an acupuncture license:
(1) a physician licensed under chapter 147;
(2) an osteopathic physician licensed under chapter 147;
(3) a chiropractor licensed under chapter 148;
(4) a person who is studying in a formal course of study so long as the person's
acupuncture new text begin and herbal medicine new text end practice is supervised by a licensed acupuncturist or a
person who is exempt under clause (5);
(5) a visiting acupuncturist practicing acupuncture within an instructional setting for the
sole purpose of teaching at a school registered with the Minnesota Office of Higher
Education, who may practice without a license for a period of one year, with two one-year
extensions permitted; and
(6) a visiting acupuncturist who is in the state for the sole purpose of providing a tutorial
or workshop not to exceed 30 days in one calendar year.
(b) This chapter does not prohibit a person who does not have an acupuncturist license
from practicing specific noninvasive techniques, such as acupressure, that are within the
scope of practice as set forth in section 147B.06, subdivision 4.
Sec. 13.
Minnesota Statutes 2025 Supplement, section 147B.02, subdivision 7, is amended
to read:
Subd. 7.
Licensure requirements.
(a) An applicant for licensure must:
(1) submit a completed application for licensure on forms provided by the board, which
must include the applicant's name and address of record, which shall be public;
(2) unless licensed under subdivision 6, submit evidence satisfactory to the board of
current deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification;
(3) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;
(4) submit with the application all fees required; and
(5) sign a waiver authorizing the board to obtain access to the applicant's records in this
state or any state in which the applicant has engaged in the practice of acupuncture.
(b) The board may ask the applicant to provide any additional information necessary to
ensure that the applicant is able to practice with reasonable skill and safety to the public.
(c) The board may investigate information provided by an applicant to determine whether
the information is accurate and complete. The board shall notify an applicant of action taken
on the application and the reasons for denying licensure if licensure is denied.
Sec. 14.
Minnesota Statutes 2025 Supplement, section 147B.02, subdivision 9, is amended
to read:
Subd. 9.
Renewal.
(a) To renew a license an applicant 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 documentation of current and active deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification; or
(4) if licensed under subdivision 6, meet the same deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end professional
development activity requirements as those licensed under subdivision 7.
(b) An applicant shall 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.
(c) An applicant must maintain a correct mailing address with the board for receiving
board communications, notices, and license renewal documents. Placing the license renewal
application in first-class United States mail, addressed to the applicant at the applicant's last
known address with postage prepaid, constitutes valid service. Failure to receive the renewal
documents does not relieve an applicant of the obligation to comply with this section.
(d) The name of an applicant who does not return a complete license renewal application,
annual license 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 applicant's license is reinstated, the applicant's name shall be
placed on the list of individuals authorized to practice.
Sec. 15.
Minnesota Statutes 2024, section 147B.02, subdivision 12, is amended to read:
Subd. 12.
Inactive status.
(a) A license may be placed in inactive status upon application
to the board and upon payment of an inactive status fee. The board may not renew or restore
a license that has lapsed and has not been renewed within two annual license renewal cycles.
(b) An inactive license may be reactivated by the license holder upon application to the
board. A licensee whose license is canceled for nonrenewal must obtain a new license by
applying for licensure and fulfilling all the requirements then in existence for the initial
license to practice acupuncture in the state of Minnesota. The application must include:
(1) evidence of current and active deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certification;
(2) evidence of the certificate holder's payment of an inactive status fee;
(3) an annual fee; and
(4) all back fees since previous renewal.
(c) A person licensed under subdivision 5 who has allowed the license to reach inactive
status must become deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certified.
Sec. 16.
Minnesota Statutes 2024, section 147B.03, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end requirements.
Unless a person is licensed under
section 147B.02, subdivision 6, each licensee is required to meet the deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end
professional development activity requirements to maintain deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end
certification. These requirements may be met through a board approved continuing education
program.
Sec. 17.
Minnesota Statutes 2024, section 147B.03, subdivision 2, is amended to read:
Subd. 2.
Board approval.
The board shall approve a continuing education program if
the program meets the following requirements:
(1) it directly relates to the practice of acupuncture;
(2) each member of the faculty shows expertise in the subject matter by holding a degree
or certificate from an educational institution, has verifiable experience in deleted text begin traditional Orientaldeleted text end
new text begin acupuncture and herbal new text end medicine, or has special training in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific written objectives describing the goals of the program for the
participants; and
(5) the program sponsor maintains attendance records for four years.
Sec. 18.
Minnesota Statutes 2024, section 147B.03, subdivision 3, is amended to read:
Subd. 3.
Continuing education topics.
(a) Continuing education program topics may
includedeleted text begin ,deleted text end but are not limited todeleted text begin , Oriental medicaldeleted text end new text begin acupuncture and herbal medicinenew text end theory
and techniques including deleted text begin Orientaldeleted text end massage; deleted text begin Orientaldeleted text end nutrition; deleted text begin Orientaldeleted text end herbology and diet
therapy; deleted text begin Orientaldeleted text end exercise; deleted text begin western sciences such asdeleted text end anatomy, physiology, biochemistry,
microbiology, psychology, deleted text begin nutrition,deleted text end new text begin and new text end history of medicine; and medical terminology or
coding.
(b) Practice management courses are excluded under this section.
Sec. 19.
Minnesota Statutes 2024, section 147B.03, subdivision 4, is amended to read:
Subd. 4.
Verification.
The board shall periodically select a random sample of
acupuncturists and require the acupuncturist to show evidence of having completed the
deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end professional development activities requirements. Either the
acupuncturist, the state, or the national organization that maintains continuing education
records may provide the board documentation of the continuing education program.
Sec. 20.
Minnesota Statutes 2024, section 147B.05, subdivision 1, is amended to read:
Subdivision 1.
Creation.
The advisory council to the Board of Medical Practice for
acupuncture consists of seven members appointed by the board to three-year terms. Four
members must be deleted text begin licenseddeleted text end acupuncture practitionersnew text begin licensed in Minnesotanew text end , one member
must be a licensed physician or osteopathic physician who also practices acupuncture, one
member must be a licensed chiropractor who is deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certified, and one
member must be a member of the public who has received acupuncture treatment as a
primary therapy from a deleted text begin NCCAOMdeleted text end new text begin NCBAHMnew text end certified acupuncturist.
Sec. 21.
Minnesota Statutes 2024, section 147B.05, subdivision 3, is amended to read:
Subd. 3.
Duties.
The advisory council shall:
(1) advise the board on issuance, denial, renewal, suspension, revocation, conditioning,
or restricting of licenses to practice acupuncture;
(2) advise the board on issues related to receiving, investigating, conducting hearings,
and imposing disciplinary action in relation to complaints against acupuncture practitioners;
(3) maintain a register of acupuncture practitioners licensed under section 147B.02;
(4) maintain a record of all advisory council actions;
(5) prescribe registration application forms, license forms, protocol forms, and other
necessary forms;
(6) review the patient visit records submitted by applicants during the transition period;
(7) advise the board regarding standards for acupuncturists;
(8) distribute information regarding acupuncture new text begin and herbal medicine new text end practice standards;
(9) review complaints;
(10) advise the board regarding continuing education programs;
(11) review the investigation of reports of complaints and recommend to the board
whether disciplinary action should be taken; and
(12) perform other duties authorized by advisory councils under chapter 214, as directed
by the board.
Sec. 22.
Minnesota Statutes 2024, section 147B.06, subdivision 1, is amended to read:
Subdivision 1.
Practice standards.
(a) Before treatment of a patient, an acupuncture
practitioner shall ask whether the patient has been examined by a licensed physician or other
professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness
or injury, and shall review the diagnosis as reported.
(b) The practitioner shall obtain informed consent from the patient, after advising the
patient of the following information which must be supplied to the patient deleted text begin in writingdeleted text end before
or at the time of the initial visit:
(1) the practitioner's qualifications including:
(i) education;
(ii) license information; and
(iii) outline of the scope of practice of acupuncturists in Minnesota; and
(2) side effects which may include the following:
(i) some pain in the treatment area;
(ii) minor bruising;
(iii) infection;
(iv) needle sickness; or
(v) broken needles.
(c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
has been advised to consult with the patient's primary care physician about the acupuncture
treatment if the patient circumstances warrant or the patient chooses to do so.
(d) The practitioner shall inquire whether the patient has a pacemaker or bleeding disorder.
Sec. 23.
Minnesota Statutes 2025 Supplement, section 147B.06, subdivision 4, is amended
to read:
Subd. 4.
Scope of practice.
The scope of practice of acupuncture new text begin and herbal medicine
new text end includesdeleted text begin ,deleted text end but is not limited todeleted text begin ,deleted text end the following:
(1) deleted text begin using Oriental medical theory to assess and diagnose a patient; anddeleted text end new text begin evaluation,
management, and treatment services using methods and techniques described in section
147B.01, subdivisions 2a, 3, and 14;
new text end
(2) deleted text begin using Oriental medical theory to develop a plan to treat a patient. The treatment
techniques that may be chosen include:deleted text end new text begin diagnostic examination, testing, and procedures,
including physical examination, basic diagnostic imaging, and basic laboratory or other
diagnostic tests for the purposes of guiding treatment within the scope of practice of
acupuncture, herbal medicine, and herbal therapies, as described in section 147B.01,
subdivisions 2a, 3, and 14. When results fall outside of the education, training, and expertise
of a licensed acupuncturist, or suggest serious or emergent conditions, the acupuncturist
must facilitate referrals to other appropriate health care providers;
new text end
deleted text begin
(i) insertion of sterile acupuncture needles through the skin;
deleted text end
deleted text begin
(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
application of heat;
deleted text end
deleted text begin
(iii) cupping;
deleted text end
deleted text begin
(iv) dermal friction;
deleted text end
deleted text begin
(v) acupressure;
deleted text end
deleted text begin
(vi) herbal therapies;
deleted text end
deleted text begin
(vii) dietary counseling based on traditional Chinese medical principles;
deleted text end
deleted text begin
(viii) breathing techniques;
deleted text end
deleted text begin
(ix) exercise according to Oriental medical principles; or
deleted text end
deleted text begin
(x) Oriental massage.
deleted text end
new text begin
(3) services included in acupuncture and herbal medicine practice;
new text end
new text begin
(4) stimulation of acupuncture points, areas of the body, or substances in the body using
acupuncture needles, heat, color, light, infrared and ultraviolet, low-level or cold lasers,
sound, vibration, pressure, magnetism, electricity, electromagnetic energy, suction, or other
devices in accordance with the training of an acupuncture practitioner;
new text end
new text begin
(5) use of physical medicine modalities, procedures, and devices, including but not
limited to cupping, dermal friction, acupressure, and massage, as described in section
147B.01, subdivisions 2a, 3, and 14;
new text end
new text begin
(6) use of therapeutic exercises, breathing techniques, meditation, and biofeedback
devices and other devices that utilize heat, color, light, infrared and ultraviolet, low-level
or cold lasers, sound, vibration, pressure, magnetism, electricity, and electromagnetic energy
for therapeutic purposes; and
new text end
new text begin
(7) general dietary guidance that is provided for wellness and supportive purposes and
that is consistent with the education and training of an acupuncture practitioner.
new text end
Sec. 24.
Minnesota Statutes 2024, section 147B.06, subdivision 5, is amended to read:
Subd. 5.
Patient records.
An acupuncturist shall maintain a patient record for each
patient treated, including:
(1) a copy of the informed consent;
(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;
(3) evidence of deleted text begin a traditional acupuncturedeleted text end examination and diagnosis;
(4) record of the treatment including points treated; and
(5) evidence of evaluation and instructions given to the patient.
Sec. 25.
Minnesota Statutes 2024, section 147B.06, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Licensed health care professionals. new text end
new text begin
Nothing in section 147B.01, subdivision
2a, shall be construed to expand or restrict the existing scope of practice of other licensed
health care professionals.
new text end
Sec. 26. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 147B.01, subdivision 18,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: H1270-2
147B.01 DEFINITIONS.
Subd. 18.
Oriental medicine.
"Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as being fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy status of the body and treating the body with acupuncture and other related modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain.