1.1 	A bill for an act
1.2 	relating to health; authorizing expanded health care practices for health care 
1.3 	professionals; proposing coding for new law as Minnesota Statutes, chapter 
1.4 	146B.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [146B.01] MINNESOTA EXPANDED HEALTH CARE PRACTICES 
1.7 	ACT.
1.8 		Subdivision 1.Citation. This chapter may be cited as the "Minnesota Expanded 
1.9 	Health Care Practices Act for Licensed Health Care Professionals."
1.10 		Subd. 2.Purpose. The purpose of this chapter is to:
1.11 	(1) protect a person's right to seek health care of the person's choice;
1.12 	(2) ensure that the people of Minnesota maintain access to all health care options 
1.13 	including conventional treatment methods and other treatment modalities designed to 
1.14 	complement or substitute for conventional treatment methods; and
1.15 	(3) permit health care professionals licensed or registered by the state to offer 
1.16 	expanded and complementary or alternative health care treatments according to this 
1.17 	chapter.
1.18 		Subd. 3.Definitions. For the purposes of this chapter, the terms in this section 
1.19 	have the meanings given them.
1.20 	(a) "Expanded health care practices and services" means health care and healing 
1.21 	methods, modalities, treatments, procedures, or protocols that have not been generally 
1.22 	adopted by a profession, or that are not generally considered to be within the prevailing 
1.23 	minimum standards of care of a profession, or that are not standard practices of a 
1.24 	profession in a particular community.
2.1 	(b) "Licensed health care practitioner" means a health care practitioner licensed or 
2.2 	registered by the state to practice a health care profession under a licensing board or 
2.3 	the Department of Health.
2.4 	(c) "Patient" shall include a patient's parent, guardian, or conservator, as appropriate.
2.5 		Subd. 4.Right to provide expanded health care. Notwithstanding Minnesota 
2.6 	statutes, administrative rules, and other laws governing or authorizing health-related 
2.7 	professionals to practice their professions, a licensed health care practitioner may provide 
2.8 	expanded health care practices and services to patients as long as the treatments or services:
2.9 	(1) have a reasonable basis for potential benefit to the patient; 
2.10 	(2) do not pose a greater risk of direct and significant physical or emotional harm 
2.11 	to a patient when used as directed than that of conventional treatment that would have 
2.12 	been recommended; 
2.13 	(3) are provided with reasonable skill and safety according to the practitioner's 
2.14 	knowledge, education, experience, and training in the expanded health care practice or 
2.15 	service.
2.16 	A licensed health care practitioner providing expanded health care practices and services 
2.17 	must comply with the disclosure requirement in subdivision 5.
2.18 		Subd. 5.Disclosure guidelines for expanded practice. Prior to administering or 
2.19 	treating a patient with an expanded health care practice or service, a practitioner shall:
2.20 	(1) disclose in writing to the patient an explanation in plain terms of the theoretical 
2.21 	approach for the treatment or service and the practitioner's education, training, experience, 
2.22 	and credentials regarding the expanded health care practice and service being provided or 
2.23 	recommended;
2.24 	(2) obtain informed consent from the patient according to Minnesota law for 
2.25 	providing medical treatments including the nature and purpose of the proposed 
2.26 	expanded practices and services, the expected benefits, the significant and material risks 
2.27 	associated with the proposed expanded practices and services, and any other truthful 
2.28 	and nonmisleading information that a patient or client would reasonably require in 
2.29 	order to make an informed determination regarding whether to undertake or refuse the 
2.30 	recommended expanded practice and services; and
2.31 	(3) obtain written acknowledgment from the patient that the patient or client has 
2.32 	received the information required by this section.
2.33 		Subd. 6.Evidence. For any investigation or disciplinary proceeding regarding 
2.34 	a healing or health care practitioner performing expanded health care practices and 
2.35 	services, the authorized licensing board or regulatory authority shall use experts who 
2.36 	have specialized knowledge, training, and clinical competence in the practice method 
3.1 	or treatment used by the professional being investigated. The majority of the expert's 
3.2 	practice must be the same as that of the professional being investigated.
3.3 		Subd. 7.Complaints; investigations. A practitioner's license or registration shall 
3.4 	not be revoked, suspended, or conditioned, or have any other form of reprimand imposed 
3.5 	or be denied a license or registration if the practitioner is practicing in compliance with 
3.6 	this chapter and the practitioner has:
3.7 	(1) recommended or utilized expanded health care practices;
3.8 	(2) referred a patient to, or comanaged a patient or client with, a practitioner of 
3.9 	expanded health care practices or a practitioner who is practicing in compliance with 
3.10 	chapter 146A.
3.11 		Subd. 8.Burden of proof. In any proceeding under this section, the authorized 
3.12 	licensing board or regulatory authority having jurisdiction over the practitioner bears the 
3.13 	burden of proof regarding the practitioner's deviation from the requirements established 
3.14 	in this chapter.