HF 1075

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; regulating the practice of certain 
  1.3             professional health services; amending Minnesota 
  1.4             Statutes 1996, section 319A.02, by adding a 
  1.5             subdivision; Laws 1997, chapter 22, section 6, 
  1.6             subdivision 1; proposing coding for new law as 
  1.7             Minnesota Statutes, chapter 319B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 319A.02, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 2a.  [PROFESSIONAL HEALTH SERVICE.] (a) Individuals 
  1.12  who furnish professional services pursuant to a license or 
  1.13  certificate issued by the state of Minnesota to practice 
  1.14  medicine pursuant to sections 147.01 to 147.22, chiropractic 
  1.15  pursuant to sections 148.01 to 148.106, registered nursing 
  1.16  pursuant to sections 148.171 to 148.285, optometry pursuant to 
  1.17  sections 148.52 to 148.62, psychology pursuant to sections 
  1.18  148.88 to 148.98, dentistry pursuant to sections 150A.01 to 
  1.19  150A.12, pharmacy pursuant to sections 151.01 to 151.40, or 
  1.20  podiatric medicine pursuant to sections 153.01 to 153.26 are 
  1.21  specifically authorized to practice any of these categories of 
  1.22  services in combination if the individuals are organized under 
  1.23  this chapter. 
  1.24     (b) This authorization does not authorize an individual to 
  1.25  practice any profession, or furnish a professional service, for 
  1.26  which the individual is not licensed, but otherwise applies 
  2.1   regardless of any contrary provision of a licensing statute or 
  2.2   rules adopted pursuant to that statute, related to practicing 
  2.3   and organizing in combination with other health services 
  2.4   professionals. 
  2.5      (c) A professional corporation may not adopt, implement, or 
  2.6   follow a policy, procedure, or practice that would give a board 
  2.7   grounds for disciplinary action against a professional who 
  2.8   follows, agrees to, or acquiesces in the policy, procedure, or 
  2.9   practice. 
  2.10     (d) This subdivision expires on December 31, 1998. 
  2.11     Sec. 2.  [319B.40] [PROFESSIONAL HEALTH SERVICES.] 
  2.12     (a) Individuals who furnish professional services pursuant 
  2.13  to a license or certificate issued by the state of Minnesota to 
  2.14  practice medicine pursuant to sections 147.01 to 147.22, 
  2.15  chiropractic pursuant to sections 148.01 to 148.106, registered 
  2.16  nursing pursuant to sections 148.171 to 148.285, optometry 
  2.17  pursuant to sections 148.52 to 148.62, psychology pursuant to 
  2.18  sections 148.88 to 148.98, dentistry pursuant to sections 
  2.19  150A.01 to 150A.12, pharmacy pursuant to sections 151.01 to 
  2.20  151.40, or podiatric medicine pursuant to sections 153.01 to 
  2.21  153.26 are specifically authorized to practice any of these 
  2.22  categories of services in combination if the individuals are 
  2.23  organized under this chapter. 
  2.24     (b) This authorization does not authorize an individual to 
  2.25  practice any profession, or furnish a professional service, for 
  2.26  which the individual is not licensed, but otherwise applies 
  2.27  regardless of any contrary provision of a licensing statute or 
  2.28  rules adopted pursuant to that statute, related to practicing 
  2.29  and organizing in combination with other health services 
  2.30  professionals. 
  2.31     Sec. 3.  Laws 1997, chapter 22, section 6, subdivision 1, 
  2.32  is amended to read: 
  2.33     Subdivision 1.  [CATEGORIES OF SERVICE.] (a) A professional 
  2.34  firm may provide professional services within Minnesota in one 
  2.35  of the categories listed in section 319B.02, subdivision 19, if: 
  2.36     (1) the professional firm's election under section 319B.03, 
  3.1   subdivision 2, or 319B.04, subdivision 2, specifies that 
  3.2   category; and 
  3.3      (2) each of the professional firm's owners meet the 
  3.4   requirements of section 319B.07 with regard to that category. 
  3.5      (b) A professional firm may provide professional services 
  3.6   within Minnesota in more than one of the categories listed in 
  3.7   section 319B.02, subdivision 19, if:  
  3.8      (1) the professional firm's election under section 319B.03, 
  3.9   subdivision 2, or 319B.04, subdivision 2, specifies those 
  3.10  categories; 
  3.11     (2) each of the professional firm's owners meet the 
  3.12  requirements of section 319B.07 with regard to at least one of 
  3.13  those categories; and 
  3.14     (3) section 319B.40, the relevant licensing statutes, as 
  3.15  listed in section 319B.02, subdivision 19, or rules in effect 
  3.16  under those licensing statutes, specifically authorize those 
  3.17  categories of services to be practiced in combination. 
  3.18     (c) A professional firm may exercise any powers accorded it 
  3.19  by its generally applicable governing law, so long as the 
  3.20  professional firm exercises those powers solely to provide the 
  3.21  pertinent professional services or to accomplish tasks ancillary 
  3.22  to providing those services. 
  3.23     (d) A professional firm may not conduct any other business 
  3.24  or provide any other services beyond those authorized in this 
  3.25  subdivision, either within or outside of Minnesota. 
  3.26     (e) A professional firm may not adopt, implement, or follow 
  3.27  a policy, procedure, or practice that would give a board grounds 
  3.28  for disciplinary action against a professional who follows, 
  3.29  agrees to, or acquiesces in the policy, procedure, or practice.