HF 1138

as introduced - 90th Legislature (2017 - 2018) Posted on 03/31/2017 07:17pm

A bill for an act
relating to health professions; requiring licensure of naturopathic doctors; modifying
scope of practice; amending Minnesota Statutes 2016, sections 147E.01; 147E.05;
147E.06; 147E.10; 147E.15; 147E.20; 147E.25; 147E.30; 147E.35; 147E.40;
151.01, subdivision 23.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 147E.01, is amended to read:

147E.01 DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section apply to this chapter.

Subd. 2.

Advisory council.

"Advisory council" means the deleted text begin Registered deleted text end Naturopathic
Doctor Advisory Council established under section 147E.35.

Subd. 3.

Approved naturopathic medical education program.

"Approved naturopathic
medical education program" means a naturopathic medical education program in the United
States or Canada and meets the requirements for accreditation by the Council on Naturopathic
Medical Education (CNME) or an equivalent federally recognized accrediting body for the
naturopathic medical profession recognized by the board. This program must offer
graduate-level full-time didactic and supervised clinical training leading to the degree of
Doctor of Naturopathy or Doctor of Naturopathic Medicine. The program must be an
institution, or part of an institution, of higher education that at the time the student completes
the program is:

(1) either accredited or is a candidate for accreditation by a regional institution accrediting
agency recognized by the United States Secretary of Education; or

(2) a degree granting college or university that prior to the existence of CNME offered
a full-time structured curriculum in basic sciences and supervised patient care comprising
a doctoral naturopathic medical education that is at least 132 weeks in duration, must be
completed in at least 35 months, and is reputable and in good standing in the judgment of
the board.

Subd. 4.

Board.

"Board" means the Board of Medical Practice or its designee.

Subd. 5.

Contact hour.

"Contact hour" means an instructional session of 50 consecutive
minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.

Subd. 6.

Homeopathic preparations.

"Homeopathic preparations" means medicines
prepared according to the Homeopathic Pharmacopoeia of the United States.

Subd. 7.

deleted text begin Registered deleted text end Naturopathic doctor.

deleted text begin "Registered Naturopathic doctor" deleted text end new text begin
"Naturopathic doctor" new text end means an individual deleted text begin registered deleted text end new text begin licensed new text end under this chapter.

Subd. 8.

Minor office procedures.

"Minor office procedures" means the use of operative,
electrical, or other methods for the repair and care incidental to superficial lacerations and
abrasions, superficial lesions, and the removal of foreign bodies located in the superficial
tissues and the use of antiseptics and local topical new text begin or injectable new text end anesthetics in connection
with such methods.

Subd. 9.

Naturopathic licensing examination.

"Naturopathic licensing examination"
means the Naturopathic Physicians Licensing Examination or its successor administered
by the North American Board of Naturopathic Examiners or its successor as recognized by
the board.

Subd. 10.

Naturopathic medicine.

"Naturopathic medicine" means a system of primary
health care for the prevention, assessment, and treatment of human health conditions, injuries,
and diseases that uses deleted text begin :
deleted text end

deleted text begin (1) deleted text end services, procedures, and treatments as described in section 147E.05 deleted text begin ; and
deleted text end

deleted text begin (2) natural health procedures and treatments in section 146A.01, subdivision 4 deleted text end .

Subd. 11.

Naturopathic physical medicine.

"Naturopathic physical medicine" includes,
but is not limited to, the therapeutic use of the physical agents of air, water, heat, cold,
sound, light, and electromagnetic nonionizing radiation and the physical modalities of
electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage, stretching, colon
hydrotherapy, frequency specific microcurrent, electrical muscle stimulation, transcutaneous
electrical nerve stimulation, new text begin naturopathic musculoskeletal mobilization, new text end and therapeutic
exercise.

Sec. 2.

Minnesota Statutes 2016, section 147E.05, is amended to read:

147E.05 SCOPE OF PRACTICE.

Subdivision 1.

Practice parameters.

(a) The practice of naturopathic medicine includes,
but is not limited to, the following services:

(1) ordering, administering, prescribing, or dispensing for preventive and therapeutic
purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids, enzymes,
botanicals and their extracts, botanical medicines, herbal remedies, homeopathic medicines,
dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and
Cosmetic Act, glandulars, protomorphogens, lifestyle counseling, hypnotherapy, biofeedback,
dietary therapy, electrotherapy, galvanic therapy, oxygen, therapeutic devices, new text begin and new text end barrier
devices for contraception deleted text begin , and minor office procedures, including obtaining specimens to
assess and treat disease deleted text end ;

new text begin (2) minor office procedures, including obtaining specimens to assess, diagnose, and treat
disease;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end performing or ordering physical examinations deleted text begin and deleted text end new text begin , including but not limited to new text end
physiological function tests new text begin , speculum examinations, orificial examinations, and phlebotomy new text end ;

deleted text begin (3) deleted text end new text begin (4) new text end ordering clinical laboratory tests and performing waived tests as defined by the
United States Food and Drug Administration Clinical Laboratory Improvement Amendments
of 1988 (CLIA);

deleted text begin (4) deleted text end new text begin (5) new text end referring a patient for diagnostic imaging including x-ray, CT scan, MRI,
ultrasound, mammogram, and bone densitometry to an appropriately licensed health care
professional to conduct the test and interpret the results;

deleted text begin (5) deleted text end new text begin (6) new text end prescribing deleted text begin nonprescription medications and deleted text end therapeutic devices or ordering
noninvasive diagnostic procedures commonly used by physicians in general practice; deleted text begin and
deleted text end

new text begin (7) prescribing, dispensing, and administering pharmacological therapies including
legend drugs; and
new text end

deleted text begin (6) deleted text end new text begin (8) new text end prescribing or performing naturopathic physical medicine.

(b) A deleted text begin registered deleted text end naturopathic doctor may admit patients to a hospital if the naturopathic
doctor meets the hospital's governing body requirements regarding credentialing and
privileging process.

Subd. 2.

Prohibitions on practice.

(a) The practice of naturopathic medicine does not
include:

(1) administering therapeutic ionizing radiation or radioactive substances;

(2) administering general or spinal anesthesia;

(3) prescribing, dispensing, or administering deleted text begin legend drugs or deleted text end controlled substances
including chemotherapeutic substances; or

(4) performing or inducing abortions.

(b) A naturopathic doctor deleted text begin registered deleted text end new text begin licensed new text end under this chapter shall not perform surgical
procedures using a laser device or perform surgical procedures beyond deleted text begin superficial tissue deleted text end new text begin
the repair of superficial lacerations and abrasions, superficial lesions, and the removal of
foreign bodies located in superficial tissues new text end .

(c) A naturopathic doctor shall not practice or claim to practice as a medical doctor,
surgeon, osteopathic physician, dentist, podiatrist, optometrist, psychologist, advanced
practice professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist,
deleted text begin dietician deleted text end new text begin dietitian new text end , nutritionist, or any other health care professional, unless the naturopathic
deleted text begin physician deleted text end new text begin doctor new text end also holds the appropriate license or registration for the health care practice
profession.

Sec. 3.

Minnesota Statutes 2016, section 147E.06, is amended to read:

147E.06 PROFESSIONAL CONDUCT.

Subdivision 1.

Informed consent.

(a) new text begin The naturopathic doctor shall present treatment
facts and options accurately to the patient or to the individual responsible for the patient's
care and make treatment recommendations according to standards of good naturopathic
medical practice. new text end The deleted text begin registered deleted text end naturopathic doctor shall obtain a signed informed consent
from the patient prior to initiating treatment deleted text begin and after advising the patient of the naturopathic
doctor's qualifications including education and registration information; and outlining of
the scope of practice of registered naturopathic doctors in Minnesota. This information must
be supplied to the patient in writing before or at the time of the initial visit. The registrant
shall present treatment facts and options accurately to the patient or to the individual
responsible for the patient's care and make treatment recommendations according to standards
of good naturopathic medical practice deleted text end .

(b) Upon request, the deleted text begin registered deleted text end naturopathic doctor must provide a copy of the informed
consent form to the board.

Subd. 2.

Patient records.

(a) A deleted text begin registered deleted text end naturopathic doctor shall maintain a record
for seven years for each patient treated, including:

(1) a copy of the new text begin signed new text end informed consent;

(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;

(3) evidence of an examination and assessment;

(4) record of the treatment provided to the patient; and

(5) evidence of evaluation and instructions given to the patient, including acknowledgment
by the patient in writing that, if deemed necessary by the deleted text begin registered deleted text end naturopathic doctor,
the patient has been advised to consult with another health care provider.

(b) A deleted text begin registered deleted text end naturopathic doctor shall maintain the records of minor patients for
seven years or until the minor's 19th birthday, whichever is longer.

Subd. 3.

Data practices.

All records maintained on a naturopathic patient by a deleted text begin registered deleted text end
naturopathic doctor are subject to sections 144.291 to 144.298.

Subd. 4. State and municipal public health regulations. A deleted text begin registered deleted text end naturopathic
doctor shall comply with all applicable state and municipal requirements regarding public
health.

Sec. 4.

Minnesota Statutes 2016, section 147E.10, is amended to read:

147E.10 new text begin UNAUTHORIZED PRACTICE; new text end PROTECTED TITLES new text begin ;
RESTRICTIONS new text end .

Subdivision 1.

Designation.

(a) No individual may use the title deleted text begin "registered naturopathic
doctor," deleted text end "naturopathic doctor," "doctor of naturopathic medicine," new text begin "naturopathic medical
doctor," "naturopathic physician," new text end or use, in connection with the individual's name, the
letters deleted text begin "R.N.D." deleted text end new text begin "N.D.," new text end or "N.M.D.," or any other titles, words, letters, abbreviations, or
insignia indicating or implying that the individual is a deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctor
unless the individual has been deleted text begin registered deleted text end new text begin licensed new text end as a deleted text begin registered deleted text end naturopathic doctor
according to this chapter.

(b) After deleted text begin July 1, 2009 deleted text end new text begin January 1, 2018 new text end , individuals who are deleted text begin registered deleted text end new text begin licensed new text end under
this chapter and who represent themselves as practicing naturopathic medicine by use of a
term in paragraph (a) shall conspicuously display the deleted text begin registration deleted text end new text begin license new text end in the place of
practice.

new text begin Subd. 1a. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin Effective January 1, 2018, no person shall
engage in the practice of naturopathic medicine as defined under section 147E.05, subdivision
1, paragraph (a), clauses (1) to (8), unless the person is licensed as a naturopathic doctor
according to this chapter.
new text end

Subd. 2.

Other health care practitioners.

Nothing in this chapter may be construed to
prohibit or to restrict:

(1) the practice of a profession by individuals who are licensed, certified, or registered
under other laws of this state and are performing services within their authorized scope of
practice;

(2) deleted text begin the provision of the complementary and alternative healing methods and treatments,
including naturopathy, as described in chapter 146A deleted text end new text begin the provision of complementary and
alternative healing methods and treatments as described in chapter 146A, including
naturopathy, natural remedies, ayurvedic medicine, herbal remedies, food and dietary
supplements, nutritional advice, homeopathy and homeopathic remedies, hydrotherapy and
therapeutic exercises, or any other complementary and alternative healing methods and
treatments that may be components of naturopathic medicine, except that an individual may
not represent that the individual is a naturopathic doctor or a provider of naturopathic
medicine unless the individual is licensed under this chapter new text end ;

(3) the practice of naturopathic medicine by an individual licensed, registered, or certified
in another state and employed by the government of the United States while the individual
is engaged in the performance of duties prescribed by the laws and regulations of the United
States; new text begin or
new text end

(4) the practice by a naturopathic doctor duly licensed, registered, or certified in another
state, territory, or the District of Columbia when incidentally called into this state for
consultation with a Minnesota licensed physician or Minnesota deleted text begin registered deleted text end new text begin licensed
new text end naturopathic doctor deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (5) individuals not registered by this chapter from the use of individual modalities which
comprise the practice of naturopathic medicine.
deleted text end

Subd. 3.

Penalty.

A person violating subdivision 1 new text begin or 2 new text end is guilty of a misdemeanor.

Sec. 5.

Minnesota Statutes 2016, section 147E.15, is amended to read:

147E.15 deleted text begin REGISTRATION deleted text end new text begin LICENSURE new text end REQUIREMENTS.

Subdivision 1.

General requirements deleted text begin for registration deleted text end new text begin for licensure new text end .

To be eligible
for deleted text begin registration deleted text end new text begin licensure as a naturopathic doctor new text end , an applicant must:

(1) submit a completed application on forms provided by the board along with all fees
required under section 147E.40 that includes:

(i) the applicant's name, Social Security number, home address and telephone number,
and business address and telephone number;

(ii) the name and location of the naturopathic medical program the applicant completed;

(iii) a list of degrees received from other educational institutions;

(iv) a description of the applicant's professional training;

(v) a list of registrations, certifications, and licenses held in other jurisdictions;

(vi) a description of any other jurisdiction's refusal to credential the applicant;

(vii) a description of all professional disciplinary actions initiated against the applicant
in any jurisdiction; and

(viii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(2) submit a copy of a diploma from an approved naturopathic medical education
program;

(3) have successfully passed the Naturopathic Physicians Licensing Examination, a
competency-based national naturopathic licensing examination administered by the North
American Board of Naturopathic Examiners or successor agency as recognized by the board;
passing scores are determined by the Naturopathic Physicians Licensing Examination;

(4) submit additional information as requested by the board, including providing any
additional information necessary to ensure that the applicant is able to practice with
reasonable skill and safety to the public;

(5) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief; and

(6) sign a waiver authorizing the board to obtain access to the applicant's records in this
or any other state in which the applicant has completed an approved naturopathic medical
program or engaged in the practice of naturopathic medicine.

new text begin Subd. 1a. new text end

new text begin Transition from registration to licensure. new text end

new text begin (a) An individual registered as a
naturopathic doctor by the board may be granted a license as a naturopathic doctor if the
individual:
new text end

new text begin (1) holds a current, valid registration as a naturopathic doctor that has been issued by
the board; and
new text end

new text begin (2) is in good standing with the board.
new text end

new text begin (b) For purposes of this subdivision, "good standing" means that the registered
naturopathic doctor is not currently under investigation by the board or advisory council as
the result of a complaint, or subject to disciplinary proceedings by the board.
new text end

Subd. 2.

deleted text begin Registration deleted text end new text begin Licensure new text end by endorsement; reciprocity.

deleted text begin (a) deleted text end To be eligible for
deleted text begin registration deleted text end new text begin licensure new text end by endorsement or reciprocity, the applicant must hold a current
naturopathic license, registration, or certification in another state, Canadian province, the
District of Columbia, or territory of the United States, whose standards for licensure,
registration, or certification are at least equivalent to those of Minnesota, and must:

(1) submit the application materials and fees as required by subdivision 1, clauses (1),
(2), and (4) to (6);

(2) have successfully passed either:

(i) the Naturopathic Physicians Licensing Examination; or

(ii) if prior to 1986, the state or provincial naturopathic board licensing examination
required by that regulating state or province;

(3) provide a verified copy from the appropriate government body of a current license,
registration, or certification for the practice of naturopathic medicine in another jurisdiction
that has initial licensing, registration, or certification requirements equivalent to or higher
than the requirements in subdivision 1; and

(4) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a license, registration, or certification. Each letter
must state the applicant's name, date of birth, license, registration, or certification number,
date of issuance, a statement regarding disciplinary actions, if any, taken against the applicant,
and the terms under which the license, registration, or certification was issued.

deleted text begin (b) An applicant applying for license, registration, or certification by endorsement must
be licensed, registered, or certified in another state or Canadian province prior to January
1, 2005, and have completed a 60-hour course and examination in pharmacotherapeutics.
deleted text end

Subd. 3.

Temporary deleted text begin registration deleted text end new text begin licensure new text end .

The board may issue a temporary
deleted text begin registration deleted text end new text begin license new text end to practice as a deleted text begin registered deleted text end naturopathic doctor to an applicant who deleted text begin is
licensed, registered, or certified deleted text end new text begin :
new text end

new text begin (1) holds a current naturopathic license, registration, or certification new text end in another state or
Canadian province deleted text begin and deleted text end new text begin , the District of Columbia, or territory of the United States, whose
standards for licensure, registration, or certification are at least equivalent to those of
Minnesota;
new text end

new text begin (2) new text end is eligible for deleted text begin registration deleted text end new text begin licensure new text end under this section deleted text begin , deleted text end deleted text begin if the application for registration
is complete, deleted text end new text begin ;
new text end

new text begin (3) meets new text end all applicable requirements in this section deleted text begin have been met, and a nonrefundable
fee has been paid. deleted text end new text begin ;
new text end

new text begin (4) completes an application for licensure; and
new text end

new text begin (5) pays the nonrefundable licensure fee.
new text end

The temporary deleted text begin registration deleted text end new text begin license new text end remains valid only until the meeting of the board at which
time a decision is made on the deleted text begin registered deleted text end naturopathic doctor's application for deleted text begin registration deleted text end new text begin
licensure new text end .

Subd. 4.

deleted text begin Registration deleted text end new text begin License new text end expiration.

deleted text begin Registrations deleted text end new text begin Licenses new text end issued under this
chapter expire annually.

Subd. 5.

Renewal.

To be eligible for deleted text begin registration deleted text end new text begin license new text end renewal a deleted text begin registrant deleted text end new text begin licensee new text end
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 evidence of a total of deleted text begin 25 deleted text end new text begin 30 new text end hours of continuing education approved by the
board as described in section 147E.25; and

(4) 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.

Subd. 6.

Change of address.

A deleted text begin registrant deleted text end new text begin licensee new text end who changes addresses must inform
the board within 30 days, in writing, of the change of address. All notices or other
correspondence mailed to or served on a deleted text begin registrant deleted text end new text begin licensee new text end by the board are considered as
having been received by the deleted text begin registrant deleted text end new text begin licensee new text end .

Subd. 7.

deleted text begin Registration deleted text end new text begin License new text end renewal notice.

At least 45 days before the deleted text begin registration deleted text end new text begin
license new text end renewal date, the board shall send out a renewal notice to the last known address of
the deleted text begin registrant deleted text end new text begin licensee new text end on file. The notice must include a renewal application and a notice
of fees required for renewal or instructions for online renewal. It must also inform the
deleted text begin registrant deleted text end new text begin licensee new text end that deleted text begin registration deleted text end new text begin the license new text end will expire without further action by the board
if an application for deleted text begin registration deleted text end new text begin license new text end renewal is not received before the deadline for
renewal. The deleted text begin registrant's deleted text end new text begin licensee's new text end failure to receive this notice does not relieve the deleted text begin registrant deleted text end new text begin
licensee new text end of the obligation to meet the deadline and other requirements for deleted text begin registration deleted text end new text begin license new text end
renewal. Failure to receive this notice is not grounds for challenging expiration of deleted text begin registration deleted text end new text begin
licensure new text end status.

Subd. 8.

Renewal deadline.

The renewal application and fee must be postmarked on or
before deleted text begin December 31 of the year of renewal deleted text end new text begin the deadline established by the board new text end . If the
postmark is illegible, the application is considered timely if received by the third working
day after the deadline.

Subd. 9.

Inactive status and return to active status.

(a) A deleted text begin registrant deleted text end new text begin licensee new text end may be
placed in inactive status upon application to the board by the deleted text begin registrant deleted text end new text begin licensee new text end and upon
payment of an inactive status fee.

(b) deleted text begin Registrants deleted text end new text begin Licensees new text end seeking restoration to active from inactive status must pay the
current renewal fees and all unpaid back inactive fees. They must meet the criteria for
renewal specified in subdivision 5, including continuing education hours.

(c) deleted text begin Registrants deleted text end new text begin Licensees new text end whose inactive status period has been five years or longer must
additionally have a period of no less than eight weeks of advisory council-approved
supervision by another deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctor.

Subd. 10.

deleted text begin Registration deleted text end new text begin Licensure new text end following lapse of deleted text begin registration deleted text end new text begin licensure new text end status for
two years or less.

For any individual whose deleted text begin registration deleted text end new text begin licensure new text end status has lapsed for two
years or less, to regain deleted text begin registration status deleted text end new text begin a license new text end , the individual must:

(1) apply for deleted text begin registration deleted text end new text begin license new text end renewal according to subdivision 5;

(2) document compliance with the continuing education requirements of section 147E.25
since the deleted text begin registrant's deleted text end new text begin licensee's new text end initial deleted text begin registration deleted text end new text begin licensure new text end or last renewal; and

(3) submit the fees required under section 147E.40 for the period not deleted text begin registered deleted text end new text begin licensed new text end ,
including the fee for late renewal.

Subd. 11.

Cancellation due to nonrenewal.

The board shall not renew, reissue, reinstate,
or restore a deleted text begin registration deleted text end new text begin license new text end that has lapsed and has not been renewed within two annual
deleted text begin registration deleted text end renewal cycles starting January 2009. A deleted text begin registrant deleted text end new text begin licensee new text end whose deleted text begin registration deleted text end new text begin
license new text end is canceled for nonrenewal must obtain a new deleted text begin registration deleted text end new text begin license new text end by applying for
deleted text begin registration deleted text end new text begin licensure new text end and fulfilling all requirements then in existence for initial deleted text begin registration deleted text end new text begin
licensure new text end as a deleted text begin registered deleted text end naturopathic doctor.

Subd. 12.

Cancellation of deleted text begin registration deleted text end new text begin licensure new text end in good standing.

(a) A deleted text begin registrant deleted text end new text begin
licensee new text end holding an active deleted text begin registration deleted text end new text begin license new text end as a deleted text begin registered deleted text end naturopathic doctor in the state
may, upon approval of the board, be granted deleted text begin registration deleted text end new text begin license new text end cancellation if the board
is not investigating the person as a result of a complaint or information received or if the
board has not begun disciplinary proceedings against the deleted text begin registrant deleted text end new text begin licensee new text end . Such action
by the board must be reported as a cancellation of deleted text begin registration deleted text end new text begin licensure new text end in good standing.

(b) A deleted text begin registrant deleted text end new text begin licensee new text end who receives board approval for deleted text begin registration deleted text end new text begin licensure new text end
cancellation is not entitled to a refund of any deleted text begin registration deleted text end fees paid for the deleted text begin registration deleted text end new text begin
licensure new text end year in which cancellation deleted text begin of the registration deleted text end occurred.

(c) To obtain deleted text begin registration deleted text end new text begin licensure new text end after cancellation, a deleted text begin registrant deleted text end new text begin licensee new text end must obtain
a new deleted text begin registration deleted text end new text begin license new text end by deleted text begin applying for registration deleted text end new text begin submitting an application new text end and fulfilling
the requirements then in existence for obtaining initial deleted text begin registration deleted text end new text begin licensure new text end as a deleted text begin registered deleted text end
naturopathic doctor.

Subd. 13.

Emeritus status deleted text begin of registration deleted text end .

A deleted text begin registrant deleted text end new text begin licensee new text end may change the status
of the deleted text begin registration deleted text end new text begin license new text end to "emeritus" by filing the appropriate forms and paying the
onetime fee of $50 to the board. This status allows the deleted text begin registrant deleted text end new text begin licensee new text end to retain the title
of deleted text begin registered deleted text end naturopathic doctor but restricts the deleted text begin registrant deleted text end new text begin licensee new text end from actively seeing
patients.

Sec. 6.

Minnesota Statutes 2016, section 147E.20, is amended to read:

147E.20 BOARD ACTION ON APPLICATIONS FOR deleted text begin REGISTRATION deleted text end new text begin
LICENSURE new text end .

(a) The board shall act on each application for deleted text begin registration deleted text end new text begin licensure new text end according to
paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for deleted text begin registration deleted text end new text begin
licensure new text end under section 147E.15. The board or advisory council may investigate information
provided by an applicant to determine whether the information is accurate and complete.

(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying deleted text begin registration deleted text end new text begin licensure new text end if deleted text begin registration deleted text end new text begin licensure new text end is denied, and the
applicant's right to review under paragraph (d).

(d) Applicants denied deleted text begin registration deleted text end new text begin licensure new text end may make a written request to the board,
within 30 days of the board's notice, to appear before the advisory council or the board and
for the advisory council to review the board's decision to deny the applicant's deleted text begin registration deleted text end new text begin
licensure new text end . After reviewing the denial, the advisory council shall make a recommendation
to the board as to whether the denial shall be affirmed. Each applicant is allowed only one
request for review each yearly deleted text begin registration deleted text end new text begin licensure new text end period.

Sec. 7.

Minnesota Statutes 2016, section 147E.25, is amended to read:

147E.25 CONTINUING EDUCATION REQUIREMENT.

Subdivision 1.

Number of required contact hours.

(a) A deleted text begin registrant deleted text end new text begin licensee new text end applying
for deleted text begin registration deleted text end new text begin license new text end renewal must complete a minimum of deleted text begin 25 deleted text end new text begin 30 new text end contact hours of
board-approved continuing education in the year preceding deleted text begin registration deleted text end new text begin license new text end renewal,
with the exception of the deleted text begin registrant's deleted text end new text begin licensee's new text end first incomplete year, and attest to completion
of continuing education requirements by reporting to the board.

(b) Of the deleted text begin 25 deleted text end new text begin 30 new text end contact hours of continuing education requirement in paragraph (a), at
least deleted text begin five deleted text end new text begin ten new text end hours of continuing education must be in pharmacotherapeutics.

Subd. 2.

Approved programs.

The board shall approve continuing education programs
that have been approved for continuing education credit by the American Association of
Naturopathic Physicians or any of its constituent state associations, the American Chiropractic
Association or any of its constituent state associations, the American Osteopathic Association
Bureau of Professional Education, the American Pharmacists Association or any of its
constituent state associations, or an organization approved by the Accreditation Council for
Continuing Medical Education.

Subd. 3.

Approval of continuing education programs.

The board shall also approve
continuing education programs that do not meet the requirements of subdivision 2 but meet
the following criteria:

(1) the program content directly relates to the practice of naturopathic medicine;

(2) each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable experience in
the field of naturopathic medicine, special training in the subject matter, or experience
teaching in the subject area;

(3) the program lasts at least 50 minutes per contact hour;

(4) there are specific, measurable, written objectives, consistent with the program,
describing the expected outcomes for the participants; and

(5) the program sponsor has a mechanism to verify participation and maintains attendance
records for three years.

Subd. 4.

Accumulation of contact hours.

A deleted text begin registrant deleted text end new text begin licensee new text end may not apply contact
hours acquired in one one-year reporting period to a future continuing education reporting
period.

Subd. 5.

Verification of continuing education credits.

The board shall periodically
select a random sample of deleted text begin registrants deleted text end new text begin licensees new text end and require those deleted text begin registrants deleted text end new text begin licensees new text end to
supply the board with evidence of having completed the continuing education to which they
attested. Documentation may come directly from the deleted text begin registrants deleted text end new text begin licensees new text end from state or
national organizations that maintain continuing education records.

Subd. 6.

Continuing education topics.

Continuing education program topics may
include, but are not limited to, naturopathic medical theory and techniques including
diagnostic techniques, nutrition, botanical medicine, homeopathic medicine, physical
medicine, lifestyle modification counseling, anatomy, physiology, biochemistry,
pharmacology, pharmacognosy, microbiology, medical ethics, psychology, history of
medicine, and medical terminology or coding.

Subd. 7.

Restriction on continuing education topics.

(a) A deleted text begin registrant deleted text end new text begin licensee new text end may
apply no more than five hours of practice management to a one-year reporting period.

(b) A deleted text begin registrant deleted text end new text begin licensee new text end may apply no more than 15 hours to any single subject area.

Subd. 8.

Continuing education exemptions.

The board may exempt any person holding
a deleted text begin registration deleted text end new text begin license new text end under this chapter from the requirements of subdivision 1 upon
application showing evidence satisfactory to the board of inability to comply with the
requirements because of physical or mental condition or because of other unusual or
extenuating circumstances. However, no person may be exempted from the requirements
of subdivision 1 more than once in any five-year period.

Sec. 8.

Minnesota Statutes 2016, section 147E.30, is amended to read:

147E.30 DISCIPLINE; REPORTING.

For purposes of this chapter, deleted text begin registered deleted text end naturopathic doctors and applicants are subject
to sections 147.091 to 147.162.

Sec. 9.

Minnesota Statutes 2016, section 147E.35, is amended to read:

147E.35 deleted text begin REGISTERED deleted text end NATUROPATHIC DOCTOR ADVISORY COUNCIL.

Subdivision 1.

Membership.

The board shall appoint a seven-member deleted text begin Registered deleted text end
Naturopathic Doctor Advisory Council consisting of one public member as defined in section
214.02, five deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctors who are residents of the state, and one
licensed physician or osteopathic physician with expertise in natural medicine.

Subd. 2.

Organization.

The advisory council shall be organized and administered under
section 15.059. Section 15.059, subdivision 2, does not apply to this section. Members shall
serve two-year terms, and shall serve until their successors have been appointed. The council
shall select a chair from its membership.

Subd. 3.

Duties.

The advisory council shall:

(1) advise the board regarding standards for deleted text begin registered deleted text end new text begin licensed new text end naturopathic doctors;

(2) provide for distribution of information regarding deleted text begin registered deleted text end new text begin licensed new text end naturopathic
doctors standards;

(3) advise the board on enforcement of sections 147.091 to 147.162;

(4) review applications and recommend granting or denying deleted text begin registration deleted text end new text begin licensure new text end or
deleted text begin registration deleted text end new text begin license new text end renewal;

(5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
deleted text begin registered deleted text end naturopathic doctors;

(6) advise the board regarding approval of continuing education programs using the
criteria in section 147E.25, subdivision 3; and

(7) perform other duties authorized for advisory councils by chapter 214, as directed by
the board.

Sec. 10.

Minnesota Statutes 2016, section 147E.40, is amended to read:

147E.40 FEES.

Subdivision 1.

Fees.

Fees are as follows:

(1) deleted text begin registration deleted text end new text begin license new text end application fee, $200;

(2) renewal fee, $150;

(3) late fee, $75;

(4) inactive status fee, $50; and

(5) temporary permit fee, $25.

Subd. 2.

Proration of fees.

The board may prorate the initial annual deleted text begin registration deleted text end new text begin license new text end
fee. All deleted text begin registrants deleted text end new text begin licensees new text end are required to pay the full fee upon deleted text begin registration deleted text end new text begin license new text end renewal.

Subd. 3.

Penalty fee for late renewals.

An application for deleted text begin registration deleted text end new text begin license new text end renewal
submitted after the deadline must be accompanied by a late fee in addition to the required
fees.

Subd. 4.

Nonrefundable fees.

All of the fees in subdivision 1 are nonrefundable.

Sec. 11.

Minnesota Statutes 2016, section 151.01, subdivision 23, is amended to read:

Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, deleted text begin or deleted text end licensed
advanced practice registered nurse new text begin , or licensed naturopathic doctor new text end . For purposes of sections
151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs (b), (e),
and (f); and 151.461, "practitioner" also means a physician assistant authorized to prescribe,
dispense, and administer under chapter 147A. For purposes of sections 151.15, subdivision
4; 151.252, subdivision 3; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner"
also means a dental therapist authorized to dispense and administer under chapter 150A.

Sec. 12. new text begin NATUROPATHIC DOCTOR ADVISORY COUNCIL.
new text end

new text begin The five registered naturopathic doctors appointed to and serving on the Naturopathic
Doctor Advisory Council established under Minnesota Statutes, section 147E.35, must apply
for and be issued a license under Minnesota Statutes, chapter 147E, by January 1, 2018, to
remain a member of the advisory council. If any of the five members required to be licensed
is not licensed by January 1, 2018, the board shall appoint a licensed naturopathic doctor
to replace the member.
new text end