HF 1225

as introduced - 87th Legislature (2011 - 2012) Posted on 03/21/2011 09:44am

A bill for an act
relating to health; requiring transparency in health care advertising; proposing
coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.6586] HEALTH CARE ADVERTISING TRANSPARENCY.
new text end

new text begin (a) An advertisement for health care services that includes a health care provider's
name shall identify the title and type of license the health care provider holds under which
the health care provider is practicing.
new text end

new text begin (b) An advertisement for health care services that includes a health professional's
name shall identify the American Board of Medical Specialties member board, a board or
association with requirements equivalent to a board approved by that person's medical
licensing authority, or a board or association with an Accreditation Council for Graduate
Medical Education approved postgraduate training program that provides complete
training in the person's specialty or subspecialty, and shall disclose the name of the board
or association in which the health professional is certified.
new text end

new text begin (c) A health care provider who violates this section commits an act of unprofessional
conduct.
new text end

new text begin (d) For the purposes of this section, "advertisement" includes billboards, brochures,
pamphlets, radio and television scripts, electronic media, printed telephone directories,
telephone and direct mail solicitations, and any other means of promotion intended to
directly or indirectly induce any person to enter into an agreement for services with the
health professional. Advertisement does not include materials that provide information
about network providers that are created by an entity regulated under chapter 62A.
new text end

Sec. 2.

new text begin [144.6587] APPROPRIATE PATIENT EXAMINATION.
new text end

new text begin (a) Notwithstanding any other provision of law, an elective cosmetic surgery
procedure may not be performed on a patient unless the patient has received, within 30
days prior to the elective cosmetic surgery procedure, and confirmed as up-to-date on the
day of the procedure, an appropriate physical examination by and written clearance for
the procedure from any of the following:
new text end

new text begin (1) a physician or surgeon who will be performing the surgery;
new text end

new text begin (2) another licensed physician or surgeon;
new text end

new text begin (3) a certified nurse practitioner, within the certified nurse practitioner's scope of
practice, unless limited by protocols or a delegation agreement; or
new text end

new text begin (4) a licensed physician assistant, within a licensed physician assistant's scope of
practice, unless limited by protocols or a delegation agreement.
new text end

new text begin (b) The physical examination described in paragraph (a) must include an appropriate
medical history.
new text end

new text begin (c) An appropriate medical history and physical examination done on the day of the
procedure is presumed to be in compliance with paragraphs (a) and (b).
new text end

new text begin (d) "Elective cosmetic surgery" means an elective surgery that is performed to alter
or reshape normal structures of the body in order to improve the patient's appearance,
including but not limited to liposuction and elective facial cosmetic surgery.
new text end

new text begin (e) A violation of this section shall constitute unprofessional conduct.
new text end