HF 1334

as introduced - 87th Legislature (2011 - 2012) Posted on 03/30/2011 12:34pm

A bill for an act
relating to health professions; modifying the scope of practice for chiropractors;
amending Minnesota Statutes 2010, sections 148.01, subdivision 1, by adding
a subdivision; 148.105, subdivision 1; repealing Minnesota Statutes 2010,
section 148.01, subdivisions 2, 3; Minnesota Rules, parts 2500.0100, subparts
3, 4b, 9b; 2500.4000.

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

Section 1.

Minnesota Statutes 2010, section 148.01, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of sections 148.01 to 148.10:

(1) deleted text begin "chiropractic" is defined as the science of adjusting any abnormal articulations of
the human body, especially those of the spinal column, for the purpose of giving freedom
of action to impinged nerves that may cause pain or deranged function; and deleted text end new text begin "Chiropractic"
means the health care discipline that emphasizes the inherent recuperative power of the
body to heal itself without the use of drugs or surgery. Chiropractic focuses on the
relationship between structure, primarily the spine, and function, as coordinated by the
nervous system, and how that relationship affects the preservation and restoration of health.
new text end

new text begin (2) "Chiropractic services" means the evaluation and facilitation of biomechanical
and neurological function and integrity through the use of diagnostic procedures,
manipulative techniques, chiropractic manipulative techniques, and other chiropractic
procedures, and includes manual therapy and mechanical therapy as defined in section
146.23.
new text end

new text begin (3) "Chiropractic manipulative technique" means adjustment accomplished by
manual or mechanical forces applied to bones or joints and their related soft tissues for
optimal correction of biomechanical alterations or abnormal articulations.
new text end

new text begin (4) "Manipulative technique" means manipulation, mobilization, or other procedures
in addition to a chiropractic manipulative technique, accomplished by manual or
mechanical forces applied to bones or joints and their related soft tissues for optimal
correction of biomechanical alterations or abnormal articulations.
new text end

new text begin (5) "Acupuncture" means a modality of treating abnormal physical conditions by
stimulating various points of the body or interruption of the cutaneous integrity by needle
insertion to secure a reflex relief of the symptoms by nerve stimulation as used as an
adjunct to chiropractic adjustment.
new text end

new text begin (6) "Abnormal articulation" means the condition of opposing bony joint surfaces
that do not function normally, including fixation, adhesion, degeneration, deformity,
subluxation, dislocation, or other pathology that results in pain or disturbances within the
nervous system, results in postural alteration, inhibits motion, allows excessive motion,
alters direction of motion, or results in loss of axial loading efficiency, or a combination
of these.
new text end

new text begin (7) "Diagnosis" means the physical, clinical, and laboratory examination of the
patient, and the use of x-ray for diagnostic purposes within the scope of practice described
in sections 148.01 to 148.10.
new text end

new text begin (8) "Diagnostic services" means clinical, physical, laboratory, and other diagnostic
measures, including all types of diagnostic imaging that may be necessary to determine
the presence or absence of a condition, deficiency, deformity, abnormality, or disease as
a basis for evaluation of a health concern, diagnosis, differential diagnosis, treatment,
further examination, or referral.
new text end

new text begin (9) "Therapeutic services" means rehabilitative therapy, acupuncture, and all of the
therapeutic, rehabilitative, and preventive sciences and procedures for which the licensee
was subject to examination under section 148.06, including, but not limited to, physical
examinations, healthy screenings, and counseling regarding health lifestyles and behavior
modification. The administration of therapeutic services is the responsibility of the
treating chiropractor and must be rendered under the direct supervision of qualified staff.
new text end

deleted text begin (2) deleted text end new text begin (10) new text end "Animal chiropractic diagnosis and treatment" means treatment that includes
identifying and resolving vertebral subluxation complexes, spinal manipulation, and
manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
diagnosis and treatment does not include:

(i) performing surgery;

(ii) dispensing or administering of medications; or

(iii) performing traditional veterinary care and diagnosis.

Sec. 2.

Minnesota Statutes 2010, section 148.01, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Practice of chiropractic. new text end

new text begin An individual licensed to practice under section
148.06 is authorized to perform chiropractic services, diagnostic services, therapeutic
services within the context of the practice of chiropractic, and any other health care-related
activity chiropractors are authorized to undertake as a matter of law.
new text end

Sec. 3.

Minnesota Statutes 2010, section 148.105, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Any person who practices, or attempts to practice,
chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
"Chiropractor," "DC," new text begin "Chiropractic Physician," new text end or any other title or letters under any
circumstances as to lead the public to believe that the person who so uses the terms is
engaged in the practice of chiropractic, without having complied with the provisions of
sections 148.01 to 148.104, is guilty of a gross misdemeanor; and, upon conviction, fined
not less than $1,000 nor more than $10,000 or be imprisoned in the county jail for not less
than 30 days nor more than six months or punished by both fine and imprisonment, in the
discretion of the court. It is the duty of the county attorney of the county in which the
person practices to prosecute. Nothing in sections 148.01 to 148.105 shall be considered
as interfering with any person:

(1) licensed by a health-related licensing board, as defined in section 214.01,
subdivision 2, including psychological practitioners with respect to the use of hypnosis;

(2) registered by the commissioner of health under section 214.13; or

(3) engaged in other methods of healing regulated by law in the state of Minnesota;

provided that the person confines activities within the scope of the license or other
regulation and does not practice or attempt to practice chiropractic.

Sec. 4. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, section 148.01, subdivisions 2 and 3, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, new text end new text begin are
repealed.
new text end