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Minnesota Legislature

Office of the Revisor of Statutes

HF 1724

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; providing for licensing of naturopathic doctors; providing
criminal penalties; amending Minnesota Statutes 2006, sections 116J.70,
subdivision 2a; 144.335, subdivision 1; 145.61, subdivision 2; 146.23,
subdivision 7; 148B.60, subdivision 3; 151.01, subdivision 23; 214.23,
subdivision 1; 604A.01, subdivision 2; 604A.015; proposing coding for new law
as Minnesota Statutes, chapter 147E.

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

ARTICLE 1

GENERAL

Section 1.

new text begin [147E.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

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

new text begin Subd. 3. new text end

new text begin Approved naturopathic medical program. new text end

new text begin "Approved naturopathic
medical program" means a naturopathic medical education program in the United States
or Canada that meets board approval 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:
new text end

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

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Medical Practice or its designee.
new text end

new text begin Subd. 5. new text end

new text begin Contact hour. new text end

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

new text begin Subd. 6. new text end

new text begin Homeopathic preparations. new text end

new text begin "Homeopathic preparations" means
medicines prepared according to the Homeopathic Pharmacopoeia of the United States.
new text end

new text begin Subd. 7. new text end

new text begin Licensed naturopathic doctor. new text end

new text begin "Licensed naturopathic doctor" means a
person authorized and licensed to practice naturopathic medicine under this chapter.
new text end

new text begin Subd. 8. new text end

new text begin Minor office procedures. new text end

new text begin "Minor office procedures" means the use
of operative, electrical, or other methods for the surgical 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 anesthetics
in connection with such methods, except that it shall not include general or spinal
anesthetics, major surgery, surgery of the body cavities, or specialized surgeries such as
plastic surgery, surgery involving the eye, or surgery when tendons are involved.
new text end

new text begin Subd. 9. new text end

new text begin Naturopathic childbirth. new text end

new text begin "Naturopathic childbirth" means natural
childbirth which includes the use of natural obstetrical medicines, ophthalmic antibiotics,
obstetrical emergency medicines, and minor office procedures including episiotomies and
repair of first and second degree perineal tears, but which does not include the use of
forceps delivery, general or spinal anesthesia, or cesarean section.
new text end

new text begin Subd. 10. new text end

new text begin Naturopathic licensing examination. new text end

new text begin "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.
new text end

new text begin Subd. 11. new text end

new text begin Naturopathic medicine. new text end

new text begin "Naturopathic medicine" means a system
of primary health care practiced by licensed naturopathic doctors for the prevention,
diagnosis, and treatment of human health conditions, injuries, and diseases that uses:
new text end

new text begin (1) medical diagnostics and treatments as described in section 147E.05; and
new text end

new text begin (2) natural health procedures and treatments that do not require licensure as defined
in chapter 146A.
new text end

new text begin Subd. 12. new text end

new text begin Naturopathic physical medicine. new text end

new text begin "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, ultrasound, hydrotherapy,
massage, stretching, colon hydrotherapy, frequency specific microcurrent, electrical
muscle stimulation, transcutaneous electrical nerve stimulation, and therapeutic exercise.
new text end

Sec. 2.

new text begin [147E.05] SCOPE OF PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Practice parameters. new text end

new text begin (a) The practice of naturopathic medicine by a
licensed naturopathic doctor includes the following services:
new text end

new text begin (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, all dietary supplements and nonprescription drugs as defined by the federal
Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling,
hypnotherapy, biofeedback, dietary therapy, electrotherapy, ultrasound, galvanic therapy,
naturopathic physical medicine, oxygen, therapeutic devices, barrier devices for
contraception, and minor office procedures;
new text end

new text begin (2) performing or ordering for diagnostic purposes physical and orificial
examinations, electrocardiograms, ultrasound, phlebotomy, clinical laboratory tests and
examinations, and physiological function tests;
new text end

new text begin (3) ordering diagnostic imaging studies including x-ray, ultrasound, mammogram,
bone densitometry, and referring the studies to an appropriately licensed health care
professional to conduct the study and interpret the results;
new text end

new text begin (4) prescribing nonprescription medications and therapeutic devices or ordering
noninvasive diagnostic procedures commonly used by physicians in general practice;
new text end

new text begin (5) utilizing routes of administration that include oral, nasal, auricular, ocular, rectal,
vaginal, transdermal, intradermal, subcutaneous, intravenous, and intramuscular;
new text end

new text begin (6) prescribing or performing naturopathic physical medicine; and
new text end

new text begin (7) prescribing all legend and schedule III, IV, and V controlled substances.
new text end

new text begin (b) A licensed naturopathic doctor may prescribe any of the following:
new text end

new text begin (1) hormones, including human growth hormone; thyroid hormones, including
synthetics, armour, T3 and T4; natural estrogens; progesterone; testosterone;
dehydroepiandrosterone (DHEA); pregnenonlone; hydrocortisone; adrenocorticotropic
hormone (ACTH); and oxytocin;
new text end

new text begin (2) prostaglandins;
new text end

new text begin (3) silver nitrate;
new text end

new text begin (4) lidocaine;
new text end

new text begin (5) birth control pills and contraceptive barrier devices;
new text end

new text begin (6) antibiotics, including penicillins, cephalosporins, macrolides, tetracyclines,
quinolones, nitrofurantoin, clindamycin, trimethoprim, cotrimoxazole, fosfomycin, and
linezolid;
new text end

new text begin (7) antifungals, including nystatin and azoles;
new text end

new text begin (8) antiparasitics;
new text end

new text begin (9) antidiarrheals;
new text end

new text begin (10) diuretics;
new text end

new text begin (11) epinephrine;
new text end

new text begin (12) procaine;
new text end

new text begin (13) medications used to treat diabetes, including insulins, sulfonylureas,
meglitinides, thiazolidinediones, alpha-glucosidase inhibitors, and biguanides;
new text end

new text begin (14) oxygen;
new text end

new text begin (15) antihistamines;
new text end

new text begin (16) short-acting beta-2 agonists including albuterol;
new text end

new text begin (17) mast cell stabilizers including cromolyn sodium;
new text end

new text begin (18) selective estrogen receptor modifiers;
new text end

new text begin (19) bisphosphonates;
new text end

new text begin (20) heavy metal therapies: EDTA, DMPS, and penicillamine;
new text end

new text begin (21) nootropic drugs, including hydergine (ergoloid mesylate), selegiline, piracetam,
and bromocriptine; and
new text end

new text begin (22) nonhemorrhagic drugs.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions on practice. new text end

new text begin (a) The practice of naturopathic medicine
does not include:
new text end

new text begin (1) administering therapeutic ionizing radiation or radioactive substances;
new text end

new text begin (2) administering general or spinal anesthesia;
new text end

new text begin (3) prescribing, dispensing, or administering schedule II controlled substances,
including chemotherapeutic substances;
new text end

new text begin (4) performing major surgery, plastic surgery, or specialized surgeries; or
new text end

new text begin (5) performing or inducing abortions.
new text end

new text begin (b) A naturopathic physician licensed under this chapter shall not perform surgical
procedures using a laser device or perform surgical procedures involving the eye, ear,
tendons, nerves, veins, or arteries extending beyond superficial tissue. A naturopathic
physician shall not practice or claim to practice as a medical doctor, osteopath, dentist,
podiatrist, optometrist, psychologist, advanced practice professional nurse, physician
assistant, chiropractor, physical therapist, acupuncturist, or any other health care
professional, unless the naturopathic physician also holds a license for another health
care practice profession.
new text end

Sec. 3.

new text begin [147E.06] PROFESSIONAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Informed consent. new text end

new text begin The licensee shall obtain informed consent from
the patient prior to initiating treatment and after advising the patient of the licensee's
qualifications including education, license information, and outline of the scope of practice
of licensed naturopathic doctors in Minnesota. This information must be supplied to
the patient in writing before or at the time of the initial visit. The licensee 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

new text begin Subd. 2. new text end

new text begin Patient records. new text end

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

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

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

new text begin (3) evidence of an examination and diagnosis;
new text end

new text begin (4) record of the treatment; and
new text end

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

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

new text begin Subd. 3. new text end

new text begin Data practices. new text end

new text begin Data maintained on a naturopathic patient by a licensee is
subject to section 144.335.
new text end

new text begin Subd. 4.new text end new text beginState and municipal public health regulations.new text end new text beginA licensed naturopathic
doctor shall comply with all applicable state and municipal requirements regarding
public health.
new text end

Sec. 4.

new text begin [147E.10] LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure required. new text end

new text begin After July 1, 2006, persons who practice
naturopathic medicine, or represent themselves as practicing naturopathic medicine by use
of a term in subdivision 2, shall conspicuously display the license in the place of practice.
new text end

new text begin Subd. 2. new text end

new text begin Designation. new text end

new text begin No individual may use the title "licensed naturopathic
doctor," "naturopathic doctor," "doctor of naturopathic medicine," or use, in connection
with the individual's name, the letters "N.D." and "L.N.D.," or any other titles, words,
letters, abbreviations, or insignia indicating or implying that the individual is eligible for
licensure by the state as a licensed naturopath or a licensed naturopathic doctor unless the
individual has been licensed as a licensed naturopathic doctor according to this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Other health care practitioners. new text end

new text begin (a) Nonphysician individuals practicing
in a health care occupation or profession are not restricted in the provision of services
included in section 147E.05, as long as they do not hold themselves out as licensed
naturopathic doctors by or through the use of the titles provided in subdivision 2 in
association with the provision of these services.
new text end

new text begin (b) Nothing in this chapter may be construed to prohibit or to restrict:
new text end

new text begin (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;
new text end

new text begin (2) the practice of naturopathic medicine by an individual licensed 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 end

new text begin (3) the practice by a naturopathic physician duly licensed in another state, territory,
or the District of Columbia when incidentally called into this state for consultation with a
Minnesota licensed physician or Minnesota licensed naturopathic doctor;
new text end

new text begin (4) the practice of naturopathic medicine by students enrolled in an approved
naturopathic medical college if the performance of services is according to a course of
instruction or assignments from, and under the supervision of an instructor who is a
licensed physician, osteopath, chiropractor, or naturopathic doctor;
new text end

new text begin (5) an individual rendering aid in an emergency, when no fee or other consideration
for the service is charged, received, expected, or contemplated;
new text end

new text begin (6) an individual administering a remedy to a family member;
new text end

new text begin (7) a person engaged in the sale of vitamins, health foods, dietary supplements, and
other products of nature, the sale of which is not otherwise prohibited under state or
federal law except that this clause does not:
new text end

new text begin (i) allow that person to diagnose any human disease, ailment, injury, infirmity,
deformity, or other condition; or
new text end

new text begin (ii) prohibit providing truthful and nonmisleading information regarding anything
in this chapter;
new text end

new text begin (8) a person engaged in good faith in the practice of religious tenets of any religious
belief, without the use of prescription drugs;
new text end

new text begin (9) a person acting in good faith for religious reasons as a matter of conscience or as
a personal belief when obtaining or providing information regarding health care and the
use of any product under clause (7); and
new text end

new text begin (10) persons not licensed by this chapter from the use of individual modalities
which comprise the practice of naturopathic medicine, such as the use of nutritional
supplements, herbs, foods, homeopathic preparations, and physical forces such as heat,
cold, water, touch, and light.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

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

Sec. 5.

new text begin [147E.15] LICENSURE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements for licensure. new text end

new text begin To be eligible for licensure,
an applicant must:
new text end

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

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

new text begin (ii) the name and location of the naturopathic medical program the applicant
completed;
new text end

new text begin (iii) a list of degrees received from other educational institutions;
new text end

new text begin (iv) a description of the applicant's professional training beyond the first degree
received;
new text end

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

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

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

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

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

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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 end

new text begin Subd. 2. new text end

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

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

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

new text begin (2) have successfully passed either:
new text end

new text begin (i) the Naturopathic Physicians Licensing Examination; or
new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Temporary license. new text end

new text begin The board may issue a temporary license to practice
as a licensed naturopathic doctor to an applicant who is licensed in another state or
Canadian province and is eligible for licensure under this section, if the application for
licensure is complete, all applicable requirements in this section have been met, and
a nonrefundable fee has been paid. The temporary license remains valid only until the
meeting of the board at which time a decision is made on the licensed naturopathic
doctor's application for licensure.
new text end

new text begin Subd. 4. new text end

new text begin Licensure expiration. new text end

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

new text begin Subd. 5. new text end

new text begin Renewal. new text end

new text begin (a) To be eligible for licensure renewal a licensee must:
new text end

new text begin (1) annually, or as determined by the board, complete a renewal application on a
form provided by the board;
new text end

new text begin (2) submit the renewal fee;
new text end

new text begin (3) provide evidence of a total of 25 hours of continuing education approved by the
board as described in section 147E.25; and
new text end

new text begin (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.
new text end

new text begin Subd. 6. new text end

new text begin Change of address. new text end

new text begin A licensee 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 licensee by the board are considered as having
been received by the licensee.
new text end

new text begin Subd. 7. new text end

new text begin Licensure renewal notice. new text end

new text begin At least 45 days before the licensure renewal
date, the board shall send out a renewal notice to the last known address of the licensee
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 licensee that licensure
will expire without further action by the board if an application for licensure renewal is
not received before the deadline for renewal. The licensee's failure to receive this notice
does not relieve the licensee of the obligation to meet the deadline and other requirements
for registration renewal. Failure to receive this notice is not grounds for challenging
expiration of licensed status.
new text end

new text begin Subd. 8. new text end

new text begin Renewal deadline. new text end

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

new text begin Subd. 9. new text end

new text begin Inactive status and return to active status. new text end

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

new text begin (b) Licensees 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.
new text end

new text begin (c) Licensees 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 licensed naturopathic doctor.
new text end

new text begin Subd. 10. new text end

new text begin Licensing following lapse of licensed status for two years or less. new text end

new text begin For
any individual whose licensed status has lapsed for two years or less, to regain licensed
status, the individual must:
new text end

new text begin (1) apply for licensure renewal according to subdivision 5;
new text end

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

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

new text begin Subd. 11. new text end

new text begin Cancellation due to nonrenewal. new text end

new text begin The board shall not renew, reissue,
reinstate, or restore a license that has lapsed and has not been renewed within two annual
licensure renewal cycles starting January 2007. A licensee whose license is canceled
for nonrenewal must obtain a new license by applying for licensure and fulfilling all
requirements then in existence for initial licensure as a licensed naturopathic doctor.
new text end

new text begin Subd. 12. new text end

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

new text begin (a) A licensee holding an
active license as a licensed naturopathic doctor in the state may, upon approval of the
board, be granted licensure 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 licensee. Such action by the board must be reported as a
cancellation of licensure in good standing.
new text end

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

new text begin (c) To obtain licensure after cancellation, a licensee must obtain a new license by
applying for licensure and fulfilling the requirements then in existence for obtaining initial
licensing as a licensed naturopathic doctor.
new text end

new text begin Subd. 13. new text end

new text begin Emeritus status of license. new text end

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

new text begin Subd. 14. new text end

new text begin Naturopathic childbirth certification. new text end

new text begin (a) To be certified in naturopathic
childbirth, a licensed naturopathic doctor shall:
new text end

new text begin (1) pass either the American College of Naturopathic Obstetricians examination in
natural childbirth, or the North American Registry of Midwives examination in midwifery,
according to the standards set by the American College of Naturopathic Obstetricians or
the North American Registry of Midwives for the respective examination;
new text end

new text begin (2) submit written documentation that the doctor has actively managed 50 births,
50 prenatal visits, and 50 postpartum visits, under the direct supervision of a licensed
physician, osteopath, naturopathic doctor, or other practitioner of natural childbirth who is
legally recognized in the state or region in which such person practices;
new text end

new text begin (3) be a member of the American College of Naturopathic Obstetricians or its
successor; and
new text end

new text begin (4) follow a written plan for licensed naturopathic doctors practicing naturopathic
childbirth containing guidelines by which the licensed naturopathic doctor will refer
patients to a physician and will consult with a physician practicing obstetrical care. The
licensee shall supply a copy of the written plan upon request to the board. The plan must
be reviewed on an annual basis by the licensee.
new text end

new text begin (b) The certificate of specialty practice in naturopathic childbirth expires
concurrently with the licensee's naturopathic doctor's license. The certificate may be
renewed upon submission of the renewal fee and evidence of the completion of 15
hours of continuing education credits in naturopathic childbirth, midwifery, obstetrics,
or neonatal resuscitation, of which eight may be applied toward the general naturopathic
doctor's continuing education requirement.
new text end

new text begin (c) Licensees obtaining specialty certification under this subdivision shall submit the
current fee for specialty certification at each renewal period.
new text end

new text begin (d) Only licensed naturopathic doctors who have completed all requirements in
paragraph (a), and who hold specialty certification in naturopathic childbirth may practice
naturopathic childbirth.
new text end

new text begin (e) Licensed naturopathic doctors practicing naturopathic childbirth may order,
dispense, obtain, and administer the following for birth-related care: lab work including
blood work and specimens for routine obstetric care, obstetric ultrasound, vitamin K,
prophylactic eye ointment for neonates, antihemorrhagic medicines including pitocin
and methergine, IV fluids, lidocaine for first and second degree lacerations, oxygen, and
intravenous antibiotics for group B strep prophylaxis.
new text end

Sec. 6.

new text begin [147E.20] BOARD ACTION ON APPLICATIONS FOR LICENSURE.
new text end

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

new text begin (b) The board shall determine if the applicant meets the requirements for licensure
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.
new text end

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

new text begin (d) Applicants denied licensure 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 licensure. 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 licensure period.
new text end

Sec. 7.

new text begin [147E.25] CONTINUING EDUCATION REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Number of required contact hours. new text end

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

new text begin (b) Each licensee must complete at least seven hours of continuing education
in pharmacotherapeutics.
new text end

new text begin Subd. 2. new text end

new text begin Approved programs. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Approval of continuing education programs. new text end

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

new text begin (1) the program content directly relates to the practice of naturopathic medicine;
new text end

new text begin (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;
new text end

new text begin (3) the program lasts at least 50 minutes per contact hour;
new text end

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

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

new text begin Subd. 4. new text end

new text begin Accumulation of contact hours. new text end

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

new text begin Subd. 5. new text end

new text begin Verification of continuing education credits. new text end

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

new text begin Subd. 6. new text end

new text begin Continuing education topics. new text end

new text begin 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.
new text end

new text begin Subd. 7. new text end

new text begin Restriction on continuing education topics. new text end

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

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

new text begin Subd. 8. new text end

new text begin Continuing education exemptions. new text end

new text begin The board may exempt any person
holding a license 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.
new text end

Sec. 8.

new text begin [147E.30] DISCIPLINE; REPORTING.
new text end

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

Sec. 9.

new text begin [147E.35] LICENSED NATUROPATHIC DOCTOR ADVISORY
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

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

new text begin Subd. 2. new text end

new text begin Organization. new text end

new text begin The advisory council shall be organized and administered
under section 15.059. The council shall not expire.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory council shall:
new text end

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

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

new text begin (3) advise the board on enforcement of sections 147.091 to 147.162;
new text end

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

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

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

new text begin (7) perform other duties authorized for advisory councils by chapter 214, as directed
by the board; and
new text end

new text begin (8) advise the Board of Medical Practice on needed regulatory rules.
new text end

Sec. 10.

new text begin [147E.40] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin Fees are as follows:
new text end

new text begin (1) licensure application fee, $200;
new text end

new text begin (2) renewal fee, $150;
new text end

new text begin (3) late fee, $75;
new text end

new text begin (4) inactive status fee, $50; and
new text end

new text begin (5) temporary permit fee, $25.
new text end

new text begin Subd. 2. new text end

new text begin Proration of fees. new text end

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

new text begin Subd. 3. new text end

new text begin Penalty fee for late renewals. new text end

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

new text begin Subd. 4. new text end

new text begin Nonrefundable fees. new text end

new text begin All of the fees in subdivision 1 are nonrefundable.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2007.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2006, section 116J.70, subdivision 2a, is amended to
read:


Subd. 2a.

License; exceptions.

"Business license" or "license" does not include
the following:

(1) any occupational license or registration issued by a licensing board listed in
section 214.01 or any occupational registration issued by the commissioner of health
pursuant to section 214.13;

(2) any license issued by a county, home rule charter city, statutory city, township, or
other political subdivision;

(3) any license required to practice the following occupation regulated by the
following sections:

(i) abstracters regulated pursuant to chapter 386;

(ii) accountants regulated pursuant to chapter 326A;

(iii) adjusters regulated pursuant to chapter 72B;

(iv) architects regulated pursuant to chapter 326;

(v) assessors regulated pursuant to chapter 270;

(vi) athletic trainers regulated pursuant to chapter 148;

(vii) attorneys regulated pursuant to chapter 481;

(viii) auctioneers regulated pursuant to chapter 330;

(ix) barbers and cosmetologists regulated pursuant to chapter 154;

(x) boiler operators regulated pursuant to chapter 183;

(xi) chiropractors regulated pursuant to chapter 148;

(xii) collection agencies regulated pursuant to chapter 332;

(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
to chapter 150A;

(xiv) detectives regulated pursuant to chapter 326;

(xv) electricians regulated pursuant to chapter 326;

(xvi) mortuary science practitioners regulated pursuant to chapter 149A;

(xvii) engineers regulated pursuant to chapter 326;

(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;

(xix) certified interior designers regulated pursuant to chapter 326;

(xx) midwives regulated pursuant to chapter 147D;

(xxi) new text beginnaturopathic doctors licensed pursuant to chapter 147E;
new text end

new text begin (xxii) new text endnursing home administrators regulated pursuant to chapter 144A;

deleted text begin (xxii)deleted text endnew text begin (xxiii)new text end optometrists regulated pursuant to chapter 148;

deleted text begin (xxiii)deleted text endnew text begin (xxiv)new text end osteopathic physicians regulated pursuant to chapter 147;

deleted text begin (xxiv)deleted text endnew text begin (xxv)new text end pharmacists regulated pursuant to chapter 151;

deleted text begin (xxv)deleted text endnew text begin (xxvi)new text end physical therapists regulated pursuant to chapter 148;

deleted text begin (xxvi)deleted text endnew text begin (xxvii)new text end physician assistants regulated pursuant to chapter 147A;

deleted text begin (xxvii)deleted text endnew text begin (xxviii)new text end physicians and surgeons regulated pursuant to chapter 147;

deleted text begin (xxviii)deleted text endnew text begin (xxix)new text end plumbers regulated pursuant to chapter 326;

deleted text begin (xxix)deleted text endnew text begin (xxx)new text end podiatrists regulated pursuant to chapter 153;

deleted text begin (xxx)deleted text endnew text begin (xxxi)new text end practical nurses regulated pursuant to chapter 148;

deleted text begin (xxxi)deleted text endnew text begin (xxxii)new text end professional fund-raisers regulated pursuant to chapter 309;

deleted text begin (xxxii)deleted text endnew text begin (xxxiii)new text end psychologists regulated pursuant to chapter 148;

deleted text begin (xxxiii)deleted text endnew text begin (xxxiv)new text end real estate brokers, salespersons, and others regulated pursuant to
chapters 82 and 83;

deleted text begin (xxxiv)deleted text endnew text begin (xxxv)new text end registered nurses regulated pursuant to chapter 148;

deleted text begin (xxxv)deleted text endnew text begin (xxxvi)new text end securities brokers, dealers, agents, and investment advisers regulated
pursuant to chapter 80A;

deleted text begin (xxxvi)deleted text endnew text begin (xxxvii)new text end steamfitters regulated pursuant to chapter 326;

deleted text begin (xxxvii)deleted text endnew text begin (xxxviii)new text end teachers and supervisory and support personnel regulated pursuant
to chapter 125;

deleted text begin (xxxviii)deleted text endnew text begin (xxxix)new text end veterinarians regulated pursuant to chapter 156;

deleted text begin (xxxix)deleted text endnew text begin (xl)new text end water conditioning contractors and installers regulated pursuant to
chapter 326;

deleted text begin (xl)deleted text endnew text begin (xli)new text end water well contractors regulated pursuant to chapter 103I;

deleted text begin (xli)deleted text endnew text begin (xlii)new text end water and waste treatment operators regulated pursuant to chapter 115;

deleted text begin (xlii)deleted text endnew text begin (xliii)new text end motor carriers regulated pursuant to chapter 221;

deleted text begin (xliii)deleted text endnew text begin (xliv)new text end professional firms regulated under chapter 319B;

deleted text begin (xliv)deleted text endnew text begin (xlv)new text end real estate appraisers regulated pursuant to chapter 82B;

deleted text begin (xlv)deleted text endnew text begin (xlvi)new text end residential building contractors, residential remodelers, residential
roofers, manufactured home installers, and specialty contractors regulated pursuant
to chapter 326;new text begin or
new text end

deleted text begin (xlvi)deleted text endnew text begin (xlvii)new text end licensed professional counselors regulated pursuant to chapter 148B;

(4) any driver's license required pursuant to chapter 171;

(5) any aircraft license required pursuant to chapter 360;

(6) any watercraft license required pursuant to chapter 86B;

(7) any license, permit, registration, certification, or other approval pertaining to a
regulatory or management program related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is required to be obtained
from a state agency or instrumentality; and

(8) any pollution control rule or standard established by the Pollution Control
Agency or any health rule or standard established by the commissioner of health or any
licensing rule or standard established by the commissioner of human services.

Sec. 2.

Minnesota Statutes 2006, section 144.335, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given them:

(a) "Patient" means a natural person who has received health care services from a
provider for treatment or examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person the patient appoints in
writing as a representative, including a health care agent acting pursuant to chapter 145C,
unless the authority of the agent has been limited by the principal in the principal's health
care directive. Except for minors who have received health care services pursuant to
sections 144.341 to 144.347, in the case of a minor, patient includes a parent or guardian,
or a person acting as a parent or guardian in the absence of a parent or guardian.

(b) "Provider" means (1) any person who furnishes health care services and is
regulated to furnish the services pursuant to chapter 147, 147A, 147B, 147C, 147D,
new text begin 147E, new text end148, 148B, 148C, 148D, 150A, 151, 153, or 153A; (2) a home care provider
licensed under section 144A.46; (3) a health care facility licensed pursuant to this chapter
or chapter 144A; (4) a physician assistant registered under chapter 147A; and (5) an
unlicensed mental health practitioner regulated pursuant to sections 148B.60 to 148B.71.

(c) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

Sec. 3.

Minnesota Statutes 2006, section 145.61, subdivision 2, is amended to read:


Subd. 2.

Professional.

"Professional" means a person licensed or registered to
practice a healing art under chapter 147new text begin, 147E,new text end or 148, to practice dentistry under chapter
150A, to practice as a pharmacist under chapter 151, or to practice podiatry under chapter
153.

Sec. 4.

Minnesota Statutes 2006, section 146.23, subdivision 7, is amended to read:


Subd. 7.

Exemption.

The provisions of subdivision 2 do not apply to physicians
and doctors of osteopathy licensed under chapter 147new text begin or naturopathic doctors licensed
under chapter 147E
new text end.

Sec. 5.

Minnesota Statutes 2006, section 148B.60, subdivision 3, is amended to read:


Subd. 3.

Unlicensed mental health practitioner or practitioner.

"Unlicensed
mental health practitioner" or "practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in subdivision 4. It does not
include persons licensed by the Board of Medical Practice under chapter 147 new text beginor 147E new text endor
registered by the Board of Medical Practice under chapter 147A; the Board of Nursing
under sections 148.171 to 148.285; the Board of Psychology under sections 148.88
to 148.98; the Board of Social Work under chapter 148D; the Board of Marriage and
Family Therapy under sections 148B.29 to 148B.39; the Board of Behavioral Health and
Therapy under sections 148B.50 to 148B.593 and chapter 148C; or another licensing
board if the person is practicing within the scope of the license; members of the clergy
who are providing pastoral services in the context of performing and fulfilling the salaried
duties and obligations required of a member of the clergy by a religious congregation;
American Indian medicine men and women; licensed attorneys; probation officers; school
counselors employed by a school district while acting within the scope of employment
as school counselors; licensed occupational therapists; or licensed occupational therapy
assistants. For the purposes of complaint investigation or disciplinary action relating to an
individual practitioner, the term includes:

(1) persons employed by a program licensed by the commissioner of human services
who are acting as mental health practitioners within the scope of their employment;

(2) persons employed by a program licensed by the commissioner of human services
who are providing chemical dependency counseling services; persons who are providing
chemical dependency counseling services in private practice; and

(3) clergy who are providing mental health services that are equivalent to those
defined in subdivision 4.

Sec. 6.

Minnesota Statutes 2006, section 151.01, subdivision 23, is amended to read:


Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine,
licensed doctor of osteopathy duly licensed to practice medicine, new text beginlicensed naturopathic
doctor,
new text endlicensed doctor of dentistry, licensed doctor of optometry, licensed podiatrist, or
licensed veterinarian. For purposes of sections 151.15, subdivision 4, 151.37, subdivision
2
, paragraph (b), and 151.461, "practitioner" also means a physician assistant authorized
to prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
authorized to prescribe, dispense, and administer under section 148.235.

Sec. 7.

Minnesota Statutes 2006, section 214.23, subdivision 1, is amended to read:


Subdivision 1.

Commissioner of health.

The board shall enter into a contract
with the commissioner to perform the functions in subdivisions 2 and 3. The contract
shall provide that:

(1) unless requested to do otherwise by a regulated person, a board shall refer all
regulated persons infected with HIV, HBV, or HCV to the commissioner;

(2) the commissioner may choose to refer any regulated person who is infected
with HIV, HBV, or HCV as well as all information related thereto to the person's board
at any time for any reason, including but not limited to: the degree of cooperation and
compliance by the regulated person; the inability to secure information or the medical
records of the regulated person; or when the facts may present other possible violations
of the regulated persons practices act. Upon request of the regulated person who is
infected with HIV, HBV, or HCV the commissioner shall refer the regulated person and all
information related thereto to the person's board. Once the commissioner has referred a
regulated person to a board, the board may not thereafter submit it to the commissioner to
establish a monitoring plan unless the commissioner of health consents in writing;

(3) a board shall not take action on grounds relating solely to the HIV, HBV, or HCV
status of a regulated person until after referral by the commissioner; and

(4) notwithstanding sections 13.39 and 13.41 and chapters 147, 147A, new text begin147E, new text end148,
150A, 153, and 214, a board shall forward to the commissioner any information on a
regulated person who is infected with HIV, HBV, or HCV that the Department of Health
requests.

Sec. 8.

Minnesota Statutes 2006, section 604A.01, subdivision 2, is amended to read:


Subd. 2.

General immunity from liability.

(a) A person who, without
compensation or the expectation of compensation, renders emergency care, advice, or
assistance at the scene of an emergency or during transit to a location where professional
medical care can be rendered, is not liable for any civil damages as a result of acts or
omissions by that person in rendering the emergency care, advice, or assistance, unless the
person acts in a willful and wanton or reckless manner in providing the care, advice, or
assistance. This subdivision does not apply to a person rendering emergency care, advice,
or assistance during the course of regular employment, and receiving compensation or
expecting to receive compensation for rendering the care, advice, or assistance.

(b) For the purposes of this section, the scene of an emergency is an area outside
the confines of a hospital or other institution that has hospital facilities, or an office of
a person licensed to practice one or more of the healing arts under chapter 147, 147A,
new text begin 147E, new text end148, 150A, or 153. The scene of an emergency includes areas threatened by or
exposed to spillage, seepage, fire, explosion, or other release of hazardous materials,
and includes ski areas and trails.

(c) For the purposes of this section, "person" includes a public or private nonprofit
volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer
first provider of emergency medical services, volunteer ski patroller, and any partnership,
corporation, association, or other entity.

(d) For the purposes of this section, "compensation" does not include payments,
reimbursement for expenses, or pension benefits paid to members of volunteer
organizations.

(e) For purposes of this section, "emergency care" includes providing emergency
medical care by using or providing an automatic external defibrillator, unless the person
on whom the device is to be used objects; or unless the person is rendering this care
during the course of regular employment, the person is receiving or expects to receive
compensation for rendering this care, and the usual and regular duties of the person
include the provision of emergency medical care. "Automatic external defibrillator"
means a medical device heart monitor and defibrillator that:

(1) has received approval of its premarket notification, filed pursuant to United States
Code, title 21, section 360(k), from the United States Food and Drug Administration;

(2) is capable of recognizing the presence or absence of ventricular fibrillation or
rapid ventricular tachycardia, and is capable of determining, without intervention by an
operator, whether defibrillation should be performed; and

(3) upon determining that defibrillation should be performed, automatically charges
and requests delivery of an electrical impulse to an individual's heart.

Sec. 9.

Minnesota Statutes 2006, section 604A.015, is amended to read:


604A.015 SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.

A school bus driver who, while on duty, provides emergency care, advice, or
assistance at the scene of an emergency or during transit to a location where professional
medical care can be rendered, is not liable in ordinary negligence, for any civil damages as
a result of acts or omissions to the person to whom assistance is rendered by the school
bus driver in rendering the emergency care, advice, or assistance. For the purposes of this
section, the scene of an emergency is an area outside the confines of a hospital or other
institution that has hospital facilities, or an office of a person licensed to practice one or
more of the healing arts under chapter 147, new text begin147E, new text end148, 150A, or 153.

Sec. 10. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2007.
new text end