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Minnesota Legislature

Office of the Revisor of Statutes

HF 1724

2nd Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
1.1A bill for an act
1.2relating to occupations and professions; providing for registration of naturopathic
1.3doctors; establishing an advisory council; appropriating money;proposing
1.4coding for new law as Minnesota Statutes, chapter 147E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [147E.01] DEFINITIONS.
1.7    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.8    Subd. 2. Advisory council. "Advisory council" means the Registered Naturopathic
1.9Doctor Advisory Council established under section 147E.35.
1.10    Subd. 3. Approved naturopathic medical education program. "Approved
1.11naturopathic medical education program" means a naturopathic medical education
1.12program in the United States or Canada and meets the requirements for accreditation
1.13by the Council on Naturopathic Medical Education (CNME) or an equivalent federally
1.14recognized accrediting body for the naturopathic medical profession recognized by the
1.15board. This program must offer graduate-level full-time didactic and supervised clinical
1.16training leading to the degree of Doctor of Naturopathy or Doctor of Naturopathic
1.17Medicine. The program must be an institution, or part of an institution, of higher education
1.18that at the time the student completes the program is:
1.19    (1) either accredited or is a candidate for accreditation by a regional institution
1.20accrediting agency recognized by the United States Secretary of Education; or
1.21    (2) a degree granting college or university that prior to the existence of CNME
1.22offered a full-time structured curriculum in basic sciences and supervised patient care
1.23comprising a doctoral naturopathic medical education that is at least 132 weeks in
2.1duration, must be completed in at least 35 months, and is reputable and in good standing
2.2in the judgment of the board.
2.3    Subd. 4. Board. "Board" means the Board of Medical Practice or its designee.
2.4    Subd. 5. Contact hour. "Contact hour" means an instructional session of 50
2.5consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
2.6social activities.
2.7    Subd. 6. Homeopathic preparations. "Homeopathic preparations" means
2.8medicines prepared according to the Homeopathic Pharmacopoeia of the United States.
2.9    Subd. 7. Registered naturopathic doctor. "Registered naturopathic doctor" means
2.10an individual registered under this chapter.
2.11    Subd. 8. Minor office procedures. "Minor office procedures" means the use of
2.12operative, electrical, or other methods for the repair and care incidental to superficial
2.13lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in
2.14the superficial tissues and the use of antiseptics and local topical anesthetics in connection
2.15with such methods.
2.16    Subd. 9. Naturopathic licensing examination. "Naturopathic licensing
2.17examination" means the Naturopathic Physicians Licensing Examination or its successor
2.18administered by the North American Board of Naturopathic Examiners or its successor as
2.19recognized by the board.
2.20    Subd. 10. Naturopathic medicine. "Naturopathic medicine" means a system
2.21of primary health care for the prevention, assessment, and treatment of human health
2.22conditions, injuries, and diseases that uses:
2.23    (1) services, procedures, and treatments as described in section 147E.05; and
2.24    (2) natural health procedures and treatments in section 146A.01, subdivision 4.
2.25    Subd. 11. Naturopathic physical medicine. "Naturopathic physical medicine"
2.26includes, but is not limited to, the therapeutic use of the physical agents of air, water, heat,
2.27cold, sound, light, and electromagnetic nonionizing radiation and the physical modalities
2.28of electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage, stretching,
2.29colon hydrotherapy, frequency specific microcurrent, electrical muscle stimulation,
2.30transcutaneous electrical nerve stimulation, and therapeutic exercise.

2.31    Sec. 2. [147E.05] SCOPE OF PRACTICE.
2.32    Subdivision 1. Practice parameters. (a) The practice of naturopathic medicine
2.33includes, but is not limited to, the following services:
2.34    (1) ordering, administering, prescribing, or dispensing for preventive and therapeutic
2.35purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids,
3.1enzymes, botanicals and their extracts, botanical medicines, herbal remedies, homeopathic
3.2medicines, dietary supplements and nonprescription drugs as defined by the federal
3.3Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling,
3.4hypnotherapy, biofeedback, dietary therapy, electrotherapy, galvanic therapy, oxygen,
3.5therapeutic devices, barrier devices for contraception, and minor office procedures,
3.6including obtaining specimens to assess and treat disease;
3.7    (2) performing or ordering physical examinations and physiological function tests;
3.8    (3) ordering clinical laboratory tests and performing waived tests as defined by
3.9the United States Food and Drug Administration Clinical Laboratory Improvement
3.10Amendments of 1988 (CLIA);
3.11    (4) referring a patient for diagnostic imaging including x-ray, CT scan, MRI,
3.12ultrasound, mammogram, and bone densitometry to an appropriately licensed health care
3.13professional to conduct the test and interpret the results;
3.14    (5) prescribing nonprescription medications and therapeutic devices or ordering
3.15noninvasive diagnostic procedures commonly used by physicians in general practice; and
3.16    (6) prescribing or performing naturopathic physical medicine.
3.17    (b) A registered naturopathic doctor may admit patients to a hospital if the
3.18naturopathic doctor meets the hospital's governing body requirements regarding
3.19credentialing and privileging process.
3.20    Subd. 2. Prohibitions on practice. (a) The practice of naturopathic medicine
3.21does not include:
3.22    (1) administering therapeutic ionizing radiation or radioactive substances;
3.23    (2) administering general or spinal anesthesia;
3.24    (3) prescribing, dispensing, or administering legend drugs or controlled substances
3.25including chemotherapeutic substances; or
3.26    (4) performing or inducing abortions.
3.27    (b) A naturopathic doctor registered under this chapter shall not perform surgical
3.28procedures using a laser device or perform surgical procedures beyond superficial tissue.
3.29    (c) A naturopathic doctor shall not practice or claim to practice as a medical doctor,
3.30surgeon, osteopath, dentist, podiatrist, optometrist, psychologist, advanced practice
3.31professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist,
3.32dietician, nutritionist, or any other health care professional, unless the naturopathic
3.33physician also holds the appropriate license or registration for the health care practice
3.34profession.

3.35    Sec. 3. [147E.06] PROFESSIONAL CONDUCT.
4.1    Subdivision 1. Informed consent. (a) The registered naturopathic doctor shall
4.2obtain a signed informed consent from the patient prior to initiating treatment and after
4.3advising the patient of the naturopathic doctor's qualifications including education and
4.4registration information; and outlining of the scope of practice of registered naturopathic
4.5doctors in Minnesota. This information must be supplied to the patient in writing before
4.6or at the time of the initial visit. The registrant shall present treatment facts and options
4.7accurately to the patient or to the individual responsible for the patient's care and make
4.8treatment recommendations according to standards of good naturopathic medical practice.
4.9    (b) Upon request, the registered naturopathic doctor must provide a copy of the
4.10informed consent form to the board.
4.11    Subd. 2. Patient records. (a) A registered naturopathic doctor shall maintain a
4.12record for seven years for each patient treated, including:
4.13    (1) a copy of the informed consent;
4.14    (2) evidence of a patient interview concerning the patient's medical history and
4.15current physical condition;
4.16    (3) evidence of an examination and assessment;
4.17    (4) record of the treatment provided to the patient; and
4.18    (5) evidence of evaluation and instructions given to the patient, including
4.19acknowledgment by the patient in writing that, if deemed necessary by the registered
4.20naturopathic doctor, the patient has been advised to consult with another health care
4.21provider.
4.22    (b) A registered naturopathic doctor shall maintain the records of minor patients for
4.23seven years or until the minor's 19th birthday, whichever is longer.
4.24    Subd. 3. Data practices. All records maintained on a naturopathic patient by a
4.25registered naturopathic doctor are subject to sections 144.291 to 144.298.
4.26    Subd. 4. State and municipal public health regulations. A registered naturopathic
4.27doctor shall comply with all applicable state and municipal requirements regarding
4.28public health.

4.29    Sec. 4. [147E.10] PROTECTED TITLES.
4.30    Subdivision 1. Designation. (a) No individual may use the title "registered
4.31naturopathic doctor," "naturopathic doctor," "doctor of naturopathic medicine," or use,
4.32in connection with the individual's name, the letters "R.N.D." or "N.M.D.," or any other
4.33titles, words, letters, abbreviations, or insignia indicating or implying that the individual is
4.34a registered naturopathic doctor unless the individual has been registered as a registered
4.35naturopathic doctor according to this chapter.
5.1    (b) After July 1, 2009, individuals who are registered under this chapter and who
5.2represent themselves as practicing naturopathic medicine by use of a term in paragraph (a)
5.3shall conspicuously display the registration in the place of practice.
5.4    Subd. 2. Other health care practitioners. Nothing in this chapter may be construed
5.5to prohibit or to restrict:
5.6    (1) the practice of a profession by individuals who are licensed, certified, or
5.7registered under other laws of this state and are performing services within their authorized
5.8scope of practice;
5.9    (2) the provision of the complementary and alternative healing methods and
5.10treatments, including naturopathy, as described in chapter 146A;
5.11    (3) the practice of naturopathic medicine by an individual licensed, registered, or
5.12certified in another state and employed by the government of the United States while the
5.13individual is engaged in the performance of duties prescribed by the laws and regulations
5.14of the United States;
5.15    (4) the practice by a naturopathic doctor duly licensed, registered, or certified in
5.16another state, territory, or the District of Columbia when incidentally called into this state
5.17for consultation with a Minnesota licensed physician or Minnesota registered naturopathic
5.18doctor; or
5.19    (5) individuals not registered by this chapter from the use of individual modalities
5.20which comprise the practice of naturopathic medicine.
5.21    Subd. 3. Penalty. A person violating subdivision 1 is guilty of a misdemeanor.

5.22    Sec. 5. [147E.15] REGISTRATION REQUIREMENTS.
5.23    Subdivision 1. General requirements for registration. To be eligible for
5.24registration, an applicant must:
5.25    (1) submit a completed application on forms provided by the board along with all
5.26fees required under section 147E.40 that includes:
5.27    (i) the applicant's name, Social Security number, home address and telephone
5.28number, and business address and telephone number;
5.29    (ii) the name and location of the naturopathic medical program the applicant
5.30completed;
5.31    (iii) a list of degrees received from other educational institutions;
5.32    (iv) a description of the applicant's professional training;
5.33    (v) a list of registrations, certifications, and licenses held in other jurisdictions;
5.34    (vi) a description of any other jurisdiction's refusal to credential the applicant;
6.1    (vii) a description of all professional disciplinary actions initiated against the
6.2applicant in any jurisdiction; and
6.3    (viii) any history of drug or alcohol abuse, and any misdemeanor or felony
6.4conviction;
6.5    (2) submit a copy of a diploma from an approved naturopathic medical education
6.6program;
6.7    (3) have successfully passed the Naturopathic Physicians Licensing Examination,
6.8a competency-based national naturopathic licensing examination administered by the
6.9North American Board of Naturopathic Examiners or successor agency as recognized
6.10by the board; passing scores are determined by the Naturopathic Physicians Licensing
6.11Examination;
6.12    (4) submit additional information as requested by the board, including providing
6.13any additional information necessary to ensure that the applicant is able to practice with
6.14reasonable skill and safety to the public;
6.15    (5) sign a statement that the information in the application is true and correct to the
6.16best of the applicant's knowledge and belief; and
6.17    (6) sign a waiver authorizing the board to obtain access to the applicant's records
6.18in this or any other state in which the applicant has completed an approved naturopathic
6.19medical program or engaged in the practice of naturopathic medicine.
6.20    Subd. 2. Registration by endorsement; reciprocity. (a) To be eligible for
6.21registration by endorsement or reciprocity, the applicant must hold a current naturopathic
6.22license, registration, or certification in another state, Canadian province, the District of
6.23Columbia, or territory of the United States, whose standards for licensure, registration, or
6.24certification are at least equivalent to those of Minnesota, and must:
6.25    (1) submit the application materials and fees as required by subdivision 1, clauses
6.26(1), (2), and (4) to (6);
6.27    (2) have successfully passed either:
6.28    (i) the Naturopathic Physicians Licensing Examination; or
6.29    (ii) if prior to 1986, the state or provincial naturopathic board licensing examination
6.30required by that regulating state or province;
6.31    (3) provide a verified copy from the appropriate government body of a current
6.32license, registration, or certification for the practice of naturopathic medicine in another
6.33jurisdiction that has initial licensing, registration, or certification requirements equivalent
6.34to or higher than the requirements in subdivision 1; and
6.35    (4) provide letters of verification from the appropriate government body in each
6.36jurisdiction in which the applicant holds a license, registration, or certification. Each letter
7.1must state the applicant's name, date of birth, license, registration, or certification number,
7.2date of issuance, a statement regarding disciplinary actions, if any, taken against the
7.3applicant, and the terms under which the license, registration, or certification was issued.
7.4    (b) An applicant applying for license, registration, or certification by endorsement
7.5must be licensed, registered, or certified in another state or Canadian province
7.6prior to January 1, 2005, and have completed a 60-hour course and examination in
7.7pharmacotherapeutics.
7.8    Subd. 3. Temporary registration. The board may issue a temporary registration to
7.9practice as a registered naturopathic doctor to an applicant who is licensed, registered, or
7.10certified in another state or Canadian province and is eligible for registration under this
7.11section, if the application for registration is complete, all applicable requirements in this
7.12section have been met, and a nonrefundable fee has been paid. The temporary registration
7.13remains valid only until the meeting of the board at which time a decision is made on the
7.14registered naturopathic doctor's application for registration.
7.15    Subd. 4. Registration expiration. Registrations issued under this chapter expire
7.16annually.
7.17    Subd. 5. Renewal. (a) To be eligible for registration renewal a registrant must:
7.18    (1) annually, or as determined by the board, complete a renewal application on a
7.19form provided by the board;
7.20    (2) submit the renewal fee;
7.21    (3) provide evidence of a total of 25 hours of continuing education approved by the
7.22board as described in section 147E.25; and
7.23    (4) submit any additional information requested by the board to clarify information
7.24presented in the renewal application. The information must be submitted within 30 days
7.25after the board's request, or the renewal request is nullified.
7.26    Subd. 6. Change of address. A registrant who changes addresses must inform
7.27the board within 30 days, in writing, of the change of address. All notices or other
7.28correspondence mailed to or served on a registrant by the board are considered as having
7.29been received by the registrant.
7.30    Subd. 7. Registration renewal notice. At least 45 days before the registration
7.31renewal date, the board shall send out a renewal notice to the last known address of the
7.32registrant on file. The notice must include a renewal application and a notice of fees
7.33required for renewal or instructions for online renewal. It must also inform the registrant
7.34that registration will expire without further action by the board if an application for
7.35registration renewal is not received before the deadline for renewal. The registrant's
7.36failure to receive this notice does not relieve the registrant of the obligation to meet the
8.1deadline and other requirements for registration renewal. Failure to receive this notice is
8.2not grounds for challenging expiration of registration status.
8.3    Subd. 8. Renewal deadline. The renewal application and fee must be postmarked
8.4on or before December 31 of the year of renewal. If the postmark is illegible, the
8.5application is considered timely if received by the third working day after the deadline.
8.6    Subd. 9. Inactive status and return to active status. (a) A registrant may be
8.7placed in inactive status upon application to the board by the registrant and upon payment
8.8of an inactive status fee.
8.9    (b) Registrants seeking restoration to active from inactive status must pay the current
8.10renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
8.11specified in subdivision 5, including continuing education hours.
8.12    (c) Registrants whose inactive status period has been five years or longer must
8.13additionally have a period of no less than eight weeks of advisory council-approved
8.14supervision by another registered naturopathic doctor.
8.15    Subd. 10. Registration following lapse of registration status for two years or
8.16less. For any individual whose registration status has lapsed for two years or less, to
8.17regain registration status, the individual must:
8.18    (1) apply for registration renewal according to subdivision 5;
8.19    (2) document compliance with the continuing education requirements of section
8.20147E.25 since the registrant's initial registration or last renewal; and
8.21    (3) submit the fees required under section 147E.40 for the period not registered,
8.22including the fee for late renewal.
8.23    Subd. 11. Cancellation due to nonrenewal. The board shall not renew, reissue,
8.24reinstate, or restore a registration that has lapsed and has not been renewed within two
8.25annual registration renewal cycles starting January 2009. A registrant whose registration
8.26is canceled for nonrenewal must obtain a new registration by applying for registration
8.27and fulfilling all requirements then in existence for initial registration as a registered
8.28naturopathic doctor.
8.29    Subd. 12. Cancellation of registration in good standing. (a) A registrant holding
8.30an active registration as a registered naturopathic doctor in the state may, upon approval
8.31of the board, be granted registration cancellation if the board is not investigating the
8.32person as a result of a complaint or information received or if the board has not begun
8.33disciplinary proceedings against the registrant. Such action by the board must be reported
8.34as a cancellation of registration in good standing.
9.1    (b) A registrant who receives board approval for registration cancellation is not
9.2entitled to a refund of any registration fees paid for the registration year in which
9.3cancellation of the registration occurred.
9.4    (c) To obtain registration after cancellation, a registrant must obtain a new
9.5registration by applying for registration and fulfilling the requirements then in existence
9.6for obtaining initial registration as a registered naturopathic doctor.
9.7    Subd. 13. Emeritus status of registration. A registrant may change the status of
9.8the registration to "emeritus" by filing the appropriate forms and paying the onetime
9.9fee of $50 to the board. This status allows the registrant to retain the title of registered
9.10naturopathic doctor but restricts the registrant from actively seeing patients.

9.11    Sec. 6. [147E.20] BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
9.12    (a) The board shall act on each application for registration according to paragraphs
9.13(b) to (d).
9.14    (b) The board shall determine if the applicant meets the requirements for registration
9.15under section 147E.15. The board or advisory council may investigate information
9.16provided by an applicant to determine whether the information is accurate and complete.
9.17    (c) The board shall notify each applicant in writing of action taken on the application,
9.18the grounds for denying registration if registration is denied, and the applicant's right
9.19to review under paragraph (d).
9.20    (d) Applicants denied registration may make a written request to the board, within
9.2130 days of the board's notice, to appear before the advisory council or the board and for
9.22the advisory council to review the board's decision to deny the applicant's registration.
9.23After reviewing the denial, the advisory council shall make a recommendation to the board
9.24as to whether the denial shall be affirmed. Each applicant is allowed only one request
9.25for review each yearly registration period.

9.26    Sec. 7. [147E.25] CONTINUING EDUCATION REQUIREMENT.
9.27    Subdivision 1. Number of required contact hours. (a) A registrant applying for
9.28registration renewal must complete a minimum of 25 contact hours of board-approved
9.29continuing education in the year preceding registration renewal, with the exception of
9.30the registrant's first incomplete year, and attest to completion of continuing education
9.31requirements by reporting to the board.
9.32    (b) Of the 25 contact hours of continuing education requirement in paragraph (a), at
9.33least five hours of continuing education must be in pharmacotherapeutics.
10.1    Subd. 2. Approved programs. The board shall approve continuing education
10.2programs that have been approved for continuing education credit by the American
10.3Association of Naturopathic Physicians or any of its constituent state associations, the
10.4American Chiropractic Association or any of its constituent state associations, the
10.5American Osteopathic Association Bureau of Professional Education, the American
10.6Pharmacists Association or any of its constituent state associations, or an organization
10.7approved by the Accreditation Council for Continuing Medical Education.
10.8    Subd. 3. Approval of continuing education programs. The board shall also
10.9approve continuing education programs that do not meet the requirements of subdivision 2
10.10but meet the following criteria:
10.11    (1) the program content directly relates to the practice of naturopathic medicine;
10.12    (2) each member of the program faculty is knowledgeable in the subject matter as
10.13demonstrated by a degree from an accredited education program, verifiable experience in
10.14the field of naturopathic medicine, special training in the subject matter, or experience
10.15teaching in the subject area;
10.16    (3) the program lasts at least 50 minutes per contact hour;
10.17    (4) there are specific, measurable, written objectives, consistent with the program,
10.18describing the expected outcomes for the participants; and
10.19    (5) the program sponsor has a mechanism to verify participation and maintains
10.20attendance records for three years.
10.21    Subd. 4. Accumulation of contact hours. A registrant may not apply contact hours
10.22acquired in one one-year reporting period to a future continuing education reporting period.
10.23    Subd. 5. Verification of continuing education credits. The board shall periodically
10.24select a random sample of registrants and require those registrants to supply the board
10.25with evidence of having completed the continuing education to which they attested.
10.26Documentation may come directly from the registrants from state or national organizations
10.27that maintain continuing education records.
10.28    Subd. 6. Continuing education topics. Continuing education program topics
10.29may include, but are not limited to, naturopathic medical theory and techniques
10.30including diagnostic techniques, nutrition, botanical medicine, homeopathic medicine,
10.31physical medicine, lifestyle modification counseling, anatomy, physiology, biochemistry,
10.32pharmacology, pharmacognosy, microbiology, medical ethics, psychology, history of
10.33medicine, and medical terminology or coding.
10.34    Subd. 7. Restriction on continuing education topics. (a) A registrant may apply
10.35no more than five hours of practice management to a one-year reporting period.
10.36    (b) A registrant may apply no more than 15 hours to any single subject area.
11.1    Subd. 8. Continuing education exemptions. The board may exempt any person
11.2holding a registration under this chapter from the requirements of subdivision 1 upon
11.3application showing evidence satisfactory to the board of inability to comply with the
11.4requirements because of physical or mental condition or because of other unusual or
11.5extenuating circumstances. However, no person may be exempted from the requirements
11.6of subdivision 1 more than once in any five-year period.

11.7    Sec. 8. [147E.30] DISCIPLINE; REPORTING.
11.8    For purposes of this chapter, registered naturopathic doctors and applicants are
11.9subject to sections 147.091 to 147.162.

11.10    Sec. 9. [147E.35] REGISTERED NATUROPATHIC DOCTOR ADVISORY
11.11COUNCIL.
11.12    Subdivision 1. Membership. The board shall appoint a seven-member Registered
11.13Naturopathic Doctor Advisory Council consisting of one public member as defined in
11.14section 214.02, five registered naturopathic doctors who are residents of the state, and one
11.15licensed physician or osteopath with expertise in natural medicine.
11.16    Subd. 2. Organization. The advisory council shall be organized and administered
11.17under section 15.059. Section 15.059, subdivision 2, does not apply to this section.
11.18Members shall serve two-year terms, and shall serve until their successors have been
11.19appointed. The council shall select a chair from its membership.
11.20    Subd. 3. Duties. The advisory council shall:
11.21    (1) advise the board regarding standards for registered naturopathic doctors;
11.22    (2) provide for distribution of information regarding registered naturopathic doctors
11.23standards;
11.24    (3) advise the board on enforcement of sections 147.091 to 147.162;
11.25    (4) review applications and recommend granting or denying registration or
11.26registration renewal;
11.27    (5) advise the board on issues related to receiving and investigating complaints,
11.28conducting hearings, and imposing disciplinary action in relation to complaints against
11.29registered naturopathic doctors;
11.30    (6) advise the board regarding approval of continuing education programs using the
11.31criteria in section 147E.25, subdivision 3; and
11.32    (7) perform other duties authorized for advisory councils by chapter 214, as directed
11.33by the board.
12.1    Subd. 4. Expiration. Notwithstanding section 15.059, the advisory council is
12.2permanent and does not expire.

12.3    Sec. 10. [147E.40] FEES.
12.4    Subdivision 1. Fees. Fees are as follows:
12.5    (1) registration application fee, $200;
12.6    (2) renewal fee, $150;
12.7    (3) late fee, $75;
12.8    (4) inactive status fee, $50; and
12.9    (5) temporary permit fee, $25.
12.10    Subd. 2. Proration of fees. The board may prorate the initial annual registration
12.11fee. All registrants are required to pay the full fee upon registration renewal.
12.12    Subd. 3. Penalty fee for late renewals. An application for registration renewal
12.13submitted after the deadline must be accompanied by a late fee in addition to the required
12.14fees.
12.15    Subd. 4. Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.

12.16    Sec. 11. APPOINTMENT OF NATUROPATHIC DOCTOR ADVISORY
12.17COUNCIL.
12.18    The appointments required under Minnesota Statutes, section 147E.35, must
12.19be completed by August 1, 2009. The Board of Medical Practice shall designate a
12.20member to convene the first meeting of the advisory council. For the purposes of the first
12.21appointments under Minnesota Statutes, section 147E.35, subdivision 1, a person who is
12.22eligible to apply for registration as a naturopathic doctor under Minnesota Statutes, section
12.23147E.15, may be appointed as a registered naturopathic doctor. If the appointee fails to
12.24submit a timely application for registration or if the appointee's application is rejected, the
12.25board must remove the appointee from the council and appoint a successor.

12.26    Sec. 12. NATUROPATHY WORK GROUP.
12.27    Subdivision 1. Work group. By September 1, 2008, the commissioner of health
12.28shall convene a work group to develop recommendations and proposed legislation, as
12.29necessary, on regulating naturopathic practitioners who are practicing as naturopathic
12.30medical doctors or physicians and who have postgraduate degrees in naturopathic
12.31medicine. The recommendations must ensure the continued practice of traditional
12.32naturopathy by traditional naturopaths under Minnesota Statutes, chapter 146A. The
12.33recommendations shall include the following issues:
13.1    (1) the appropriate level of regulation for practitioners with a postgraduate degree
13.2in naturopathic medicine;
13.3    (2) the definitions to be used for the recommended regulatory scheme to ensure the
13.4distinction between the practice of naturopathic medicine and the practice of traditional
13.5naturopathy;
13.6    (3) the level of education and training, including appropriate credentialing of
13.7educational programs for the postgraduate degree level of practice;
13.8    (4) the scope of practice for naturopathic practitioners with a postgraduate degree in
13.9naturopathic medicine that would be exclusive to these practitioners and would reflect
13.10the level of education and training. The scope of practice must acknowledge and ensure
13.11the continued practice of all complementary and alternative health practices, including
13.12naturopathy, currently practiced under Minnesota Statutes, chapter 146A;
13.13    (5) the appropriate regulatory authority, including the possible establishment of a
13.14new regulatory board; and
13.15    (6) any other regulatory requirements for naturopathic medicine the work group
13.16deems necessary.
13.17    Subd. 2. Membership and operation of work group. (a) The work group shall
13.18consist of the following members:
13.19    (1) three members appointed by the commissioner from organizations representing
13.20naturopathic physicians;
13.21    (2) three members appointed by the commissioner from organizations representing
13.22traditional naturopaths;
13.23    (3) one member appointed by the Acupuncture Association of Minnesota;
13.24    (4) one member appointed by the Minnesota Chiropractic Association;
13.25    (5) one member appointed by the Minnesota Medical Association; and
13.26    (6) one member appointed by the Office of Complementary and Alternative
13.27Medicine who does not practice as a traditional naturopath.
13.28    (b) The appointing authorities under paragraph (a) must complete their appointments
13.29no later than July 15, 2008. The commissioner's designee shall chair the meetings and
13.30provide staff support and meeting space for the work group. The members serve without
13.31compensation or reimbursement for any expenses.
13.32    Subd. 3. Research and recommendations. In developing its recommendations, the
13.33work group shall review regulatory systems of the practice of naturopathy in other states.
13.34The work group shall base its recommendations on regulatory strategies that protect the
13.35public. The work group shall complete its recommendations by December 15, 2008, and
13.36the commissioner shall submit a report containing the work group's recommendations
14.1and proposed legislation to the chairs and ranking minority members of the legislative
14.2committees with jurisdiction over health care by January 15, 2009.
14.3    Subd. 4. Expiration. The work group shall expire on the date the report required
14.4under subdivision 3 is submitted to the specified legislative members.
14.5EFFECTIVE DATE.This section is effective the day following final enactment.

14.6    Sec. 13. APPROPRIATIONS.
14.7    (a) $8,000 in fiscal year 2009 is appropriated from the state government special
14.8revenue fund to the Board of Medical Practice for the registration of naturopathic doctors
14.9under Minnesota Statutes, chapter 147E.
14.10    (b) $25,000 in fiscal year 2009 is appropriated from the state government special
14.11revenue fund to the commissioner of health for the naturopathy work group. This is
14.12a onetime appropriation.

14.13    Sec. 14. EFFECTIVE DATE.
14.14    Sections 1 to 11 and 13 are effective July 1, 2009.