HF 2312

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for licensing of
naturopathic doctors; providing criminal penalties;
amending Minnesota Statutes 2004, sections 62J.54,
subdivision 2; 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 accredited by the Council on Naturopathic Medical
Education 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 offers 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 manipulative
therapy. new text end

new text begin "Naturopathic manipulative therapy" means the manually
administered, mechanical treatment of body structures or
tissues, in accordance with naturopathic principles, for the
purpose of restoring normal physiological function to the body
by normalizing and balancing the musculoskeletal system of the
body. new text end

new text begin Subd. 12. 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. 13. 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, naturopathic manipulative
therapy, 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 (a) The practice of naturopathic medicine by a licensed
naturopathic doctor includes, but is not limited to, the
following services: new text end

new text begin (1) using, 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, 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 using 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) 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

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 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. 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 each patient treated for
seven years, 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 144.336. new text end

new text begin Subd. 4. new text end [STATE AND MUNICIPAL PUBLIC HEALTH REGULATIONS. new text begin A
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 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 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 pursuant 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 clause; 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 such
physical forces as heat, cold, water, touch, and light so long
as these modalities are not performed in a manner that
constitutes the practice of naturopathic medicine. 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, with the exception of
those seeking licensure by endorsement or reciprocity under
subdivision 2, 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 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 Subd. 3. new text end

new text begin Temporary permit. new text end

new text begin The board may issue a
temporary permit to practice as a licensed naturopathic doctor
to an applicant 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 permit remains valid only until the
meeting of the board at which 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 a fee of $25 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 per 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
five-member Licensed Naturopathic Doctor Advisory Council
consisting of one public member as defined in section 214.02,
three licensed naturopathic doctors, 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
expires December 31, 2012. 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; and new text end

new text begin (7) perform other duties authorized for advisory councils
by chapter 214, as directed by the board. 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, $150; 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 begin EFFECTIVE DATE. new text end

new text begin This article is effective July 1, 2006. new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2004, section 62J.54,
subdivision 2, is amended to read:

Subd. 2.

Unique identification number for individual
health care providers.

(a) Not later than 24 months after the
date on which a unique health identifier for health care
providers is adopted or established under United States Code,
title 42, sections 1320d to 1320d-8 (1996 and subsequent
amendments), all group purchasers and health care providers in
Minnesota shall use a unique identification number to identify
an individual health care provider, except as provided in
paragraph (b).

(b) Small health plans, as defined by the federal Secretary
of Health and Human Services under United States Code, title 42,
section 1320d-4 (1996 and subsequent amendments), shall use a
unique identification number to identify an individual health
care provider no later than 36 months after the date on which a
unique health identifier for health care providers is adopted or
established under United States Code, title 42, sections 1320d
to 1320d-8 (1996 and subsequent amendments).

(c) The unique health identifier for health care providers
adopted or established by the federal Secretary of Health and
Human Services under United States Code, title 42, sections
1320d to 1320d-8 (1996 and subsequent amendments), shall be used
as the unique identification number for individual health care
providers.

(d) Individual providers required to have a unique health
identifier are:

(1) physicians licensed under chapter 147;

(2) new text begin naturopathic doctors licensed under chapter 147E; new text end

new text begin (3) new text end dentists licensed under chapter 150A;

deleted text begin (3) deleted text end new text begin (4) new text end chiropractors licensed under chapter 148;

deleted text begin (4) deleted text end new text begin (5) new text end podiatrists licensed under chapter 153;

deleted text begin (5) deleted text end new text begin (6) new text end physician assistants as defined under section
147A.01;

deleted text begin (6) deleted text end new text begin (7) new text end advanced practice nurses as defined under section
62A.15;

deleted text begin (7) deleted text end new text begin (8) new text end doctors of optometry licensed under section 148.57;

deleted text begin (8) deleted text end new text begin (9) new text end pharmacists licensed under chapter 151;

deleted text begin (9) deleted text end new text begin (10) new text end individual providers who may bill Medicare for
medical and other health services as defined in United States
Code, title 42, section 1395x(s);

deleted text begin (10) deleted text end new text begin (11) new text end individual providers who are providers for state
and federal health care programs administered by the
commissioner of human services; and

deleted text begin (11) deleted text end new text begin (12) new text end other individual providers as required by the
federal Secretary of Health and Human Services under United
States Code, title 42, sections 1320d to 1320d-8 (1996 and
subsequent amendments).

Providers shall obtain a unique health identifier from the
federal Secretary of Health and Human Services using the process
prescribed by the Secretary.

(e) Only the unique individual health care provider
identifier shall be used for purposes of submitting and
receiving claims, and in conjunction with other data collection
and reporting functions.

(f) The commissioner of health may contract with the
federal Secretary of Health and Human Services or the
Secretary's agent to implement this subdivision.

Sec. 2.

Minnesota Statutes 2004, 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 begin naturopathic doctors licensed pursuant to chapter
147E; new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

deleted text begin (xlv) deleted text end new 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 end new 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. 3.

Minnesota Statutes 2004, 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 end 148, 148B, 148C,
150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (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. 4.

Minnesota Statutes 2004, 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
147 new 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. 5.

Minnesota Statutes 2004, 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 147 new text begin or naturopathic doctors licensed under chapter 147E new text end .

Sec. 6.

Minnesota Statutes 2004, 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 begin or 147E new text end or
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 sections 148B.18 to 148B.289; 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; 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; registered occupational therapists; or 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. 7.

Minnesota Statutes 2004, 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 begin licensed naturopathic doctor, new text end licensed
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. 8.

Minnesota Statutes 2004, 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 begin 147E, new text end 148, 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. 9.

Minnesota Statutes 2004, 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 end 148, 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. 10.

Minnesota Statutes 2004, 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 begin 147E, new text end 148, 150A, or
153.

Sec. 11. new text begin EFFECTIVE DATE. new text end

new text begin This article is effective July 1, 2006. new text end