HF 3750

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health occupations; prohibiting a doctor 
  1.3             of chiropractic from being disciplined for expressing 
  1.4             a professional opinion in an independent examination; 
  1.5             amending Minnesota Statutes 1996, section 148.09. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 148.09, is 
  1.8   amended to read: 
  1.9      148.09 [INDEPENDENT EXAMINATION.] 
  1.10     Subdivision 1.  [QUALIFICATIONS TO CONDUCT AN INDEPENDENT 
  1.11  EXAMINATION.] A doctor of chiropractic conducting a physical 
  1.12  examination of a patient or a review of records by a doctor of 
  1.13  chiropractic, for the purpose of generating a report or opinion 
  1.14  to aid a reparation obligor under chapter 65B in making a 
  1.15  determination regarding the condition or further treatment of 
  1.16  the patient, shall meet the following requirements: 
  1.17     (1) the doctor of chiropractic must either be an instructor 
  1.18  at an accredited school of chiropractic or have devoted not less 
  1.19  than 50 percent of practice time to direct patient care during 
  1.20  the two years immediately preceding the examination; 
  1.21     (2) the doctor of chiropractic must have completed any 
  1.22  annual continuing education requirements for chiropractors 
  1.23  prescribed by the board of chiropractic examiners; 
  1.24     (3) the doctor of chiropractic must not accept a fee of 
  1.25  more than $500 for each independent exam conducted; and 
  2.1      (4) the doctor of chiropractic must register with the board 
  2.2   of chiropractic examiners as an independent examiner and adhere 
  2.3   to all rules governing the practice of chiropractic. 
  2.4      Subd. 2.  [OPINION OR REPORT; GROUND FOR DISCIPLINE.] The 
  2.5   board of chiropractic examiners is prohibited from investigating 
  2.6   or disciplining a doctor of chiropractic for an expression of a 
  2.7   professional opinion or report generated in an independent 
  2.8   examination or record review.  This subdivision does not 
  2.9   prohibit the board of chiropractic examiners from investigating 
  2.10  or disciplining a doctor of chiropractic for a violation of any 
  2.11  of the provisions of subdivision 1.