HF 4183

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

A bill for an act
relating to complementary and alternative health care practices; prohibiting
the practice of naturopathy; amending Minnesota Statutes 2006, section
146A.01, subdivision 4; Minnesota Statutes 2007 Supplement, section 146A.08,
subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 146A.01, subdivision 4, is amended to
read:

Subd. 4.

Complementary and alternative health care practices.

(a)
"Complementary and alternative health care practices" means the broad domain of
complementary and alternative healing methods and treatments, including but not limited
to: (1) acupressure; (2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial
sacral therapy; (6) culturally traditional healing practices; (7) detoxification practices and
therapies; (8) energetic healing; (9) polarity therapy; (10) folk practices; (11) healing
practices utilizing food, food supplements, nutrients, and the physical forces of heat, cold,
water, touch, and light; (12) Gerson therapy and colostrum therapy; (13) healing touch;
(14) herbology or herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) body
work, massage, and massage therapy; (18) meditation; (19) mind-body healing practices;
(20) deleted text begin naturopathy; (21) deleted text end noninvasive instrumentalities; and deleted text begin (22) deleted text end new text begin (21) new text end traditional Oriental
practices, such as Qi Gong energy healing.

(b) Complementary and alternative health care practices do not include new text begin naturopathy,
new text end surgery, x-ray radiation, administering or dispensing legend drugs and controlled
substances, practices that invade the human body by puncture of the skin, setting fractures,
the use of medical devices as defined in section 147A.01, any practice included in the
practice of dentistry as defined in section 150A.05, subdivision 1, or the manipulation or
adjustment of articulations of joints or the spine as described in section 146.23 or 148.01.

(c) Complementary and alternative health care practices do not include practices that
are permitted under section 147.09, clause (11), or 148.271, clause (5).

(d) This chapter does not apply to, control, prevent, or restrict the practice,
service, or activity of lawfully marketing or distributing food products, including dietary
supplements as defined in the federal Dietary Supplement Health and Education Act,
educating customers about such products, or explaining the uses of such products.

new text begin (e) new text end Under Minnesota law, an unlicensed complementary and alternative health care
practitioner may not provide a medical diagnosis deleted text begin or deleted text end new text begin , new text end recommend discontinuance of
medically prescribed treatments new text begin , or practice naturopathy new text end .

new text begin (f) Nothing in this subdivision shall prohibit or limit the practice of naturopathy by
individuals who are certified, registered, or licensed naturopaths.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 146A.08, subdivision 1, is
amended to read:

Subdivision 1.

Prohibited conduct.

The commissioner may impose disciplinary
action as described in section 146A.09 against any unlicensed complementary and
alternative health care practitioner. The following conduct is prohibited and is grounds for
disciplinary action:

(a) Conviction of a crime, including a finding or verdict of guilt, an admission
of guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the
United States, reasonably related to engaging in complementary and alternative health
care practices. Conviction, as used in this subdivision, includes a conviction of an offense
which, if committed in this state, would be deemed a felony, gross misdemeanor, or
misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where
a finding or verdict of guilty is made or returned but the adjudication of guilt is either
withheld or not entered.

(b) Conviction of any crime against a person. For purposes of this chapter, a crime
against a person means violations of the following: sections 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242;
609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245; 609.25;
609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343; 609.344;
609.345; 609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause (1); 609.561;
609.562; 609.595; and 609.72, subdivision 3.

(c) Failure to comply with the self-reporting requirements of section 146A.03,
subdivision 7.

(d) Engaging in sexual contact with a complementary and alternative health care
client or former client, engaging in contact that may be reasonably interpreted by a client
as sexual, engaging in any verbal behavior that is seductive or sexually demeaning to the
patient, or engaging in sexual exploitation of a client or former client. For purposes of this
paragraph, "former client" means a person who has obtained services from the unlicensed
complementary and alternative health care practitioner within the past two years.

(e) Advertising that is false, fraudulent, deceptive, or misleading.

(f) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful
or careless disregard for the health, welfare, or safety of a complementary and alternative
health care client; or any other practice that may create danger to any client's life, health,
or safety, in any of which cases, proof of actual injury need not be established.

(g) Adjudication as mentally incompetent or as a person who is dangerous to
self or adjudication pursuant to chapter 253B as chemically dependent, mentally ill,
developmentally disabled, mentally ill and dangerous to the public, or as a sexual
psychopathic personality or sexually dangerous person.

(h) Inability to engage in complementary and alternative health care practices with
reasonable safety to complementary and alternative health care clients.

(i) The habitual overindulgence in the use of or the dependence on intoxicating
liquors.

(j) Improper or unauthorized personal or other use of any legend drugs as defined
in chapter 151, any chemicals as defined in chapter 151, or any controlled substance
as defined in chapter 152.

(k) Revealing a communication from, or relating to, a complementary and alternative
health care client except when otherwise required or permitted by law.

(l) Failure to comply with a complementary and alternative health care client's
request made under sections 144.291 to 144.298 or to furnish a complementary and
alternative health care client record or report required by law.

(m) Splitting fees or promising to pay a portion of a fee to any other professional
other than for services rendered by the other professional to the complementary and
alternative health care client.

(n) Engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws.

(o) Failure to make reports as required by section 146A.03 or cooperate with an
investigation of the office.

(p) Obtaining money, property, or services from a complementary and alternative
health care client, other than reasonable fees for services provided to the client, through
the use of undue influence, harassment, duress, deception, or fraud.

(q) Undertaking or continuing a professional relationship with a complementary and
alternative health care client in which the objectivity of the unlicensed complementary
and alternative health care practitioner would be impaired.

(r) Failure to provide a complementary and alternative health care client with a copy
of the client bill of rights or violation of any provision of the client bill of rights.

(s) Violating any order issued by the commissioner.

(t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the
rules adopted under those sections.

(u) Failure to comply with any additional disciplinary grounds established by the
commissioner by rule.

(v) Revocation, suspension, restriction, limitation, or other disciplinary action
against any health care license, certificate, registration, or right to practice of the
unlicensed complementary and alternative health care practitioner in this or another state
or jurisdiction for offenses that would be subject to disciplinary action in this state or
failure to report to the office that charges regarding the practitioner's license, certificate,
registration, or right of practice have been brought in this or another state or jurisdiction.

(w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any
other words, letters, or insignia to describe the complementary and alternative health care
practices the practitioner provides.

(x) Failure to provide a complementary and alternative health care client with a
recommendation that the client see a health care provider who is licensed or registered
by a health-related licensing board or the commissioner of health, if there is a reasonable
likelihood that the client needs to be seen by a licensed or registered health care provider.

new text begin (y) Practicing any form of naturopathy without being certified, registered, or licensed
to practice naturopathy.
new text end