SF 639

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; amending the Medical Practice Act; 
  1.3             specifying that the administration and prescription of 
  1.4             anesthetics is the practice of medicine; defining 
  1.5             exemptions to the restrictions on the practice of 
  1.6             medicine with respect to anesthesia; amending 
  1.7             Minnesota Statutes 1998, sections 147.081, subdivision 
  1.8             3; and 147.09. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 147.081, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [PRACTICE OF MEDICINE DEFINED.] For purposes of 
  1.13  this chapter, a person not exempted under section 147.09 is 
  1.14  "practicing medicine" or engaged in the "practice of medicine" 
  1.15  if the person does any of the following:  
  1.16     (1) advertises, holds out to the public, or represents in 
  1.17  any manner that the person is authorized to practice medicine in 
  1.18  this state; 
  1.19     (2) offers or undertakes to prescribe, give, or administer 
  1.20  any drug or medicine for the use of another, including the 
  1.21  administration or prescription of anesthetics; 
  1.22     (3) offers or undertakes to prevent or to diagnose, 
  1.23  correct, or treat in any manner or by any means, methods, 
  1.24  devices, or instrumentalities, any disease, illness, pain, 
  1.25  wound, fracture, infirmity, deformity or defect of any person; 
  1.26     (4) offers or undertakes to perform any surgical operation 
  1.27  including any invasive or noninvasive procedures involving the 
  2.1   use of a laser or laser assisted device, upon any person; 
  2.2      (5) offers to undertake to use hypnosis for the treatment 
  2.3   or relief of any wound, fracture, or bodily injury, infirmity, 
  2.4   or disease; or 
  2.5      (6) uses in the conduct of any occupation or profession 
  2.6   pertaining to the diagnosis of human disease or conditions, the 
  2.7   designation "doctor of medicine," "medical doctor," "doctor of 
  2.8   osteopathy," "osteopath," "osteopathic physician," "physician," 
  2.9   "surgeon," "M.D.," "D.O.," or any combination of these 
  2.10  designations. 
  2.11     Sec. 2.  Minnesota Statutes 1998, section 147.09, is 
  2.12  amended to read: 
  2.13     147.09 [EXEMPTIONS.] 
  2.14     Section 147.081 does not apply to, control, prevent or 
  2.15  restrict the practice, service, or activities of:  
  2.16     (1) A person who is a commissioned medical officer of, a 
  2.17  member of, or employed by, the armed forces of the United 
  2.18  States, the United States Public Health Service, the Veterans 
  2.19  Administration, any federal institution or any federal agency 
  2.20  while engaged in the performance of official duties within this 
  2.21  state, if the person is licensed elsewhere.  
  2.22     (2) A licensed physician from a state or country who is in 
  2.23  actual consultation here.  
  2.24     (3) A licensed or registered physician who treats the 
  2.25  physician's home state patients or other participating patients 
  2.26  while the physicians and those patients are participating 
  2.27  together in outdoor recreation in this state as defined by 
  2.28  section 86A.03, subdivision 3.  A physician shall first register 
  2.29  with the board on a form developed by the board for that 
  2.30  purpose.  The board shall not be required to promulgate the 
  2.31  contents of that form by rule.  No fee shall be charged for this 
  2.32  registration.  
  2.33     (4) A student practicing under the direct supervision of a 
  2.34  preceptor while the student is enrolled in and regularly 
  2.35  attending a recognized medical school.  
  2.36     (5) A student who is in continuing training and performing 
  3.1   the duties of an intern or resident or engaged in postgraduate 
  3.2   work considered by the board to be the equivalent of an 
  3.3   internship or residency in any hospital or institution approved 
  3.4   for training by the board, provided the student has a residency 
  3.5   permit issued by the board under section 147.0391. 
  3.6      (6) A person employed in a scientific, sanitary, or 
  3.7   teaching capacity by the state university, the department of 
  3.8   children, families, and learning, or by any public or private 
  3.9   school, college, or other bona fide educational institution, or 
  3.10  the state department of health, whose duties are entirely of a 
  3.11  public health or educational character, while engaged in such 
  3.12  duties. 
  3.13     (7) Physician's assistants registered in this state.  
  3.14     (8) A doctor of osteopathy duly licensed by the state board 
  3.15  of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
  3.16  148.16, prior to May 1, 1963, who has not been granted a license 
  3.17  to practice medicine in accordance with this chapter provided 
  3.18  that the doctor confines activities within the scope of the 
  3.19  license. 
  3.20     (9) Any person licensed by a health related licensing 
  3.21  board, as defined in section 214.01, subdivision 2, or 
  3.22  registered by the commissioner of health pursuant to section 
  3.23  214.13, including psychological practitioners with respect to 
  3.24  the use of hypnosis; provided that the person confines 
  3.25  activities within the scope of the license.; and provided that 
  3.26  with respect to the practice of anesthesia, anesthesia is 
  3.27  administered only by: 
  3.28     (i) a qualified anesthesiologist; 
  3.29     (ii) a doctor of medicine or osteopathy, other than an 
  3.30  anesthesiologist; 
  3.31     (iii) a dentist, oral surgeon, or podiatrist who is 
  3.32  qualified to administer anesthesia in accordance with law; or 
  3.33     (iv) a certified registered nurse anesthetist, as defined 
  3.34  under Code of Federal Regulations, title 42, section 410.69, 
  3.35  paragraph (b), who is under the supervision of the operating 
  3.36  practitioner or of an anesthesiologist who is immediately 
  4.1   available if needed. 
  4.2      (10) A person who practices ritual circumcision pursuant to 
  4.3   the requirements or tenets of any established religion. 
  4.4      (11) A Christian Scientist or other person who endeavors to 
  4.5   prevent or cure disease or suffering exclusively by mental or 
  4.6   spiritual means or by prayer. 
  4.7      (12) A physician licensed to practice medicine in another 
  4.8   state who is in this state for the sole purpose of providing 
  4.9   medical services at a competitive athletic event.  The physician 
  4.10  may practice medicine only on participants in the athletic 
  4.11  event.  A physician shall first register with the board on a 
  4.12  form developed by the board for that purpose.  The board shall 
  4.13  not be required to adopt the contents of the form by rule.  The 
  4.14  physician shall provide evidence satisfactory to the board of a 
  4.15  current unrestricted license in another state.  The board shall 
  4.16  charge a fee of $50 for the registration.  
  4.17     (13) A psychologist licensed under section 148.907 or a 
  4.18  social worker licensed under section 148B.21 who uses or 
  4.19  supervises the use of a penile or vaginal plethysmograph in 
  4.20  assessing and treating individuals suspected of engaging in 
  4.21  aberrant sexual behavior and sex offenders. 
  4.22     (14) Any person issued a training course certificate or 
  4.23  credentialed by the emergency medical services regulatory board 
  4.24  established in chapter 144E, provided the person confines 
  4.25  activities within the scope of training at the certified or 
  4.26  credentialed level.