SF 689

4th Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; regulating complementary and 
  1.3             alternative health care practitioners; establishing 
  1.4             civil penalties; amending Minnesota Statutes 1999 
  1.5             Supplement, sections 13.99, by adding a subdivision; 
  1.6             147.09; and 214.01, subdivision 2; proposing coding 
  1.7             for new law as Minnesota Statutes, chapter 146A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9              COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 
  1.10                       FREEDOM OF ACCESS ACT
  1.11     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.12  13.99, is amended by adding a subdivision to read: 
  1.13     Subd. 42c.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE 
  1.14  HEALTH CARE PRACTITIONERS AND CLIENTS.] Data obtained by the 
  1.15  commissioner of health on unlicensed complementary and 
  1.16  alternative health care practitioners and clients are classified 
  1.17  under sections 146A.06 and 146A.08. 
  1.18     Sec. 2.  [146A.01] [DEFINITIONS.] 
  1.19     Subdivision 1.  [TERMS.] As used in this chapter, the 
  1.20  following terms have the meanings given them. 
  1.21     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  1.22  commissioner of health or the commissioner's designee. 
  1.23     Subd. 3.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 
  1.24  CLIENT.] "Complementary and alternative health care client" 
  1.25  means an individual who receives services from an unlicensed 
  1.26  complementary and alternative health care practitioner. 
  2.1      Subd. 4.  [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE 
  2.2   PRACTICES.] (a) "Complementary and alternative health care 
  2.3   practices" means the broad domain of complementary and 
  2.4   alternative healing methods and treatments, including but not 
  2.5   limited to:  (1) acupressure; (2) anthroposophy; (3) aroma 
  2.6   therapy; (4) ayurveda; (5) cranial sacral therapy; (6) 
  2.7   culturally traditional healing practices; (7) detoxification 
  2.8   practices and therapies; (8) energetic healing; (9) polarity 
  2.9   therapy; (10) folk practices; (11) healing practices utilizing 
  2.10  food, food supplements, nutrients, and the physical forces of 
  2.11  heat, cold, water, touch, and light; (12) Gerson therapy and 
  2.12  colostrum therapy; (13) healing touch; (14) herbology or 
  2.13  herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) 
  2.14  body work, massage, and massage therapy; (18) meditation; (19) 
  2.15  mind-body healing practices; (20) naturopathy; (21) noninvasive 
  2.16  instrumentalities; and (22) traditional Oriental practices, such 
  2.17  as Qi Gong energy healing. 
  2.18     (b) Complementary and alternative health care practices do 
  2.19  not include surgery, x-ray radiation, administering or 
  2.20  dispensing legend drugs and controlled substances, practices 
  2.21  that invade the human body by puncture of the skin, setting 
  2.22  fractures, the use of medical devices as defined in section 
  2.23  147A.01, any practice included in the practice of dentistry as 
  2.24  defined in section 150A.05, subdivision 1, or the manipulation 
  2.25  or adjustment of articulations of joints or the spine as 
  2.26  described in section 146.23 or 148.01. 
  2.27     (c) Complementary and alternative health care practices do 
  2.28  not include practices that are permitted under section 147.09, 
  2.29  clause (11), or 148.271, clause (5).  
  2.30     (d) This chapter does not apply to, control, prevent, or 
  2.31  restrict the practice, service, or activity of lawfully 
  2.32  marketing or distributing food products, including dietary 
  2.33  supplements as defined in the federal Dietary Supplement Health 
  2.34  and Education Act, educating customers about such products, or 
  2.35  explaining the uses of such products.  Under Minnesota law, an 
  2.36  unlicensed complementary and alternative health care 
  3.1   practitioner may not provide a medical diagnosis or recommend 
  3.2   discontinuance of medically prescribed treatments. 
  3.3      Subd. 5.  [OFFICE OF UNLICENSED COMPLEMENTARY AND 
  3.4   ALTERNATIVE HEALTH CARE PRACTICE OR OFFICE.] "Office of 
  3.5   unlicensed complementary and alternative health care practice" 
  3.6   or "office" means the office of unlicensed complementary and 
  3.7   alternative health care practice established in section 146A.02. 
  3.8      Subd. 6.  [UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH 
  3.9   CARE PRACTITIONER.] "Unlicensed complementary and alternative 
  3.10  health care practitioner" means a person who: 
  3.11     (1) is not licensed or registered by a health-related 
  3.12  licensing board or the commissioner of health, or does not hold 
  3.13  oneself out to the public as licensed or registered by a 
  3.14  health-related licensing board or the commissioner of health; or 
  3.15     (2) is licensed or registered by the commissioner of health 
  3.16  or a health-related licensing board other than the board of 
  3.17  medical practice, the board of dentistry, the board of 
  3.18  chiropractic examiners, or the board of podiatric medicine, but 
  3.19  does not hold oneself out to the public as being licensed or 
  3.20  registered by the commissioner or a health-related licensing 
  3.21  board when engaging in complementary and alternative health 
  3.22  care; and 
  3.23     (3) has not had a license or registration issued by a 
  3.24  health-related licensing board or the commissioner of health 
  3.25  revoked or has not been disciplined in any manner at any time in 
  3.26  the past, unless the privilege to engage in complementary and 
  3.27  alternative health care practices has been established by order 
  3.28  of the commissioner of health; 
  3.29     (4) is engaging in complementary and alternative health 
  3.30  care practices; and 
  3.31     (5) is providing complementary and alternative health care 
  3.32  services for remuneration or is holding oneself out to the 
  3.33  public as a practitioner of complementary and alternative health 
  3.34  care practices. 
  3.35     Sec. 3.  [146A.02] [OFFICE OF UNLICENSED COMPLEMENTARY AND 
  3.36  ALTERNATIVE HEALTH CARE PRACTICE.] 
  4.1      Subdivision 1.  [CREATION.] The office of unlicensed 
  4.2   complementary and alternative health care practice is created in 
  4.3   the department of health to investigate complaints and take and 
  4.4   enforce disciplinary actions against all unlicensed 
  4.5   complementary and alternative health care practitioners for 
  4.6   violations of prohibited conduct, as defined in section 
  4.7   146A.08.  The office shall also serve as a clearinghouse on 
  4.8   complementary and alternative health care practices and 
  4.9   unlicensed complementary and alternative health care 
  4.10  practitioners through the dissemination of objective information 
  4.11  to consumers and through the development and performance of 
  4.12  public education activities, including outreach, regarding the 
  4.13  provision of complementary and alternative health care practices 
  4.14  and unlicensed complementary and alternative health care 
  4.15  practitioners who provide these services. 
  4.16     Subd. 2.  [RULEMAKING.] The commissioner shall adopt rules 
  4.17  necessary to implement, administer, or enforce provisions of 
  4.18  this chapter pursuant to chapter 14. 
  4.19     Sec. 4.  [146A.025] [MALTREATMENT OF MINORS.] 
  4.20     Nothing in this chapter shall restrict the ability of a 
  4.21  local welfare agency, local law enforcement agency, the 
  4.22  commissioner of human services, or the state to take action 
  4.23  regarding the maltreatment of minors under section 609.378 or 
  4.24  626.556.  A parent who obtains complementary and alternative 
  4.25  health care for the parent's minor child is not relieved of the 
  4.26  duty to seek necessary medical care consistent with the 
  4.27  requirements of sections 609.378 and 626.556.  A complementary 
  4.28  or alternative health care practitioner who is providing 
  4.29  services to a child who is not receiving necessary medical care 
  4.30  must make a report under section 626.556.  A complementary or 
  4.31  alternative health care provider is a mandated reporter under 
  4.32  section 626.556, subdivision 3. 
  4.33     Sec. 5.  [146A.03] [REPORTING OBLIGATIONS.] 
  4.34     Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
  4.35  knowledge of any conduct constituting grounds for disciplinary 
  4.36  action relating to complementary and alternative health care 
  5.1   practices under this chapter may report the violation to the 
  5.2   office. 
  5.3      Subd. 2.  [INSTITUTIONS.] A state agency, political 
  5.4   subdivision, agency of a local unit of government, private 
  5.5   agency, hospital, clinic, prepaid medical plan, or other health 
  5.6   care institution or organization located in this state shall 
  5.7   report to the office any action taken by the agency, 
  5.8   institution, or organization or any of its administrators or 
  5.9   medical or other committees to revoke, suspend, restrict, or 
  5.10  condition an unlicensed complementary and alternative health 
  5.11  care practitioner's privilege to practice or treat complementary 
  5.12  and alternative health care clients in the institution or, as 
  5.13  part of the organization, any denial of privileges or any other 
  5.14  disciplinary action for conduct that might constitute grounds 
  5.15  for disciplinary action by the office under this chapter.  The 
  5.16  institution, organization, or governmental entity shall also 
  5.17  report the resignation of any unlicensed complementary and 
  5.18  alternative health care practitioners prior to the conclusion of 
  5.19  any disciplinary action proceeding for conduct that might 
  5.20  constitute grounds for disciplinary action under this chapter or 
  5.21  prior to the commencement of formal charges but after the 
  5.22  practitioner had knowledge that formal charges were contemplated 
  5.23  or were being prepared. 
  5.24     Subd. 3.  [PROFESSIONAL SOCIETIES.] A state or local 
  5.25  professional society for unlicensed complementary and 
  5.26  alternative health care practitioners shall report to the office 
  5.27  any termination, revocation, or suspension of membership or any 
  5.28  other disciplinary action taken against an unlicensed 
  5.29  complementary and alternative health care practitioner.  If the 
  5.30  society has received a complaint that might be grounds for 
  5.31  discipline under this chapter against a member on which it has 
  5.32  not taken any disciplinary action, the society shall report the 
  5.33  complaint and the reason why it has not taken action on it or 
  5.34  shall direct the complainant to the office. 
  5.35     Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
  5.36  professional shall report to the office personal knowledge of 
  6.1   any conduct that the licensed health professional reasonably 
  6.2   believes constitutes grounds for disciplinary action under this 
  6.3   chapter by any unlicensed complementary and alternative health 
  6.4   care practitioner, including conduct indicating that the 
  6.5   individual may be medically incompetent or may be medically or 
  6.6   physically unable to engage safely in the provision of 
  6.7   services.  If the information was obtained in the course of a 
  6.8   client relationship, the client is an unlicensed complementary 
  6.9   and alternative health care practitioner, and the treating 
  6.10  individual successfully counsels the other practitioner to limit 
  6.11  or withdraw from practice to the extent required by the 
  6.12  impairment, the office may deem this limitation of or withdrawal 
  6.13  from practice to be sufficient disciplinary action. 
  6.14     Subd. 5.  [INSURERS.] Four times each year as prescribed by 
  6.15  the commissioner, each insurer authorized to sell insurance 
  6.16  described in section 60A.06, subdivision 1, clause (13), and 
  6.17  providing professional liability insurance to unlicensed 
  6.18  complementary and alternative health care practitioners or the 
  6.19  medical joint underwriting association under chapter 62F shall 
  6.20  submit to the office a report concerning the unlicensed 
  6.21  complementary and alternative health care practitioners against 
  6.22  whom malpractice settlements or awards have been made.  The 
  6.23  response must contain at least the following information: 
  6.24     (1) the total number of malpractice settlements or awards 
  6.25  made; 
  6.26     (2) the date the malpractice settlements or awards were 
  6.27  made; 
  6.28     (3) the allegations contained in the claim or complaint 
  6.29  leading to the settlements or awards made; 
  6.30     (4) the dollar amount of each malpractice settlement or 
  6.31  award; 
  6.32     (5) the regular address of the practice of the unlicensed 
  6.33  complementary and alternative health care practitioner against 
  6.34  whom an award was made or with whom a settlement was made; and 
  6.35     (6) the name of the unlicensed complementary and 
  6.36  alternative health care practitioner against whom an award was 
  7.1   made or with whom a settlement was made. 
  7.2      The insurance company shall, in addition to the above 
  7.3   information, submit to the office any information, records, and 
  7.4   files, including clients' charts and records, it possesses that 
  7.5   tend to substantiate a charge that an unlicensed complementary 
  7.6   and alternative health care practitioner may have engaged in 
  7.7   conduct violating this chapter. 
  7.8      Subd. 6.  [COURTS.] The court administrator of district 
  7.9   court or any other court of competent jurisdiction shall report 
  7.10  to the office any judgment or other determination of the court 
  7.11  that adjudges or includes a finding that an unlicensed 
  7.12  complementary and alternative health care practitioner is 
  7.13  mentally ill, mentally incompetent, guilty of a felony, guilty 
  7.14  of a violation of federal or state narcotics laws or controlled 
  7.15  substances act, or guilty of abuse or fraud under Medicare or 
  7.16  Medicaid; or that appoints a guardian of the unlicensed 
  7.17  complementary and alternative health care practitioner under 
  7.18  sections 525.54 to 525.61 or commits an unlicensed complementary 
  7.19  and alternative health care practitioner under chapter 253B. 
  7.20     Subd. 7.  [SELF-REPORTING.] An unlicensed complementary and 
  7.21  alternative health care practitioner shall report to the office 
  7.22  any personal action that would require that a report be filed 
  7.23  with the office by any person, health care facility, business, 
  7.24  or organization pursuant to subdivisions 2 to 5.  The 
  7.25  practitioner shall also report the revocation, suspension, 
  7.26  restriction, limitation, or other disciplinary action against 
  7.27  the practitioner's license, certificate, registration, or right 
  7.28  of practice in another state or jurisdiction for offenses that 
  7.29  would be subject to disciplinary action in this state and also 
  7.30  report the filing of charges regarding the practitioner's 
  7.31  license, certificate, registration, or right of practice in 
  7.32  another state or jurisdiction. 
  7.33     Subd. 8.  [DEADLINES; FORMS.] Reports required by 
  7.34  subdivisions 2 to 7 must be submitted not later than 30 days 
  7.35  after the reporter learns of the occurrence of the reportable 
  7.36  event or transaction.  The office may provide forms for the 
  8.1   submission of reports required by this section, may require that 
  8.2   reports be submitted on the forms provided, and may adopt rules 
  8.3   necessary to ensure prompt and accurate reporting. 
  8.4      Sec. 6.  [146A.04] [IMMUNITY.] 
  8.5      Subdivision 1.  [REPORTING.] Any person, other than the 
  8.6   unlicensed complementary and alternative health care 
  8.7   practitioner who committed the violation, health care facility, 
  8.8   business, or organization is immune from civil liability or 
  8.9   criminal prosecution for submitting a report to the office, for 
  8.10  otherwise reporting to the office violations or alleged 
  8.11  violations of this chapter, or for cooperating with an 
  8.12  investigation of a report, except as provided in this 
  8.13  subdivision.  Any person who knowingly or recklessly makes a 
  8.14  false report is liable in a civil suit for any damages suffered 
  8.15  by the person or persons so reported and for any punitive 
  8.16  damages set by the court or jury.  An action requires clear and 
  8.17  convincing evidence that the defendant made the statement with 
  8.18  knowledge of falsity or with reckless disregard for its truth or 
  8.19  falsity.  The report or statement or any statement made in 
  8.20  cooperation with an investigation or as part of a disciplinary 
  8.21  proceeding is privileged except in an action brought under this 
  8.22  subdivision. 
  8.23     Subd. 2.  [INVESTIGATION.] The commissioner and employees 
  8.24  of the department of health and other persons engaged in the 
  8.25  investigation of violations and in the preparation, 
  8.26  presentation, and management of and testimony pertaining to 
  8.27  charges of violations of this chapter are immune from civil 
  8.28  liability and criminal prosecution for any actions, 
  8.29  transactions, or publications in the execution of, or relating 
  8.30  to, their duties under this chapter. 
  8.31     Sec. 7.  [146A.05] [DISCIPLINARY RECORD ON JUDICIAL 
  8.32  REVIEW.] 
  8.33     Upon judicial review of any disciplinary action taken by 
  8.34  the commissioner under this chapter, the reviewing court shall 
  8.35  seal the portions of the administrative record that contain data 
  8.36  on a complementary and alternative health care client or a 
  9.1   complainant under section 146A.03, and shall not make those 
  9.2   portions of the administrative record available to the public. 
  9.3      Sec. 8.  [146A.06] [PROFESSIONAL COOPERATION; UNLICENSED 
  9.4   PRACTITIONER.] 
  9.5      Subdivision 1.  [COOPERATION.] An unlicensed complementary 
  9.6   and alternative health care practitioner who is the subject of 
  9.7   an investigation, or who is questioned in connection with an 
  9.8   investigation, by or on behalf of the office, shall cooperate 
  9.9   fully with the investigation.  Cooperation includes responding 
  9.10  fully and promptly to any question raised by or on behalf of the 
  9.11  office relating to the subject of the investigation, whether 
  9.12  tape recorded or not; providing copies of client records, as 
  9.13  reasonably requested by the office, to assist the office in its 
  9.14  investigation; and appearing at conferences or hearings 
  9.15  scheduled by the commissioner.  If the office does not have a 
  9.16  written consent from a client permitting access to the client's 
  9.17  records, the unlicensed complementary and alternative health 
  9.18  care practitioner shall delete in the record any data that 
  9.19  identifies the client before providing it to the office.  If an 
  9.20  unlicensed complementary and alternative health care 
  9.21  practitioner refuses to give testimony or produce any documents, 
  9.22  books, records, or correspondence on the basis of the fifth 
  9.23  amendment to the Constitution of the United States, the 
  9.24  commissioner may compel the unlicensed complementary and 
  9.25  alternative health care practitioner to provide the testimony or 
  9.26  information; however, the testimony or evidence may not be used 
  9.27  against the practitioner in any criminal proceeding.  Challenges 
  9.28  to requests of the office may be brought before the appropriate 
  9.29  agency or court. 
  9.30     Subd. 2.  [DATA.] (a) Data relating to investigations of 
  9.31  complaints and disciplinary actions involving unlicensed 
  9.32  complementary and alternative health care practitioners are 
  9.33  governed by this subdivision and section 13.41 does not apply.  
  9.34  Except as provided in section 13.39, subdivision 2, and 
  9.35  paragraph (b), data relating to investigations of complaints and 
  9.36  disciplinary actions involving unlicensed complementary and 
 10.1   alternative health care practitioners are public data, 
 10.2   regardless of the outcome of any investigation, action, or 
 10.3   proceeding. 
 10.4      (b) The following data are private data on individuals, as 
 10.5   defined in section 13.02: 
 10.6      (1) data on a complementary and alternative health care 
 10.7   client; 
 10.8      (2) data on a complainant under section 146A.03; and 
 10.9      (3) data on the nature or content of unsubstantiated 
 10.10  complaints when the information is not maintained in 
 10.11  anticipation of legal action. 
 10.12     Subd. 3.  [EXCHANGING INFORMATION.] (a) The office shall 
 10.13  establish internal operating procedures for: 
 10.14     (1) exchanging information with state boards; agencies, 
 10.15  including the office of ombudsman for mental health and mental 
 10.16  retardation; health-related and law enforcement facilities; 
 10.17  departments responsible for licensing health-related 
 10.18  occupations, facilities, and programs; and law enforcement 
 10.19  personnel in this and other states; and 
 10.20     (2) coordinating investigations involving matters within 
 10.21  the jurisdiction of more than one regulatory agency. 
 10.22     (b) The procedures for exchanging information must provide 
 10.23  for the forwarding to the entities described in paragraph (a), 
 10.24  clause (1), of information and evidence, including the results 
 10.25  of investigations, that are relevant to matters within the 
 10.26  regulatory jurisdiction of the organizations in paragraph (a).  
 10.27  The data have the same classification in the hands of the agency 
 10.28  receiving the data as they have in the hands of the agency 
 10.29  providing the data. 
 10.30     (c) The office shall establish procedures for exchanging 
 10.31  information with other states regarding disciplinary action 
 10.32  against unlicensed complementary and alternative health care 
 10.33  practitioners. 
 10.34     (d) The office shall forward to another governmental agency 
 10.35  any complaints received by the office that do not relate to the 
 10.36  office's jurisdiction but that relate to matters within the 
 11.1   jurisdiction of the other governmental agency.  The agency to 
 11.2   which a complaint is forwarded shall advise the office of the 
 11.3   disposition of the complaint.  A complaint or other information 
 11.4   received by another governmental agency relating to a statute or 
 11.5   rule that the office is empowered to enforce must be forwarded 
 11.6   to the office to be processed in accordance with this section. 
 11.7      (e) The office shall furnish to a person who made a 
 11.8   complaint a description of the actions of the office relating to 
 11.9   the complaint. 
 11.10     Sec. 9.  [146A.07] [PROFESSIONAL ACCOUNTABILITY.] 
 11.11     The office shall maintain and keep current a file 
 11.12  containing the reports and complaints filed against unlicensed 
 11.13  complementary and alternative health care practitioners within 
 11.14  the commissioner's jurisdiction.  Each complaint filed with the 
 11.15  office must be investigated.  If the files maintained by the 
 11.16  office show that a malpractice settlement or award has been made 
 11.17  against an unlicensed complementary and alternative health care 
 11.18  practitioner, as reported by insurers under section 146A.03, 
 11.19  subdivision 5, the commissioner may authorize a review of the 
 11.20  practitioner's practice by the staff of the office. 
 11.21     Sec. 10.  [146A.08] [PROHIBITED CONDUCT.] 
 11.22     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
 11.23  impose disciplinary action as described in section 146A.09 
 11.24  against any unlicensed complementary and alternative health care 
 11.25  practitioner.  The following conduct is prohibited and is 
 11.26  grounds for disciplinary action:  
 11.27     (a) Conviction of a crime, including a finding or verdict 
 11.28  of guilt, an admission of guilt, or a no-contest plea, in any 
 11.29  court in Minnesota or any other jurisdiction in the United 
 11.30  States, reasonably related to engaging in complementary and 
 11.31  alternative health care practices.  Conviction, as used in this 
 11.32  subdivision, includes a conviction of an offense which, if 
 11.33  committed in this state, would be deemed a felony, gross 
 11.34  misdemeanor, or misdemeanor, without regard to its designation 
 11.35  elsewhere, or a criminal proceeding where a finding or verdict 
 11.36  of guilty is made or returned but the adjudication of guilt is 
 12.1   either withheld or not entered. 
 12.2      (b) Conviction of any crime against a person.  For purposes 
 12.3   of this chapter, a crime against a person means violations of 
 12.4   the following:  sections 609.185; 609.19; 609.195; 609.20; 
 12.5   609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 
 12.6   609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 
 12.7   609.24; 609.245; 609.25; 609.255; 609.26, subdivision 1, clause 
 12.8   (1) or (2); 609.265; 609.342; 609.343; 609.344; 609.345; 
 12.9   609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause 
 12.10  (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3. 
 12.11     (c) Failure to comply with the self-reporting requirements 
 12.12  of section 146A.03, subdivision 7. 
 12.13     (d) Engaging in sexual contact with a complementary and 
 12.14  alternative health care client or former client, engaging in 
 12.15  contact that may be reasonably interpreted by a client as 
 12.16  sexual, engaging in any verbal behavior that is seductive or 
 12.17  sexually demeaning to the patient, or engaging in sexual 
 12.18  exploitation of a client or former client.  For purposes of this 
 12.19  clause, "former client" means a person who has obtained services 
 12.20  from the unlicensed complementary and alternative health care 
 12.21  practitioner within the past two years. 
 12.22     (e) Advertising that is false, fraudulent, deceptive, or 
 12.23  misleading. 
 12.24     (f) Conduct likely to deceive, defraud, or harm the public 
 12.25  or demonstrating a willful or careless disregard for the health, 
 12.26  welfare, or safety of a complementary and alternative health 
 12.27  care client; or any other practice that may create danger to any 
 12.28  client's life, health, or safety, in any of which cases, proof 
 12.29  of actual injury need not be established. 
 12.30     (g) Adjudication as mentally incompetent or as a person who 
 12.31  is dangerous to self or adjudication pursuant to chapter 253B as 
 12.32  chemically dependent, mentally ill, mentally retarded, mentally 
 12.33  ill and dangerous to the public, or as a sexual psychopathic 
 12.34  personality or sexually dangerous person. 
 12.35     (h) Inability to engage in complementary and alternative 
 12.36  health care practices with reasonable safety to complementary 
 13.1   and alternative health care clients.  
 13.2      (i) The habitual overindulgence in the use of or the 
 13.3   dependence on intoxicating liquors. 
 13.4      (j) Improper or unauthorized personal or other use of any 
 13.5   legend drugs as defined in chapter 151, any chemicals as defined 
 13.6   in chapter 151, or any controlled substance as defined in 
 13.7   chapter 152. 
 13.8      (k) Revealing a communication from, or relating to, a 
 13.9   complementary and alternative health care client except when 
 13.10  otherwise required or permitted by law. 
 13.11     (l) Failure to comply with a complementary and alternative 
 13.12  health care client's request made under section 144.335 or to 
 13.13  furnish a complementary and alternative health care client 
 13.14  record or report required by law. 
 13.15     (m) Splitting fees or promising to pay a portion of a fee 
 13.16  to any other professional other than for services rendered by 
 13.17  the other professional to the complementary and alternative 
 13.18  health care client. 
 13.19     (n) Engaging in abusive or fraudulent billing practices, 
 13.20  including violations of the federal Medicare and Medicaid laws 
 13.21  or state medical assistance laws. 
 13.22     (o) Failure to make reports as required by section 146A.03 
 13.23  or cooperate with an investigation of the office. 
 13.24     (p) Obtaining money, property, or services from a 
 13.25  complementary and alternative health care client, other than 
 13.26  reasonable fees for services provided to the client, through the 
 13.27  use of undue influence, harassment, duress, deception, or fraud. 
 13.28     (q) Undertaking or continuing a professional relationship 
 13.29  with a complementary and alternative health care client in which 
 13.30  the objectivity of the unlicensed complementary and alternative 
 13.31  health care practitioner would be impaired. 
 13.32     (r) Failure to provide a complementary and alternative 
 13.33  health care client with a copy of the client bill of rights or 
 13.34  violation of any provision of the client bill of rights. 
 13.35     (s) Violating any order issued by the commissioner. 
 13.36     (t) Failure to comply with any provision of sections 
 14.1   146A.01 to 146A.11 and the rules adopted under those sections. 
 14.2      (u) Failure to comply with any additional disciplinary 
 14.3   grounds established by the commissioner by rule. 
 14.4      (v) Revocation, suspension, restriction, limitation, or 
 14.5   other disciplinary action against any health care license, 
 14.6   certificate, registration, or right to practice of the 
 14.7   unlicensed complementary and alternative health care 
 14.8   practitioner in this or another state or jurisdiction for 
 14.9   offenses that would be subject to disciplinary action in this 
 14.10  state or failure to report to the office that charges regarding 
 14.11  the practitioner's license, certificate, registration, or right 
 14.12  of practice have been brought in this or another state or 
 14.13  jurisdiction.  
 14.14     (w) Use of the title "doctor," "Dr.," or "physician" alone 
 14.15  or in combination with any other words, letters, or insignia to 
 14.16  describe the complementary and alternative health care practices 
 14.17  the practitioner provides. 
 14.18     (x) Failure to provide a complementary and alternative 
 14.19  health care client with a recommendation that the client see a 
 14.20  health care provider who is licensed or registered by a 
 14.21  health-related licensing board or the commissioner of health, if 
 14.22  there is a reasonable likelihood that the client needs to be 
 14.23  seen by a licensed or registered health care provider.  
 14.24     Subd. 2.  [LESS CUSTOMARY APPROACH.] The fact that a 
 14.25  complementary and alternative health care practice may be a less 
 14.26  customary approach to health care shall not constitute the basis 
 14.27  of a disciplinary action per se. 
 14.28     Subd. 3.  [EVIDENCE.] In disciplinary actions alleging a 
 14.29  violation of subdivision 1, paragraph (a), (b), (c), or (g), a 
 14.30  copy of the judgment or proceeding under the seal of the court 
 14.31  administrator or of the administrative agency that entered the 
 14.32  same is admissible into evidence without further authentication 
 14.33  and constitutes prima facie evidence of its contents. 
 14.34     Subd. 4.  [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) If the 
 14.35  commissioner has probable cause to believe that an unlicensed 
 14.36  complementary and alternative health care practitioner has 
 15.1   engaged in conduct prohibited by subdivision 1, paragraph (g), 
 15.2   (h), (i), or (j), the commissioner may issue an order directing 
 15.3   the practitioner to submit to a mental or physical examination 
 15.4   or chemical dependency evaluation.  For the purpose of this 
 15.5   subdivision, every unlicensed complementary and alternative 
 15.6   health care practitioner is deemed to have consented to submit 
 15.7   to a mental or physical examination or chemical dependency 
 15.8   evaluation when ordered to do so in writing by the commissioner 
 15.9   and further to have waived all objections to the admissibility 
 15.10  of the testimony or examination reports of the health care 
 15.11  provider performing the examination or evaluation on the grounds 
 15.12  that the same constitute a privileged communication.  Failure of 
 15.13  an unlicensed complementary and alternative health care 
 15.14  practitioner to submit to an examination or evaluation when 
 15.15  ordered, unless the failure was due to circumstances beyond the 
 15.16  practitioner's control, constitutes an admission that the 
 15.17  unlicensed complementary and alternative health care 
 15.18  practitioner violated subdivision 1, paragraph (g), (h), (i), or 
 15.19  (j), based on the factual specifications in the examination or 
 15.20  evaluation order and may result in a default and final 
 15.21  disciplinary order being entered after a contested case 
 15.22  hearing.  An unlicensed complementary and alternative health 
 15.23  care practitioner affected under this paragraph shall at 
 15.24  reasonable intervals be given an opportunity to demonstrate that 
 15.25  the practitioner can resume the provision of complementary and 
 15.26  alternative health care practices with reasonable safety to 
 15.27  clients.  In any proceeding under this paragraph, neither the 
 15.28  record of proceedings nor the orders entered by the commissioner 
 15.29  shall be used against an unlicensed complementary and 
 15.30  alternative health care practitioner in any other proceeding. 
 15.31     (b) In addition to ordering a physical or mental 
 15.32  examination or chemical dependency evaluation, the commissioner 
 15.33  may, notwithstanding section 13.42; 144.651; 595.02; or any 
 15.34  other law limiting access to medical or other health data, 
 15.35  obtain medical data and health records relating to an unlicensed 
 15.36  complementary and alternative health care practitioner without 
 16.1   the practitioner's consent if the commissioner has probable 
 16.2   cause to believe that a practitioner has engaged in conduct 
 16.3   prohibited by subdivision 1, paragraph (g), (h), (i), or (j).  
 16.4   The medical data may be requested from a provider as defined in 
 16.5   section 144.335, subdivision 1, paragraph (b), an insurance 
 16.6   company, or a government agency, including the department of 
 16.7   human services.  A provider, insurance company, or government 
 16.8   agency shall comply with any written request of the commissioner 
 16.9   under this subdivision and is not liable in any action for 
 16.10  damages for releasing the data requested by the commissioner if 
 16.11  the data are released pursuant to a written request under this 
 16.12  subdivision, unless the information is false and the person or 
 16.13  organization giving the information knew or had reason to 
 16.14  believe the information was false.  Information obtained under 
 16.15  this subdivision is private data under section 13.41. 
 16.16     Sec. 11.  [146A.09] [DISCIPLINARY ACTIONS.] 
 16.17     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
 16.18  commissioner finds that an unlicensed complementary and 
 16.19  alternative health care practitioner has violated any provision 
 16.20  of this chapter, the commissioner may take one or more of the 
 16.21  following actions, only against the individual practitioner: 
 16.22     (1) revoke the privilege to practice; 
 16.23     (2) suspend the privilege to practice; 
 16.24     (3) impose limitations or conditions on the practitioner's 
 16.25  provision of complementary and alternative health care 
 16.26  practices, impose rehabilitation requirements, or require 
 16.27  practice under supervision; 
 16.28     (4) impose a civil penalty not exceeding $10,000 for each 
 16.29  separate violation, the amount of the civil penalty to be fixed 
 16.30  so as to deprive the practitioner of any economic advantage 
 16.31  gained by reason of the violation charged or to reimburse the 
 16.32  office for all costs of the investigation and proceeding; 
 16.33     (5) censure or reprimand the practitioner; 
 16.34     (6) impose a fee on the practitioner to reimburse the 
 16.35  office for all or part of the cost of the proceedings resulting 
 16.36  in disciplinary action including, but not limited to, the amount 
 17.1   paid by the office for services from the office of 
 17.2   administrative hearings, attorney fees, court reports, 
 17.3   witnesses, reproduction of records, staff time, and expense 
 17.4   incurred by the staff of the office of unlicensed complementary 
 17.5   and alternative health care practice; or 
 17.6      (7) any other action justified by the case. 
 17.7      Subd. 2.  [DISCOVERY; SUBPOENAS.] In all matters relating 
 17.8   to the lawful activities of the office, the commissioner may 
 17.9   issue subpoenas and compel the attendance of witnesses and the 
 17.10  production of all necessary papers, books, records, documents, 
 17.11  and other evidentiary material.  Any person failing or refusing 
 17.12  to appear or testify regarding any matter about which the person 
 17.13  may be lawfully questioned or failing to produce any papers, 
 17.14  books, records, documents, or other evidentiary materials in the 
 17.15  matter to be heard, after having been required by order of the 
 17.16  commissioner or by a subpoena of the commissioner to do so may, 
 17.17  upon application to the district court in any district, be 
 17.18  ordered to comply with the order or subpoena.  The commissioner 
 17.19  may administer oaths to witnesses or take their affirmation.  
 17.20  Depositions may be taken within or without the state in the 
 17.21  manner provided by law for the taking of depositions in civil 
 17.22  actions.  A subpoena or other process may be served upon a 
 17.23  person it names anywhere within the state by any officer 
 17.24  authorized to serve subpoenas or other process in civil actions 
 17.25  in the same manner as prescribed by law for service of process 
 17.26  issued out of the district court of this state. 
 17.27     Subd. 2a.  [HEARINGS.] If the commissioner proposes to take 
 17.28  action against the practitioner as described in subdivision 1, 
 17.29  the commissioner must first notify the practitioner against whom 
 17.30  the action is proposed to be taken and provide the practitioner 
 17.31  with an opportunity to request a hearing under the contested 
 17.32  case provisions of chapter 14.  If the practitioner does not 
 17.33  request a hearing by notifying the commissioner within 30 days 
 17.34  after service of the notice of the proposed action, the 
 17.35  commissioner may proceed with the action without a hearing. 
 17.36     Subd. 3.  [REINSTATEMENT.] The commissioner may at the 
 18.1   commissioner's discretion reinstate the privilege to practice 
 18.2   and may impose any disciplinary measure listed under subdivision 
 18.3   1. 
 18.4      Subd. 4.  [TEMPORARY SUSPENSION.] In addition to any other 
 18.5   remedy provided by law, the commissioner may, acting through a 
 18.6   person to whom the commissioner has delegated this authority and 
 18.7   without a hearing, temporarily suspend the right of an 
 18.8   unlicensed complementary and alternative health care 
 18.9   practitioner to practice if the commissioner's delegate finds 
 18.10  that the practitioner has violated a statute or rule that the 
 18.11  commissioner is empowered to enforce and continued practice by 
 18.12  the practitioner would create a serious risk of harm to others.  
 18.13  The suspension is in effect upon service of a written order on 
 18.14  the practitioner specifying the statute or rule violated.  The 
 18.15  order remains in effect until the commissioner issues a final 
 18.16  order in the matter after a hearing or upon agreement between 
 18.17  the commissioner and the practitioner.  Service of the order is 
 18.18  effective if the order is served on the practitioner or counsel 
 18.19  of record personally or by first class mail.  Within ten days of 
 18.20  service of the order, the commissioner shall hold a hearing on 
 18.21  the sole issue of whether there is a reasonable basis to 
 18.22  continue, modify, or lift the suspension.  Evidence presented by 
 18.23  the office or practitioner shall be in affidavit form only.  The 
 18.24  practitioner or the counsel of record may appear for oral 
 18.25  argument.  Within five working days after the hearing, the 
 18.26  commissioner shall issue the commissioner's order and, if the 
 18.27  suspension is continued, schedule a contested case hearing 
 18.28  within 45 days after issuance of the order.  The administrative 
 18.29  law judge shall issue a report within 30 days after closing of 
 18.30  the contested case hearing record.  The commissioner shall issue 
 18.31  a final order within 30 days after receipt of that report. 
 18.32     Subd. 5.  [AUTOMATIC SUSPENSION.] The right of an 
 18.33  unlicensed complementary and alternative health care 
 18.34  practitioner to practice is automatically suspended if (1) a 
 18.35  guardian of an unlicensed complementary and alternative health 
 18.36  care practitioner is appointed by order of a court under 
 19.1   sections 525.54 to 525.61, or (2) the practitioner is committed 
 19.2   by order of a court pursuant to chapter 253B.  The right to 
 19.3   practice remains suspended until the practitioner is restored to 
 19.4   capacity by a court and, upon petition by the practitioner, the 
 19.5   suspension is terminated by the commissioner after a hearing or 
 19.6   upon agreement between the commissioner and the practitioner. 
 19.7      Subd. 6.  [LICENSED OR REGULATED PRACTITIONERS.] If a 
 19.8   practitioner investigated under this section is licensed or 
 19.9   registered by the commissioner of health or a health-related 
 19.10  licensing board, and if the commissioner determines that the 
 19.11  practitioner has violated any provision of this chapter, the 
 19.12  commissioner, in addition to taking disciplinary action under 
 19.13  this section: 
 19.14     (1) may, if the practitioner is licensed or regulated in 
 19.15  another capacity by the commissioner, take further disciplinary 
 19.16  action against the practitioner in that capacity; or 
 19.17     (2) shall, if the practitioner is licensed or registered in 
 19.18  another capacity by a health-related licensing board, report the 
 19.19  commissioner's findings under this section, and may make a 
 19.20  nonbinding recommendation that the board take further action 
 19.21  against the practitioner in that capacity. 
 19.22     Sec. 12.  [146A.10] [ADDITIONAL REMEDIES.] 
 19.23     Subdivision 1.  [CEASE AND DESIST.] (a) The commissioner 
 19.24  may issue a cease and desist order to stop a person from 
 19.25  violating or threatening to violate a statute, rule, or order 
 19.26  which the office has issued or is empowered to enforce.  The 
 19.27  cease and desist order must state the reason for its issuance 
 19.28  and give notice of the person's right to request a hearing under 
 19.29  sections 14.57 to 14.62.  If, within 15 days of service of the 
 19.30  order, the subject of the order fails to request a hearing in 
 19.31  writing, the order is the final order of the commissioner and is 
 19.32  not reviewable by a court or agency. 
 19.33     (b) A hearing must be initiated by the office not later 
 19.34  than 30 days from the date of the office's receipt of a written 
 19.35  hearing request.  Within 30 days of receipt of the 
 19.36  administrative law judge's report, the commissioner shall issue 
 20.1   a final order modifying, vacating, or making permanent the cease 
 20.2   and desist order as the facts require.  The final order remains 
 20.3   in effect until modified or vacated by the commissioner. 
 20.4      (c) When a request for a stay accompanies a timely hearing 
 20.5   request, the commissioner may, in the commissioner's discretion, 
 20.6   grant the stay.  If the commissioner does not grant a requested 
 20.7   stay, the commissioner shall refer the request to the office of 
 20.8   administrative hearings within three working days of receipt of 
 20.9   the request.  Within ten days after receiving the request from 
 20.10  the commissioner, an administrative law judge shall issue a 
 20.11  recommendation to grant or deny the stay.  The commissioner 
 20.12  shall grant or deny the stay within five days of receiving the 
 20.13  administrative law judge's recommendation. 
 20.14     (d) In the event of noncompliance with a cease and desist 
 20.15  order, the commissioner may institute a proceeding in Hennepin 
 20.16  county district court to obtain injunctive relief or other 
 20.17  appropriate relief, including a civil penalty payable to the 
 20.18  office not exceeding $10,000 for each separate violation. 
 20.19     Subd. 2.  [INJUNCTIVE RELIEF.] In addition to any other 
 20.20  remedy provided by law, including the issuance of a cease and 
 20.21  desist order under subdivision 1, the commissioner may in the 
 20.22  commissioner's own name bring an action in Hennepin county 
 20.23  district court for injunctive relief to restrain an unlicensed 
 20.24  complementary and alternative health care practitioner from a 
 20.25  violation or threatened violation of any statute, rule, or order 
 20.26  which the commissioner is empowered to regulate, enforce, or 
 20.27  issue.  A temporary restraining order must be granted in the 
 20.28  proceeding if continued activity by a practitioner would create 
 20.29  a serious risk of harm to others.  The commissioner need not 
 20.30  show irreparable harm. 
 20.31     Subd. 3.  [ADDITIONAL POWERS.] The issuance of a cease and 
 20.32  desist order or injunctive relief granted under this section 
 20.33  does not relieve a practitioner from criminal prosecution by a 
 20.34  competent authority or from disciplinary action by the 
 20.35  commissioner. 
 20.36     Sec. 13.  [146A.11] [COMPLEMENTARY AND ALTERNATIVE HEALTH 
 21.1   CARE CLIENT BILL OF RIGHTS.] 
 21.2      Subdivision 1.  [SCOPE.] All unlicensed complementary and 
 21.3   alternative health care practitioners shall provide to each 
 21.4   complementary and alternative health care client prior to 
 21.5   providing treatment a written copy of the complementary and 
 21.6   alternative health care client bill of rights.  A copy must also 
 21.7   be posted in a prominent location in the office of the 
 21.8   unlicensed complementary and alternative health care 
 21.9   practitioner.  Reasonable accommodations shall be made for those 
 21.10  clients who cannot read or who have communication impairments 
 21.11  and those who do not read or speak English.  The complementary 
 21.12  and alternative health care client bill of rights shall include 
 21.13  the following: 
 21.14     (1) the name, title, business address, and telephone number 
 21.15  of the unlicensed complementary and alternative health care 
 21.16  practitioner; 
 21.17     (2) the degrees, training, experience, or other 
 21.18  qualifications of the practitioner, followed by the following 
 21.19  statement in bold print: 
 21.20     "THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND 
 21.21  TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE 
 21.22  HEALTH CARE PRACTITIONERS.  THIS STATEMENT OF CREDENTIALS IS FOR 
 21.23  INFORMATION PURPOSES ONLY. 
 21.24     Under Minnesota law, an unlicensed complementary and 
 21.25  alternative health care practitioner may not provide a medical 
 21.26  diagnosis or recommend discontinuance of medically prescribed 
 21.27  treatments.  If a client desires a diagnosis from a licensed 
 21.28  physician, chiropractor, or acupuncture practitioner, or 
 21.29  services from a physician, chiropractor, nurse, osteopath, 
 21.30  physical therapist, dietitian, nutritionist, acupuncture 
 21.31  practitioner, athletic trainer, or any other type of health care 
 21.32  provider, the client may seek such services at any time."; 
 21.33     (3) the name, business address, and telephone number of the 
 21.34  practitioner's supervisor, if any; 
 21.35     (4) notice that a complementary and alternative health care 
 21.36  client has the right to file a complaint with the practitioner's 
 22.1   supervisor, if any, and the procedure for filing complaints; 
 22.2      (5) the name, address, and telephone number of the office 
 22.3   of unlicensed complementary and alternative health care practice 
 22.4   and notice that a client may file complaints with the office; 
 22.5      (6) the practitioner's fees per unit of service, the 
 22.6   practitioner's method of billing for such fees, the names of any 
 22.7   insurance companies that have agreed to reimburse the 
 22.8   practitioner, or health maintenance organizations with whom the 
 22.9   practitioner contracts to provide service, whether the 
 22.10  practitioner accepts Medicare, medical assistance, or general 
 22.11  assistance medical care, and whether the practitioner is willing 
 22.12  to accept partial payment, or to waive payment, and in what 
 22.13  circumstances; 
 22.14     (7) a statement that the client has a right to reasonable 
 22.15  notice of changes in services or charges; 
 22.16     (8) a brief summary, in plain language, of the theoretical 
 22.17  approach used by the practitioner in providing services to 
 22.18  clients; 
 22.19     (9) notice that the client has a right to complete and 
 22.20  current information concerning the practitioner's assessment and 
 22.21  recommended service that is to be provided, including the 
 22.22  expected duration of the service to be provided; 
 22.23     (10) a statement that clients may expect courteous 
 22.24  treatment and to be free from verbal, physical, or sexual abuse 
 22.25  by the practitioner; 
 22.26     (11) a statement that client records and transactions with 
 22.27  the practitioner are confidential, unless release of these 
 22.28  records is authorized in writing by the client, or otherwise 
 22.29  provided by law; 
 22.30     (12) a statement of the client's right to be allowed access 
 22.31  to records and written information from records in accordance 
 22.32  with section 144.335; 
 22.33     (13) a statement that other services may be available in 
 22.34  the community, including where information concerning services 
 22.35  is available; 
 22.36     (14) a statement that the client has the right to choose 
 23.1   freely among available practitioners and to change practitioners 
 23.2   after services have begun, within the limits of health 
 23.3   insurance, medical assistance, or other health programs; 
 23.4      (15) a statement that the client has a right to coordinated 
 23.5   transfer when there will be a change in the provider of 
 23.6   services; 
 23.7      (16) a statement that the client may refuse services or 
 23.8   treatment, unless otherwise provided by law; and 
 23.9      (17) a statement that the client may assert the client's 
 23.10  rights without retaliation. 
 23.11     Subd. 2.  [ACKNOWLEDGMENT BY CLIENT.] Prior to the 
 23.12  provision of any service, a complementary and alternative health 
 23.13  care client must sign a written statement attesting that the 
 23.14  client has received the complementary and alternative health 
 23.15  care client bill of rights. 
 23.16     Sec. 14.  Minnesota Statutes 1999 Supplement, section 
 23.17  147.09, is amended to read: 
 23.18     147.09 [EXEMPTIONS.] 
 23.19     Section 147.081 does not apply to, control, prevent or 
 23.20  restrict the practice, service, or activities of:  
 23.21     (1) A person who is a commissioned medical officer of, a 
 23.22  member of, or employed by, the armed forces of the United 
 23.23  States, the United States Public Health Service, the Veterans 
 23.24  Administration, any federal institution or any federal agency 
 23.25  while engaged in the performance of official duties within this 
 23.26  state, if the person is licensed elsewhere.  
 23.27     (2) A licensed physician from a state or country who is in 
 23.28  actual consultation here.  
 23.29     (3) A licensed or registered physician who treats the 
 23.30  physician's home state patients or other participating patients 
 23.31  while the physicians and those patients are participating 
 23.32  together in outdoor recreation in this state as defined by 
 23.33  section 86A.03, subdivision 3.  A physician shall first register 
 23.34  with the board on a form developed by the board for that 
 23.35  purpose.  The board shall not be required to promulgate the 
 23.36  contents of that form by rule.  No fee shall be charged for this 
 24.1   registration.  
 24.2      (4) A student practicing under the direct supervision of a 
 24.3   preceptor while the student is enrolled in and regularly 
 24.4   attending a recognized medical school.  
 24.5      (5) A student who is in continuing training and performing 
 24.6   the duties of an intern or resident or engaged in postgraduate 
 24.7   work considered by the board to be the equivalent of an 
 24.8   internship or residency in any hospital or institution approved 
 24.9   for training by the board, provided the student has a residency 
 24.10  permit issued by the board under section 147.0391. 
 24.11     (6) A person employed in a scientific, sanitary, or 
 24.12  teaching capacity by the state university, the department of 
 24.13  children, families, and learning, or by any public or private 
 24.14  school, college, or other bona fide educational institution, a 
 24.15  nonprofit organization, which has tax-exempt status in 
 24.16  accordance with the Internal Revenue Code, section 501(c)(3), 
 24.17  and is organized and operated primarily for the purpose of 
 24.18  conducting scientific research directed towards discovering the 
 24.19  causes of and cures for human diseases, or the state department 
 24.20  of health, whose duties are entirely of a research, public 
 24.21  health, or educational character, while engaged in such duties; 
 24.22  provided that if the research includes the study of humans, such 
 24.23  research shall be conducted under the supervision of one or more 
 24.24  physicians licensed under this chapter. 
 24.25     (7) Physician's assistants registered in this state.  
 24.26     (8) A doctor of osteopathy duly licensed by the state board 
 24.27  of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
 24.28  148.16, prior to May 1, 1963, who has not been granted a license 
 24.29  to practice medicine in accordance with this chapter provided 
 24.30  that the doctor confines activities within the scope of the 
 24.31  license. 
 24.32     (9) Any person licensed by a health related licensing 
 24.33  board, as defined in section 214.01, subdivision 2, or 
 24.34  registered by the commissioner of health pursuant to section 
 24.35  214.13, including psychological practitioners with respect to 
 24.36  the use of hypnosis; provided that the person confines 
 25.1   activities within the scope of the license.  
 25.2      (10) A person who practices ritual circumcision pursuant to 
 25.3   the requirements or tenets of any established religion. 
 25.4      (11) A Christian Scientist or other person who endeavors to 
 25.5   prevent or cure disease or suffering exclusively by mental or 
 25.6   spiritual means or by prayer. 
 25.7      (12) A physician licensed to practice medicine in another 
 25.8   state who is in this state for the sole purpose of providing 
 25.9   medical services at a competitive athletic event.  The physician 
 25.10  may practice medicine only on participants in the athletic 
 25.11  event.  A physician shall first register with the board on a 
 25.12  form developed by the board for that purpose.  The board shall 
 25.13  not be required to adopt the contents of the form by rule.  The 
 25.14  physician shall provide evidence satisfactory to the board of a 
 25.15  current unrestricted license in another state.  The board shall 
 25.16  charge a fee of $50 for the registration.  
 25.17     (13) A psychologist licensed under section 148.907 or a 
 25.18  social worker licensed under section 148B.21 who uses or 
 25.19  supervises the use of a penile or vaginal plethysmograph in 
 25.20  assessing and treating individuals suspected of engaging in 
 25.21  aberrant sexual behavior and sex offenders. 
 25.22     (14) Any person issued a training course certificate or 
 25.23  credentialed by the emergency medical services regulatory board 
 25.24  established in chapter 144E, provided the person confines 
 25.25  activities within the scope of training at the certified or 
 25.26  credentialed level. 
 25.27     (15) An unlicensed complementary and alternative health 
 25.28  care practitioner practicing according to chapter 146A. 
 25.29     Sec. 15.  Minnesota Statutes 1999 Supplement, section 
 25.30  214.01, subdivision 2, is amended to read: 
 25.31     Subd. 2.  [HEALTH-RELATED LICENSING BOARD.] "Health-related 
 25.32  licensing board" means the board of examiners of nursing home 
 25.33  administrators established pursuant to section 144A.19, the 
 25.34  office of unlicensed complementary and alternative health care 
 25.35  practice established pursuant to section 146A.02, the board of 
 25.36  medical practice created pursuant to section 147.01, the board 
 26.1   of nursing created pursuant to section 148.181, the board of 
 26.2   chiropractic examiners established pursuant to section 148.02, 
 26.3   the board of optometry established pursuant to section 148.52, 
 26.4   the board of physical therapy established pursuant to section 
 26.5   148.67, the board of psychology established pursuant to section 
 26.6   148.90, the board of social work pursuant to section 148B.19, 
 26.7   the board of marriage and family therapy pursuant to section 
 26.8   148B.30, the office of mental health practice established 
 26.9   pursuant to section 148B.61, the alcohol and drug counselors 
 26.10  licensing advisory council established pursuant to section 
 26.11  148C.02, the board of dietetics and nutrition practice 
 26.12  established under section 148.622, the board of dentistry 
 26.13  established pursuant to section 150A.02, the board of pharmacy 
 26.14  established pursuant to section 151.02, the board of podiatric 
 26.15  medicine established pursuant to section 153.02, and the board 
 26.16  of veterinary medicine, established pursuant to section 156.01. 
 26.17     Sec. 16.  [REPORT TO THE LEGISLATURE.] 
 26.18     The commissioner of health shall report to the legislature 
 26.19  by January 1, 2003, on the number and types of complaints 
 26.20  received against unlicensed complementary and alternative health 
 26.21  care practitioners pursuant to Minnesota Statutes, chapter 146A, 
 26.22  the types of practitioners against whom complaints were filed, 
 26.23  and the locations of the practitioners, the number of 
 26.24  investigations conducted, and the number and types of 
 26.25  enforcement actions completed.  The report must be filed in 
 26.26  accordance with Minnesota Statutes, sections 3.195 and 3.197. 
 26.27     Sec. 17.  [EFFECTIVE DATE.] 
 26.28     Sections 1 to 16 are effective July 1, 2001.