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Minnesota Legislature

Office of the Revisor of Statutes

SF 1520

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to occupations and professions; providing for registration of naturopathic
doctors; proposing coding for new law as Minnesota Statutes, chapter 147E.

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

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 Approved naturopathic medical education program. new text end

new text begin "Approved
naturopathic medical education program" means a naturopathic medical education
program in the United States or Canada that meets the requirements for accreditation
by the Council on Naturopathic Medical Education (CNME) or an equivalent federally
recognized accrediting body for the naturopathic medical profession recognized by the
board. The 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 prior to the existence of CNME
offered 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. 3. 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. 4. 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. 5. 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. 6. new text end

new text begin Registered naturopathic doctor. new text end

new text begin "Registered naturopathic doctor" means
an individual registered under this chapter.
new text end

new text begin Subd. 7. 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 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 topical anesthetics in connection
with such methods.
new text end

new text begin Subd. 8. 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. 9. new text end

new text begin Naturopathic medicine. new text end

new text begin "Naturopathic medicine" means a system of
primary health care for the prevention, assessment, and treatment of human health
conditions, injuries, and diseases that uses:
new text end

new text begin (1) services and treatments as described in section 147E.05; and
new text end

new text begin (2) complementary and alternative health care practices as defined in section
146A.01, subdivision 4.
new text end

new text begin Subd. 10. 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, hydrotherapy, massage, stretching,
colon hydrotherapy, 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 Subdivision 1. new text end

new text begin Practice parameters. new text end

new text begin (a) The practice of naturopathic medicine
includes, but is not limited to, the following services:
new text end

new text begin (1) ordering, 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, herbal remedies, 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, galvanic therapy, naturopathic
physical medicine, oxygen, therapeutic devices, barrier devices for contraception, and
minor office procedures, including obtaining specimens to assess and treat disease;
new text end

new text begin (2) performing or ordering physical examinations, clinical laboratory tests and
examinations, and physiological function tests;
new text end

new text begin (3) referring a patient for diagnostic imaging studies including x-ray, CT scan, MRI,
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 ordering
noninvasive diagnostic procedures commonly used by physicians in general practice; and
new text end

new text begin (5) prescribing or performing naturopathic physical medicine.
new text end

new text begin (b) A registered naturopathic doctor may admit patients to a hospital if the
naturopathic doctor meets the hospital's governing body requirements regarding
credentialing and privileging process.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions on practice. new text end

new text begin (a) 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 legend drugs or controlled substances,
including chemotherapeutic substances; or
new text end

new text begin (4) performing or inducing abortions.
new text end

new text begin (b) A naturopathic doctor registered under this chapter shall not perform surgical
procedures using a laser device or perform surgical procedures beyond superficial tissue.
new text end

new text begin (c) A naturopathic doctor shall not practice or claim to practice as a medical doctor,
surgeon, osteopath, dentist, podiatrist, optometrist, psychologist, advanced practice
professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist,
dietician, nutritionist, or any other health care professional, unless the naturopathic doctor
also holds the appropriate license or registration for the health care practice profession.
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 Disclosure. new text end

new text begin The registered naturopathic doctor shall obtain a signed
disclosure form from the patient prior to initiating treatment and after advising the
patient of the naturopathic doctor's qualifications, including education and registration
information, and outlining the scope of practice of registered 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 Informed consent. new text end

new text begin (a) The registrant shall obtain a signed informed
consent describing treatment facts and options accurately to the patient or to the individual
responsible for the patient's care and making treatment recommendations according to
standards of good naturopathic medical practice.
new text end

new text begin (b) Upon request, the registered naturopathic doctor must provide a copy of the
signed disclosure and informed consent forms to the board.
new text end

new text begin Subd. 3. new text end

new text begin Patient records. new text end

new text begin (a) A registered naturopathic doctor shall maintain a
record for seven years for each patient treated, including:
new text end

new text begin (1) a copy of the signed disclosure form and informed consent form;
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 assessment;
new text end

new text begin (4) record of the treatment provided to the patient; 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 registered
naturopathic doctor, the patient has been advised to consult with another health care
provider.
new text end

new text begin (b) A registered 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. 4. new text end

new text begin Data practices. new text end

new text begin All records maintained on each naturopathic patient by a
registered naturopathic doctor are subject to sections 144.291 to 144.298.
new text end

new text begin Subd. 5.new text end new text beginState and municipal public health regulations.new text end new text beginA registered naturopathic
doctor shall comply with all applicable state and municipal requirements regarding
public health.
new text end

Sec. 4.

new text begin [147E.10] PROTECTED TITLES.
new text end

new text begin Subdivision 1. new text end

new text begin Registration designation. new text end

new text begin (a) After July 1, 2008, no individual
may use the title "registered naturopathic doctor," "naturopathic doctor," "doctor of
naturopathic medicine," or use, in connection with the individual's name, the letters
"N.D.," "R.N.D.," or "N.M.D.," or any other titles, words, letters, abbreviations, or
insignia indicating or implying that the individual is eligible for registration by the state as
a registered naturopath or a registered naturopathic doctor unless the individual has been
registered as a registered naturopathic doctor according to this chapter.
new text end

new text begin (b) After July 1, 2008, individuals who are registered under this chapter and who
represent themselves as practicing naturopathic medicine by use of a term in subdivision
2, shall conspicuously display the registration in the place of practice.
new text end

new text begin Subd. 2. new text end

new text begin Other health care practitioners. new text end

new text begin 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 provision of the complementary and alternative healing methods and
treatments, including naturopathy as described in chapter 146A;
new text end

new text begin (3) the practice of naturopathic medicine by an individual licensed, registered, or
certified 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 (4) the practice by a naturopathic doctor duly licensed, registered, or certified in
another state, territory, or the District of Columbia when incidentally called into this state
for consultation with a Minnesota licensed physician or Minnesota registered naturopathic
doctor; or
new text end

new text begin (5) individuals not registered by this chapter from the use of individual modalities
that make up the practice of naturopathic medicine.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a misdemeanor.
new text end

Sec. 5.

new text begin [147E.15] REGISTRATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements for registration. new text end

new text begin To be eligible for
registration, an applicant 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 education 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;
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 shall be determined by the Naturopathic Physicians Licensing
Examination;
new text end

new text begin (4) submit additional information as requested by the board, including 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 education program or engaged in the practice of naturopathic medicine.
new text end

new text begin Subd. 2. new text end

new text begin Registration by endorsement; reciprocity. new text end

new text begin (a) To be eligible for
registration by endorsement or reciprocity, the applicant must hold a current naturopathic
license, registration, or certification in another state, Canadian province, the District of
Columbia, or territory of the United States, whose standards for licensure, registration, or
certification 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, registration, or certification for the practice of naturopathic medicine in another
jurisdiction that has initial licensing, registration, or certification 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, registration, or certification. Each letter
must state the applicant's name, date of birth, license, registration, or certification number;
date of issuance; a statement regarding disciplinary actions, if any, taken against the
applicant; and the terms under which the license, registration, or certification was issued.
new text end

new text begin (b) An applicant applying for license, registration, or certification by endorsement
must be licensed, registered, or certified in another state or Canadian province
prior to January 1, 2005, and have completed a 60-hour course and examination in
pharmacotherapeutics.
new text end

new text begin Subd. 3. new text end

new text begin Temporary registration. new text end

new text begin The board may issue a temporary registration to
practice as a registered naturopathic doctor to an applicant who is licensed, registered, or
certified in another state or Canadian province and is eligible for registration under this
section, if the application for registration is complete, all applicable requirements in this
section have been met, and a nonrefundable fee has been paid. The temporary registration
remains valid only until the meeting of the board at which time a decision is made on the
registered naturopathic doctor's application for registration.
new text end

new text begin Subd. 4. new text end

new text begin Registration expiration. new text end

new text begin Registrations 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 registration renewal a registrant 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 registrant 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 registrant by the board are considered as having
been received by the registrant.
new text end

new text begin Subd. 7. new text end

new text begin Registration renewal notice. new text end

new text begin At least 45 days before the registration
renewal date, the board shall send out a renewal notice to the last known address of the
registrant 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 registrant
that registration will expire without further action by the board if an application for
registration renewal is not received before the deadline for renewal. The registrant's
failure to receive this notice does not relieve the registrant 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 registration 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 registrant may be
placed in inactive status upon application to the board by the registrant and upon payment
of an inactive status fee.
new text end

new text begin (b) Registrants 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) Registrants whose inactive status period has been five years or longer must
additionally have a period of no less than eight weeks of board-approved supervision
by another registered naturopathic doctor.
new text end

new text begin Subd. 10. new text end

new text begin Registration following lapse of registration status for two years or
less.
new text end

new text begin For any individual whose registration status has lapsed for two years or less, to
regain registration status, the individual must:
new text end

new text begin (1) apply for registration 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 registrant's initial registration or last renewal; and
new text end

new text begin (3) submit the fees required under section 147E.40 for the period not registered,
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 registration that has lapsed and has not been renewed within two
annual registration renewal cycles starting January 2009. A registrant whose registration
is canceled for nonrenewal must obtain a new registration by applying for registration
and fulfilling all requirements then in existence for initial registration as a registered
naturopathic doctor.
new text end

new text begin Subd. 12. new text end

new text begin Cancellation of registration in good standing. new text end

new text begin (a) A registrant holding
an active registration as a registered naturopathic doctor in the state may, upon approval
of the board, be granted registration 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 registrant. Such action by the board must be reported
as a cancellation of registration in good standing.
new text end

new text begin (b) A registrant who receives board approval for registration cancellation is not
entitled to a refund of any registration fees paid for the registration year in which
cancellation of the registration occurred.
new text end

new text begin (c) To obtain registration after cancellation, a registrant must obtain a new
registration by applying for registration and fulfilling the requirements then in existence
for obtaining initial registration as a registered naturopathic doctor.
new text end

new text begin Subd. 13. new text end

new text begin Emeritus status of registration. new text end

new text begin A registrant may change the status of
the registration to "emeritus" by filing the appropriate forms and paying the onetime
fee of $50 to the board. This status allows the registrant to retain the title of registered
naturopathic doctor but restricts the registrant from actively seeing patients.
new text end

Sec. 6.

new text begin [147E.20] BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
new text end

new text begin (a) The board shall act on each application for registration according to paragraphs
(b) to (d).
new text end

new text begin (b) The board shall determine if the applicant meets the requirements for registration
under section 147E.15. The board 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 registration if registration is denied, and the applicant's right
to review under paragraph (d).
new text end

new text begin (d) Applicants denied registration may make a written request to the board, within
30 days of the board's notice, to appear before the board for reconsideration of the board's
decision to deny the applicant's registration. After reviewing the denial, the board shall
determine whether the denial shall be affirmed. Each applicant is allowed only one request
for review each yearly registration 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 registrant applying for
registration renewal must complete a minimum of 25 contact hours of board-approved
continuing education in the year preceding registration renewal, with the exception of
the registrant's first incomplete year, and attest to completion of continuing education
requirements by reporting to the board.
new text end

new text begin (b) Of the 25 contact hours of continuing education requirement in paragraph (a), at
least five hours of continuing education must be 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 registrant 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 registrants and require those registrants to supply the board
with evidence of having completed the continuing education to which they attested.
Documentation may come directly from the registrants 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 registrant may apply
no more than five hours of practice management to a one-year reporting period.
new text end

new text begin (b) A registrant 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 registration 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, registered naturopathic doctors and applicants are
subject to sections 147.091 to 147.162.
new text end

Sec. 9.

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) registration application fee, $200;
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 registration
fee. All registrants are required to pay the full fee upon registration 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 registration 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. 10. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2008.
new text end