2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; replacing references to the Church 1.3 of Christ Scientist with generic references in certain 1.4 statutory sections; making a violation of cease and 1.5 desist order issued by the commissioner of health a 1.6 misdemeanor; amending Minnesota Statutes 1994, 1.7 sections 144.572; 144A.09, subdivision 1; 144A.20, 1.8 subdivision 2; and 148B.70, subdivision 3. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1994, section 144.572, is 1.11 amended to read: 1.12 144.572 [INSTITUTIONS EXCEPTED.] 1.13 No rule nor requirement shall be made, nor standard 1.14 established under sections 144.50 to 144.56 for any sanitarium
,1.15 conducted in accordance with the practice and principles of the1.16 body known as the Church of Christ, Scientistby and for the 1.17 adherents of any recognized church or religious denomination for 1.18 the purpose of providing care and treatment for those who select 1.19 and depend upon spiritual means through prayer alone, in lieu of 1.20 medical care, for healing, except as to the sanitary and safe 1.21 condition of the premises, cleanliness of operation, and its 1.22 physical equipment. 1.23 Sec. 2. Minnesota Statutes 1994, section 144A.09, 1.24 subdivision 1, is amended to read: 1.25 Subdivision 1. [ CHURCH OF CHRIST, SCIENTISTSPIRITUAL 1.26 MEANS FOR HEALING.] No rule established under sections 144A.01 1.27 to 144A.16 other than a rule relating to sanitation and safety 2.1 of premises, to cleanliness of operation or to physical 2.2 equipment, shall apply to a nursing home conducted in accordance2.3 with the teachings of the body known as the Church of Christ,2.4 Scientistby and for the adherents of any recognized church or 2.5 religious denomination for the purpose of providing care and 2.6 treatment for those who select and depend upon spiritual means 2.7 through prayer alone in lieu of medical care for healing. 2.8 Sec. 3. Minnesota Statutes 1994, section 144A.20, 2.9 subdivision 2, is amended to read: 2.10 Subd. 2. [EXCEPTION.] Notwithstanding any law to the 2.11 contrary, no person desiring to be licensed to administer a 2.12 nursing home operated exclusively in accordance with the2.13 teachings of the body known as the Church of Christ,2.14 Scientistby and for the adherents of any recognized church or 2.15 religious denomination for the purpose of providing care and 2.16 treatment for those who select and depend upon spiritual means 2.17 through prayer alone, in lieu of medical care, for healing, 2.18 shall be required to demonstrate proficiency in any medical 2.19 technique or meet any medical educational qualification or 2.20 medical standard which is not in accord with the type of 2.21 remedial care and treatment provided in a nursing home operated 2.22 exclusively in accordance with the teachings of that body. 2.23 Sec. 4. Minnesota Statutes 1994, section 148B.70, 2.24 subdivision 3, is amended to read: 2.25 Subd. 3. [ADDITIONAL POWERS; CRIMINAL PENALTY.] The 2.26 issuance of a cease and desist order or injunctive relief 2.27 granted under this section does not relieve a practitioner from 2.28 criminal prosecution by a competent authority or from 2.29 disciplinary action by the commissioner. A violation of a cease 2.30 and desist order of the commissioner is a misdemeanor.