SF 2378

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to business organizations; defining the terms 
  1.3             "professional" and "professional services" as they 
  1.4             relate to professional corporations and professional 
  1.5             firms; regulating professional health services; 
  1.6             amending Minnesota Statutes 1996, section 319A.02, 
  1.7             subdivisions 2, 3, and by adding a subdivision; 
  1.8             Minnesota Statutes 1997 Supplement, sections 319A.02, 
  1.9             subdivision 2a; 319B.02, subdivisions 17, 19, and by 
  1.10            adding a subdivision; and 319B.40. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 319A.02, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  "Professional service" means personal service 
  1.15  required or permitted to be rendered by a professional pursuant 
  1.16  to a license, registration, or certificate issued by the state 
  1.17  of Minnesota to practice medicine and surgery pursuant to 
  1.18  sections 147.01 to 147.22, as a physician assistant pursuant to 
  1.19  sections 147A.01 to 147A.27, chiropractic pursuant to sections 
  1.20  148.01 to 148.105, registered nursing pursuant to sections 
  1.21  148.171 to 148.285, optometry pursuant to sections 148.52 to 
  1.22  148.62, psychology pursuant to sections 148.88 to 148.98, 
  1.23  dentistry pursuant to sections 150A.01 to 150A.12, pharmacy 
  1.24  pursuant to sections 151.01 to 151.40, podiatric medicine 
  1.25  pursuant to Laws 1987, chapter 108, sections 1 to 16, veterinary 
  1.26  medicine pursuant to sections 156.001 to 156.14, architecture, 
  1.27  engineering, surveying, landscape architecture, geoscience, and 
  1.28  certified interior design pursuant to sections 326.02 to 326.15, 
  2.1   accountancy pursuant to sections 326.17 to 326.229, or law 
  2.2   pursuant to sections 481.01 to 481.17, or pursuant to a license 
  2.3   or certificate issued by another state pursuant to similar 
  2.4   laws.  Professional service includes personal service rendered 
  2.5   by a professional pursuant to a license or other authority to 
  2.6   practice law under the laws of a foreign nation. 
  2.7      Sec. 2.  Minnesota Statutes 1997 Supplement, section 
  2.8   319A.02, subdivision 2a, is amended to read: 
  2.9      Subd. 2a.  [PROFESSIONAL HEALTH SERVICE.] (a) Individuals 
  2.10  who furnish professional services pursuant to a license, 
  2.11  registration, or certificate issued by the state of Minnesota to 
  2.12  practice medicine pursuant to sections 147.01 to 147.22, as a 
  2.13  physician assistant pursuant to sections 147A.01 to 147A.27, 
  2.14  chiropractic pursuant to sections 148.01 to 148.106, registered 
  2.15  nursing pursuant to sections 148.171 to 148.285, optometry 
  2.16  pursuant to sections 148.52 to 148.62, psychology pursuant to 
  2.17  sections 148.88 to 148.98, dentistry pursuant to sections 
  2.18  150A.01 to 150A.12, pharmacy pursuant to sections 151.01 to 
  2.19  151.40, or podiatric medicine pursuant to sections 153.01 to 
  2.20  153.26 are specifically authorized to practice any of these 
  2.21  categories of services in combination if the individuals are 
  2.22  organized under this chapter. 
  2.23     (b) This authorization does not authorize an individual to 
  2.24  practice any profession, or furnish a professional service, for 
  2.25  which the individual is not licensed, registered, or certified, 
  2.26  but otherwise applies regardless of any contrary provision of a 
  2.27  licensing statute or rules adopted pursuant to that statute, 
  2.28  related to practicing and organizing in combination with other 
  2.29  health services professionals. 
  2.30     (c) A professional corporation may not adopt, implement, or 
  2.31  follow a policy, procedure, or practice that would give a board 
  2.32  grounds for disciplinary action against a professional who 
  2.33  follows, agrees to, or acquiesces in the policy, procedure, or 
  2.34  practice. 
  2.35     (d) This subdivision expires on December 31, 1998. 
  2.36     Sec. 3.  Minnesota Statutes 1996, section 319A.02, 
  3.1   subdivision 3, is amended to read: 
  3.2      Subd. 3.  "Professional" means a natural person who is 
  3.3   licensed by the laws of the state of Minnesota or similar laws 
  3.4   of another state to render professional service. 
  3.5      Professional includes a natural person who is licensed or 
  3.6   otherwise authorized to practice law under the laws of a foreign 
  3.7   nation. 
  3.8      Sec. 4.  Minnesota Statutes 1996, section 319A.02, is 
  3.9   amended by adding a subdivision to read: 
  3.10     Subd. 8.  [LICENSE.] (a) "License" includes any license, 
  3.11  certificate, registration, or other authority referred to in 
  3.12  subdivision 2 or 3. 
  3.13     (b) This subdivision expires on December 31, 1998. 
  3.14     Sec. 5.  Minnesota Statutes 1997 Supplement, section 
  3.15  319B.02, is amended by adding a subdivision to read: 
  3.16     Subd. 9a.  [LICENSE.] "License" includes any license, 
  3.17  certificate, registration, or other authority referred to in 
  3.18  subdivision 17 or 19. 
  3.19     Sec. 6.  Minnesota Statutes 1997 Supplement, section 
  3.20  319B.02, subdivision 17, is amended to read: 
  3.21     Subd. 17.  [PROFESSIONAL.] "Professional" means a natural 
  3.22  person who is licensed by the laws of the state of Minnesota or 
  3.23  similar laws of another state to furnish one or more of the 
  3.24  categories of professional services listed in subdivision 
  3.25  19.  Professional includes a natural person who is licensed or 
  3.26  otherwise authorized to practice law under the laws of a foreign 
  3.27  nation. 
  3.28     Sec. 7.  Minnesota Statutes 1997 Supplement, section 
  3.29  319B.02, subdivision 19, is amended to read: 
  3.30     Subd. 19.  [PROFESSIONAL SERVICES.] "Professional services" 
  3.31  means services of the type required or permitted to be furnished 
  3.32  by a professional under a license, registration, or certificate 
  3.33  issued by the state of Minnesota to practice medicine and 
  3.34  surgery under sections 147.01 to 147.22, as a physician 
  3.35  assistant pursuant to sections 147A.01 to 147A.27, chiropractic 
  3.36  under sections 148.01 to 148.105, registered nursing under 
  4.1   sections 148.171 to 148.285, optometry under sections 148.52 to 
  4.2   148.62, psychology under sections 148.88 to 148.98, dentistry 
  4.3   and dental hygiene under sections 150A.01 to 150A.12, pharmacy 
  4.4   under sections 151.01 to 151.40, podiatric medicine under 
  4.5   sections 153.01 to 153.25, veterinary medicine under sections 
  4.6   156.001 to 156.14, architecture, engineering, surveying, 
  4.7   landscape architecture, geoscience, and certified interior 
  4.8   design under sections 326.02 to 326.15, accountancy under 
  4.9   sections 326.17 to 326.229, or law under sections 481.01 to 
  4.10  481.17, or under a license or certificate issued by another 
  4.11  state under similar laws.  Professional services includes 
  4.12  services of the type required to be furnished by a professional 
  4.13  pursuant to a license or other authority to practice law under 
  4.14  the laws of a foreign nation. 
  4.15     Sec. 8.  Minnesota Statutes 1997 Supplement, section 
  4.16  319B.40, is amended to read: 
  4.17     319B.40 [PROFESSIONAL HEALTH SERVICES.] 
  4.18     (a) Individuals who furnish professional services pursuant 
  4.19  to a license, registration, or certificate issued by the state 
  4.20  of Minnesota to practice medicine pursuant to sections 147.01 to 
  4.21  147.22, as a physician assistant pursuant to sections 147A.01 to 
  4.22  147A.27, chiropractic pursuant to sections 148.01 to 148.106, 
  4.23  registered nursing pursuant to sections 148.171 to 148.285, 
  4.24  optometry pursuant to sections 148.52 to 148.62, psychology 
  4.25  pursuant to sections 148.88 to 148.98, dentistry pursuant to 
  4.26  sections 150A.01 to 150A.12, pharmacy pursuant to sections 
  4.27  151.01 to 151.40, or podiatric medicine pursuant to sections 
  4.28  153.01 to 153.26 are specifically authorized to practice any of 
  4.29  these categories of services in combination if the individuals 
  4.30  are organized under this chapter. 
  4.31     (b) This authorization does not authorize an individual to 
  4.32  practice any profession, or furnish a professional service, for 
  4.33  which the individual is not licensed, registered, or certified, 
  4.34  but otherwise applies regardless of any contrary provision of a 
  4.35  licensing statute or rules adopted pursuant to that statute, 
  4.36  related to practicing and organizing in combination with other 
  5.1   health services professionals. 
  5.2      Sec. 9.  [EFFECTIVE DATE.] 
  5.3      This act is effective the day following final enactment.