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Minnesota Legislature

Office of the Revisor of Statutes

SF 2708

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2018 09:07am

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

Current Version - as introduced

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A bill for an act
relating to health occupations; modifying terms used to describe certain practices
of acupuncture practitioners and complementary and alternative health care
practitioners;amending Minnesota Statutes 2016, sections 146A.01, subdivision
4; 147B.01, subdivisions 3, 9, by adding a subdivision; 147B.03, subdivisions 2,
3; 147B.06, subdivision 4.

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

Section 1.

Minnesota Statutes 2016, section 146A.01, subdivision 4, is amended to read:


Subd. 4.

Complementary and alternative health care practices.

(a) "Complementary
and alternative health care practices" means the broad domain of complementary and
alternative healing methods and treatments, including but not limited to: (1) acupressure;
(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally
traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;
(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food
supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)
Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;
(15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage
therapy; (18) meditation; (19) mind-body healing practices; (20) naturopathy; (21)
noninvasive instrumentalities; and (22) traditional deleted text beginOrientaldeleted text endnew text begin East Asiannew text end practices, such as
Qi Gong energy healing.

(b) Complementary and alternative health care practices do not include surgery, x-ray
radiation, administering or dispensing legend drugs and controlled substances, practices
that invade the human body by puncture of the skin, setting fractures, the use of medical
devices as defined in section 147A.01, any practice included in the practice of dentistry as
defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations
of joints or the spine as described in section 146.23 or 148.01.

(c) Complementary and alternative health care practices do not include practices that
are permitted under section 147.09, clause (11), or 148.271, clause (5).

(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activity of lawfully marketing or distributing food products, including dietary supplements
as defined in the federal Dietary Supplement Health and Education Act, educating customers
about such products, or explaining the uses of such products. Under Minnesota law, an
unlicensed complementary and alternative health care practitioner may not provide a medical
diagnosis or recommend discontinuance of medically prescribed treatments.

Sec. 2.

Minnesota Statutes 2016, section 147B.01, subdivision 3, is amended to read:


Subd. 3.

Acupuncture practice.

"Acupuncture practice" means a comprehensive system
of health care using deleted text beginOrientaldeleted text endnew text begin East Asiannew text end medical theory and its unique methods of diagnosis
and treatment. Its treatment techniques include the insertion of acupuncture needles through
the skin and the use of other biophysical methods of acupuncture point stimulation, including
the use of heat, deleted text beginOrientaldeleted text endnew text begin East Asiannew text end massage techniques, electrical stimulation, herbal
supplemental therapies, dietary guidelines, breathing techniques, and exercise based on
deleted text begin Orientaldeleted text endnew text begin East Asiannew text end medical principles.

Sec. 3.

Minnesota Statutes 2016, section 147B.01, subdivision 9, is amended to read:


Subd. 9.

Breathing techniques.

"Breathing techniques" means deleted text beginOrientaldeleted text endnew text begin East Asiannew text end
breathing exercises taught to a patient as part of a treatment plan.

Sec. 4.

Minnesota Statutes 2016, section 147B.01, is amended by adding a subdivision to
read:


new text begin Subd. 12a. new text end

new text begin East Asian medicine. new text end

new text begin "East Asian medicine" has the meaning given to
Oriental medicine in subdivision 18.
new text end

Sec. 5.

Minnesota Statutes 2016, section 147B.03, subdivision 2, is amended to read:


Subd. 2.

Board approval.

The board shall approve a continuing education program if
the program meets the following requirements:

(1) it directly relates to the practice of acupuncture;

(2) each member of the faculty shows expertise in the subject matter by holding a degree
or certificate from an educational institution, has verifiable experience in traditional deleted text beginOrientaldeleted text endnew text begin
East Asian
new text end medicine, or has special training in the subject area;

(3) the program lasts at least one contact hour;

(4) there are specific written objectives describing the goals of the program for the
participants; and

(5) the program sponsor maintains attendance records for four years.

Sec. 6.

Minnesota Statutes 2016, section 147B.03, subdivision 3, is amended to read:


Subd. 3.

Continuing education topics.

(a) Continuing education program topics may
include, but are not limited to, deleted text beginOrientaldeleted text endnew text begin East Asiannew text end medical theory and techniques including
deleted text begin Orientaldeleted text endnew text begin East Asiannew text end massage; deleted text beginOrientaldeleted text endnew text begin East Asiannew text end nutrition; deleted text beginOrientaldeleted text endnew text begin East Asiannew text end herbology
and diet therapy; deleted text beginOrientaldeleted text endnew text begin East Asiannew text end exercise; western sciences such as anatomy, physiology,
biochemistry, microbiology, psychology, nutrition, history of medicine; and medical
terminology or coding.

(b) Practice management courses are excluded under this section.

Sec. 7.

Minnesota Statutes 2016, section 147B.06, subdivision 4, is amended to read:


Subd. 4.

Scope of practice.

The scope of practice of acupuncture includes, but is not
limited to, the following:

(1) using deleted text beginOrientaldeleted text endnew text begin East Asiannew text end medical theory to assess and diagnose a patient;

(2) using deleted text beginOrientaldeleted text endnew text begin East Asiannew text end medical theory to develop a plan to treat a patient. The
treatment techniques that may be chosen include:

(i) insertion of sterile acupuncture needles through the skin;

(ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
application of heat;

(iii) cupping;

(iv) dermal friction;

(v) acupressure;

(vi) herbal therapies;

(vii) dietary counseling based on traditional Chinese medical principles;

(viii) breathing techniques;

(ix) exercise according to deleted text beginOrientaldeleted text endnew text begin East Asiannew text end medical principles; or

(x) deleted text beginOrientaldeleted text endnew text begin East Asiannew text end massage.