SF 2765

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to insurance; regulating auto insurance; regulating certain claims
practices; amending Minnesota Statutes 2006, section 65B.54, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2006, section 65B.54, is amended by adding a
subdivision to read:

Subd. 6.

Unethical practices.

(a) A licensed health care provider shall not initiate
direct contact, in person, over the telephone, or by other electronic means, with any person
who has suffered an injury arising out of the maintenance or use of an automobile, for the
purpose of influencing that person to receive treatment or to purchase any good or item
from the licensee or anyone associated with the licensee. This subdivision prohibits such
direct contact whether initiated by the licensee individually or on behalf of the licensee by
any employee, independent contractor, agent, or third party. This subdivision does not
apply when an injured person voluntarily initiates contact with a licensee.

(b) This subdivision does not prohibit licensees, or persons acting on their behalf,
from mailing advertising literature directly to such persons, so long as:

(1) the word "ADVERTISEMENT" appears clearly and conspicuously at the
beginning of the written materials;

(2) the name of the individual licensee appears clearly and conspicuously within
the written materials;

(3) the licensee is clearly identified as a licensed health care provider within the
written materials; and

(4) the licensee does not initiate, individually or through any employee, independent
contractor, agent, or third party, direct contact with the person after the written materials
are sent.

(c) This subdivision does not apply to:

(1) advertising that does not involve direct contact with specific prospective patients,
in public media such as telephone directories, professional directories, ads in newspapers
and other periodicals, radio or television ads, Web sites, billboards, or similar media;

(2) general marketing practices such as giving lectures; participating in special
events, trade shows, or meetings of organizations; or making presentations relative to the
benefits of chiropractic treatment;

(3) contact with friends or relatives, or statements made in a social setting;

(4) direct contact initiated by an ambulance service licensed under chapter 144E, a
medical response unit registered under section 144E.275, or by the emergency department
of a hospital licensed under chapter 144, for the purpose of rendering emergency care; or

(5) a situation in which the injured person:

(i) had a prior professional relationship with the licensee;

(ii) has selected that licensee as the licensee from whom the injured person receives
health care; or

(iii) has received treatment related to the accident from the licensee.

(d) A violation of this subdivision is grounds for the licensing authority to take
disciplinary action against the licensee, including revocation in appropriate cases.