SF 3579

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2022 09:36am

A bill for an act
relating to health occupations; modifying requirements and scope of practice for
licensed acupuncture practitioners; amending Minnesota Statutes 2020, sections
147B.01, subdivisions 3, 4, 14, by adding subdivisions; 147B.03, subdivisions 2,
3; 147B.05, subdivision 1; 147B.06, subdivisions 1, 4, 5, 6; repealing Minnesota
Statutes 2020, section 147B.01, subdivision 18.

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

Section 1.

Minnesota Statutes 2020, section 147B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Acupuncture. new text end

new text begin "Acupuncture" means a treatment technique that uses modern
and traditional medical methods of diagnosis and treatment, including the insertion of
acupuncture needles through the skin and the use of other biophysical methods of acupuncture
point stimulation, such as the use of heat, massage or manual therapy techniques, or electrical
stimulation. Acupuncture includes but is not limited to therapies termed "dry needling,"
"trigger point therapy," "intramuscular therapy," "auricular detox treatment," and similar
terms referring to the insertion of needles past the skin for pain management, disease or
symptom modification, or other related treatments.
new text end

Sec. 2.

Minnesota Statutes 2020, section 147B.01, subdivision 3, is amended to read:

Subd. 3.

Acupuncture new text begin and herbal medicine new text end practice.

"Acupuncture new text begin and herbal medicine
new text end practice" means a comprehensive system of new text begin primary new text end health care deleted text begin using Oriental medical
theory and its unique methods of diagnosis and treatment deleted text end new text begin that uses traditional and modern
methods of diagnosis and treatment techniques new text end . new text begin The practice may also be termed "traditional
Chinese medicine," "East Asian medicine," or "acupuncture medicine." new text end Its treatment
techniques include deleted text begin the insertion of acupuncture needles through the skin and the use of other
biophysical methods of acupuncture point stimulation, including the use of heat, Oriental
massage techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines,
breathing techniques, and exercise based on Oriental medical principles deleted text end new text begin but are not limited
to acupuncture, herbal therapies, cupping, dermal friction, dietary and nutrition therapies,
mind-body exercises, Tuina mobilization, and other similar modalities new text end .

Sec. 3.

Minnesota Statutes 2020, section 147B.01, subdivision 4, is amended to read:

Subd. 4.

Acupuncture needle.

"Acupuncture needle" means a needle designed
exclusively for deleted text begin acupuncture deleted text end new text begin the new text end purposes new text begin of insertion past the skin to alleviate pain, provide
symptom relief, and modulate disease processes new text end . It has a solid core, with a tapered point,
and is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or
other board-approved materials as long as the materials can be sterilized according to
recommendations of the National Centers for Disease Control and Prevention.

Sec. 4.

Minnesota Statutes 2020, section 147B.01, is amended by adding a subdivision to
read:

new text begin Subd. 11a. new text end

new text begin Diagnosis. new text end

new text begin "Diagnosis" means the physical, clinical, and laboratory
examination of the patient and the use of diagnostic services for diagnostic purposes within
the scope of acupuncture and herbal medicine practice.
new text end

Sec. 5.

Minnesota Statutes 2020, section 147B.01, is amended by adding a subdivision to
read:

new text begin Subd. 11b. new text end

new text begin Diagnostic services and testing. new text end

new text begin "Diagnostic services and testing" means
clinical, physical, laboratory, and other diagnostic measures, including diagnostic imaging,
that may be necessary to determine the presence or absence of a condition, deficiency,
deformity, abnormality, or disease as a basis for evaluating a health concern, diagnosis,
differential diagnosis, treatment, further examination, or referral.
new text end

Sec. 6.

Minnesota Statutes 2020, section 147B.01, subdivision 14, is amended to read:

Subd. 14.

Herbal therapies new text begin or herbal medicine new text end .

"Herbal therapies new text begin " or "herbal medicine new text end "
deleted text begin are deleted text end new text begin means new text end the use of herbs and patent herbal remedies as supplements as part of the treatment
plan of the patient.

Sec. 7.

Minnesota Statutes 2020, section 147B.01, is amended by adding a subdivision to
read:

new text begin Subd. 17a. new text end

new text begin Tuina mobilization. new text end

new text begin "Tuina mobilization" means a manual therapy technique
that fosters movement and promotes alignment in stagnant tissues and joints based on
acupuncture medicine concepts and modern research.
new text end

Sec. 8.

Minnesota Statutes 2020, 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 deleted text begin traditional Oriental deleted text end new text begin
the practice of acupuncture and herbal 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. 9.

Minnesota Statutes 2020, section 147B.03, subdivision 3, is amended to read:

Subd. 3.

Continuing education topics.

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

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

Sec. 10.

Minnesota Statutes 2020, section 147B.05, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The advisory council to the Board of Medical Practice for
acupuncture consists of seven members appointed by the board to three-year terms. Four
members must be deleted text begin licensed deleted text end acupuncture practitioners new text begin licensed in Minnesota new text end , one member
must be a licensed physician or osteopathic physician who also practices acupuncture, one
member must be a licensed chiropractor who is NCCAOM certified, and one member must
be a member of the public who has received acupuncture treatment as a primary therapy
from a NCCAOM certified acupuncturist.

Sec. 11.

Minnesota Statutes 2020, section 147B.06, subdivision 1, is amended to read:

Subdivision 1.

Practice standards.

(a) Before treatment of a patient, an acupuncture
practitioner shall ask whether the patient has been examined by a licensed physician or other
professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness
or injury, and shall review the diagnosis as reported.

(b) The practitioner shall obtain informed consent from the patient, after advising the
patient of the following information which must be supplied to the patient in writing before
or at the time of the initial visit:

(1) the practitioner's qualifications including:

(i) education;

(ii) license information; and

(iii) outline of the scope of practice of acupuncturists in Minnesota; and

(2) side effects which may include the following:

(i) some pain in the treatment area;

(ii) minor bruising;

(iii) infection;

(iv) needle sickness; or

(v) broken needles.

deleted text begin (c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
has been advised to consult with the patient's primary care physician about the acupuncture
treatment if the patient circumstances warrant or the patient chooses to do so.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The practitioner shall inquire whether the patient has a pacemaker or bleeding
disorder.

Sec. 12.

Minnesota Statutes 2020, section 147B.06, subdivision 4, is amended to read:

Subd. 4.

Scope of practice.

The scope of practice of acupuncture new text begin and herbal medicine new text end
includes deleted text begin , deleted text end but is not limited to deleted text begin , deleted text end the following:

(1) deleted text begin using Oriental medical theory to assess and diagnose a patient; deleted text end new text begin evaluation,
management, and treatment services using methods and techniques described in section
147B.01, subdivisions 2a, 3, and 14;
new text end

(2) deleted text begin using Oriental medical theory to develop a plan to treat a patient. The treatment
techniques that may be chosen include: deleted text end new text begin diagnostic examination, testing, and procedures,
including diagnostic imaging, laboratory, or other diagnostic tests, as described in section
147B.01;
new text end

deleted text begin (i) insertion of sterile acupuncture needles through the skin;
deleted text end

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

deleted text begin (iii) cupping;
deleted text end

deleted text begin (iv) dermal friction;
deleted text end

deleted text begin (v) acupressure;
deleted text end

deleted text begin (vi) herbal therapies;
deleted text end

deleted text begin (vii) dietary counseling based on traditional Chinese medical principles;
deleted text end

deleted text begin (viii) breathing techniques;
deleted text end

deleted text begin (ix) exercise according to Oriental medical principles; or
deleted text end

deleted text begin (x) Oriental massage.
deleted text end

new text begin (3) the stimulation of acupuncture points, areas of the body, or substances in the body
using acupuncture needles, heat, cold, infrared and ultraviolet light, lasers, sound, vibration,
pressure, magnetism, electricity, electromagnetic energy, bleeding, or suction;
new text end

new text begin (4) the use of physical medicine treatments, procedures, and devices, including cupping,
dermal friction, acupressure, massage, or Tuina mobilization;
new text end

new text begin (5) the use of therapeutic exercises, breathing techniques, meditation, and devices that
use heat, cold, color, infrared and ultraviolet light, lasers, sound, vibration, pressure,
magnetism, electricity, and electromagnetic energy for therapeutic purposes;
new text end

new text begin (6) dietary and nutritional counseling and the prescription or administration of food,
beverages, and dietary supplements for therapeutic purposes, based on acupuncture and
herbal medicine;
new text end

new text begin (7) counseling and education to promote physical, emotional, and spiritual lifestyle
balance, based on acupuncture and herbal medicine principles; and
new text end

new text begin (8) injection therapy, including the injection of sterile and prepared herbal products,
vitamins, minerals, and homeopathic or other substances that are prepared for injection via
nonintravenous hypodermic needles to acupuncture points for pain or symptom management.
Prior to initiating injection therapy services, an acupuncturist must provide proof to the
board that the acupuncturist has completed the training required for injection therapy.
new text end

Sec. 13.

Minnesota Statutes 2020, section 147B.06, subdivision 5, is amended to read:

Subd. 5.

Patient records.

An acupuncturist shall maintain a patient record for each
patient treated, including:

(1) a copy of the informed consent;

(2) evidence of a patient interview concerning the patient's medical history and current
physical condition;

(3) evidence of deleted text begin a traditional acupuncture deleted text end new text begin an new text end examination and diagnosis new text begin within the scope
of practice of acupuncture and herbal medicine new text end ;

(4) record of the treatment including points treated; and

(5) evidence of evaluation and instructions given to the patient.

Sec. 14.

Minnesota Statutes 2020, section 147B.06, subdivision 6, is amended to read:

Subd. 6.

Referral to other health care practitioners.

Referral to other health care
practitioners is required when an acupuncturist practitioner sees patients with potentially
serious disorders including deleted text begin , deleted text end but not limited to:

(1) cardiac conditions including uncontrolled hypertension;

(2) acute, severe abdominal pain;

(3) acute, undiagnosed neurological changes;

(4) unexplained weight loss or gain in excess of 15 percent of the body weight in less
than a three-month period;

(5) suspected fracture or dislocation;

(6) suspected systemic infections;

(7) any serious undiagnosed hemorrhagic disorder; and

(8) acute respiratory distress without previous history.

deleted text begin The acupuncturist shall request a consultation or written diagnosis from a licensed
physician for patients with potentially serious disorders.
deleted text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 147B.01, subdivision 18, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-05597

147B.01 DEFINITIONS.

Subd. 18.

Oriental medicine.

"Oriental medicine" means a system of healing arts that perceives the circulation and balance of energy in the body as being fundamental to the well-being of the individual. It implements the theory through specialized methods of analyzing the energy status of the body and treating the body with acupuncture and other related modalities for the purpose of strengthening the body, improving energy balance, maintaining or restoring health, improving physiological function, and reducing pain.