Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 345-S.F.No. 1008 
           An act relating to occupations and professions; 
          providing for the regulation of the practice of 
          chiropractic; providing for peer review of services 
          and fees; providing grounds for license revocation; 
          prescribing penalties; appropriating money; amending 
          Minnesota Statutes 1986, sections 148.06, subdivision 
          1; 148.07, subdivision 2; 148.08, subdivision 3; 
          148.10, subdivisions 1, 3, and by adding a 
          subdivision; and 319A.02, subdivision 2; proposing 
          coding for new law in Minnesota Statutes, chapter 148; 
          repealing Minnesota Statutes 1986, section 148.101. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 148.06, 
subdivision 1, is amended to read:  
    Subdivision 1.  [LICENSE REQUIRED; QUALIFICATIONS.] No 
person shall practice chiropractic in this state without first 
being licensed by the state board of chiropractic examiners.  
The applicant shall have earned at least one-half of all 
academic credits required for awarding of a baccalaureate degree 
from the University of Minnesota, or other university, college 
or community college of equal standing, in subject matter 
determined by the board, and taken a four-year resident course 
of at least eight months each in a school or college of 
chiropractic that is fully accredited by the council on 
chiropractic education or fully accredited by an agency approved 
by the United States office of education or their successors.  
The board may recommend a two-year prechiropractic course of 
instruction to any university, college or community college 
which in its judgment would satisfy the academic prerequisite 
for licensure as established by this section. 
    An examination for a license shall be in writing and shall 
include testing in: 
    (a) The basic sciences including but not limited to 
anatomy, physiology, bacteriology, pathology, hygiene, and 
chemistry as related to the human body or mind; 
    (b) The clinical sciences including but not limited to the 
science and art of chiropractic, chiropractic physiotherapy, 
diagnosis, roentgenology and nutrition; and 
    (c) Professional ethics and any other subjects that the 
board may deem advisable. 
    The board may consider a valid certificate of examination 
from the National Board of Chiropractic Examiners as evidence of 
compliance with the written examination requirements of this 
subdivision.  The applicant shall be required to give practical 
demonstration in vertebral palpation, nerve tracing neurology, 
adjusting and any other subject that the board may deem 
advisable.  A license, countersigned by the members of the board 
and authenticated by the seal thereof, shall be granted to each 
applicant who correctly answers 75 percent of the questions 
propounded in each of the subjects required by this subdivision 
and meets the standards of practical demonstration established 
by the board.  Each application shall be accompanied by a fee 
set by the board.  The fee shall not be returned in the event of 
failure to pass, but the applicant may, within one year, apply 
for examination without the payment of an additional fee.  The 
board may grant a license to an applicant who holds a valid 
license to practice chiropractic issued by the appropriate 
licensing board of another state or country, provided the 
applicant meets the other requirements of this section and 
satisfactorily passes the practical examination before the board.
The burden of proof is on the applicant to demonstrate these 
qualifications or satisfaction of these requirements.  
    Sec. 2.  Minnesota Statutes 1986, section 148.07, 
subdivision 2, is amended to read:  
    Subd. 2.  [EXPENSES.] The expenses of administering 
sections 148.01 to 148.101 148.105 shall be paid from the 
appropriation made to the state board of chiropractic examiners. 
Expenditures and revenues must be managed in accordance with the 
statewide accounting principles and requirements of the 
commissioner of finance.  
    Sec. 3.  Minnesota Statutes 1986, section 148.08, 
subdivision 3, is amended to read:  
    Subd. 3.  [RULES.] The board of chiropractic examiners 
shall promulgate rules necessary to administer sections 148.01 
to 148.101 148.105 to protect the health, safety, and welfare of 
the public, including rules governing the practice of 
chiropractic and defining any terms, whether or not used in 
sections 148.01 to 148.101 148.105, if the definitions are not 
inconsistent with the provisions of sections 148.01 to 148.101 
148.105.  
    Sec. 4.  Minnesota Statutes 1986, section 148.10, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GROUNDS.] The state board of chiropractic 
examiners may refuse to grant, or may revoke, suspend, 
condition, limit, restrict or qualify a license to practice 
chiropractic, or may cause the name of a person licensed to be 
removed from the records in the office of the court 
administrator of the district court for: 
    (1) the publishing or distributing, or causing to be 
published or distributed, in newspapers, magazines, directories, 
pamphlets, posters, cards, or in any other manner by 
advertisement, wherein the term "cure" or "guarantee to cure" or 
similar terms are used; which is hereby declared to be 
fraudulent and misleading to the general public; Advertising 
that is false or misleading; that violates a rule of the board; 
or that claims the cure of any condition or disease. 
    (2) The employment of fraud or deception in applying for a 
license or in passing the examination provided for in section 
148.06; or conduct which subverts or attempts to subvert the 
licensing examination process.  
    (3) The practice of chiropractic under a false or assumed 
name or the impersonation of another practitioner of like or 
different name;.  
    (4) The conviction of a crime involving moral turpitude;.  
    (5) The conviction, during the previous five years, of a 
felony reasonably related to the practice of chiropractic.  
    (6) Habitual intemperance in the use of alcohol or drugs;.  
    (6) (7) Failure to pay the annual renewal license fee;.  
    (7) (8) Advanced physical or mental disability;.  
    (8) (9) The revocation or suspension of a license to 
practice chiropractic; or other disciplinary action against the 
licensee; or the denial of an application for a license by the 
proper licensing authority of another state, territory or 
country; or failure to report to the board that charges 
regarding the person's license have been brought in another 
state or jurisdiction.  
    (9) (10) The violation of, or failure to comply with, the 
provisions of sections 148.01 to 148.101 148.105, the rules of 
the state board of chiropractic examiners, or a lawful order of 
the board;.  
    (10) (11) Unprofessional conduct; or.  
    (11) (12) Being unable to practice chiropractic with 
reasonable skill and safety to patients by reason of illness, 
professional incompetence, senility, drunkenness, use of drugs, 
narcotics, chemicals or any other type of material, or as a 
result of any mental or physical condition, including 
deterioration through the aging process or loss of motor 
skills.  If the board has probable cause to believe that a 
person comes within this clause, it shall direct the person to 
submit to a mental or physical examination.  For the purpose of 
this clause, every person licensed under this chapter shall be 
deemed to have given consent to submit to a mental or physical 
examination when directed in writing by the board and further to 
have waived all objections to the admissibility of the examining 
physicians' testimony or examination reports on the ground that 
the same constitute a privileged communication.  Failure of a 
person to submit to such examination when directed shall 
constitute an admission of the allegations, unless the failure 
was due to circumstances beyond the person's control, in which 
case a default and final order may be entered without the taking 
of testimony or presentation of evidence.  A person affected 
under this clause shall at reasonable intervals be afforded an 
opportunity to demonstrate that the person can resume the 
competent practice of chiropractic with reasonable skill and 
safety to patients.  
     In addition to ordering a physical or mental examination, 
the board may, notwithstanding section 13.42, 144.651, or any 
other law limiting access to health data, obtain health data and 
health records relating to a licensee or applicant without the 
licensee's or applicant's consent if the board has probable 
cause to believe that a doctor of chiropractic comes under this 
clause.  The health data may be requested from a provider, as 
defined in section 144.335, subdivision 1, paragraph (b), an 
insurance company, or a government agency, including the 
department of human services.  A provider, insurance company, or 
government agency shall comply with any written request of the 
board under this subdivision and is not liable in any action for 
damages for releasing the data requested by the board if the 
data are released pursuant to a written request under this 
subdivision, unless the information is false and the provider or 
entity giving the information knew, or had reason to believe, 
the information was false.  Information obtained under this 
subdivision is classified as private under sections 13.01 to 
13.87.  
     In any proceeding under this clause, neither the record of 
proceedings nor the orders entered by the board shall be used 
against a person in any other proceeding.  
    (13) Aiding or abetting an unlicensed person in the 
practice of chiropractic, except that it is not a violation of 
this clause for a doctor of chiropractic to employ, supervise, 
or delegate functions to a qualified person who may or may not 
be required to obtain a license or registration to provide 
health services if that person is practicing within the scope of 
his or her license or registration or delegated authority.  
    (14) Improper management of health records, including 
failure to maintain adequate health records as described in 
clause (18), to comply with a patient's request made under 
section 144.335 or to furnish a health record or report required 
by law.  
    (15) Failure to make reports required by section 7, 
subdivisions 2 and 5, or to cooperate with an investigation of 
the board as required by section 9, or the submission of a 
knowingly false report against another doctor of chiropractic 
under section 5.  
    (16) Splitting fees, or promising to pay a portion of a fee 
or a commission, or accepting a rebate.  
    (17) Revealing a privileged communication from or relating 
to a patient, except when otherwise required or permitted by law.
    (18) Failing to keep written chiropractic records 
justifying the course of treatment of the patient, including, 
but not limited to, patient histories, examination results, test 
results, and X-rays.  Unless otherwise required by law, written 
records need not be retained for more than seven years and 
X-rays need not be retained for more than four years.  
    (19) Exercising influence on the patient or client in such 
a manner as to exploit the patient or client for financial gain 
of the licensee or of a third party which shall include, but not 
be limited to, the promotion or sale of services, goods, or 
appliances.  
    (20) Gross or repeated malpractice or the failure to 
practice chiropractic at a level of care, skill, and treatment 
which is recognized by a reasonably prudent chiropractor as 
being acceptable under similar conditions and circumstances.  
    (21) Delegating professional responsibilities to a person 
when the licensee delegating such responsibilities knows or has 
reason to know that the person is not qualified by training, 
experience, or licensure to perform them.  
    For the purposes of clause (2), conduct that subverts or 
attempts to subvert the licensing examination process includes, 
but is not limited to:  (a) conduct that violates the security 
of the examination materials, such as removing examination 
materials from the examination room or having unauthorized 
possession of any portion of a future, current, or previously 
administered licensing examination; (b) conduct that violates 
the standard of test administration, such as communicating with 
another examinee during administration of the examination, 
copying another examinee's answers, permitting another examinee 
to copy one's answers, or possessing unauthorized materials; or 
(c) impersonating an examinee or permitting an impersonator to 
take the examination on one's own behalf.  
    For the purposes of clause clauses (4) and (5), 
conviction shall be deemed to include a criminal proceeding in 
which as used in these subdivisions includes a conviction of an 
offense that if committed in this state would be deemed a felony 
without regard to its designation elsewhere, or a criminal 
proceeding where a finding or verdict of guilt is made or 
returned but the adjudication of guilt is either withheld or not 
entered. 
    For the purposes of clauses (4) and, (5), and (6), a copy 
of the judgment or proceeding under seal of the administrator of 
the court or of the administrative agency which entered the same 
shall be admissible into evidence without further authentication 
and shall constitute prima facie evidence of its contents. 
    For the purposes of clause (10) (11), unprofessional 
conduct means any unethical, deceptive or deleterious conduct or 
practice harmful to the public, any departure from or the 
failure to conform to the minimal standards of acceptable 
chiropractic practice, or a willful or careless disregard for 
the health, welfare or safety of patients, in any of which cases 
proof of actual injury need not be established.  Unprofessional 
conduct shall include, but not be limited to, the following acts 
of a chiropractor: 
    (a) Gross ignorance of, or incompetence in, the practice of 
chiropractic; 
    (b) Making suggestive, lewd, lascivious or improper 
advances to a patient Engaging in conduct with a patient that is 
sexual or may reasonably be interpreted by the patient as 
sexual, or in any verbal behavior that is seductive or sexually 
demeaning to a patient; 
    (c) Performing unnecessary services; 
    (d) Charging a patient an unconscionable fee or charging 
for services not rendered; 
    (e) Directly or indirectly engaging in threatening, 
dishonest, or misleading fee collection techniques; 
    (f) Perpetrating fraud upon patients, third party payers, 
or others, relating to the practice of chiropractic, including 
violations of the Medicare or Medicaid laws or state medical 
assistance laws; and 
    (g) Advertising that the licensee will accept for services 
rendered assigned payments from any third-party payor as payment 
in full, if the effect is to give the impression of eliminating 
the need of payment by the patient of any required deductible or 
copayment applicable in the patient's health benefit plan; or 
advertising a fee or charge for a service or treatment different 
from the fee or charge the licensee submits to a third-party 
payor for that service or treatment.  As used in this clause, 
"advertise" means solicitation by the licensee by means of 
handbills, posters, circulars, motion pictures, radio, 
newspapers, television, or in any other manner.  In addition to 
the board's power to punish for violations of this clause, 
violation of this clause is also a misdemeanor; 
    (h) Accepting for services rendered assigned payments from 
any third-party payor as payment in full, if the effect is to 
eliminate the need of payment by the patient of any required 
deductible or copayment applicable in the patient's health 
benefit plan, except as hereinafter provided; or collecting a 
fee or charge for a service or treatment different from the fee 
or charge the licensee submits to a third-party payor for that 
service or treatment, except as hereinafter provided.  This 
clause is intended to prohibit offerings to the public of the 
above listed practices and those actual practices as well, 
except that in instances where the intent is not to collect an 
excessive remuneration from the third-party payor but rather to 
provide services at a reduced rate to a patient unable to afford 
the deductible or copayment, the services may be performed for a 
lesser charge or fee.  The burden of proof for establishing that 
this is the case shall be on the licensee; and 
    (i) Any other act that the board by rule may define.  
    Sec. 5.  Minnesota Statutes 1986, section 148.10, 
subdivision 3, is amended to read: 
    Subd. 3.  [REPRIMAND; PENALTIES; PROBATION.] In addition to 
the other powers granted to the board under this chapter, the 
board may, in connection with any person whom the board, after a 
hearing, adjudges unqualified or whom the board, after a 
hearing, finds to have performed one or more of the acts 
described in subdivision 1: 
    (a) Publicly reprimand or censure the person;  
    (b) Place the person on probation for the period and upon 
the terms and conditions that the board may prescribe; and 
    (c) Require payment of all costs of proceedings resulting 
in the disciplinary action; and 
    (d) Impose a civil penalty not exceeding $10,000 for each 
separate violation, the amount of the civil penalty to be fixed 
so as to deprive the doctor of chiropractic of any economic 
advantage gained by reason of the violation charged or to 
reimburse the board for the cost of the investigation and 
proceeding. 
    Sec. 6.  Minnesota Statutes 1986, section 148.10, is 
amended by adding a subdivision to read: 
    Subd. 6.  [EFFECT OF APPEAL.] A suspension, revocation, 
condition, limitation, qualification, or restriction of a 
license shall be in effect pending determination of an appeal 
unless the court, upon petition and for good cause shown, shall 
otherwise order. 
    A license to practice chiropractic is automatically 
suspended if (1) a guardian of the person of a licensee is 
appointed by order of a probate court under sections 525.54 to 
525.61, for reasons other than the minority of the licensee; or 
(2) the licensee is committed by order of a probate court under 
chapter 253B or sections 526.09 to 526.11.  The license remains 
suspended until the licensee is restored to capacity by a court 
and, upon petition by the licensee, the suspension is terminated 
by the board after a hearing.  
    Sec. 7.  [148.102] [REPORTS OF STATE OR LOCAL SOCIETIES.] 
    Subdivision 1.  [REQUIREMENT.] If a state or local 
chiropractic society receives a complaint which might be grounds 
for discipline under section 148.10 against a member doctor of 
chiropractic, the society shall report the complaint or shall 
direct the complainant to the board of chiropractic examiners.  
    Subd. 2.  [LICENSED PROFESSIONALS.] A licensed health 
professional shall report to the board personal knowledge of any 
conduct which the professional reasonably believes constitutes 
grounds for disciplinary action under section 148.10 by any 
doctor of chiropractic including any conduct indicating that the 
doctor of chiropractic may be incompetent, or may have engaged 
in unprofessional conduct, or may be physically unable to engage 
safely in the practice of chiropractic.  No report shall be 
required if the information was obtained in the course of a 
patient relationship if the patient is a doctor of chiropractic 
and the treating health professional successfully counsels the 
doctor of chiropractic to limit or withdraw from practice to the 
extent required by the impairment; or (2) is a patient or former 
patient of the doctor of chiropractic and the treating 
professional is a psychologist from whom the patient is 
receiving psychotherapeutic services. 
    Subd. 3.  [INSURERS.] Two times each year each insurer 
authorized to sell insurance described in section 60A.06, 
subdivision 1, clause (13), and providing professional liability 
insurance to chiropractors shall submit to the board a report 
concerning the chiropractors against whom malpractice 
settlements or awards have been made to the plaintiff.  The 
report must contain at least the following information: 
    (1) the total number of malpractice settlements or awards 
made to the plaintiff; 
    (2) the date the malpractice settlements or awards to the 
plaintiff were made; 
    (3) the allegations contained in the claim or complaint 
leading to the settlements or awards made to the plaintiff; 
    (4) the dollar amount of each malpractice settlement or 
award; 
    (5) the regular address of the practice of the doctor of 
chiropractic against whom an award was made or with whom a 
settlement was made; and 
    (6) the name of the doctor of chiropractic against whom an 
award was made or with whom a settlement was made. 
    The insurance company shall, in addition to the above 
information, report to the board any information it possesses 
which tends to substantiate a charge that a doctor of 
chiropractic may have engaged in conduct violating section 
148.10 and this section. 
    Subd. 4.  [COURTS.] The clerk of district court or any 
other court of competent jurisdiction shall report to the board 
any judgment or other determination of the court which adjudges 
or includes a finding that a doctor of chiropractic is mentally 
ill, mentally incompetent, guilty of a felony, guilty of an 
abuse or fraud, appoints a guardian of the doctor of 
chiropractic under sections 525.54 to 525.61 or commits a doctor 
of chiropractic under chapter 253B or sections 526.09 to 526.11. 
     Subd. 5.  [SELF-REPORTING.] A doctor of chiropractic shall 
report to the board any action concerning that doctor which 
would require that a report be filed with the board by any 
person, health care facility, business, or organization under 
subdivision 4. 
     Subd. 6.  [DEADLINES; FORMS.] Reports required by 
subdivisions 1 to 5 must be submitted not later than 30 days 
after the occurrence of the reportable event or transaction.  
The board may provide forms for the submission of reports 
required by this section, may require that reports be submitted 
on the forms provided, and may adopt rules necessary to assure 
prompt and accurate reporting. 
     Subd. 7.  [SUBPOENAS.] The board may issue subpoenas for 
the production of any reports required by subdivisions 1 to 5 or 
any related documents. 
    Sec. 8.  [148.103] [IMMUNITY FOR REPORTING OR 
INVESTIGATING.] 
    Subdivision 1.  [REPORTING.] Any person, health care 
facility, business, or organization is immune from civil 
liability or criminal prosecution for submitting a report to the 
board under section 7 or for otherwise reporting to the board 
violations or alleged violations of section 148.10.  The reports 
are private. 
    Subd. 2.  [INVESTIGATION.] Members of the board and persons 
employed by the board or engaged in the investigation or 
prosecution of violations and in the preparation and management 
of charges of violations of sections 148.01 to 148.105 on behalf 
of the board are immune from civil liability and criminal 
prosecution for any actions, transactions, or publications in 
the execution of, or relating to, their duties under sections 
148.01 to 148.105. 
    Sec. 9.  [148.104] [COOPERATION DURING INVESTIGATIONS.] 
    A doctor of chiropractic who is the subject of an 
investigation by or on behalf of the board shall cooperate fully 
with the investigation.  Cooperation includes responding fully 
and promptly to any question raised by or on behalf of the board 
relating to the subject of the investigation and providing 
copies of patient health records, as reasonably requested by the 
board, to assist the board in its investigation. 
    Sec. 10.  [148.105] [VIOLATION.] 
    Subdivision 1.  [GENERALLY.] Any person who practices, or 
attempts to practice, chiropractic or who uses any of the terms 
or letters "Doctors of Chiropractic," "Chiropractor," "D.C.," or 
any other title or letters under any circumstances as to lead 
the public to believe that the person who so uses the terms is 
engaged in the practice of chiropractic, without having complied 
with the provisions of sections 148.01 to 148.104, is guilty of 
a gross misdemeanor; and, upon conviction, fined not less than 
$1,000 nor more than $10,000 or be imprisoned in the county jail 
for not less than 30 days nor more than six months or punished 
by both fine and imprisonment, in the discretion of the court.  
It is the duty of the county attorney of the county in which the 
person practices to prosecute.  Nothing in sections 148.01 to 
148.105 shall be considered as interfering with any person: 
     (a) licensed by a health related licensing board, as 
defined in section 214.01, subdivision 2, including licensed 
psychologists with respect to the use of hypnosis; 
    (b) registered by the commissioner of health under section 
214.13; or 
     (c) engaged in other methods of healing regulated by law in 
the state of Minnesota; 
provided that the person confines activities within the scope of 
the license or other regulation and does not practice or attempt 
to practice chiropractic. 
     Subd. 2.  [EXCEPTIONS.] The following persons shall not be 
in violation of subdivision 1: 
     (1) a student practicing under the direct supervision of a 
preceptor while the student is enrolled in and regularly 
attending a recognized chiropractic college; and 
    (2) a student who is in continuing training and performing 
the duties of an intern or resident or engaged in postgraduate 
work considered by the board to be the equivalent of an 
internship or residency in any institution approved for training 
by the board. 
    Sec. 11.  [148.106] [PEER REVIEW OF SERVICES AND FEES.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
term: 
    (a) "Accepted standards" for peer review of a licensed 
chiropractor means those standards of care, skill, and treatment 
which are recognized by a reasonably prudent similar health care 
provider as being acceptable under similar conditions and 
circumstances.  
    (b) "Appropriate chiropractic treatment" means a 
determination made of treatment and other services performed, 
which by virtue of a substantiated and properly diagnosed 
condition, appears to be of a type consistent with that 
diagnosis as reviewed by the peer review committee. 
     (c) "Unconscionable fees" means charges submitted for 
services performed that are unnecessary or unreasonable charges 
in the judgment of the peer review committee.  In determining 
the unconscionability of costs, the committee may consider, 
among other appropriate factors, charges by health care 
providers other than chiropractors for the same or similar 
services. 
     (d) "Bill for treatment" means all services provided to a 
consumer, regardless of the monetary consideration paid to the 
health care provider. 
    (e) "Patient" means an individual who receives chiropractic 
treatment from a chiropractor.  
    (f) "Peer review" means an evaluation, based on accepted 
standards, by a peer review committee of the appropriateness, 
quality, utilization, and cost of health care and health 
services provided to a patient.  
    (g) "Peer review committee" means a committee of seven 
individuals, five of whom are chiropractors licensed under this 
chapter, two of whom are consumers, and none of whom is in a 
direct business relationship with the provider, insurer, or 
patient whose case is being reviewed.  The committee shall be 
appointed by the executive director of the board or provided for 
by a contractual arrangement with the board, and may consist of 
different individuals for review of different cases.  
    (h) "Properly utilized services" means appropriate 
treatment services rendered, including frequency and duration, 
which are substantiated as being necessary and reasonable by 
clinical records and reports of the provider or any other facts 
or evidence pertinent to the controversy as reviewed by the peer 
review committee. 
    Subd. 2.  [PURPOSE.] The board shall review directly or by 
contract information relating to certain chiropractic providers 
for the purposes identified in section 145.61. 
    It is the intention of the legislature that the peer review 
system and activities established under this chapter, including 
the board and the peer review committee and their officers, 
members, employees and agents, shall be exempt from challenge 
under federal or state antitrust laws or other similar laws in 
regulation of trade or commerce. 
    Subd. 3.  [DUTIES.] The peer review committee shall advise 
the board as to its findings under subdivision 2.  The peer 
review committee may hear, without qualification or threshold, 
any submission regarding the appropriateness, quality, or 
utilization of chiropractic services.  The board may establish 
additional criteria for screening requests for peer review.  The 
screening shall occur upon submission by a patient, the 
patient's representative, insurer, or chiropractor of an inquiry 
about a bill for treatment rendered to a patient by a health 
care provider.  
    Subd. 4.  [FEES FOR REVIEW.] Any third party provider or 
chiropractor making a peer review request may be charged a fee 
to assist in defraying the administrative costs of performing 
the review.  
    Subd. 5.  [CONDUCT OF REVIEW.] Peer review occurs upon 
submission by a patient, the patient's representative, insurer, 
or chiropractor, in accordance with the procedures approved by 
the board, of an inquiry about a bill for treatment rendered to 
a patient by a chiropractor.  The peer review committee shall 
examine each inquiry submitted to it and shall report its 
findings to the executive director of the board and furnish 
copies of the findings to the patient, chiropractor, and 
third-party payor.  The findings of the peer review committee on 
each inquiry reviewed shall include a determination of whether 
or not the chiropractor properly utilized services and rendered 
or ordered appropriate treatment or services and whether or not 
the cost of the treatment was unconscionable.  
    Subd. 6.  [ANNUAL REPORT.] An annual summary of the 
findings of the peer review committee shall be prepared by the 
committee and submitted to the board.  The report may be made 
available to interested persons upon request and upon payment of 
necessary administrative costs to defray the expenses of 
reproduction.  No report or summary submitted to the public by 
the board may disclose the name or identifier of any patient 
without the patient's consent.  
    Subd. 7.  [TREATMENT RECORDS.] The acceptance of, or the 
request for, payment for treatment rendered to a patient by a 
doctor of chiropractic constitutes the consent of the doctor of 
chiropractic to the submission of all necessary records and 
other information concerning the treatment to the peer review 
committee.  
    Subd. 8.  [RULES.] (a) The board may adopt rules it 
considers necessary and appropriate to implement the peer review 
system and activities established under this chapter. 
    (b) The decision by the board to refer the matter to a peer 
review committee, the establishment by the board of the 
procedures by which a peer review committee reviews the 
rendering of health care services, and the proceedings and 
findings of a peer review committee are not subject to the 
rulemaking provisions of chapter 14.  
    Subd. 9.  [APPLICATION OF OTHER LAW.] (a) The provisions of 
Minnesota Statutes, section 145.62, apply to any person, firm, 
corporation, or other entity providing information to the board 
or the peer review committee.  
    (b) The provisions of Minnesota Statutes, section 145.63, 
apply to an officer, member, employee, or agent of the board and 
to an officer, member, employee, or agent of an entity with 
which the board has contracted under this section.  
    Subd. 10.  [CONFIDENTIALITY OF PEER REVIEW RECORDS.] All 
data and information acquired by the board or the peer review 
committee, in the exercise of its duties and functions, shall be 
subject to the same disclosure and confidentiality protections 
as provided for data and information of other review 
organizations under section 145.64.  This subdivision does not 
limit or restrict the board or the peer review committee from 
fully performing their prescribed peer review duties and 
functions, nor does it apply to disciplinary and enforcement 
proceedings under Minnesota Statutes, sections 14.57 to 14.62, 
148.10, 148.105, 214.10, and 214.11.  The peer review committee 
shall file with the board a complaint against a health care 
provider if it determines that reasonable cause exists to 
believe the health care provider has violated any portion of 
this chapter or rules adopted under it, for which a licensed 
chiropractor may be disciplined.  The peer review committee 
shall transmit all complaint information it possesses to the 
board.  The data, information, and records are classified as 
private data on individuals for purposes of chapter 13.  The 
patient records obtained by the board pursuant to this section 
must be used solely for the purposes of the board relating to 
peer review or the disciplinary process. 
    Sec. 12.  Minnesota Statutes 1986, section 319A.02, 
subdivision 2, is amended to read: 
    Subd. 2.  "Professional service" means personal service 
rendered by a professional pursuant to a license or certificate 
issued by the state of Minnesota to practice medicine and 
surgery pursuant to sections 147.01 to 147.29, chiropractic 
pursuant to sections 148.01 to 148.101 148.105, nursing pursuant 
to sections 148.171 to 148.285, optometry pursuant to sections 
148.52 to 148.62, psychology pursuant to sections 148.88 to 
148.98, dentistry pursuant to sections 150A.01 to 150A.12, 
pharmacy pursuant to sections 151.01 to 151.40, podiatry 
pursuant to sections 153.01 to 153.15, veterinary medicine 
pursuant to sections 156.001 to 156.14, architecture, 
engineering, surveying and landscape architecture pursuant to 
sections 326.02 to 326.15, accountancy pursuant to sections 
326.17 to 326.23, or law pursuant to sections 481.01 to 481.17, 
or pursuant to a license or certificate issued by another state 
pursuant to similar laws.  
    Sec. 13.  [APPROPRIATION.] 
    The sum of $44,000 is appropriated from the special revenue 
fund to the state board of chiropractic examiners for the 
purposes of funding the peer review committee. 
    Fees assessed shall be adjusted to provide for this 
appropriation. 
    The appropriation is available until June 30, 1989. 
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1986, section 148.101, is repealed. 
     Sec. 15.  [EFFECTIVE DATE.] 
    Sections 1 to 12 and 14 are effective the day following 
final enactment. 
    Approved June 1, 1987