Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 642-H.F.No. 2269 
           An act relating to health; providing equal access to 
          chiropractic services; providing for the licensure of 
          doctors of chiropractic; permitting a return of 
          premium benefit in certain cases; requiring coverage 
          for routine screening procedures for cancer in certain 
          cases; amending Minnesota Statutes 1986, sections 
          62A.04, by adding a subdivision; 62A.15, subdivisions 
          1, 2, and 4; Minnesota Statutes 1987 Supplement, 
          sections 148.06, subdivision 1; and 169.345, 
          subdivisions 2a and 3; proposing coding for new law in 
          Minnesota Statutes, chapter 62A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 62A.04, is 
amended by adding a subdivision to read: 
    Subd. 10.  [RETURN OF PREMIUM.] A policy of accident and 
sickness insurance as defined in section 62A.01 may contain or 
may be amended by rider to provide for a return of premium 
benefit so long as: 
    (1) the return of premium benefit is not applicable until 
the policy has been in force for five years; 
    (2) the return of premium benefit is not reduced by an 
amount greater than the aggregate of any claims paid under the 
policy; 
    (3) the return of premium benefit is not included in or 
used with a policy with benefits that are reduced based on an 
insured's age; 
    (4) the return of premium benefit is not payable in lieu of 
benefits at the option of the insurer; 
    (5) the insurer demonstrates that the reserve basis for 
such benefit is adequate; and 
    (6) the cost of the benefit is disclosed to the insured and 
the insured is given the option of the coverage. 
    Sec. 2.  Minnesota Statutes 1986, section 62A.15, 
subdivision 1, is amended to read:  
    Subdivision 1.  [APPLICABILITY.] The provisions of this 
section apply to all group policies or subscriber contracts 
providing payment for care in this state, which are issued or 
renewed after August 1, 1973 for chiropractic services, after 
August 1, 1976, for optometric services, and which are issued or 
renewed after the effective date of this section for services of 
a registered nurse meeting the requirements of subdivision 3a, 
by accident and health insurance companies regulated under this 
chapter and nonprofit health service plan corporations regulated 
under chapter 62C. 
    Sec. 3.  Minnesota Statutes 1986, section 62A.15, 
subdivision 2, is amended to read:  
    Subd. 2.  [CHIROPRACTIC SERVICES.] All benefits provided by 
any policy or contract referred to in subdivision 1, relating to 
expenses incurred for medical treatment or services of a 
physician must also include chiropractic treatment and services 
of a chiropractor to the extent that the chiropractic services 
and treatment are within the scope of chiropractic licensure. 
    This subdivision is intended to provide equal access to 
benefits for insureds and subscribers who choose to obtain 
treatment for illness or injury from a doctor of chiropractic, 
as long as the treatment falls within the chiropractor's scope 
of practice.  This subdivision is not intended to change or add 
to the benefits provided for in these policies or contracts. 
    Sec. 4.  Minnesota Statutes 1986, section 62A.15, 
subdivision 4, is amended to read:  
    Subd. 4.  [DENIAL OF BENEFITS.] (a) No carrier referred to 
in subdivision 1 may, in the payment of claims to employees in 
this state, deny benefits payable for services covered by the 
policy or contract if the services are lawfully performed by a 
licensed chiropractor, licensed optometrist, or a registered 
nurse meeting the requirements of subdivision 3a. 
    (b) When carriers referred to in subdivision 1 make claim 
determinations concerning the appropriateness, quality, or 
utilization of chiropractic health care for Minnesotans, any of 
these determinations that are made by health care professionals 
must be made by, or under the direction of, or subject to the 
review of doctors of chiropractic licensed under the provisions 
of sections 148.01 to 148.104. 
    Sec. 5.  [62A.30] [COVERAGE FOR DIAGNOSTIC PROCEDURES FOR 
CANCER.] 
    Subdivision 1.  [SCOPE OF COVERAGE.] This section applies 
to all policies of accident and health insurance, health 
maintenance contracts regulated under chapter 62D, health 
benefit certificates offered through a fraternal beneficiary 
association regulated under chapter 64B, and group subscriber 
contracts offered by nonprofit health service plan corporations 
regulated under chapter 62C, but does not apply to policies 
designed primarily to provide coverage payable on a per diem, 
fixed indemnity or nonexpense incurred basis, or policies that 
provide only accident coverage. 
    Subd. 2.  [REQUIRED COVERAGE.] Every policy, plan, 
certificate, or contract referred to in subdivision 1 issued or 
renewed after August 1, 1988, that provides coverage to a 
Minnesota resident must provide coverage for routine screening 
procedures for cancer, including mammograms and pap smears, when 
ordered or provided by a physician in accordance with the 
standard practice of medicine. 
    Sec. 6.  Minnesota Statutes 1987 Supplement, 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 as 
of January 1, 1988.  The board may issue licenses to practice 
chiropractic without compliance with prechiropractic or academic 
requirements listed above if in the opinion of the board the 
applicant has the qualifications equivalent to those required of 
other applicants, the applicant satisfactorily passes written 
and practical examinations as required by the board of 
chiropractic examiners, and the applicant is a graduate of a 
college of chiropractic with a reciprocal recognition agreement 
with the council on chiropractic education as of January 1, 
1988.  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, 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 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. 7.  Minnesota Statutes 1987 Supplement, section 
169.345, subdivision 2a, is amended to read:  
    Subd. 2a.  [PHYSICIAN'S OR CHIROPRACTOR'S STATEMENT.] The 
commissioner shall develop a form for the physician's or 
chiropractor's statement.  The statement must be signed by a 
licensed physician or chiropractor who certifies that the 
applicant is a physically handicapped person as defined in 
subdivision 2.  The commissioner may request additional 
information from the physician or chiropractor if needed to 
verify the applicant's eligibility.  The physician's statement 
that the applicant is a physically handicapped person must 
specify whether the disability is permanent or temporary, and if 
temporary, the opinion of the physician or chiropractor as to 
the duration of the disability.  A physician or chiropractor who 
fraudulently certifies to the commissioner that a person is a 
physically handicapped person as defined in subdivision 2, and 
that the person is entitled to the license plates authorized by 
section 168.021 or to the certificate authorized by this 
section, is guilty of a misdemeanor and is subject to a fine of 
$500. 
    Sec. 8.  Minnesota Statutes 1987 Supplement, section 
169.345, subdivision 3, is amended to read:  
    Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The division of 
driver and vehicle services in the department of public safety 
shall issue a special identifying certificate for a motor 
vehicle when a physically handicapped applicant submits a 
physician's statement of a physician or chiropractor.  The 
commissioner shall design separate certificates for persons with 
permanent and temporary disabilities that can be readily 
distinguished from each other from outside a vehicle at a 
distance of 25 feet.  The certificate is valid for the duration 
of the person's disability, as specified in the physician's or 
chiropractor's statement, up to a maximum of six years.  A 
person with a disability of longer duration will be required to 
renew the certificate for additional periods of time, up to six 
years each, as specified in the physician's or chiropractor's 
statement. 
    (b) When the commissioner is satisfied that a motor vehicle 
is used primarily for the purpose of transporting physically 
handicapped persons, the division may issue without charge a 
special identifying certificate for the vehicle.  The operator 
of a vehicle displaying the certificate has the parking 
privileges provided in subdivision 1 while the vehicle is in use 
for transporting physically handicapped persons.  The 
certificate issued to a person transporting physically 
handicapped persons must be renewed every third year.  On 
application and renewal, the person must present evidence that 
the vehicle continues to be used for transporting physically 
handicapped persons. 
    (c) A certificate must be made of plastic or similar 
durable material, must be distinct from certificates issued 
before January 1, 1988, and must bear its expiration date 
prominently on its face.  A certificate issued to a temporarily 
disabled person must display the date of expiration of the 
duration of the disability, as determined under paragraph (a).  
Each certificate must have printed on the back a summary of the 
parking privileges and restrictions that apply to each vehicle 
in which it is used.  The commissioner may charge a fee of $5 
for issuance or renewal of a certificate, and a fee of $5 for a 
duplicate to replace a lost, stolen, or damaged certificate. 
    Approved April 26, 1988