Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 76-H.F.No. 1075 
                  An act relating to health; regulating the practice of 
                  certain professional health services; amending 
                  Minnesota Statutes 1996, section 319A.02, by adding a 
                  subdivision; Laws 1997, chapter 22, section 6, 
                  subdivision 1; proposing coding for new law as 
                  Minnesota Statutes, chapter 319B. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 319A.02, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [PROFESSIONAL HEALTH SERVICE.] (a) Individuals 
        who furnish professional services pursuant to a license or 
        certificate issued by the state of Minnesota to practice 
        medicine pursuant to sections 147.01 to 147.22, chiropractic 
        pursuant to sections 148.01 to 148.106, registered 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, or 
        podiatric medicine pursuant to sections 153.01 to 153.26 are 
        specifically authorized to practice any of these categories of 
        services in combination if the individuals are organized under 
        this chapter. 
           (b) This authorization does not authorize an individual to 
        practice any profession, or furnish a professional service, for 
        which the individual is not licensed, but otherwise applies 
        regardless of any contrary provision of a licensing statute or 
        rules adopted pursuant to that statute, related to practicing 
        and organizing in combination with other health services 
        professionals. 
           (c) A professional corporation may not adopt, implement, or 
        follow a policy, procedure, or practice that would give a board 
        grounds for disciplinary action against a professional who 
        follows, agrees to, or acquiesces in the policy, procedure, or 
        practice. 
           (d) This subdivision expires on December 31, 1998. 
           Sec. 2.  [319B.40] [PROFESSIONAL HEALTH SERVICES.] 
           (a) Individuals who furnish professional services pursuant 
        to a license or certificate issued by the state of Minnesota to 
        practice medicine pursuant to sections 147.01 to 147.22, 
        chiropractic pursuant to sections 148.01 to 148.106, registered 
        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, or podiatric medicine pursuant to sections 153.01 to 
        153.26 are specifically authorized to practice any of these 
        categories of services in combination if the individuals are 
        organized under this chapter. 
           (b) This authorization does not authorize an individual to 
        practice any profession, or furnish a professional service, for 
        which the individual is not licensed, but otherwise applies 
        regardless of any contrary provision of a licensing statute or 
        rules adopted pursuant to that statute, related to practicing 
        and organizing in combination with other health services 
        professionals. 
           Sec. 3.  Laws 1997, chapter 22, section 6, subdivision 1, 
        is amended to read: 
           Subdivision 1.  [CATEGORIES OF SERVICE.] (a) A professional 
        firm may provide professional services within Minnesota in one 
        of the categories listed in section 319B.02, subdivision 19, if: 
           (1) the professional firm's election under section 319B.03, 
        subdivision 2, or 319B.04, subdivision 2, specifies that 
        category; and 
           (2) each of the professional firm's owners meet the 
        requirements of section 319B.07 with regard to that category. 
           (b) A professional firm may provide professional services 
        within Minnesota in more than one of the categories listed in 
        section 319B.02, subdivision 19, if:  
           (1) the professional firm's election under section 319B.03, 
        subdivision 2, or 319B.04, subdivision 2, specifies those 
        categories; 
           (2) each of the professional firm's owners meet the 
        requirements of section 319B.07 with regard to at least one of 
        those categories; and 
           (3) section 319B.40, the relevant licensing statutes, as 
        listed in section 319B.02, subdivision 19, or rules in effect 
        under those licensing statutes, specifically authorize those 
        categories of services to be practiced in combination. 
           (c) A professional firm may exercise any powers accorded it 
        by its generally applicable governing law, so long as the 
        professional firm exercises those powers solely to provide the 
        pertinent professional services or to accomplish tasks ancillary 
        to providing those services. 
           (d) A professional firm may not conduct any other business 
        or provide any other services beyond those authorized in this 
        subdivision, either within or outside of Minnesota. 
           (e) A professional firm may not adopt, implement, or follow 
        a policy, procedure, or practice that would give a board grounds 
        for disciplinary action against a professional who follows, 
        agrees to, or acquiesces in the policy, procedure, or practice. 
           Presented to the governor April 29, 1997 
           Signed by the governor May 1, 1997, 4:04 p.m.