Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 309-S.F.No. 2378 
                  An act relating to business organizations; defining 
                  the terms "professional" and "professional services" 
                  as they relate to professional corporations and 
                  professional firms; regulating professional health 
                  services; amending Minnesota Statutes 1996, section 
                  319A.02, subdivisions 2, 3, and by adding a 
                  subdivision; Minnesota Statutes 1997 Supplement, 
                  sections 319A.02, subdivision 2a; 319B.02, 
                  subdivisions 17, 19, and by adding a subdivision; and 
                  319B.40. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 319A.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  "Professional service" means personal service 
        required or permitted to be rendered by a professional pursuant 
        to a license, registration, or certificate issued by the state 
        of Minnesota to practice medicine and surgery pursuant to 
        sections 147.01 to 147.22, as a physician assistant pursuant to 
        sections 147A.01 to 147A.27, chiropractic pursuant to sections 
        148.01 to 148.105, 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, podiatric medicine 
        pursuant to Laws 1987, chapter 108, sections 1 to 16, veterinary 
        medicine pursuant to sections 156.001 to 156.14, architecture, 
        engineering, surveying, landscape architecture, geoscience, and 
        certified interior design pursuant to sections 326.02 to 326.15, 
        accountancy pursuant to sections 326.17 to 326.229, 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.  Professional service includes personal service rendered 
        by a professional pursuant to a license or other authority to 
        practice law under the laws of a foreign nation. 
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 
        319A.02, subdivision 2a, is amended to read: 
           Subd. 2a.  [PROFESSIONAL HEALTH SERVICE.] (a) Individuals 
        who furnish professional services pursuant to a license, 
        registration, or certificate issued by the state of Minnesota to 
        practice medicine pursuant to sections 147.01 to 147.22, as a 
        physician assistant pursuant to sections 147A.01 to 147A.27, 
        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, registered, or certified, 
        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. 3.  Minnesota Statutes 1996, section 319A.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  "Professional" means a natural person who is 
        licensed by the laws of the state of Minnesota or similar laws 
        of another state to render professional service. 
           Professional includes a natural person who is licensed or 
        otherwise authorized to practice law under the laws of a foreign 
        nation. 
           Sec. 4.  Minnesota Statutes 1996, section 319A.02, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [LICENSE.] (a) "License" includes any license, 
        certificate, registration, or other authority referred to in 
        subdivision 2 or 3. 
           (b) This subdivision expires on December 31, 1998. 
           Sec. 5.  Minnesota Statutes 1997 Supplement, section 
        319B.02, is amended by adding a subdivision to read: 
           Subd. 9a.  [LICENSE.] "License" includes any license, 
        certificate, registration, or other authority referred to in 
        subdivision 17 or 19. 
           Sec. 6.  Minnesota Statutes 1997 Supplement, section 
        319B.02, subdivision 17, is amended to read: 
           Subd. 17.  [PROFESSIONAL.] "Professional" means a natural 
        person who is licensed by the laws of the state of Minnesota or 
        similar laws of another state to furnish one or more of the 
        categories of professional services listed in subdivision 
        19.  Professional includes a natural person who is licensed or 
        otherwise authorized to practice law under the laws of a foreign 
        nation. 
           Sec. 7.  Minnesota Statutes 1997 Supplement, section 
        319B.02, subdivision 19, is amended to read: 
           Subd. 19.  [PROFESSIONAL SERVICES.] "Professional services" 
        means services of the type required or permitted to be furnished 
        by a professional under a license, registration, or certificate 
        issued by the state of Minnesota to practice medicine and 
        surgery under sections 147.01 to 147.22, as a physician 
        assistant pursuant to sections 147A.01 to 147A.27, chiropractic 
        under sections 148.01 to 148.105, registered nursing under 
        sections 148.171 to 148.285, optometry under sections 148.52 to 
        148.62, psychology under sections 148.88 to 148.98, dentistry 
        and dental hygiene under sections 150A.01 to 150A.12, pharmacy 
        under sections 151.01 to 151.40, podiatric medicine under 
        sections 153.01 to 153.25, veterinary medicine under sections 
        156.001 to 156.14, architecture, engineering, surveying, 
        landscape architecture, geoscience, and certified interior 
        design under sections 326.02 to 326.15, accountancy under 
        sections 326.17 to 326.229, or law under sections 481.01 to 
        481.17, or under a license or certificate issued by another 
        state under similar laws.  Professional services includes 
        services of the type required to be furnished by a professional 
        pursuant to a license or other authority to practice law under 
        the laws of a foreign nation. 
           Sec. 8.  Minnesota Statutes 1997 Supplement, section 
        319B.40, is amended to read: 
           319B.40 [PROFESSIONAL HEALTH SERVICES.] 
           (a) Individuals who furnish professional services pursuant 
        to a license, registration, or certificate issued by the state 
        of Minnesota to practice medicine pursuant to sections 147.01 to 
        147.22, as a physician assistant pursuant to sections 147A.01 to 
        147A.27, 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, registered, or certified, 
        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. 9.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:45 a.m.