Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 54-H.F.No. 1660 
                  An act relating to health occupations; exempting 
                  persons employed by a nonprofit organization 
                  performing duties that are incidental to research from 
                  the unlawful practice of medicine; amending Minnesota 
                  Statutes 1998, section 147.09. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 147.09, is 
        amended to read: 
           147.09 [EXEMPTIONS.] 
           Section 147.081 does not apply to, control, prevent or 
        restrict the practice, service, or activities of:  
           (1) A person who is a commissioned medical officer of, a 
        member of, or employed by, the armed forces of the United 
        States, the United States Public Health Service, the Veterans 
        Administration, any federal institution or any federal agency 
        while engaged in the performance of official duties within this 
        state, if the person is licensed elsewhere.  
           (2) A licensed physician from a state or country who is in 
        actual consultation here.  
           (3) A licensed or registered physician who treats the 
        physician's home state patients or other participating patients 
        while the physicians and those patients are participating 
        together in outdoor recreation in this state as defined by 
        section 86A.03, subdivision 3.  A physician shall first register 
        with the board on a form developed by the board for that 
        purpose.  The board shall not be required to promulgate the 
        contents of that form by rule.  No fee shall be charged for this 
        registration.  
           (4) A student practicing under the direct supervision of a 
        preceptor while the student is enrolled in and regularly 
        attending a recognized medical school.  
           (5) 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 hospital or institution approved 
        for training by the board, provided the student has a residency 
        permit issued by the board under section 147.0391. 
           (6) A person employed in a scientific, sanitary, or 
        teaching capacity by the state university, the department of 
        children, families, and learning, or by any public or private 
        school, college, or other bona fide educational institution, a 
        nonprofit organization, which has tax-exempt status in 
        accordance with the Internal Revenue Code, section 501(c)(3), 
        and is organized and operated primarily for the purpose of 
        conducting scientific research directed towards discovering the 
        causes of and cures for human diseases, or the state department 
        of health, whose duties are entirely of a research, public 
        health, or educational character, while engaged in such duties; 
        provided that if the research includes the study of humans, such 
        research shall be conducted under the supervision of one or more 
        physicians licensed under this chapter. 
           (7) Physician's assistants registered in this state.  
           (8) A doctor of osteopathy duly licensed by the state board 
        of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
        148.16, prior to May 1, 1963, who has not been granted a license 
        to practice medicine in accordance with this chapter provided 
        that the doctor confines activities within the scope of the 
        license. 
           (9) Any person licensed by a health related licensing 
        board, as defined in section 214.01, subdivision 2, or 
        registered by the commissioner of health pursuant to section 
        214.13, including psychological practitioners with respect to 
        the use of hypnosis; provided that the person confines 
        activities within the scope of the license.  
           (10) A person who practices ritual circumcision pursuant to 
        the requirements or tenets of any established religion. 
           (11) A Christian Scientist or other person who endeavors to 
        prevent or cure disease or suffering exclusively by mental or 
        spiritual means or by prayer. 
           (12) A physician licensed to practice medicine in another 
        state who is in this state for the sole purpose of providing 
        medical services at a competitive athletic event.  The physician 
        may practice medicine only on participants in the athletic 
        event.  A physician shall first register with the board on a 
        form developed by the board for that purpose.  The board shall 
        not be required to adopt the contents of the form by rule.  The 
        physician shall provide evidence satisfactory to the board of a 
        current unrestricted license in another state.  The board shall 
        charge a fee of $50 for the registration.  
           (13) A psychologist licensed under section 148.907 or a 
        social worker licensed under section 148B.21 who uses or 
        supervises the use of a penile or vaginal plethysmograph in 
        assessing and treating individuals suspected of engaging in 
        aberrant sexual behavior and sex offenders. 
           (14) Any person issued a training course certificate or 
        credentialed by the emergency medical services regulatory board 
        established in chapter 144E, provided the person confines 
        activities within the scope of training at the certified or 
        credentialed level. 
           Presented to the governor April 12, 1999 
           Signed by the governor April 15, 1999, 10:47 a.m.