Minnesota Session Laws - 2008, Regular Session

CHAPTER 214--S.F.No. 2765

An act

relating to insurance; regulating auto insurance; regulating certain claims practices;

amending Minnesota Statutes 2006, section 65B.54, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 65B.54, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Unethical practices. new text end

new text begin (a) A licensed health care provider shall not initiate direct contact, in person, over the telephone, or by other electronic means, with any person who has suffered an injury arising out of the maintenance or use of an automobile, for the purpose of influencing that person to receive treatment or to purchase any good or item from the licensee or anyone associated with the licensee. This subdivision prohibits such direct contact whether initiated by the licensee individually or on behalf of the licensee by any employee, independent contractor, agent, or third party. This subdivision does not apply when an injured person voluntarily initiates contact with a licensee. new text end

new text begin (b) This subdivision does not prohibit licensees, or persons acting on their behalf, from mailing advertising literature directly to such persons, so long as: new text end

new text begin (1) the word "ADVERTISEMENT" appears clearly and conspicuously at the beginning of the written materials; new text end

new text begin (2) the name of the individual licensee appears clearly and conspicuously within the written materials; new text end

new text begin (3) the licensee is clearly identified as a licensed health care provider within the written materials; and new text end

new text begin (4) the licensee does not initiate, individually or through any employee, independent contractor, agent, or third party, direct contact with the person after the written materials are sent. new text end

new text begin (c) This subdivision does not apply to: new text end

new text begin (1) advertising that does not involve direct contact with specific prospective patients, in public media such as telephone directories, professional directories, ads in newspapers and other periodicals, radio or television ads, Web sites, billboards, or similar media; new text end

new text begin (2) general marketing practices such as giving lectures; participating in special events, trade shows, or meetings of organizations; or making presentations relative to the benefits of chiropractic treatment; new text end

new text begin (3) contact with friends or relatives, or statements made in a social setting; new text end

new text begin (4) direct contact initiated by an ambulance service licensed under chapter 144E, a medical response unit registered under section 144E.275, or by the emergency department of a hospital licensed under chapter 144, for the purpose of rendering emergency care; or new text end

new text begin (5) a situation in which the injured person: new text end

new text begin (i) had a prior professional relationship with the licensee; new text end

new text begin (ii) has selected that licensee as the licensee from whom the injured person receives health care; or new text end

new text begin (iii) has received treatment related to the accident from the licensee. new text end

new text begin (d) A violation of this subdivision is grounds for the licensing authority to take disciplinary action against the licensee, including revocation in appropriate cases. new text end

Presented to the governor April 21, 2008

Signed by the governor April 24, 2008, 2:59 p.m.