1.1 	A bill for an act
1.2 	relating to health; providing for licensing of naturopathic doctors; providing 
1.3 	criminal penalties; amending Minnesota Statutes 2004, sections 116J.70, 
1.4 	subdivision 2a; 145.61, subdivision 2; 146.23, subdivision 7; 151.01, subdivision 
1.5 	23; 214.23, subdivision 1; 604A.01, subdivision 2; 604A.015; Minnesota 
1.6 	Statutes 2005 Supplement, sections 144.335, subdivision 1; 148B.60, subdivision 
1.7 	3; proposing coding for new law as Minnesota Statutes, chapter 147E.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	ARTICLE 1
1.10 	 GENERAL

1.11 	Section 1. [147E.01] DEFINITIONS.
1.12 		Subdivision 1.Applicability. The definitions in this section apply to this chapter.
1.13 		Subd. 2.Advisory council. "Advisory council" means the Licensed Naturopathic 
1.14 	Doctor Advisory Council established under section 147E.35.
1.15 		Subd. 3.Approved naturopathic medical program. "Approved naturopathic 
1.16 	medical program" means a naturopathic medical education program in the United States 
1.17 	or Canada accredited by the Council on Naturopathic Medical Education or an equivalent 
1.18 	federally recognized accrediting body for the naturopathic medical profession recognized 
1.19 	by the board.  This program must offer graduate-level full-time didactic and supervised 
1.20 	clinical training leading to the degree of Doctor of Naturopathy or Doctor of Naturopathic 
1.21 	Medicine. The program must be an institution, or part of an institution, of higher education 
1.22 	that at the time the student completes the program is:
1.23 	(1) either accredited or is a candidate for accreditation by a regional institution 
1.24 	accrediting agency recognized by the United States Secretary of Education; or 
2.1 	(2) a degree granting college or university that offers a full-time structured 
2.2 	curriculum in basic sciences and supervised patient care comprising a doctoral 
2.3 	naturopathic medical education that is at least 132 weeks in duration, must be completed 
2.4 	in at least 35 months, and is reputable and in good standing in the judgment of the board.
2.5 		Subd. 4.Board. "Board" means the Board of Medical Practice or its designee.
2.6 		Subd. 5.Contact hour. "Contact hour" means an instructional session of 50 
2.7 	consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and 
2.8 	social activities.
2.9 		Subd. 6.Homeopathic preparations. "Homeopathic preparations" means 
2.10 	medicines prepared according to the Homeopathic Pharmacopoeia of the United States.
2.11 		Subd. 7.Licensed naturopathic doctor. "Licensed naturopathic doctor" means a 
2.12 	person authorized and licensed to practice naturopathic medicine under this chapter.
2.13 		Subd. 8.Minor office procedures. "Minor office procedures" means the use 
2.14 	of operative, electrical, or other methods for the surgical repair and care incidental to 
2.15 	superficial lacerations and abrasions, superficial lesions, and the removal of foreign 
2.16 	bodies located in the superficial tissues and the use of antiseptics and local anesthetics 
2.17 	in connection with such methods, except that it shall not include general or spinal 
2.18 	anesthetics, major surgery, surgery of the body cavities, or specialized surgeries such as 
2.19 	plastic surgery, surgery involving the eye, or surgery when tendons are involved.
2.20 		Subd. 9.Naturopathic childbirth. "Naturopathic childbirth" means natural 
2.21 	childbirth which includes the use of natural obstetrical medicines, ophthalmic antibiotics, 
2.22 	obstetrical emergency medicines, and minor office procedures including episiotomies and 
2.23 	repair of first and second degree perineal tears, but which does not include the use of 
2.24 	forceps delivery, general or spinal anesthesia, or cesarean section.
2.25 		Subd. 10.Naturopathic licensing examination. "Naturopathic licensing 
2.26 	examination" means the Naturopathic Physicians Licensing Examination or its successor 
2.27 	administered by the North American Board of Naturopathic Examiners or its successor as 
2.28 	recognized by the board.
2.29 		Subd. 11.Naturopathic medicine. "Naturopathic medicine" means a system 
2.30 	of primary health care practiced by licensed naturopathic doctors for the prevention, 
2.31 	diagnosis, and treatment of human health conditions, injuries, and diseases that uses:
2.32 	(1) medical diagnostics and treatments as described in section 147E.05; and 
2.33 	(2) natural health procedures and treatments that do not require licensure as defined 
2.34 	in chapter 146A.
2.35 		Subd. 12.Naturopathic physical medicine. "Naturopathic physical medicine" 
2.36 	includes, but is not limited to, the therapeutic use of the physical agents of air, water, 
3.1 	heat, cold, sound, light, and electromagnetic nonionizing radiation and the physical 
3.2 	modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, 
3.3 	massage, stretching, colon hydrotherapy, frequency specific microcurrent, electrical 
3.4 	muscle stimulation, transcutaneous electrical nerve stimulation, and therapeutic exercise.

3.5 	Sec. 2. [147E.05] SCOPE OF PRACTICE.
3.6 	(a) The practice of naturopathic medicine by a licensed naturopathic doctor includes, 
3.7 	but is not limited to, the following services:
3.8 	(1) using, administering, prescribing, or dispensing for preventive and therapeutic 
3.9 	purposes:  food, extracts of food, nutraceuticals, vitamins, minerals, amino acids, 
3.10 	enzymes, botanicals and their extracts, botanical medicines, herbal remedies, homeopathic 
3.11 	medicines, all dietary supplements and nonprescription drugs as defined by the federal 
3.12 	Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling, 
3.13 	hypnotherapy, biofeedback, dietary therapy, electrotherapy, ultrasound, galvanic therapy, 
3.14 	naturopathic physical medicine, oxygen, therapeutic devices, barrier devices for 
3.15 	contraception, and minor office procedures;
3.16 	(2) performing or ordering for diagnostic purposes physical and orificial 
3.17 	examinations, electrocardiograms, ultrasound, phlebotomy, clinical laboratory tests and 
3.18 	examinations, and physiological function tests;
3.19 	(3) ordering diagnostic imaging studies including x-ray, ultrasound, mammogram, 
3.20 	bone densitometry, and referring the studies to an appropriately licensed health care 
3.21 	professional to conduct the study and interpret the results;
3.22 	(4) prescribing nonprescription medications and therapeutic devices or using 
3.23 	noninvasive diagnostic procedures commonly used by physicians in general practice;
3.24 	(5) utilizing routes of administration that include oral, nasal, auricular, ocular, rectal, 
3.25 	vaginal, transdermal, intradermal, subcutaneous, intravenous, and intramuscular;
3.26 	(6) prescribing or performing naturopathic physical medicine; and 
3.27 	(7) prescribing all legend and schedule III, IV, and V controlled substances.
3.28 	(b) A licensed naturopathic doctor may prescribe any of the following: 
3.29 	(1) hormones, including human growth hormone; thyroid hormones, including 
3.30 	synthetics, armour, T3 and T4; natural estrogens; progesterone; testosterone; 
3.31 	dehydroepiandrosterone (DHEA); pregnenonlone; hydrocortisone; adrenocorticotropic 
3.32 	hormone (ACTH); and oxytocin;
3.33 	(2) prostaglandins; 
3.34 	(3) silver nitrate; 
3.35 	(4) lidocaine; 
4.1 	(5) birth control pills and contraceptive barrier devices; 
4.2 	(6) antibiotics, including penicillins, cephalosporins, macrolides, tetracyclines, 
4.3 	quinolones, nitrofurantoin, clindamycin, trimethoprim, cotrimoxazole, fosfomycin, and 
4.4 	linezolid; 
4.5 	(7) antifungals, including nystatin and azoles;
4.6 	(8) antiparasitics;
4.7 	(9) antidiarrheals; 
4.8 	(10) diuretics; 
4.9 	(11) epinephrine;
4.10 	(12) procaine;
4.11 	(13) medications used to treat diabetes, including insulins, sulfonylureas, 
4.12 	meglitinides, thiazolidinediones, alpha-glucosidase inhibitors, and biguanides;
4.13 	(14) oxygen; 
4.14 	(15) antihistamines; 
4.15 	(16) short-acting beta-2 agonists including albuterol; 
4.16 	(17) mast cell stabilizers including cromolyn sodium; 
4.17 	(18) selective estrogen receptor modifiers; 
4.18 	(19) bisphosphonates; 
4.19 	(20) heavy metal therapies: EDTA, DMPS, and penicillamine;
4.20 	(21) nootropic drugs, including hydergine (ergoloid mesylate), selegiline, piracetam, 
4.21 	and bromocriptine; and 
4.22 	(22) nonhemorrhagic drugs.
4.23 	(c) The practice of naturopathic medicine does not include:
4.24 	(1) administering therapeutic ionizing radiation or radioactive substances;
4.25 	(2) administering general or spinal anesthesia;
4.26 	(3) prescribing, dispensing, or administering schedule II controlled substances, 
4.27 	including chemotherapeutic substances;
4.28 	(4) performing major surgery, plastic surgery, or specialized surgeries; or 
4.29 	(5) performing or inducing abortions.

4.30 	Sec. 3. [147E.06] PROFESSIONAL CONDUCT.
4.31 		Subdivision 1.Informed consent. The licensee shall obtain informed consent from 
4.32 	the patient after advising the patient of the licensee's qualifications including education, 
4.33 	license information, and outline of the scope of practice of licensed naturopathic doctors 
4.34 	in Minnesota.  This information must be supplied to the patient in writing before or at 
4.35 	the time of the initial visit.
5.1 		Subd. 2.Patient records. (a) A licensed naturopathic doctor shall maintain a record 
5.2 	for each patient treated for seven years, including:
5.3 	(1) a copy of the informed consent;
5.4 	(2) evidence of a patient interview concerning the patient's medical history and 
5.5 	current physical condition;
5.6 	(3) evidence of an examination and diagnosis;
5.7 	(4) record of the treatment; and 
5.8 	(5) evidence of evaluation and instructions given to the patient, including 
5.9 	acknowledgment by the patient in writing that, if deemed necessary by the licensed 
5.10 	naturopathic doctor, the patient has been advised to consult with another health care 
5.11 	provider.
5.12 	(b) A licensed naturopathic doctor shall maintain the records of minor patients for 
5.13 	seven years or until the minor's 19th birthday, whichever is longer.
5.14 		Subd. 3.Data practices. Data maintained on a naturopathic patient by a licensee is 
5.15 	subject to section 144.336.
5.16 	Subd. 4.State and municipal public health regulations.A licensed naturopathic 
5.17 	doctor shall comply with all applicable state and municipal requirements regarding 
5.18 	public health.

5.19 	Sec. 4. [147E.10] LICENSURE.
5.20 		Subdivision 1.Licensure required. After July 1, 2006, persons who practice 
5.21 	naturopathic medicine, or represent themselves as practicing naturopathic medicine by use 
5.22 	of a term in subdivision 2, shall conspicuously display the license in the place of practice.
5.23 		Subd. 2.Designation. No individual may use the title "licensed naturopathic 
5.24 	doctor," "naturopathic doctor," "doctor of naturopathic medicine," or use, in connection 
5.25 	with the individual's name, the letters "N.D." and "L.N.D.," or any other titles, words, 
5.26 	letters, abbreviations, or insignia indicating or implying that the individual is eligible for 
5.27 	licensure by the state as a licensed naturopath or a licensed naturopathic doctor unless the 
5.28 	individual has been licensed as a licensed naturopathic doctor according to this chapter.
5.29 		Subd. 3.Other health care practitioners. (a) Nonphysician individuals practicing 
5.30 	in a health care occupation or profession are not restricted in the provision of services 
5.31 	included in section 147E.05, as long as they do not hold themselves out as licensed 
5.32 	naturopathic doctors by or through the use of the titles provided in subdivision 2 in 
5.33 	association with the provision of these services.
5.34 	(b) Nothing in this chapter may be construed to prohibit or to restrict:
6.1 	(1) the practice of a profession by individuals who are licensed, certified, or 
6.2 	registered under other laws of this state and are performing services within their authorized 
6.3 	scope of practice;
6.4 	(2) the practice of naturopathic medicine by an individual licensed in another state 
6.5 	and employed by the government of the United States while the individual is engaged in 
6.6 	the performance of duties prescribed by the laws and regulations of the United States;
6.7 	(3) the practice by a naturopathic physician duly licensed in another state, territory, 
6.8 	or the District of Columbia when incidentally called into this state for consultation with a 
6.9 	Minnesota licensed physician or Minnesota licensed naturopathic doctor;
6.10 	(4) the practice of naturopathic medicine by students enrolled in an approved 
6.11 	naturopathic medical college if the performance of services is according to a course of 
6.12 	instruction or assignments from, and under the supervision of an instructor who is a 
6.13 	licensed physician, osteopath, chiropractor, or naturopathic doctor;
6.14 	(5) an individual rendering aid in an emergency, when no fee or other consideration 
6.15 	for the service is charged, received, expected, or contemplated;
6.16 	(6) an individual administering a remedy to a family member;
6.17 	(7) a person engaged in the sale of vitamins, health foods, dietary supplements, and 
6.18 	other products of nature, the sale of which is not otherwise prohibited under state or 
6.19 	federal law except that this clause does not:
6.20 	(i) allow that person to diagnose any human disease, ailment, injury, infirmity, 
6.21 	deformity, or other condition; or 
6.22 	(ii) prohibit providing truthful and nonmisleading information regarding anything 
6.23 	in this chapter;
6.24 	(8) a person engaged in good faith in the practice of religious tenets of any religious 
6.25 	belief, without the use of prescription drugs; 
6.26 	(9) a person acting in good faith for religious reasons as a matter of conscience or as 
6.27 	a personal belief when obtaining or providing information regarding health care and the 
6.28 	use of any product under clause (7); and
6.29 	(10) persons not licensed by this chapter from the use of individual modalities 
6.30 	which comprise the practice of naturopathic medicine, such as the use of nutritional 
6.31 	supplements, herbs, foods, homeopathic preparations, and physical forces such as heat, 
6.32 	cold, water, touch, and light.
6.33 		Subd. 4.Penalty. A person violating subdivision 2 is guilty of a gross misdemeanor.

6.34 	Sec. 5. [147E.15] LICENSURE REQUIREMENTS.
7.1 		Subdivision 1.General requirements for licensure. To be eligible for licensure, an 
7.2 	applicant, with the exception of those seeking licensure by endorsement or reciprocity 
7.3 	under subdivision 2, must:
7.4 	(1) submit a completed application on forms provided by the board along with all 
7.5 	fees required under section 147E.40 that includes:
7.6 	(i) the applicant's name, Social Security number, home address and telephone 
7.7 	number, and business address and telephone number;
7.8 	(ii) the name and location of the naturopathic medical program the applicant 
7.9 	completed;
7.10 	(iii) a list of degrees received from other educational institutions;
7.11 	(iv) a description of the applicant's professional training beyond the first degree 
7.12 	received;
7.13 	(v) a list of registrations, certifications, and licenses held in other jurisdictions;
7.14 	(vi) a description of any other jurisdiction's refusal to credential the applicant;
7.15 	(vii) a description of all professional disciplinary actions initiated against the 
7.16 	applicant in any jurisdiction; and 
7.17 	(viii) any history of drug or alcohol abuse, and any misdemeanor or felony 
7.18 	conviction;
7.19 	(2) submit a copy of a diploma from an approved naturopathic medical education 
7.20 	program;
7.21 	(3) have successfully passed the Naturopathic Physicians Licensing Examination, 
7.22 	a competency-based national naturopathic licensing examination administered by the 
7.23 	North American Board of Naturopathic Examiners or successor agency as recognized 
7.24 	by the board; passing scores are determined by the Naturopathic Physicians Licensing 
7.25 	Examination;
7.26 	(4) submit additional information as requested by the board, including providing 
7.27 	any additional information necessary to ensure that the applicant is able to practice with 
7.28 	reasonable skill and safety to the public;
7.29 	(5) sign a statement that the information in the application is true and correct to the 
7.30 	best of the applicant's knowledge and belief; and 
7.31 	(6) sign a waiver authorizing the board to obtain access to the applicant's records 
7.32 	in this or any other state in which the applicant has completed an approved naturopathic 
7.33 	medical program or engaged in the practice of naturopathic medicine.
7.34 		Subd. 2.Licensure by endorsement; reciprocity. To be eligible for licensure by 
7.35 	endorsement or reciprocity, the applicant must hold a current naturopathic license in 
8.1 	another state, Canadian province, the District of Columbia, or territory of the United States, 
8.2 	whose standards for licensure are at least equivalent to those of Minnesota, and must:
8.3 	(1) submit the application materials and fees as required by subdivision 1, clauses 
8.4 	(1), (2), and (4) to (6);
8.5 	(2) have successfully passed either:
8.6 	(i) the Naturopathic Physicians Licensing Examination; or 
8.7 	(ii) if prior to 1986, the state or provincial naturopathic board licensing examination 
8.8 	required by that regulating state or province;
8.9 	(3) provide a verified copy from the appropriate government body of a current 
8.10 	license for the practice of naturopathic medicine in another jurisdiction that has initial 
8.11 	licensing requirements equivalent to or higher than the requirements in subdivision 1; and 
8.12 	(4) provide letters of verification from the appropriate government body in each 
8.13 	jurisdiction in which the applicant holds a license.  Each letter must state the applicant's 
8.14 	name, date of birth, license number, date of issuance, a statement regarding disciplinary 
8.15 	actions, if any, taken against the applicant, and the terms under which the license was 
8.16 	issued.
8.17 		Subd. 3.Temporary permit. The board may issue a temporary permit to practice 
8.18 	as a licensed naturopathic doctor to an applicant eligible for licensure under this section 
8.19 	if the application for licensure is complete, all applicable requirements in this section 
8.20 	have been met, and a nonrefundable fee has been paid.  The permit remains valid only 
8.21 	until the meeting of the board at which a decision is made on the licensed naturopathic 
8.22 	doctor's application for licensure.
8.23 		Subd. 4.Licensure expiration. Licenses issued under this chapter expire annually.
8.24 		Subd. 5.Renewal. (a) To be eligible for licensure renewal a licensee must:
8.25 	(1) annually, or as determined by the board, complete a renewal application on a 
8.26 	form provided by the board;
8.27 	(2) submit the renewal fee;
8.28 	(3) provide evidence of a total of 25 hours of continuing education approved by the 
8.29 	board as described in section 147E.25; and 
8.30 	(4) submit any additional information requested by the board to clarify information 
8.31 	presented in the renewal application.  The information must be submitted within 30 days 
8.32 	after the board's request, or the renewal request is nullified.
8.33 		Subd. 6.Change of address. A licensee who changes addresses must inform 
8.34 	the board within 30 days, in writing, of the change of address.  All notices or other 
8.35 	correspondence mailed to or served on a licensee by the board are considered as having 
8.36 	been received by the licensee.
9.1 		Subd. 7.Licensure renewal notice. At least 45 days before the licensure renewal 
9.2 	date, the board shall send out a renewal notice to the last known address of the licensee 
9.3 	on file.  The notice must include a renewal application and a notice of fees required for 
9.4 	renewal or instructions for online renewal.  It must also inform the licensee that licensure 
9.5 	will expire without further action by the board if an application for licensure renewal is 
9.6 	not received before the deadline for renewal.  The licensee's failure to receive this notice 
9.7 	does not relieve the licensee of the obligation to meet the deadline and other requirements 
9.8 	for registration renewal.  Failure to receive this notice is not grounds for challenging 
9.9 	expiration of licensed status.
9.10 		Subd. 8.Renewal deadline. The renewal application and fee must be postmarked 
9.11 	on or before December 31 of the year of renewal.  If the postmark is illegible, the 
9.12 	application is considered timely if received by the third working day after the deadline.
9.13 		Subd. 9.Inactive status and return to active status. (a) A licensee may be placed 
9.14 	in inactive status upon application to the board by the licensee and upon payment of an 
9.15 	inactive status fee.
9.16 	(b) Licensees seeking restoration to active from inactive status must pay the current 
9.17 	renewal fees and all unpaid back inactive fees.  They must meet the criteria for renewal 
9.18 	specified in subdivision 5, including continuing education hours.
9.19 	(c) Licensees whose inactive status period has been five years or longer must 
9.20 	additionally have a period of no less than eight weeks of advisory council-approved 
9.21 	supervision by another licensed naturopathic doctor.
9.22 		Subd. 10.Licensing following lapse of licensed status for two years or less. For 
9.23 	any individual whose licensed status has lapsed for two years or less, to regain licensed 
9.24 	status, the individual must:
9.25 	(1) apply for licensure renewal according to subdivision 5;
9.26 	(2) document compliance with the continuing education requirements of section 
9.27 	147E.25 since the licensee's initial licensure or last renewal; and 
9.28 	(3) submit the fees required under section 147E.40 for the period not licensed, 
9.29 	including the fee for late renewal.
9.30 		Subd. 11.Cancellation due to nonrenewal. The board shall not renew, reissue, 
9.31 	reinstate, or restore a license that has lapsed and has not been renewed within two annual 
9.32 	licensure renewal cycles starting January 2007.  A licensee whose license is canceled 
9.33 	for nonrenewal must obtain a new license by applying for licensure and fulfilling all 
9.34 	requirements then in existence for initial licensure as a licensed naturopathic doctor.
9.35 		Subd. 12.Cancellation of licensure in good standing. (a) A licensee holding an 
9.36 	active license as a licensed naturopathic doctor in the state may, upon approval of the 
10.1 	board, be granted licensure cancellation if the board is not investigating the person as a 
10.2 	result of a complaint or information received or if the board has not begun disciplinary 
10.3 	proceedings against the licensee.  Such action by the board must be reported as a 
10.4 	cancellation of licensure in good standing.
10.5 	(b) A licensee who receives board approval for licensure cancellation is not entitled 
10.6 	to a refund of any licensing fees paid for the licensure year in which cancellation of the 
10.7 	license occurred.
10.8 	(c) To obtain licensure after cancellation, a licensee must obtain a new license by 
10.9 	applying for licensure and fulfilling the requirements then in existence for obtaining initial 
10.10 	licensing as a licensed naturopathic doctor.
10.11 		Subd. 13.Emeritus status of license. A licensee may change the status of the 
10.12 	license to "emeritus" by filing the appropriate forms and paying the onetime fee of $50 to 
10.13 	the board. This status allows the licensee to retain the title of licensed naturopathic doctor 
10.14 	but restricts the licensee from actively seeing patients.
10.15 		Subd. 14.Naturopathic childbirth certification. (a) To be certified in naturopathic 
10.16 	childbirth, a licensed naturopathic doctor shall:
10.17 	(1) pass either the American College of Naturopathic Obstetricians examination in 
10.18 	natural childbirth, or the North American Registry of Midwives examination in midwifery, 
10.19 	according to the standards set by the American College of Naturopathic Obstetricians or 
10.20 	the North American Registry of Midwives for the respective examination;
10.21 	(2) submit written documentation that the doctor has actively managed 50 births, 
10.22 	50 prenatal visits, and 50 postpartum visits, under the direct supervision of a licensed 
10.23 	physician, osteopath, naturopathic doctor, or other practitioner of natural childbirth who is 
10.24 	legally recognized in the state or region in which such person practices;
10.25 	(3) be a member of the American College of Naturopathic Obstetricians or its 
10.26 	successor; and 
10.27 	(4) follow a written plan for licensed naturopathic doctors practicing naturopathic 
10.28 	childbirth containing guidelines by which the licensed naturopathic doctor will refer 
10.29 	patients to a physician and will consult with a physician practicing obstetrical care.  The 
10.30 	licensee shall supply a copy of the written plan upon request to the board.  The plan must 
10.31 	be reviewed on an annual basis by the licensee.
10.32 	(b) The certificate of specialty practice in naturopathic childbirth expires 
10.33 	concurrently with the licensee's naturopathic doctor's license.  The certificate may be 
10.34 	renewed upon submission of the renewal fee and evidence of the completion of 15 
10.35 	hours of continuing education credits in naturopathic childbirth, midwifery, obstetrics, 
11.1 	or neonatal resuscitation, of which eight may be applied toward the general naturopathic 
11.2 	doctor's continuing education requirement.
11.3 	(c) Licensees obtaining specialty certification under this subdivision shall submit a 
11.4 	fee of $25 for specialty certification at each renewal period.
11.5 	(d) Only licensed naturopathic doctors who have completed all requirements in 
11.6 	paragraph (a), and who hold specialty certification in naturopathic childbirth may practice 
11.7 	naturopathic childbirth.
11.8 	(e) Licensed naturopathic doctors practicing naturopathic childbirth may order, 
11.9 	dispense, obtain, and administer the following for birth-related care:  lab work including 
11.10 	blood work and specimens for routine obstetric care, obstetric ultrasound, vitamin K, 
11.11 	prophylactic eye ointment for neonates, antihemorrhagic medicines including pitocin 
11.12 	and methergine, IV fluids, lidocaine for first and second degree lacerations, oxygen, and 
11.13 	intravenous antibiotics for group B strep prophylaxis.

11.14 	Sec. 6. [147E.20] BOARD ACTION ON APPLICATIONS FOR LICENSURE.
11.15 	(a) The board shall act on each application for licensure according to paragraphs 
11.16 	(b) to (d).
11.17 	(b) The board shall determine if the applicant meets the requirements for licensure 
11.18 	under section 147E.15.  The board or advisory council may investigate information 
11.19 	provided by an applicant to determine whether the information is accurate and complete.
11.20 	(c) The board shall notify each applicant in writing of action taken on the application, 
11.21 	the grounds for denying licensure if licensure is denied, and the applicant's right to review 
11.22 	under paragraph (d).
11.23 	(d) Applicants denied licensure may make a written request to the board, within 30 
11.24 	days of the board's notice, to appear before the advisory council or the board and for the 
11.25 	advisory council to review the board's decision to deny the applicant's licensure.  After 
11.26 	reviewing the denial, the advisory council shall make a recommendation to the board as 
11.27 	to whether the denial shall be affirmed.  Each applicant is allowed only one request for 
11.28 	review per yearly licensure period.

11.29 	Sec. 7. [147E.25] CONTINUING EDUCATION REQUIREMENT.
11.30 		Subdivision 1.Number of required contact hours. (a) A licensee applying for 
11.31 	licensure renewal must complete a minimum of 25 contact hours of board-approved 
11.32 	continuing education in the year preceding licensure renewal, with the exception of 
11.33 	the licensee's first incomplete year, and attest to completion of continuing education 
11.34 	requirements by reporting to the board.
12.1 	(b) Each licensee must complete at least seven hours of continuing education 
12.2 	in pharmacotherapeutics.
12.3 		Subd. 2.Approved programs. The board shall approve continuing education 
12.4 	programs that have been approved for continuing education credit by the American 
12.5 	Association of Naturopathic Physicians or any of its constituent state associations, the 
12.6 	American Chiropractic Association or any of its constituent state associations, the 
12.7 	American Osteopathic Association Bureau of Professional Education, the American 
12.8 	Pharmacists Association or any of its constituent state associations, or an organization 
12.9 	approved by the Accreditation Council for Continuing Medical Education.
12.10 		Subd. 3.Approval of continuing education programs. The board shall also 
12.11 	approve continuing education programs that do not meet the requirements of subdivision 2 
12.12 	but meet the following criteria:
12.13 	(1) the program content directly relates to the practice of naturopathic medicine;
12.14 	(2) each member of the program faculty is knowledgeable in the subject matter as 
12.15 	demonstrated by a degree from an accredited education program, verifiable experience in 
12.16 	the field of naturopathic medicine, special training in the subject matter, or experience 
12.17 	teaching in the subject area;
12.18 	(3) the program lasts at least 50 minutes per contact hour;
12.19 	(4) there are specific, measurable, written objectives, consistent with the program, 
12.20 	describing the expected outcomes for the participants; and 
12.21 	(5) the program sponsor has a mechanism to verify participation and maintains 
12.22 	attendance records for three years.
12.23 		Subd. 4.Accumulation of contact hours. A licensee may not apply contact hours 
12.24 	acquired in one one-year reporting period to a future continuing education reporting period.
12.25 		Subd. 5.Verification of continuing education credits. The board shall 
12.26 	periodically select a random sample of licensees and require those licensees to supply 
12.27 	the board with evidence of having completed the continuing education to which they 
12.28 	attested.  Documentation may come directly from the licensee or from state or national 
12.29 	organizations that maintain continuing education records.
12.30 		Subd. 6.Continuing education topics. Continuing education program topics 
12.31 	may include, but are not limited to, naturopathic medical theory and techniques 
12.32 	including diagnostic techniques, nutrition, botanical medicine, homeopathic medicine, 
12.33 	physical medicine, lifestyle modification counseling, anatomy, physiology, biochemistry, 
12.34 	pharmacology, pharmacognosy, microbiology, medical ethics, psychology, history of 
12.35 	medicine, and medical terminology or coding.
13.1 		Subd. 7.Restriction on continuing education topics. (a) A licensee may apply no 
13.2 	more than five hours of practice management to a one-year reporting period.
13.3 	(b) A licensee may apply no more than 15 hours to any single subject area.
13.4 		Subd. 8.Continuing education exemptions. The board may exempt any person 
13.5 	holding a license under this chapter from the requirements of subdivision 1 upon 
13.6 	application showing evidence satisfactory to the board of inability to comply with the 
13.7 	requirements because of physical or mental condition or because of other unusual or 
13.8 	extenuating circumstances.  However, no person may be exempted from the requirements 
13.9 	of subdivision 1 more than once in any five-year period.

13.10 	Sec. 8. [147E.30] DISCIPLINE; REPORTING.
13.11 	For purposes of this chapter, licensed naturopathic doctors and applicants are subject 
13.12 	to sections 147.091 to 147.162.

13.13 	Sec. 9. [147E.35] LICENSED NATUROPATHIC DOCTOR ADVISORY 
13.14 	COUNCIL.
13.15 		Subdivision 1.Membership. The board shall appoint a five-member Licensed 
13.16 	Naturopathic Doctor Advisory Council consisting of one public member as defined 
13.17 	in section 214.02, three licensed naturopathic doctors, and one licensed physician or 
13.18 	osteopath with expertise in natural medicine.
13.19 		Subd. 2.Organization. The advisory council shall be organized and administered 
13.20 	under section 15.059.  The council expires December 31, 2012.
13.21 		Subd. 3.Duties. The advisory council shall:
13.22 	(1) advise the board regarding standards for licensed naturopathic doctors;
13.23 	(2) provide for distribution of information regarding licensed naturopathic doctors 
13.24 	standards;
13.25 	(3) advise the board on enforcement of sections 147.091 to 147.162;
13.26 	(4) review applications and recommend granting or denying licensure or licensure 
13.27 	renewal;
13.28 	(5) advise the board on issues related to receiving and investigating complaints, 
13.29 	conducting hearings, and imposing disciplinary action in relation to complaints against 
13.30 	licensed naturopathic doctors;
13.31 	(6) advise the board regarding approval of continuing education programs using the 
13.32 	criteria in section 147E.25, subdivision 3; and 
13.33 	(7) perform other duties authorized for advisory councils by chapter 214, as directed 
13.34 	by the board.

14.1 	Sec. 10. [147E.40] FEES.
14.2 		Subdivision 1.Fees. Fees are as follows:
14.3 	(1) licensure application fee, $150;
14.4 	(2) renewal fee, $150;
14.5 	(3) late fee, $75;
14.6 	(4) inactive status fee, $50; and 
14.7 	(5) temporary permit fee, $25.
14.8 		Subd. 2.Proration of fees. The board may prorate the initial annual licensure fee. 
14.9 	All licensees are required to pay the full fee upon licensure renewal.
14.10 		Subd. 3.Penalty fee for late renewals. An application for licensure renewal 
14.11 	submitted after the deadline must be accompanied by a late fee in addition to the required 
14.12 	fees.
14.13 		Subd. 4.Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.

14.14 	Sec. 11. EFFECTIVE DATE.
 14.15 	This article is effective July 1, 2007.

14.16 	ARTICLE 2
14.17 	 CONFORMING AMENDMENTS

14.18 	Section 1. Minnesota Statutes 2004, section 116J.70, subdivision 2a, is amended to 
14.19 	read:
14.20 		Subd. 2a.License; exceptions.  "Business license" or "license" does not include 
14.21 	the following:
14.22 	(1) any occupational license or registration issued by a licensing board listed in 
14.23 	section 214.01 or any occupational registration issued by the commissioner of health 
14.24 	pursuant to section 214.13;
14.25 	(2) any license issued by a county, home rule charter city, statutory city, township, or 
14.26 	other political subdivision;
14.27 	(3) any license required to practice the following occupation regulated by the 
14.28 	following sections:
14.29 	(i) abstracters regulated pursuant to chapter 386;
14.30 	(ii) accountants regulated pursuant to chapter 326A;
14.31 	(iii) adjusters regulated pursuant to chapter 72B;
14.32 	(iv) architects regulated pursuant to chapter 326;
14.33 	(v) assessors regulated pursuant to chapter 270;
14.34 	(vi) athletic trainers regulated pursuant to chapter 148;
15.1 	(vii) attorneys regulated pursuant to chapter 481;
15.2 	(viii) auctioneers regulated pursuant to chapter 330;
15.3 	(ix) barbers and cosmetologists regulated pursuant to chapter 154;
15.4 	(x) boiler operators regulated pursuant to chapter 183;
15.5 	(xi) chiropractors regulated pursuant to chapter 148;
15.6 	(xii) collection agencies regulated pursuant to chapter 332;
15.7 	(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant 
15.8 	to chapter 150A;
15.9 	(xiv) detectives regulated pursuant to chapter 326;
15.10 	(xv) electricians regulated pursuant to chapter 326;
15.11 	(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
15.12 	(xvii) engineers regulated pursuant to chapter 326;
15.13 	(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
15.14 	(xix) certified interior designers regulated pursuant to chapter 326;
15.15 	(xx) midwives regulated pursuant to chapter 147D;
15.16 	(xxi) naturopathic doctors licensed pursuant to chapter 147E;
15.17 	(xxii) nursing home administrators regulated pursuant to chapter 144A;
15.18 	(xxii) (xxiii) optometrists regulated pursuant to chapter 148;
15.19 	(xxiii) (xxiv) osteopathic physicians regulated pursuant to chapter 147;
15.20 	(xxiv) (xxv) pharmacists regulated pursuant to chapter 151;
15.21 	(xxv) (xxvi) physical therapists regulated pursuant to chapter 148;
15.22 	(xxvi) (xxvii) physician assistants regulated pursuant to chapter 147A;
15.23 	(xxvii) (xxviii) physicians and surgeons regulated pursuant to chapter 147;
15.24 	(xxviii) (xxix) plumbers regulated pursuant to chapter 326;
15.25 	(xxix) (xxx) podiatrists regulated pursuant to chapter 153;
15.26 	(xxx) (xxxi) practical nurses regulated pursuant to chapter 148;
15.27 	(xxxi) (xxxii) professional fund-raisers regulated pursuant to chapter 309;
15.28 	(xxxii) (xxxiii) psychologists regulated pursuant to chapter 148;
15.29 	(xxxiii) (xxxiv) real estate brokers, salespersons, and others regulated pursuant to 
15.30 	chapters 82 and 83;
15.31 	(xxxiv ) (xxxv) registered nurses regulated pursuant to chapter 148;
15.32 	(xxxv) (xxxvi) securities brokers, dealers, agents, and investment advisers regulated 
15.33 	pursuant to chapter 80A;
15.34 	(xxxvi) (xxxvii) steamfitters regulated pursuant to chapter 326;
15.35 	(xxxvii) (xxxviii) teachers and supervisory and support personnel regulated pursuant 
15.36 	to chapter 125;
16.1 	(xxxviii) (xxxix) veterinarians regulated pursuant to chapter 156;
16.2 	(xxxix) (xl) water conditioning contractors and installers regulated pursuant to 
16.3 	chapter 326;
16.4 	(xl) (xli) water well contractors regulated pursuant to chapter 103I;
16.5 	(xli) (xlii) water and waste treatment operators regulated pursuant to chapter 115;
16.6 	(xlii) (xliii) motor carriers regulated pursuant to chapter 221;
16.7 	(xliii) (xliv) professional firms regulated under chapter 319B;
16.8 	(xliv) (xlv) real estate appraisers regulated pursuant to chapter 82B;
16.9 	(xlv) (xlvi) residential building contractors, residential remodelers, residential 
16.10 	roofers, manufactured home installers, and specialty contractors regulated pursuant 
16.11 	to chapter 326; or 
16.12 	(xlvi) (xlvii) licensed professional counselors regulated pursuant to chapter 148B;
16.13 	(4) any driver's license required pursuant to chapter 171;
16.14 	(5) any aircraft license required pursuant to chapter 360;
16.15 	(6) any watercraft license required pursuant to chapter 86B;
16.16 	(7) any license, permit, registration, certification, or other approval pertaining to a 
16.17 	regulatory or management program related to the protection, conservation, or use of or 
16.18 	interference with the resources of land, air, or water, which is required to be obtained 
16.19 	from a state agency or instrumentality; and
16.20 	(8) any pollution control rule or standard established by the Pollution Control 
16.21 	Agency or any health rule or standard established by the commissioner of health or any 
16.22 	licensing rule or standard established by the commissioner of human services.

16.23 	Sec. 2. Minnesota Statutes 2005 Supplement, section 144.335, subdivision 1, is 
16.24 	amended to read:
16.25 		Subdivision 1.Definitions. For the purposes of this section, the following terms 
16.26 	have the meanings given them:
16.27 	(a) "Patient" means a natural person who has received health care services from a 
16.28 	provider for treatment or examination of a medical, psychiatric, or mental condition, the 
16.29 	surviving spouse and parents of a deceased patient, or a person the patient appoints in 
16.30 	writing as a representative, including a health care agent acting pursuant to chapter 145C, 
16.31 	unless the authority of the agent has been limited by the principal in the principal's health 
16.32 	care directive. Except for minors who have received health care services pursuant to 
16.33 	sections 144.341 to 144.347, in the case of a minor, patient includes a parent or guardian, 
16.34 	or a person acting as a parent or guardian in the absence of a parent or guardian.
17.1 	(b) "Provider" means (1) any person who furnishes health care services and is 
17.2 	regulated to furnish the services pursuant to chapter 147, 147A, 147B, 147C, 147D, 
17.3 	147E, 148, 148B, 148C, 148D, 150A, 151, 153, or 153A, or Minnesota Rules, chapter 
17.4 	4666; (2) a home care provider licensed under section 144A.46; (3) a health care facility 
17.5 	licensed pursuant to this chapter or chapter 144A; (4) a physician assistant registered 
17.6 	under chapter 147A; and (5) an unlicensed mental health practitioner regulated pursuant 
17.7 	to sections 148B.60 to 148B.71.
17.8 	(c) "Individually identifiable form" means a form in which the patient is or can be 
17.9 	identified as the subject of the health records.

17.10 	Sec. 3. Minnesota Statutes 2004, section 145.61, subdivision 2, is amended to read:
17.11 		Subd. 2.Professional.  "Professional" means a person licensed or registered to 
17.12 	practice a healing art under chapter 147, 147E, or 148, to practice dentistry under chapter 
17.13 	150A, to practice as a pharmacist under chapter 151, or to practice podiatry under chapter 
17.14 	153.

17.15 	Sec. 4. Minnesota Statutes 2004, section 146.23, subdivision 7, is amended to read:
17.16 		Subd. 7.Exemption.  The provisions of subdivision 2 do not apply to physicians 
17.17 	and doctors of osteopathy licensed under chapter 147 or naturopathic doctors licensed 
17.18 	under chapter 147E.

17.19 	Sec. 5. Minnesota Statutes 2005 Supplement, section 148B.60, subdivision 3, is 
17.20 	amended to read:
17.21 		Subd. 3.Unlicensed mental health practitioner or practitioner. "Unlicensed 
17.22 	mental health practitioner" or "practitioner" means a person who provides or purports 
17.23 	to provide, for remuneration, mental health services as defined in subdivision 4. It 
17.24 	does not include persons licensed by the Board of Medical Practice under chapter 147 
17.25 	or 147E or registered by the Board of Medical Practice under chapter 147A; the Board 
17.26 	of Nursing under sections 148.171 to 148.285; the Board of Psychology under sections 
17.27 	148.88 to 148.98; the Board of Social Work under sections 148B.18 to 148B.289; the 
17.28 	Board of Marriage and Family Therapy under sections 148B.29 to 148B.39; the Board of 
17.29 	Behavioral Health and Therapy under sections 148B.50 to 148B.593 and chapter 148C; 
17.30 	or another licensing board if the person is practicing within the scope of the license; 
17.31 	members of the clergy who are providing pastoral services in the context of performing 
17.32 	and fulfilling the salaried duties and obligations required of a member of the clergy by a 
17.33 	religious congregation; American Indian medicine men and women; licensed attorneys; 
18.1 	probation officers; school counselors employed by a school district while acting within 
18.2 	the scope of employment as school counselors; licensed occupational therapists; or 
18.3 	licensed occupational therapy assistants. For the purposes of complaint investigation or 
18.4 	disciplinary action relating to an individual practitioner, the term includes:
18.5 	(1) persons employed by a program licensed by the commissioner of human services 
18.6 	who are acting as mental health practitioners within the scope of their employment;
18.7 	(2) persons employed by a program licensed by the commissioner of human services 
18.8 	who are providing chemical dependency counseling services; persons who are providing 
18.9 	chemical dependency counseling services in private practice; and
18.10 	(3) clergy who are providing mental health services that are equivalent to those 
18.11 	defined in subdivision 4.

18.12 	Sec. 6. Minnesota Statutes 2004, section 151.01, subdivision 23, is amended to read:
18.13 		Subd. 23.Practitioner.  "Practitioner" means a licensed doctor of medicine, 
18.14 	licensed doctor of osteopathy duly licensed to practice medicine, licensed naturopathic 
18.15 	doctor, licensed doctor of dentistry, licensed doctor of optometry, licensed podiatrist, or 
18.16 	licensed veterinarian.  For purposes of sections 151.15, subdivision 4, 151.37, subdivision 
18.17 	2, paragraph (b), and 151.461, "practitioner" also means a physician assistant authorized 
18.18 	to prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 
18.19 	authorized to prescribe, dispense, and administer under section 148.235.

18.20 	Sec. 7. Minnesota Statutes 2004, section 214.23, subdivision 1, is amended to read:
18.21 		Subdivision 1.Commissioner of health.  The board shall enter into a contract 
18.22 	with the commissioner to perform the functions in subdivisions 2 and 3.  The contract 
18.23 	shall provide that:
18.24 	(1) unless requested to do otherwise by a regulated person, a board shall refer all 
18.25 	regulated persons infected with HIV, HBV, or HCV to the commissioner;
18.26 	(2) the commissioner may choose to refer any regulated person who is infected 
18.27 	with HIV, HBV, or HCV as well as all information related thereto to the person's board 
18.28 	at any time for any reason, including but not limited to:  the degree of cooperation and 
18.29 	compliance by the regulated person; the inability to secure information or the medical 
18.30 	records of the regulated person; or when the facts may present other possible violations 
18.31 	of the regulated persons practices act.  Upon request of the regulated person who is 
18.32 	infected with HIV, HBV, or HCV the commissioner shall refer the regulated person and all 
18.33 	information related thereto to the person's board.  Once the commissioner has referred a 
19.1 	regulated person to a board, the board may not thereafter submit it to the commissioner to 
19.2 	establish a monitoring plan unless the commissioner of health consents in writing;
19.3 	(3) a board shall not take action on grounds relating solely to the HIV, HBV, or HCV 
19.4 	status of a regulated person until after referral by the commissioner; and
19.5 	(4) notwithstanding sections 13.39 and 13.41 and chapters 147, 147A, 147E, 148, 
19.6 	150A, 153, and 214, a board shall forward to the commissioner any information on a 
19.7 	regulated person who is infected with HIV, HBV, or HCV that the Department of Health 
19.8 	requests.

19.9 	Sec. 8. Minnesota Statutes 2004, section 604A.01, subdivision 2, is amended to read:
19.10 		Subd. 2.General immunity from liability.  (a) A person who, without 
19.11 	compensation or the expectation of compensation, renders emergency care, advice, or 
19.12 	assistance at the scene of an emergency or during transit to a location where professional 
19.13 	medical care can be rendered, is not liable for any civil damages as a result of acts or 
19.14 	omissions by that person in rendering the emergency care, advice, or assistance, unless the 
19.15 	person acts in a willful and wanton or reckless manner in providing the care, advice, or 
19.16 	assistance.  This subdivision does not apply to a person rendering emergency care, advice, 
19.17 	or assistance during the course of regular employment, and receiving compensation or 
19.18 	expecting to receive compensation for rendering the care, advice, or assistance.
19.19 	(b) For the purposes of this section, the scene of an emergency is an area outside 
19.20 	the confines of a hospital or other institution that has hospital facilities, or an office of 
19.21 	a person licensed to practice one or more of the healing arts under chapter 147, 147A, 
19.22 	147E, 148, 150A, or 153.  The scene of an emergency includes areas threatened by or 
19.23 	exposed to spillage, seepage, fire, explosion, or other release of hazardous materials, 
19.24 	and includes ski areas and trails.
19.25 	(c) For the purposes of this section, "person" includes a public or private nonprofit 
19.26 	volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer 
19.27 	first provider of emergency medical services, volunteer ski patroller, and any partnership, 
19.28 	corporation, association, or other entity.
19.29 	(d) For the purposes of this section, "compensation" does not include payments, 
19.30 	reimbursement for expenses, or pension benefits paid to members of volunteer 
19.31 	organizations.
19.32 	(e) For purposes of this section, "emergency care" includes providing emergency 
19.33 	medical care by using or providing an automatic external defibrillator, unless the person 
19.34 	on whom the device is to be used objects; or unless the person is rendering this care 
19.35 	during the course of regular employment, the person is receiving or expects to receive 
20.1 	compensation for rendering this care, and the usual and regular duties of the person 
20.2 	include the provision of emergency medical care.  "Automatic external defibrillator" 
20.3 	means a medical device heart monitor and defibrillator that:
20.4 	(1) has received approval of its premarket notification, filed pursuant to United States 
20.5 	Code, title 21, section 360(k), from the United States Food and Drug Administration;
20.6 	(2) is capable of recognizing the presence or absence of ventricular fibrillation or 
20.7 	rapid ventricular tachycardia, and is capable of determining, without intervention by an 
20.8 	operator, whether defibrillation should be performed; and
20.9 	(3) upon determining that defibrillation should be performed, automatically charges 
20.10 	and requests delivery of an electrical impulse to an individual's heart.

20.11 	Sec. 9. Minnesota Statutes 2004, section 604A.015, is amended to read:
20.12 	604A.015 SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.
20.13 	A school bus driver who, while on duty, provides emergency care, advice, or 
20.14 	assistance at the scene of an emergency or during transit to a location where professional 
20.15 	medical care can be rendered, is not liable in ordinary negligence, for any civil damages as 
20.16 	a result of acts or omissions to the person to whom assistance is rendered by the school 
20.17 	bus driver in rendering the emergency care, advice, or assistance.  For the purposes of this 
20.18 	section, the scene of an emergency is an area outside the confines of a hospital or other 
20.19 	institution that has hospital facilities, or an office of a person licensed to practice one or 
20.20 	more of the healing arts under chapter 147, 147E, 148, 150A, or 153.

20.21 	Sec. 10. EFFECTIVE DATE.
 20.22 	This article is effective July 1, 2007.