2000 Minnesota Statutes

CHAPTER 146. Healing arts, registration

     146.01 Definition; practicing healing and practice of 
  healing.  

    The term "practicing healing" or "practice of healing" 
 shall mean and include any person who shall in any manner for 
 any fee, gift, compensation, or reward, or in expectation 
 thereof, engage in, or hold out to the public as being engaged 
 in, the practice of medicine or surgery, the practice of 
 osteopathy, the practice of chiropractic, the practice of any 
 legalized method of healing, or the diagnosis, analysis, 
 treatment, correction, or cure of any disease, injury, defect, 
 deformity, infirmity, ailment, or affliction of human beings, or 
 any condition or conditions incident to pregnancy or childbirth, 
 or examination into the fact, condition, or cause of human 
 health or disease, or who shall, for any fee, gift, 
 compensation, or reward, or in expectation thereof, suggest, 
 recommend, or prescribe any medicine or any form of treatment, 
 correction, or cure thereof; also any person, or persons, 
 individually or collectively, who maintains an office for the 
 reception, examination, diagnosis, or treatment of any person 
 for any disease, injury, defect, deformity, or infirmity of body 
 or mind, or who attaches the title of doctor, physician, 
 surgeon, specialist, M.D., M.B., D.O., D.C., or any other word, 
 abbreviation, or title to the person's name indicating, or 
 designed to indicate, that the person is engaged in the practice 
 of healing.  

    HIST: (5705-1) 1927 c 149 s 1; 1971 c 410 s 1; 1974 c 224 s 2; 
 1986 c 444 

  146.02 Repealed, 1974 c 224 s 6 

  146.03 Repealed, 1974 c 224 s 6 

  146.04 Repealed, 1974 c 224 s 6 

  146.05 Repealed, 1974 c 224 s 6 

  146.06 Repealed, 1974 c 224 s 6 

  146.07 Repealed, 1974 c 224 s 6 

  146.08 Repealed, 1974 c 224 s 6 

  146.09 Repealed, 1974 c 224 s 6 

  146.10 Repealed, 1974 c 224 s 6 

  146.11 Repealed, 1974 c 224 s 6 

  146.12 Repealed, 1974 c 224 s 6 

     146.13 Registration fees. 

    Every person not hereinafter excepted from the provisions 
 of this chapter authorized to practice healing in this state 
 shall annually register with the director of the particular 
 board of examiners which examined and registered or licensed the 
 person to practice that branch or system of healing pursued; and 
 shall, at that time, for the purpose of making such 
 registration, sign and send to such director in writing the 
 following:  name, the name of the place, and the address, at 
 which the practice of healing is engaged in, and pay to the 
 director each year a fee in an amount to be fixed by rule of the 
 respective board of examiners.  Any person who shall change the 
 address or place of practice during the year shall forthwith 
 notify such director in writing of such change, giving such new 
 address or place.  The director of each board of examiners shall 
 keep a proper register of all such persons and to each person so 
 registering the proper board shall issue a certificate for the 
 current year, signed by the president and the director and 
 sealed with the seal of such board, setting forth name, the name 
 of the place and the address at which the practice of healing is 
 engaged in, and the branch or system of healing pursued.  Any 
 person not hereinafter excepted from the provisions of this 
 chapter lawfully entitled to engage in the practice of healing 
 in this state, and who shall not be currently registered as 
 provided in this section, shall, within 30 days after first so 
 engaging in the practice of healing, register with the proper 
 examining board in the manner provided in this chapter, pay to 
 the director of such board the fee above required, and received 
 from such board a certificate as above prescribed for the 
 balance of such year.  Every person receiving a certificate, as 
 herein provided, shall display the same in a conspicuous place 
 in the office or other corresponding place where the practice of 
 healing is pursued.  

    All fees received by the director of any examining board 
 for registration required by this section shall be paid to the 
 general fund.  The expenses of keeping proper registers, 
 furnishing the certificates herein provided for, employing 
 inspectors for procuring evidence of any violation of the laws 
 administered thereby and aiding in the enforcement of such laws, 
 and for such other expenses as may be necessarily paid or 
 incurred in the exercise of its powers or performance of its 
 duties, shall be paid from the appropriation made to the 
 examining board.  

    HIST: (5705-13) 1927 c 149 s 13; 1955 c 365 s 1; 1959 c 345 s 
 1; 1967 c 111 s 1; 1975 c 233 s 1; 1985 c 247 s 25; 1986 c 444; 
 1989 c 282 art 2 s 38 

  146.14 Repealed, 1996 c 451 art 4 s 71 

     146.15 Discrimination against systems of healing.  

    The several boards or other officers whose duty it shall be 
 to administer or carry into effect the provisions of this 
 chapter shall, while exercising such authority, in no manner 
 discriminate against any system or branch of healing.  

    HIST: (5705-15) 1927 c 149 s 15; 1974 c 224 s 3 

  146.16 Repealed, 1974 c 224 s 6; 1976 c 2 s 167 

  146.17 Repealed, 1974 c 224 s 6 

     146.18 Practicing without registering, or displaying 
  certificate.  

    Any person who shall practice healing or attempt to 
 practice healing in this state without having registered with 
 the examining board in the system or branch of healing pursued, 
 as herein provided, or without displaying a certificate of 
 annual registration with the proper board of examiners, as 
 herein provided, shall be guilty of a misdemeanor. 

    HIST: (5705-18) 1927 c 149 s 18; 1974 c 224 s 4; 1986 c 444 

     146.19 Other offenses; penalty.  

    Any person implicated in employing fraud or deception in 
 registering annually under this chapter shall be guilty of a 
 gross misdemeanor.  

    HIST: (5705-19) 1927 c 149 s 19; 1955 c 868 s 1; 1971 c 410 s 
 7; 1974 c 224 s 5 

  146.20 Repealed, 1996 c 451 art 4 s 71 

  146.21 Repealed, 1974 c 224 s 6 

  146.22 Repealed, 1974 c 224 s 6 

     146.23 Manual or mechanical therapy. 

    Subdivision 1.    Therapy.  "Manual therapy" or 
 "mechanical therapy" as used in this section means manipulation 
 or adjusting joint articulation without anesthesia. 

    Subd. 2.    Training requirement.  A person regulated 
 under this chapter who is not otherwise authorized to provide 
 manual therapy or mechanical therapy, intending to directly 
 treat or normalize abnormal or dysfunctional articulations of 
 the human body must be certified by the state board which 
 regulates the person's practice as successfully completing 
 training in manual or mechanical therapy at a level of not less 
 than:  (1) 555 hours of training to include lecture and 
 supervised laboratory training; (2) 315 hours in the area of 
 radiographic interpretation; and (3) 1,155 hours of supervised 
 work in an outpatient setting.  The training must be provided by 
 an institution which is fully accredited in the area of 
 chiropractic, medicine, osteopathy, or physical therapy. 

    Subd. 3.    Diagnosis required before therapy.  Before 
 manual therapy or mechanical therapy is provided, a person 
 licensed by a particular board of examiners to diagnose another 
 person for any disease, injury, defect, deformity, or infirmity 
 of the body must determine that the person to receive therapy 
 does not have a condition that would contraindicate the 
 therapy.  If the person making the diagnosis is not also 
 performing the therapy, that person must give a written 
 diagnosis report prior to the initiation of therapy to the 
 person performing the therapy and is responsible for ensuring 
 that the person performing the therapy has complied with the 
 training requirements under subdivision 2. 

    Subd. 4.    Rules.  Any board that regulates persons 
 affected by this section may adopt rules for the purposes of 
 this section. 

    Subd. 5.    Penalty.  A person who violates this section 
 is subject to disciplinary action by the board that regulates 
 the person's practice. 

    Subd. 6.    Scope of practice.  Nothing in this section 
 expands or limits the scope of practice of licensed physical 
 therapists or occupational therapists certified by the American 
 Occupational Therapy Certification Board. 

    Subd. 7.    Exemption.  The provisions of subdivision 2 
 do not apply to physicians and doctors of osteopathy licensed 
 under chapter 147. 

    HIST: 1993 c 293 s 1; 2000 c 260 s 23