2007 Minnesota Statutes

CHAPTER 146A. COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES

146A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

146A.01 DEFINITIONS.
    Subdivision 1. Terms. As used in this chapter, the following terms have the meanings
given them.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of health or the
commissioner's designee.
    Subd. 3. Complementary and alternative health care client. "Complementary and
alternative health care client" means an individual who receives services from an unlicensed
complementary and alternative health care practitioner.
    Subd. 4. Complementary and alternative health care practices. (a) "Complementary and
alternative health care practices" means the broad domain of complementary and alternative
healing methods and treatments, including but not limited to: (1) acupressure; (2) anthroposophy;
(3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally traditional healing
practices; (7) detoxification practices and therapies; (8) energetic healing; (9) polarity therapy;
(10) folk practices; (11) healing practices utilizing food, food supplements, nutrients, and the
physical forces of heat, cold, water, touch, and light; (12) Gerson therapy and colostrum therapy;
(13) healing touch; (14) herbology or herbalism; (15) homeopathy; (16) nondiagnostic iridology;
(17) body work, massage, and massage therapy; (18) meditation; (19) mind-body healing
practices; (20) naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental
practices, such as Qi Gong energy healing.
(b) Complementary and alternative health care practices do not include surgery, x-ray
radiation, administering or dispensing legend drugs and controlled substances, practices that
invade the human body by puncture of the skin, setting fractures, the use of medical devices as
defined in section 147A.01, any practice included in the practice of dentistry as defined in section
150A.05, subdivision 1, or the manipulation or adjustment of articulations of joints or the spine as
described in section 146.23 or 148.01.
(c) Complementary and alternative health care practices do not include practices that are
permitted under section 147.09, clause (11), or 148.271, clause (5).
(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activity of lawfully marketing or distributing food products, including dietary supplements as
defined in the federal Dietary Supplement Health and Education Act, educating customers about
such products, or explaining the uses of such products. Under Minnesota law, an unlicensed
complementary and alternative health care practitioner may not provide a medical diagnosis or
recommend discontinuance of medically prescribed treatments.
    Subd. 5. Office of Unlicensed Complementary and Alternative Health Care Practice or
office. "Office of Unlicensed Complementary and Alternative Health Care Practice" or "office"
means the Office of Unlicensed Complementary and Alternative Health Care Practice established
in section 146A.02.
    Subd. 6. Unlicensed complementary and alternative health care practitioner. (a)
"Unlicensed complementary and alternative health care practitioner" means a person who:
(1) either:
(i) is not licensed or registered by a health-related licensing board or the commissioner of
health; or
(ii) is licensed or registered by the commissioner of health or a health-related licensing board
other than the Board of Medical Practice, the Board of Dentistry, the Board of Chiropractic
Examiners, or the Board of Podiatric Medicine, but does not hold oneself out to the public as
being licensed or registered by the commissioner or a health-related licensing board when
engaging in complementary and alternative health care;
(2) has not had a license or registration issued by a health-related licensing board or the
commissioner of health revoked or has not been disciplined in any manner at any time in the
past, unless the right to engage in complementary and alternative health care practices has been
established by order of the commissioner of health;
(3) is engaging in complementary and alternative health care practices; and
(4) is providing complementary and alternative health care services for remuneration or is
holding oneself out to the public as a practitioner of complementary and alternative health care
practices.
(b) A health care practitioner licensed or registered by the commissioner or a health-related
licensing board, who engages in complementary and alternative health care while practicing
under the practitioner's license or registration, shall be regulated by and be under the jurisdiction
of the applicable health-related licensing board with regard to the complementary and alternative
health care practices.
History: 2000 c 460 s 9

146A.02 OFFICE OF UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTICE.
    Subdivision 1. Creation. The Office of Unlicensed Complementary and Alternative Health
Care Practice is created in the Department of Health to investigate complaints and take and
enforce disciplinary actions against all unlicensed complementary and alternative health care
practitioners for violations of prohibited conduct, as defined in section 146A.08. The office
shall also serve as a clearinghouse on complementary and alternative health care practices and
unlicensed complementary and alternative health care practitioners through the dissemination
of objective information to consumers and through the development and performance of public
education activities, including outreach, regarding the provision of complementary and alternative
health care practices and unlicensed complementary and alternative health care practitioners
who provide these services.
    Subd. 2. Rulemaking. The commissioner shall adopt rules necessary to implement,
administer, or enforce provisions of this chapter pursuant to chapter 14.
History: 2000 c 460 s 10

146A.025 MALTREATMENT OF MINORS.
Nothing in this chapter shall restrict the ability of a local welfare agency, local law
enforcement agency, the commissioner of human services, or the state to take action regarding the
maltreatment of minors under section 609.378 or 626.556. A parent who obtains complementary
and alternative health care for the parent's minor child is not relieved of the duty to seek necessary
medical care consistent with the requirements of sections 609.378 and 626.556. A complementary
or alternative health care practitioner who is providing services to a child who is not receiving
necessary medical care must make a report under section 626.556. A complementary or alternative
health care provider is a mandated reporter under section 626.556, subdivision 3.
History: 2000 c 460 s 11

146A.03 REPORTING OBLIGATIONS.
    Subdivision 1. Permission to report. A person who has knowledge of any conduct
constituting grounds for disciplinary action relating to complementary and alternative health care
practices under this chapter may report the violation to the office.
    Subd. 2. Institutions. A state agency, political subdivision, agency of a local unit of
government, private agency, hospital, clinic, prepaid medical plan, or other health care institution
or organization located in this state shall report to the office any action taken by the agency,
institution, or organization or any of its administrators or medical or other committees to
revoke, suspend, restrict, or condition an unlicensed complementary and alternative health care
practitioner's privilege to practice or treat complementary and alternative health care clients in the
institution or, as part of the organization, any denial of privileges or any other disciplinary action
for conduct that might constitute grounds for disciplinary action by the office under this chapter.
The institution, organization, or governmental entity shall also report the resignation of any
unlicensed complementary and alternative health care practitioners prior to the conclusion of any
disciplinary action proceeding for conduct that might constitute grounds for disciplinary action
under this chapter or prior to the commencement of formal charges but after the practitioner had
knowledge that formal charges were contemplated or were being prepared.
    Subd. 3. Professional societies. A state or local professional society for unlicensed
complementary and alternative health care practitioners shall report to the office any termination,
revocation, or suspension of membership or any other disciplinary action taken against an
unlicensed complementary and alternative health care practitioner. If the society has received a
complaint that might be grounds for discipline under this chapter against a member on which it
has not taken any disciplinary action, the society shall report the complaint and the reason why it
has not taken action on it or shall direct the complainant to the office.
    Subd. 4. Licensed professionals. A licensed health professional shall report to the office
personal knowledge of any conduct that the licensed health professional reasonably believes
constitutes grounds for disciplinary action under this chapter by any unlicensed complementary
and alternative health care practitioner, including conduct indicating that the individual may
be incompetent or may be mentally or physically unable to engage safely in the provision of
services. If the information was obtained in the course of a client relationship, the client is an
unlicensed complementary and alternative health care practitioner, and the treating individual
successfully counsels the other practitioner to limit or withdraw from practice to the extent
required by the impairment, the office may deem this limitation of or withdrawal from practice
to be sufficient disciplinary action.
    Subd. 5. Insurers. Four times each year as prescribed by the commissioner, each insurer
authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and providing
professional liability insurance to unlicensed complementary and alternative health care
practitioners or the medical Joint Underwriting Association under chapter 62F shall submit to the
office a report concerning the unlicensed complementary and alternative health care practitioners
against whom malpractice settlements or awards have been made. The response must contain
at least the following information:
(1) the total number of malpractice settlements or awards made;
(2) the date the malpractice settlements or awards were made;
(3) the allegations contained in the claim or complaint leading to the settlements or awards
made;
(4) the dollar amount of each malpractice settlement or award;
(5) the regular address of the practice of the unlicensed complementary and alternative health
care practitioner against whom an award was made or with whom a settlement was made; and
(6) the name of the unlicensed complementary and alternative health care practitioner against
whom an award was made or with whom a settlement was made.
The insurance company shall, in addition to the above information, submit to the office any
information, records, and files, including clients' charts and records, it possesses that tend to
substantiate a charge that an unlicensed complementary and alternative health care practitioner
may have engaged in conduct violating this chapter.
    Subd. 6. Courts. The court administrator of district court or any other court of competent
jurisdiction shall report to the office any judgment or other determination of the court that
adjudges or includes a finding that an unlicensed complementary and alternative health care
practitioner is mentally ill, mentally incompetent, guilty of a felony, guilty of a violation of federal
or state narcotics laws or controlled substances act, or guilty of abuse or fraud under Medicare or
Medicaid; or that appoints a guardian of the unlicensed complementary and alternative health care
practitioner under sections 524.5-101 to 524.5-502 or commits an unlicensed complementary and
alternative health care practitioner under chapter 253B.
    Subd. 7. Self-reporting. An unlicensed complementary and alternative health care
practitioner shall report to the office any personal action that would require that a report be
filed with the office by any person, health care facility, business, or organization pursuant to
subdivisions 2 to 5. The practitioner shall also report the revocation, suspension, restriction,
limitation, or other disciplinary action against the practitioner's license, certificate, registration, or
right of practice in another state or jurisdiction for offenses that would be subject to disciplinary
action in this state and also report the filing of charges regarding the practitioner's license,
certificate, registration, or right of practice in another state or jurisdiction.
    Subd. 8. Deadlines; forms. Reports required by subdivisions 2 to 7 must be submitted not
later than 30 days after the reporter learns of the occurrence of the reportable event or transaction.
The office may provide forms for the submission of reports required by this section, may require
that reports be submitted on the forms provided, and may adopt rules necessary to ensure prompt
and accurate reporting.
History: 2000 c 460 s 12; 2004 c 146 art 3 s 47

146A.04 IMMUNITY.
    Subdivision 1. Reporting. Any person, other than the unlicensed complementary and
alternative health care practitioner who committed the violation, health care facility, business,
or organization is immune from civil liability or criminal prosecution for submitting a report to
the office, for otherwise reporting to the office violations or alleged violations of this chapter,
or for cooperating with an investigation of a report, except as provided in this subdivision. Any
person who knowingly or recklessly makes a false report is liable in a civil suit for any damages
suffered by the person or persons so reported and for any punitive damages set by the court or
jury. An action requires clear and convincing evidence that the defendant made the statement with
knowledge of falsity or with reckless disregard for its truth or falsity. The report or statement or
any statement made in cooperation with an investigation or as part of a disciplinary proceeding is
privileged except in an action brought under this subdivision.
    Subd. 2. Investigation. The commissioner and employees of the Department of Health and
other persons engaged in the investigation of violations and in the preparation, presentation, and
management of and testimony pertaining to charges of violations of this chapter are immune
from civil liability and criminal prosecution for any actions, transactions, or publications in the
execution of, or relating to, their duties under this chapter.
History: 2000 c 460 s 13

146A.05 DISCIPLINARY RECORD ON JUDICIAL REVIEW.
Upon judicial review of any disciplinary action taken by the commissioner under this
chapter, the reviewing court shall seal the portions of the administrative record that contain data
on a complementary and alternative health care client or a complainant under section 146A.03,
and shall not make those portions of the administrative record available to the public.
History: 2000 c 460 s 14

146A.06 PROFESSIONAL COOPERATION; UNLICENSED PRACTITIONER.
    Subdivision 1. Cooperation. An unlicensed complementary and alternative health care
practitioner who is the subject of an investigation, or who is questioned in connection with
an investigation, by or on behalf of the office, shall cooperate fully with the investigation.
Cooperation includes responding fully and promptly to any question raised by or on behalf of the
office relating to the subject of the investigation, whether tape recorded or not; providing copies
of client records, as reasonably requested by the office, to assist the office in its investigation;
and appearing at conferences or hearings scheduled by the commissioner. If the office does not
have a written consent from a client permitting access to the client's records, the unlicensed
complementary and alternative health care practitioner shall delete in the record any data that
identifies the client before providing it to the office. If an unlicensed complementary and
alternative health care practitioner refuses to give testimony or produce any documents, books,
records, or correspondence on the basis of the fifth amendment to the Constitution of the United
States, the commissioner may compel the unlicensed complementary and alternative health care
practitioner to provide the testimony or information; however, the testimony or evidence may not
be used against the practitioner in any criminal proceeding. Challenges to requests of the office
may be brought before the appropriate agency or court.
    Subd. 2. Data. (a) Data relating to investigations of complaints and disciplinary actions
involving unlicensed complementary and alternative health care practitioners are governed by this
subdivision and section 13.41 does not apply. Except as provided in section 13.39, subdivision 2,
and paragraph (b), data relating to investigations of complaints and disciplinary actions involving
unlicensed complementary and alternative health care practitioners are public data, regardless of
the outcome of any investigation, action, or proceeding.
(b) The following data are private data on individuals, as defined in section 13.02:
(1) data on a complementary and alternative health care client;
(2) data on a complainant under section 146A.03; and
(3) data on the nature or content of unsubstantiated complaints when the information is
not maintained in anticipation of legal action.
    Subd. 3. Exchanging information. (a) The office shall establish internal operating
procedures for:
(1) exchanging information with state boards; agencies, including the Office of Ombudsman
for Mental Health and Developmental Disabilities; health-related and law enforcement facilities;
departments responsible for licensing health-related occupations, facilities, and programs; and
law enforcement personnel in this and other states; and
(2) coordinating investigations involving matters within the jurisdiction of more than one
regulatory agency.
(b) The procedures for exchanging information must provide for the forwarding to the
entities described in paragraph (a), clause (1), of information and evidence, including the results
of investigations, that are relevant to matters within the regulatory jurisdiction of the organizations
in paragraph (a). The data have the same classification in the hands of the agency receiving the
data as they have in the hands of the agency providing the data.
(c) The office shall establish procedures for exchanging information with other states
regarding disciplinary action against unlicensed complementary and alternative health care
practitioners.
(d) The office shall forward to another governmental agency any complaints received by the
office that do not relate to the office's jurisdiction but that relate to matters within the jurisdiction
of the other governmental agency. The agency to which a complaint is forwarded shall advise the
office of the disposition of the complaint. A complaint or other information received by another
governmental agency relating to a statute or rule that the office is empowered to enforce must be
forwarded to the office to be processed in accordance with this section.
(e) The office shall furnish to a person who made a complaint a description of the actions of
the office relating to the complaint.
History: 2000 c 460 s 15; 2005 c 56 s 1

146A.07 PROFESSIONAL ACCOUNTABILITY.
The office shall maintain and keep current a file containing the reports and complaints
filed against unlicensed complementary and alternative health care practitioners within the
commissioner's jurisdiction. Each complaint filed with the office must be investigated. If the files
maintained by the office show that a malpractice settlement or award has been made against an
unlicensed complementary and alternative health care practitioner, as reported by insurers under
section 146A.03, subdivision 5, the commissioner may authorize a review of the practitioner's
practice by the staff of the office.
History: 2000 c 460 s 16

146A.08 PROHIBITED CONDUCT.
    Subdivision 1. Prohibited conduct. The commissioner may impose disciplinary action as
described in section 146A.09 against any unlicensed complementary and alternative health care
practitioner. The following conduct is prohibited and is grounds for disciplinary action:
(a) Conviction of a crime, including a finding or verdict of guilt, an admission of
guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United
States, reasonably related to engaging in complementary and alternative health care practices.
Conviction, as used in this subdivision, includes a conviction of an offense which, if committed in
this state, would be deemed a felony, gross misdemeanor, or misdemeanor, without regard to its
designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or
returned but the adjudication of guilt is either withheld or not entered.
(b) Conviction of any crime against a person. For purposes of this chapter, a crime against a
person means violations of the following: sections 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 609.23; 609.231; 609.2325;
609.233; 609.2335; 609.235; 609.24; 609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1)
or (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50,
subdivision 1 , clause (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3.
(c) Failure to comply with the self-reporting requirements of section 146A.03, subdivision 7.
(d) Engaging in sexual contact with a complementary and alternative health care client
or former client, engaging in contact that may be reasonably interpreted by a client as sexual,
engaging in any verbal behavior that is seductive or sexually demeaning to the patient, or
engaging in sexual exploitation of a client or former client. For purposes of this paragraph,
"former client" means a person who has obtained services from the unlicensed complementary
and alternative health care practitioner within the past two years.
(e) Advertising that is false, fraudulent, deceptive, or misleading.
(f) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or
careless disregard for the health, welfare, or safety of a complementary and alternative health care
client; or any other practice that may create danger to any client's life, health, or safety, in any
of which cases, proof of actual injury need not be established.
(g) Adjudication as mentally incompetent or as a person who is dangerous to self or
adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally
disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality or
sexually dangerous person.
(h) Inability to engage in complementary and alternative health care practices with
reasonable safety to complementary and alternative health care clients.
(i) The habitual overindulgence in the use of or the dependence on intoxicating liquors.
(j) Improper or unauthorized personal or other use of any legend drugs as defined in chapter
151, any chemicals as defined in chapter 151, or any controlled substance as defined in chapter
152.
(k) Revealing a communication from, or relating to, a complementary and alternative health
care client except when otherwise required or permitted by law.
(l) Failure to comply with a complementary and alternative health care client's request
made under sections 144.291 to 144.298 or to furnish a complementary and alternative health
care client record or report required by law.
(m) Splitting fees or promising to pay a portion of a fee to any other professional other than
for services rendered by the other professional to the complementary and alternative health
care client.
(n) Engaging in abusive or fraudulent billing practices, including violations of the federal
Medicare and Medicaid laws or state medical assistance laws.
(o) Failure to make reports as required by section 146A.03 or cooperate with an investigation
of the office.
(p) Obtaining money, property, or services from a complementary and alternative health care
client, other than reasonable fees for services provided to the client, through the use of undue
influence, harassment, duress, deception, or fraud.
(q) Undertaking or continuing a professional relationship with a complementary and
alternative health care client in which the objectivity of the unlicensed complementary and
alternative health care practitioner would be impaired.
(r) Failure to provide a complementary and alternative health care client with a copy of the
client bill of rights or violation of any provision of the client bill of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules
adopted under those sections.
(u) Failure to comply with any additional disciplinary grounds established by the
commissioner by rule.
(v) Revocation, suspension, restriction, limitation, or other disciplinary action against any
health care license, certificate, registration, or right to practice of the unlicensed complementary
and alternative health care practitioner in this or another state or jurisdiction for offenses that
would be subject to disciplinary action in this state or failure to report to the office that charges
regarding the practitioner's license, certificate, registration, or right of practice have been brought
in this or another state or jurisdiction.
(w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any other
words, letters, or insignia to describe the complementary and alternative health care practices
the practitioner provides.
(x) Failure to provide a complementary and alternative health care client with a
recommendation that the client see a health care provider who is licensed or registered by a
health-related licensing board or the commissioner of health, if there is a reasonable likelihood
that the client needs to be seen by a licensed or registered health care provider.
    Subd. 2. Less customary approach. The fact that a complementary and alternative health
care practice may be a less customary approach to health care shall not constitute the basis of a
disciplinary action per se.
    Subd. 3. Evidence. In disciplinary actions alleging a violation of subdivision 1, paragraph
(a), (b), (c), or (g), a copy of the judgment or proceeding under the seal of the court administrator
or of the administrative agency that entered the same is admissible into evidence without further
authentication and constitutes prima facie evidence of its contents.
    Subd. 4. Examination; access to medical data. (a) If the commissioner has probable cause
to believe that an unlicensed complementary and alternative health care practitioner has engaged
in conduct prohibited by subdivision 1, paragraph (g), (h), (i), or (j), the commissioner may issue
an order directing the practitioner to submit to a mental or physical examination or chemical
dependency evaluation. For the purpose of this subdivision, every unlicensed complementary
and alternative health care practitioner is deemed to have consented to submit to a mental
or physical examination or chemical dependency evaluation when ordered to do so in writing
by the commissioner and further to have waived all objections to the admissibility of the
testimony or examination reports of the health care provider performing the examination or
evaluation on the grounds that the same constitute a privileged communication. Failure of an
unlicensed complementary and alternative health care practitioner to submit to an examination or
evaluation when ordered, unless the failure was due to circumstances beyond the practitioner's
control, constitutes an admission that the unlicensed complementary and alternative health care
practitioner violated subdivision 1, paragraph (g), (h), (i), or (j), based on the factual specifications
in the examination or evaluation order and may result in a default and final disciplinary order
being entered after a contested case hearing. An unlicensed complementary and alternative health
care practitioner affected under this paragraph shall at reasonable intervals be given an opportunity
to demonstrate that the practitioner can resume the provision of complementary and alternative
health care practices with reasonable safety to clients. In any proceeding under this paragraph,
neither the record of proceedings nor the orders entered by the commissioner shall be used against
an unlicensed complementary and alternative health care practitioner in any other proceeding.
(b) In addition to ordering a physical or mental examination or chemical dependency
evaluation, the commissioner may, notwithstanding section 13.384; 144.651; 595.02; or any
other law limiting access to medical or other health data, obtain medical data and health records
relating to an unlicensed complementary and alternative health care practitioner without the
practitioner's consent if the commissioner has probable cause to believe that a practitioner has
engaged in conduct prohibited by subdivision 1, paragraph (g), (h), (i), or (j). The medical data
may be requested from a provider as defined in section 144.291, subdivision 2, paragraph (h), an
insurance company, or a government agency, including the Department of Human Services. A
provider, insurance company, or government agency shall comply with any written request of
the commissioner under this subdivision and is not liable in any action for damages for releasing
the data requested by the commissioner if the data are released pursuant to a written request
under this subdivision, unless the information is false and the person or organization giving the
information knew or had reason to believe the information was false. Information obtained under
this subdivision is private data under section 13.41.
History: 1999 c 227 s 22; 2000 c 460 s 17; 2005 c 56 s 1; 2007 c 147 art 10 s 15

146A.09 DISCIPLINARY ACTIONS.
    Subdivision 1. Forms of disciplinary action. When the commissioner finds that an
unlicensed complementary and alternative health care practitioner has violated any provision of
this chapter, the commissioner may take one or more of the following actions, only against
the individual practitioner:
(1) revoke the right to practice;
(2) suspend the right to practice;
(3) impose limitations or conditions on the practitioner's provision of complementary and
alternative health care practices, impose rehabilitation requirements, or require practice under
supervision;
(4) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of
the civil penalty to be fixed so as to deprive the practitioner of any economic advantage gained
by reason of the violation charged or to reimburse the office for all costs of the investigation
and proceeding;
(5) censure or reprimand the practitioner;
(6) impose a fee on the practitioner to reimburse the office for all or part of the cost of the
proceedings resulting in disciplinary action including, but not limited to, the amount paid by
the office for services from the Office of Administrative Hearings, attorney fees, court reports,
witnesses, reproduction of records, staff time, and expense incurred by the staff of the Office of
Unlicensed Complementary and Alternative Health Care Practice; or
(7) any other action justified by the case.
    Subd. 2. Discovery; subpoenas. In all matters relating to the lawful activities of the
office, the commissioner may issue subpoenas and compel the attendance of witnesses and the
production of all necessary papers, books, records, documents, and other evidentiary material.
Any person failing or refusing to appear or testify regarding any matter about which the person
may be lawfully questioned or failing to produce any papers, books, records, documents, or
other evidentiary materials in the matter to be heard, after having been required by order of
the commissioner or by a subpoena of the commissioner to do so may, upon application to the
district court in any district, be ordered to comply with the order or subpoena. The commissioner
may administer oaths to witnesses or take their affirmation. Depositions may be taken within or
without the state in the manner provided by law for the taking of depositions in civil actions. A
subpoena or other process may be served upon a person it names anywhere within the state by
any officer authorized to serve subpoenas or other process in civil actions in the same manner as
prescribed by law for service of process issued out of the district court of this state.
    Subd. 3. Hearings. If the commissioner proposes to take action against the practitioner as
described in subdivision 1, the commissioner must first notify the practitioner against whom the
action is proposed to be taken and provide the practitioner with an opportunity to request a
hearing under the contested case provisions of chapter 14. If the practitioner does not request a
hearing by notifying the commissioner within 30 days after service of the notice of the proposed
action, the commissioner may proceed with the action without a hearing.
    Subd. 4. Reinstatement. The commissioner may at the commissioner's discretion reinstate
the right to practice and may impose any disciplinary measure listed under subdivision 1.
    Subd. 5. Temporary suspension. In addition to any other remedy provided by law, the
commissioner may, acting through a person to whom the commissioner has delegated this
authority and without a hearing, temporarily suspend the right of an unlicensed complementary
and alternative health care practitioner to practice if the commissioner's delegate finds that
the practitioner has violated a statute or rule that the commissioner is empowered to enforce
and continued practice by the practitioner would create a serious risk of harm to others. The
suspension is in effect upon service of a written order on the practitioner specifying the statute or
rule violated. The order remains in effect until the commissioner issues a final order in the matter
after a hearing or upon agreement between the commissioner and the practitioner. Service of the
order is effective if the order is served on the practitioner or counsel of record personally or by
first class mail. Within ten days of service of the order, the commissioner shall hold a hearing on
the sole issue of whether there is a reasonable basis to continue, modify, or lift the suspension.
Evidence presented by the office or practitioner shall be in affidavit form only. The practitioner or
the counsel of record may appear for oral argument. Within five working days after the hearing,
the commissioner shall issue the commissioner's order and, if the suspension is continued,
schedule a contested case hearing within 45 days after issuance of the order. The administrative
law judge shall issue a report within 30 days after closing of the contested case hearing record.
The commissioner shall issue a final order within 30 days after receipt of that report.
    Subd. 6. Automatic suspension. The right of an unlicensed complementary and alternative
health care practitioner to practice is automatically suspended if (1) a guardian of an unlicensed
complementary and alternative health care practitioner is appointed by order of a court under
sections 524.5-101 to 524.5-502, or (2) the practitioner is committed by order of a court pursuant
to chapter 253B. The right to practice remains suspended until the practitioner is restored to
capacity by a court and, upon petition by the practitioner, the suspension is terminated by the
commissioner after a hearing or upon agreement between the commissioner and the practitioner.
    Subd. 7. Licensed or regulated practitioners. If a practitioner investigated under this
section is licensed or registered by the commissioner of health or a health-related licensing
board, is subject to the jurisdiction of the commissioner under section 146A.01, subdivision
6 , paragraph (a), clause (1), item (ii), and the commissioner determines that the practitioner
has violated any provision of this chapter, the commissioner, in addition to taking disciplinary
action under this section:
(1) may, if the practitioner is licensed or regulated in another capacity by the commissioner,
take further disciplinary action against the practitioner in that capacity; or
(2) shall, if the practitioner is licensed or registered in another capacity by a health-related
licensing board, report the commissioner's findings under this section, and may make a nonbinding
recommendation that the board take further action against the practitioner in that capacity.
History: 2000 c 460 s 18; 2004 c 146 art 3 s 47

146A.10 ADDITIONAL REMEDIES.
    Subdivision 1. Cease and desist. (a) The commissioner may issue a cease and desist order
to stop a person from violating or threatening to violate a statute, rule, or order which the office
has issued or is empowered to enforce. The cease and desist order must state the reason for its
issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If,
within 15 days of service of the order, the subject of the order fails to request a hearing in writing,
the order is the final order of the commissioner and is not reviewable by a court or agency.
(b) A hearing must be initiated by the office not later than 30 days from the date of the
office's receipt of a written hearing request. Within 30 days of receipt of the administrative
law judge's report, the commissioner shall issue a final order modifying, vacating, or making
permanent the cease and desist order as the facts require. The final order remains in effect until
modified or vacated by the commissioner.
(c) When a request for a stay accompanies a timely hearing request, the commissioner may,
in the commissioner's discretion, grant the stay. If the commissioner does not grant a requested
stay, the commissioner shall refer the request to the Office of Administrative Hearings within
three working days of receipt of the request. Within ten days after receiving the request from the
commissioner, an administrative law judge shall issue a recommendation to grant or deny the stay.
The commissioner shall grant or deny the stay within five days of receiving the administrative
law judge's recommendation.
(d) In the event of noncompliance with a cease and desist order, the commissioner may
institute a proceeding in Hennepin County District Court to obtain injunctive relief or other
appropriate relief, including a civil penalty payable to the office not exceeding $10,000 for each
separate violation.
    Subd. 2. Injunctive relief. In addition to any other remedy provided by law, including
the issuance of a cease and desist order under subdivision 1, the commissioner may in the
commissioner's own name bring an action in Hennepin County District Court for injunctive
relief to restrain an unlicensed complementary and alternative health care practitioner from
a violation or threatened violation of any statute, rule, or order which the commissioner is
empowered to regulate, enforce, or issue. A temporary restraining order must be granted in the
proceeding if continued activity by a practitioner would create a serious risk of harm to others.
The commissioner need not show irreparable harm.
    Subd. 3. Additional powers. The issuance of a cease and desist order or injunctive relief
granted under this section does not relieve a practitioner from criminal prosecution by a competent
authority or from disciplinary action by the commissioner.
History: 2000 c 460 s 19

146A.11 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT BILL
OF RIGHTS.
    Subdivision 1. Scope. All unlicensed complementary and alternative health care practitioners
shall provide to each complementary and alternative health care client prior to providing treatment
a written copy of the complementary and alternative health care client bill of rights. A copy
must also be posted in a prominent location in the office of the unlicensed complementary and
alternative health care practitioner. Reasonable accommodations shall be made for those clients
who cannot read or who have communication impairments and those who do not read or speak
English. The complementary and alternative health care client bill of rights shall include the
following:
(1) the name, complementary and alternative health care title, business address, and
telephone number of the unlicensed complementary and alternative health care practitioner;
(2) the degrees, training, experience, or other qualifications of the practitioner regarding the
complimentary and alternative health care being provided, followed by the following statement in
bold print:
"THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND
TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE
HEALTH CARE PRACTITIONERS. THIS STATEMENT OF CREDENTIALS IS FOR
INFORMATION PURPOSES ONLY.
Under Minnesota law, an unlicensed complementary and alternative health care practitioner
may not provide a medical diagnosis or recommend discontinuance of medically prescribed
treatments. If a client desires a diagnosis from a licensed physician, chiropractor, or acupuncture
practitioner, or services from a physician, chiropractor, nurse, osteopath, physical therapist,
dietitian, nutritionist, acupuncture practitioner, athletic trainer, or any other type of health care
provider, the client may seek such services at any time.";
(3) the name, business address, and telephone number of the practitioner's supervisor, if any;
(4) notice that a complementary and alternative health care client has the right to file a
complaint with the practitioner's supervisor, if any, and the procedure for filing complaints;
(5) the name, address, and telephone number of the office of unlicensed complementary and
alternative health care practice and notice that a client may file complaints with the office;
(6) the practitioner's fees per unit of service, the practitioner's method of billing for such
fees, the names of any insurance companies that have agreed to reimburse the practitioner, or
health maintenance organizations with whom the practitioner contracts to provide service,
whether the practitioner accepts Medicare, medical assistance, or general assistance medical care,
and whether the practitioner is willing to accept partial payment, or to waive payment, and in
what circumstances;
(7) a statement that the client has a right to reasonable notice of changes in services or
charges;
(8) a brief summary, in plain language, of the theoretical approach used by the practitioner in
providing services to clients;
(9) notice that the client has a right to complete and current information concerning the
practitioner's assessment and recommended service that is to be provided, including the expected
duration of the service to be provided;
(10) a statement that clients may expect courteous treatment and to be free from verbal,
physical, or sexual abuse by the practitioner;
(11) a statement that client records and transactions with the practitioner are confidential,
unless release of these records is authorized in writing by the client, or otherwise provided by law;
(12) a statement of the client's right to be allowed access to records and written information
from records in accordance with sections 144.291 to 144.298;
(13) a statement that other services may be available in the community, including where
information concerning services is available;
(14) a statement that the client has the right to choose freely among available practitioners
and to change practitioners after services have begun, within the limits of health insurance,
medical assistance, or other health programs;
(15) a statement that the client has a right to coordinated transfer when there will be a
change in the provider of services;
(16) a statement that the client may refuse services or treatment, unless otherwise provided
by law; and
(17) a statement that the client may assert the client's rights without retaliation.
    Subd. 2. Acknowledgment by client. Prior to the provision of any service, a complementary
and alternative health care client must sign a written statement attesting that the client has
received the complementary and alternative health care client bill of rights.
History: 2000 c 460 s 20; 2007 c 147 art 10 s 15