.................... moves to amend H.F. No. 1724 as follows:
Delete everything after the enacting clause and insert:
Section 1. [147E.01] DEFINITIONS.
1.6 Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.7 Subd. 2. Advisory council. "Advisory council" means the Registered Naturopathic
1.8Doctor Advisory Council established under section 147E.35.
1.9 Subd. 3. Approved naturopathic medical program. "Approved naturopathic
1.10medical program" means a naturopathic medical education program in the United States
1.11or Canada and meets the requirements for accreditation by the Council on Naturopathic
1.12Medical Education (CNME) or an equivalent federally recognized accrediting body for
1.13the naturopathic medical profession recognized by the board. This program must offer
1.14graduate-level full-time didactic and supervised clinical training leading to the degree
1.15of Doctor of Naturopathy or Doctor of Naturopathic Medicine. The program must be
1.16an institution, or part of an institution, of higher education that at the time the student
1.17completes the program is:
1.18 (1) either accredited or is a candidate for accreditation by a regional institution
1.19accrediting agency recognized by the United States Secretary of Education; or
1.20 (2) a degree granting college or university that prior to the existence of CNME
1.21offered a full-time structured curriculum in basic sciences and supervised patient care
1.22comprising a doctoral naturopathic medical education that is at least 132 weeks in
1.23duration, must be completed in at least 35 months, and is reputable and in good standing
1.24in the judgment of the board.
1.25 Subd. 4. Board. "Board" means the Board of Medical Practice or its designee.
2.1 Subd. 5. Contact hour. "Contact hour" means an instructional session of 50
2.2consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
2.4 Subd. 6. Homeopathic preparations. "Homeopathic preparations" means
2.5medicines prepared according to the Homeopathic Pharmacopoeia of the United States.
2.6 Subd. 7. Registered naturopathic doctor. "Registered naturopathic doctor" means
2.7a person authorized and registered to practice naturopathic medicine under this chapter.
2.8 Subd. 8. Minor office procedures. "Minor office procedures" means the use
2.9of operative, electrical, or other methods for the surgical repair and care incidental to
2.10superficial lacerations and abrasions, superficial lesions, and the removal of foreign
2.11bodies located in the superficial tissues and the use of antiseptics and local anesthetics
2.12in connection with such methods, except that it shall not include general or spinal
2.13anesthetics, major surgery, surgery of the body cavities, or specialized surgeries such as
2.14plastic surgery, surgery involving the eye, or surgery when tendons are involved.
2.15 Subd. 9. Naturopathic childbirth. "Naturopathic childbirth" means natural
2.16childbirth which includes the use of natural obstetrical medicines, ophthalmic antibiotics,
2.17obstetrical emergency medicines, and minor office procedures including episiotomies and
2.18repair of first and second degree perineal tears, but which does not include the use of
2.19forceps delivery, general or spinal anesthesia, or cesarean section.
2.20 Subd. 10. Naturopathic licensing examination. "Naturopathic licensing
2.21examination" means the Naturopathic Physicians Licensing Examination or its successor
2.22administered by the North American Board of Naturopathic Examiners or its successor as
2.23recognized by the board.
2.24 Subd. 11. Naturopathic medicine. "Naturopathic medicine" means a system of
2.25primary health care practiced by registered naturopathic doctors for the prevention,
2.26diagnosis, and treatment of human health conditions, injuries, and diseases that uses:
2.27 (1) medical diagnostics and treatments as described in section 147E.05; and
2.28 (2) natural health procedures and treatments that do not require licensure as defined
2.29in chapter 146A.
2.30 Subd. 12. Naturopathic physical medicine. "Naturopathic physical medicine"
2.31includes, but is not limited to, the therapeutic use of the physical agents of air, water,
2.32heat, cold, sound, light, and electromagnetic nonionizing radiation and the physical
2.33modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy,
3.1massage, stretching, colon hydrotherapy, frequency specific microcurrent, electrical
3.2muscle stimulation, transcutaneous electrical nerve stimulation, and therapeutic exercise.
Sec. 2. [147E.05] SCOPE OF PRACTICE.
3.4 Subdivision 1. Practice parameters. (a) The practice of naturopathic medicine by a
3.5registered naturopathic doctor includes, but is not limited to, the following services:
3.6 (1) ordering, administering, prescribing, or dispensing for preventive and
3.7therapeutic purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino
3.8acids, enzymes, botanicals and their extracts, botanical medicines, herbal remedies,
3.9homeopathic medicines, all dietary supplements and nonprescription drugs as defined
3.10by the federal Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle
3.11counseling, hypnotherapy, biofeedback, dietary therapy, electrotherapy, ultrasound,
3.12galvanic therapy, naturopathic physical medicine, oxygen, therapeutic devices, barrier
3.13devices for contraception, and minor office procedures, including obtaining specimens to
3.14diagnose and treat disease;
3.15 (2) performing or ordering for diagnostic purposes physical and orificial
3.16examinations, electrocardiograms, ultrasound, phlebotomy, clinical laboratory tests and
3.17examinations, and physiological function tests;
3.18 (3) ordering diagnostic imaging studies including x-ray, CT scan, MRI, ultrasound,
3.19mammogram, bone densitometry, and referring the studies to an appropriately licensed
3.20health care professional to conduct the study and interpret the results;
3.21 (4) prescribing nonprescription medications and therapeutic devices or ordering
3.22noninvasive diagnostic procedures commonly used by physicians in general practice;
3.23 (5) utilizing routes of administration that include oral, nasal, auricular, ocular, rectal,
3.24vaginal, transdermal, intradermal, subcutaneous, intravenous, and intramuscular;
3.25 (6) prescribing or performing naturopathic physical medicine; and
3.26 (7) prescribing all legend and schedule III, IV, and V controlled substances.
3.27 (b) A registered naturopathic doctor may prescribe any of the following:
3.28 (1) hormones, including steroids, contraceptives, HRT, calcitonin, and thyroid;
3.29 (2) antibiotics, including antibiotics, antifungals, antiparasitics, and antivirals;
3.30 (3) injectable nutrient substances and biological substances, including vitamins,
3.31minerals, amino acids, and sugars;
3.32 (4) blood products and intravenous heavy metal therapies including EDTA and
3.34 (5) contraceptive barrier devices;
3.35 (6) local anesthetics;
4.1 (7) oxygen; and
4.2 (8) epinephrine.
4.3 (c) A registered naturopathic doctor may admit patients to a hospital if the
4.4naturopathic doctor meets the hospital's governing body requirements regarding
4.5credentialing and privileging process.
4.6 Subd. 2. Prohibitions on practice. (a) The practice of naturopathic medicine
4.7does not include:
4.8 (1) administering therapeutic ionizing radiation or radioactive substances;
4.9 (2) administering general or spinal anesthesia;
4.10 (3) prescribing, dispensing, or administering schedule II controlled substances,
4.11including chemotherapeutic substances;
4.12 (4) performing major surgery, plastic surgery, or specialized surgeries; or
4.13 (5) performing or inducing abortions.
4.14 (b) A naturopathic physician registered under this chapter shall not perform surgical
4.15procedures using a laser device or perform surgical procedures involving the eye, ear,
4.16tendons, nerves, veins, or arteries extending beyond superficial tissue. A naturopathic
4.17physician shall not practice or claim to practice as a medical doctor, osteopath, dentist,
4.18podiatrist, optometrist, psychologist, advanced practice professional nurse, physician
4.19assistant, chiropractor, physical therapist, acupuncturist, or any other health care
4.20professional, unless the naturopathic physician also holds a license or registration for
4.21another health care practice profession.
Sec. 3. [147E.06] PROFESSIONAL CONDUCT.
4.23 Subdivision 1. Informed consent. The registered naturopathic doctor shall obtain
4.24informed consent from the patient prior to initiating treatment and after advising the
4.25patient of the naturopathic doctor's qualifications including education, registration
4.26information, and outline of the scope of practice of registered naturopathic doctors in
4.27Minnesota. This information must be supplied to the patient in writing before or at the
4.28time of the initial visit. The registrant shall present treatment facts and options accurately
4.29to the patient or to the individual responsible for the patient's care and make treatment
4.30recommendations according to standards of good naturopathic medical practice.
4.31 Subd. 2. Patient records. (a) A registered naturopathic doctor shall maintain a
4.32record for seven years for each patient treated, including:
4.33 (1) a copy of the informed consent;
4.34 (2) evidence of a patient interview concerning the patient's medical history and
4.35current physical condition;
5.1 (3) evidence of an examination and diagnosis;
5.2 (4) record of the treatment; and
5.3 (5) evidence of evaluation and instructions given to the patient, including
5.4acknowledgment by the patient in writing that, if deemed necessary by the registered
5.5naturopathic doctor, the patient has been advised to consult with another health care
5.7 (b) A registered naturopathic doctor shall maintain the records of minor patients for
5.8seven years or until the minor's 19th birthday, whichever is longer.
5.9 Subd. 3. Data practices. Data maintained on a naturopathic patient by a registered
5.10naturopathic doctor is subject to section 144.335.
5.11 Subd. 4. State and municipal public health regulations. A registered naturopathic
5.12doctor shall comply with all applicable state and municipal requirements regarding
Sec. 4. [147E.10] REGISTRATION.
5.15 Subdivision 1. Registration required. After July 1, 2008, persons who practice
5.16naturopathic medicine, or represent themselves as practicing naturopathic medicine by
5.17use of a term in subdivision 2, shall conspicuously display the registration in the place of
5.19 Subd. 2. Designation. No individual may use the title "registered naturopathic
5.20doctor," "naturopathic doctor," "doctor of naturopathic medicine," or use, in connection
5.21with the individual's name, the letters "N.D." and "L.N.D.," or any other titles, words,
5.22letters, abbreviations, or insignia indicating or implying that the individual is eligible for
5.23registration by the state as a registered naturopath or a registered naturopathic doctor
5.24unless the individual has been registered as a registered naturopathic doctor according
5.25to this chapter.
5.26 Subd. 3. Other health care practitioners. Nothing in this chapter may be construed
5.27to prohibit or to restrict:
5.28 (1) the practice of a profession by individuals who are licensed, certified, or
5.29registered under other laws of this state and are performing services within their authorized
5.30scope of practice or unlicensed complementary and alternative health care under chapter
5.32 (2) the practice of naturopathic medicine by an individual licensed, registered, or
5.33certified in another state and employed by the government of the United States while the
6.1individual is engaged in the performance of duties prescribed by the laws and regulations
6.2of the United States;
6.3 (3) the practice by a naturopathic physician duly licensed, registered, or certified
6.4in another state, territory, or the District of Columbia when incidentally called into this
6.5state for consultation with a Minnesota licensed physician or Minnesota registered
6.7 (4) the practice of naturopathic medicine by students enrolled in an approved
6.8naturopathic medical college if the performance of services is according to a course of
6.9instruction or assignments from, and under the supervision of an instructor who is a
6.10licensed physician, osteopath, chiropractor, or registered naturopathic doctor;
6.11 (5) an individual rendering aid in an emergency, when no fee or other consideration
6.12for the service is charged, received, expected, or contemplated;
6.13 (6) an individual administering a remedy to a family member;
6.14 (7) a person engaged in the sale of vitamins, health foods, dietary supplements, and
6.15other products of nature, the sale of which is not otherwise prohibited under state or
6.16federal law except that this clause does not:
6.17 (i) allow that person to diagnose any human disease, ailment, injury, infirmity,
6.18deformity, or other condition; or
6.19 (ii) prohibit providing truthful and nonmisleading information regarding anything
6.20in this chapter;
6.21 (8) a person engaged in good faith in the practice of religious tenets of any religious
6.22belief, without the use of prescription drugs;
6.23 (9) a person acting in good faith for religious reasons as a matter of conscience or as
6.24a personal belief when obtaining or providing information regarding health care and the
6.25use of any product under clause (7); and
6.26 (10) persons not registered by this chapter from the use of individual modalities
6.27which comprise the practice of naturopathic medicine, such as the use of nutritional
6.28supplements, herbs, foods, homeopathic preparations, and physical forces such as heat,
6.29cold, water, touch, and light.
6.30 Subd. 4. Penalty. A person violating subdivision 2 is guilty of a gross misdemeanor.
Sec. 5. [147E.15] REGISTRATION REQUIREMENTS.
6.32 Subdivision 1. General requirements for licensure. To be eligible for registration,
6.33an applicant must:
6.34 (1) submit a completed application on forms provided by the board along with all
6.35fees required under section 147E.40 that includes:
7.1 (i) the applicant's name, Social Security number, home address and telephone
7.2number, and business address and telephone number;
7.3 (ii) the name and location of the naturopathic medical program the applicant
7.5 (iii) a list of degrees received from other educational institutions;
7.6 (iv) a description of the applicant's professional training beyond the first degree
7.8 (v) a list of registrations, certifications, and licenses held in other jurisdictions;
7.9 (vi) a description of any other jurisdiction's refusal to credential the applicant;
7.10 (vii) a description of all professional disciplinary actions initiated against the
7.11applicant in any jurisdiction; and
7.12 (viii) any history of drug or alcohol abuse, and any misdemeanor or felony
7.14 (2) submit a copy of a diploma from an approved naturopathic medical education
7.16 (3) have successfully passed the Naturopathic Physicians Licensing Examination,
7.17a competency-based national naturopathic licensing examination administered by the
7.18North American Board of Naturopathic Examiners or successor agency as recognized
7.19by the board; passing scores are determined by the Naturopathic Physicians Licensing
7.21 (4) submit additional information as requested by the board, including providing
7.22any additional information necessary to ensure that the applicant is able to practice with
7.23reasonable skill and safety to the public;
7.24 (5) sign a statement that the information in the application is true and correct to the
7.25best of the applicant's knowledge and belief; and
7.26 (6) sign a waiver authorizing the board to obtain access to the applicant's records
7.27in this or any other state in which the applicant has completed an approved naturopathic
7.28medical program or engaged in the practice of naturopathic medicine.
7.29 Subd. 2. Registration by endorsement; reciprocity. (a) To be eligible for
7.30registration by endorsement or reciprocity, the applicant must hold a current naturopathic
7.31license, registration, or certification in another state, Canadian province, the District of
7.32Columbia, or territory of the United States, whose standards for licensure, registration, or
7.33certification are at least equivalent to those of Minnesota, and must:
7.34 (1) submit the application materials and fees as required by subdivision 1, clauses
7.35(1), (2), and (4) to (6);
7.36 (2) have successfully passed either:
8.1 (i) the Naturopathic Physicians Licensing Examination; or
8.2 (ii) if prior to 1986, the state or provincial naturopathic board licensing examination
8.3required by that regulating state or province;
8.4 (3) provide a verified copy from the appropriate government body of a current
8.5license, registration, or certification for the practice of naturopathic medicine in another
8.6jurisdiction that has initial licensing, registration, or certification requirements equivalent
8.7to or higher than the requirements in subdivision 1; and
8.8 (4) provide letters of verification from the appropriate government body in each
8.9jurisdiction in which the applicant holds a license, registration, or certification. Each letter
8.10must state the applicant's name, date of birth, license, registration, or certification number,
8.11date of issuance, a statement regarding disciplinary actions, if any, taken against the
8.12applicant, and the terms under which the license, registration, or certification was issued.
8.13 (b) An applicant applying for license, registration, or certification by endorsement
8.14must be licensed, registered, or certified in another state or Canadian province
8.15prior to January 1, 2005, and have completed a 60-hour course and examination in
8.17 Subd. 3. Temporary registration. The board may issue a temporary registration to
8.18practice as a registered naturopathic doctor to an applicant who is licensed, registered, or
8.19certified in another state or Canadian province and is eligible for registration under this
8.20section, if the application for registration is complete, all applicable requirements in this
8.21section have been met, and a nonrefundable fee has been paid. The temporary registration
8.22remains valid only until the meeting of the board at which time a decision is made on the
8.23registered naturopathic doctor's application for registration.
8.24 Subd. 4. Registration expiration. Registrations issued under this chapter expire
8.26 Subd. 5. Renewal. (a) To be eligible for registration renewal a registrant must:
8.27 (1) annually, or as determined by the board, complete a renewal application on a
8.28form provided by the board;
8.29 (2) submit the renewal fee;
8.30 (3) provide evidence of a total of 25 hours of continuing education approved by the
8.31board as described in section 147E.25; and
8.32 (4) submit any additional information requested by the board to clarify information
8.33presented in the renewal application. The information must be submitted within 30 days
8.34after the board's request, or the renewal request is nullified.
9.1 Subd. 6. Change of address. A registrant who changes addresses must inform
9.2the board within 30 days, in writing, of the change of address. All notices or other
9.3correspondence mailed to or served on a registrant by the board are considered as having
9.4been received by the registrant.
9.5 Subd. 7. Registration renewal notice. At least 45 days before the registration
9.6renewal date, the board shall send out a renewal notice to the last known address of the
9.7registrant on file. The notice must include a renewal application and a notice of fees
9.8required for renewal or instructions for online renewal. It must also inform the registrant
9.9that registration will expire without further action by the board if an application for
9.10registration renewal is not received before the deadline for renewal. The registrant's
9.11failure to receive this notice does not relieve the registrant of the obligation to meet the
9.12deadline and other requirements for registration renewal. Failure to receive this notice is
9.13not grounds for challenging expiration of registration status.
9.14 Subd. 8. Renewal deadline. The renewal application and fee must be postmarked
9.15on or before December 31 of the year of renewal. If the postmark is illegible, the
9.16application is considered timely if received by the third working day after the deadline.
9.17 Subd. 9. Inactive status and return to active status. (a) A registrant may be
9.18placed in inactive status upon application to the board by the registrant and upon payment
9.19of an inactive status fee.
9.20 (b) Registrants seeking restoration to active from inactive status must pay the current
9.21renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
9.22specified in subdivision 5, including continuing education hours.
9.23 (c) Registrants whose inactive status period has been five years or longer must
9.24additionally have a period of no less than eight weeks of advisory council-approved
9.25supervision by another registered naturopathic doctor.
9.26 Subd. 10. Registration following lapse of registration status for two years or
9.27less. For any individual whose registration status has lapsed for two years or less, to
9.28regain registration status, the individual must:
9.29 (1) apply for registration renewal according to subdivision 5;
9.30 (2) document compliance with the continuing education requirements of section
9.31147E.25 since the registrant's initial registration or last renewal; and
9.32 (3) submit the fees required under section 147E.40 for the period not registered,
9.33including the fee for late renewal.
10.1 Subd. 11. Cancellation due to nonrenewal. The board shall not renew, reissue,
10.2reinstate, or restore a registration that has lapsed and has not been renewed within two
10.3annual registration renewal cycles starting January 2007. A registrant whose registration
10.4is canceled for nonrenewal must obtain a new registration by applying for registration
10.5and fulfilling all requirements then in existence for initial registration as a registered
10.7 Subd. 12. Cancellation of registration in good standing. (a) A registrant holding
10.8an active registration as a registered naturopathic doctor in the state may, upon approval
10.9of the board, be granted registration cancellation if the board is not investigating the
10.10person as a result of a complaint or information received or if the board has not begun
10.11disciplinary proceedings against the registrant. Such action by the board must be reported
10.12as a cancellation of registration in good standing.
10.13 (b) A registrant who receives board approval for registration cancellation is not
10.14entitled to a refund of any registration fees paid for the registration year in which
10.15cancellation of the registration occurred.
10.16 (c) To obtain registration after cancellation, a registrant must obtain a new
10.17registration by applying for registration and fulfilling the requirements then in existence
10.18for obtaining initial registration as a registered naturopathic doctor.
10.19 Subd. 13. Emeritus status of registration. A registrant may change the status of
10.20the registration to "emeritus" by filing the appropriate forms and paying the onetime
10.21fee of $50 to the board. This status allows the registrant to retain the title of registered
10.22naturopathic doctor but restricts the registrant from actively seeing patients.
10.23 Subd. 14. Naturopathic childbirth certification. (a) To be certified in naturopathic
10.24childbirth, a registered naturopathic doctor shall:
10.25 (1) pass either the American College of Naturopathic Obstetricians examination in
10.26natural childbirth, or the North American Registry of Midwives examination in midwifery,
10.27according to the standards set by the American College of Naturopathic Obstetricians or
10.28the North American Registry of Midwives for the respective examination;
10.29 (2) submit written documentation that the doctor has actively managed 50 births,
10.3050 prenatal visits, and 50 postpartum visits, under the direct supervision of a licensed
10.31physician, osteopath, naturopathic doctor, or other practitioner of natural childbirth who is
10.32legally recognized in the state or region in which such person practices;
10.33 (3) be a member of the American College of Naturopathic Obstetricians or its
11.1 (4) follow a written plan for registered naturopathic doctors practicing naturopathic
11.2childbirth containing guidelines by which the registered naturopathic doctor will refer
11.3patients to a physician and will consult with a physician practicing obstetrical care. The
11.4registrant shall supply a copy of the written plan upon request to the board. The plan must
11.5be reviewed on an annual basis by the registrant.
11.6 (b) The certificate of specialty practice in naturopathic childbirth expires
11.7concurrently with the registrant's naturopathic doctor's registration. The certificate may
11.8be renewed upon submission of the renewal fee and evidence of the completion of 15
11.9hours of continuing education credits in naturopathic childbirth, midwifery, obstetrics,
11.10or neonatal resuscitation, of which eight may be applied toward the general naturopathic
11.11doctor's continuing education requirement. This is in addition to the continuing education
11.12requirements in section 147E.25.
11.13 (c) Registrants obtaining specialty certification under this subdivision shall submit
11.14the current fee for specialty certification at each renewal period.
11.15 (d) Only registered naturopathic doctors who have completed all requirements in
11.16paragraph (a), and who hold specialty certification in naturopathic childbirth may practice
11.18 (e) Registered naturopathic doctors practicing naturopathic childbirth may order,
11.19dispense, obtain, and administer the following for birth-related care: lab work including
11.20blood work and specimens for routine obstetric care, obstetric ultrasound, vitamin K,
11.21prophylactic eye ointment for neonates, antihemorrhagic medicines including pitocin
11.22and methergine, IV fluids, lidocaine for first and second degree lacerations, oxygen, and
11.23intravenous antibiotics for group B strep prophylaxis.
Sec. 6. [147E.20] BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
11.25 (a) The board shall act on each application for registration according to paragraphs
11.26(b) to (d).
11.27 (b) The board shall determine if the applicant meets the requirements for registration
11.28under section 147E.15. The board or advisory council may investigate information
11.29provided by an applicant to determine whether the information is accurate and complete.
11.30 (c) The board shall notify each applicant in writing of action taken on the application,
11.31the grounds for denying registration if registration is denied, and the applicant's right
11.32to review under paragraph (d).
11.33 (d) Applicants denied registration may make a written request to the board, within
11.3430 days of the board's notice, to appear before the advisory council or the board and for
11.35the advisory council to review the board's decision to deny the applicant's registration.
12.1After reviewing the denial, the advisory council shall make a recommendation to the board
12.2as to whether the denial shall be affirmed. Each applicant is allowed only one request
12.3for review each yearly registration period.
Sec. 7. [147E.25] CONTINUING EDUCATION REQUIREMENT.
12.5 Subdivision 1. Number of required contact hours. (a) A registrant applying for
12.6registration renewal must complete a minimum of 25 contact hours of board-approved
12.7continuing education in the year preceding registration renewal, with the exception of
12.8the registrant's first incomplete year, and attest to completion of continuing education
12.9requirements by reporting to the board.
12.10 (b) Of the 25 contact hours of continuing education requirement in paragraph (a), at
12.11least five hours of continuing education must be in pharmacotherapeutics.
12.12 Subd. 2. Approved programs. The board shall approve continuing education
12.13programs that have been approved for continuing education credit by the American
12.14Association of Naturopathic Physicians or any of its constituent state associations, the
12.15American Chiropractic Association or any of its constituent state associations, the
12.16American Osteopathic Association Bureau of Professional Education, the American
12.17Pharmacists Association or any of its constituent state associations, or an organization
12.18approved by the Accreditation Council for Continuing Medical Education.
12.19 Subd. 3. Approval of continuing education programs. The board shall also
12.20approve continuing education programs that do not meet the requirements of subdivision 2
12.21but meet the following criteria:
12.22 (1) the program content directly relates to the practice of naturopathic medicine;
12.23 (2) each member of the program faculty is knowledgeable in the subject matter as
12.24demonstrated by a degree from an accredited education program, verifiable experience in
12.25the field of naturopathic medicine, special training in the subject matter, or experience
12.26teaching in the subject area;
12.27 (3) the program lasts at least 50 minutes per contact hour;
12.28 (4) there are specific, measurable, written objectives, consistent with the program,
12.29describing the expected outcomes for the participants; and
12.30 (5) the program sponsor has a mechanism to verify participation and maintains
12.31attendance records for three years.
12.32 Subd. 4. Accumulation of contact hours. A registrant may not apply contact hours
12.33acquired in one one-year reporting period to a future continuing education reporting period.
13.1 Subd. 5. Verification of continuing education credits. The board shall periodically
13.2select a random sample of registrants and require those registrants to supply the board
13.3with evidence of having completed the continuing education to which they attested.
13.4Documentation may come directly from the registrants from state or national organizations
13.5that maintain continuing education records.
13.6 Subd. 6. Continuing education topics. Continuing education program topics
13.7may include, but are not limited to, naturopathic medical theory and techniques
13.8including diagnostic techniques, nutrition, botanical medicine, homeopathic medicine,
13.9physical medicine, lifestyle modification counseling, anatomy, physiology, biochemistry,
13.10pharmacology, pharmacognosy, microbiology, medical ethics, psychology, history of
13.11medicine, and medical terminology or coding.
13.12 Subd. 7. Restriction on continuing education topics. (a) A registrant may apply
13.13no more than five hours of practice management to a one-year reporting period.
13.14 (b) A registrant may apply no more than 15 hours to any single subject area.
13.15 Subd. 8. Continuing education exemptions. The board may exempt any person
13.16holding a registration under this chapter from the requirements of subdivision 1 upon
13.17application showing evidence satisfactory to the board of inability to comply with the
13.18requirements because of physical or mental condition or because of other unusual or
13.19extenuating circumstances. However, no person may be exempted from the requirements
13.20of subdivision 1 more than once in any five-year period.
Sec. 8. [147E.30] DISCIPLINE; REPORTING.
13.22 For purposes of this chapter, registered naturopathic doctors and applicants are
13.23subject to sections 147.091 to 147.162.
Sec. 9. [147E.35] REGISTERED NATUROPATHIC DOCTOR ADVISORY
13.26 Subdivision 1. Membership. The board shall appoint a seven-member Registered
13.27Naturopathic Doctor Advisory Council appointed by the governor consisting of one public
13.28member as defined in section 214.02, five registered naturopathic doctors who are residents
13.29of the state, and one licensed physician or osteopath with expertise in natural medicine.
13.30 Subd. 2. Organization. The advisory council shall be organized and administered
13.31under section 15.059. The council shall not expire.
13.32 Subd. 3. Duties. The advisory council shall:
13.33 (1) advise the board regarding standards for registered naturopathic doctors;
14.1 (2) provide for distribution of information regarding registered naturopathic doctors
14.3 (3) advise the board on enforcement of sections 147.091 to 147.162;
14.4 (4) review applications and recommend granting or denying registration or
14.6 (5) advise the board on issues related to receiving and investigating complaints,
14.7conducting hearings, and imposing disciplinary action in relation to complaints against
14.8registered naturopathic doctors;
14.9 (6) advise the board regarding approval of continuing education programs using the
14.10criteria in section 147E.25, subdivision 3; and
14.11 (7) perform other duties authorized for advisory councils by chapter 214, as directed
14.12by the board.
Sec. 10. [147E.40] FEES.
14.14 Subdivision 1. Fees. Fees are as follows:
14.15 (1) registration application fee, $200;
14.16 (2) renewal fee, $150;
14.17 (3) late fee, $75;
14.18 (4) inactive status fee, $50; and
14.19 (5) temporary permit fee, $25.
14.20 Subd. 2. Proration of fees. The board may prorate the initial annual registration
14.21fee. All registrants are required to pay the full fee upon registration renewal.
14.22 Subd. 3. Penalty fee for late renewals. An application for registration renewal
14.23submitted after the deadline must be accompanied by a late fee in addition to the required
14.25 Subd. 4. Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.
Sec. 11. EFFECTIVE DATE.
14.27 This article is effective July 1, 2008.
14.29 CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 2006, section 116J.70, subdivision 2a, is amended to
Subd. 2a. License; exceptions.
"Business license" or "license" does not include
(1) any occupational license or registration issued by a licensing board listed in
or any occupational registration issued by the commissioner of health
pursuant to section
(2) any license issued by a county, home rule charter city, statutory city, township, or
other political subdivision;
(3) any license required to practice the following occupation regulated by the
(i) abstracters regulated pursuant to chapter 386;
(ii) accountants regulated pursuant to chapter 326A;
(iii) adjusters regulated pursuant to chapter 72B;
(iv) architects regulated pursuant to chapter 326;
(v) assessors regulated pursuant to chapter 270;
(vi) athletic trainers regulated pursuant to chapter 148;
(vii) attorneys regulated pursuant to chapter 481;
(viii) auctioneers regulated pursuant to chapter 330;
(ix) barbers and cosmetologists regulated pursuant to chapter 154;
(x) boiler operators regulated pursuant to chapter 183;
(xi) chiropractors regulated pursuant to chapter 148;
(xii) collection agencies regulated pursuant to chapter 332;
(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
to chapter 150A;
(xiv) detectives regulated pursuant to chapter 326;
(xv) electricians regulated pursuant to chapter 326;
(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
(xvii) engineers regulated pursuant to chapter 326;
(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
(xix) certified interior designers regulated pursuant to chapter 326;
(xx) midwives regulated pursuant to chapter 147D;
(xxi) naturopathic doctors registered pursuant to chapter 147E;
nursing home administrators regulated pursuant to chapter 144A;
optometrists regulated pursuant to chapter 148;
osteopathic physicians regulated pursuant to chapter 147;
pharmacists regulated pursuant to chapter 151;
physical therapists regulated pursuant to chapter 148;
physician assistants regulated pursuant to chapter 147A;
physicians and surgeons regulated pursuant to chapter 147;
plumbers regulated pursuant to chapter 326;
podiatrists regulated pursuant to chapter 153;
practical nurses regulated pursuant to chapter 148;
professional fund-raisers regulated pursuant to chapter 309;
psychologists regulated pursuant to chapter 148;
real estate brokers, salespersons, and others regulated pursuant to
chapters 82 and 83;
registered nurses regulated pursuant to chapter 148;
securities brokers, dealers, agents, and investment advisers regulated
pursuant to chapter 80A;
steamfitters regulated pursuant to chapter 326;
teachers and supervisory and support personnel regulated pursuant
to chapter 125;
veterinarians regulated pursuant to chapter 156;
water conditioning contractors and installers regulated pursuant to
water well contractors regulated pursuant to chapter 103I;
water and waste treatment operators regulated pursuant to chapter 115;
motor carriers regulated pursuant to chapter 221;
professional firms regulated under chapter 319B;
real estate appraisers regulated pursuant to chapter 82B;
residential building contractors, residential remodelers, residential
roofers, manufactured home installers, and specialty contractors regulated pursuant
to chapter 326; or
licensed professional counselors regulated pursuant to chapter 148B;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter 86B;
(7) any license, permit, registration, certification, or other approval pertaining to a
regulatory or management program related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is required to be obtained
from a state agency or instrumentality; and
(8) any pollution control rule or standard established by the Pollution Control
Agency or any health rule or standard established by the commissioner of health or any
licensing rule or standard established by the commissioner of human services.
Sec. 2. Minnesota Statutes 2006, section 145.61, subdivision 2, is amended to read:
Subd. 2. Professional.
"Professional" means a person licensed or registered to
practice a healing art under chapter 147, 147E,
or 148, to practice dentistry under chapter
150A, to practice as a pharmacist under chapter 151, or to practice podiatry under chapter
Sec. 3. Minnesota Statutes 2006, section 146.23, subdivision 7, is amended to read:
Subd. 7. Exemption.
The provisions of subdivision 2 do not apply to physicians
and doctors of osteopathy licensed under chapter 147 or naturopathic doctors registered
17.12under chapter 147E
Sec. 4. Minnesota Statutes 2006, section 146A.01, subdivision 4, is amended to read:
Subd. 4. Complementary and alternative health care practices.
"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;
noninvasive instrumentalities; and
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
, 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
(c) Complementary and alternative health care practices do not include practices that
are permitted under section
, clause (11), or
, 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.
Sec. 5. Minnesota Statutes 2006, section 148B.60, subdivision 3, is amended to read:
Subd. 3. Unlicensed mental health practitioner or practitioner.
mental health practitioner" or "practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in subdivision 4. It does not
include persons licensed by the Board of Medical Practice under chapter 147 or 147E
registered by the Board of Medical Practice under chapter 147A; the Board of Nursing
; the Board of Psychology under sections
; the Board of Social Work under chapter 148D; the Board of Marriage and
Family Therapy under sections
; the Board of Behavioral Health and
Therapy under sections
and chapter 148C; or another licensing
board if the person is practicing within the scope of the license; members of the clergy
who are providing pastoral services in the context of performing and fulfilling the salaried
duties and obligations required of a member of the clergy by a religious congregation;
American Indian medicine men and women; licensed attorneys; probation officers; school
counselors employed by a school district while acting within the scope of employment
as school counselors; licensed occupational therapists; or licensed occupational therapy
assistants. For the purposes of complaint investigation or disciplinary action relating to an
individual practitioner, the term includes:
(1) persons employed by a program licensed by the commissioner of human services
who are acting as mental health practitioners within the scope of their employment;
(2) persons employed by a program licensed by the commissioner of human services
who are providing chemical dependency counseling services; persons who are providing
chemical dependency counseling services in private practice; and
(3) clergy who are providing mental health services that are equivalent to those
defined in subdivision 4.
Sec. 6. Minnesota Statutes 2006, section 151.01, subdivision 23, is amended to read:
Subd. 23. Practitioner.
"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathy duly licensed to practice medicine, registered naturopathic doctor,
licensed doctor of dentistry, licensed doctor of optometry, licensed podiatrist, or licensed
veterinarian. For purposes of sections
151.15, subdivision 4
151.37, subdivision 2
paragraph (b), and
, "practitioner" also means a physician assistant authorized to
prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
authorized to prescribe, dispense, and administer under section
Sec. 7. Minnesota Statutes 2006, section 214.23, subdivision 1, is amended to read:
Subdivision 1. Commissioner of health.
The board shall enter into a contract
with the commissioner to perform the functions in subdivisions 2 and 3. The contract
shall provide that:
(1) unless requested to do otherwise by a regulated person, a board shall refer all
regulated persons infected with HIV, HBV, or HCV to the commissioner;
(2) the commissioner may choose to refer any regulated person who is infected
with HIV, HBV, or HCV as well as all information related thereto to the person's board
at any time for any reason, including but not limited to: the degree of cooperation and
compliance by the regulated person; the inability to secure information or the medical
records of the regulated person; or when the facts may present other possible violations
of the regulated persons practices act. Upon request of the regulated person who is
infected with HIV, HBV, or HCV the commissioner shall refer the regulated person and all
information related thereto to the person's board. Once the commissioner has referred a
regulated person to a board, the board may not thereafter submit it to the commissioner to
establish a monitoring plan unless the commissioner of health consents in writing;
(3) a board shall not take action on grounds relating solely to the HIV, HBV, or HCV
status of a regulated person until after referral by the commissioner; and
(4) notwithstanding sections
and chapters 147, 147A, 147E,
150A, 153, and 214, a board shall forward to the commissioner any information on a
regulated person who is infected with HIV, HBV, or HCV that the Department of Health
Sec. 8. Minnesota Statutes 2006, section 604A.01, subdivision 2, is amended to read:
Subd. 2. General immunity from liability.
(a) A person who, without
compensation or the expectation of compensation, renders emergency care, advice, or
assistance at the scene of an emergency or during transit to a location where professional
medical care can be rendered, is not liable for any civil damages as a result of acts or
omissions by that person in rendering the emergency care, advice, or assistance, unless the
person acts in a willful and wanton or reckless manner in providing the care, advice, or
assistance. This subdivision does not apply to a person rendering emergency care, advice,
or assistance during the course of regular employment, and receiving compensation or
expecting to receive compensation for rendering the care, advice, or assistance.
(b) For the purposes of this section, the scene of an emergency is an area outside
the confines of a hospital or other institution that has hospital facilities, or an office of
a person licensed to practice one or more of the healing arts under chapter 147, 147A,
148, 150A, or 153. The scene of an emergency includes areas threatened by or
exposed to spillage, seepage, fire, explosion, or other release of hazardous materials,
and includes ski areas and trails.
(c) For the purposes of this section, "person" includes a public or private nonprofit
volunteer firefighter, volunteer police officer, volunteer ambulance attendant, volunteer
first provider of emergency medical services, volunteer ski patroller, and any partnership,
corporation, association, or other entity.
(d) For the purposes of this section, "compensation" does not include payments,
reimbursement for expenses, or pension benefits paid to members of volunteer
(e) For purposes of this section, "emergency care" includes providing emergency
medical care by using or providing an automatic external defibrillator, unless the person
on whom the device is to be used objects; or unless the person is rendering this care
during the course of regular employment, the person is receiving or expects to receive
compensation for rendering this care, and the usual and regular duties of the person
include the provision of emergency medical care. "Automatic external defibrillator"
means a medical device heart monitor and defibrillator that:
(1) has received approval of its premarket notification, filed pursuant to United States
Code, title 21, section 360(k), from the United States Food and Drug Administration;
(2) is capable of recognizing the presence or absence of ventricular fibrillation or
rapid ventricular tachycardia, and is capable of determining, without intervention by an
operator, whether defibrillation should be performed; and
(3) upon determining that defibrillation should be performed, automatically charges
and requests delivery of an electrical impulse to an individual's heart.
Sec. 9. Minnesota Statutes 2006, section 604A.015, is amended to read:
20.31604A.015 SCHOOL BUS DRIVER IMMUNITY FROM LIABILITY.
A school bus driver who, while on duty, provides emergency care, advice, or
assistance at the scene of an emergency or during transit to a location where professional
medical care can be rendered, is not liable in ordinary negligence, for any civil damages as
a result of acts or omissions to the person to whom assistance is rendered by the school
bus driver in rendering the emergency care, advice, or assistance. For the purposes of this
section, the scene of an emergency is an area outside the confines of a hospital or other
institution that has hospital facilities, or an office of a person licensed to practice one or
more of the healing arts under chapter 147, 147E,
148, 150A, or 153.
Sec. 10. EFFECTIVE DATE.
21.6 This article is effective July 1, 2008.
Delete the title and insert:
relating to occupations and professions; providing for registration of naturopathic
doctors;amending Minnesota Statutes 2006, sections 116J.70, subdivision
2a; 145.61, subdivision 2; 146.23, subdivision 7; 146A.01, subdivision 4;
148B.60, subdivision 3; 151.01, subdivision 23; 214.23, subdivision 1; 604A.01,
subdivision 2; 604A.015; proposing coding for new law as Minnesota Statutes,