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Capital IconMinnesota Legislature

SF 2984

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; authorizing expanded health care practices for health care
professionals; proposing coding for new law as Minnesota Statutes, chapter
146B.

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

Section 1.

new text begin [146B.01] MINNESOTA EXPANDED HEALTH CARE PRACTICES
ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This chapter may be cited as the "Minnesota Expanded
Health Care Practices Act for Licensed Health Care Professionals."
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of this chapter is to:
new text end

new text begin (1) protect a person's right to seek health care of the person's choice;
new text end

new text begin (2) ensure that the people of Minnesota maintain access to all health care options
including conventional treatment methods and other treatment modalities designed to
complement or substitute for conventional treatment methods; and
new text end

new text begin (3) permit health care professionals licensed or registered by the state to offer
expanded and complementary or alternative health care treatments according to this
chapter.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For the purposes of this chapter, the terms in this section
have the meanings given them.
new text end

new text begin (a) "Expanded health care practices and services" means health care and healing
methods, modalities, treatments, procedures, or protocols that have not been generally
adopted by a profession, or that are not generally considered to be within the prevailing
minimum standards of care of a profession, or that are not standard practices of a
profession in a particular community.
new text end

new text begin (b) "Licensed health care practitioner" means a health care practitioner licensed or
registered by the state to practice a health care profession under a licensing board or
the Department of Health.
new text end

new text begin (c) "Patient" shall include a patient's parent, guardian, or conservator, as appropriate.
new text end

new text begin Subd. 4. new text end

new text begin Right to provide expanded health care. new text end

new text begin Notwithstanding Minnesota
statutes, administrative rules, and other laws governing or authorizing health-related
professionals to practice their professions, a licensed health care practitioner may provide
expanded health care practices and services to patients as long as the treatments or services:
new text end

new text begin (1) have a reasonable basis for potential benefit to the patient;
new text end

new text begin (2) do not pose a greater risk of direct and significant physical or emotional harm
to a patient when used as directed than that of conventional treatment that would have
been recommended;
new text end

new text begin (3) are provided with reasonable skill and safety according to the practitioner's
knowledge, education, experience, and training in the expanded health care practice or
service.
new text end

new text begin A licensed health care practitioner providing expanded health care practices and services
must comply with the disclosure requirement in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Disclosure guidelines for expanded practice. new text end

new text begin Prior to administering or
treating a patient with an expanded health care practice or service, a practitioner shall:
new text end

new text begin (1) disclose in writing to the patient an explanation in plain terms of the theoretical
approach for the treatment or service and the practitioner's education, training, experience,
and credentials regarding the expanded health care practice and service being provided or
recommended;
new text end

new text begin (2) obtain informed consent from the patient according to Minnesota law for
providing medical treatments including the nature and purpose of the proposed
expanded practices and services, the expected benefits, the significant and material risks
associated with the proposed expanded practices and services, and any other truthful
and nonmisleading information that a patient or client would reasonably require in
order to make an informed determination regarding whether to undertake or refuse the
recommended expanded practice and services; and
new text end

new text begin (3) obtain written acknowledgment from the patient that the patient or client has
received the information required by this section.
new text end

new text begin Subd. 6. new text end

new text begin Evidence. new text end

new text begin For any investigation or disciplinary proceeding regarding
a healing or health care practitioner performing expanded health care practices and
services, the authorized licensing board or regulatory authority shall use experts who
have specialized knowledge, training, and clinical competence in the practice method
or treatment used by the professional being investigated. The majority of the expert's
practice must be the same as that of the professional being investigated.
new text end

new text begin Subd. 7. new text end

new text begin Complaints; investigations. new text end

new text begin A practitioner's license or registration shall
not be revoked, suspended, or conditioned, or have any other form of reprimand imposed
or be denied a license or registration if the practitioner is practicing in compliance with
this chapter and the practitioner has:
new text end

new text begin (1) recommended or utilized expanded health care practices;
new text end

new text begin (2) referred a patient to, or comanaged a patient or client with, a practitioner of
expanded health care practices or a practitioner who is practicing in compliance with
chapter 146A.
new text end

new text begin Subd. 8. new text end

new text begin Burden of proof. new text end

new text begin In any proceeding under this section, the authorized
licensing board or regulatory authority having jurisdiction over the practitioner bears the
burden of proof regarding the practitioner's deviation from the requirements established
in this chapter.
new text end