piers109uk/MN-Statutes huggingface dataset:
145C.07 AUTHORITY AND DUTIES OF HEALTH CARE AGENT.
The health care agent has authority to make any particular health care decision only if the principal lacks decision-making capacity, in the determination of the attending physician, advanced practice registered nurse, or physician assistant, to make or communicate that health care decision; or if other conditions for effectiveness otherwise specified by the principal have been met. The physician, advanced practice registered nurse, physician assistant, or other health care provider shall continue to obtain the principal's informed consent to all health care decisions for which the principal has decision-making capacity, unless other conditions for effectiveness otherwise specified by the principal have been met. An alternate health care agent has authority to act if the primary health care agent is not reasonably available to act.
Unless the principal has otherwise specified in the health care directive, the appointment of the health care agent in a health care directive is considered a nomination of a guardian for purposes of sections 524.5-101 to 524.5-502.
In exercising authority under a health care directive, a health care agent has a duty to act in good faith. A health care agent or any alternate health care agent has a personal obligation to the principal to make health care decisions authorized by the health care power of attorney, but this obligation does not constitute a legal duty to act.
In the event of inconsistency between the appointment of a proxy under chapter 145B or section 253B.03, subdivision 6d, or of a health care agent under this chapter, the most recent appointment takes precedence. In the event of other inconsistencies among documents executed under this chapter, under chapter 145B, or under sections 253B.03, subdivision 6d, or 524.5-101 to 524.5-502, or other legally sufficient documents, the provisions of the most recently executed document take precedence only to the extent of the inconsistency.
A health care agent may visit the principal when the principal is a patient in a health care facility regardless of whether the principal retains decision-making capacity, unless:
(1) the principal has otherwise specified in the health care directive;
(2) a principal who retains decision-making capacity indicates otherwise; or
(3) a health care provider reasonably determines that the principal must be isolated from all visitors or that the presence of the health care agent would endanger the health or safety of the principal, other patients, or the facility in which the care is being provided.
144.3831 FEES.
The commissioner of health may assess an annual fee of $9.72 for every service connection to a public water supply that is owned or operated by a home rule charter city, a statutory city, a city of the first class, or a town. The commissioner of health may also assess an annual fee for every service connection served by a water user district defined in section 110A.02.
The public water supply described in subdivision 1 shall:
(1) collect the fees assessed on its service connections;
(2) pay the Department of Health an amount equivalent to the fees based on the total number of service connections. The service connections for each public water supply described in subdivision 1 shall be verified every four years by the Department of Health; and
(3) pay one-fourth of the total yearly fee to the Department of Health each calendar quarter. In lieu of quarterly payments, a public water supply described in subdivision 1 with fewer than 50 service connections may make a single annual payment by June 30 each year. The fees payable to the Department of Health shall be deposited in the state treasury as nondedicated state government special revenue fund revenues.
The public water supply described in subdivision 1 shall pay a late fee in the amount of five percent of the amount of the fees due from the public water supply if the fees due from the public water supply are not paid within 30 days of the payment dates in subdivision 2, clause (3). The late fee that the public water supply shall pay shall be assessed only on the actual amount collected by the public water supply through fees on service connections.
145.712 REQUIREMENTS FOR CONTACT LENSES PRESCRIPTIONS.
An optometrist or physician must provide a patient with a copy of the patient's prescription upon completion of the patient's eye examination and fitting. An optometrist or physician may refuse to give a patient a copy of the patient's prescription until after the patient has paid for the eye examination and fitting, but only if the optometrist or physician would have required immediate payment from that patient if the examination had revealed that no ophthalmic goods were required.
A prescription written by an optometrist or physician must expire two years after it is written, unless a different expiration date is warranted by the patient's ocular health. If the prescription is valid for less than two years, the optometrist or physician must note the medical reason for the prescription's expiration date in the patient's record and must orally explain to the patient at the time of the eye examination the reason for the prescription's expiration date.
An optometrist or physician must promptly respond to any request received from a physician, optometrist, optician, or contact lens retailer to verify a patient's prescription information in order for the person requesting the information to accurately dispense the contact lenses. Verification must be requested by telephone, fax, or through electronic communications during the prescriber's normal business hours. Consistently failing to respond to verification requests within a reasonable period of time is grounds for disciplinary action by the respective regulatory board.
When filling a contact lens prescription, no optometrist, physician, or contact lens retailer may:
(1) substitute or in any way dispense a different contact lens than the contact lens ordered on the prescription;
(2) dispense a contact lens for a period of time beyond the written expiration date; or
(3) dispense contact lenses that are not based on prescription parameters pursuant to a valid prescription.
A copy of the dispensing records must be kept on file at the dispensing location for a period of no less than two years.
144.385 PUBLIC NOTICE.
If a public water system has violated a rule of the commissioner, has a variance or exemption granted, or fails to comply with the terms of the variance or exemption, the supplier shall provide public notice of the fact pursuant to the rules of the commissioner.
145B.07 TRANSFER OF CARE.
If a living will is delivered to a physician or other health care provider who transfers care of patients to other health care providers, or if a living will is delivered to a health care provider, including a health care facility or HMO that delivers patient care through an arrangement with individual providers, the physician or other health care provider receiving a living will shall make reasonable efforts:
(1) to ensure that an agreement with the patient to comply with the living will will be honored by others who provide health care to that patient; or
(2) to identify and deliver the living will to the individual providers and facilitate the declarant's discussion with those individuals whose agreement to comply with the living will is required.
144.384 NOTICE OF VIOLATION.
Upon discovery of a violation of a maximum contaminant level or treatment technique, the commissioner shall promptly notify the supplier of the violation, state the rule violated, and state a date by which the violation must be corrected or by which a request for variance or exemption must be submitted.
145B.08 ACCESS TO MEDICAL INFORMATION BY PROXY.
Unless a living will under this chapter provides otherwise, a proxy has the same rights as the declarant to receive information regarding proposed health care, to receive and review medical records, and to consent to the disclosure of medical records for purposes related to the declarant's health care or insurance.
145C.09 REVOCATION OF HEALTH CARE DIRECTIVE.
A principal with the capacity to do so may revoke a health care directive in whole or in part at any time by doing any of the following:
(1) canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health care directive instrument or directing another in the presence of the principal to destroy the health care directive instrument, with the intent to revoke the health care directive in whole or in part;
(2) executing a statement, in writing and dated, expressing the principal's intent to revoke the health care directive in whole or in part;
(3) verbally expressing the principal's intent to revoke the health care directive in whole or in part in the presence of two witnesses who do not have to be present at the same time; or
(4) executing a subsequent health care directive, to the extent the subsequent instrument is inconsistent with any prior instrument.
Unless the principal has otherwise specified in the health care directive, the appointment by the principal of the principal's spouse or registered domestic partner as health care agent under a health care power of attorney is revoked by the commencement of proceedings for dissolution, annulment, or termination of the principal's marriage or commencement of proceedings for termination of the principal's registered domestic partnership.
A court may declare a health care directive unenforceable if it finds, by clear and convincing evidence, that the health care directive was executed under coercion or fraudulent inducement as prohibited by section 145C.13, subdivision 1, clause (4), or if it finds that the health care directive is not legally sufficient under section 145C.03 or 145C.04.
145C.08 AUTHORITY TO REVIEW MEDICAL RECORDS.
A health care agent acting pursuant to a health care directive has the same right as the principal to receive, review, and obtain copies of medical records of the principal, and to consent to the disclosure of medical records of the principal, unless the principal has otherwise specified in the health care directive.
145B.09 REVOCATION.
A living will under this chapter may be revoked in whole or in part at any time and in any manner by the declarant, without regard to the declarant's physical or mental condition. A revocation is effective when the declarant communicates it to the attending physician or other health care provider. The attending physician or other health care provider shall note the revocation as part of the declarant's medical record.
Unless a living will under this chapter expressly provides otherwise, if after executing a living will the declarant's marriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as a proxy to make health care decisions for the declarant.
144.3853 CLASSIFICATION OF SERVICE LINES.
(a) A water system may classify the actual material of a service line, such as copper or plastic, as an alternative to classifying the service line as a nonlead service line, for the purpose of the lead service line inventory.
(b) It is not necessary to physically verify the material composition, such as copper or plastic, of a service line for its lead status to be identified. For example, if records demonstrate the service line was installed after a municipal, state, or federal ban on the installation of lead service lines, the service line may be classified as a nonlead service line.
For the purposes of the lead service line inventory and lead service line replacement plan, if a service line has a lead connector, the service line shall be classified as a lead service line or a galvanized service line requiring replacement.
A galvanized service line may only be classified as a nonlead service line if there is documentation verifying it was never connected to a lead service line or lead connector. Rarely will a galvanized service line be considered a nonlead service line.
145C.11 IMMUNITIES.
A health care agent is not subject to criminal prosecution or civil liability if the health care agent acts in good faith.
(a) With respect to health care provided to a patient with a health care directive, a health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider acts in good faith and in accordance with applicable standards of care.
(b) A health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider relies on a health care decision made by the health care agent and the following requirements are satisfied:
(1) the health care provider believes in good faith that the decision was made by a health care agent appointed to make the decision and has no actual knowledge that the health care directive has been revoked; and
(2) the health care provider believes in good faith that the health care agent is acting in good faith.
(c) A health care provider who administers health care necessary to keep the principal alive, despite a health care decision of the health care agent to withhold or withdraw that treatment, is not subject to criminal prosecution, civil liability, or professional disciplinary action if that health care provider promptly took all reasonable steps to:
(1) notify the health care agent of the health care provider's unwillingness to comply;
(2) document the notification in the principal's medical record; and
(3) permit the health care agent to arrange to transfer care of the principal to another health care provider willing to comply with the decision of the health care agent.
144.3855 LIMITATION.
To meet cross-connection control requirements, as defined in Minnesota Rules, parts 4714.0602 and 4720.0025, the use of a hose connection backflow preventer and a hose connection vacuum breaker, not rated for continuous use, is permitted at individual water supply connections in recreational camping areas as defined in section 327.14, subdivision 8.
145.714 ENFORCEMENT.
Failure to comply with sections 145.711 to 145.713 shall be grounds for disciplinary action by the Board of Optometry or the Board of Medical Practice.
145C.10 PRESUMPTIONS.
(a) The principal is presumed to have the capacity to execute a health care directive and to revoke a health care directive, absent clear and convincing evidence to the contrary.
(b) A health care provider or health care agent may presume that a health care directive is legally sufficient absent actual knowledge to the contrary. A health care directive is presumed to be properly executed, absent clear and convincing evidence to the contrary.
(c) A health care agent, and a health care provider acting pursuant to the direction of a health care agent, are presumed to be acting in good faith, absent clear and convincing evidence to the contrary.
(d) A health care directive is presumed to remain in effect until the principal modifies or revokes it, absent clear and convincing evidence to the contrary.
(e) This chapter does not create a presumption concerning the intention of an individual who has not executed a health care directive and, except as otherwise provided by section 145C.15, does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consent to health care on behalf of another in the absence of a health care directive.
(f) A copy of a health care directive is presumed to be a true and accurate copy of the executed original, absent clear and convincing evidence to the contrary, and must be given the same effect as an original.
(g) When a patient lacks decision-making capacity and is pregnant, and in reasonable medical judgment there is a real possibility that if health care to sustain her life and the life of the fetus is provided the fetus could survive to the point of live birth, the health care provider shall presume that the patient would have wanted such health care to be provided, even if the withholding or withdrawal of such health care would be authorized were she not pregnant. This presumption is negated by health care directive provisions described in section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in the absence of such provisions, by clear and convincing evidence that the patient's wishes, while competent, were to the contrary.
144.386 PENALTIES.
A person who violates a rule of the commissioner, fails to comply with the terms of a variance or exemption, or fails to request a variance or exemption by the date specified in the notice from the commissioner, may be fined up to $1,000 for each day the offense continues, in a civil action brought by the commissioner in district court. All fines shall be deposited in the general fund of the state treasury.
A person who intentionally or repeatedly violates a rule of the commissioner, or fails to comply with an emergency order of the commissioner, is guilty of a gross misdemeanor, and may be fined not more than $10,000, imprisoned not more than 364 days, or both.
A supplier who fails to comply with the provisions of section 144.385, or disseminates false or misleading information relating to the notice required in section 144.385, is subject to the penalties described in subdivision 2.
[Repealed, 1993 c 206 s 25]
145.7131 EXCEPTION TO EYEGLASS PRESCRIPTION EXPIRATION.
Notwithstanding any practice to the contrary, in an emergency situation or in the case of lost glasses, an optometrist or physician may authorize a new pair of prescription eyeglasses using the prescription from the old lenses or the last prescription available.
145B.105 PENALTIES.
Whoever commits any of the following acts is guilty of a gross misdemeanor:
(1) willfully conceals, cancels, defaces, or obliterates a living will of a declarant without the consent of the declarant;
(2) willfully conceals or withholds personal knowledge of a revocation of a living will;
(3) falsifies or forges a living will or a revocation of a living will;
(4) coerces or fraudulently induces another to execute a living will; or
(5) requires or prohibits the execution of a living will as a condition for being insured for or receiving all or some health care services.
Whoever commits an act prohibited under subdivision 1 is guilty of a felony if the act results in bodily harm to the declarant or to the person who would have been a declarant but for the unlawful act.
145C.12 PROHIBITED PRACTICES.
A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan may not condition admission to a facility, or the providing of treatment or insurance, on the requirement that an individual execute a health care directive.
A policy of life insurance is not legally impaired or invalidated in any manner by the withholding or withdrawing of health care pursuant to the direction of a health care agent appointed pursuant to this chapter, or pursuant to the implementation of health care instructions under this chapter.
145B.11 EFFECT ON INSURANCE.
The making or effectuation of a living will under this chapter does not affect the sale, procurement, issuance, or validity of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity or the liability of the party issuing the policy or annuity contract.
145C.13 PENALTIES.
Whoever commits any of the following acts is guilty of a gross misdemeanor:
(1) willfully conceals, cancels, defaces, or obliterates a health care directive of a principal without the consent of the principal;
(2) willfully conceals or withholds personal knowledge of a revocation of a health care directive;
(3) falsifies or forges a health care directive or a revocation of the instrument;
(4) coerces or fraudulently induces another to execute a health care directive; or
(5) requires or prohibits the execution of a health care directive as a condition for being insured for or receiving all or some health care services.
Whoever commits an act prohibited under subdivision 1 is guilty of a felony if the act results in bodily harm to the principal or to the person who would have been a principal but for the unlawful act.
144.387 COSTS.
If the state prevails in any civil action under section 144.386, the court may award reasonable costs and expenses to the state.
145B.12 WHAT IF THERE IS NO LIVING WILL OR PROXY?
If an individual has not executed or has revoked a living will under this chapter, a presumption is not created with respect to:
(1) the individual's intentions concerning the provision of health care; or
(2) the appropriate health care to be provided.
Nothing in this chapter shall be construed to authorize or justify the withholding or withdrawal of artificially administered nutrition or hydration from any person who has not issued a living will or designated a proxy under this chapter.
145C.14 CERTAIN PRACTICES NOT CONDONED.
Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia.
145B.13 REASONABLE MEDICAL PRACTICE REQUIRED.
In reliance on a patient's living will, a decision to administer, withhold, or withdraw medical treatment after the patient has been diagnosed by the attending physician, advanced practice registered nurse, or physician assistant to be in a terminal condition must always be based on reasonable medical practice, including:
(1) continuation of appropriate care to maintain the patient's comfort, hygiene, and human dignity and to alleviate pain;
(2) oral administration of food or water to a patient who accepts it, except for clearly documented medical reasons; and
(3) in the case of a living will of a patient that the attending physician, advanced practice registered nurse, or physician assistant knows is pregnant, the living will must not be given effect as long as it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.
144.3872 FEMALE GENITAL MUTILATION; EDUCATION AND OUTREACH.
The commissioner of health shall carry out appropriate education, prevention, and outreach activities in communities that traditionally practice female circumcision, excision, or infibulation to inform people in those communities about the health risks and emotional trauma inflicted by those practices and to inform them and the medical community of the criminal penalties contained in section 609.2245. The commissioner shall work with culturally appropriate groups to obtain private funds to help finance these prevention and outreach activities.
145B.15 RECOGNITION OF PREVIOUSLY EXECUTED LIVING WILL.
A living will that substantially complies with section 145B.03, but is made before August 1, 1989, is an effective living will under this chapter.
145C.15 DUTY TO PROVIDE LIFE-SUSTAINING HEALTH CARE.
(a) If a proxy acting under chapter 145B or a health care agent acting under this chapter directs the provision of health care, nutrition, or hydration that, in reasonable medical judgment, has a significant possibility of sustaining the life of the principal or declarant, a health care provider shall take all reasonable steps to ensure the provision of the directed health care, nutrition, or hydration if the provider has the legal and actual capability of providing the health care either itself or by transferring the principal or declarant to a health care provider who has that capability. Any transfer of a principal or declarant under this paragraph must be done promptly and, if necessary to preserve the life of the principal or declarant, by emergency means. This paragraph does not apply if a living will under chapter 145B or a health care directive indicates an intention to the contrary.
(b) A health care provider who is unwilling to provide directed health care under paragraph (a) that the provider has the legal and actual capability of providing may transfer the principal or declarant to another health care provider willing to provide the directed health care but the provider shall take all reasonable steps to ensure provision of the directed health care until the principal or declarant is transferred.
(c) Nothing in this section alters any legal obligation or lack of legal obligation of a health care provider to provide health care to a principal or declarant who refuses, has refused, or is unable to pay for the health care.
145B.14 CERTAIN PRACTICES NOT CONDONED.
Nothing in this chapter may be construed to condone, authorize, or approve mercy killing, euthanasia, suicide, or assisted suicide.
144.3885 LABOR TRAFFICKING SERVICES GRANT PROGRAM.
The commissioner of health must establish a labor trafficking services grant program to provide comprehensive, trauma-informed, and culturally specific services for victims of labor trafficking or labor exploitation.
To be eligible for a grant under this section, applicants must be a nonprofit organization or a nongovernmental organization serving victims of labor trafficking or labor exploitation; a local public health department; a social service agency; a Tribal government; a local unit of government; a school or school district; a health care organization; or another interested agency demonstrating experience or expertise in working with victims of labor trafficking exploitation. An entity seeking a grant under this section must apply to the commissioner at a time and in a manner specified by the commissioner. The commissioner must review each application to determine if the application is complete, the entity is eligible for a grant, and the proposed project is an allowable use of grant funds. The commissioner must determine the grant amount awarded to applicants that the commissioner determines will receive a grant.
(a) The grantee must submit a report to the commissioner in a manner and on a timeline specified by the commissioner on how the grant funds were spent and how many individuals were served.
(b) By January 15 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over health policy and finance. The report must include the names of the grant recipients, how the grant funds were spent, and how many individuals were served.
145C.17 OPIOID INSTRUCTIONS ENTERED INTO HEALTH RECORD.
At the request of the patient or health care agent, a health care provider shall enter into the patient's health care record any instructions relating to administering, dispensing, or prescribing an opioid.
145B.17 EXISTING RIGHTS.
Nothing in this chapter impairs or supersedes the existing rights of any patient or any other legal right or legal responsibility a person may have to begin, continue, withhold, or withdraw health care. Nothing in this chapter prohibits lawful treatment by spiritual means through prayer in lieu of medical or surgical treatment when treatment by spiritual means has been authorized by the declarant.
145B.16 RECOGNITION OF DOCUMENT EXECUTED IN ANOTHER STATE.
A living will executed in another state is effective if it substantially complies with this chapter.
144.391 PUBLIC POLICY.
The legislature finds that:
(1) smoking causes premature death, disability, and chronic disease, including cancer and heart disease, and lung disease;
(2) smoking related diseases result in excess medical care costs; and
(3) smoking initiation occurs primarily in adolescence.
The legislature desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air.
146.01 DEFINITION; PRACTICING HEALING AND PRACTICE OF HEALING.
The term "practicing healing" or "practice of healing" shall mean and include any person who shall in any manner for any fee, gift, compensation, or reward, or in expectation thereof, engage in, or hold out to the public as being engaged in, the practice of medicine or surgery, the practice of osteopathic medicine, the practice of chiropractic, the practice of any legalized method of healing, or the diagnosis, analysis, treatment, correction, or cure of any disease, injury, defect, deformity, infirmity, ailment, or affliction of human beings, or any condition or conditions incident to pregnancy or childbirth, or examination into the fact, condition, or cause of human health or disease, or who shall, for any fee, gift, compensation, or reward, or in expectation thereof, suggest, recommend, or prescribe any medicine or any form of treatment, correction, or cure thereof; also any person, or persons, individually or collectively, who maintains an office for the reception, examination, diagnosis, or treatment of any person for any disease, injury, defect, deformity, or infirmity of body or mind, or who attaches the title of doctor, physician, surgeon, specialist, M.D., M.B., D.O., D.C., or any other word, abbreviation, or title to the person's name indicating, or designed to indicate, that the person is engaged in the practice of healing.
144.392 DUTIES OF COMMISSIONER.
The commissioner of health shall:
(1) provide assistance to workplaces to develop policies that promote nonsmoking and are consistent with the Minnesota Clean Indoor Air Act;
(2) provide technical assistance, including design and evaluation methods, materials, and training to local health departments, communities, and other organizations that undertake community programs for the promotion of nonsmoking;
(3) collect and disseminate information and materials for smoking prevention;
(4) evaluate new and existing nonsmoking programs on a statewide and regional basis using scientific evaluation methods;
(5) conduct surveys in school-based populations regarding the epidemiology of smoking behavior, knowledge, and attitudes related to smoking, and the penetration of statewide smoking control programs; and
(6) report to the legislature each biennium on activities undertaken, smoking rates in the population and subgroups of the total population, evaluation activities and results of those activities, and recommendations for further action.
147.001 SCOPE AND PURPOSE.
Sections 147.01 to 147.37 may be cited as the "Minnesota Medical Practice Act."
The primary responsibility and obligation of the Board of Medical Practice is to protect the public.
In the interest of public health, safety, and welfare, and to protect the public from the unprofessional, improper, incompetent, and unlawful practice of medicine, it is necessary to provide laws and regulations to govern the granting and subsequent use of the license to practice medicine.
144.393 PUBLIC COMMUNICATIONS PROGRAM.
The commissioner may conduct a long-term coordinated public information program that includes public service announcements, public education forums, mass media, and written materials. The program must promote nonsmoking and include background survey research and evaluation. The program must be designed to run over at least five years, subject to the availability of money.
146A.02 OFFICE OF UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICE.
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.
The commissioner shall adopt rules necessary to implement, administer, or enforce provisions of this chapter pursuant to chapter 14.
144.394 HEALTH PROMOTION AND EDUCATION.
The commissioner may sell at market value all health promotion and health education materials. Proceeds from the sale of the materials are appropriated to the Department of Health for the program that developed the material.
147A.02 QUALIFICATIONS FOR LICENSURE.
(a) The board may grant a license as a physician assistant to an applicant who:
(1) submits an application on forms approved by the board;
(2) pays the appropriate fee as determined by the board;
(3) has current certification from the National Commission on Certification of Physician Assistants, or its successor agency as approved by the board;
(4) certifies that the applicant is mentally and physically able to engage safely in practice as a physician assistant;
(5) has no licensure, certification, or registration as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure;
(6) submits any other information the board deems necessary to evaluate the applicant's qualifications; and
(7) has been approved by the board.
(b) All persons registered as physician assistants as of June 30, 1995, are eligible for continuing license renewal. All persons applying for licensure after that date shall be licensed according to this chapter.
(c) A physician assistant who qualifies for licensure must practice for at least 2,080 hours, within the context of a collaborative agreement, within a hospital or integrated clinical setting where physician assistants and physicians work together to provide patient care. The physician assistant shall submit written evidence to the board with the application, or upon completion of the required collaborative practice experience. For purposes of this paragraph, a collaborative agreement is a mutually agreed upon plan for the overall working relationship and collaborative arrangement between a physician assistant, and one or more physicians licensed under chapter 147, that designates the scope of services that can be provided to manage the care of patients. The physician assistant and one of the collaborative physicians must have experience in providing care to patients with the same or similar medical conditions. The collaborating physician is not required to be physically present so long as the collaborating physician and physician assistant are or can be easily in contact with each other by radio, telephone, or other telecommunication device.
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 children, youth, and families, or the state to take action regarding the maltreatment of minors under section 609.378 or chapter 260E. 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 section 609.378 and chapter 260E. 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 chapter 260E. A complementary or alternative health care provider is a mandated reporter under section 260E.06.
145D.31 CERTAIN CONVERSION TRANSACTIONS PROHIBITED.
A nonprofit health coverage entity must not enter into a conversion transaction if:
(1) doing so would result in less than the full and fair value of all public benefit assets remaining dedicated to the public benefit; or
(2) an individual who has been an officer, director, or other executive of the nonprofit health coverage entity or of a related organization, or a family member of such an individual:
(i) has held or will hold, whether guaranteed or contingent, an ownership stake, stock, securities, investment, or other financial interest in an entity to which the nonprofit health coverage entity transfers public benefit assets in connection with the conversion transaction;
(ii) has received or will receive any type of compensation or other financial benefit, except for salary or wages paid for employment, from an entity to which the nonprofit health coverage entity transfers public benefit assets in connection with the conversion transaction;
(iii) has held or will hold, whether guaranteed or contingent, an ownership stake, stock, securities, investment, or other financial interest in an entity that has or will have a business relationship with an entity to which the nonprofit health coverage entity transfers public benefit assets in connection with the conversion transaction; or
(iv) has received or will receive any type of compensation or other financial benefit, except for salary or wages paid for employment, from an entity that has or will have a business relationship with an entity to which the nonprofit health coverage entity transfers public benefit assets in connection with the conversion transaction.
147.011 DEFINITION.
For the purpose of this chapter, "regulated person" or "person regulated by the board" means a person licensed, registered, or regulated in any other manner by the Board of Medical Practice.
147B.03 NCCAOM PROFESSIONAL DEVELOPMENT ACTIVITY REQUIREMENTS.
Unless a person is licensed under section 147B.02, subdivision 6, each licensee is required to meet the NCCAOM professional development activity requirements to maintain NCCAOM certification. These requirements may be met through a board approved continuing education program.
The board shall approve a continuing education program if the program meets the following requirements:
(1) it directly relates to the practice of acupuncture;
(2) each member of the faculty shows expertise in the subject matter by holding a degree or certificate from an educational institution, has verifiable experience in traditional Oriental medicine, or has special training in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific written objectives describing the goals of the program for the participants; and
(5) the program sponsor maintains attendance records for four years.
(a) Continuing education program topics may include, but are not limited to, Oriental medical theory and techniques including Oriental massage; Oriental nutrition; Oriental herbology and diet therapy; Oriental exercise; western sciences such as anatomy, physiology, biochemistry, microbiology, psychology, nutrition, history of medicine; and medical terminology or coding.
(b) Practice management courses are excluded under this section.
The board shall periodically select a random sample of acupuncturists and require the acupuncturist to show evidence of having completed the NCCAOM professional development activities requirements. Either the acupuncturist, the state, or the national organization that maintains continuing education records may provide the board documentation of the continuing education program.
146B.04 TEMPORARY LICENSURE FOR GUEST ARTISTS.
Before an individual may work as a guest artist, the commissioner shall issue a temporary license to the guest artist. The guest artist shall submit an application to the commissioner on a form provided by the commissioner. The form must include:
(1) the name, home address, and date of birth of the guest artist;
(2) the name of the licensed technician sponsoring the guest artist;
(3) proof of having satisfactorily completed coursework within the year preceding application and approved by the commissioner on bloodborne pathogens, the prevention of disease transmission, infection control, and aseptic technique;
(4) the starting and anticipated completion dates the guest artist will be working; and
(5) a copy of any current body art credential or licensure issued by another local or state jurisdiction.
A guest artist may not conduct body art procedures for more than 30 days per calendar year. If the guest artist exceeds this time period, the guest artist must apply for a technician's license under section 146B.03.
147B.04 BOARD ACTION ON APPLICATIONS.
The board or Acupuncture Advisory Council established under section 147B.05, with the approval of the board, may verify information provided by an application for licensure under section 147B.02 to determine if the information is accurate and complete.
Within 120 days of receipt of the application, the board shall notify each applicant in writing of the action taken on the application.
An applicant denied licensure must be notified of the determination, and the grounds for it, and may request a hearing on the determination by filing a written statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing, the board shall notify the applicant in writing of its decision.
147A.025 TEMPORARY PERMIT.
(a) An applicant for licensure under section 147A.02 may request the board to issue a temporary permit in accordance with this section. Upon receipt of the application for licensure, a request for a temporary permit, and a nonrefundable physician assistant application fee as specified under section 147A.28, the board may issue a temporary permit to practice as a physician assistant if the applicant is:
(1) currently licensed in good standing to practice as a physician assistant in another state, territory, or Canadian province; and
(2) not subject to a pending investigation or disciplinary action in any state, territory, or Canadian province.
(b) A temporary permit issued under this section is nonrenewable and shall be valid until a decision is made on the physician assistant's application for licensure or for 90 days, whichever occurs first.
(c) The board may revoke the temporary permit that has been issued under this section if the applicant is the subject of an investigation or disciplinary action or is disqualified for licensure for any other reason.
(d) Notwithstanding section 13.41, subdivision 2, the board may release information regarding any action taken by the board pursuant to this section.
145D.32 REQUIREMENTS FOR NONPROFIT HEALTH COVERAGE ENTITY CONVERSION TRANSACTIONS.
(a) Before entering into a conversion transaction, a nonprofit health coverage entity must notify the attorney general according to section 317A.811. In addition to the elements listed in section 317A.811, subdivision 1, the notice required by this subdivision must also include: (1) an itemization of the nonprofit health coverage entity's public benefit assets and an independent third-party valuation of the nonprofit health coverage entity's public benefit assets; and (2) other information contained in forms provided by the attorney general.
(b) When the nonprofit health coverage entity provides the attorney general with the notice and other information required under paragraph (a), the nonprofit health coverage entity must also provide a copy of this notice and other information to the applicable commissioner.
Before entering into a conversion transaction, a nonprofit health coverage entity must ensure that:
(1) the proposed conversion transaction complies with chapters 317A and 501B and other applicable laws;
(2) the proposed conversion transaction does not involve or constitute a breach of charitable trust;
(3) the nonprofit health coverage entity shall receive full and fair value for its public benefit assets;
(4) the value of the public benefit assets to be transferred has not been manipulated in a manner that causes or caused the value of the assets to decrease;
(5) the proceeds of the proposed conversion transaction shall be used in a manner consistent with the public benefit for which the assets are held by the nonprofit health coverage entity; and
(6) the proposed conversion transaction shall not result in a breach of fiduciary duty.
The attorney general or the commissioner may hold public listening sessions or forums and may solicit public comments regarding the proposed conversion transaction.
(a) Subject to paragraphs (b) and (c), a nonprofit health coverage entity must not enter into a conversion transaction until 60 days after the nonprofit health coverage entity has given written notice as required in subdivision 1.
(b) The attorney general may waive all or part of the waiting period or may extend the waiting period for an additional 60 days by notifying the nonprofit health coverage entity of the extension in writing.
(c) The time periods specified in this subdivision shall be suspended while an investigation into the conversion transaction is pending or while a request from the attorney general for additional information is outstanding.
Nothing in this section relieves a nonprofit health coverage entity from complying with requirements for funds that are restricted for a particular purpose. Funds restricted for a particular purpose must continue to be used in accordance with the purpose for which they were restricted under sections 317A.671 and 501B.31. A nonprofit health coverage entity may not convert, transfer, or sell assets if the transaction would result in the use of the assets conflicting with their restricted purpose.
147.012 OVERSIGHT OF ALLIED HEALTH PROFESSIONS.
The board has responsibility for the oversight of the following allied health professions: physician assistants under chapter 147A, acupuncture practitioners under chapter 147B, respiratory care practitioners under chapter 147C, traditional midwives under chapter 147D, registered naturopathic doctors under chapter 147E, genetic counselors under chapter 147F, and athletic trainers under sections 148.7801 to 148.7815.
146B.05 GROUNDS FOR DENIAL OF AN ESTABLISHMENT LICENSE OR EMERGENCY CLOSURE.
If any of the following conditions exist, the owner or operator of a licensed establishment may be ordered by the commissioner to discontinue all operations of a licensed body art establishment or the commissioner may refuse to grant or renew, suspend, or revoke licensure:
(1) evidence of a sewage backup in an area of the body art establishment where body art activities are conducted;
(2) lack of potable, plumbed, or hot or cold water to the extent that handwashing or toilet facilities are not operational;
(3) lack of electricity or gas service to the extent that handwashing, lighting, or toilet facilities are not operational;
(4) significant damage to the body art establishment due to tornado, fire, flood, or another disaster;
(5) evidence of an infestation of rodents or other vermin;
(6) evidence of any individual performing a body art procedure without a license as required under this chapter;
(7) evidence of existence of a public health nuisance;
(8) use of instruments or jewelry that are not sterile;
(9) failure to maintain required records;
(10) failure to use gloves as required;
(11) failure to properly dispose of sharps, blood or body fluids, or items contaminated by blood or body fluids;
(12) failure to properly report complaints of potential bloodborne pathogen transmission to the commissioner; or
(13) evidence of a positive spore test on the sterilizer if there is no other working sterilizer with a negative spore test in the establishment.
Prior to license approval or renewal or the reopening of the establishment, the establishment shall submit to the commissioner satisfactory proof that the problem condition causing the need for the licensure action or emergency closure has been corrected or removed by the operator of the establishment. A body art establishment may not reopen without the written approval of the commissioner and a valid establishment license.