piers109uk/MN-Statutes huggingface dataset:
147D.05 PROFESSIONAL CONDUCT.
(a) A licensed traditional midwife shall provide an initial and ongoing screening to ensure that each client receives safe and appropriate care. A licensed traditional midwife shall only accept and provide care to those women who are expected to have a normal pregnancy, labor, and delivery. As part of the initial screening to determine whether any contraindications are present, the licensed traditional midwife must take a detailed health history that includes the woman's social, medical, surgical, menstrual, gynecological, contraceptive, obstetrical, family, nutritional, and drug/chemical use histories. If a licensed traditional midwife determines at any time during the course of the pregnancy that a woman's condition may preclude attendance by a traditional midwife, the licensed traditional midwife must refer the client to a licensed health care provider. As part of the initial and ongoing screening, a licensed traditional midwife must provide or recommend that the client receive the following services, if indicated, from an appropriate health care provider:
(1) initial laboratory pregnancy screening, including blood group and type, antibody screen, Indirect Coombs, rubella titer, CBC with differential and syphilis serology;
(2) gonorrhea and chlamydia cultures;
(3) screening for sickle cell;
(4) screening for hepatitis B and human immunodeficiency virus (HIV);
(5) maternal serum alpha-fetoprotein test and ultrasound;
(6) Rh antibody and glucose screening at 28 weeks gestation;
(7) mandated newborn screening;
(8) Rh screening of the infant for maternal RhoGAM treatment; and
(9) screening for premature labor.
(b) A client must make arrangements to have the results of any of the tests described in paragraph (a) sent to the licensed traditional midwife providing services to the client. The licensed traditional midwife must include these results in the client's record.
A licensed traditional midwife must prepare a written plan with each client to ensure continuity of care throughout pregnancy, labor, and delivery. The written plan must incorporate the conditions under which the medical consultation plan, including the transfer of care or transport of the client, may be implemented.
A licensed traditional midwife must comply with all applicable state and municipal requirements regarding public health.
A licensed traditional midwife must maintain a client record on each client, including:
(1) a copy of the informed consent form described in section 147D.07;
(2) evidence of an initial client screening described in this section;
(3) a copy of the written plan described in subdivision 2;
(4) a record of prenatal and postpartum care provided to the client at each visit; and
(5) a detailed record of the labor and delivery process.
All records maintained on each client by a licensed traditional midwife are subject to sections 144.291 to 144.298.
144.9981 CLIMATE RESILIENCY.
The commissioner of health shall implement a climate resiliency program to:
(1) increase awareness of climate change;
(2) track the public health impacts of climate change and extreme weather events;
(3) provide technical assistance and tools that support climate resiliency to local public health departments, Tribal health departments, soil and water conservation districts, and other local governmental and nongovernmental organizations; and
(4) coordinate with the commissioners of the Pollution Control Agency, natural resources, and agriculture and other state agencies in climate resiliency related planning and implementation.
147D.03 MIDWIFERY.
Within the meaning of sections 147D.01 to 147D.27, a person who shall publicly profess to be a traditional midwife and who, for a fee, shall assist or attend to a woman in pregnancy, childbirth outside a hospital, and postpartum, shall be regarded as practicing traditional midwifery.
The practice of traditional midwifery includes but is not limited to:
(1) initial and ongoing assessment for suitability of traditional midwifery care;
(2) providing prenatal education and coordinating with a licensed health care provider as necessary to provide comprehensive prenatal care, including the routine monitoring of vital signs, indicators of fetal developments, and ordering standard prenatal laboratory tests and imaging, as needed, with attention to the physical, nutritional, and emotional needs of the woman and her family;
(3) attending and supporting the natural process of labor and birth;
(4) postpartum care of the mother and an initial assessment of the newborn;
(5) providing information and referrals to community resources on childbirth preparation, breastfeeding, exercise, nutrition, parenting, and care of the newborn; and
(6) ordering ultrasounds, providing point-of-care testing, and ordering laboratory tests that conform to the standard prenatal protocol of the licensed traditional midwife's standard of care.
The practice of traditional midwifery does not include:
(1) the use of any surgical instrument at a childbirth, except as necessary to sever the umbilical cord or repair a first- or second-degree perineal laceration;
(2) the assisting of childbirth by artificial or mechanical means; or
(3) the removal of a placenta accreta.
147D.07 INFORMED CONSENT.
Before providing any services to a client, a licensed traditional midwife must:
(1) advise the client of the information contained in the informed consent form;
(2) provide the client with an informed consent form; and
(3) have the form returned with the client's signature attesting that the client understands the consent form and the information contained in the form.
The informed consent form must be written in language understandable to the client and, at a minimum, must contain the following:
(1) name, address, telephone number, and license number of the licensed traditional midwife;
(2) a description of the licensed traditional midwife's education, training, and experience in traditional midwifery;
(3) the licensed traditional midwife's fees and method of billing;
(4) the right of the client to file a complaint with the board and the procedures for filing a complaint;
(5) a description of the licensed traditional midwife's medical consultation plan and the antepartum, intrapartum, and postpartum conditions requiring consultation, transfer of care, or transport to a hospital;
(6) the scope of care and services to be provided to the client by the licensed traditional midwife;
(7) the available alternatives to traditional midwifery care;
(8) a statement indicating that the client's records and any transaction with the licensed traditional midwife are confidential;
(9) a notice that reads: "We realize that there are risks associated with birth, including the risk of death or disability of either mother or child. We understand that a situation may arise, which requires emergency medical care and that it may not be possible to transport the mother and/or baby to the hospital in time to benefit from such care. We fully accept the outcome and consequences of our decision to have a licensed traditional midwife attend us during pregnancy and at our birth. We realize that our licensed traditional midwife is not licensed to practice medicine. We are not seeking a licensed physician or certified nurse midwife as the primary caregiver for this pregnancy, and we understand that our licensed traditional midwife shall inform us of any observed signs or symptoms of disease, which may require evaluation, care, or treatment by a medical practitioner. We agree that we are totally responsible for obtaining qualified medical assistance for the care of any disease or pathological condition.";
(10) the right of a client to refuse services unless otherwise provided by law;
(11) a disclosure of whether the licensed traditional midwife carries malpractice or liability insurance; and
(12) the client's and licensed traditional midwife's signatures and date of signing.
The licensed traditional midwife must have a signed informed consent form on file for each client. Upon request, the licensed traditional midwife must provide a copy of the informed consent form to the board.
147D.09 LIMITATIONS OF PRACTICE.
(a) A licensed traditional midwife shall not prescribe, dispense, or administer prescription drugs, except as permitted under paragraph (b).
(b) A licensed traditional midwife may obtain, possess, and administer vitamin K either orally or through intramuscular injection, maternal RhoGAM treatment, postpartum antihemorrhagic drugs under emergency situations, local anesthetic, oxygen, and a prophylactic eye agent to the newborn infant.
(c) A licensed traditional midwife shall not perform any operative or surgical procedures except for suture repair of first- or second-degree perineal lacerations.
147D.11 MEDICAL CONSULTATION PLAN.
(a) To be eligible for licensure as a traditional midwife, an applicant must develop a medical consultation plan, including an emergency plan. The plan must describe guidelines and under what conditions the plan is to be implemented for:
(1) consultation with a licensed health care provider;
(2) the transfer of care to a licensed health care provider; and
(3) immediate transport to a hospital.
(b) The conditions requiring the implementation of the medical consultation plan must meet at a minimum the conditions established by the Minnesota Midwives Guild in the Standards of Care and Certification Guide, the most current edition.
147D.15 PROTECTED TITLES.
No person may use the title "licensed traditional midwife," or "licensed midwife," or use, in connection with the person's name, the letters "LTM," "LM," or any other titles, words, letters, abbreviations, or insignia indicating or implying that the person is licensed or eligible for licensure by the state as a licensed traditional midwife unless the person has been licensed as a licensed traditional midwife according to this chapter.
A person whose license under this chapter has been revoked by the board is prohibited from practicing traditional midwifery.
A person who violates this section is guilty of a misdemeanor.
147D.13 REPORTING.
A licensed traditional midwife must complete a record of birth in accordance with section 144.215.
(a) A licensed traditional midwife must compile a summary report on each client. The report must include the following:
(1) vital records;
(2) scope of care administered;
(3) whether the medical consultation plan was implemented; and
(4) any physician or other health care provider referrals made.
(b) The board or advisory council may review these reports at any time upon request.
A licensed traditional midwife must promptly report to the commissioner of health and to the board any maternal, fetal, or neonatal mortality or morbidity.
A licensed traditional midwife must report to the board termination, revocation, or suspension of the licensed traditional midwife's certification or any disciplinary action taken against the licensed traditional midwife by the North American Registry of Midwives.
147D.21 CONTINUING EDUCATION REQUIREMENTS.
Three years after the date of initial licensure and every three years thereafter, a licensed traditional midwife must complete a minimum of 30 contact hours of board-approved continuing education and attest to completion of continuing education requirements by reporting to the board. At least five contact hours within a three-year reporting period must involve adult cardiopulmonary resuscitation and either infant cardiopulmonary resuscitation or neonatal advanced life support.
The board shall approve continuing education programs that meet the following criteria:
(1) the program content directly relates to the practice of traditional midwifery;
(2) each member of the program faculty is knowledgeable in the subject matter as demonstrated by a degree from an accredited education program, verifiable experience in the field of traditional midwifery, special training in the subject matter, or experience teaching in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific, measurable, written objectives, consistent with the program, describing the expected outcomes for the participants; and
(5) the program sponsor has a mechanism to verify participation and maintains attendance records for three years.
Continuing education program topics may include, but are not limited to, traditional midwifery care in the prenatal, labor, birth, and postpartum and newborn periods; assessing contraindications; care in emergency situations; ethics; and nutrition.
A licensed traditional midwife may not apply contact hours acquired in one three-year reporting period to a future continuing education reporting period.
The board shall periodically select a random sample of licensed traditional midwives and require those licensed traditional midwives to supply the board with evidence of having completed the continuing education to which they attested. Documentation may come directly from the licensed traditional midwife or from state or national organizations that maintain continuing education records.
147D.23 DISCIPLINE; REPORTING.
For purposes of this chapter, licensed traditional midwives and applicants are subject to the provisions of sections 147.091 to 147.162.
147D.19 BOARD ACTION ON APPLICATIONS FOR LICENSURE.
(a) The board shall act on each application for licensure according to paragraphs (b) to (d).
(b) The board shall determine if the applicant meets the requirements for licensure under section 147D.17. The board or advisory council may investigate information provided by an applicant to determine whether the information is accurate and complete.
(c) The board shall notify each applicant in writing of action taken on the application, the grounds for denying licensure if licensure is denied, and the applicant's right to review under paragraph (d).
(d) Applicants denied licensure may make a written request to the board, within 30 days of the board's notice, to appear before the advisory council and for the advisory council to review the board's decision to deny the applicant's license. After reviewing the denial, the advisory council shall make a recommendation to the board as to whether the denial shall be affirmed. Each applicant is allowed only one request for review per licensure period.
147D.25 ADVISORY COUNCIL ON LICENSED TRADITIONAL MIDWIFERY.
The board shall appoint a five-member Advisory Council on Licensed Traditional Midwifery. One member shall be a licensed physician who has been or is currently consulting or collaborating with licensed traditional midwives appointed from a list of names submitted to the board by the Minnesota Council of Certified Professional Midwives or its successors. Three members shall be licensed traditional midwives appointed from a list of names submitted to the board by Midwifery Now and the Minnesota Council of Certified Professional Midwives or their successors. One member shall be a parent of a child born under the care of a licensed traditional midwife appointed from a list of names submitted to the board by Minnesota Families for Midwifery, or its successor.
The advisory council shall be organized and administered under section 15.059.
The advisory council shall:
(1) advise the board regarding standards for licensed traditional midwives;
(2) provide for distribution of information regarding licensed traditional midwifery practice standards;
(3) advise the board on enforcement of this chapter;
(4) review applications and recommend granting or denying licensure or license renewal;
(5) advise the board on issues related to receiving and investigating complaints, conducting hearings, and imposing disciplinary action in relation to complaints against licensed traditional midwives;
(6) advise the board regarding approval of continuing education programs using the criteria in section 147D.21, subdivision 2;
(7) recommend alternate accrediting and credentialing organizations or agencies to the board; and
(8) perform other duties authorized for advisory councils by chapter 214, as directed by the board.
147D.27 FEES.
The license application fee is $100. The fee for initial licensure and annual renewal is $100. The fee for inactive status is $50. The fee for a temporary permit is $75.
The board may prorate the initial licensure fee. All licensed traditional midwives are required to pay the full fee upon license renewal.
An application for license renewal submitted after the deadline must be accompanied by a late fee of $75 in addition to the required fees.
The fees in this section are nonrefundable.
MS 2022 [Repealed, 2023 c 25 s 190]
(a) The board may also charge the following nonrefundable fees:
(1) traditional midwifery annual registration fee, $100;
(2) traditional midwifery application fee, $100;
(3) traditional midwifery late fee, $75;
(4) traditional midwifery inactive status fee, $50;
(5) traditional midwifery temporary permit fee, $75;
(6) traditional midwifery certification fee, $25;
(7) duplicate license or registration fee, $20;
(8) certification letter fee, $25;
(9) education or training program approval fee, $100;
(10) report creation and generation fee, $60 per hour billed in quarter-hour increments with a quarter-hour minimum; and
(11) verification fee, $25.
(b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund.
147E.01 DEFINITIONS.
The definitions in this section apply to this chapter.
"Advisory council" means the Registered Naturopathic Doctor Advisory Council established under section 147E.35.
"Approved naturopathic medical education program" means a naturopathic medical education program in the United States or Canada that meets the requirements for accreditation by the Council on Naturopathic Medical Education (CNME) or an equivalent federally recognized accrediting body for the naturopathic medical profession recognized by the board. This program must offer graduate-level full-time didactic and supervised clinical training leading to the degree of Doctor of Naturopathy or Doctor of Naturopathic Medicine. The program must be an institution, or part of an institution, of higher education that at the time the student completes the program is:
(1) either accredited or is a candidate for accreditation by a regional institution accrediting agency recognized by the United States Secretary of Education; or
(2) a degree granting college or university that prior to the existence of CNME offered a full-time structured curriculum in basic sciences and supervised patient care comprising a doctoral naturopathic medical education that is at least 132 weeks in duration, must be completed in at least 35 months, and is reputable and in good standing in the judgment of the board.
"Board" means the Board of Medical Practice or its designee.
"Contact hour" means an instructional session of 50 consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and social activities.
"Homeopathic preparations" means medicines prepared according to the Homeopathic Pharmacopoeia of the United States.
"Registered naturopathic doctor" means an individual registered under this chapter.
"Minor office procedures" means the use of operative, electrical, or other methods for the repair and care incidental to superficial lacerations and abrasions, superficial lesions, and the removal of foreign bodies located in the superficial tissues and the use of antiseptics and local topical anesthetics in connection with such methods.
"Naturopathic licensing examination" means the Naturopathic Physicians Licensing Examination or its successor administered by the North American Board of Naturopathic Examiners or its successor as recognized by the board.
"Naturopathic medicine" means a system of primary health care for the prevention, assessment, and treatment of human health conditions, injuries, and diseases that uses:
(1) services, procedures, and treatments as described in section 147E.05; and
(2) natural health procedures and treatments in section 146A.01, subdivision 4.
"Naturopathic physical medicine" includes, but is not limited to, the therapeutic use of the physical agents of air, water, heat, cold, sound, light, and electromagnetic nonionizing radiation and the physical modalities of electrotherapy, diathermy, ultraviolet light, hydrotherapy, massage, stretching, colon hydrotherapy, frequency specific microcurrent, electrical muscle stimulation, transcutaneous electrical nerve stimulation, and therapeutic exercise.
147E.05 SCOPE OF PRACTICE.
(a) The practice of naturopathic medicine includes, but is not limited to, the following services:
(1) ordering, administering, prescribing, or dispensing for preventive and therapeutic purposes: food, extracts of food, nutraceuticals, vitamins, minerals, amino acids, enzymes, botanicals and their extracts, botanical medicines, herbal remedies, homeopathic medicines, dietary supplements and nonprescription drugs as defined by the Federal Food, Drug, and Cosmetic Act, glandulars, protomorphogens, lifestyle counseling, hypnotherapy, biofeedback, dietary therapy, electrotherapy, galvanic therapy, oxygen, therapeutic devices, barrier devices for contraception, and minor office procedures, including obtaining specimens to assess and treat disease;
(2) performing or ordering physical examinations and physiological function tests;
(3) ordering clinical laboratory tests and performing waived tests as defined by the United States Food and Drug Administration Clinical Laboratory Improvement Amendments of 1988 (CLIA);
(4) referring a patient for diagnostic imaging including x-ray, CT scan, MRI, ultrasound, mammogram, and bone densitometry to an appropriately licensed health care professional to conduct the test and interpret the results;
(5) prescribing nonprescription medications and therapeutic devices or ordering noninvasive diagnostic procedures commonly used by physicians in general practice; and
(6) prescribing or performing naturopathic physical medicine.
(b) A registered naturopathic doctor may admit patients to a hospital if the naturopathic doctor meets the hospital's governing body requirements regarding credentialing and privileging process.
(a) The practice of naturopathic medicine does not include:
(1) administering therapeutic ionizing radiation or radioactive substances;
(2) administering general or spinal anesthesia;
(3) prescribing, dispensing, or administering legend drugs or controlled substances including chemotherapeutic substances; or
(4) performing or inducing abortions.
(b) A naturopathic doctor registered under this chapter shall not perform surgical procedures using a laser device or perform surgical procedures beyond superficial tissue.
(c) A naturopathic doctor shall not practice or claim to practice as a medical doctor, surgeon, osteopathic physician, dentist, podiatrist, optometrist, psychologist, advanced practice professional nurse, physician assistant, chiropractor, physical therapist, acupuncturist, dietician, nutritionist, or any other health care professional, unless the naturopathic physician also holds the appropriate license or registration for the health care practice profession.
147E.06 PROFESSIONAL CONDUCT.
(a) The registered naturopathic doctor shall obtain a signed informed consent from the patient prior to initiating treatment and after advising the patient of the naturopathic doctor's qualifications including education and registration information; and outlining of the scope of practice of registered naturopathic doctors in Minnesota. This information must be supplied to the patient in writing before or at the time of the initial visit. The registrant shall present treatment facts and options accurately to the patient or to the individual responsible for the patient's care and make treatment recommendations according to standards of good naturopathic medical practice.
(b) Upon request, the registered naturopathic doctor must provide a copy of the informed consent form to the board.
(a) A registered naturopathic doctor shall maintain a record for seven years for each patient treated, including:
(1) a copy of the informed consent;
(2) evidence of a patient interview concerning the patient's medical history and current physical condition;
(3) evidence of an examination and assessment;
(4) record of the treatment provided to the patient; and
(5) evidence of evaluation and instructions given to the patient, including acknowledgment by the patient in writing that, if deemed necessary by the registered naturopathic doctor, the patient has been advised to consult with another health care provider.
(b) A registered naturopathic doctor shall maintain the records of minor patients for seven years or until the minor's 19th birthday, whichever is longer.
All records maintained on a naturopathic patient by a registered naturopathic doctor are subject to sections 144.291 to 144.298.
Subd. 4. State and municipal public health regulations. A registered naturopathic doctor shall comply with all applicable state and municipal requirements regarding public health.
147E.10 PROTECTED TITLES.
(a) No individual may use the title "registered naturopathic doctor," "naturopathic doctor," "doctor of naturopathic medicine," or use, in connection with the individual's name, the letters "R.N.D." or "N.M.D.," or any other titles, words, letters, abbreviations, or insignia indicating or implying that the individual is a registered naturopathic doctor unless the individual has been registered as a registered naturopathic doctor according to this chapter.
(b) After July 1, 2009, individuals who are registered under this chapter and who represent themselves as practicing naturopathic medicine by use of a term in paragraph (a) shall conspicuously display the registration in the place of practice.
Nothing in this chapter may be construed to prohibit or to restrict:
(1) the practice of a profession by individuals who are licensed, certified, or registered under other laws of this state and are performing services within their authorized scope of practice;
(2) the provision of the complementary and alternative healing methods and treatments, including naturopathy, as described in chapter 146A;
(3) the practice of naturopathic medicine by an individual licensed, registered, or certified in another state and employed by the government of the United States while the individual is engaged in the performance of duties prescribed by the laws and regulations of the United States;
(4) the practice by a naturopathic doctor duly licensed, registered, or certified in another state, territory, or the District of Columbia when incidentally called into this state for consultation with a Minnesota licensed physician or Minnesota registered naturopathic doctor; or
(5) individuals not registered by this chapter from the use of individual modalities which comprise the practice of naturopathic medicine.
A person violating subdivision 1 is guilty of a misdemeanor.
147E.20 BOARD ACTION ON APPLICATIONS FOR REGISTRATION.
(a) The board shall act on each application for registration according to paragraphs (b) to (d).
(b) The board shall determine if the applicant meets the requirements for registration under section 147E.15. The board or advisory council may investigate information provided by an applicant to determine whether the information is accurate and complete.
(c) The board shall notify each applicant in writing of action taken on the application, the grounds for denying registration if registration is denied, and the applicant's right to review under paragraph (d).
(d) Applicants denied registration may make a written request to the board, within 30 days of the board's notice, to appear before the advisory council or the board and for the advisory council to review the board's decision to deny the applicant's registration. After reviewing the denial, the advisory council shall make a recommendation to the board as to whether the denial shall be affirmed. Each applicant is allowed only one request for review each yearly registration period.
147E.30 DISCIPLINE; REPORTING.
For purposes of this chapter, registered naturopathic doctors and applicants are subject to sections 147.091 to 147.162.
147E.35 REGISTERED NATUROPATHIC DOCTOR ADVISORY COUNCIL.
The board shall appoint a seven-member Registered Naturopathic Doctor Advisory Council consisting of one public member as defined in section 214.02, five registered naturopathic doctors who are residents of the state, and one licensed physician or osteopathic physician with expertise in natural medicine.
The advisory council shall be organized and administered under section 15.059. Section 15.059, subdivision 2, does not apply to this section. Members shall serve two-year terms, and shall serve until their successors have been appointed. The council shall select a chair from its membership.
The advisory council shall:
(1) advise the board regarding standards for registered naturopathic doctors;
(2) provide for distribution of information regarding registered naturopathic doctors standards;
(3) advise the board on enforcement of sections 147.091 to 147.162;
(4) review applications and recommend granting or denying registration or registration renewal;
(5) advise the board on issues related to receiving and investigating complaints, conducting hearings, and imposing disciplinary action in relation to complaints against registered naturopathic doctors;
(6) advise the board regarding approval of continuing education programs using the criteria in section 147E.25, subdivision 3; and
(7) perform other duties authorized for advisory councils by chapter 214, as directed by the board.
MS 2012 [Repealed, 2014 c 286 art 8 s 40]
147E.40 FEES.
(a) Fees are as follows:
(1) registration application fee, $200;
(2) renewal fee, $150;
(3) late fee, $75;
(4) inactive status fee, $50;
(5) temporary permit fee, $25;
(6) naturopathic doctor certification fee, $25;
(7) naturopathic doctor duplicate license fee, $20;
(8) naturopathic doctor emeritus registration fee, $50;
(9) naturopathic doctor certification fee, $25;
(10) duplicate license or registration fee, $20;
(11) certification letter fee, $25;
(12) verification fee, $25;
(13) education or training program approval fee, $100; and
(14) report creation and generation fee, $60 per hour billed in quarter-hour increments with a quarter-hour minimum.
(b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund.
The board may prorate the initial annual registration fee. All registrants are required to pay the full fee upon registration renewal.
An application for registration renewal submitted after the deadline must be accompanied by a late fee in addition to the required fees.
All of the fees in subdivision 1 are nonrefundable.
147F.01 DEFINITIONS.
For purposes of this chapter, the terms defined in this section have the meanings given them.
"ABGC" means the American Board of Genetic Counseling, a national agency for certification and recertification of genetic counselors, or its successor organization or equivalent.
"ABMG" means the American Board of Medical Genetics, a national agency for certification and recertification of genetic counselors, medical geneticists, and Ph.D. geneticists, or its successor organization.
"ACGC" means the Accreditation Council for Genetic Counseling, a specialized program accreditation board for educational training programs granting master's degrees or higher in genetic counseling, or its successor organization.
"Board" means the Board of Medical Practice.
"Eligible status" means an applicant who has met the requirements and received approval from the ABGC to sit for the certification examination.
"Genetic counseling" means the provision of services described in section 147F.03 to help clients and their families understand the medical, psychological, and familial implications of genetic contributions to a disease or medical condition.
"Genetic counselor" means an individual licensed under this chapter to engage in the practice of genetic counseling.
"Licensed physician" means an individual who is licensed to practice medicine under chapter 147.
"NSGC" means the National Society of Genetic Counselors, a professional membership association for genetic counselors that approves continuing education programs.
"Qualified supervisor" means any person who is licensed under this chapter as a genetic counselor or a physician licensed under chapter 147 to practice medicine in Minnesota.
"Supervisee" means a genetic counselor with a provisional license.
"Supervision" means an assessment of the work of the supervisee, including regular meetings and file review, by a qualified supervisor according to the supervision contract. Supervision does not require the qualified supervisor to be present while the supervisee provides services.
147F.17 FEES.
(a) Fees are as follows:
(1) license application fee, $200;
(2) initial licensure and annual renewal, $150;
(3) late fee, $75;
(4) genetic counselor certification fee, $25;
(5) temporary license fee, $60;
(6) duplicate license fee, $20;
(7) certification letter fee, $25;
(8) education or training program approval fee, $100; and
(9) report creation and generation fee, $60 per hour billed in quarter-hour increments with a quarter-hour minimum.
(b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund.
The board may prorate the initial license fee. All licensees are required to pay the full fee upon license renewal.
An application for registration renewal submitted after the deadline must be accompanied by a late fee in addition to the required fees.
All fees are nonrefundable.
Fees collected by the board under this section shall be deposited in the state government special revenue fund.
147F.09 BOARD ACTION ON APPLICATIONS FOR LICENSURE.
(a) The board shall act on each application for licensure according to paragraphs (b) to (d).
(b) The board shall determine if the applicant meets the requirements for licensure under section 147F.07. The board may investigate information provided by an applicant to determine whether the information is accurate and complete.
(c) The board shall notify each applicant in writing of action taken on the application, the grounds for denying licensure if a license is denied, and the applicant's right to review the board's decision under paragraph (d).
(d) Applicants denied licensure may make a written request to the board, within 30 days of the board's notice, to appear before the advisory council and for the advisory council to review the board's decision to deny the applicant's license. After reviewing the denial, the advisory council shall make a recommendation to the board as to whether the denial shall be affirmed. Each applicant is allowed only one request for review per licensure period.
147F.13 DISCIPLINE; REPORTING.
For purposes of this chapter, licensed genetic counselors and applicants are subject to sections 147.091 to 147.162.
147F.15 LICENSED GENETIC COUNSELOR ADVISORY COUNCIL.
The board shall appoint a five-member Licensed Genetic Counselor Advisory Council. One member must be a licensed physician with experience in genetics, three members must be licensed genetic counselors, and one member must be a public member.
The advisory council shall be organized and administered as provided in section 15.059.
The advisory council shall:
(1) advise the board regarding standards for licensed genetic counselors;
(2) provide for distribution of information regarding licensed genetic counselor practice standards;
(3) advise the board on enforcement of this chapter;
(4) review applications and recommend granting or denying licensure or license renewal;
(5) advise the board on issues related to receiving and investigating complaints, conducting hearings, and imposing disciplinary action in relation to complaints against licensed genetic counselors; and
(6) perform other duties authorized for advisory councils under chapter 214, as directed by the board.
Notwithstanding section 15.059, the advisory council does not expire.
147F.03 SCOPE OF PRACTICE.
The practice of genetic counseling by a licensed genetic counselor includes the following services:
(1) obtaining and interpreting individual and family medical and developmental histories;
(2) determining the mode of inheritance and the risk of transmitting genetic conditions and birth defects;
(3) discussing the inheritance, features, natural history, means of diagnosis, and management of conditions with clients;
(4) identifying, coordinating, ordering, and explaining the clinical implications of genetic laboratory tests and other laboratory studies;
(5) assessing psychosocial factors, including social, educational, and cultural issues;
(6) providing client-centered counseling and anticipatory guidance to the client or family based on their responses to the condition, risk of occurrence, or risk of recurrence;
(7) facilitating informed decision-making about testing and management;
(8) identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy; and
(9) providing accurate written medical, genetic, and counseling information for families and health care professionals.
147F.11 CONTINUING EDUCATION REQUIREMENTS.
(a) A licensed genetic counselor must complete a minimum of 25 hours of NSGC- or ABMG-approved continuing education units every two years. If a licensee's renewal term is prorated to be more or less than one year, the required number of continuing education units is prorated proportionately.
(b) The board may grant a variance to the continuing education requirements specified in this section if a licensee demonstrates to the satisfaction of the board that the licensee is unable to complete the required number of educational units during the renewal term. The board may allow the licensee to complete the required number of continuing education units within a time frame specified by the board. In no case shall the board allow the licensee to complete less than the required number of continuing education units.
147F.05 UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES AND RESTRICTIONS ON USE.
No individual may use the title "genetic counselor," "licensed genetic counselor," "gene counselor," "genetic consultant," "genetic assistant," "genetic associate," or any words, letters, abbreviations, or insignia indicating or implying that the individual is eligible for licensure by the state as a genetic counselor unless the individual has been licensed as a genetic counselor according to this chapter.
Effective January 1, 2018, no individual may practice genetic counseling unless the individual is licensed as a genetic counselor under this chapter except as otherwise provided under this chapter.
(a) Nothing in this chapter shall be construed to prohibit or restrict the practice of any profession or occupation licensed or registered by the state by an individual duly licensed or registered to practice the profession or occupation or to perform any act that falls within the scope of practice of the profession or occupation.
(b) Nothing in this chapter shall be construed to require a license under this chapter for:
(1) an individual employed as a genetic counselor by the federal government or a federal agency if the individual is providing services under the direction and control of the employer;
(2) a student or intern, having graduated within the past six months, or currently enrolled in an ACGC-accredited genetic counseling educational program providing genetic counseling services that are an integral part of the student's or intern's course of study, are performed under the direct supervision of a licensed genetic counselor or physician who is on duty in the assigned patient care area, and the student is identified by the title "genetic counseling intern";
(3) a visiting ABGC- or ABMG-certified genetic counselor working as a consultant in this state who permanently resides outside of the state, or the occasional use of services from organizations from outside of the state that employ ABGC- or ABMG-certified genetic counselors. This is limited to practicing for 30 days total within one calendar year. Certified genetic counselors from outside of the state working as a consultant in this state must be licensed in their state of residence if that credential is available; or
(4) an individual who is licensed to practice medicine under chapter 147.
An individual who violates this section is guilty of a misdemeanor and shall be subject to sanctions or actions according to section 214.11.
148.02 CHIROPRACTORS; STATE BOARD OF EXAMINERS.
There is hereby created and established a board to be known by the name and style of the state Board of Chiropractic Examiners.
148.03 APPOINTMENT.
The governor shall appoint a Board of Chiropractic Examiners consisting of two public members as defined by section 214.02 and five resident chiropractors who shall have practiced chiropractic in this state for at least three years immediately prior to the time of appointment, all of whom shall be graduates of a course of chiropractic, but no more than two of whom shall be graduates of the same school or college of chiropractic. Membership terms, compensation of members, removal of members, the filling of membership vacancies, and fiscal year and reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative services and office space; the review and processing of complaints; the setting of board fees; and other provisions relating to board operations shall be as provided in chapter 214. The board shall have the authority to prescribe rules relative to the examination of applicants for license to practice chiropractic and for the annual renewal of licenses. Vacancies caused by death or otherwise shall be filled by the governor within 60 days. No member of the board shall be financially interested in any chiropractic school or college or be in any way affiliated with the practice of other methods of healing as are now regulated by law in this state.
148.032 REGISTRATION IN ANIMAL CHIROPRACTIC DIAGNOSIS AND TREATMENT.
(a) The following educational criteria must be applied to any licensed chiropractor who requests registration in animal chiropractic diagnosis and treatment. The criteria must include education and training in the following subjects:
(1) anatomy;
(2) anatomy laboratory;
(3) biomechanics and gait;
(4) chiropractic educational basics;
(5) animal chiropractic diversified adjusting technique, including:
(i) lecture cervical;
(ii) thoracic;
(iii) lumbosacral;
(iv) pelvic; and
(v) extremity;
(6) animal chiropractic diversified adjusting technique, including:
(i) laboratory cervical;
(ii) thoracic;
(iii) lumbosacral;
(iv) pelvic; and
(v) extremity;
(7) case management and case studies;
(8) chiropractic philosophy;
(9) ethics and legalities;
(10) neurology, neuroanatomy, and neurological conditions;
(11) pathology;
(12) radiology;
(13) research in current chiropractic and veterinary topics;
(14) rehabilitation, current topics, evaluation, and assessment;
(15) normal foot anatomy and normal foot care;
(16) saddle fit and evaluation, lecture, and laboratory;
(17) veterinary educational basics;
(18) vertebral subluxation complex; and
(19) zoonotic diseases.
(b) A licensed chiropractor requesting registration in animal chiropractic diagnosis and treatment must have completed and passed a course of study from an American Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or higher institution-approved program, consisting of no less than 210 hours of education and training as set forth in paragraph (a).
(c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis and treatment must maintain complete and accurate records and patient files in the chiropractor's office for at least three years.
(d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis and treatment must make treatment notes and records available to the patient's owner upon request and must communicate their findings and treatment plan with the referring veterinarian if requested by the patient's owner.
(e) A licensed chiropractor who treats both animal and human patients in the same facility must post a conspicuous sign in the reception area of that facility informing customers that nonhuman patients are treated on the premises.
148.031 CONTINUING EDUCATION.
The board shall adopt rules requiring continuing education for chiropractors licensed under this chapter who regularly practice in the area of workers' compensation. These rules shall include rules relating to continuing education designed to assure the coordination of treatment, rehabilitation, and other chiropractic services provided to injured employees under chapter 176. Rules relative to education under chapter 176 shall be adopted jointly with the commissioner of labor and industry. These rules shall be consistent with section 214.12.
148.033 ANIMAL CHIROPRACTIC CONTINUING EDUCATION HOURS.
Any chiropractor engaged in the practice of animal chiropractic diagnosis and treatment applying for renewal of a registration related to animal chiropractic diagnosis and treatment must have completed a minimum of six hours annually of continuing education in animal chiropractic diagnosis and treatment, in addition to the required 20 hours annually of continuing education in human chiropractic under this chapter. The continuing education course attended for purposes of complying with this section must be approved by the board prior to attendance by the chiropractor.
148.035 SEPARATE TREATMENT ROOM REQUIRED.
A licensed chiropractor who provides animal chiropractic treatment in the same facility where human patients are treated shall maintain a separate noncarpeted room for the purpose of adjusting animals. The table and equipment used for animals shall not be used for human patients.
148.04 PROCEDURE.
The officers of the Board of Chiropractic Examiners shall have power to administer oaths, summon witnesses, and take testimony as to matters pertaining to its duties. It shall adopt a minimum of educational requirements not inconsistent with the provisions of sections 148.01 to 148.10, which shall be without prejudice, partiality, or discrimination as to the different schools or colleges of chiropractic. The board shall meet at such times as the majority of the board may deem proper. A majority of the board shall constitute a quorum for the transaction of business. The secretary shall keep a record of its proceedings. This report shall be prima facie evidence of all matters therein recorded.
148.05 LICENSE AND FEE.
At its first meeting the state Board of Chiropractic Examiners shall issue to each member a license to practice chiropractic, for which the member shall pay a fee set by the board. The board shall have a common seal and promulgate rules to govern its actions.
148.07 RENEWAL FEES; EXPENSES.
All persons practicing chiropractic within this state, or licensed so to do, shall pay, on or before the date of expiration of their licenses, to the Board of Chiropractic Examiners a renewal fee set in accordance with section 16A.1283, with a penalty for each month or portion thereof for which a license fee is in arrears and upon payment of the renewal and upon compliance with all the rules of the board, shall be entitled to renewal of their license.
The expenses of administering sections 148.01 to 148.105 shall be paid from the appropriation made to the state Board of Chiropractic Examiners. Expenditures and revenues must be managed in accordance with the statewide accounting principles and requirements of the commissioner of management and budget.
[Repealed, 1975 c 136 s 77]
148.08 RULES.
[Repealed, 1976 c 222 s 209]
Chiropractors shall be subject to the same rules and regulations, both municipal and state, that govern other licensed doctors or physicians in the control of contagious and infectious diseases, and shall be entitled to sign health and death records, and to all rights and privileges of other doctors or physicians in all matters pertaining to the public health, except prescribing internal drugs or the practice of medicine, physical therapy, surgery and obstetrics.
The Board of Chiropractic Examiners shall promulgate rules necessary to administer sections 148.01 to 148.105 to protect the health, safety, and welfare of the public, including rules governing the practice of chiropractic and defining any terms, whether or not used in sections 148.01 to 148.105, if the definitions are not inconsistent with the provisions of sections 148.01 to 148.105.