reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.07 — Authority And Duties Of Health Care Agent.

145C.07 AUTHORITY AND DUTIES OF HEALTH CARE AGENT.
Subdivision 1.
Authority.
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.
Subd. 2.
Health care agent as guardian.
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.
Subd. 3.
Duties.
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.
Subd. 4.
Inconsistencies among documents.
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.
Subd. 5.
Visitation.
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.
History:
1993 c 312 s 8; 1998 c 399 s 18; 2004 c 146 art 3 s 4,5; 2007 c 147 art 9 s 23; 2020 c 115 art 4 s 71; 2022 c 58 s 82
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.08 — Authority To Review Medical Records.

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.
History:
1993 c 312 s 9; 1998 c 399 s 19
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.09 — Revocation Of Health Care Directive.

145C.09 REVOCATION OF HEALTH CARE DIRECTIVE.
Subdivision 1.
Revocation.
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.
Subd. 2.
Effect of marriage dissolution, annulment, or termination of domestic partnership.
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.
Subd. 3.
Power of a court to declare a health care directive unenforceable.
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.
History:
1993 c 312 s 10; 1998 c 399 s 20; 2003 c 12 art 2 s 1; 2010 c 254 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.10 — Presumptions.

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.
History:
1993 c 312 s 11; 1998 c 399 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.11 — Immunities.

145C.11 IMMUNITIES.
Subdivision 1.
Health care agent.
A health care agent is not subject to criminal prosecution or civil liability if the health care agent acts in good faith.
Subd. 2.
Health care provider.
(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.
History:
1993 c 312 s 12; 1998 c 399 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.12 — Prohibited Practices.

145C.12 PROHIBITED PRACTICES.
Subdivision 1.
Health care provider.
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.
Subd. 2.
Insurance.
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.
History:
1993 c 312 s 13; 1998 c 399 s 23
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.13 — Penalties.

145C.13 PENALTIES.
Subdivision 1.
Gross misdemeanor offenses.
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.
Subd. 2.
Felony offenses.
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.
History:
1993 c 312 s 14; 1998 c 399 s 25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.14 — Certain Practices Not Condoned.

145C.14 CERTAIN PRACTICES NOT CONDONED.
Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia.
History:
1993 c 312 s 15
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.15 — Duty To Provide Life-sustaining Health Care.

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.
History:
1993 c 312 s 16; 1998 c 399 s 26
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.17 — Opioid Instructions Entered Into Health Record.

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.
History:
2019 c 63 art 2 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146 — Healing Arts, Registration › Section 146.01 — Definition; Practicing Healing And Practice Of Healing.

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.
History:
(5705-1) 1927 c 149 s 1; 1971 c 410 s 1; 1974 c 224 s 2; 1986 c 444; 2016 c 119 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146 — Healing Arts, Registration › Section 146.13 — Registration Fees.

146.13 REGISTRATION FEES.
Every person not hereinafter excepted from the provisions of this chapter authorized to practice healing in this state shall annually register with the director of the particular board of examiners which examined and registered or licensed the person to practice that branch or system of healing pursued; and shall, at that time, for the purpose of making such registration, sign and send to such director in writing the following: name, the name of the place, and the address, at which the practice of healing is engaged in, and pay to the director each year a fee in an amount to be fixed by rule of the respective board of examiners. Any person who shall change the address or place of practice during the year shall forthwith notify such director in writing of such change, giving such new address or place. The director of each board of examiners shall keep a proper register of all such persons and to each person so registering the proper board shall issue a certificate for the current year, signed by the president and the director and sealed with the seal of such board, setting forth name, the name of the place and the address at which the practice of healing is engaged in, and the branch or system of healing pursued. Any person not hereinafter excepted from the provisions of this chapter lawfully entitled to engage in the practice of healing in this state, and who shall not be currently registered as provided in this section, shall, within 30 days after first so engaging in the practice of healing, register with the proper examining board in the manner provided in this chapter, pay to the director of such board the fee above required, and received from such board a certificate as above prescribed for the balance of such year. Every person receiving a certificate, as herein provided, shall display the same in a conspicuous place in the office or other corresponding place where the practice of healing is pursued.
All fees received by the director of any examining board for registration required by this section shall be paid to the general fund. The expenses of keeping proper registers, furnishing the certificates herein provided for, employing inspectors for procuring evidence of any violation of the laws administered thereby and aiding in the enforcement of such laws, and for such other expenses as may be necessarily paid or incurred in the exercise of its powers or performance of its duties, shall be paid from the appropriation made to the examining board.
History:
(5705-13) 1927 c 149 s 13; 1955 c 365 s 1; 1959 c 345 s 1; 1967 c 111 s 1; 1975 c 233 s 1; 1985 c 247 s 25; 1986 c 444; 1989 c 282 art 2 s 38
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146 — Healing Arts, Registration › Section 146.15 — Discrimination Against Systems Of Healing.

146.15 DISCRIMINATION AGAINST SYSTEMS OF HEALING.
The several boards or other officers whose duty it shall be to administer or carry into effect the provisions of this chapter shall, while exercising such authority, in no manner discriminate against any system or branch of healing.
History:
(5705-15) 1927 c 149 s 15; 1974 c 224 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146 — Healing Arts, Registration › Section 146.18 — Practicing Without Registering Or Displaying Certificate.

146.18 PRACTICING WITHOUT REGISTERING OR DISPLAYING CERTIFICATE.
Any person who shall practice healing or attempt to practice healing in this state without having registered with the examining board in the system or branch of healing pursued, as herein provided, or without displaying a certificate of annual registration with the proper board of examiners, as herein provided, shall be guilty of a misdemeanor.
History:
(5705-18) 1927 c 149 s 18; 1974 c 224 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146 — Healing Arts, Registration › Section 146.19 — Other Offenses; Penalty.

146.19 OTHER OFFENSES; PENALTY.
Any person implicated in employing fraud or deception in registering annually under this chapter shall be guilty of a gross misdemeanor.
History:
(5705-19) 1927 c 149 s 19; 1955 c 868 s 1; 1971 c 410 s 7; 1974 c 224 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146 — Healing Arts, Registration › Section 146.23 — Manual Or Mechanical Therapy.

146.23 MANUAL OR MECHANICAL THERAPY.
Subdivision 1.
Therapy.
"Manual therapy" or "mechanical therapy" as used in this section means manipulation or adjusting joint articulation without anesthesia.
Subd. 2.
Training requirement.
A person regulated under this chapter who is not otherwise authorized to provide manual therapy or mechanical therapy, intending to directly treat or normalize abnormal or dysfunctional articulations of the human body must be certified by the state board which regulates the person's practice as successfully completing training in manual or mechanical therapy at a level of not less than: (1) 555 hours of training to include lecture and supervised laboratory training; (2) 315 hours in the area of radiographic interpretation; and (3) 1,155 hours of supervised work in an outpatient setting. The training must be provided by an institution which is fully accredited in the area of chiropractic, medicine, osteopathic medicine, or physical therapy.
Subd. 3.
Diagnosis required before therapy.
Before manual therapy or mechanical therapy is provided, a person licensed by a particular board of examiners to diagnose another person for any disease, injury, defect, deformity, or infirmity of the body must determine that the person to receive therapy does not have a condition that would contraindicate the therapy. If the person making the diagnosis is not also performing the therapy, that person must give a written diagnosis report prior to the initiation of therapy to the person performing the therapy and is responsible for ensuring that the person performing the therapy has complied with the training requirements under subdivision 2.
Subd. 4.
Rules.
Any board that regulates persons affected by this section may adopt rules for the purposes of this section.
Subd. 5.
Penalty.
A person who violates this section is subject to disciplinary action by the board that regulates the person's practice.
Subd. 6.
Scope of practice.
Nothing in this section expands or limits the scope of practice of licensed physical therapists or occupational therapists certified by the American Occupational Therapy Certification Board.
Subd. 7.
Exemption.
The provisions of subdivision 2 do not apply to physicians and doctors of osteopathic medicine licensed under chapter 147.
History:
1993 c 293 s 1; 2000 c 260 s 23; 2016 c 119 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146A — Complementary And Alternative Health Care Practices › Section 146A.02 — Office Of Unlicensed Complementary And Alternative Health Care Practice.

146A.02 OFFICE OF UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICE.
Subdivision 1.
Creation.
The Office of Unlicensed Complementary and Alternative Health Care Practice is created in the Department of Health to investigate complaints and take and enforce disciplinary actions against all unlicensed complementary and alternative health care practitioners for violations of prohibited conduct, as defined in section 146A.08. The office shall also serve as a clearinghouse on complementary and alternative health care practices and unlicensed complementary and alternative health care practitioners through the dissemination of objective information to consumers and through the development and performance of public education activities, including outreach, regarding the provision of complementary and alternative health care practices and unlicensed complementary and alternative health care practitioners who provide these services.
Subd. 2.
Rulemaking.
The commissioner shall adopt rules necessary to implement, administer, or enforce provisions of this chapter pursuant to chapter 14.
History:
2000 c 460 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146A — Complementary And Alternative Health Care Practices › Section 146A.025 — Maltreatment Of Minors.

146A.025 MALTREATMENT OF MINORS.
Nothing in this chapter shall restrict the ability of a local welfare agency, local law enforcement agency, the commissioner of human services, or the state to take action regarding the maltreatment of minors under section 609.378 or 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.
History:
2000 c 460 s 11; 1Sp2020 c 2 art 8 s 31
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146A — Complementary And Alternative Health Care Practices › Section 146A.04 — Immunity.

146A.04 IMMUNITY.
Subdivision 1.
Reporting.
Any person, other than the unlicensed complementary and alternative health care practitioner who committed the violation, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting a report to the office, for otherwise reporting to the office violations or alleged violations of this chapter, or for cooperating with an investigation of a report, except as provided in this subdivision. Any person who knowingly or recklessly makes a false report is liable in a civil suit for any damages suffered by the person or persons so reported and for any punitive damages set by the court or jury. An action requires clear and convincing evidence that the defendant made the statement with knowledge of falsity or with reckless disregard for its truth or falsity. The report or statement or any statement made in cooperation with an investigation or as part of a disciplinary proceeding is privileged except in an action brought under this subdivision.
Subd. 2.
Investigation.
The commissioner and employees of the Department of Health and other persons engaged in the investigation of violations and in the preparation, presentation, and management of and testimony pertaining to charges of violations of this chapter are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under this chapter.
History:
2000 c 460 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146A — Complementary And Alternative Health Care Practices › Section 146A.05 — Disciplinary Record On Judicial Review.

146A.05 DISCIPLINARY RECORD ON JUDICIAL REVIEW.
Upon judicial review of any disciplinary action taken by the commissioner under this chapter, the reviewing court shall seal the portions of the administrative record that contain data on a complementary and alternative health care client or a complainant under section 146A.03, and shall not make those portions of the administrative record available to the public.
History:
2000 c 460 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146A — Complementary And Alternative Health Care Practices › Section 146A.065 — Complementary And Alternative Health Care Practices By Licensed Or Registered Health Care Practitioners.

146A.065 COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICES BY LICENSED OR REGISTERED HEALTH CARE PRACTITIONERS.
(a) A health care practitioner licensed or registered by the commissioner or a health-related licensing board, who engages in complementary and alternative health care while practicing under the practitioner's license or registration, shall be regulated by and be under the jurisdiction of the applicable health-related licensing board with regard to the complementary and alternative health care practices.
(b) A health care practitioner licensed or registered by the commissioner or a health-related licensing board shall not be subject to disciplinary action solely on the basis of utilizing complementary and alternative health care practices as defined in section 146A.01, subdivision 4, paragraph (a), as a component of a patient's treatment, or for referring a patient to a complementary and alternative health care practitioner as defined in section 146A.01, subdivision 6.
(c) A health care practitioner licensed or registered by the commissioner or a health-related licensing board who utilizes complementary and alternative health care practices must provide patients receiving these services with a written copy of the complementary and alternative health care client bill of rights pursuant to section 146A.11.
(d) Nothing in this section shall be construed to prohibit or restrict the commissioner or a health-related licensing board from imposing disciplinary action for conduct that violates provisions of the applicable licensed or registered health care practitioner's practice act.
History:
2014 c 291 art 4 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146A — Complementary And Alternative Health Care Practices › Section 146A.07 — Professional Accountability.

146A.07 PROFESSIONAL ACCOUNTABILITY.
The office shall maintain and keep current a file containing the reports and complaints filed against unlicensed complementary and alternative health care practitioners within the commissioner's jurisdiction. Each complaint filed with the office must be investigated. If the files maintained by the office show that a malpractice settlement or award has been made against an unlicensed complementary and alternative health care practitioner, as reported by insurers under section 146A.03, subdivision 5, the commissioner may authorize a review of the practitioner's practice by the staff of the office.
History:
2000 c 460 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146A — Complementary And Alternative Health Care Practices › Section 146A.10 — Additional Remedies.

146A.10 ADDITIONAL REMEDIES.
Subdivision 1.
Cease and desist.
(a) The commissioner may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the office has issued or is empowered to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the commissioner and is not reviewable by a court or agency.
(b) A hearing must be initiated by the office not later than 30 days from the date of the office's receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's report, the commissioner shall issue a final order modifying, vacating, or making permanent the cease and desist order as the facts require. The final order remains in effect until modified or vacated by the commissioner.
(c) When a request for a stay accompanies a timely hearing request, the commissioner may, in the commissioner's discretion, grant the stay. If the commissioner does not grant a requested stay, the commissioner shall refer the request to the Office of Administrative Hearings within three working days of receipt of the request. Within ten days after receiving the request from the commissioner, an administrative law judge shall issue a recommendation to grant or deny the stay. The commissioner shall grant or deny the stay within five days of receiving the administrative law judge's recommendation.
(d) In the event of noncompliance with a cease and desist order, the commissioner may institute a proceeding in Hennepin County District Court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the office not exceeding $10,000 for each separate violation.
Subd. 2.
Injunctive relief.
In addition to any other remedy provided by law, including the issuance of a cease and desist order under subdivision 1, the commissioner may in the commissioner's own name bring an action in Hennepin County District Court for injunctive relief to restrain an unlicensed complementary and alternative health care practitioner from a violation or threatened violation of any statute, rule, or order which the commissioner is empowered to regulate, enforce, or issue. A temporary restraining order must be granted in the proceeding if continued activity by a practitioner would create a serious risk of harm to others. The commissioner need not show irreparable harm.
Subd. 3.
Additional powers.
The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a practitioner from criminal prosecution by a competent authority or from disciplinary action by the commissioner.
History:
2000 c 460 s 19
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146B — Body Art › Section 146B.04 — Temporary Licensure For Guest Artists.

146B.04 TEMPORARY LICENSURE FOR GUEST ARTISTS.
Subdivision 1.
General.
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.
Subd. 2.
Guest artists.
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.
History:
2010 c 317 s 4; 2011 c 110 art 2 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146B — Body Art › Section 146B.05 — Grounds For Denial Of An Establishment License Or Emergency Closure.

146B.05 GROUNDS FOR DENIAL OF AN ESTABLISHMENT LICENSE OR EMERGENCY CLOSURE.
Subdivision 1.
General.
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.
Subd. 2.
Licensure or reopening requirements.
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.
History:
2010 c 317 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146B — Body Art › Section 146B.09 — County Or Municipal Regulation.

146B.09 COUNTY OR MUNICIPAL REGULATION.
Nothing in this chapter preempts or supersedes any county or municipal ordinance relating to land use, building and construction requirements, nuisance control, or the licensing of commercial enterprises in general.
History:
2010 c 317 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 146B — Body Art › Section 146B.10 — Fees.

146B.10 FEES.
Subdivision 1.
Licensing fees.
(a) The fee for the initial technician licensure and biennial licensure renewal is $420.
(b) The fee for temporary technician licensure is $240.
(c) The fee for the temporary guest artist license is $140.
(d) The fee for a dual body art technician license is $420.
(e) The fee for a provisional establishment license is $1,500.
(f) The fee for an initial establishment license and the two-year license renewal period required in section 146B.02, subdivision 2, paragraph (b), is $1,500.
(g) The fee for a temporary body art establishment event permit is $200.
(h) The commissioner shall prorate the initial two-year technician license fee based on the number of months in the initial licensure period. The commissioner shall prorate the first renewal fee for the establishment license based on the number of months from issuance of the provisional license to the first renewal.
(i) The fee for verification of licensure to other states is $25.
(j) The fee to reissue a provisional establishment license that relocates prior to inspection and removal of provisional status is $350. The expiration date of the provisional license does not change.
(k) The fee to change an establishment name or establishment type, such as tattoo, piercing, or dual, is $50.
Subd. 2.
Late renewal fee.
(a) The fee for late submission of a technician renewal application is $150.
(b) The fee for late submission of an establishment renewal application is $300.
Subd. 2a.
Technical violation fee for practice after lapse.
(a) The technical violation fee for practicing body art after a body art license has expired and before it is renewed is $200 for any part of the first month, plus $200 for any part of any subsequent month up to one year. Continued practice or operation after one year becomes a disciplinary violation.
(b) The technical violation fee for practicing body art after a temporary body art license has expired and before it is renewed is $100 for any part of the first month, plus $100 for any part of any subsequent month up to six months. Continued practice or operation after six months becomes a disciplinary violation.
(c) The technical violation fee for operating a body art establishment after the license has expired and before it is renewed is $300 for any part of the first month, plus $300 for any part of any subsequent month up to six months. Continued practice or operation after six months becomes a disciplinary violation.
Subd. 3.
Deposit.
Fees collected by the commissioner under this section must be deposited in the state government special revenue fund.
History:
2010 c 317 s 10; 2011 c 110 art 2 s 5; 1Sp2017 c 6 art 10 s 109-111
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.001 — Scope And Purpose.

147.001 SCOPE AND PURPOSE.
Subdivision 1.
Scope.
Sections 147.01 to 147.37 may be cited as the "Minnesota Medical Practice Act."
Subd. 2.
Purpose.
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.
History:
1996 c 334 s 2; 2013 c 44 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.011 — Definition.

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.
History:
1995 c 18 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.012 — Oversight Of Allied Health Professions.

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.
History:
2013 c 44 s 5; 2019 c 8 art 7 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.025 — Evidence Of Past Sexual Conduct.

147.025 EVIDENCE OF PAST SEXUAL CONDUCT.
In a proceeding for the suspension or revocation of a license or other disciplinary action for unethical or unprofessional conduct involving sexual contact with a patient or former patient, the board or administrative law judge shall not consider evidence of the patient's previous sexual conduct nor shall any reference to this conduct be made during the proceedings or in the findings, except by motion of the complainant, unless the evidence would be admissible under the applicable provisions of section 609.347, subdivision 3.
History:
1984 c 556 s 1; 1984 c 640 s 32
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.033 — Practice Of Telehealth.

147.033 PRACTICE OF TELEHEALTH.
Subdivision 1.
Definition.
For the purposes of this section, "telehealth" has the meaning given in section 62A.673, subdivision 2, paragraph (h).
Subd. 2.
Physician-patient relationship.
A physician-patient relationship may be established through telehealth.
Subd. 3.
Standards of practice and conduct.
A physician providing health care services by telehealth in this state shall be held to the same standards of practice and conduct as provided in this chapter for in-person health care services.
History:
2017 c 58 s 1; 1Sp2021 c 7 art 6 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.035 — Malpractice History.

147.035 MALPRACTICE HISTORY.
Subdivision 1.
Submission.
A person desiring to practice medicine in this state who has previously practiced in another state shall submit the following additional information with the license application for the five-year period of active practice preceding the date of filing such application:
(a) The name and address of the person's professional liability insurer in the other state.
(b) The number, date, and disposition of any medical malpractice settlement or award made to the plaintiff relating to the quality of medical treatment.
Subd. 2.
Board action.
The board shall give due consideration to the information submitted pursuant to section 147.03 and this section. An applicant who willfully submits incorrect information shall be subject to disciplinary action pursuant to section 147.091.
History:
1976 c 222 s 35; 1985 c 247 s 25; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.038 — Cancellation Of License In Good Standing.

147.038 CANCELLATION OF LICENSE IN GOOD STANDING.
Subdivision 1.
Board approval; reporting.
A person holding a license to practice medicine in the state may, upon approval of the board, be granted license cancellation if the board is not investigating the person as a result of a complaint or information received or if the board has not begun disciplinary proceedings against the person. Such action by the board must be reported as a cancellation of a license in good standing.
Subd. 2.
Fees nonrefundable.
A person who receives board approval for license cancellation is not entitled to a refund of any license fees paid for the licensure year in which cancellation of the license occurred.
Subd. 3.
New license after cancellation.
If a person who has been granted board approval for license cancellation desires to resume the practice of medicine in Minnesota, that person must obtain a new license by applying for licensure and fulfilling the requirements then in existence for obtaining an initial license to practice medicine in Minnesota.
History:
1991 c 106 s 3; 2020 c 79 art 1 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.0381 — Cancellation Of Credentials Under Disciplinary Order.

147.0381 CANCELLATION OF CREDENTIALS UNDER DISCIPLINARY ORDER.
Subdivision 1.
Board approval; reporting.
A person regulated by the board, whose right to practice is under suspension, condition, limitation, qualification, or restriction by the board may be granted cancellation of credentials by approval of the board. Such action by the board shall be reported as cancellation while under discipline.
Credentials, for purposes of this section, means board authorized documentation of the privilege to practice a board-regulated profession.
Subd. 2.
Fees nonrefundable.
A person regulated by the board who receives board approval for credential cancellation is not entitled to a refund of any fees paid for the credentialing year in which cancellation of the credential occurred.
Subd. 3.
New credential after cancellation.
If a person regulated by the board, who has been granted board approval for credential cancellation, desires to resume the practice of the regulated profession in Minnesota, that person must obtain a new credential by applying to the board and fulfilling the requirements then in existence for obtaining an initial credential to practice the regulated profession in Minnesota.
History:
1995 c 18 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.039 — Cancellation Of License For Nonrenewal.

147.039 CANCELLATION OF LICENSE FOR NONRENEWAL.
The Board of Medical Practice shall not renew, reissue, reinstate, or restore a license that has lapsed and is not subject to a pending review, investigation, or disciplinary action, and has not been renewed within two annual license renewal cycles. A licensee whose license is canceled for nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license to practice medicine in Minnesota.
History:
1991 c 106 s 4; 2020 c 79 art 1 s 3