Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1270 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health-related occupations; modifying licensing for practice of
3	3	1.3 acupuncture and herbal medicine; amending Minnesota Statutes 2024, sections
4	4	1.4 147B.01, subdivisions 3, 4, 9, 14, by adding a subdivision; 147B.03, subdivisions
5	5	1.5 2, 3; 147B.05, subdivision 1; 147B.06, subdivisions 1, 4, 5; repealing Minnesota
6	6	1.6 Statutes 2024, section 147B.01, subdivision 18.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 147B.01, is amended by adding a subdivision
9	9	1.9to read:
10	10	1.10 Subd. 2a.Acupuncture."Acupuncture" means a unique treatment technique that uses
11	11	1.11modern and traditional medical methods of diagnosis and treatment. It includes the insertion
12	12	1.12of filiform or acupuncture needles through the skin and may include the use of other
13	13	1.13biophysical methods of acupuncture point stimulation, including the use of heat, massage,
14	14	1.14or manual therapy techniques or electrical stimulation. Acupuncture includes but is not
15	15	1.15limited to therapies termed "dry needling," "trigger point therapy," "intramuscular therapy,"
16	16	1.16"auricular detox treatment," and similar terms referring to the insertion of needles past the
17	17	1.17skin for pain management, disease or symptom modification, or other related treatments.
18	18	1.18 Sec. 2. Minnesota Statutes 2024, section 147B.01, subdivision 3, is amended to read:
19	19	1.19 Subd. 3.Acupuncture and herbal medicine practice."Acupuncture and herbal medicine
20	20	1.20practice" means a comprehensive system of primary health care using Oriental medical
21	21	1.21theory and its unique methods of diagnosis and treatment. Its treatment techniques include
22	22	1.22the insertion of acupuncture needles through the skin and the use of other biophysical
23	23	1.23methods of acupuncture point stimulation, including the use of heat, Oriental massage
24	24	1Sec. 2.
25	25	REVISOR AGW/LJ 25-0320602/11/25
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 1270
31	31	NINETY-FOURTH SESSION
32	32	Authored by Gillman and Huot02/20/2025
33	33	The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing
34	34	2.2techniques, and exercise based on Oriental medical principles that uses traditional and
35	35	2.3modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal
36	36	2.4medicine theory, principles, and methods. Treatment techniques include but are not limited
37	37	2.5to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary
38	38	2.6guidelines, mind-body exercises, and other appropriate techniques.
39	39	2.7 Sec. 3. Minnesota Statutes 2024, section 147B.01, subdivision 4, is amended to read:
40	40	2.8 Subd. 4.Acupuncture needle."Acupuncture needle" means a needle designed
41	41	2.9exclusively for acupuncture the purposes of insertion past the skin to alleviate pain, provide
42	42	2.10symptom relief, or modulate disease processes. It has a solid core, with a tapered point, and
43	43	2.11is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other
44	44	2.12board-approved materials as long as the materials can be sterilized according to
45	45	2.13recommendations of the National Centers for Disease Control and Prevention.
46	46	2.14 Sec. 4. Minnesota Statutes 2024, section 147B.01, subdivision 9, is amended to read:
47	47	2.15 Subd. 9.Breathing techniques."Breathing techniques" means Oriental breathing
48	48	2.16exercises taught to a patient as part of a treatment plan.
49	49	2.17 Sec. 5. Minnesota Statutes 2024, section 147B.01, subdivision 14, is amended to read:
50	50	2.18 Subd. 14.Herbal therapies or herbal medicine."Herbal therapies" are or "herbal
51	51	2.19medicine" means the use of herbs and patent herbal remedies as supplements as part of the
52	52	2.20treatment plan of the patient.
53	53	2.21 Sec. 6. Minnesota Statutes 2024, section 147B.03, subdivision 2, is amended to read:
54	54	2.22 Subd. 2.Board approval.The board shall approve a continuing education program if
55	55	2.23the program meets the following requirements:
56	56	2.24 (1) it directly relates to the practice of acupuncture;
57	57	2.25 (2) each member of the faculty shows expertise in the subject matter by holding a degree
58	58	2.26or certificate from an educational institution, has verifiable experience in traditional Oriental
59	59	2.27acupuncture and herbal medicine, or has special training in the subject area;
60	60	2.28 (3) the program lasts at least one contact hour;
61	61	2.29 (4) there are specific written objectives describing the goals of the program for the
62	62	2.30participants; and
63	63	2Sec. 6.
64	64	REVISOR AGW/LJ 25-0320602/11/25 3.1 (5) the program sponsor maintains attendance records for four years.
65	65	3.2 Sec. 7. Minnesota Statutes 2024, section 147B.03, subdivision 3, is amended to read:
66	66	3.3 Subd. 3.Continuing education topics.(a) Continuing education program topics may
67	67	3.4include, but are not limited to, Oriental medical acupuncture and herbal medicine theory
68	68	3.5and techniques including Oriental massage; Oriental nutrition; Oriental herbology and diet
69	69	3.6therapy; Oriental exercise; western sciences such as anatomy, physiology, biochemistry,
70	70	3.7microbiology, psychology, nutrition, and history of medicine; and medical terminology or
71	71	3.8coding.
72	72	3.9 (b) Practice management courses are excluded under this section.
73	73	3.10 Sec. 8. Minnesota Statutes 2024, section 147B.05, subdivision 1, is amended to read:
74	74	3.11 Subdivision 1.Creation.The advisory council to the Board of Medical Practice for
75	75	3.12acupuncture consists of seven members appointed by the board to three-year terms. Four
76	76	3.13members must be licensed acupuncture practitioners licensed in Minnesota, one member
77	77	3.14must be a licensed physician or osteopathic physician who also practices acupuncture, one
78	78	3.15member must be a licensed chiropractor who is NCCAOM certified, and one member must
79	79	3.16be a member of the public who has received acupuncture treatment as a primary therapy
80	80	3.17from a NCCAOM certified acupuncturist.
81	81	3.18 Sec. 9. Minnesota Statutes 2024, section 147B.06, subdivision 1, is amended to read:
82	82	3.19 Subdivision 1.Practice standards.(a) Before treatment of a patient, an acupuncture
83	83	3.20practitioner shall ask whether the patient has been examined by a licensed physician or other
84	84	3.21professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness
85	85	3.22or injury, and shall review the diagnosis as reported.
86	86	3.23 (b) The practitioner shall obtain informed consent from the patient, after advising the
87	87	3.24patient of the following information which must be supplied to the patient in writing before
88	88	3.25or at the time of the initial visit:
89	89	3.26 (1) the practitioner's qualifications including:
90	90	3.27 (i) education;
91	91	3.28 (ii) license information; and
92	92	3.29 (iii) outline of the scope of practice of acupuncturists in Minnesota; and
93	93	3.30 (2) side effects which may include the following:
94	94	3Sec. 9.
95	95	REVISOR AGW/LJ 25-0320602/11/25 4.1 (i) some pain in the treatment area;
96	96	4.2 (ii) minor bruising;
97	97	4.3 (iii) infection;
98	98	4.4 (iv) needle sickness; or
99	99	4.5 (v) broken needles.
100	100	4.6 (c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
101	101	4.7has been advised to consult with the patient's primary care physician about the acupuncture
102	102	4.8treatment if the patient circumstances warrant or the patient chooses to do so.
103	103	4.9 (d) (c) The practitioner shall inquire whether the patient has a pacemaker or bleeding
104	104	4.10disorder.
105	105	4.11 Sec. 10. Minnesota Statutes 2024, section 147B.06, subdivision 4, is amended to read:
106	106	4.12 Subd. 4.Scope of practice.The scope of practice of acupuncture and herbal medicine
107	107	4.13includes, but is not limited to, the following:
108	108	4.14 (1) using Oriental medical theory to assess and diagnose a patient evaluation,
109	109	4.15management, and treatment services using methods and techniques described in section
110	110	4.16147B.01, subdivisions 2a, 3, and 14;
111	111	4.17 (2) using Oriental medical theory to develop a plan to treat a patient. The treatment
112	112	4.18techniques that may be chosen include: diagnostic examination, testing, and procedures
113	113	4.19including physical examination, basic diagnostic imaging, and basic laboratory or other
114	114	4.20diagnostic tests for the purposes of guiding treatment within the scope of practice of
115	115	4.21acupuncture, herbal medicine, and herbal therapies, as described in section 147B.01,
116	116	4.22subdivisions 2a, 3, and 14. When results fall outside of the education, training, and expertise
117	117	4.23of the licensed acupuncturists, or suggest serious or emergent conditions, the acupuncturist
118	118	4.24must facilitate referrals to other appropriate health care providers;
119	119	4.25 (i) insertion of sterile acupuncture needles through the skin;
120	120	4.26 (ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
121	121	4.27application of heat;
122	122	4.28 (iii) cupping;
123	123	4.29 (iv) dermal friction;
124	124	4.30 (v) acupressure;
125	125	4Sec. 10.
126	126	REVISOR AGW/LJ 25-0320602/11/25 5.1 (vi) herbal therapies;
127	127	5.2 (vii) dietary counseling based on traditional Chinese medical principles;
128	128	5.3 (viii) breathing techniques;
129	129	5.4 (ix) exercise according to Oriental medical principles; or
130	130	5.5 (x) Oriental massage.
131	131	5.6 (3) services included in the practice of acupuncture and herbal medicine, as defined in
132	132	5.7section 147B.01, subdivision 3;
133	133	5.8 (4) stimulation of acupuncture points, areas of the body, or substances in the body using
134	134	5.9acupuncture needles, heat, cold, color, light, infrared and ultraviolet, low-level or cold lasers,
135	135	5.10sound, vibration, pressure, magnetism, electricity, electromagnetic energy, bleeding, suction,
136	136	5.11or other devices or means;
137	137	5.12 (5) use of physical medicine modalities, procedures, and devices such as cupping, dermal
138	138	5.13friction, acupressure, and massage, as described in section 147B.01, subdivisions 2a, 3, and
139	139	5.1414;
140	140	5.15 (6) use of therapeutic exercises, breathing techniques, meditation, and biofeedback
141	141	5.16devices and other devices that utilize heat, cold, color, light, infrared and ultraviolet, low-level
142	142	5.17or cold lasers, sound, vibration, pressure, magnetism, electricity, and electromagnetic energy
143	143	5.18for therapeutic purposes;
144	144	5.19 (7) dietary counseling using methods and techniques of acupuncture and herbal medicine;
145	145	5.20and
146	146	5.21 (8) counseling and education regarding physical, emotional, and spiritual balance in
147	147	5.22lifestyle using methods and techniques described in section 147B.01, subdivision 3.
148	148	5.23 Sec. 11. Minnesota Statutes 2024, section 147B.06, subdivision 5, is amended to read:
149	149	5.24 Subd. 5.Patient records.An acupuncturist shall maintain a patient record for each
150	150	5.25patient treated, including:
151	151	5.26 (1) a copy of the informed consent;
152	152	5.27 (2) evidence of a patient interview concerning the patient's medical history and current
153	153	5.28physical condition;
154	154	5.29 (3) evidence of a traditional acupuncture examination and diagnosis;
155	155	5.30 (4) record of the treatment including points treated; and
156	156	5Sec. 11.
157	157	REVISOR AGW/LJ 25-0320602/11/25 6.1 (5) evidence of evaluation and instructions given to the patient.
158	158	6.2 Sec. 12. REPEALER.
159	159	6.3 Minnesota Statutes 2024, section 147B.01, subdivision 18, is repealed.
160	160	6Sec. 12.
161	161	REVISOR AGW/LJ 25-0320602/11/25 147B.01 DEFINITIONS.
162	162	Subd. 18.Oriental medicine."Oriental medicine" means a system of healing arts that perceives
163	163	the circulation and balance of energy in the body as being fundamental to the well-being of the
164	164	individual. It implements the theory through specialized methods of analyzing the energy status of
165	165	the body and treating the body with acupuncture and other related modalities for the purpose of
166	166	strengthening the body, improving energy balance, maintaining or restoring health, improving
167	167	physiological function, and reducing pain.
168	168	1R
169	169	APPENDIX
170	170	Repealed Minnesota Statutes: 25-03206