1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to occupational licensing; clarifying that the practice of chiropractic |
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3 | 3 | | 1.3 includes providing telemedicine services; clarifying that the state Board of |
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4 | 4 | | 1.4 Chiropractic Examiners has the authority to discipline a chiropractor who is not |
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5 | 5 | | 1.5 following an executive order; reorganizing animal chiropractic sections; amending |
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6 | 6 | | 1.6 Minnesota Statutes 2024, sections 148.01, subdivisions 1, 4; 148.04; 148.07, |
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7 | 7 | | 1.7 subdivision 2; 148.08, subdivision 3; 148.10, subdivisions 1, 2; 148.103, subdivision |
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8 | 8 | | 1.8 2; 148.105, subdivision 1; 156.12, subdivision 2; 319B.02, subdivision 19; |
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9 | 9 | | 1.9 proposing coding for new law in Minnesota Statutes, chapter 148; repealing |
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10 | 10 | | 1.10 Minnesota Statutes 2024, sections 148.01, subdivisions 1a, 1b, 1c, 1d; 148.032; |
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11 | 11 | | 1.11 148.033; 148.035. |
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12 | 12 | | 1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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13 | 13 | | 1.13 Section 1. Minnesota Statutes 2024, section 148.01, subdivision 1, is amended to read: |
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14 | 14 | | 1.14 Subdivision 1.Definitions.For the purposes of sections 148.01 to 148.10 148.109: |
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15 | 15 | | 1.15 (1) "chiropractic" means the health care discipline that recognizes the innate recuperative |
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16 | 16 | | 1.16power of the body to heal itself without the use of drugs or surgery by identifying and caring |
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17 | 17 | | 1.17for vertebral subluxations and other abnormal articulations by emphasizing the relationship |
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18 | 18 | | 1.18between structure and function as coordinated by the nervous system and how that |
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19 | 19 | | 1.19relationship affects the preservation and restoration of health; |
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20 | 20 | | 1.20 (2) "chiropractic services" means the evaluation and facilitation of structural, |
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21 | 21 | | 1.21biomechanical, and neurological function and integrity through the use of adjustment, |
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22 | 22 | | 1.22manipulation, mobilization, or other procedures accomplished by manual or mechanical |
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23 | 23 | | 1.23forces applied to bones or joints and their related soft tissues for correction of vertebral |
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24 | 24 | | 1.24subluxation, other abnormal articulations, neurological disturbances, structural alterations, |
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25 | 25 | | 1.25or biomechanical alterations, and includes, but is not limited to, manual therapy and |
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26 | 26 | | 1.26mechanical therapy as defined in section 146.23; |
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27 | 27 | | 1Section 1. |
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28 | 28 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH |
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29 | 29 | | SENATE |
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30 | 30 | | STATE OF MINNESOTA |
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31 | 31 | | S.F. No. 1686NINETY-FOURTH SESSION |
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32 | 32 | | (SENATE AUTHORS: LIESKE, Hoffman and Abeler) |
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33 | 33 | | OFFICIAL STATUSD-PGDATE |
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34 | 34 | | Introduction and first reading02/20/2025 |
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35 | 35 | | Referred to Health and Human Services 2.1 (3) "abnormal articulation" means the condition of opposing bony joint surfaces and |
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36 | 36 | | 2.2their related soft tissues that do not function normally, including subluxation, fixation, |
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37 | 37 | | 2.3adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or |
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38 | 38 | | 2.4disturbances within the nervous system, results in postural alteration, inhibits motion, allows |
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39 | 39 | | 2.5excessive motion, alters direction of motion, or results in loss of axial loading efficiency, |
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40 | 40 | | 2.6or a combination of these; |
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41 | 41 | | 2.7 (4) "diagnosis" means the physical, clinical, and laboratory examination of the patient, |
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42 | 42 | | 2.8and the use of diagnostic services for diagnostic purposes within the scope of the practice |
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43 | 43 | | 2.9of chiropractic described in sections 148.01 to 148.10 148.109; |
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44 | 44 | | 2.10 (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic |
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45 | 45 | | 2.11measures, including diagnostic imaging that may be necessary to determine the presence |
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46 | 46 | | 2.12or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for |
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47 | 47 | | 2.13evaluation of a health concern, diagnosis, differential diagnosis, treatment, further |
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48 | 48 | | 2.14examination, or referral; |
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49 | 49 | | 2.15 (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota Rules, |
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50 | 50 | | 2.16part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive sciences |
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51 | 51 | | 2.17and procedures for which the licensee was subject to examination under section 148.06. |
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52 | 52 | | 2.18When provided, therapeutic services must be performed within a practice where the primary |
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53 | 53 | | 2.19focus is the provision of chiropractic services, to prepare the patient for chiropractic services, |
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54 | 54 | | 2.20or to complement the provision of chiropractic services. The administration of therapeutic |
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55 | 55 | | 2.21services is the responsibility of the treating chiropractor and must be rendered under the |
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56 | 56 | | 2.22direct supervision of qualified staff; |
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57 | 57 | | 2.23 (7) "acupuncture" means a modality of treating abnormal physical conditions by |
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58 | 58 | | 2.24stimulating various points of the body or interruption of the cutaneous integrity by needle |
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59 | 59 | | 2.25insertion to secure a reflex relief of the symptoms by nerve stimulation as utilized as an |
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60 | 60 | | 2.26adjunct to chiropractic adjustment. Acupuncture may not be used as an independent therapy |
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61 | 61 | | 2.27or separately from chiropractic services. Acupuncture is permitted under section 148.01 |
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62 | 62 | | 2.28only after registration with the board which requires completion of a board-approved course |
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63 | 63 | | 2.29of study and successful completion of a board-approved national examination on acupuncture. |
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64 | 64 | | 2.30Renewal of registration shall require completion of board-approved continuing education |
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65 | 65 | | 2.31requirements in acupuncture. The restrictions of section 147B.02, subdivision 2, apply to |
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66 | 66 | | 2.32individuals registered to perform acupuncture under this section; and |
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67 | 67 | | 2.33 (8) "animal chiropractic diagnosis and treatment" or "animal chiropractic" means |
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68 | 68 | | 2.34treatment that includes identifying and resolving vertebral subluxation complexes, spinal |
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69 | 69 | | 2Section 1. |
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70 | 70 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 3.1manipulation, and manipulation of the extremity articulations of nonhuman vertebrates. |
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71 | 71 | | 3.2Animal chiropractic diagnosis and treatment does not include: |
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72 | 72 | | 3.3 (i) performing surgery; |
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73 | 73 | | 3.4 (ii) dispensing or administering of medications; or |
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74 | 74 | | 3.5 (iii) performing traditional veterinary care and diagnosis. |
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75 | 75 | | 3.6 EFFECTIVE DATE.This section is effective the day following final enactment. |
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76 | 76 | | 3.7 Sec. 2. Minnesota Statutes 2024, section 148.01, subdivision 4, is amended to read: |
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77 | 77 | | 3.8 Subd. 4.Practice of chiropractic.An individual licensed to practice under section |
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78 | 78 | | 3.9148.06 is authorized to perform chiropractic services, acupuncture, and therapeutic services, |
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79 | 79 | | 3.10and to provide diagnosis and to render opinions pertaining to those services for the purpose |
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80 | 80 | | 3.11of determining a course of action in the best interests of the patient, such as a treatment |
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81 | 81 | | 3.12plan, appropriate referral, or both. When appropriate, a service may be delivered via |
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82 | 82 | | 3.13telemedicine as defined in section 62A.673. |
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83 | 83 | | 3.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
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84 | 84 | | 3.15 Sec. 3. Minnesota Statutes 2024, section 148.04, is amended to read: |
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85 | 85 | | 3.16 148.04 PROCEDURE. |
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86 | 86 | | 3.17 The officers of the Board of Chiropractic Examiners shall have power to administer |
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87 | 87 | | 3.18oaths, summon witnesses, and take testimony as to matters pertaining to its duties. It shall |
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88 | 88 | | 3.19adopt a minimum of educational requirements not inconsistent with the provisions of sections |
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89 | 89 | | 3.20148.01 to 148.10 148.109, which shall be without prejudice, partiality, or discrimination as |
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90 | 90 | | 3.21to the different schools or colleges of chiropractic. The board shall meet at such times as |
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91 | 91 | | 3.22the majority of the board may deem proper. A majority of the board shall constitute a quorum |
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92 | 92 | | 3.23for the transaction of business. The secretary shall keep a record of its proceedings. This |
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93 | 93 | | 3.24report shall be prima facie evidence of all matters therein recorded. |
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94 | 94 | | 3.25 Sec. 4. Minnesota Statutes 2024, section 148.07, subdivision 2, is amended to read: |
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95 | 95 | | 3.26 Subd. 2.Expenses.The expenses of administering sections 148.01 to 148.105 148.109 |
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96 | 96 | | 3.27shall be paid from the appropriation made to the state Board of Chiropractic Examiners. |
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97 | 97 | | 3.28Expenditures and revenues must be managed in accordance with the statewide accounting |
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98 | 98 | | 3.29principles and requirements of the commissioner of management and budget. |
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99 | 99 | | 3Sec. 4. |
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100 | 100 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 4.1 Sec. 5. Minnesota Statutes 2024, section 148.08, subdivision 3, is amended to read: |
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101 | 101 | | 4.2 Subd. 3.Rules.The Board of Chiropractic Examiners shall promulgate rules necessary |
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102 | 102 | | 4.3to administer sections 148.01 to 148.105 148.109 to protect the health, safety, and welfare |
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103 | 103 | | 4.4of the public, including rules governing the practice of chiropractic and defining any terms, |
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104 | 104 | | 4.5whether or not used in sections 148.01 to 148.105 148.109, if the definitions are not |
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105 | 105 | | 4.6inconsistent with the provisions of sections 148.01 to 148.105 148.109. The board shall |
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106 | 106 | | 4.7consult with the state Board of Veterinary Medicine before adopting rules on animal |
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107 | 107 | | 4.8chiropractic. |
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108 | 108 | | 4.9 Sec. 6. Minnesota Statutes 2024, section 148.10, subdivision 1, is amended to read: |
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109 | 109 | | 4.10 Subdivision 1.Grounds.(a) The state Board of Chiropractic Examiners may refuse to |
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110 | 110 | | 4.11grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice |
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111 | 111 | | 4.12chiropractic, or may cause the name of a person licensed to be removed from the records |
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112 | 112 | | 4.13in the office of the court administrator of the district court for: |
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113 | 113 | | 4.14 (1) advertising that is false or misleading; that violates a rule of the board; or that claims |
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114 | 114 | | 4.15the cure of any condition or disease; |
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115 | 115 | | 4.16 (2) the employment of fraud or deception in applying for a license or in passing the |
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116 | 116 | | 4.17examination provided for in section 148.06 or conduct which subverts or attempts to subvert |
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117 | 117 | | 4.18the licensing examination process; |
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118 | 118 | | 4.19 (3) the practice of chiropractic under a false or assumed name or the impersonation of |
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119 | 119 | | 4.20another practitioner of like or different name; |
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120 | 120 | | 4.21 (4) the conviction of a crime involving moral turpitude; |
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121 | 121 | | 4.22 (5) the conviction, during the previous five years, of a felony reasonably related to the |
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122 | 122 | | 4.23practice of chiropractic; |
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123 | 123 | | 4.24 (6) habitual intemperance in the use of alcohol or drugs; |
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124 | 124 | | 4.25 (7) practicing under a license which has not been renewed; |
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125 | 125 | | 4.26 (8) advanced physical or mental disability; |
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126 | 126 | | 4.27 (9) the revocation or suspension of a license to practice chiropractic; or other disciplinary |
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127 | 127 | | 4.28action against the licensee; or the denial of an application for a license by the proper licensing |
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128 | 128 | | 4.29authority of another state, territory or country; or failure to report to the board that charges |
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129 | 129 | | 4.30regarding the person's license have been brought in another state or jurisdiction; |
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130 | 130 | | 4Sec. 6. |
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131 | 131 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 5.1 (10) the violation of, or failure to comply with, the provisions of sections 148.01 to |
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132 | 132 | | 5.2148.105 148.109, the rules of the state Board of Chiropractic Examiners, or a lawful order |
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133 | 133 | | 5.3of the board; |
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134 | 134 | | 5.4 (11) unprofessional conduct; |
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135 | 135 | | 5.5 (12) being unable to practice chiropractic with reasonable skill and safety to patients by |
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136 | 136 | | 5.6reason of illness, professional incompetence, senility, drunkenness, use of drugs, narcotics, |
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137 | 137 | | 5.7chemicals or any other type of material, or as a result of any mental or physical condition, |
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138 | 138 | | 5.8including deterioration through the aging process or loss of motor skills. If the board has |
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139 | 139 | | 5.9probable cause to believe that a person comes within this clause, it shall direct the person |
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140 | 140 | | 5.10to submit to a mental or physical examination. For the purpose of this clause, every person |
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141 | 141 | | 5.11licensed under this chapter shall be deemed to have given consent to submit to a mental or |
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142 | 142 | | 5.12physical examination when directed in writing by the board and further to have waived all |
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143 | 143 | | 5.13objections to the admissibility of the examining physicians' testimony or examination reports |
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144 | 144 | | 5.14on the ground that the same constitute a privileged communication. Failure of a person to |
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145 | 145 | | 5.15submit to such examination when directed shall constitute an admission of the allegations, |
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146 | 146 | | 5.16unless the failure was due to circumstances beyond the person's control, in which case a |
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147 | 147 | | 5.17default and final order may be entered without the taking of testimony or presentation of |
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148 | 148 | | 5.18evidence. A person affected under this clause shall at reasonable intervals be afforded an |
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149 | 149 | | 5.19opportunity to demonstrate that the person can resume the competent practice of chiropractic |
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150 | 150 | | 5.20with reasonable skill and safety to patients. |
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151 | 151 | | 5.21 In addition to ordering a physical or mental examination, the board may, notwithstanding |
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152 | 152 | | 5.22section 13.384, 144.651, or any other law limiting access to health data, obtain health data |
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153 | 153 | | 5.23and health records relating to a licensee or applicant without the licensee's or applicant's |
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154 | 154 | | 5.24consent if the board has probable cause to believe that a doctor of chiropractic comes under |
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155 | 155 | | 5.25this clause. The health data may be requested from a provider, as defined in section 144.291, |
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156 | 156 | | 5.26subdivision 2, paragraph (i), an insurance company, or a government agency, including the |
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157 | 157 | | 5.27Department of Human Services. A provider, insurance company, or government agency |
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158 | 158 | | 5.28shall comply with any written request of the board under this subdivision and is not liable |
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159 | 159 | | 5.29in any action for damages for releasing the data requested by the board if the data are released |
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160 | 160 | | 5.30pursuant to a written request under this subdivision, unless the information is false and the |
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161 | 161 | | 5.31provider or entity giving the information knew, or had reason to believe, the information |
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162 | 162 | | 5.32was false. Information obtained under this subdivision is classified as private under sections |
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163 | 163 | | 5.3313.01 to 13.87. |
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164 | 164 | | 5.34 In any proceeding under this clause, neither the record of proceedings nor the orders |
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165 | 165 | | 5.35entered by the board shall be used against a person in any other proceeding; |
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166 | 166 | | 5Sec. 6. |
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167 | 167 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 6.1 (13) aiding or abetting an unlicensed person in the practice of chiropractic, except that |
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168 | 168 | | 6.2it is not a violation of this clause for a doctor of chiropractic to employ, supervise, or delegate |
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169 | 169 | | 6.3functions to a qualified person who may or may not be required to obtain a license or |
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170 | 170 | | 6.4registration to provide health services if that person is practicing within the scope of the |
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171 | 171 | | 6.5license or registration or delegated authority; |
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172 | 172 | | 6.6 (14) improper management of health records, including failure to maintain adequate |
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173 | 173 | | 6.7health records as described in clause (18), to comply with a patient's request made under |
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174 | 174 | | 6.8sections 144.291 to 144.298 or to furnish a health record or report required by law; |
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175 | 175 | | 6.9 (15) failure to make reports required by section 148.102, subdivisions 2 and 5, or to |
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176 | 176 | | 6.10cooperate with an investigation of the board as required by section 148.104, or the submission |
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177 | 177 | | 6.11of a knowingly false report against another doctor of chiropractic under section 148.10, |
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178 | 178 | | 6.12subdivision 3; |
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179 | 179 | | 6.13 (16) splitting fees, or promising to pay a portion of a fee or a commission, or accepting |
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180 | 180 | | 6.14a rebate; |
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181 | 181 | | 6.15 (17) revealing a privileged communication from or relating to a patient, except when |
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182 | 182 | | 6.16otherwise required or permitted by law; |
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183 | 183 | | 6.17 (18) failing to keep written chiropractic records justifying the course of treatment of the |
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184 | 184 | | 6.18patient, including, but not limited to, patient histories, examination results, test results, and |
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185 | 185 | | 6.19x-rays. Unless otherwise required by law, written records need not be retained for more |
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186 | 186 | | 6.20than seven years and x-rays need not be retained for more than four years; |
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187 | 187 | | 6.21 (19) exercising influence on the patient or client in such a manner as to exploit the patient |
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188 | 188 | | 6.22or client for financial gain of the licensee or of a third party which shall include, but not be |
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189 | 189 | | 6.23limited to, the promotion or sale of services, goods, or appliances; |
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190 | 190 | | 6.24 (20) gross or repeated malpractice or the failure to practice chiropractic at a level of |
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191 | 191 | | 6.25care, skill, and treatment which is recognized by a reasonably prudent chiropractor as being |
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192 | 192 | | 6.26acceptable under similar conditions and circumstances; or |
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193 | 193 | | 6.27 (21) delegating professional responsibilities to a person when the licensee delegating |
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194 | 194 | | 6.28such responsibilities knows or has reason to know that the person is not qualified by training, |
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195 | 195 | | 6.29experience, or licensure to perform them. |
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196 | 196 | | 6.30 (b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts to |
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197 | 197 | | 6.31subvert the licensing examination process includes, but is not limited to: (1) conduct that |
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198 | 198 | | 6.32violates the security of the examination materials, such as removing examination materials |
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199 | 199 | | 6.33from the examination room or having unauthorized possession of any portion of a future, |
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200 | 200 | | 6Sec. 6. |
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201 | 201 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 7.1current, or previously administered licensing examination; (2) conduct that violates the |
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202 | 202 | | 7.2standard of test administration, such as communicating with another examinee during |
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203 | 203 | | 7.3administration of the examination, copying another examinee's answers, permitting another |
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204 | 204 | | 7.4examinee to copy one's answers, or possessing unauthorized materials; or (3) impersonating |
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205 | 205 | | 7.5an examinee or permitting an impersonator to take the examination on one's own behalf. |
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206 | 206 | | 7.6 (c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these |
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207 | 207 | | 7.7subdivisions includes a conviction of an offense that if committed in this state would be |
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208 | 208 | | 7.8deemed a felony without regard to its designation elsewhere, or a criminal proceeding where |
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209 | 209 | | 7.9a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld |
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210 | 210 | | 7.10or not entered. |
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211 | 211 | | 7.11 (d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment |
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212 | 212 | | 7.12or proceeding under seal of the administrator of the court or of the administrative agency |
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213 | 213 | | 7.13which entered the same shall be admissible into evidence without further authentication |
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214 | 214 | | 7.14and shall constitute prima facie evidence of its contents. |
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215 | 215 | | 7.15 (e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any |
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216 | 216 | | 7.16unethical, deceptive or deleterious conduct or practice harmful to the public, any departure |
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217 | 217 | | 7.17from or the failure to conform to the minimal standards of acceptable chiropractic practice, |
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218 | 218 | | 7.18or a willful or careless disregard for the health, welfare or safety of patients, in any of which |
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219 | 219 | | 7.19cases proof of actual injury need not be established. Unprofessional conduct shall include, |
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220 | 220 | | 7.20but not be limited to, the following acts of a chiropractor: |
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221 | 221 | | 7.21 (1) gross ignorance of, or incompetence in, the practice of chiropractic; |
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222 | 222 | | 7.22 (2) engaging in conduct with a patient that is sexual or may reasonably be interpreted |
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223 | 223 | | 7.23by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning |
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224 | 224 | | 7.24to a patient; |
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225 | 225 | | 7.25 (3) performing unnecessary services; |
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226 | 226 | | 7.26 (4) charging a patient an unconscionable fee or charging for services not rendered; |
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227 | 227 | | 7.27 (5) directly or indirectly engaging in threatening, dishonest, or misleading fee collection |
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228 | 228 | | 7.28techniques; |
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229 | 229 | | 7.29 (6) perpetrating fraud upon patients, third-party payors, or others, relating to the practice |
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230 | 230 | | 7.30of chiropractic, including violations of the Medicare or Medicaid laws or state medical |
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231 | 231 | | 7.31assistance laws; |
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232 | 232 | | 7.32 (7) advertising that the licensee will accept for services rendered assigned payments |
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233 | 233 | | 7.33from any third-party payer as payment in full, if the effect is to give the impression of |
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234 | 234 | | 7Sec. 6. |
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235 | 235 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 8.1eliminating the need of payment by the patient of any required deductible or co-payment |
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236 | 236 | | 8.2applicable in the patient's health benefit plan. As used in this clause, "advertise" means |
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237 | 237 | | 8.3solicitation by the licensee by means of handbills, posters, circulars, motion pictures, radio, |
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238 | 238 | | 8.4newspapers, television, or in any other manner. In addition to the board's power to punish |
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239 | 239 | | 8.5for violations of this clause, violation of this clause is also a misdemeanor; |
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240 | 240 | | 8.6 (8) accepting for services rendered assigned payments from any third-party payer as |
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241 | 241 | | 8.7payment in full, if the effect is to eliminate the need of payment by the patient of any required |
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242 | 242 | | 8.8deductible or co-payment applicable in the patient's health benefit plan, except as hereinafter |
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243 | 243 | | 8.9provided; |
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244 | 244 | | 8.10 (9) violating orders and rules adopted by the governor under the authority of section |
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245 | 245 | | 8.1112.21, subdivision 3, clause (1), when approved by the Executive Council and filed in the |
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246 | 246 | | 8.12Office of the Secretary of State during a national emergency, peacetime emergency, or |
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247 | 247 | | 8.13energy supply emergency; and |
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248 | 248 | | 8.14 (9) (10) any other act that the board by rule may define. |
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249 | 249 | | 8.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
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250 | 250 | | 8.16 Sec. 7. Minnesota Statutes 2024, section 148.10, subdivision 2, is amended to read: |
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251 | 251 | | 8.17 Subd. 2.Issuance following refusal, revocation or cancellation.The State Board of |
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252 | 252 | | 8.18Chiropractic Examiners may, at any time within two years of the refusal or revocation or |
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253 | 253 | | 8.19cancellation of a license under this section, by a majority vote, issue a new license or grant |
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254 | 254 | | 8.20a license to the person affected, restoring to, or conferring upon the person, all the rights |
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255 | 255 | | 8.21and privileges of, and pertaining to, the practice of chiropractic, as defined and regulated |
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256 | 256 | | 8.22by sections 148.01 to 148.10 148.109. Any person to whom such have been restored shall |
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257 | 257 | | 8.23pay a fee set by the board upon issuance of a new license. |
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258 | 258 | | 8.24 Sec. 8. Minnesota Statutes 2024, section 148.103, subdivision 2, is amended to read: |
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259 | 259 | | 8.25 Subd. 2.Investigation.Members of the board and persons employed by the board or |
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260 | 260 | | 8.26engaged in the investigation or prosecution of violations and in the preparation and |
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261 | 261 | | 8.27management of charges of violations of sections 148.01 to 148.105 148.109 on behalf of |
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262 | 262 | | 8.28the board are immune from civil liability and criminal prosecution for any actions, |
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263 | 263 | | 8.29transactions, or publications in the execution of, or relating to, their duties under sections |
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264 | 264 | | 8.30148.01 to 148.105 148.109. |
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265 | 265 | | 8Sec. 8. |
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266 | 266 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 9.1 Sec. 9. Minnesota Statutes 2024, section 148.105, subdivision 1, is amended to read: |
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267 | 267 | | 9.2 Subdivision 1.Generally.Any person who practices, or attempts to practice, chiropractic |
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268 | 268 | | 9.3or who uses any of the terms or letters "Doctors of Chiropractic," "Chiropractor," "DC," or |
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269 | 269 | | 9.4any other title or letters under any circumstances as to lead the public to believe that the |
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270 | 270 | | 9.5person who so uses the terms is engaged in the practice of chiropractic, without having |
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271 | 271 | | 9.6complied with the provisions of sections 148.01 to 148.104 148.109, is guilty of a gross |
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272 | 272 | | 9.7misdemeanor; and, upon conviction, fined not less than $1,000 nor more than $10,000 or |
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273 | 273 | | 9.8be imprisoned in the county jail for not less than 30 days nor more than six months or |
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274 | 274 | | 9.9punished by both fine and imprisonment, in the discretion of the court. It is the duty of the |
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275 | 275 | | 9.10county attorney of the county in which the person practices to prosecute. Nothing in sections |
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276 | 276 | | 9.11148.01 to 148.105 148.109 shall be considered as interfering with any person: |
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277 | 277 | | 9.12 (1) licensed by a health-related licensing board, as defined in section 214.01, subdivision |
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278 | 278 | | 9.132, including psychological practitioners with respect to the use of hypnosis; |
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279 | 279 | | 9.14 (2) registered or licensed by the commissioner of health under section 214.13; or |
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280 | 280 | | 9.15 (3) engaged in other methods of healing regulated by law in the state of Minnesota; |
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281 | 281 | | 9.16provided that the person confines activities within the scope of the license or other regulation |
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282 | 282 | | 9.17and does not practice or attempt to practice chiropractic. |
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283 | 283 | | 9.18 Sec. 10. [148.109] ANIMAL CHIROPRACTIC PRACTICE. |
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284 | 284 | | 9.19 Subdivision 1.Registration.(a) A chiropractor licensed under section 148.06 may |
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285 | 285 | | 9.20engage in the practice of animal chiropractic diagnosis and treatment if registered by the |
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286 | 286 | | 9.21Board of Chiropractic Examiners in accordance with this section. |
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287 | 287 | | 9.22 (b) An applicant for initial registration to practice animal chiropractic diagnosis and |
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288 | 288 | | 9.23treatment must submit to the board: |
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289 | 289 | | 9.24 (1) a completed application on a form provided by the board; |
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290 | 290 | | 9.25 (2) an active chiropractic license; |
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291 | 291 | | 9.26 (3) proof, as required by the board, that the applicant has successfully completed |
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292 | 292 | | 9.27education and training in the field of animal chiropractic from an American Veterinary |
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293 | 293 | | 9.28Chiropractic Association, International Veterinary Chiropractic Association, or a higher |
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294 | 294 | | 9.29institution-approved course consisting of no less than 210 hours in the subjects described |
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295 | 295 | | 9.30in subdivision 3; |
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296 | 296 | | 9.31 (4) any applicable fee as specified in section 148.108; and |
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297 | 297 | | 9Sec. 10. |
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298 | 298 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 10.1 (5) any additional information requested by the board. |
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299 | 299 | | 10.2 Subd. 2.Education and training requirements.The education and training criteria for |
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300 | 300 | | 10.3registration in animal chiropractic are as follows: |
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301 | 301 | | 10.4 (1) anatomy; |
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302 | 302 | | 10.5 (2) anatomy laboratory; |
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303 | 303 | | 10.6 (3) biomechanics and gait; |
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304 | 304 | | 10.7 (4) chiropractic educational basics; |
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305 | 305 | | 10.8 (5) animal chiropractic diversified adjusting technique, including: |
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306 | 306 | | 10.9 (i) lecture cervical; |
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307 | 307 | | 10.10 (ii) laboratory cervical; |
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308 | 308 | | 10.11 (iii) thoracic; |
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309 | 309 | | 10.12 (iv) lumbosacral; |
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310 | 310 | | 10.13 (v) pelvic; and |
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311 | 311 | | 10.14 (vi) extremity; |
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312 | 312 | | 10.15 (6) case management and case studies; |
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313 | 313 | | 10.16 (7) chiropractic philosophy; |
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314 | 314 | | 10.17 (8) ethics and legalities; |
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315 | 315 | | 10.18 (9) neurology, neuroanatomy, and neurological conditions; |
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316 | 316 | | 10.19 (10) pathology; |
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317 | 317 | | 10.20 (11) radiology; |
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318 | 318 | | 10.21 (12) research in current chiropractic and veterinary topics; |
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319 | 319 | | 10.22 (13) rehabilitation, current topics, evaluation, and assessment; |
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320 | 320 | | 10.23 (14) normal foot anatomy and normal foot care; |
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321 | 321 | | 10.24 (15) saddle fit and evaluation, lecture, and laboratory; |
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322 | 322 | | 10.25 (16) veterinary educational basics; |
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323 | 323 | | 10.26 (17) vertebral subluxation complex; and |
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324 | 324 | | 10.27 (18) zoonotic diseases. |
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325 | 325 | | 10Sec. 10. |
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326 | 326 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 11.1 Subd. 3.Registration renewal.To be eligible for registration renewal, an applicant |
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327 | 327 | | 11.2must submit to the board: |
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328 | 328 | | 11.3 (1) a completed renewal application on a form provided by the board; |
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329 | 329 | | 11.4 (2) an active chiropractic license issued by the board; |
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330 | 330 | | 11.5 (3) verification of the completion of the continuing education requirements described |
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331 | 331 | | 11.6in subdivision 4; and |
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332 | 332 | | 11.7 (4) any applicable fees as specified in section 148.108. |
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333 | 333 | | 11.8 Subd. 4.Animal chiropractic continuing education.Any chiropractor engaged in the |
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334 | 334 | | 11.9practice of animal chiropractic diagnosis and treatment applying for renewal of a registration |
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335 | 335 | | 11.10under subdivision 3 must have completed a minimum of six hours annually of continuing |
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336 | 336 | | 11.11education in animal chiropractic diagnosis and treatment, in addition to the required 20 |
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337 | 337 | | 11.12hours annually of continuing education in human chiropractic required under section 148.031. |
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338 | 338 | | 11.13The continuing education course attended for purposes of complying with this section must |
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339 | 339 | | 11.14be approved by the board prior to attendance by the chiropractor. |
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340 | 340 | | 11.15 Subd. 5.Protected title.Notwithstanding the limitations established in section 156.12, |
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341 | 341 | | 11.16subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to |
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342 | 342 | | 11.17animals in accordance with this section and rules of the board may use the title "animal |
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343 | 343 | | 11.18chiropractor." |
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344 | 344 | | 11.19 Subd. 6.Practice requirements.(a) A licensed chiropractor may engage in the practice |
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345 | 345 | | 11.20of animal chiropractic if the chiropractor is registered to practice animal chiropractic by the |
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346 | 346 | | 11.21board under this section and if the animal has been referred to the chiropractor by a |
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347 | 347 | | 11.22veterinarian. |
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348 | 348 | | 11.23 (b) A licensed chiropractor registered to practice animal chiropractic must: |
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349 | 349 | | 11.24 (1) maintain complete and accurate records and patient files in the chiropractor's office |
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350 | 350 | | 11.25for a minimum of three years; and |
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351 | 351 | | 11.26 (2) make treatment notes and records available to the patient's owner upon request and |
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352 | 352 | | 11.27communicate any findings and treatment plan with the referring veterinarian if requested |
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353 | 353 | | 11.28by the patient's owner. |
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354 | 354 | | 11.29 (b) A licensed chiropractor who provides animal chiropractic diagnosis and treatment |
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355 | 355 | | 11.30in the same facility where human patients are also treated must: |
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356 | 356 | | 11.31 (1) maintain a separate noncarpeted room for the purpose of adjusting animals; |
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357 | 357 | | 11.32 (2) maintain separate tables and equipment for human and non-human patients; and |
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358 | 358 | | 11Sec. 10. |
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359 | 359 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 12.1 (3) post a conspicuous sign in the reception area of the facility informing customers that |
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360 | 360 | | 12.2nonhuman patients are treated on the premises. |
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361 | 361 | | 12.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
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362 | 362 | | 12.4 Sec. 11. Minnesota Statutes 2024, section 156.12, subdivision 2, is amended to read: |
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363 | 363 | | 12.5 Subd. 2.Authorized activities.No provision of this chapter shall be construed to prohibit: |
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364 | 364 | | 12.6 (a) a person from rendering necessary gratuitous assistance in the treatment of any animal |
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365 | 365 | | 12.7when the assistance does not amount to prescribing, testing for, or diagnosing, operating, |
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366 | 366 | | 12.8or vaccinating and when the attendance of a licensed veterinarian cannot be procured; |
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367 | 367 | | 12.9 (b) a person who is a regular student in an accredited or approved college of veterinary |
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368 | 368 | | 12.10medicine from performing duties or actions assigned by instructors or preceptors or working |
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369 | 369 | | 12.11under the direct supervision of a licensed veterinarian; |
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370 | 370 | | 12.12 (c) a veterinarian regularly licensed in another jurisdiction from consulting with a licensed |
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371 | 371 | | 12.13veterinarian in this state; |
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372 | 372 | | 12.14 (d) the owner of an animal and the owner's regular employee from caring for and |
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373 | 373 | | 12.15administering to the animal belonging to the owner, except where the ownership of the |
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374 | 374 | | 12.16animal was transferred for purposes of circumventing this chapter; |
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375 | 375 | | 12.17 (e) veterinarians who are in compliance with section 156.0721 and who are employed |
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376 | 376 | | 12.18by the University of Minnesota from performing their duties with the College of Veterinary |
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377 | 377 | | 12.19Medicine, Veterinary Diagnostic Laboratory, Agricultural Experiment Station, Agricultural |
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378 | 378 | | 12.20Extension Service, Medical School, School of Public Health, School of Nursing, or other |
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379 | 379 | | 12.21unit within the university; or a person from lecturing or giving instructions or demonstrations |
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380 | 380 | | 12.22at the university or in connection with a continuing education course or seminar to |
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381 | 381 | | 12.23veterinarians; |
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382 | 382 | | 12.24 (f) any person from selling or applying any pesticide, insecticide or herbicide; |
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383 | 383 | | 12.25 (g) any person from engaging in bona fide scientific research or investigations which |
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384 | 384 | | 12.26reasonably requires experimentation involving animals; |
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385 | 385 | | 12.27 (h) any employee of a licensed veterinarian from performing duties other than diagnosis, |
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386 | 386 | | 12.28prescription or surgical correction under the direction and supervision of the veterinarian, |
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387 | 387 | | 12.29who shall be responsible for the performance of the employee; |
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388 | 388 | | 12.30 (i) a graduate of a foreign college of veterinary medicine from working under the direct |
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389 | 389 | | 12.31personal instruction, control, or supervision of a veterinarian faculty member of the College |
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390 | 390 | | 12Sec. 11. |
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391 | 391 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 13.1of Veterinary Medicine, University of Minnesota in order to complete the requirements |
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392 | 392 | | 13.2necessary to obtain an ECFVG or PAVE certificate; |
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393 | 393 | | 13.3 (j) a licensed chiropractor registered under section 148.01, subdivision 1a, 148.109 from |
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394 | 394 | | 13.4practicing animal chiropractic; or |
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395 | 395 | | 13.5 (k) a person certified by the director of the Office of Emergency Medical Services under |
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396 | 396 | | 13.6chapter 144E from providing emergency medical care to a police dog wounded in the line |
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397 | 397 | | 13.7of duty. |
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398 | 398 | | 13.8 Sec. 12. Minnesota Statutes 2024, section 319B.02, subdivision 19, is amended to read: |
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399 | 399 | | 13.9 Subd. 19.Professional services."Professional services" means services of the type |
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400 | 400 | | 13.10required or permitted to be furnished by a professional under a license, registration, or |
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401 | 401 | | 13.11certificate issued by the state of Minnesota to practice medicine and surgery under sections |
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402 | 402 | | 13.12147.01 to 147.22, as a physician assistant pursuant to sections 147A.01 to 147A.27, |
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403 | 403 | | 13.13chiropractic under sections 148.01 to 148.105 148.109, registered nursing under sections |
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404 | 404 | | 13.14148.171 to 148.285, optometry under sections 148.52 to 148.62, psychology under sections |
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405 | 405 | | 13.15148.88 to 148.98, social work under chapter 148E, marriage and family therapy under |
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406 | 406 | | 13.16sections 148B.29 to 148B.39, professional counseling under sections 148B.50 to 148B.593, |
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407 | 407 | | 13.17dentistry and dental hygiene under sections 150A.01 to 150A.12, pharmacy under sections |
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408 | 408 | | 13.18151.01 to 151.40, podiatric medicine under sections 153.01 to 153.25, veterinary medicine |
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409 | 409 | | 13.19under sections 156.001 to 156.14, architecture, engineering, surveying, landscape architecture, |
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410 | 410 | | 13.20geoscience, and certified interior design under sections 326.02 to 326.15, accountancy under |
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411 | 411 | | 13.21chapter 326A, or law under sections 481.01 to 481.17, or under a license or certificate issued |
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412 | 412 | | 13.22by another state under similar laws. Professional services includes services of the type |
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413 | 413 | | 13.23required to be furnished by a professional pursuant to a license or other authority to practice |
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414 | 414 | | 13.24law under the laws of a foreign nation. |
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415 | 415 | | 13.25Sec. 13. REPEALER. |
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416 | 416 | | 13.26 Minnesota Statutes 2024, sections 148.01, subdivisions 1a, 1b, 1c, and 1d; 148.032; |
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417 | 417 | | 13.27148.033; and 148.035, are repealed. |
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418 | 418 | | 13.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
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419 | 419 | | 13Sec. 13. |
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420 | 420 | | 25-02810 as introduced02/12/25 REVISOR AGW/CH 148.01 CHIROPRACTIC. |
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421 | 421 | | Subd. 1a.Animal chiropractic practice.A licensed chiropractor may engage in the practice |
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422 | 422 | | of animal chiropractic diagnosis and treatment if registered to do so by the board, and if the animal |
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423 | 423 | | has been referred to the chiropractor by a veterinarian. |
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424 | 424 | | Subd. 1b.Scope of practice; animal chiropractic.Criteria for registration to engage in the |
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425 | 425 | | practice of animal chiropractic diagnosis and treatment must be set by the board, and must include, |
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426 | 426 | | but are not limited to: active chiropractic license; education and training in the field of animal |
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427 | 427 | | chiropractic from an American Veterinary Chiropractic Association, International Veterinary |
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428 | 428 | | Chiropractic Association, or higher institution-approved course consisting of no less than 210 hours, |
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429 | 429 | | meeting continuing education requirements; and other conditions and rules set by the board. The |
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430 | 430 | | board shall consult with the State Board of Veterinary Medicine in preparing proposed rules on |
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431 | 431 | | animal chiropractic. |
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432 | 432 | | Subd. 1c.Titles.Notwithstanding the limitations established in section 156.12, subdivision 4, |
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433 | 433 | | a doctor of chiropractic properly registered to provide chiropractic care to animals in accordance |
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434 | 434 | | with this chapter and rules of the board may use the title "animal chiropractor." |
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435 | 435 | | Subd. 1d.Provisional interim status.Upon approval by the board, a licensed chiropractor who |
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436 | 436 | | has already taken and passed the education and training requirement set forth in subdivision 1b |
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437 | 437 | | may engage in the practice of animal chiropractic during the time that the rules are being promulgated |
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438 | 438 | | by the board. Enforcement actions may not be taken against persons who have completed the |
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439 | 439 | | approved program of study by the American Veterinary Chiropractic Association or the International |
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440 | 440 | | Veterinary Chiropractic Association until the rules have been adopted by the board. |
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441 | 441 | | 148.032 REGISTRATION IN ANIMAL CHIROPRACTIC DIAGNOSIS AND |
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442 | 442 | | TREATMENT. |
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443 | 443 | | (a) The following educational criteria must be applied to any licensed chiropractor who requests |
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444 | 444 | | registration in animal chiropractic diagnosis and treatment. The criteria must include education and |
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445 | 445 | | training in the following subjects: |
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446 | 446 | | (1) anatomy; |
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447 | 447 | | (2) anatomy laboratory; |
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448 | 448 | | (3) biomechanics and gait; |
---|
449 | 449 | | (4) chiropractic educational basics; |
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450 | 450 | | (5) animal chiropractic diversified adjusting technique, including: |
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451 | 451 | | (i) lecture cervical; |
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452 | 452 | | (ii) thoracic; |
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453 | 453 | | (iii) lumbosacral; |
---|
454 | 454 | | (iv) pelvic; and |
---|
455 | 455 | | (v) extremity; |
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456 | 456 | | (6) animal chiropractic diversified adjusting technique, including: |
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457 | 457 | | (i) laboratory cervical; |
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458 | 458 | | (ii) thoracic; |
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459 | 459 | | (iii) lumbosacral; |
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460 | 460 | | (iv) pelvic; and |
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461 | 461 | | (v) extremity; |
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462 | 462 | | (7) case management and case studies; |
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463 | 463 | | (8) chiropractic philosophy; |
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464 | 464 | | (9) ethics and legalities; |
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465 | 465 | | (10) neurology, neuroanatomy, and neurological conditions; |
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466 | 466 | | (11) pathology; |
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467 | 467 | | 1R |
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468 | 468 | | APPENDIX |
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469 | 469 | | Repealed Minnesota Statutes: 25-02810 (12) radiology; |
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470 | 470 | | (13) research in current chiropractic and veterinary topics; |
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471 | 471 | | (14) rehabilitation, current topics, evaluation, and assessment; |
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472 | 472 | | (15) normal foot anatomy and normal foot care; |
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473 | 473 | | (16) saddle fit and evaluation, lecture, and laboratory; |
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474 | 474 | | (17) veterinary educational basics; |
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475 | 475 | | (18) vertebral subluxation complex; and |
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476 | 476 | | (19) zoonotic diseases. |
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477 | 477 | | (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis and treatment |
---|
478 | 478 | | must have completed and passed a course of study from an American Veterinary Chiropractic |
---|
479 | 479 | | Association, International Veterinary Chiropractic Association, or higher institution-approved |
---|
480 | 480 | | program, consisting of no less than 210 hours of education and training as set forth in paragraph |
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481 | 481 | | (a). |
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482 | 482 | | (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis and treatment |
---|
483 | 483 | | must maintain complete and accurate records and patient files in the chiropractor's office for at least |
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484 | 484 | | three years. |
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485 | 485 | | (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis and treatment |
---|
486 | 486 | | must make treatment notes and records available to the patient's owner upon request and must |
---|
487 | 487 | | communicate their findings and treatment plan with the referring veterinarian if requested by the |
---|
488 | 488 | | patient's owner. |
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489 | 489 | | (e) A licensed chiropractor who treats both animal and human patients in the same facility must |
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490 | 490 | | post a conspicuous sign in the reception area of that facility informing customers that nonhuman |
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491 | 491 | | patients are treated on the premises. |
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492 | 492 | | 148.033 ANIMAL CHIROPRACTIC CONTINUING EDUCATION HOURS. |
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493 | 493 | | Any chiropractor engaged in the practice of animal chiropractic diagnosis and treatment applying |
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494 | 494 | | for renewal of a registration related to animal chiropractic diagnosis and treatment must have |
---|
495 | 495 | | completed a minimum of six hours annually of continuing education in animal chiropractic diagnosis |
---|
496 | 496 | | and treatment, in addition to the required 20 hours annually of continuing education in human |
---|
497 | 497 | | chiropractic under this chapter. The continuing education course attended for purposes of complying |
---|
498 | 498 | | with this section must be approved by the board prior to attendance by the chiropractor. |
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499 | 499 | | 148.035 SEPARATE TREATMENT ROOM REQUIRED. |
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500 | 500 | | A licensed chiropractor who provides animal chiropractic treatment in the same facility where |
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501 | 501 | | human patients are treated shall maintain a separate noncarpeted room for the purpose of adjusting |
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502 | 502 | | animals. The table and equipment used for animals shall not be used for human patients. |
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503 | 503 | | 2R |
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504 | 504 | | APPENDIX |
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505 | 505 | | Repealed Minnesota Statutes: 25-02810 |
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