Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1746 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	25-03206 as introduced02/11/25 REVISOR AGW/LJ
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 1746NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: HOFFMAN and Coleman)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading02/20/2025
32	32	Referred to Health and Human Services 2.1techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing
33	33	2.2techniques, and exercise based on Oriental medical principles that uses traditional and
34	34	2.3modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal
35	35	2.4medicine theory, principles, and methods. Treatment techniques include but are not limited
36	36	2.5to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary
37	37	2.6guidelines, mind-body exercises, and other appropriate techniques.
38	38	2.7 Sec. 3. Minnesota Statutes 2024, section 147B.01, subdivision 4, is amended to read:
39	39	2.8 Subd. 4.Acupuncture needle."Acupuncture needle" means a needle designed
40	40	2.9exclusively for acupuncture the purposes of insertion past the skin to alleviate pain, provide
41	41	2.10symptom relief, or modulate disease processes. It has a solid core, with a tapered point, and
42	42	2.11is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other
43	43	2.12board-approved materials as long as the materials can be sterilized according to
44	44	2.13recommendations of the National Centers for Disease Control and Prevention.
45	45	2.14 Sec. 4. Minnesota Statutes 2024, section 147B.01, subdivision 9, is amended to read:
46	46	2.15 Subd. 9.Breathing techniques."Breathing techniques" means Oriental breathing
47	47	2.16exercises taught to a patient as part of a treatment plan.
48	48	2.17 Sec. 5. Minnesota Statutes 2024, section 147B.01, subdivision 14, is amended to read:
49	49	2.18 Subd. 14.Herbal therapies or herbal medicine."Herbal therapies" are or "herbal
50	50	2.19medicine" means the use of herbs and patent herbal remedies as supplements as part of the
51	51	2.20treatment plan of the patient.
52	52	2.21 Sec. 6. Minnesota Statutes 2024, section 147B.03, subdivision 2, is amended to read:
53	53	2.22 Subd. 2.Board approval.The board shall approve a continuing education program if
54	54	2.23the program meets the following requirements:
55	55	2.24 (1) it directly relates to the practice of acupuncture;
56	56	2.25 (2) each member of the faculty shows expertise in the subject matter by holding a degree
57	57	2.26or certificate from an educational institution, has verifiable experience in traditional Oriental
58	58	2.27acupuncture and herbal medicine, or has special training in the subject area;
59	59	2.28 (3) the program lasts at least one contact hour;
60	60	2.29 (4) there are specific written objectives describing the goals of the program for the
61	61	2.30participants; and
62	62	2Sec. 6.
63	63	25-03206 as introduced02/11/25 REVISOR AGW/LJ 3.1 (5) the program sponsor maintains attendance records for four years.
64	64	3.2 Sec. 7. Minnesota Statutes 2024, section 147B.03, subdivision 3, is amended to read:
65	65	3.3 Subd. 3.Continuing education topics.(a) Continuing education program topics may
66	66	3.4include, but are not limited to, Oriental medical acupuncture and herbal medicine theory
67	67	3.5and techniques including Oriental massage; Oriental nutrition; Oriental herbology and diet
68	68	3.6therapy; Oriental exercise; western sciences such as anatomy, physiology, biochemistry,
69	69	3.7microbiology, psychology, nutrition, and history of medicine; and medical terminology or
70	70	3.8coding.
71	71	3.9 (b) Practice management courses are excluded under this section.
72	72	3.10 Sec. 8. Minnesota Statutes 2024, section 147B.05, subdivision 1, is amended to read:
73	73	3.11 Subdivision 1.Creation.The advisory council to the Board of Medical Practice for
74	74	3.12acupuncture consists of seven members appointed by the board to three-year terms. Four
75	75	3.13members must be licensed acupuncture practitioners licensed in Minnesota, one member
76	76	3.14must be a licensed physician or osteopathic physician who also practices acupuncture, one
77	77	3.15member must be a licensed chiropractor who is NCCAOM certified, and one member must
78	78	3.16be a member of the public who has received acupuncture treatment as a primary therapy
79	79	3.17from a NCCAOM certified acupuncturist.
80	80	3.18 Sec. 9. Minnesota Statutes 2024, section 147B.06, subdivision 1, is amended to read:
81	81	3.19 Subdivision 1.Practice standards.(a) Before treatment of a patient, an acupuncture
82	82	3.20practitioner shall ask whether the patient has been examined by a licensed physician or other
83	83	3.21professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness
84	84	3.22or injury, and shall review the diagnosis as reported.
85	85	3.23 (b) The practitioner shall obtain informed consent from the patient, after advising the
86	86	3.24patient of the following information which must be supplied to the patient in writing before
87	87	3.25or at the time of the initial visit:
88	88	3.26 (1) the practitioner's qualifications including:
89	89	3.27 (i) education;
90	90	3.28 (ii) license information; and
91	91	3.29 (iii) outline of the scope of practice of acupuncturists in Minnesota; and
92	92	3.30 (2) side effects which may include the following:
93	93	3Sec. 9.
94	94	25-03206 as introduced02/11/25 REVISOR AGW/LJ 4.1 (i) some pain in the treatment area;
95	95	4.2 (ii) minor bruising;
96	96	4.3 (iii) infection;
97	97	4.4 (iv) needle sickness; or
98	98	4.5 (v) broken needles.
99	99	4.6 (c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
100	100	4.7has been advised to consult with the patient's primary care physician about the acupuncture
101	101	4.8treatment if the patient circumstances warrant or the patient chooses to do so.
102	102	4.9 (d) (c) The practitioner shall inquire whether the patient has a pacemaker or bleeding
103	103	4.10disorder.
104	104	4.11 Sec. 10. Minnesota Statutes 2024, section 147B.06, subdivision 4, is amended to read:
105	105	4.12 Subd. 4.Scope of practice.The scope of practice of acupuncture and herbal medicine
106	106	4.13includes, but is not limited to, the following:
107	107	4.14 (1) using Oriental medical theory to assess and diagnose a patient evaluation,
108	108	4.15management, and treatment services using methods and techniques described in section
109	109	4.16147B.01, subdivisions 2a, 3, and 14;
110	110	4.17 (2) using Oriental medical theory to develop a plan to treat a patient. The treatment
111	111	4.18techniques that may be chosen include: diagnostic examination, testing, and procedures
112	112	4.19including physical examination, basic diagnostic imaging, and basic laboratory or other
113	113	4.20diagnostic tests for the purposes of guiding treatment within the scope of practice of
114	114	4.21acupuncture, herbal medicine, and herbal therapies, as described in section 147B.01,
115	115	4.22subdivisions 2a, 3, and 14. When results fall outside of the education, training, and expertise
116	116	4.23of the licensed acupuncturists, or suggest serious or emergent conditions, the acupuncturist
117	117	4.24must facilitate referrals to other appropriate health care providers;
118	118	4.25 (i) insertion of sterile acupuncture needles through the skin;
119	119	4.26 (ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
120	120	4.27application of heat;
121	121	4.28 (iii) cupping;
122	122	4.29 (iv) dermal friction;
123	123	4.30 (v) acupressure;
124	124	4Sec. 10.
125	125	25-03206 as introduced02/11/25 REVISOR AGW/LJ 5.1 (vi) herbal therapies;
126	126	5.2 (vii) dietary counseling based on traditional Chinese medical principles;
127	127	5.3 (viii) breathing techniques;
128	128	5.4 (ix) exercise according to Oriental medical principles; or
129	129	5.5 (x) Oriental massage.
130	130	5.6 (3) services included in the practice of acupuncture and herbal medicine, as defined in
131	131	5.7section 147B.01, subdivision 3;
132	132	5.8 (4) stimulation of acupuncture points, areas of the body, or substances in the body using
133	133	5.9acupuncture needles, heat, cold, color, light, infrared and ultraviolet, low-level or cold lasers,
134	134	5.10sound, vibration, pressure, magnetism, electricity, electromagnetic energy, bleeding, suction,
135	135	5.11or other devices or means;
136	136	5.12 (5) use of physical medicine modalities, procedures, and devices such as cupping, dermal
137	137	5.13friction, acupressure, and massage, as described in section 147B.01, subdivisions 2a, 3, and
138	138	5.1414;
139	139	5.15 (6) use of therapeutic exercises, breathing techniques, meditation, and biofeedback
140	140	5.16devices and other devices that utilize heat, cold, color, light, infrared and ultraviolet, low-level
141	141	5.17or cold lasers, sound, vibration, pressure, magnetism, electricity, and electromagnetic energy
142	142	5.18for therapeutic purposes;
143	143	5.19 (7) dietary counseling using methods and techniques of acupuncture and herbal medicine;
144	144	5.20and
145	145	5.21 (8) counseling and education regarding physical, emotional, and spiritual balance in
146	146	5.22lifestyle using methods and techniques described in section 147B.01, subdivision 3.
147	147	5.23 Sec. 11. Minnesota Statutes 2024, section 147B.06, subdivision 5, is amended to read:
148	148	5.24 Subd. 5.Patient records.An acupuncturist shall maintain a patient record for each
149	149	5.25patient treated, including:
150	150	5.26 (1) a copy of the informed consent;
151	151	5.27 (2) evidence of a patient interview concerning the patient's medical history and current
152	152	5.28physical condition;
153	153	5.29 (3) evidence of a traditional acupuncture examination and diagnosis;
154	154	5.30 (4) record of the treatment including points treated; and
155	155	5Sec. 11.
156	156	25-03206 as introduced02/11/25 REVISOR AGW/LJ 6.1 (5) evidence of evaluation and instructions given to the patient.
157	157	6.2 Sec. 12. REPEALER.
158	158	6.3 Minnesota Statutes 2024, section 147B.01, subdivision 18, is repealed.
159	159	6Sec. 12.
160	160	25-03206 as introduced02/11/25 REVISOR AGW/LJ 147B.01 DEFINITIONS.
161	161	Subd. 18.Oriental medicine."Oriental medicine" means a system of healing arts that perceives
162	162	the circulation and balance of energy in the body as being fundamental to the well-being of the
163	163	individual. It implements the theory through specialized methods of analyzing the energy status of
164	164	the body and treating the body with acupuncture and other related modalities for the purpose of
165	165	strengthening the body, improving energy balance, maintaining or restoring health, improving
166	166	physiological function, and reducing pain.
167	167	1R
168	168	APPENDIX
169	169	Repealed Minnesota Statutes: 25-03206