1.1 A bill for an act
1.2 relating to health-related occupations; modifying licensing for practice of
1.3 acupuncture and herbal medicine; amending Minnesota Statutes 2024, sections
1.4 147B.01, subdivisions 3, 4, 9, 14, by adding a subdivision; 147B.03, subdivisions
1.5 2, 3; 147B.05, subdivision 1; 147B.06, subdivisions 1, 4, 5; repealing Minnesota
1.6 Statutes 2024, section 147B.01, subdivision 18.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 147B.01, is amended by adding a subdivision
1.9to read:
1.10 Subd. 2a.Acupuncture."Acupuncture" means a unique treatment technique that uses
1.11modern and traditional medical methods of diagnosis and treatment. It includes the insertion
1.12of filiform or acupuncture needles through the skin and may include the use of other
1.13biophysical methods of acupuncture point stimulation, including the use of heat, massage,
1.14or manual therapy techniques or electrical stimulation. Acupuncture includes but is not
1.15limited to therapies termed "dry needling," "trigger point therapy," "intramuscular therapy,"
1.16"auricular detox treatment," and similar terms referring to the insertion of needles past the
1.17skin for pain management, disease or symptom modification, or other related treatments.
1.18 Sec. 2. Minnesota Statutes 2024, section 147B.01, subdivision 3, is amended to read:
1.19 Subd. 3.Acupuncture and herbal medicine practice."Acupuncture and herbal medicine
1.20practice" means a comprehensive system of primary health care using Oriental medical
1.21theory and its unique methods of diagnosis and treatment. Its treatment techniques include
1.22the insertion of acupuncture needles through the skin and the use of other biophysical
1.23methods of acupuncture point stimulation, including the use of heat, Oriental massage
1Sec. 2.
25-03206 as introduced02/11/25 REVISOR AGW/LJ
SENATE
STATE OF MINNESOTA
S.F. No. 1746NINETY-FOURTH SESSION
(SENATE AUTHORS: HOFFMAN and Coleman)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/20/2025
Referred to Health and Human Services 2.1techniques, electrical stimulation, herbal supplemental therapies, dietary guidelines, breathing
2.2techniques, and exercise based on Oriental medical principles that uses traditional and
2.3modern diagnosis, methodology, and treatment techniques based on acupuncture and herbal
2.4medicine theory, principles, and methods. Treatment techniques include but are not limited
2.5to acupuncture, cupping, dermal friction, therapeutic massage, herbal therapies, dietary
2.6guidelines, mind-body exercises, and other appropriate techniques.
2.7 Sec. 3. Minnesota Statutes 2024, section 147B.01, subdivision 4, is amended to read:
2.8 Subd. 4.Acupuncture needle."Acupuncture needle" means a needle designed
2.9exclusively for acupuncture the purposes of insertion past the skin to alleviate pain, provide
2.10symptom relief, or modulate disease processes. It has a solid core, with a tapered point, and
2.11is 0.12 mm to 0.45 mm in thickness. It is constructed of stainless steel, gold, silver, or other
2.12board-approved materials as long as the materials can be sterilized according to
2.13recommendations of the National Centers for Disease Control and Prevention.
2.14 Sec. 4. Minnesota Statutes 2024, section 147B.01, subdivision 9, is amended to read:
2.15 Subd. 9.Breathing techniques."Breathing techniques" means Oriental breathing
2.16exercises taught to a patient as part of a treatment plan.
2.17 Sec. 5. Minnesota Statutes 2024, section 147B.01, subdivision 14, is amended to read:
2.18 Subd. 14.Herbal therapies or herbal medicine."Herbal therapies" are or "herbal
2.19medicine" means the use of herbs and patent herbal remedies as supplements as part of the
2.20treatment plan of the patient.
2.21 Sec. 6. Minnesota Statutes 2024, section 147B.03, subdivision 2, is amended to read:
2.22 Subd. 2.Board approval.The board shall approve a continuing education program if
2.23the program meets the following requirements:
2.24 (1) it directly relates to the practice of acupuncture;
2.25 (2) each member of the faculty shows expertise in the subject matter by holding a degree
2.26or certificate from an educational institution, has verifiable experience in traditional Oriental
2.27acupuncture and herbal medicine, or has special training in the subject area;
2.28 (3) the program lasts at least one contact hour;
2.29 (4) there are specific written objectives describing the goals of the program for the
2.30participants; and
2Sec. 6.
25-03206 as introduced02/11/25 REVISOR AGW/LJ 3.1 (5) the program sponsor maintains attendance records for four years.
3.2 Sec. 7. Minnesota Statutes 2024, section 147B.03, subdivision 3, is amended to read:
3.3 Subd. 3.Continuing education topics.(a) Continuing education program topics may
3.4include, but are not limited to, Oriental medical acupuncture and herbal medicine theory
3.5and techniques including Oriental massage; Oriental nutrition; Oriental herbology and diet
3.6therapy; Oriental exercise; western sciences such as anatomy, physiology, biochemistry,
3.7microbiology, psychology, nutrition, and history of medicine; and medical terminology or
3.8coding.
3.9 (b) Practice management courses are excluded under this section.
3.10 Sec. 8. Minnesota Statutes 2024, section 147B.05, subdivision 1, is amended to read:
3.11 Subdivision 1.Creation.The advisory council to the Board of Medical Practice for
3.12acupuncture consists of seven members appointed by the board to three-year terms. Four
3.13members must be licensed acupuncture practitioners licensed in Minnesota, one member
3.14must be a licensed physician or osteopathic physician who also practices acupuncture, one
3.15member must be a licensed chiropractor who is NCCAOM certified, and one member must
3.16be a member of the public who has received acupuncture treatment as a primary therapy
3.17from a NCCAOM certified acupuncturist.
3.18 Sec. 9. Minnesota Statutes 2024, section 147B.06, subdivision 1, is amended to read:
3.19 Subdivision 1.Practice standards.(a) Before treatment of a patient, an acupuncture
3.20practitioner shall ask whether the patient has been examined by a licensed physician or other
3.21professional, as defined by section 145.61, subdivision 2, with regard to the patient's illness
3.22or injury, and shall review the diagnosis as reported.
3.23 (b) The practitioner shall obtain informed consent from the patient, after advising the
3.24patient of the following information which must be supplied to the patient in writing before
3.25or at the time of the initial visit:
3.26 (1) the practitioner's qualifications including:
3.27 (i) education;
3.28 (ii) license information; and
3.29 (iii) outline of the scope of practice of acupuncturists in Minnesota; and
3.30 (2) side effects which may include the following:
3Sec. 9.
25-03206 as introduced02/11/25 REVISOR AGW/LJ 4.1 (i) some pain in the treatment area;
4.2 (ii) minor bruising;
4.3 (iii) infection;
4.4 (iv) needle sickness; or
4.5 (v) broken needles.
4.6 (c) The practitioner shall obtain acknowledgment by the patient in writing that the patient
4.7has been advised to consult with the patient's primary care physician about the acupuncture
4.8treatment if the patient circumstances warrant or the patient chooses to do so.
4.9 (d) (c) The practitioner shall inquire whether the patient has a pacemaker or bleeding
4.10disorder.
4.11 Sec. 10. Minnesota Statutes 2024, section 147B.06, subdivision 4, is amended to read:
4.12 Subd. 4.Scope of practice.The scope of practice of acupuncture and herbal medicine
4.13includes, but is not limited to, the following:
4.14 (1) using Oriental medical theory to assess and diagnose a patient evaluation,
4.15management, and treatment services using methods and techniques described in section
4.16147B.01, subdivisions 2a, 3, and 14;
4.17 (2) using Oriental medical theory to develop a plan to treat a patient. The treatment
4.18techniques that may be chosen include: diagnostic examination, testing, and procedures
4.19including physical examination, basic diagnostic imaging, and basic laboratory or other
4.20diagnostic tests for the purposes of guiding treatment within the scope of practice of
4.21acupuncture, herbal medicine, and herbal therapies, as described in section 147B.01,
4.22subdivisions 2a, 3, and 14. When results fall outside of the education, training, and expertise
4.23of the licensed acupuncturists, or suggest serious or emergent conditions, the acupuncturist
4.24must facilitate referrals to other appropriate health care providers;
4.25 (i) insertion of sterile acupuncture needles through the skin;
4.26 (ii) acupuncture stimulation including, but not limited to, electrical stimulation or the
4.27application of heat;
4.28 (iii) cupping;
4.29 (iv) dermal friction;
4.30 (v) acupressure;
4Sec. 10.
25-03206 as introduced02/11/25 REVISOR AGW/LJ 5.1 (vi) herbal therapies;
5.2 (vii) dietary counseling based on traditional Chinese medical principles;
5.3 (viii) breathing techniques;
5.4 (ix) exercise according to Oriental medical principles; or
5.5 (x) Oriental massage.
5.6 (3) services included in the practice of acupuncture and herbal medicine, as defined in
5.7section 147B.01, subdivision 3;
5.8 (4) stimulation of acupuncture points, areas of the body, or substances in the body using
5.9acupuncture needles, heat, cold, color, light, infrared and ultraviolet, low-level or cold lasers,
5.10sound, vibration, pressure, magnetism, electricity, electromagnetic energy, bleeding, suction,
5.11or other devices or means;
5.12 (5) use of physical medicine modalities, procedures, and devices such as cupping, dermal
5.13friction, acupressure, and massage, as described in section 147B.01, subdivisions 2a, 3, and
5.1414;
5.15 (6) use of therapeutic exercises, breathing techniques, meditation, and biofeedback
5.16devices and other devices that utilize heat, cold, color, light, infrared and ultraviolet, low-level
5.17or cold lasers, sound, vibration, pressure, magnetism, electricity, and electromagnetic energy
5.18for therapeutic purposes;
5.19 (7) dietary counseling using methods and techniques of acupuncture and herbal medicine;
5.20and
5.21 (8) counseling and education regarding physical, emotional, and spiritual balance in
5.22lifestyle using methods and techniques described in section 147B.01, subdivision 3.
5.23 Sec. 11. Minnesota Statutes 2024, section 147B.06, subdivision 5, is amended to read:
5.24 Subd. 5.Patient records.An acupuncturist shall maintain a patient record for each
5.25patient treated, including:
5.26 (1) a copy of the informed consent;
5.27 (2) evidence of a patient interview concerning the patient's medical history and current
5.28physical condition;
5.29 (3) evidence of a traditional acupuncture examination and diagnosis;
5.30 (4) record of the treatment including points treated; and
5Sec. 11.
25-03206 as introduced02/11/25 REVISOR AGW/LJ 6.1 (5) evidence of evaluation and instructions given to the patient.
6.2 Sec. 12. REPEALER.
6.3 Minnesota Statutes 2024, section 147B.01, subdivision 18, is repealed.
6Sec. 12.
25-03206 as introduced02/11/25 REVISOR AGW/LJ 147B.01 DEFINITIONS.
Subd. 18.Oriental medicine."Oriental medicine" means a system of healing arts that perceives
the circulation and balance of energy in the body as being fundamental to the well-being of the
individual. It implements the theory through specialized methods of analyzing the energy status of
the body and treating the body with acupuncture and other related modalities for the purpose of
strengthening the body, improving energy balance, maintaining or restoring health, improving
physiological function, and reducing pain.
1R
APPENDIX
Repealed Minnesota Statutes: 25-03206