-Caveat Lector- <A HREF="http://www.ctrl.org/">
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Dear Rep. Smith & Committee:
Many people have their attention focused on your courageous grappling with
the question of people's RIGHT to choose their own modality of health care.
On this and other issues important to individual and State's rights,
Minnesota is proving itself to be a Leader !
I am hoping and trusting that you will look into your hearts and do the
right thing, even though this may be opposed by the multi Billion dollar
pharmaceutical cartels.... who have brought the people a nauseating litany
of fraudulent "scientific" studies used to gain FDA approval... who have
brought the once-sacred Art of Medicine to the point where today, Allopathic
iatrogenesis is the 4th leading cause of death in the U.S., Canada, the
U.K., and presumably elsewhere.
Conventional "modern medicine" is DIRECTLY responsible for more deaths than
automobile accidents and firearms combined.
"We the People" deserve the Legal Right to exercise our Freedom of Choice in
the face of these terrible realities.
I respectfully request that you support Freedom in the spirit of the
Constitution of these united States as you are considering your vote this
morning on Minnesota House file #537, appended.
God bless you one and all!
Regards,
Dave Hartley
86 N. Lexington Ave.
Asheville, NC 28801
http://www.asheville-computer.com/dave
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Proposed Amendments 10/04/99 5:00 p.m. [RESDEPT ] EL/JMW
H537DE2
1 .......... moves to amend H. F. No. 537, as follows:
2 Delete everything after the enacting clause and insert:
3 "Section 1. [146A.01] [CITATION.]
4 This chapter may be cited as the Complementary and
Alternative Health Care Freedom of Access Act.
6 Sec. 2. [146A.0.2] [DEFINITIONS.]
7 subdivision 1._ [APPLICABILITY.] For purposes of this
8 chapter, the following terms have the meanings given to them.
9 Subd. 2. [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE CLIENT
10 OR CLIENT.] "Complementary and alternative health care client"
11 or "client" means an individual who receives services from an
12 unlicensed complementary and alternative health care
13 practitioner.
14 Subd. 3. [COMPLEMENTARY AND ALTERNATIVE HEALTH CARE
15 PRACTICES.] (a) "Complementary and alternative health care
16 practices" means the broad domain of complementary and
17 alternative healing methods and treatments, including but not
18 limited to: (1) acupressure; (2) anthroposophy; (3) aroma
19 therapy; (4) ayurveda; (5) cranial sacral therapy; (6)
20 culturally traditional healing practices; (7) detoxification
21 practices and therapies; (8) energetic healing; (9) polarity
22 therapy; (10) folk practices; -(11) healing Practices utilizing
23 food, food supplements, nutrients, and the physical forces of
24 heat, cold, water, touch, and light; (12) Gerson therapy and
1
10/04/99 5:00 p.m. [RESDEPT ] EL/JMW H537DE2
1 colostrum therapy; (13) healing touch; (14) herbology or
herbalism; (15) homeopathy; (16) iridology; (17) body work,
3 massage, and massage therapy; (18) meditation; (19) mind-body
4 healing practices; (20) naturopathy; (21) noninvasive
instrumentalities; (22) traditional Oriental practices, such as
6 Qi Gong energy healing; and (23) other complementary and
7 alternative health care and healing practices pursued by clients
8 for the purpose of preventing or treating illness or promoting
health and well-being.
10 (b) Complementary and alternative health care practices, in
11 and of themselves, do not include surgery, x-ray radiation,
12 administering or dispensing legend drugs and controlled
13
substances, practices that invade the human body by puncture of
14 the skin, or the manipulation or adjustment of articulations of
15 joints or the spine as described in section 146.23 or 148.01.
16
(c) Complementary and alternative health care practices do
17
not include practices that are permitted under section 147.09,
18 clause (11), or 148.271, clause (5).
19 Subd. 4. [HEALTH-RELATED LICENSING BOARD.] "Health-related
20 licensing board" has the meaning given in section 214.01,
21 subdivision 2.
22 Subd. 5. [UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH
23 CARE PRACTITIONER.] "Unlicensed complementary and alternative
24 health care practitioner" means a person who:
25 (1) is not licensed or registered by a health-related
26 licensing board or the commissioner of health, or does not hold
27 oneself out to the public as licensed or registered by a
28 health-related licensing board or the commissioner of health
29 when engaging in complementary and alternative health care
30 practices;
31 (2) is engaging in complementary and alternative health
32 care practices; and
33 .(3) is providing complementary and alternative health care
34 services for remuneration, or is holding oneself out to the
35 public as a practitioner of complementary and alternative health
36 care practices.
2
10/04/99 5:00 P.M. [RESDEPT ] EL/JMW H537DE2
1 Sec. 3. [146A.03] [PRACTITIONER RIGHTS AND
2 RESPONSIBILITIES.]
3 An unlicensed complementary and alternative health care
4 practitioner has the right to engage in complementary and
5 alternative health care practices if:
6 (1) the practitioner is 18 years of age or older;
7 (2) the practitioner provides the appropriate disclosures,
8 notices, and information required under section 146A.04 to the
9 client before treatment commences; and
10 (3) the practitioner receives informed consent from the
11 client before treatment commences.
12 Sec. 4. [146A.04] [REQUIRED DISCLOSURES AND NOTICES.]
13 Subdivision 1. [WRITTEN DISCLOSURES REGARDING
14 PRACTITIONER.] Before providing treatment to a client, an
15 unlicensed complementary and alternative health care
16 practitioner must provide the following information in writing
17 to the client:
18 (1) the health care services available from the
19 practitioner;
20 (2) the practitioner's education, experience, and training,
21 and any credentials, continuing education, and professional
22 affiliations related to the complementary and alternative health
23 care practices in which the practitioner engages; and
24 (3) information regarding the fee schedule, billing
25 practices, and insurance reimbursement.
26 Subd. 2. [DISCLOSURES REGARDING PROPOSED TREATMENT OR
27 PROCEDURE.] Before providing treatment to a client, an
28 unlicensed complementary and alternative health care
29 practitioner must inform the client of the following-.
30 (1) the nature and purpose of the proposed treatment or
31 procedure;
32 (2) the benefits that may most likely be expected from the
33 proposed treatment or procedure; and
34 (3) the significant risks and side effects associated with
35 the proposed treatment or procedure.
36 Subd. 3. [DISCLOSURE AND NOTICE FORM.] Before providing
3
10/04/99 5:00 p.m. [RESDEPT I EL/JMW H537DE2
1 treatment to a client, an unlicensed complementary and
2 alternative health care practitioner must provide the following
3 disclosure and notice form to the client.
4 "Before providing treatment, an unlicensed complementary
5 and alternative health care practitioner must provide clients
6 with written information about the practitioner's education,
7 experience, and training; the services the practitioner
8 provides; and information regarding fees, billings, and
9 insurance reimbursement. The practitioner must also discuss
10 with clients the nature and purpose of the proposed treatment,
11 the benefits that may most likely be expected; and the
12 significant risks and side effects associated with the treatment.
13 THE STATE OF MINNESOTA HAS NOT ADOPTED UNIFORM EDUCATIONAL
14 AND QUALIFICATION STANDARDS FOR COMPLEMENTARY AND ALTERNATIVE
15 HEALTH CARE PRACTITIONERS. THE PRACTITIONER'S STATEMENT OF
16 CREDENTIALS IS FOR INFORMATIONAL PURPOSES ONLY.
17 The practices of an unlicensed complementary and
18 alternative health care practitioner do not constitute a
19 diagnosis from a licensed physician, chiropractor, or
20 acupuncture practitioner. If a client desires a diagnosis from
21 a licensed physician, chiropractor, or acupuncture practitioner,
22 or services from a physician, chiropractor, nurse, osteopath,
23 physical therapist, dietitian, nutritionist, acupuncture
24 practitioner, or any other type of health care provider, the
25 client may seek such services at any time.
26 Health care records and communications and transactions
27 with the practitioner shall be kept confidential, unless the
28 records are released according to written authorization from the
29 client or as otherwise provided by law."
30 Sec. 5. [146A.05] [SANCTIONS AGAINST PRACTITIONERS
31 LIMITED.]
32 (a) No civil remedy or disciplinary action may be sought or
33 imposed against an unlicensed complementary and alternative
34 health care practitioner by the state, a political subdivision
35 of the state, or a health-related licensing board based on
36 section 214.11 or 214.131 unless the state, political
4
10/04/99 5:00 p.m. [RESDEPT ] EL/JMW H537DE---
1 subdivision, or health-related licensing board can demonstrate
2 by a preponderance of the evidence that:
3 (1) one of the following criteria is met:
4 (i) there was no informed consent by the client before
5 treatment was provia@l@
6 (ii) the practitioner failed to provide the client with all
7 of the notices and disclosures required under section 146A.04;
8 or
9 (iii) the treatment method, when used by the client as
10 directed, caused significant, direct, physical or mental harm;
11 the harm occurred as a result of the complementary and
.12 alternative health care practice; and the client would not have
13 otherwise suffered the harm; and
14 (2) continued provision of complementary and alternative
15 health care practices by the practitioner would create an
16 imminent risk of harm to others and the potential for harm is
17 recognizeable and not remote.
18 (b) In any civil or disciplinary proceeding against an
19 unlicensed complementary and alternative health care
20 practitioner, engaging in complementary and alternative health
21 care practices shall not constitute an imminent risk of harm per
22 se or the unlawful practice of medicine under section 147.081,
23 subdivision 3, clause (3).
24 (c) No criminal sanction may be sought or imposed against
25 an unlicensed complementary and alternative health care
26 practitioner by the state, a political subdivision of the state,
27 or a health-related licensing board for practicing medicine
28 without a license under section 147.081, subdivision 3, clause
29 (3).
30 (d) A client's delay of the use of conventional medical
31 care to receive complementary and alternative health care
32 practices may not be considered evidence of harm per se.
33 Sec. 6. [146A.06] [PROFESSIONAL CONDUCT; ENFORCEMENT.]
34 Subdivision 1. [PROHIBITED CONDUCT.] An unlicensed
35 complementary and alternative health care practitioner is
36 prohibited from engaging in the following conduct:
5
10/04/99 5:00 p.m. [RESDEPT ] EL/JMW H537DE2
1 (1) engaging in sexual conduct with a client unless the
2 client is the practitioner's spouse or current or former sexual
3 partner, engaging in any behavior that is seductive or sexually
4 demeaning to a clienti or engaging in sexual exploitation of a
5 client;
6 (2) improper or unauthorized personal or other use of any
7 legend drugs as defined in section 151.01 or any controlled
8 substances as defined in section 152.01;
9 (3) revealing a confidential communication from or relating
10 to a client without the client's express written authorization;
11 or
12 (4) splitting fees or promising to pay a portion of a fee
13 to anyone other than for services rendered to a client by
14 another health care practitioner.
15 Subd. 2. [PROHIBITED PRACTICE.] An unlicensed
16 complementary and alternative health care practitioner is
17 prohibited from engaging in complementary and alternative health
18 care practices if the practitioner:
19 (1) was convicted of a crime within the past five years,
20 including a finding or verdict of guilt, an admission of guilt,
21 or a no contest plea, in any court in Minnesota or any other
22 jurisdiction in the United States, reasonably related to
23 engaging in complementary and alternative health care
24 practices. Conviction, as used in this clause, includes a
25 conviction of an offense which, if committed in this state,
26 would be deemed a felony or gross misdemeanor without regard to
27 its designation elsewhere, or a criminal proceeding where a
28 finding or verdict of guilty is made or returned but the
29 adjudication of guilt is either withheld or not entered;
30 (2) was convicted of criminal acts against persons within
31 the past five years. For purposes of this clause, a crime
32 against a person means violations of the following: sections
33 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.215;
34 609.221; 609.222; 609.223; 609.224; 609.2242; 609.23; 609.231;
35 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245; 609.25;
36 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265;
6
10/04/99 5:00 p.m. [RESDEPT ] EL/JMW H537DE2
1 609.342; 609.343; 609.344; 609.345; 609.365; 609.498,
2 subdivision 1; 609.50, subdivision 1, clause (1); 609.561;_
3 609.562; 609.595; and 609.72, subdivision 3; or
4 (3) is currently adjudicated as mentally incompetent or as
5 a person who is dangerous to self, or is currently adjudicated
6 pursuant to chapter 253B as chemically dependent, mentally
7 retarded, mentally ill and dangerous to the public, or a sexual
8 psychopathic personality or sexually dangerous person.
9 Subd. 3. [ENFORCEMENT.] A city attorney or county attorney
10 may enforce any provision of subdivision 1 or 2 by taking one or
11 more of the following actions against any unlicensed
12 complementary and alternative health care practitioner who
13 violates any provision of subdivision 1 or 2:
14 (1) seek a civil penalty against the practitioner, not to
15 exceed $10,000 for each separate violation; or
16. (2) seek injunctive relief to enjoin, limit, or condition
17 the practitioner's complementary and alternative health care
18 practices.
19 Sec. 7. [146A.07] [CIVIL ACTION; DUTY AND STANDARD OF
20 CARE.]
21 Nothing in sections 146A.01 to 146A.07 relieves an
22 unlicensed complementary and alternative health care
23 practitioner from liability for the professional's torts. In
24 any civil action against an unlicensed complementary and
25 alternative health care practitioner regarding complementary and
26 alternative health care practices, the duty of the complementary
27 and alternative health care practitioner is to exercise that
28 degree of care, knowledge, and skill ordinarily possessed by a
29 person with that education, experience, and credentials in the
30 health care practice the practitioner is providing. A cause of
31 action against such practitioners shall be based upon a standard
32 of care that reflects the standard practiced by other unlicensed
33 complementary and alternative health care practitioners with
34 similar education, experience, and credentials in the
35 complementary and alternative health care practice that the
36 practitioner has provided, and who are practicing under like
7
10/04/99 5:00 P.M. [RESDEPT j EL/JMW H537DE2
1 circumstances.
2 Sec. 8. Minnesota Statutes 1999 Supplement, section
3 147.09, is amended to read:
4 147.09 [EXEMPTIONS.]
5 Section 147.081 does not apply to, control, prevent or
6 restrict the practice, service, or activities of:
7 (1) A person who is a commissioned medical officer of, a
8 member of, or employed by, the armed forces of the United
States, the United States Public Health Service, the Veterans
10 Administration, any federal institution or any federal agency
11 while engaged in the performance of official duties within this
12 state, if the person is licensed elsewhere.
13 (2) A licensed physician from a state or country who is in
14 actual consultation here.
15 (3) A licensed or registered physician who treats the
16 physician's home state patients or other participating patients
17 while the physicians and those patients are participating
18 together in outdoor recreation in this state as defined by
19 section 86A.03, subdivision 3. A physician shall first register
20 with the board on a form developed by the board for that
21 purpose. The board shall not be required to promulgate the
22 contents of that form by rule. No fee shall be charged for this
23 registration.
24 (4) A student practicing under the direct supervision of a
25 preceptor while the student is enrolled in and regularly
26 attending a recognized medical school.
27 (5) A student who is in continuing training and performing
28 the duties of an intern or resident or engaged in postgraduate
29 work considered by the board to be the equivalent of an
30 internship or residency in any hospital or institution approved
31 for training by the board, provided the student has a residency
32 permit issued by the board under section 147.0391.
33 (6) A person employed in a scientific, sanitary, or
34 teaching capacity by the state university, the department of
35 children, families, and learning, or by any public or private
36 school, college, or other bona fide educational institution, a
8
10/04/99 5:00 p.m. [RESDEPT ] EL/JMW H537DE2
1 nonprofit organization, which has tax-exempt status in
2 accordance with the Internal Revenue Code, section 501(c)(3),
3 and is organized and operated primarily for the purpose of
4 conducting scientific research directed towards discovering the
5 causes of and cures for human diseases, or the state department
6 of health, whose duties are entirely of a research, public
7 health, or educational character, while engaged in such duties;
8 provided that if the research includes the study of humans, such
research shall be conducted under the supervision of one or more
10 physicians licensed under this chapter.
11 (7) Physician's assistants registered in this state.
12 (8) A doctor of osteopathy duly licensed by the state board
13 of osteopathy under Minnesota Statutes 1961, sections 148.11 to
14 148.16, prior to May 1, 1963, who has not been granted a license
15 to practice medicine in accordance with this chapter provided
16 that the doctor confines activities within the scope of the
17 license.
18 (9) Any person licensed by a health related licensing
19 board, as defined in section 214.01, subdivision 2, or
20 registered by the commissioner of health pursuant to section
21 214.13, including psychological practitioners with respect to
22 the use of hypnosis; provided that the person confines
23 activities within the scope of the license.
24 (10) A person who practices ritual circumcision pursuant to
25 the requirements or tenets of any established religion.
26 (11) A Christian Scientist or other person who endeavors to
27 prevent or cure disease or suffering exclusively by mental or
28 spiritual means or by prayer.
29 (12) A physician licensed to practice medicine in another
30 state who is in this state for the sole purpose of providing
31 medical services at a competitive athletic event. The physician
32 may practice medicine only on participants in the athletic
33 event. A physician shall first register with the board on a
34 form developed by the board for that purpose. The board shall
35 not be required to adopt the contents of the form by rule. The
36 physician shall provide evidence satisfactory to the board of a
9
10/04/99 5:00 p.m. [RESDEPT ] EL/JMW H537DE2
1 current unrestricted license in another state. The board shall
2 charge a fee of $50 for the registration.
3 (13) A psychologist licensed under section 148.907 or a
4 social worker licensed under section 148B.21 who uses or
5 supervises the use of a penile or vaginal plethysmograph in
6 assessing and treating individuals suspected of engaging in
7 aberrant sexual behavior and sex offenders.
8 (14) Any person issued a training course certificate or
9 credentialed by the emergency medical services regulatory board
10 established in chapter 144E, provided the person confines
11 activities within the scope of training at the certified or
12 credentialed level.
13 (15) An unlicensed complementary and alternative health
14 care practitioner practicing according to chapter 146A."
15 Delete the title and insert:
16 "A bill for an act
17 relating to health; allowing unlicensed complementary
18 and alternative health care practitioners to practice
19 in certain circumstances; establishing requirements
20 for disclosures, notices, and informed consent;
21 specifying a standard of care for civil actions
22 against practitioners; establishing civil penalties;
23 amending Minnesota Statutes 1999 Supplement, section
24 147.09; proposing coding for new law as Minnesota
25 Statutes, chapter 146A."
God bless you one and all!
Regards,
Dave Hartley
86 N. Lexington Ave.
Asheville, NC 28801
http://www.asheville-computer.com/dave
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