Newsletters > May 2000 > How Does the New Act Work

Nuts and bolts: Firstly everyone should know that this statute goes into effect on July 1st, 2001, so we have some time to adjust. The number of the new statute is Minnesota Statute 146A. Currently you can find the text of our bill imbedded in Conference Committee Report 3839 beginning at Section 9. However, after the conference committee report is statutorized and made into Minnesota Statute 146A, you will also be able to find that on our Web site. You can also call House Information at the capitol at 651-296-2146 and they will send you a copy of House of Representatives Conference Committee Report 3839.

There are three important components to this statute: The first is jurisdiction. The question is: Which practitioners will be available to consumers and will be able to practice as unlicensed complementary and alternative health care practitioners under the Department of Health's jurisdiction and be exempt from charges of practice of medicine without a license? The answer is twofold. First a practitioner must, in fact, be practicing unlicensed complementary and alternative health care as defined in the new statute. The practitioner cannot be practicing modalities that are outside the limits set forth within the law. A practitioner, for example, cannot engage in practices such as surgery, administering or dispensing controlled substances, practices that puncture the skin, etc. Secondly, it will be relevant whether a practitioner is currently an unlicensed or a licensed health care practitioner and if they are licensed whether they hold themselves out as a licensed professional. A close read of the new statute will help you discern whether this statute relates to your situation.

The second important component is grounds for disciplinary actions of practitioners. The question is: If a practitioner is under the jurisdiction of the Department of Health under this new statute, are they abiding by the proper conduct code or are they practicing prohibited conduct. The grounds for disciplinary action are spelled out clearly in the statute and are important for consumers and practitioners alike to be aware of.

Thirdly, and most importantly, is the Client Bill of Rights. The question is: If you are a consumer, did your practitioner provide you with the Client Bill of Rights before treatment commenced and did they have you sign an acknowledgment of receipt of the Bill of Rights before treatment commenced. The Client Bill of Rights mandates that every practitioner provides the client with 17 areas of information before treatment begins, including for example: the name, complementary and alternative health care title, business address, and telephone number of the practitioner; the degrees, training, experience, or other qualifications of the practitioner regarding the complementary and alternative health care being provided; a disclosure in bold letters that reads “THE STATE OF MINNESOTA HAS NOT ADOPTED ANY EDUCATIONAL AND TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER. THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY.” Every consumer should be aware of this practitioner mandate to distribute a Client Bill of Rights so that they can reap the benefits from the helpful information that practitioners will be providing. You can find the complete Client Bill of Rights in the new Minnesota Statute at Sections 146A.11. It is not the intent of this article to cover every aspect of the workings of the new statute. Consumers and practitioners are encouraged to read the actual statute which is now Minnesota Statute 146A. Classes and seminars will be available for those interested in a more comprehensive discussion. Please call 612-721-3305 for more information.