Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 108-S.F.No. 79 
           An act relating to occupations and professions; 
          generally revising and updating the laws relating to 
          licensure of podiatrists; providing for definitions, 
          licensing, practice without a license, disciplinary 
          action, and investigations; providing penalties; 
          amending Minnesota Statutes 1986, sections 153.01, 
          subdivisions 2 and 3; 153.02; 153.03; 214.01; and 
          319A.02; proposing coding for new law in Minnesota 
          Statutes, chapter 153; repealing Minnesota Statutes 
          1986, sections 153.01, subdivision 4; 153.04 to 153.09;
          153.13; 153.14; and 153.15. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 153.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [PODIATRY PODIATRIC MEDICINE.] The word 
"Podiatry" is held to be "Podiatric medicine" means the 
diagnosis or medical, mechanical, or surgical treatment of the 
ailments of the human hand or, foot, ankle, and the soft tissue 
of the lower leg distal to the tibial tuberosity, including 
amputation of the toe, but not including amputation of the foot, 
hand, or fingers, or the use of anesthetics other than local 
anesthetics.  It shall include "Podiatric medicine" includes the 
fitting prescribing or recommending of appliances, devices, or 
shoes for the correction or relief of minor foot ailments, 
except the amputation of the foot, hand, toes, or fingers, or 
the use of anesthetics other than local.  It shall include 
"Podiatric medicine" includes the prescribing or administering 
of any drugs or medications necessary or helpful to the practice 
of podiatry as defined by this subdivision, provided, however, 
that licensed podiatrists shall be restricted in their 
prescribing or administering of any drugs or medications by the 
limitations imposed on the scope of practice of podiatry 
podiatric medicine as defined in this chapter. 
    Sec. 2.  Minnesota Statutes 1986, section 153.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [BOARD.] The word "Board" means the board of 
podiatry podiatric medicine of the state of Minnesota. 
    Sec. 3.  Minnesota Statutes 1986, section 153.02, is 
amended to read: 
    153.02 [BOARD; APPOINTMENT; TERMS; COMPENSATION OF 
PODIATRIC MEDICINE.] 
    The governor shall appoint a board of podiatry podiatric 
medicine consisting of two public members as defined by section 
214.02 and five resident podiatrists of good standing in their 
profession.  The podiatrists must each hold a degree of doctor 
of podiatric medicine and be licensed to practice podiatric 
medicine under this chapter.  Membership terms, compensation of 
members, removal of members, the filling of membership 
vacancies, and fiscal year and reporting requirements shall be 
as provided in sections 214.07 to 214.09.  The provision of 
staff, administrative services and office space; the review and 
processing of complaints; the setting of board fees; and other 
provisions related to board operations shall be as provided in 
chapter 214 and Laws 1976, chapter 222, sections 2 to 7. 
    The board shall elect from among its members a president 
and a secretary-treasurer.  The board may adopt rules as 
necessary to carry out the purposes of this chapter.  The 
members of the board may administer oaths and take testimony as 
to matters pertaining to the duties of the board.  Four members 
of the board shall constitute a quorum for the transaction of 
business.  The board shall have a common seal, which shall be 
kept by the executive director. 
    Sec. 4.  Minnesota Statutes 1986, section 153.03, is 
amended to read:  
    153.03 [APPLICATION FOR REGISTRATION; EXPENSES.] 
    Application for registration shall be made upon blanks 
furnished by the board and signed and sworn to by the 
applicant.  The expenses of administering sections 153.01 1 to 
153.15 16 shall be paid from the appropriations made to the 
board. 
    Sec. 5.  [153.16] [LICENSURE.] 
    Subdivision 1.  [LICENSE REQUIREMENTS.] The board shall 
issue a license to practice podiatric medicine to a person who 
meets the following requirements:  
    (a) The applicant for a license shall file a written 
notarized application on forms provided by the board, showing to 
the board's satisfaction that the applicant is of good moral 
character and satisfies the requirements of this section.  
    (b) The applicant shall present evidence satisfactory to 
the board of being a graduate of a podiatric medical school 
approved by the board based upon its faculty, curriculum, 
facilities, accreditation by a recognized national accrediting 
organization approved by the board, and other relevant factors. 
    (c) The applicant must have passed an examination prepared 
and graded by the national board of podiatric medical examiners 
and also pass a state clinical examination prepared and graded 
by the state board of podiatric medicine or a national clinical 
examination prepared and graded by the national board of 
podiatric medical examiners.  The board shall by rule determine 
what score constitutes a passing score in each examination.  
    (d) Applicants graduating after 1986 from a podiatric 
medical school shall present evidence satisfactory to the board 
of the completion of (1) one year of graduate, clinical 
residency or preceptorship in a program accredited by a national 
accrediting organization approved by the board or (2) other 
graduate training that meets standards equivalent to those of an 
approved national accrediting organization or school of 
podiatric medicine.  
    (e) The applicant shall appear in person before the board 
or its designated representative to show that the applicant 
satisfies the requirements of this section.  The board may 
establish as internal operating procedures the procedures or 
requirements for the applicant's personal presentation.  
    (f) The applicant shall pay a fee established by the board 
by rule.  The fee shall not be refunded.  
    (g) The applicant must not have engaged in conduct 
warranting disciplinary action against a licensee.  If the 
applicant does not satisfy the requirements of this paragraph, 
the board may refuse to issue a license unless it determines 
that the public will be protected through issuance of a license 
with conditions and limitations the board considers appropriate. 
    (h) Upon payment of a fee as the board may require, an 
applicant who fails to pass an examination and is refused a 
license is entitled to reexamination within one year of the 
board's refusal to issue the license.  No more than two 
reexaminations are allowed without a new application for a 
license. 
    Subd. 2.  [APPLICANTS LICENSED IN ANOTHER STATE.] The board 
shall issue a license to practice podiatric medicine to any 
person currently or formerly licensed to practice podiatric 
medicine in another state who satisfies the requirements of this 
section: 
    (a) The applicant shall satisfy the requirements 
established in subdivision 1.  
    (b) The applicant shall present evidence satisfactory to 
the board indicating the current status of a license to practice 
podiatric medicine issued by the proper agency in another state 
or country. 
    (c) The applicant must not have had a license revoked, 
engaged in conduct warranting disciplinary action against a 
licensee, or been subjected to disciplinary action, in another 
state.  If an applicant does not satisfy the requirements of 
this paragraph, the board may refuse to issue a license unless 
it determines that the public will be protected through issuance 
of a license with conditions or limitations the board considers 
appropriate.  
     (d) The applicant shall submit with the license application 
the following additional information for the five-year period 
preceding the date of filing of the application:  (1) the name 
and address of the applicant's professional liability insurer in 
the other state; and (2) the number, date, and disposition of 
any podiatric medical malpractice settlement or award made to 
the plaintiff relating to the quality of podiatric medical 
treatment. 
    Subd. 3.  [TEMPORARY PERMIT.] Upon payment of a fee and in 
accordance with the rules of the board, the board may issue a 
temporary permit to practice podiatric medicine to a podiatrist 
engaged in a clinical residency or preceptorship for a period 
not to exceed 12 months. 
    Sec. 6.  [153.17] [PRACTICING WITHOUT LICENSE; PENALTY.] 
    Subdivision 1.  [UNLAWFUL PRACTICE OF PODIATRIC 
MEDICINE.] It is unlawful for any person not holding a valid 
license or permit issued in accordance with this chapter to 
practice podiatric medicine as defined in section 153.01, 
subdivision 2, in this state.  
    Subd. 2.  [PRACTICE OF PODIATRIC MEDICINE DEFINED.] It is 
unlawful for any person not holding a valid license issued in 
accordance with this chapter to: 
    (1) advertise, hold out to the public, or represent in any 
manner that the person is authorized to practice podiatric 
medicine in this state;  
    (2) use in the conduct of any occupation or profession 
pertaining to the diagnosis or medical, mechanical, or surgical 
treatment of the ailments of the human hand, foot, ankle, or 
soft tissue of the lower leg distal to the tibial tuberosity, 
the designation "doctor of podiatric medicine," "podiatrist," 
"D.P.M.," "podiatric physician," "chiropodist," "foot 
specialist," or "foot doctor," or uses any title, degree, 
letter, syllable, word, or words that would tend to lead the 
public to believe that person was authorized to practice or 
assume duties incident to the practice of podiatric medicine. 
    Subd. 3.  [PENALTY.] Any person violating the provisions of 
subdivision 1 or 2 is guilty of a gross misdemeanor. 
    Sec. 7.  [153.18] [EXEMPTIONS.] 
    Section 6 does not apply to, control, prevent or restrict 
the practice, service, or activities of:  
    (1) a person who is a commissioned medical officer of, a 
member of, or employed by, the armed forces of the United 
States, the United States Public Health Service, the Veterans 
Administration, any federal institution or any federal agency 
while engaged in the performance of official duties within this 
state, if the person is licensed elsewhere;  
    (2) a person licensed by a health related licensing board, 
as defined in section 214.01, subdivision 2, or registered by 
the commissioner of health under section 214.13, if the person's 
professional activities are confined within the scope of the 
license;  
    (3) a Christian Scientist or other person who endeavors to 
prevent or cure disease or suffering exclusively by mental or 
spiritual means or by prayer. 
    Sec. 8.  [153.19] [GROUNDS FOR DISCIPLINARY ACTION.] 
    Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
grant a license or may impose disciplinary action as described 
in this section against any doctor of podiatric medicine.  The 
following conduct is prohibited and is grounds for disciplinary 
action: 
    (1) failure to demonstrate the qualifications or satisfy 
the requirements for a license contained in this chapter or 
rules of the board; the burden of proof shall be upon the 
applicant to demonstrate the qualifications or satisfaction of 
the requirements; 
    (2) obtaining a license by fraud or cheating, or attempting 
to subvert the licensing examination process. 
    (3) conviction, during the previous five years, of a felony 
reasonably related to the practice of podiatric medicine;  
    (4) revocation, suspension, restriction, limitation, or 
other disciplinary action against the person's podiatric medical 
license in another state or jurisdiction, failure to report to 
the board that charges regarding the person's license have been 
brought in another state or jurisdiction, or having been refused 
a license by any other state or jurisdiction;  
    (5) advertising that is false or misleading; 
    (6) violating a rule adopted by the board or an order of 
the board, a state, or federal law that relates to the practice 
of podiatric medicine, or in part regulates the practice of 
podiatric medicine, or a state or federal narcotics or 
controlled substance law; 
    (7) engaging in any unethical conduct; conduct likely to 
deceive, defraud, or harm the public, or demonstrating a willful 
or careless disregard for the health, welfare or safety of a 
patient; or podiatric medical practice that is professionally 
incompetent, in that it may create unnecessary danger to any 
patient's life, health, or safety, in any of which cases, proof 
of actual injury need not be established; 
    (8) failure to supervise a preceptor or resident; 
    (9) aiding or abetting an unlicensed person in the practice 
of podiatric medicine, except that it is not a violation of this 
clause for a podiatrist to employ, supervise, or delegate 
functions to a qualified person who may or may not be required 
to obtain a license or registration to provide health services 
if that person is practicing within the scope of that person's 
license or registration or delegated authority; 
    (10) adjudication as mentally incompetent, or mentally ill, 
or as a chemically dependent person, a person dangerous to the 
public, or a person who has a psychopathic personality by a 
court of competent jurisdiction, within or without this state; 
    (11) engaging in unprofessional conduct that includes any 
departure from or the failure to conform to the minimal 
standards of acceptable and prevailing podiatric medical 
practice, but actual injury to a patient need not be established;
    (12) inability to practice podiatric medicine with 
reasonable skill and safety to patients by reason of illness or 
chemical dependency or as a result of any mental or physical 
condition, including deterioration through the aging process or 
loss of motor skills; 
    (13) revealing a privileged communication from or relating 
to a patient except when otherwise required or permitted by law; 
    (14) improper management of medical records, including 
failure to maintain adequate medical records, to comply with a 
patient's request made under section 144.335 or to furnish a 
medical record or report required by law;  
    (15) accepting, paying, or promising to pay a part of a fee 
in exchange for patient referrals;  
    (16) engaging in abusive or fraudulent billing practices, 
including violations of the federal Medicare and Medicaid laws 
or state medical assistance laws;  
    (17) becoming addicted or habituated to a drug or 
intoxicant; 
    (18) prescribing a drug for other than medically accepted 
therapeutic or experimental or investigative purposes authorized 
by a state or federal agency;  
    (19) engaging in sexual conduct with a patient or conduct 
that may reasonably be interpreted by the patient as sexual, or 
in verbal behavior which is seductive or sexually demeaning to a 
patient;  
    (20) failure to make reports as required by section 13 or 
to cooperate with an investigation of the board as required by 
section 9. 
    Subd. 2.  [EVIDENCE.] In disciplinary actions alleging a 
violation of subdivision 1, clause (3) or (4), a copy of the 
judgment or proceeding under the seal of the court administrator 
or of the administrative agency that entered the same is 
admissible into evidence without further authentication and 
constitutes prima facie evidence of the contents of that 
judgment or proceeding.  
    Sec. 9.  [153.20] [PODIATRIST COOPERATION.] 
    A podiatrist who is the subject of an investigation by or 
on behalf of the board shall cooperate fully with the 
investigation.  Cooperation includes responding fully and 
promptly to any question raised by or on behalf of the board 
relating to the subject of the investigation and providing 
copies of patient medical records, as reasonably requested by 
the board, to assist the board in its investigation.  The board 
shall pay for copies requested.  If the board does not have a 
written consent from a patient permitting access to the 
patient's records, the podiatrist shall delete any data in the 
record that identifies the patient before providing it to the 
board.  The board shall maintain any records obtained under this 
section as investigative data under chapter 13. 
    Sec. 10.  [153.21] [MENTAL EXAMINATION; ACCESS TO MEDICAL 
DATA.] 
    Subdivision 1.  [SUBMISSION TO EXAMINATION.] If the board 
has probable cause to believe that a doctor of podiatric 
medicine falls within the provisions of section 8, subdivision 
1, clause (12), it may direct the doctor to submit to a mental 
or physical examination or chemical dependency evaluation.  For 
the purpose of this subdivision, a doctor of podiatric medicine 
licensed under this chapter is considered to have consented to 
submit to a mental or physical examination when directed in 
writing by the board and further to have waived all objections 
to the admissibility of the examiner's testimony or examination 
reports on the ground that the same constitute a privileged 
communication.  Failure of a podiatrist to submit to an 
examination when directed constitutes an admission of the 
allegations against the podiatrist, unless the failure was due 
to circumstance beyond the podiatrist's control, in which case a 
default and final order may be entered without the taking of 
testimony or presentation of evidence.  A podiatrist affected 
under this subdivision shall at reasonable intervals be given an 
opportunity to demonstrate that the podiatrist can resume the 
competent practice of podiatric medicine with reasonable skill 
and safety to patients.  In any proceeding under this 
subdivision, neither the record of proceedings nor the orders 
entered by the board shall be used against a podiatrist in any 
other proceeding.  
    Subd. 2.  [ACCESS TO MEDICAL DATA.] In addition to ordering 
a physical or mental examination or chemical dependency 
evaluation, the board may, notwithstanding section 13.42, 
144.651, or any other law limiting access to medical or other 
health data, obtain medical data and health records relating to 
a licensee or applicant without the licensee's or applicant's 
consent if the board has probable cause to believe that a doctor 
of podiatric medicine falls within the provisions of section 8, 
subdivision 1, clause (12).  The medical data may be requested 
from a provider, as defined in section 144.335, subdivision 1, 
paragraph (b), an insurance company, or a government agency, 
including the department of human services.  A provider, 
insurance company, or government agency shall comply with any 
written request of the board under this section and is not 
liable in any action for damages for releasing the data 
requested by the board if the data are released in accordance 
with a written request under this section, unless the 
information is false and the provider giving the information 
knew, or had reason to believe, the information was false. 
    Sec. 11.  [153.22] [FORMS OF DISCIPLINARY ACTION; DATES; 
AUTOMATIC SUSPENSION; REISSUANCE.] 
    Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
board finds, after notice and hearing, that a licensed doctor of 
podiatric medicine has violated a provision or provisions of 
this chapter, it may do one or more of the following:  
    (1) revoke the license;  
    (2) suspend the license;  
    (3) impose limitations or conditions on the podiatrist's 
practice of podiatric medicine; the imposition of retraining or 
rehabilitation requirements; the requirement of practice under 
supervision; or the conditioning of continued practice on 
demonstration of knowledge or skills by appropriate examination 
or other review of skill and competence;  
    (4) impose a civil penalty not exceeding $10,000 for each 
separate violation, the amount of the civil penalty to be fixed 
so as to deprive the podiatrist of any economic advantage gained 
by reason of the violation charged or to reimburse the board for 
the cost of the investigation and proceeding;  
    (5) order the podiatrist to provide unremunerated 
professional service under supervision at a designated public 
hospital, nursing home, clinic, or other health care 
institution; or 
    (6) censure or reprimand the licensed podiatrist. 
    Subd. 2.  [TEMPORARY SUSPENSION OF LICENSE.] In addition to 
any other remedy provided by law, the board may, without a 
hearing, temporarily suspend the license of a doctor of 
podiatric medicine if the board finds that the doctor has 
violated a statute or rule that the board is empowered to 
enforce and continued practice by the doctor would create a 
serious risk of harm to the public.  The suspension is effective 
upon written notice to the doctor, specifying the statute or 
rule violated.  The suspension remains in effect until the board 
issues a final order in the matter after a hearing.  At the time 
it issues the suspension notice, the board shall schedule a 
disciplinary hearing to be held under the contested case 
procedure of the administrative procedure act.  The doctor must 
be provided with at least 20 days notice of any hearing held 
under this subdivision.  The hearing must be scheduled to begin 
no later than 30 days after the issuance of the suspension order.
    Subd. 3.  [EFFECTIVE DATES.] A suspension, revocation, 
condition, limitation, qualification or restriction of a license 
is in effect pending determination of an appeal unless the 
court, upon petition and for good cause shown, otherwise orders. 
    Subd. 4.  [AUTOMATIC SUSPENSION.] A license to practice 
podiatric medicine is automatically suspended if (1) a guardian 
of the person of a licensee is appointed by order of a probate 
court under sections 525.54 to 525.612, for reasons other than 
the minority of the licensee; or (2) the licensee is committed 
by order of a probate court under chapter 253B or sections 
526.09 to 526.11.  The license remains suspended until the 
licensee is restored to capacity by a court and, upon petition 
by the licensee, the suspension is terminated by the board after 
a hearing.  
    Subd. 5.  [CONDITIONS ON REISSUED LICENSE.] In its 
discretion, the board may restore and reissue a license to 
practice podiatric medicine, but as a condition of the license 
may impose any disciplinary or corrective measure that it might 
originally have imposed.  
    Sec. 12.  [153.23] [DISCIPLINARY INVESTIGATION.] 
    Subdivision 1.  [MALPRACTICE COMPLAINTS.] Whenever the 
files maintained by the board show that a podiatric medical 
malpractice settlement or award to the plaintiff has been made 
against a podiatrist as reported by insurers, the executive 
director may initiate a complaint under section 214.10. 
    Subd. 2.  [ACCESS TO HOSPITAL RECORDS.] The board has 
access to hospital and medical records of a patient treated by 
the podiatrist under review if the patient signs a written 
consent permitting that access.  If no consent form has been 
signed, the hospital or podiatrist shall first delete data in 
the record that identifies the patient before providing it to 
the board.  
    Sec. 13.  [153.24] [REPORTING OBLIGATIONS.] 
    Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
knowledge of any conduct constituting grounds for discipline 
under this chapter may report the violation to the board.  
    Subd. 2.  [INSTITUTIONS.] Any hospital, clinic, prepaid 
medical plan, or other health care institution or organization 
located in this state shall report to the board any action taken 
by the institution or organization or any of its administrators 
or medical or other committees to revoke, suspend, restrict, or 
condition a podiatrist's privilege to practice or treat patients 
in the institution, or as part of the organization, any denial 
of privileges, or any other disciplinary action.  The 
institution or organization shall also report the resignation of 
any podiatrists before the conclusion of any disciplinary 
proceeding, or prior to the commencement of formal charges but 
after the podiatrist had knowledge that formal charges were 
contemplated or in preparation.  No report is required of a 
podiatrist voluntarily limiting his or her practice at a 
hospital if the podiatrist notifies all hospitals at which the 
podiatrist has privileges of the voluntary limitation and the 
reasons for it. 
    Subd. 3.  [LICENSED PROFESSIONALS.] A licensed health 
professional shall report to the board personal knowledge of any 
conduct that the professional reasonably believes constitutes 
grounds for disciplinary action under this chapter by any 
podiatrist, including any conduct showing that the podiatrist 
may be medically incompetent, or may have engaged in 
unprofessional conduct or may be medically or physically unable 
to engage safely in the practice of podiatric medicine. 
    Subd. 4.  [INSURERS.] Four times a year as prescribed by 
the board, each insurer authorized to sell insurance described 
in section 60A.06, subdivision 1, clause (13), and providing 
professional liability insurance to podiatrists shall submit to 
the board a report concerning the podiatrists against whom 
podiatric medical malpractice settlements or awards have been 
made to the plaintiff.  The report must contain at least the 
following information:  
    (1) the total number of podiatric malpractice settlements 
or awards made to the plaintiff;  
    (2) the date the podiatric malpractice settlements or 
awards to the plaintiff were made;  
    (3) the allegations contained in the claim or complaint 
leading to the settlements or awards made to the plaintiff;  
    (4) the dollar amount of each podiatric malpractice 
settlement or award;  
    (5) the regular address of the practice of the podiatrist 
against whom an award was made or with whom a settlement was 
made; and 
    (6) the name of the podiatrist against whom an award was 
made or with whom a settlement was made.  
    The insurance company shall, in addition to the foregoing 
information, report to the board any information it has that 
tends to substantiate a charge that a podiatrist may have 
engaged in conduct violating this chapter.  
    Subd. 5.  [COURTS.] The court administrators of the 
district courts or any other court of competent jurisdiction 
shall report to the board any judgment or other determination of 
the court that adjudges or includes a finding that a podiatrist 
is mentally ill, mentally incompetent, guilty of a felony, or 
guilty of a violation of federal or state narcotics laws or 
controlled substances act, guilty of an abuse or fraud under 
Medicare or Medicaid, appoints a guardian of the podiatrist 
under sections 525.54 to 525.61 or commits a podiatrist under 
chapter 253B or sections 526.09 to 526.11.  
    Subd. 6.  [SELF-REPORTING.] A podiatrist shall report to 
the board any personal action that would require that a report 
be filed with the board by any person, health care facility, 
business, or organization under subdivisions 2 to 5. 
    Subd. 7.  [DEADLINES; FORMS.] Reports required by 
subdivisions 2 to 6 must be submitted not later than 30 days 
after the occurrence of the reportable event or transaction.  
The board may provide forms for the submission of reports 
required by this section, may require that reports be submitted 
on the forms provided, and may adopt rules necessary to assure 
prompt and accurate reporting.  
    Sec. 14.  [153.25] [IMMUNITY.] 
    Subdivision 1.  [REPORTING.] Any person, health care 
facility, business, or organization is immune from civil 
liability or criminal prosecution for submitting a report to the 
board under section 13 or for otherwise reporting to the board 
violations or alleged violations of section 8. 
    Subd. 2.  [INVESTIGATION.] Members of the board and persons 
employed by the board or engaged in the investigation of 
violations and in the preparation and management of charges of 
violations of this chapter on behalf of the board are immune 
from civil liability and criminal prosecution for any actions, 
transactions, or publications in the execution of, or relating 
to, their duties under this chapter. 
    Sec. 15.  Minnesota Statutes 1986, section 214.01, 
subdivision 2, is amended to read: 
    Subd. 2.  "Health-related licensing board" means the board 
of examiners of nursing home administrators established pursuant 
to section 144A.19, the board of medical examiners created 
pursuant to section 147.01, the board of nursing created 
pursuant to section 148.181, the board of chiropractic examiners 
established pursuant to section 148.02, the board of optometry 
established pursuant to section 148.52, the board of psychology 
established pursuant to section 148.90, the board of dentistry 
established pursuant to section 150A.02, the board of pharmacy 
established pursuant to section 151.02, the board of podiatry 
podiatric medicine established pursuant to section 153.02, and 
the board of veterinary medicine, established pursuant to 
section 156.01. 
    Sec. 16.  Minnesota Statutes 1986, section 319A.02, 
subdivision 2, is amended to read: 
    Subd. 2.  "Professional service" means personal service 
rendered by a professional pursuant to a license or certificate 
issued by the state of Minnesota to practice medicine and 
surgery pursuant to sections 147.01 to 147.29, chiropractic 
pursuant to sections 148.01 to 148.101, nursing pursuant to 
sections 148.171 to 148.285, optometry pursuant to sections 
148.52 to 148.62, psychology pursuant to sections 148.88 to 
148.98, dentistry pursuant to sections 150A.01 to 150A.12, 
pharmacy pursuant to sections 151.01 to 151.40, podiatry 
podiatric medicine pursuant to sections 153.01 1 to 153.15 16, 
veterinary medicine pursuant to sections 156.001 to 156.14, 
architecture, engineering, surveying and landscape architecture 
pursuant to sections 326.02 to 326.15, accountancy pursuant to 
sections 326.17 to 326.23, or law pursuant to sections 481.01 to 
481.17, or pursuant to a license or certificate issued by 
another state pursuant to similar laws.  
    Sec. 17.  [REPEALER.] 
    Minnesota Statutes 1986, sections 153.01, subdivision 4; 
153.04; 153.05; 153.06; 153.07; 153.08; 153.09; 153.13; 153.14; 
and 153.15, are repealed. 
    Approved May 14, 1987