Types of Practices Included in CAP
Minnesota statute contains a partial list of the types of practices that are included in the statutory requirements for Unlicensed Complementary and Alternative Health Care Practice (CAP). Some of these are massage therapy, aromatherapy, acupressure, healing touch, Qi Gong energy healing, healing practices utilizing food, food supplements, nutrients and the physical forces of heat, cold, water, touch and light, detoxification therapy, herbalism, homeopathy and naturopathy. The statute is designed to cover all unlicensed complementary and alternative healing methods and treatments. For a full list, see: Minnesota Statutes, Chapter 146A.01 Definitions
Licensed by a city
I am licensed by a city and I have a certification issued by a private certifying organization. The statute covers unlicensed complementary and alternative health care practitioners. Am I exempt from the requirements?
No. Having a city-issued license or a private certification does not exempt you from these requirements. The term "unlicensed" is defined in the statute and means either 1) a person who is not licensed by a health-related licensing board in Minnesota or the Department of Health, or 2) a person who is licensed by a board other than podiatry, dentistry, chiropractic examiners, and medical practice and who does not hold themselves out as being licensed by a health-related licensing board while performing complementary or alternative health care. "Health-related licensing boards" are listed out in Minnesota Statutes, sec. 214.01, subd. 2. City licensing and private certifications are not included in the statutory definition of "health-related licensing board".
Licensed by a board
What if I am licensed by either the Board of Dentistry, Podiatry, Medical Practice or Chiropractic Examiners and I want to provide complementary or alternative health care?
Practitioners who are licensed by these Boards in Minnesota are under the jurisdiction of those Boards for their practices and should contact their Board if they are contemplating practicing complementary and alternative health care. Likewise, clients who have complaints against anyone licensed by these Boards should make a complaint with these offices, not MDH. Please find a list of these Boards for your reference at the end of these pages.
I am a licensed Nurse. What if I provide complementary and alternative health care?
Nurses licensed by the Board of Nursing are included within MDH's jurisdiction, if they engage in complementary and alternative health care and do not hold themselves out as being licensed by the Board of Nursing when providing the complementary and alternative health care practice. If nurses licensed by the Board of Nursing "hold themselves out" as such when conducting the complementary and alternative health care practice service, then they are subject to the Board of Nursing's jurisdiction. Clients with complaints can file a complaint with either the Board of Nursing or MDH and staff will decide which office has jurisdiction.
What is meant by "holding oneself out" as being a nurse licensed by the Board of Nursing?
Examples of acts which would be considered "holding oneself out" as being licensed by the Board of Nursing are telling clients that one is licensed by the Board of Nursing knowing that the client would rely on the licensed or registered status when accepting complementary and alternative health care services, using titles defined in the Nurse Practice Act while providing complementary and alternative health care services, or disclosing licensure or registered status on the client bill of rights.