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HomeMy WebLinkAbout2008-129 Council Resolution• Council Member o' Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-129 RESOLUTION CLARIFYING THE DEFINITION OF OFFICE BUSINESS - CLINIC, SPECIFICALLY ADDRESSING THE TERM `CHIROPRACTOR' AS USED WITHIN THE CITY OF LINO LAKE'S ZONING ORDINANCE WHEREAS, the State of Minnesota has revised its statutes to allow licensed chiropractors to accept both human and animal patients, and WHEREAS, the use `Office Business - Clinic' is defined by the zoning ordinance as: An establishment located within a building or portion of a building providing out - patient health services to patrons, including general medical clinics, mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians, and other uses of similar character. and WHERAS, the zoning ordinance does not further define the term `chiropractor, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes hereby clarifies that the term `chiropractor' as used with the Lino Lakes Zoning Ordinance includes the treatment of human patients as well as the treatment of domestic animals. Passed by the Lino Lakes City Council the of October 2008. ATTEST: `- Julie rtell, City lerk Adopted by the Lino Lakes City Council this 27th day of `0 fro 4tti 2008. John JBer_=so f ayor The motion for the adoption of the foregoing resolution was duly seconded by Council Member Stoltz and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Stoltz, Gallup, Reinert, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. 3 Animal Chiropractic Statute • S.F. No. 3683, 4th Engrossment - 85th Legislative Session (2007 -2008) Posted on May 08, 2008 Sec. 24. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read: Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10;_ (1) "chiropractic" is defined as the science of adjusting any abnormal articulations of the human body, especially those of the spinal column, for the purpose of giving freedom of action to impinged nerves that may cause pain or deranged function; and (2) "animal chiropractic diagnosis and treatment" means treatment that includes identifying and resolving vertebral subluxation complexes, spinal manipulation, and manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic diagnosis and treatment does not include: (i) performing surgery; (ii) dispensing or administering of medications; or (iii) performing traditional veterinary care and diagnosis. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision to read: Subd. la. Animal chiropractic practice. A licensed chiropractor may engage in the practice of animal chiropractic diagnosis and treatment if registered to do so by the board, and the animal has been referred to the chiropractor by a veterinarian. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision to read: Subd. lb. Scope of practice; animal chiropractic. Criteria for registration to engage in the practice of animal chiropractic diagnosis and treatment must be set by the board, and must include, but are not limited to: active chiropractic license; education and training in the field of animal chiropractic from an American Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or higher institution- approved course consisting of no less than 210 hours, meeting continuing education requirements; and other conditions and rules set by the board. The board shall consult with the State Board of Veterinary Medicine in. preparing proposed rules on animal chiropractic. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision to read: Subd. 1c. Titles. Notwithstanding the limitations established in section 156.12, subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to animals in accordance with this chapter and rules of the board may use the title "animal chiropractor." EFFECTIVE DATE. This section is effective the day following final enactment. Animal Chiropractic Statute S.F. No. 3683, 4th Engrossment B5th Legislative Session (2007 -2008) Posted on May 08, 2008 Page 1 of 3 • Sec. 28. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision to read: Subd. ld. Provisional interim statute. Upon approval by the board, a licensed chiropractor who has already taken and passed the education and training requirement set forth in subdivision lb may engage in the practice of animal chiropractic during the time that the rules are being promulgated by the board. Enforcement actions may not be taken against persons who have completed the approved program of study by the American Veterinary Chiropractic Association or the International Veterinary Chiropractic Association until the rules have been adopted by the board. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 29. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT NOTES. (a) The following educational criteria must be applied to any licensed chiropractor who requests registration in animal chiropractic diagnosis and treatment. The criteria must include education and training in the following subjects: (1) anatomy; (2) anatomy laboratory; (3) biomechanics and gait; (4) chiropractic educational basics; (5) animal chiropractic diversified adjusting technique, including: (i) lecture cervical; (ii) thoracic; (iii) lumbosacral: (iv) pelvic; and (v) extremity; (6) animal chiropractic diversified adjusting technique, including: (i) laboratory cervical; (ii) thoracic; (iii) lumbosacral; (iv) pelvic; and (v) extremity; (7) case management and case studies; (8) chiropractic philosophy; (9) ethics and legalities; (10) neurology, neuroanatomy, and neurological conditions; (11) pathology; (12) radiology; (13) research in current chiropractic and veterinary topics; (14) rehabilitation, current topics, evaluation, and assessment; (15) normal foot anatomy and normal foot care; (16) saddle fit and evaluation. lecture, and laboratory; (17) veterinary educational basics; (18) vertebral subluxation complex; and (19) zoonotic diseases. Animal Chiropractic Statute S.F. No. 3683, 4th Engrossment 85th Legislative Session (2007 -2008) Posted on May 08, 2008 Page 2 of 3 • f b) A licensed chiropractor requesting registration in animal chiropractic diagnosis and treatment must have completed and passed a course of study from an American Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or higher institution- approved program, consisting of no less than 210 hours of education and training as set forth in paragraph (a). f c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis and treatment must maintain complete and accurate records and patient files in the chiropractor's office for at least three years. f d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis and treatment must make treatment notes and records available to the patient's owner upon request and must communicate their findings and treatment plan with the referring veterinarian if requested by the patient's owner. (e) A licensed chiropractor who treats both animal and human patients in the same facility must post a conspicuous sign in the reception area of that facility informing customers that nonhuman patients are treated on the premises. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 30. [148.0331 ANIMAL CHIROPRACTIC CONTINUING EDUCATION HOURS. Any chiropractor engaged in the practice of animal chiropractic diagnosis and treatment applying for renewal of a registration related to animal chiropractic diagnosis and treatment must have completed a minimum of six hours annually of continuing education in animal chiropractic diagnosis and treatment, in addition to the required 20 hours annually of continuing education in human chiropractic under this chapter. The continuing education course attended for purposes of complying with this section must be approved by the board prior to attendance by the chiropractor. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 31. [148.0351 SEPARATE TREATMENT ROOM REOUIRED. A licensed chiropractor who provides animal chiropractic treatment in the same facility where human patients are treated, shall maintain a separate noncarpeted room for the purpose of adjusting animals. The table and equipment used for animals shall not be used for human patients. EFFECTIVE DATE. This section is effective the day following fmal enactment. Animal Chiropractic Statute S.F. No. 3683, 4th Engrossment 85th Legislative Session (2007-2008) Posted on May 08, 2008 Page 3 of 3 • • • AGENDA ITEM 6.A. STAFF ORIGINATOR: Paul Bengtson C.C. MEETING DATE: October 27, 2008 TOPIC: Consideration of Resolution No. 08 -129 Clarifying the definition of Office Business — Clinic, specifically the use of the word `Chiropractor'. VOTE REQUIRED: Simple Majority BACKGROUND The State of Minnesota recently adopted a revision to state statutes to allow chiropractors to practice upon animals, if certain requirements were met. Previously only licensed veterinarians were allowed to do such work. The State Statute that was adopted is attached. It leaves much of the regulation of the use to the licensing board. The Minnesota state chiropractic board requires the following for treating animals: • Must register with the chiropractic board • Must have completed an approved course of at least 210 hours • Must have a referral from a Veterinarian • Must have a separate treatment room • Must complete 6 additional hours of continuing education in this subject every year The state board currently lists 5 licensed (non - veterinarian) animal chiropractors, two are located in Minneapolis, and the others are located in Roseville, Plymouth, and Lino Lakes. The animal chiropractor located in Lino Lakes has been operating a human chiropractic clinic out of the Rice Lake Professional Office Building (EG Rud Building) located at 6776 Lake Drive. This site is located in a GB (General Business) zoning district, which allows `Office Business - Clinic' as a permitted use. They would now like to expand their business to include animal patients. ANALYSIS Currently, any chiropractic care allowed in Lino Lakes is allowed within the Office Business — Clinic definition: An establishment located within a building or portion of a building providing out - patient health services to patrons, including general medical clinics, mental health providers, chiropractor, dentists, orthodontia, oral surgeons, opticians, and other uses of similar character. Considering the term `chiropractor' is not further defined by the zoning ordinance, and the `Office Business - Clinic' definition uses the word `patrons', staff originally determined that it implied human customers. While researching the issue, all cities with licensed animal chiropractors were contacted and none have specifically amended their codes to address the issue, as their definitions of chiropractor didn't specify human versus animal patients. 1 • • • RECOMENDATION On October 8, 2008 the Planning and Zoning Board voted to recommend the City Council adopt a resolution clarifying that the term `Chiropractor' to include the treatment of both human and domestic animal patients. Staff has drafted Resolution Number 08 -129, and recommends its adoption. Attachments: 1. Resolution No. 08 -129 2. State Statute