HF 1503

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:24am

A bill for an act
relating to health occupations; providing registration for massage therapists;
amending Minnesota Statutes 2008, section 116J.70, subdivision 2a; proposing
coding for new law in Minnesota Statutes, chapters 148; 325F; repealing
Minnesota Rules, part 2500.5000.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

MASSAGE THERAPY REGISTRATION

Section 1.

new text begin [148.981] CITATION.
new text end

new text begin Sections 148.981 to 148.989 may be cited as the "Minnesota Massage Therapy Act."
new text end

Sec. 2.

new text begin [148.982] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Advertise. new text end

new text begin "Advertise" means to publish, display, or disseminate
information, and includes, but is not limited to, the issuance of any card, sign, direct mail,
Internet posting or the causing or permitting in one's name for any sign or marking on or in
a building, vehicle, or structure or in a newspaper, magazine, any listing in any directory
under a classification or heading that includes the words "massage," "massage therapist,"
"therapeutic massage," or "massage therapeutic," or commercials broadcast by any means.
new text end

new text begin Subd. 3. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Registered Massage
Therapist Advisory Council established under section 148.9861.
new text end

new text begin Subd. 4. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual applying for massage therapy
registration or registration renewal.
new text end

new text begin Subd. 5. new text end

new text begin Approved continuing education program. new text end

new text begin "Approved continuing
education program" means a continuing education program that meets the continuing
education requirements in section 148.9881 and is approved by the board.
new text end

new text begin Subd. 6. new text end

new text begin Approved massage therapy program. new text end

new text begin "Approved massage therapy
program" means a university, college, or other postsecondary education program leading
to eligibility for state registration in massage therapy that meets the requirements of
section 148.988.
new text end

new text begin Subd. 7. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Board of Nursing.
new text end

new text begin Subd. 8. new text end

new text begin Client. new text end

new text begin "Client" means a recipient of massage therapy services.
new text end

new text begin Subd. 9. new text end

new text begin Contact hour. new text end

new text begin "Contact hour" means an instructional session of at least
50 consecutive minutes, excluding coffee breaks, registration, meals without a speaker,
and social activities.
new text end

new text begin Subd. 10. new text end

new text begin Credential. new text end

new text begin "Credential" means a license, registration, or certification.
new text end

new text begin Subd. 11. new text end

new text begin Competency exam. new text end

new text begin "Competency exam" means a massage therapy
competency assessment that is approved by the board and is psychometrically valid, based
on a job task analysis, and administered by a national testing organization.
new text end

new text begin Subd. 12. new text end

new text begin Health care provider. new text end

new text begin "Health care provider" means a person who is
credentialed to practice the following: medicine as defined in section 147.081, chiropractic
as defined in section 148.01, podiatry as defined in section 153.01, dentistry as defined in
section 150A.05, physical therapy as defined in section 148.65, advanced practice nursing
as defined in section 148.171, or other state-credentialed providers.
new text end

new text begin Subd. 13. new text end

new text begin Massage or massage therapy. new text end

new text begin "Massage" or "massage therapy" means
a health care service involving systematic and structured touch and palpation, pressure
and movement of the muscles, tendons, ligaments, and fascia, in order to reduce muscle
tension, relieve soft tissue pain, improve circulation, increase flexibility, increase activity
of the parasympathetic branch of the autonomic nervous system, or to promote general
wellness, by use of the techniques and applications described in section 148.983.
new text end

new text begin Subd. 14. new text end

new text begin Massage therapist. new text end

new text begin "Massage therapist" means a health care professional
registered under this chapter for the practice of massage therapy.
new text end

new text begin Subd. 15. new text end

new text begin Municipality. new text end

new text begin "Municipality" means a county, town, city, or other
municipal corporation or political subdivision of this state.
new text end

new text begin Subd. 16. new text end

new text begin Physical agent modality. new text end

new text begin "Physical agent modality" means modalities
that use the properties of light, water, temperature, sound, and electricity to produce
a response in soft tissue.
new text end

new text begin Subd. 17. new text end

new text begin Practice of massage therapy. new text end

new text begin "Practice of massage therapy" means
to engage professionally for compensation or as a volunteer in massage therapy or the
instruction of professional technique coursework.
new text end

new text begin Subd. 18. new text end

new text begin Professional organization. new text end

new text begin "Professional organization" means an
organization that represents massage therapists, was established before the year 2000,
offers professional liability insurance as a benefit of membership, has an established code
of professional ethics, and is board-approved.
new text end

new text begin Subd. 19. new text end

new text begin State. new text end

new text begin "State" means any state in the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, Guam, Canadian province, or
foreign country, except "this state" means the state of Minnesota.
new text end

Sec. 3.

new text begin [148.983] MASSAGE THERAPY.
new text end

new text begin (a) The practice of massage therapy by a registered massage therapist includes
the following:
new text end

new text begin (1) use of any or all of the following techniques using the hands, forearms, or
elbows or handheld mechanical or electrical devices that mimic or enhance the actions of
the human hands: effleurage or gliding; petrissage or kneading; vibration and jostling;
friction; tapotement or percussion; compression; fascial manipulation; passive stretching
within the normal anatomical range of motion; and
new text end

new text begin (2) application and use of any of the following: oils, lotions, gels, rubbing alcohol,
or powders for the purpose of lubricating skin to be massaged; essential oils, or creams,
with the exception of prescription-requiring medicinal creams; hot or cold stones; salt
glows and wraps; and ice.
new text end

new text begin (b) The practice of massage therapy does not include any of the following:
new text end

new text begin (i) diagnosing any illness or disease; or
new text end

new text begin (ii) changing recommendations of a state-credentialed health care provider without
consulting that health care provider prior to altering a course of recommended massage
therapy;
new text end

new text begin (2) prescription of drugs or medicines;
new text end

new text begin (3) intentional adjusting, manipulating, or mobilizing any articulations of the body
or spine, including by means of a high velocity, low amplitude thrusting force or as
described in section 146.23 or 148.01; or
new text end

new text begin (4) application of physical agent modalities, injection therapy, or moxabustion.
new text end

Sec. 4.

new text begin [148.984] LIMITATIONS ON PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Referrals. new text end

new text begin If a medical condition is beyond the scope of practice
established by this chapter or by rules of the board for a registered massage therapist, the
massage therapist must refer the client to a health care provider as defined in this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited from practicing. new text end

new text begin A person whose registration under this
chapter has been restricted, revoked, or application denied by the board, is restricted from
practicing massage therapy in this state, up to and including being prohibited from practice.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A person who violates this section and section 148.983 is guilty
of a misdemeanor and subject to section 214.11.
new text end

Sec. 5.

new text begin [148.985] PROTECTED TITLES AND RESTRICTIONS ON USE.
new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin An individual regulated by this chapter is designated as
a "registered massage therapist" or "RMT."
new text end

new text begin Subd. 2. new text end

new text begin Title protection. new text end

new text begin No individual may use the title "registered massage
therapist," or use, in connection with the individual's name, the letters "RMT," or any other
titles, words, letters, abbreviations, or insignia indicating or implying that the individual is
registered or eligible for registration by this state as a registered massage therapist unless
the individual has been registered as a massage therapist according to this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Identification of practitioners. new text end

new text begin (a) A massage therapist registered in
Minnesota shall be identified as a "registered massage therapist." If not written in full, this
must be designated as RMT. A student attending a massage therapy training program and
providing massage therapy services to the public as part of the student's training must be
identified as a "Student Massage Therapist." This abbreviated designation is "Student MT."
new text end

new text begin (b) The board may adopt rules for the implementation of this section, including
the identification of terms or references that may be used only by registered massage
therapists as necessary to protect the public.
new text end

new text begin (c) A practitioner who is credentialed by another state, or who holds certification
from organizations, agencies, or educational providers is not prohibited from using those
terms, letters, or any figures, signs, or insignia to indicate that credential in advertising,
provided the state and the credentialing body are clearly identified in the advertisement.
new text end

new text begin (d) A practitioner who is licensed in another state may advertise as being a licensed
practitioner provided the state and the licensing agency are clearly identified in the
advertisement.
new text end

new text begin Subd. 4. new text end

new text begin Other health care providers. new text end

new text begin Nothing in this chapter may be construed to
prohibit, nor restrict the practice of, nor require massage therapy registration of any of
the following:
new text end

new text begin (1) a person holding a credential granted by this state, who utilizes massage therapy
techniques within the scope of that credential, provided the practitioner does not imply
that they are registered under this chapter; or
new text end

new text begin (2) the natural health procedures, practices, and treatments in section 146A.01,
subdivision 4, provided that those services are not advertised, designated, or implied to
be from a registered massage therapist or other terms or abbreviations protected under
this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a misdemeanor and
subject to section 214.11.
new text end

Sec. 6.

new text begin [148.986] POWERS OF BOARD.
new text end

new text begin The board, acting with the advice of the Registered Massage Therapist Advisory
Council, shall issue registrations to duly qualified applicants and shall exercise the
following powers and duties:
new text end

new text begin (1) adopt rules necessary to effect the provisions of sections 148.982 to 148.989;
new text end

new text begin (2) conduct a competency exam that an applicant may use as the basis for
establishing competence to be registered under section 148.987;
new text end

new text begin (3) cause the prosecution of all registrants or applicants for violating sections
148.982 to 148.989 and have power to incur any associated expense;
new text end

new text begin (4) impose discipline as described in section 148.9884;
new text end

new text begin (5) maintain a record of names and addresses of massage therapists registered by
this chapter;
new text end

new text begin (6) keep a permanent record of all its proceedings; and
new text end

new text begin (7) employ and establish the duties of personnel necessary to carry on its work.
new text end

Sec. 7.

new text begin [148.9861] REGISTERED MASSAGE THERAPIST ADVISORY
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) The Registered Massage Therapist
Advisory Council is created and is composed of seven members appointed by the board.
All members must have been residents of this state for at least three years prior to
appointment. The advisory council consists of:
new text end

new text begin (1) three public members, as defined in section 214.02; and
new text end

new text begin (2) four members who, except for initial appointees, are registered massage
therapists.
new text end

new text begin (b) Initial appointees shall possess the qualifications necessary to become registered
massage therapists and must do so as soon as applications for registration are available. A
person may not be appointed to serve more than two consecutive full terms.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The advisory council shall be organized and administered
under section 15.059. The council shall not expire.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory council shall advise the board regarding:
new text end

new text begin (1) standards of practice and a code of ethics for registered massage therapists;
new text end

new text begin (2) distribution of information regarding massage therapist standards;
new text end

new text begin (3) enforcement of sections 148.982 to 148.989;
new text end

new text begin (4) applications and make recommendations of applicants for registration or
registration renewal;
new text end

new text begin (5) complaints and recommendations regarding disciplinary matters and proceedings
according to sections 214.10, 214.103, and 214.13, subdivisions 6 and 7;
new text end

new text begin (6) competency exams and approval of continuing education programs; and
new text end

new text begin (7) perform other duties authorized for advisory councils under chapter 214, or
as directed by the board.
new text end

Sec. 8.

new text begin [148.987] REGISTRATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Registration. new text end

new text begin To be eligible for registration under this chapter,
an applicant must:
new text end

new text begin (1) pay fees under section 148.989;
new text end

new text begin (2) submit to procedures specified by the board for obtaining a criminal background
check. The applicant shall pay fees associated with obtaining the criminal background
check. The background check shall include records of the Minnesota Bureau of Criminal
Apprehension and the Federal Bureau of Investigation and the results shall be forwarded
directly to the board; and
new text end

new text begin (3) file a written application on a form provided by the board that includes:
new text end

new text begin (i) the applicant's name, Social Security number, home address and telephone
number, business address and telephone number, and business setting;
new text end

new text begin (ii) provide proof, as required by the board, of:
new text end

new text begin (A) having obtained a high school diploma or its equivalent;
new text end

new text begin (B) being 18 years of age or older;
new text end

new text begin (C) current cardiopulmonary resuscitation and first aid certification; and
new text end

new text begin (D) current professional liability insurance coverage, with a minimum of $1,000,000
of coverage per occurrence;
new text end

new text begin (iii) unless registered under subdivision 3 or 4, evidence satisfactory to the board of
the successful completion of an approved education program;
new text end

new text begin (iv) unless registered under subdivision 3 or 4, evidence satisfactory to the board of
having passed a board-approved competency exam;
new text end

new text begin (v) a description of any continuing education programming in which the applicant
claims or advertises competence;
new text end

new text begin (vi) a list of credentials or memberships held in other states or from private
credentialing or professional organizations;
new text end

new text begin (vii) a description of any other state or municipality's refusal to credential the
applicant;
new text end

new text begin (viii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction;
new text end

new text begin (ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
new text end

new text begin (x) additional information as requested by the board;
new text end

new text begin (xi) the applicant's signature on a statement that the information in the application is
true and correct to the best of the applicant's knowledge; and
new text end

new text begin (xii) the applicant's signature on a waiver authorizing the board to obtain access to
the applicant's records in this state or any other state in which the applicant has completed
an education program approved by the board or engaged in the practice of massage therapy.
new text end

new text begin Subd. 2. new text end

new text begin Registration prohibited. new text end

new text begin The board may deny an application for
registration if the applicant:
new text end

new text begin (1) has been convicted in this state of any of the following crimes, or in another
state of equivalent crimes:
new text end

new text begin (i) prostitution as defined under section 609.321, 609.324, and 609.3242;
new text end

new text begin (ii) sexual attack as defined under section 611A.21;
new text end

new text begin (iii) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or
new text end

new text begin (iv) is a registered sex offender under section 243.166;
new text end

new text begin (2) has had the ability to practice the natural health procedures, practices, and
treatments in chapter 146A revoked, suspended, or limited with conditions under the
provisions of chapter 146A, if the board determines the denial is necessary to protect
the public; or
new text end

new text begin (3) is charged or under investigation for complaints that would constitute a violation
of the laws or rules established for the practice of massage therapy in this or any other
state, the applicant shall not be registered until the complaints have been resolved in the
applicant's favor. If a complaint is resolved in favor of the complainant, the application
for registration may be denied.
new text end

new text begin Subd. 3. new text end

new text begin Registration by endorsement. new text end

new text begin (a) To be eligible for registration by
endorsement, the applicant shall:
new text end

new text begin (1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3),
items (i), (ii), and (v) to (xii); and
new text end

new text begin (2) provide proof of a current and unrestricted credential for the practice of massage
therapy in another state that has credentialing requirements at least equivalent to the
requirements under this chapter. Proof shall include records as required by rules of the
board.
new text end

new text begin (b) In the event that a disciplinary proceeding or unresolved complaint is pending
for a complaint regarding an action of the applicant that would constitute a violation
of sections 148.982 to 148.989, or rules adopted by the board, the applicant shall not
be registered in this state until the proceeding or complaint has been resolved in the
applicant's favor. If a complaint is resolved in favor of the complainant, the application for
licensure may be denied.
new text end

new text begin (c) Registrations issued by endorsement shall expire on the same schedule and be
renewed by the same procedures as registrations issued under subdivision 1.
new text end

new text begin (d) An applicant for registration by endorsement may apply to the board for a
temporary permit under subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Registration by grandfathering. new text end

new text begin (a) To be eligible for registration by
grandfathering, the applicant shall:
new text end

new text begin (1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3),
items (i), (ii), and (v) to (xii); and
new text end

new text begin (2) provide proof specified by the board demonstrating the applicant has met at
least one of the following qualifications:
new text end

new text begin (i) successful completion of at least 500 hours of supervised classroom and hands-on
instruction relating to massage therapy which may be established by an official transcript,
certificate of completion, or other record as approved by the board;
new text end

new text begin (ii) successful completion of one of the board-approved competency exams which
shall be established by submitting records as required by the board;
new text end

new text begin (iii) employment for at least the previous two years prior to the effective date of
sections 148.981 to 148.989 in the practice of massage therapy which shall be established
by Internal Revenue Service income tax return forms, business records, or other records as
approved by the board; or
new text end

new text begin (iv) active membership in a professional organization for at least two years prior to
the effective date of sections 148.981 to 148.989 which shall be established by a letter
verifying the applicant's initial membership date and current standing sent directly to the
board from the professional organization, or other records as approved by the board.
new text end

new text begin (b) Registrations issued by grandfathering shall expire on the same schedule and be
renewed by the same procedures as registrations issued under subdivision 1.
new text end

new text begin (c) Registration by grandfathering is effective for one year after the first date the
board has made applications available.
new text end

new text begin (d) An applicant for registration by grandfathering may apply to the board for a
temporary permit under subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Temporary permit. new text end

new text begin The board may issue a temporary permit to practice
as a registered massage therapist to an applicant eligible for registration under this section
if the application for registration is complete, all applicable requirements in this section
have been met, and the fee required in section 148.989 has been paid. The temporary
permit is valid until the board makes a decision on the massage therapist's application
for registration.
new text end

Sec. 9.

new text begin [148.9871] EXPIRATION AND RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Registration expiration. new text end

new text begin Registrations issued under section 148.987
expire annually.
new text end

new text begin Subd. 2. new text end

new text begin Renewal. new text end

new text begin To be eligible for registration renewal a registrant must:
new text end

new text begin (1) annually, or as determined by the board, complete a renewal application on a
form provided by the board;
new text end

new text begin (2) submit the renewal fee;
new text end

new text begin (3) provide evidence every two years of a total of 12 contact hours of approved
continuing education in section 148.9881; and
new text end

new text begin (4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.
new text end

new text begin Subd. 3. new text end

new text begin Change of address. new text end

new text begin A registrant who changes addresses must inform
the board within 30 days, in writing, of the change of address. Notices or other
correspondence mailed to or served on a registrant at the registrant's current address on
file shall be considered received by the registrant.
new text end

new text begin Subd. 4. new text end

new text begin Registration renewal notice. new text end

new text begin At least 60 days before the registration
renewal date, the board shall send out a renewal notice to the last known address of the
registrant on file. The notice must include a renewal application and a notice of fees
required for renewal. The notice must inform the registrant that registration will expire
without further action by the board if an application for registration renewal is not received
before the deadline for renewal. The registrant's failure to receive this notice shall not
relieve the registrant of the obligation to meet the deadline and other requirements
for registration renewal. Failure to receive this notice is not grounds for challenging
expiration of registered status.
new text end

new text begin Subd. 5. new text end

new text begin Renewal deadline. new text end

new text begin The renewal application and fee must be postmarked
on or before October 1 of the year of renewal or as determined by the board. If the
postmark is illegible, the application shall be considered timely if received by the third
working day after the deadline.
new text end

new text begin Subd. 6. new text end

new text begin Inactive status and return to active status. new text end

new text begin (a) A registration may be
placed in inactive status upon application to the board by the registrant and upon payment
of an inactive status fee.
new text end

new text begin (b) A registrant seeking restoration to active from inactive status must pay the
current renewal fees and all unpaid back inactive fees. The registrant must meet the
criteria for renewal specified in subdivision 7, including continuing education hours
equivalent to one hour for each month of inactive status, prior to submitting an application
to regain registered status. If the inactive status extends beyond five years, a qualifying
score on a competency exam is required.
new text end

new text begin Subd. 7. new text end

new text begin Registration following lapse of registration status for two years or less.
new text end

new text begin For an individual whose registration status has lapsed for two years or less, to regain
registration status, the individual must:
new text end

new text begin (1) apply for registration renewal according to subdivision 2;
new text end

new text begin (2) document compliance with the continuing education requirements in section
148.9881 since the registrant's initial registration or last renewal; and
new text end

new text begin (3) submit the fees required in section 148.989 for the period not registered,
including the fee for late renewal.
new text end

new text begin Subd. 8. new text end

new text begin Cancellation due to nonrenewal. new text end

new text begin The board shall not renew, reissue,
reinstate, or restore a registration that has lapsed and has not been renewed within two
years. A registrant whose registration is canceled for nonrenewal must obtain a new
registration by applying for registration and fulfilling all requirements then in existence
for initial registration as a massage therapist.
new text end

new text begin Subd. 9. new text end

new text begin Cancellation of registration in good standing. new text end

new text begin (a) A registrant holding
active registration as a massage therapist in this state may, upon approval of the board, be
granted registration cancellation if the board is not investigating the person as a result of a
complaint or information received or if the board has not begun disciplinary proceedings
against the registrant. This action by the board shall be reported as a cancellation of
registration in good standing.
new text end

new text begin (b) A registrant who receives board approval for registration cancellation is not
entitled to a refund of any registration fees paid for the registration period in which
cancellation of the registration occurred.
new text end

new text begin (c) To obtain registration after cancellation, a registrant must obtain a new
registration by applying for registration and fulfilling the requirements then in existence
for obtaining initial registration as a massage therapist.
new text end

Sec. 10.

new text begin [148.988] MASSAGE THERAPY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Initial approval. new text end

new text begin An institution desiring to conduct a massage
therapy program from which graduates will be eligible for registration under section
148.987 shall apply to the board, pay fees under section 148.989, and submit evidence
that the institution is:
new text end

new text begin (1) teaching or prepared to teach a program of at least 500 contact hours of combined
massage therapy theory and practice training;
new text end

new text begin (2) licensed by the Minnesota Office of Higher Education or equivalent agency in
another state;
new text end

new text begin (3) accredited by an agency recognized by the United States Secretary of Education
for accrediting such programs or institutions:
new text end

new text begin (i) schools without accreditation must meet the requirements of clauses (1) and
(2), must be in the accreditation application process, and must gain accreditation within
two years of the effective date of sections 148.981 to 148.989 or within two years of
commencing operations as a massage therapy program, whichever is later; and
new text end

new text begin (ii) an applicant for registration who graduates from a program prior to the program
becoming accredited must pass an approved competency exam; and
new text end

new text begin (4) prepared to meet other standards established by law and by the board.
new text end

new text begin Subd. 2. new text end

new text begin Continuing approval. new text end

new text begin An approved program shall annually make
application to continue approval based on the conditions of subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Loss of approval. new text end

new text begin If the board determines that an approved massage
therapy program is not maintaining the standards required by applicable law and rules,
notice in writing specifying the defect shall be given to the program. If a program fails to
correct these conditions to the satisfaction of the board within a reasonable time set in
the notice of defect, approval of the program may be revoked and the program shall be
removed from the list of approved massage therapy programs.
new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of approval. new text end

new text begin The board may reinstate approval of a
massage therapy program upon submission of satisfactory evidence that its program of
theory and practice, state licensure, and accreditation meets the standards required by law
and rules then in effect.
new text end

Sec. 11.

new text begin [148.9881] CONTINUING EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Number of required contact hours. new text end

new text begin A registered massage therapist
shall complete during every two-year period at least the equivalent of 12 contact hours of
continuing education in programs approved by the board.
new text end

new text begin Subd. 2. new text end

new text begin Approved programs. new text end

new text begin The board may approve continuing education
programs that have been taught, sponsored, or approved by:
new text end

new text begin (1) an approved credentialing or professional organization;
new text end

new text begin (2) state licensed health care facility;
new text end

new text begin (3) an accredited college or university; or
new text end

new text begin (4) a board-approved school.
new text end

new text begin Subd. 3. new text end

new text begin Approval of continuing education programs. new text end

new text begin The board may also
approve continuing education programs that do not meet the requirements of subdivision 2
but pay fees under section 148.989 and meet all of the following criteria:
new text end

new text begin (1) the program content directly relates to the practice of massage therapy;
new text end

new text begin (2) each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable experience in
the field of massage therapy, special training in the subject matter, or experience teaching
in the subject area;
new text end

new text begin (3) the program lasts at least 50 minutes per contact hour;
new text end

new text begin (4) there are specific, measurable, written objectives, consistent with the program,
describing the expected outcomes for the participants; and
new text end

new text begin (5) the program sponsor has a mechanism to verify participation and maintains
attendance records for three years.
new text end

new text begin Subd. 4. new text end

new text begin Accumulation of contact hours. new text end

new text begin A registrant may not apply contact hours
acquired in one two-year reporting period to a future continuing education reporting
period.
new text end

new text begin Subd. 5. new text end

new text begin Verification of continuing education. new text end

new text begin The board shall periodically select
a random sample of registrants and require those registrants to supply the board with
evidence of having completed the continuing education to which they attested.
new text end

new text begin Subd. 6. new text end

new text begin Continuing education topics. new text end

new text begin Continuing education program topics may
include, but are not limited to, techniques, modalities, and theory directly relating to
the practice of massage therapy, business practices, pathology, prevention of spreading
disease and medical errors, treatment contraindications, anatomy and physiology, areas of
professional ethics, research literacy, or other coursework as approved by the board.
new text end

new text begin Subd. 7. new text end

new text begin Continuing education exemptions. new text end

new text begin The board may exempt any person
holding a registration under section 148.987 from some or all of the requirements of
subdivision 1 upon application showing evidence satisfactory to the board of inability to
comply with the requirements because of physical or mental condition or because of other
unusual or extenuating circumstances. No person may be exempted from the requirements
of subdivision 1 more than once in any five-year period.
new text end

Sec. 12.

new text begin [148.9882] BOARD ACTION ON APPLICATIONS.
new text end

new text begin (a) The board shall act on each application for registration according to paragraphs
(b) to (d).
new text end

new text begin (b) The board or advisory council shall determine if the applicant meets the
requirements for registration or renewal under sections 148.987 and 148.9871. The board
or advisory council may investigate information provided by an applicant to determine
whether the information is accurate and complete, including requesting additional
information or documentation.
new text end

new text begin (c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying registration if registration is denied, and the applicant's right
to review under paragraph (d).
new text end

new text begin (d) An applicant denied registration may make a written request to the board, within
30 days of the board's notice, to appear before the advisory council and for the advisory
council to review the board's decision to deny the applicant's registration. After reviewing
the denial, the advisory council shall make a recommendation to the board as to whether
the denial shall be affirmed. An applicant is allowed only one request for review per
registration period.
new text end

Sec. 13.

new text begin [148.9883] GROUNDS FOR DISCIPLINARY ACTION;
MALTREATMENT OF MINORS.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds listed. new text end

new text begin The board may deny, revoke, suspend, limit, or
condition the registration of a massage therapist registered or applying for registration
as a massage therapist or may otherwise discipline a registrant as described in section
148.9884. The fact that massage therapy may be a less customary approach to health care
shall not constitute the basis for disciplinary action per se. The following are grounds for
disciplinary action:
new text end

new text begin (1) failure to demonstrate the qualifications or satisfy the requirements for
registration as a massage therapist contained in sections 148.982 to 148.989, or rules of
the board. A person applying for registration has the burden of demonstrating the required
qualifications or satisfy the requirements;
new text end

new text begin (2) engaging in false, fraudulent, deceptive, or misleading advertising, including,
but not limited to:
new text end

new text begin (i) advertising, representing, or presenting as a "Registered Massage Therapist" or
any abbreviation or derivative of this to indicate this title, when the registration is not
valid or current for any reason;
new text end

new text begin (ii) advertising, representing, or presenting as a "Licensed Massage Therapist" or
any abbreviation or derivative of this to indicate this title, unless the practitioner currently
holds a valid state license in another state and clearly indicates what state the credential
is held in;
new text end

new text begin (iii) advertising to offer a service that would constitute a violation of sections
148.981 to 148.989 or rules adopted by the board shall be considered grounds for
discipline, regardless of whether actual injury to a client is established; and
new text end

new text begin (iv) using fraud, deceit, or misrepresentation when communicating with the general
public, health care providers, or other business professionals;
new text end

new text begin (3) falsified information in a massage therapy registration or renewal application
or attempting to obtain registration, registration renewal, or reinstatement by fraud,
deception, or misrepresentation, or aided and abetted any of these acts;
new text end

new text begin (4) engaging in conduct with a client that is sexual or may reasonably be interpreted
by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a client, or engaging in sexual exploitation of a client, without regard to who initiates
the behaviors;
new text end

new text begin (5) failure to refer a client to a general health care provider when the services
required by the client are beyond the level of competence of the massage therapist or
beyond the scope of practice of massage therapy in section 148.983;
new text end

new text begin (6) committing an act of gross malpractice, negligence, or incompetency, or failing
to practice massage therapy with the level of care, skill, and treatment that is recognized
by a reasonably prudent massage therapist as being acceptable under similar conditions
and circumstances, regardless of whether actual injury to the client occurs;
new text end

new text begin (7) actual or potential inability to practice massage therapy with reasonable skill
and safety to clients by reason of illness, as a result of any mental or physical condition,
or use of alcohol, drugs, chemicals, or any other material, regardless of whether actual
injury to the client occurs;
new text end

new text begin (8) being adjudicated as mentally incompetent, mentally ill, a chemically dependent
person, or a person dangerous to the public by a court of competent jurisdiction, within
or without this state may be considered as evidence of the inability to practice massage
therapy;
new text end

new text begin (9) being the subject of disciplinary action as a massage therapist by another state or
jurisdiction and the board or advisory council determines that the cause of the disciplinary
action would be a violation under this state's laws or rules if the violation occurred in
this state;
new text end

new text begin (10) failure to notify the board of having had a credential revoked, suspended,
or any other disciplinary action taken including restrictions on the right to practice, or
an application for credential refused, revoked, suspended, or otherwise disciplined by
authorities of another state, territory, or country; or surrendered or voluntarily terminated a
credential during a board investigation of a complaint, as part of a disciplinary order, or
while under a disciplinary order;
new text end

new text begin (11) being convicted of or pled guilty or nolo contendere to a felony or other
crime, an element of which is dishonesty or fraud, or proven to have engaged in acts
or practice showing that the applicant or registrant is incompetent or has engaged in
conduct reflecting adversely on the applicant's or registrant's ability or fitness to engage in
the practice of massage therapy;
new text end

new text begin (12) practicing or offering to practice beyond the scope of the practice of massage
therapy;
new text end

new text begin (13) improperly managing client records and information including, but not limited
to, failure to maintain adequate client records, comply with a client's request made under
sections 144.291 to 144.298, furnish a client record or report required by law;
new text end

new text begin (14) revealing a privileged communication from or relating to a client except when
otherwise required or permitted by law;
new text end

new text begin (15) providing massage therapy services that are in any way linked to the financial
gain of a referral source;
new text end

new text begin (16) obtaining money, property, or services from a client, other than reasonable
fees for services provided to the client, through the use of undue influence, harassment,
duress, deception, or fraud;
new text end

new text begin (17) engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws;
new text end

new text begin (18) failure to consult the client's health care provider who recommended a course
of massage therapy treatment if the treatment needs to be altered from the original
written recommendations to conform with standards in the massage therapy field or the
practitioner's level of training or experience;
new text end

new text begin (19) failure to cooperate with an investigation of the board or its representative,
including responding fully and promptly to any question raised by or on behalf of the
board relating to the subject of the investigation, executing all releases requested by
the board, providing copies of client records, requested by the board to assist it in its
investigation, and appearing at conferences or hearings scheduled by the board or its staff;
new text end

new text begin (20) interfering with an investigation or disciplinary proceeding, including by willful
misrepresentation of facts or by the use of threats or harassment to prevent a person from
providing evidence in a disciplinary proceeding or any legal action;
new text end

new text begin (21) violating a law, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;
new text end

new text begin (22) failure to report to the board other massage therapists who commit violations
of this chapter; or
new text end

new text begin (23) failure to notify the board, in writing, of the entry of a final judgment by a
court of competent jurisdiction against the registrant for malpractice of massage therapy
or any settlement by the registrant in response to charges or allegations of malpractice
of massage therapy.
new text end

new text begin The notice in clause (23) must be provided to the board within 60 days after the
entry of the judgment or settlement and, in the case of a judgment, must contain the name
of the court, the case number, and the names of all parties to the action.
new text end

new text begin Subd. 2. new text end

new text begin Maltreatment of minors. new text end

new text begin Nothing in sections 148.981 to 148.989 shall
restrict the ability of a local or state agency to take action regarding the maltreatment of
minors under section 609.378 or 626.556. A parent who obtains massage therapy services
for the parent's minor child is not relieved of the duty to seek necessary medical care
consistent with the requirements of sections 609.378 and 626.556. A registered massage
therapist who is providing services to a child who is not receiving necessary medical care
must make a report under section 626.556. A registered massage therapist is a mandated
reporter under section 626.556, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging a violation of subdivision 1,
a copy of the judgment or proceeding under the seal of the court administrator or of the
administrative agency that entered the judgment or proceeding is admissible into evidence
without further authentication and constitutes prima facie evidence of the violation.
new text end

new text begin Subd. 4. new text end

new text begin Examination; access to medical data. new text end

new text begin (a) The board may take the
following actions if it has probable cause to believe that grounds for disciplinary action
exist under subdivision 1, clause (7) or (8):
new text end

new text begin (1) direct the applicant or massage therapist to submit to a mental or physical
examination or chemical dependency evaluation. For the purpose of this subdivision, when
a massage therapist registered under sections 148.987 to 148.9871 is directed in writing
by the board to submit to a mental or physical examination or chemical dependency
evaluation, that person is considered to have consented and to have waived all objections to
admissibility on the grounds of privilege. Failure of the applicant or massage therapist to
submit to an examination when directed constitutes an admission of the allegations against
the applicant or massage therapist, unless the failure was due to circumstances beyond the
person's control, and the board may enter a default and final order without taking testimony
or allowing evidence to be presented. A massage therapist affected under this paragraph
shall, at reasonable intervals, be given an opportunity to demonstrate that the competent
practice of massage therapy can be resumed with reasonable skill and safety to clients.
Neither the record of proceedings nor the order entered by the board in a proceeding under
this paragraph may be used against a massage therapist in any other proceeding; and
new text end

new text begin (2) notwithstanding sections 13.384, 144.651, and 595.02, or any other law limiting
access to medical or other health data, obtain medical data and health records relating to a
registered massage therapist or applicant for registration without that person's consent.
The medical data may be requested from a provider as defined in section 144.291,
subdivision 2, paragraph (h), an insurance company, or a government agency. A provider,
insurance company, or government agency shall comply with any written request of the
board under this subdivision and is not liable in any action for damages for releasing the
data requested by the board if the data are released according to a written request under
this subdivision unless the information is false and the provider giving the information
knew, or had reason to believe, the information was false. Information obtained under this
subdivision is classified as private data on individuals as defined in section 13.02.
new text end

Sec. 14.

new text begin [148.9884] FORMS OF DISCIPLINARY ACTION; AUTOMATIC
SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Forms of disciplinary action. new text end

new text begin When the board finds that grounds
for disciplinary action exist under section 148.9883, the board may take one or more
of the following actions:
new text end

new text begin (1) deny the registration or registration renewal;
new text end

new text begin (2) revoke the registration;
new text end

new text begin (3) suspend the registration;
new text end

new text begin (4) impose limitations on the massage therapist's practice of massage therapy
including, but not limited to, limitation of scope of practice or the requirement of practice
under supervision;
new text end

new text begin (5) impose conditions on the retention of the registration including, but not limited
to, the imposition of retraining or rehabilitation requirements or the conditioning of
continued practice on demonstration of knowledge or skills by appropriate examination,
monitoring, or other review;
new text end

new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed as to deprive the massage therapist of any economic
advantage gained by reason of the violation charged, to reimburse the board for the cost of
counsel, investigation, and proceeding, and to discourage repeated violations;
new text end

new text begin (7) order the massage therapist to provide unremunerated service;
new text end

new text begin (8) censure or reprimand the massage therapist; or
new text end

new text begin (9) any other action justified by the facts in the case.
new text end

new text begin Subd. 2. new text end

new text begin Automatic suspension. new text end

new text begin (a) Unless the board orders otherwise, a
registration to practice massage therapy is automatically suspended if:
new text end

new text begin (1) a guardian of a massage therapist is appointed by court order under chapter 524;
new text end

new text begin (2) the massage therapist is committed by court order under chapter 253B; or
new text end

new text begin (3) the massage therapist is determined to be mentally incompetent, mentally ill,
chemically dependent, or a person dangerous to the public by a court of competent
jurisdiction within or without this state.
new text end

new text begin (b) The registration remains suspended until the massage therapist is restored
to capacity by a court and, upon petition by the massage therapist, the suspension is
terminated by the board after a hearing or upon agreement between the board and the
massage therapist.
new text end

new text begin Subd. 3. new text end

new text begin Temporary suspension of registration. new text end

new text begin In addition to any other remedy
provided by law, the board may, through its advisory council, designated board member,
or representative under section 214.10, subdivision 2, temporarily suspend the registration
of a massage therapist without a hearing if the board finds that there is probable cause to
believe the massage therapist has violated a law or rule the board is empowered to enforce
and continued practice by the massage therapist would create a serious risk of harm to
others. The suspension shall take effect upon written notice to the massage therapist,
serviced by first-class mail, specifying the law or rule violated. The suspension shall
remain in effect until the board issues a temporary stay of suspension or a final order in the
matter after a hearing or upon agreement between the board and the massage therapist. At
the time the board issues the suspension notice, the board shall schedule a disciplinary
hearing to be held under chapter 14. The massage therapist shall be provided with at least
20 days' notice of any hearing held under this subdivision. The hearing shall be scheduled
to begin no later than 30 days after the issuance of the suspension order.
new text end

new text begin Subd. 4. new text end

new text begin Reissuance. new text end

new text begin The board may reinstate and reissue a registration for massage
therapy, but as a condition may impose any disciplinary or corrective measure that it might
originally have imposed. A person whose registration has been revoked, suspended, or
limited may have the registration reinstated and a new registration issued when, in the
discretion of the board, the action is warranted, provided that the person is required by
the board to pay the costs of the proceedings resulting in the revocation, suspension, or
limitation of the registration and reinstatement of the registration, and to pay the fee for
the current registration period. The cost of proceedings shall include, but not be limited
to, the cost paid by the board to the Office of Administrative Hearings and the Office of
the Attorney General for legal and investigative services, the costs of a court reporter and
witnesses, reproduction of records, board staff time, travel, and expenses, and board
members' per diem reimbursements, travel costs, and expenses.
new text end

Sec. 15.

new text begin [148.9885] REPORTING OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
constituting grounds for discipline under section 148.9883 may report the alleged
violation to the board.
new text end

new text begin Subd. 2. new text end

new text begin Institutions. new text end

new text begin 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 committees to
revoke, suspend, limit, or condition a massage therapist's privilege to practice in the
institution, or as part of the organization, any denial of privileges, any dismissal from
employment, or any other disciplinary action. The institution or organization shall also
report the resignation of any massage therapist before the conclusion of any disciplinary
proceeding, or before commencement of formal charges, but after the massage therapist
has knowledge that formal charges are contemplated or in preparation. The reporting
described by this subdivision is required only if the action pertains to grounds for
disciplinary action under section 148.9883.
new text end

new text begin Subd. 3. new text end

new text begin Credentialed professionals. new text end

new text begin A person credentialed by a health-related
licensing board as defined in section 214.01, subdivision 2, shall report to the board
personal knowledge of any conduct the person reasonably believes constitutes grounds
for disciplinary action under sections 148.9883 to 148.9884 by any massage therapist
including conduct indicating that the massage therapist may be incompetent, may have
engaged in unprofessional or unethical conduct, or may be mentally or physically unable
to engage safely in the practice of massage therapy.
new text end

new text begin Subd. 4. new text end

new text begin Insurers. new text end

new text begin Four times each year, by the first day of February, May, August,
and November, each insurer authorized to sell insurance described in section 60A.06,
subdivision 1, clause (13), and providing professional liability insurance to registered
massage therapists shall submit to the board a report concerning any registered massage
therapist against whom a malpractice award has been made or who has been a party to a
settlement. The report must contain at least the following information:
new text end

new text begin (1) the total number of settlements or awards;
new text end

new text begin (2) the date settlement or award was made;
new text end

new text begin (3) the allegations contained in the claim or complaint leading to the settlement
or award;
new text end

new text begin (4) the dollar amount of each malpractice settlement or award and whether that
amount was paid as a result of a settlement or of an award; and
new text end

new text begin (5) the name and address of the practice of the massage therapist against whom an
award was made or with whom a settlement was made.
new text end

new text begin An insurer shall also report to the board any information the insurer possesses that
tends to substantiate a charge that a massage therapist may have engaged in conduct
violating section 148.9883.
new text end

new text begin Subd. 5. new text end

new text begin Courts. new text end

new text begin The court administrator of district court or another 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 massage therapist is a person who is
mentally ill, mentally incompetent, chemically dependent, dangerous to the public, guilty
of a felony or gross misdemeanor, guilty of a violation of federal or state narcotics laws or
controlled substances act, guilty of operating a motor vehicle while under the influence
of alcohol or a controlled substance, or guilty of an abuse or fraud under Medicare or
Medicaid, appoints a guardian of the massage therapist under chapter 524, or commits
a massage therapist under chapter 253B.
new text end

new text begin Subd. 6. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 2 to 5 must be
submitted no 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 the reports be submitted on the forms provided, and may adopt rules necessary
to assure prompt and accurate reporting. The advisory panel shall review all reports,
including those submitted after the deadline, and make recommendations to the board.
new text end

Sec. 16.

new text begin [148.9886] IMMUNITY.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting. new text end

new text begin A person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting in good faith a report to
the board under section 148.9885 or for otherwise reporting in good faith to the board
violations or alleged violations of section 148.9883. The reports are investigative data
as defined in chapter 13.
new text end

new text begin Subd. 2. new text end

new text begin Investigation. new text end

new text begin (a) Members of the advisory council, 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 section 148.9883 on behalf of the advisory
council, board, or persons participating in the investigation or testifying regarding charges
of violations are immune from civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating to, their duties under section
148.9885.
new text end

new text begin (b) Members of the advisory council, board, and persons employed by the board or
engaged in maintaining records and making reports regarding adverse health care events
are immune from civil liability and criminal prosecution for any actions, transactions,
or publications in the execution of or relating to their duties under sections 148.982 to
148.989.
new text end

Sec. 17.

new text begin [148.9887] MASSAGE THERAPIST COOPERATION.
new text end

new text begin A massage therapist 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 all questions raised by or on behalf of the board relating to the subject of
the investigation and providing copies of client or other records in the massage therapist's
possession, requested by the advisory council or board, to assist the advisory council
or board's investigation, and to appear at conferences and hearings scheduled by the
advisory council or board. The board shall pay for copies requested. If the advisory
council or board does not have a written consent from a client permitting access to the
client's records, the massage therapist or employer of the massage therapist at the time
of the alleged violation shall delete any data in the record that identifies the client before
providing it to the advisory council or board. The board shall maintain any records
obtained under this section as investigative data under chapter 13. The massage therapist
shall not be excused from giving testimony or producing any documents, books, records,
or correspondence on the grounds of self-incrimination, but the testimony or evidence
may not be used against the massage therapist in any criminal case.
new text end

Sec. 18.

new text begin [148.9888] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
new text end

new text begin Upon judicial review of any board disciplinary action taken under section 148.9884,
the reviewing court shall seal the administrative record, except for the board's final
decision, and shall not make the administrative record available to the public.
new text end

Sec. 19.

new text begin [148.9889] EFFECT ON MUNICIPAL ORDINANCES.
new text end

new text begin Subdivision 1. new text end

new text begin License authority. new text end

new text begin The provisions of sections 148.981 to 148.989
preempt the licensure and regulation of a registered massage therapist by a municipality,
including, without limitation, conducting a criminal background investigation and
examination of a massage therapist or applicant for a municipal credential to practice
massage therapy.
new text end

new text begin Subd. 2. new text end

new text begin Business license or permit. new text end

new text begin The provisions of this chapter do not prohibit
a municipality from requiring a massage therapist to obtain a license or permit to transact
business within the jurisdiction of the municipality, if the license or permit is required of
other persons, regardless of occupation or profession, who transact business within the
jurisdiction of the municipality. A massage therapist working under a business license or
permit must follow the requirement in section 325F.816.
new text end

new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin The provisions of this chapter do not prohibit any
municipality of this state from prosecuting:
new text end

new text begin (1) an unregistered person engaged in the practice of massage therapy; or
new text end

new text begin (2) a registered massage therapist who is engaged in unlawful conduct.
new text end

Sec. 20.

new text begin [148.989] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin Fees are as follows:
new text end

new text begin (1) initial registration with application, $272;
new text end

new text begin (2) annual registration renewal, $172;
new text end

new text begin (3) initial school approval with accreditation, $300;
new text end

new text begin (4) initial school approval without accreditation, $450;
new text end

new text begin (5) school approval renewal, $175;
new text end

new text begin (6) continuing education program approval, $40;
new text end

new text begin (7) duplicate registration certificate, $30;
new text end

new text begin (8) late fee, $40;
new text end

new text begin (9) inactive status and inactive to active status reactivation, $100;
new text end

new text begin (10) temporary permit, $50; and
new text end

new text begin (11) returned check, $35.
new text end

new text begin Subd. 2. new text end

new text begin Proration of fees. new text end

new text begin The board may prorate the initial registration fee. All
registrants are required to pay the full fee upon registration renewal.
new text end

new text begin Subd. 3. new text end

new text begin Penalty fee for late renewals. new text end

new text begin An application for registration renewal
submitted after the deadline must be accompanied by a late fee in addition to the required
fees.
new text end

new text begin Subd. 4. new text end

new text begin Nonrefundable fees. new text end

new text begin All of the fees in subdivision 1 are nonrefundable.
new text end

new text begin Subd. 5. new text end

new text begin Deposit. new text end

new text begin Fees collected by the board under this section shall be deposited
into the state government special revenue fund.
new text end

Sec. 21. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2010.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2008, section 116J.70, subdivision 2a, is amended to
read:

Subd. 2a.

License; exceptions.

"Business license" or "license" does not include
the following:

(1) any occupational license or registration issued by a licensing board listed in
section 214.01 or any occupational registration issued by the commissioner of health
pursuant to section 214.13;

(2) any license issued by a county, home rule charter city, statutory city, township, or
other political subdivision;

(3) any license required to practice the following occupation regulated by the
following sections:

(i) abstracters regulated pursuant to chapter 386;

(ii) accountants regulated pursuant to chapter 326A;

(iii) adjusters regulated pursuant to chapter 72B;

(iv) architects regulated pursuant to chapter 326;

(v) assessors regulated pursuant to chapter 270;

(vi) athletic trainers regulated pursuant to chapter 148;

(vii) attorneys regulated pursuant to chapter 481;

(viii) auctioneers regulated pursuant to chapter 330;

(ix) barbers and cosmetologists regulated pursuant to chapter 154;

(x) boiler operators regulated pursuant to chapter 183;

(xi) chiropractors regulated pursuant to chapter 148;

(xii) collection agencies regulated pursuant to chapter 332;

(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
to chapter 150A;

(xiv) detectives regulated pursuant to chapter 326;

(xv) electricians regulated pursuant to chapter 326;

(xvi) mortuary science practitioners regulated pursuant to chapter 149A;

(xvii) engineers regulated pursuant to chapter 326;

(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;

(xix) certified interior designers regulated pursuant to chapter 326;

(xx) midwives regulated pursuant to chapter 147D;

(xxi) nursing home administrators regulated pursuant to chapter 144A;

(xxii) optometrists regulated pursuant to chapter 148;

(xxiii) osteopathic physicians regulated pursuant to chapter 147;

(xxiv) pharmacists regulated pursuant to chapter 151;

(xxv) physical therapists regulated pursuant to chapter 148;

(xxvi) physician assistants regulated pursuant to chapter 147A;

(xxvii) physicians and surgeons regulated pursuant to chapter 147;

(xxviii) plumbers regulated pursuant to chapter 326;

(xxix) podiatrists regulated pursuant to chapter 153;

(xxx) practical nurses regulated pursuant to chapter 148;

(xxxi) professional fund-raisers regulated pursuant to chapter 309;

(xxxii) psychologists regulated pursuant to chapter 148;

(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
82 and 83;

(xxxiv) registered nurses regulated pursuant to chapter 148;

(xxxv) securities brokers, dealers, agents, and investment advisers regulated
pursuant to chapter 80A;

(xxxvi) steamfitters regulated pursuant to chapter 326;

(xxxvii) teachers and supervisory and support personnel regulated pursuant to
chapter 125;

(xxxviii) veterinarians regulated pursuant to chapter 156;

(xxxix) water conditioning contractors and installers regulated pursuant to chapter
326;

(xl) water well contractors regulated pursuant to chapter 103I;

(xli) water and waste treatment operators regulated pursuant to chapter 115;

(xlii) motor carriers regulated pursuant to chapter 221;

(xliii) professional firms regulated under chapter 319B;

(xliv) real estate appraisers regulated pursuant to chapter 82B;

(xlv) residential building contractors, residential remodelers, residential roofers,
manufactured home installers, and specialty contractors regulated pursuant to chapter 326;

(xlvi) licensed professional counselors regulated pursuant to chapter 148B; new text begin or
new text end

new text begin (xlvii) registered massage therapists regulated pursuant to chapter 148;
new text end

(4) any driver's license required pursuant to chapter 171;

(5) any aircraft license required pursuant to chapter 360;

(6) any watercraft license required pursuant to chapter 86B;

(7) any license, permit, registration, certification, or other approval pertaining to a
regulatory or management program related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is required to be obtained
from a state agency or instrumentality; and

(8) any pollution control rule or standard established by the Pollution Control
Agency or any health rule or standard established by the commissioner of health or any
licensing rule or standard established by the commissioner of human services.

Sec. 2.

new text begin [325F.816] MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE.
new text end

new text begin An individual who is issued a municipal or city business license to practice massage
is prohibited from advertising as a licensed massage therapist unless the individual has
received a professional credential from another state; is current in licensure; and remains
in good standing under the credentialing state's requirements.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 2500.5000, new text end new text begin is repealed.
new text end