HF 644

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/14/2016 03:58pm

A bill for an act
relating to health occupations; establishing registration for massage and
bodywork therapy; establishing fees; proposing coding for new law in Minnesota
Statutes, chapters 148; 325F.

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

ARTICLE 1

MASSAGE AND BODYWORK THERAPY

Section 1.

[148.981] CITATION.

Sections 148.981 to 148.9885 may be cited as the "Minnesota Massage and
Bodywork Therapy Act."

Sec. 2.

[148.982] DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section apply to sections
148.981 to 148.9885.

Subd. 2.

Advertise.

"Advertise" means to publish, display, broadcast, or disseminate
information by any means that can be reasonably construed as an advertisement.

Subd. 3.

Advisory council.

"Advisory council" means the Registered Massage and
Bodywork Therapist Advisory Council established under section 148.9861.

Subd. 4.

Applicant.

"Applicant" means an individual applying for registration or
renewal according to sections 148.981 to 148.9885.

Subd. 5.

Approved education provider.

"Approved education provider" means a
university, college, or other postsecondary education provider that meets the requirements
for approval under section 148.988, and that graduates students eligible for registration
according to sections 148.981 to 148.9885.

Subd. 6.

Board.

"Board" means the Minnesota Board of Nursing.

Subd. 7.

Client.

"Client" means a recipient of massage and bodywork therapy
services.

Subd. 8.

Competency exam.

"Competency exam" means a massage and bodywork
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.

Subd. 9.

Contact hour.

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

Subd. 10.

Credential.

"Credential" means a license, registration, or certification.

Subd. 11.

Health care provider.

"Health care provider" means a person who has a
state credential to provide one or more of the following services: medical 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.01, physical therapy as defined in section
148.65, or other state-credentialed providers.

Subd. 12.

Massage and bodywork therapy.

"Massage and bodywork therapy"
means a health care service involving systematic and structured touch and palpation, and
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.

Subd. 13.

Municipality.

"Municipality" means a county, town, or home rule
charter or statutory city.

Subd. 14.

Physical agent modality.

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

Subd. 15.

Practice of massage and bodywork therapy.

"Practice of massage and
bodywork therapy" means to engage professionally for compensation or as a volunteer in
massage and bodywork therapy or the instruction of professional technique coursework.

Subd. 16.

Professional organization.

"Professional organization" means an
organization that represents massage and bodywork therapists, was established before
the year 2005, offers professional liability insurance as a benefit of membership, has an
established code of professional ethics, and is board approved.

Subd. 17.

Registered massage and bodywork therapist or registrant.

"Registered
massage and bodywork therapist" or "registrant" means a health care provider registered
according to sections 148.981 to 148.9885, for the practice of massage and bodywork
therapy.

Subd. 18.

State.

"State" means any state in the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or Guam; or any Canadian
province or similar political subdivision of a foreign country; except "this state" means the
state of Minnesota.

Sec. 3.

[148.983] MASSAGE AND BODYWORK THERAPY.

(a) The practice of massage and bodywork therapy by a registered massage and
bodywork therapist includes the following:

(1) use of any or all of the following techniques using the hands, forearms, elbows,
knees, or feet, or handheld, nonpuncturing, 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

(2) application and use of any of the following: oils, lotions, gels, rubbing alcohol, or
powders for the purpose of lubricating the skin to be massaged; creams, with the exception
of prescription medicinal creams; hot or cold stones; essential oils as used in aromatherapy
for inhalation or diluted for topical application; salt glows and wraps; or heat or ice.

(b) The practice of massage and bodywork therapy does not include any of the
following:

(1) diagnosing any illness or disease;

(2) altering a course of recommended massage and bodywork therapy when
recommended by a state-credentialed health care provider without first consulting that
health care provider;

(3) prescription of drugs or medicines;

(4) intentional adjustment, manipulation, or mobilization of abnormal articulations,
neurological disturbances, structural alterations, biomechanical alterations as described in
section 148.01, including by means of a high-velocity, low-amplitude thrusting force or by
means of manual therapy or mechanical therapy for the manipulation or adjustment of
joint articulation as defined in section 146.23; or

(5) application of physical agent modalities, needles that puncture the skin, or
injection therapy.

Sec. 4.

[148.984] LIMITATIONS ON PRACTICE.

If a reasonably prudent massage and bodywork therapist finds a client's medical
condition is beyond the scope of practice established by sections 148.981 to 148.9885, or
by rules of the board for a registered massage and bodywork therapist, the massage and
bodywork therapist must refer the client to a health care provider as defined in sections
148.981 to 148.9885, but is not prohibited from comanaging the client.

Sec. 5.

[148.985] PROTECTED TITLES AND RESTRICTIONS ON USE.

Subdivision 1.

Designation.

An individual regulated by sections 148.981 to
148.9885, is designated as a "registered massage and bodywork therapist" or "RMBT."

Subd. 2.

Title protection.

Effective January 1, 2016, no individual may use the title
"registered massage and bodywork therapist," or use, in connection with the individual's
name, the letters "RMBT," 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 under
sections 148.981 to 148.9885.

Subd. 3.

Identification of registrants.

(a) A massage and bodywork therapist
registered according to sections 148.981 to 148.9885 shall be identified as a "registered
massage and bodywork therapist." If not written in full, this must be designated as "RMBT."

(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 and
bodywork therapists as necessary to protect the public.

(c) A massage and bodywork therapist who is credentialed by another state, or who
holds a certification from organizations, agencies, or educational providers may advertise
using those terms or letters to indicate that credential, provided that the credentialing
body is clearly identified.

Subd. 4.

Other health care providers.

Nothing in sections 148.981 to 148.9885
may be construed to prohibit, restrict the practice of, or require massage and bodywork
therapy registration of any of the following:

(1) a health care provider credentialed by this state, using massage and bodywork
therapy techniques within the scope of the provider's credential, provided the provider does
not advertise or imply that they are registered according to sections 148.981 to 148.9885; or

(2) the natural health procedures, practices, and treatments in section 146A.01,
subdivision 4, provided that the provider does not advertise or imply that they are
registered according to sections 148.981 to 148.9885.

Sec. 6.

[148.986] POWERS OF BOARD.

The board, acting with the advice of the advisory council, shall issue registrations to
duly qualified applicants and shall exercise the following powers and duties:

(1) adopt rules, including standards of practice and a professional code of ethics,
consistent with the law, as may be necessary to enable the board to implement the
provisions of sections 148.981 to 148.9885;

(2) assign duties to the advisory council that are necessary to implement the
provisions of sections 148.981 to 148.9885;

(3) approve or conduct a competency exam;

(4) grant status as an approved education provider according to approval criteria in
section 148.988 and maintain a list of approved education providers;

(5) appoint members to the advisory council according to section 148.9861 and
chapter 214;

(6) enforce sections 148.981 to 148.9885, including by causing the prosecution for
violations of section 148.9882 by a registrant or applicant; impose discipline as described
in section 148.9882, and incur any necessary expense;

(7) maintain a record of names and addresses of registrants;

(8) keep a permanent record of all its proceedings;

(9) distribute information regarding massage and bodywork therapy standards,
including applications and forms necessary to carry into effect the provisions of sections
148.981 to 148.9885;

(10) take action on applications according to section 148.9881; and

(11) employ and establish the duties of necessary personnel.

Sec. 7.

[148.9861] REGISTERED MASSAGE AND BODYWORK THERAPIST
ADVISORY COUNCIL.

Subdivision 1.

Creation; membership.

(a) The Registered Massage and Bodywork
Therapist Advisory Council is created and is composed of five members appointed by
the board. All members must have resided in this state for at least three years prior to
appointment. The advisory council consists of:

(1) two public members, as defined in section 214.02;

(2) three members who, except for initial appointees, are registered massage and
bodywork therapists. Initial appointees must practice massage and bodywork therapy.
An initial appointee shall be removed from the council if the appointee does not obtain
registration under section 148.987 within a reasonable time after registration procedures
are established.

(b) A person may not be appointed to serve more than two consecutive full terms.

(c) No more than one member of the advisory council may be an owner or
administrator of a massage and bodywork therapy education provider.

Subd. 2.

Vacancies.

When a vacancy occurs for a member who is a registered
massage and bodywork therapist, the board may appoint a member from among qualified
candidates or from a list of nominees submitted by professional organizations that contains
twice the number of nominees as vacancies. The board may fill vacancies occurring on
the advisory council for unexpired terms according to this section. Members shall retain
membership until a qualified successor is appointed.

Subd. 3.

Administration.

The advisory council shall be organized and administered
under section 15.059. The council shall not expire.

Subd. 4.

Duties.

The advisory council shall advise the board regarding:

(1) establishment of standards of practice and a code of ethics for registered massage
and bodywork therapists;

(2) distribution of information regarding massage and bodywork standards;

(3) enforcement of sections 148.981 to 148.9885;

(4) applications and recommendations of applicants for registration or registration
renewal;

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

(6) approval or creation of a competency exam granting status as an approved
education provider; and

(7) performance of other duties of advisory councils under chapter 214, or as
directed by the board.

Sec. 8.

[148.987] REGISTRATION REQUIREMENTS.

Subdivision 1.

Registration.

To be eligible for registration according to sections
148.981 to 148.9885, an applicant must:

(1) pay applicable fees;

(2) submit to a criminal background check and pay the fees associated with obtaining
the criminal background check. The background check shall be conducted in accordance
with section 214.075; and

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

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

(ii) provide proof, as required by the board, of:

(A) having obtained a high school diploma or its equivalent;

(B) being 18 years of age or older;

(C) current cardiopulmonary resuscitation and first aid certification; and

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

(iii) unless registered under subdivision 3 or 4, successful completion of a curriculum
from an approved education provider;

(iv) unless registered under subdivision 3 or 4, successful completion of a
competency exam;

(v) a list of credentials or memberships held in this state or other states or from
private credentialing or professional organizations;

(vi) a description of any other state or municipality's refusal to credential the
applicant;

(vii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction;

(viii) any history of drug or alcohol abuse;

(ix) any misdemeanor or felony conviction;

(x) additional information as requested by the board;

(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

(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 engaged in
the practice of massage and bodywork therapy.

Subd. 2.

Registration prohibited.

The board may deny an application for
registration if an applicant:

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

(i) prostitution as defined under section 609.321, 609.324, or 609.3242;

(ii) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or

(iii) a violent crime as defined under section 611A.08, subdivision 6;

(2) is a registered sex offender under section 243.166;

(3) has been subjected to disciplinary action under section 146A.09, if the board
determines such denial is necessary to protect the public; or

(4) if an applicant is charged with or under investigation for complaints in this state or
any state that would constitute a violation of the statutes or rules established for the practice
of massage and bodywork therapy in this state, the applicant shall not be registered until
the complaints have been resolved in the applicant's favor. Should a complaint be resolved
in favor of the complainant, the application for registration in this state may be denied.

Subd. 3.

Registration by endorsement.

(a) To be eligible for registration by
endorsement, an applicant shall:

(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and
(3), items (v) to (xii); and

(2) provide proof of a current and unrestricted equivalent credential in another
state that has qualifications at least equivalent to the requirements of sections 148.981 to
148.9885. The proof shall include records as required by rules of the board.

(b) Registrations issued by endorsement shall expire on the same schedule and be
renewed by the same procedures as registrations issued under subdivision 1.

Subd. 4.

Registration by grandfathering.

(a) To be eligible for registration by
grandfathering, an applicant shall:

(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and
(3), items (v) to (xii); and

(2) provide documentation as specified by the board demonstrating the applicant has
met at least one of the following qualifications:

(i) successful completion of at least 500 hours of supervised classroom and hands-on
instruction relating to massage and bodywork therapy;

(ii) successful completion of a competency exam;

(iii) evidence of experience in the practice of massage and bodywork therapy for at
least two of the previous five years immediately preceding application; or

(iv) active membership in a professional organization for at least two of the previous
five years immediately preceding application.

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

(c) This subdivision is effective for two years after the first date the board has made
applications available.

Subd. 5.

Temporary permit.

A temporary permit to practice as a registered
massage and bodywork therapist may be issued to an applicant eligible for registration
under subdivision 1, 3, or 4, if the application for registration is complete, all applicable
requirements in this section have been met, and applicable fees have been paid. The
temporary permit remains valid until the board takes action on the applicant's application.

Sec. 9.

[148.9871] EXPIRATION AND RENEWAL.

Subdivision 1.

Registration expiration.

Registrations issued according to this
chapter expire annually.

Subd. 2.

Renewal.

To be eligible for registration renewal, a registrant must
annually, or as determined by the board:

(1) complete a renewal application on a form provided by the board;

(2) submit applicable fees; and

(3) 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 cancelled.

Subd. 3.

Change of address.

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 as having been received by the registrant.

Subd. 4.

Registration renewal notice.

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. It must also 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.

Subd. 5.

Renewal deadline.

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.

Subd. 6.

Inactive status and return to active status.

(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.

(b) A registrant seeking restoration to active status from inactive status must pay
the current renewal fees and all unpaid back inactive fees. The registrant must meet
the criteria for renewal under subdivision 7 prior to submitting an application to regain
registered status. If the registrant has been in inactive status for more than five years, a
qualifying score on a competency exam is required.

Subd. 7.

Registration following lapse of registration status for two years or less.

In order for an individual whose registration status has lapsed for two years or less, to
regain registration status, the individual must:

(1) apply for registration renewal according to subdivision 2; and

(2) submit applicable fees for the period not registered, including the fee for late
renewal.

Subd. 8.

Cancellation due to nonrenewal.

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 initial registration and fulfilling all requirements then in
existence for initial registration as a massage and bodywork therapist.

Subd. 9.

Cancellation of registration in good standing.

(a) A registrant holding
active registration as a massage and bodywork 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. Such action by the board shall be reported
as a cancellation of registration in good standing.

(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.

(c) To obtain registration after cancellation, an applicant must obtain a new
registration by applying for initial registration and fulfilling the requirements then in
existence for obtaining initial registration according to sections 148.981 to 148.9885.

Sec. 10.

[148.988] APPROVED EDUCATION PROVIDER.

Subdivision 1.

Initial approval.

To become an approved education provider, an
education provider shall pay applicable fees and apply to the board, submitting evidence
of the following:

(1) teaching a curriculum of at least 500 contact hours of combined massage and
bodywork therapy theory and practice training consisting of at least:

(i) 120 combined hours of science subjects, including anatomy and physiology,
kinesiology, pathology, hygiene, and standard precautions; and

(ii) 340 combined clinical and practical hours, including massage and bodywork
therapy technique; techniques related to massage and bodywork therapy; supervised
practice; professional ethics and standards of practice; massage and bodywork therapy
history, theory, and research; and business and legal practices relating to massage and
bodywork therapy; and

(2) licensure or registration by the Minnesota Office of Higher Education or
membership in the Minnesota State College and University system, or similar approval
by an equivalent agency in another state.

Subd. 2.

Continuing approval.

The board shall, as it determines to be necessary,
survey all approved education providers in the state. If the survey results show that an
approved education provider meets all the criteria in subdivision 1 and all adopted rules,
the board shall continue the approved education provider status.

Subd. 3.

Loss of approval.

If the board determines that an approved education
provider is not maintaining the standards required by statutes and board rules, notice in
writing specifying the defect shall be given to the approved education provider. If the
provider fails to correct the specified defect to the satisfaction of the board before the
deadline set forth in the notice, the provider may be removed from the list of approved
education providers.

Subd. 4.

Reinstatement of approval.

The board may reinstate approved education
provider status upon submission of satisfactory evidence that the standards required by
statute and board rules then in effect are being met.

Sec. 11.

[148.9881] BOARD ACTION ON APPLICATIONS.

(a) The board shall act on each application for registration or renewal according
to paragraphs (b) and (d).

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

(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).

(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. Each applicant is allowed only one request for review per
registration period.

Sec. 12.

[148.9882] GROUNDS FOR DISCIPLINARY ACTION.

Subdivision 1.

Grounds listed.

(a) The board may deny, revoke, suspend, limit, or
condition the registration of a registrant or registered massage and bodywork therapist, or
may otherwise discipline a registrant. The fact that massage and bodywork therapy may
be considered a less customary approach to health care shall not constitute the basis for
disciplinary action per se.

(b) The following are grounds for disciplinary action, regardless of whether injury
to a client is established:

(1) failing to demonstrate the qualifications or to satisfy the requirements for
registration contained in sections 148.981 to 148.9885, or rules of the board. In the case of
an applicant, the burden of proof is on the applicant to demonstrate the qualifications or
satisfy the requirements;

(2) advertising in a false, fraudulent, deceptive, or misleading manner, including,
but not limited to:

(i) advertising or holding oneself out as a "registered massage and bodywork
therapist" or any abbreviation or derivative thereof to indicate such a title, when such
registration is not valid or current for any reason;

(ii) advertising or holding oneself out as a "licensed massage and bodywork
therapist" or any abbreviation or derivative thereof to indicate such a title, unless the
registrant currently holds a valid state license in another state and provided that the state
is clearly identified;

(iii) advertising a service, the provision of which would constitute a violation of this
chapter or rules established by the board; and

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

(3) falsifying information in a massage and bodywork therapy registration or renewal
application or attempting to obtain registration, registration renewal, or reinstatement by
fraud, deception, or misrepresentation, or aiding and abetting any of these acts;

(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
such behaviors;

(5) committing an act of gross malpractice, negligence, or incompetency, or failing
to practice massage and bodywork therapy with the level of care, skill, and treatment
that is recognized by a reasonably prudent massage and bodywork therapist as being
acceptable under similar conditions and circumstances;

(6) having an actual or potential inability to practice massage and bodywork 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. Being
adjudicated as mentally incompetent, mentally ill, a chemically dependent person, or a
person dangerous to the public by a court of competent jurisdiction, inside or outside
of this state, may be considered as evidence of an inability to practice massage and
bodywork therapy;

(7) being the subject of disciplinary action as a massage and bodywork therapist by
another state or jurisdiction where the board or advisory council determines that the cause
of the disciplinary action would be a violation under this state's statutes or rules of the
board if the violation had occurred in this state;

(8) failing to notify the board of revocation or suspension of a credential, or any
other disciplinary action taken by this or any other state, territory, or country, including
any restrictions on the right to practice; or the surrender or voluntary termination of a
credential during a board investigation of a complaint, as part of a disciplinary order, or
while under a disciplinary order;

(9) being convicted of or pleading guilty to a felony or other crime if an element
of the crime is dishonesty or fraud, or being shown to have engaged in acts or practices
tending to demonstrate that the applicant or registrant is incompetent, or being shown to
have engaged in conduct reflecting adversely on the applicant's or registrant's ability or
fitness to engage in the practice of massage and bodywork therapy;

(10) if a registrant is on probation, failing to abide by terms of that probation;

(11) practicing or offering to practice beyond the scope of the practice of massage
and bodywork therapy;

(12) managing client records and information improperly, including, but not limited
to failing to maintain adequate client records, comply with a client's request made according
to sections 144.291 to 144.298, or furnish a client record or report required by law;

(13) revealing a privileged communication from or relating to a client except when
otherwise required or permitted by law;

(14) providing massage and bodywork therapy services that are linked to the
financial gain of a referral source;

(15) 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;

(16) engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws;

(17) failing to consult with a client's health care provider who prescribed a course of
massage and bodywork therapy treatment if the treatment needs to be altered from the
original written order to conform with standards in the massage and bodywork therapy
field or the registrant's level of training or experience;

(18) failing to cooperate with an investigation of the board or its representatives,
including failing to respond fully and promptly to any question raised by or on behalf
of the board relating to the subject of the investigation, failing to execute all releases
requested by the board, failing to provide copies of client records, as reasonably requested
by the board to assist in its investigation, and failing to appear at conferences or hearings
scheduled by the board or its staff;

(19) 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;

(20) violating a statute, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;

(21) aiding or abetting a person in violating sections 148.981 to 148.9885;

(22) failing to report to the board other massage and bodywork therapists who
commit violations of sections 148.981 to 148.9885; and

(23) failing 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 and
bodywork therapy, or any settlement by the registrant in response to charges or allegations
of malpractice of massage and bodywork therapy. The notice must be provided to the
board within 60 days after the entry of a judgment, and must contain the name of the
court, case number, and the names of all parties to the action.

Subd. 2.

Evidence.

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 same shall be admissible into evidence without
further authentication and shall constitute prima facie evidence of the violation.

Subd. 3.

Examination; access to medical data.

The board may take the actions
described in section 148.261, subdivision 5, if it has probable cause to believe that
grounds for disciplinary action exist under subdivision 1, paragraph (b), clause (6). The
requirements and limitations described in section 148.261, subdivision 5, shall apply.

Sec. 13.

[148.9883] DISCIPLINE; REPORTING.

For purposes of sections 148.981 to 148.9885, registered massage and bodywork
therapists and applicants are subject to sections 148.262 to 148.266.

Sec. 14.

[148.9884] EFFECT ON MUNICIPAL ORDINANCES.

Subdivision 1.

License authority.

The provisions of sections 148.981 to 148.9885
preempt the licensure and regulation of registered massage and bodywork therapists
by a municipality, including, without limitation, conducting a criminal background
investigation and examination of a massage and bodywork therapist or applicant for a
municipality's credential to practice massage and bodywork therapy.

Subd. 2.

Municipal regulation.

Nothing in sections 148.981 to 148.9885 shall
be construed to limit a municipality from:

(1) requiring a massage business establishment to obtain a business license or permit
in order to transact business in the jurisdiction regardless of whether the massage business
establishment is operated by a registered or unregistered massage and bodywork therapist;

(2) enforcing the provisions of health codes related to communicable diseases;

(3) requiring a criminal background check of any unregistered massage and
bodywork therapist applying for a license to conduct massage and bodywork therapy
in the municipality; and

(4) otherwise regulating massage business establishments by ordinance regardless of
whether the massage business establishment is operated by a registered or unregistered
massage and bodywork therapist.

Subd. 3.

Prosecuting authority.

A municipality may prosecute violations of
sections 148.981 to 148.9885, a local ordinance, or any other law by a registered or
unregistered massage and bodywork therapist in its jurisdiction.

Sec. 15.

[148.9885] FEES.

Subdivision 1.

Fees.

Fees are as follows:

(1) initial registration with application, $285;

(2) annual registration renewal, $185;

(3) initial school approval, $300;

(4) school approval renewal, $200;

(5) duplicate registration certificate, $15;

(6) late fee, $50;

(7) inactive status and inactive to active status reactivation, $50;

(8) temporary permit, $50; and

(9) returned check, $35.

Subd. 2.

Penalty fee for late renewals.

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

Subd. 3.

Nonrefundable fees.

All of the fees in subdivision 1 are nonrefundable.

Subd. 4.

Deposit.

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

Sec. 16. EFFECTIVE DATE.

This article is effective August 1, 2015.

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

[325F.816] MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE.

An individual who is issued a municipal or city business license to practice massage
is prohibited from advertising as a licensed massage and bodywork 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.

Sec. 2. EFFECTIVE DATE.

This article is effective August 1, 2015.