SF 3569

as introduced - 91st Legislature (2019 - 2020) Posted on 03/03/2020 09:27am

A bill for an act
relating to health occupations; establishing licensure for massage therapy and
Asian bodywork therapy; establishing fees; providing criminal penalties; amending
Minnesota Statutes 2018, sections 146A.06, subdivision 3; 146A.09, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 148.

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

ARTICLE 1

MASSAGE THERAPY AND ASIAN BODYWORK THERAPY

Section 1.

new text begin [148.635] CITATION.
new text end

new text begin Sections 148.635 to 148.6363 may be cited as the "Minnesota Massage and Asian
Bodywork Therapy Act."
new text end

Sec. 2.

new text begin [148.6351] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 148.635 to 148.6363, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Massage Therapy and Asian
Bodywork Therapy Advisory Council established under section 148.6357.
new text end

new text begin Subd. 3. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual applying for licensure or renewal
according to sections 148.635 to 148.6363.
new text end

new text begin Subd. 4. new text end

new text begin Asian bodywork therapy. new text end

new text begin (a) "Asian bodywork therapy" means therapy based
upon Chinese medical principles with the intent of promoting, maintaining, and restoring
health and well-being by affecting the body and emotions.
new text end

new text begin (b) Asian bodywork therapy may use any of the following techniques:
new text end

new text begin (1) pressing;
new text end

new text begin (2) soothing;
new text end

new text begin (3) kneading;
new text end

new text begin (4) vibration;
new text end

new text begin (5) friction;
new text end

new text begin (6) passive stretching within the client's physiological range of motion;
new text end

new text begin (7) active assistive and resistive movement;
new text end

new text begin (8) stretching; and
new text end

new text begin (9) tapping, movement, exercising, or manipulation of the soft tissues.
new text end

new text begin (c) Methods of assessment and evaluation for Asian bodywork therapy are based on
Chinese medicine and may include a health history and intake interview, observation,
listening, questioning, and palpation.
new text end

new text begin Subd. 5. new text end

new text begin Board. new text end

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

new text begin Subd. 6. new text end

new text begin Client. new text end

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

new text begin Subd. 7. new text end

new text begin Credentialing examination. new text end

new text begin "Credentialing examination" means an examination
administered by a national testing organization that is approved by the board and meets
recognized psychometric principles and standards.
new text end

new text begin Subd. 8. new text end

new text begin Health care provider. new text end

new text begin "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.
new text end

new text begin Subd. 9. new text end

new text begin Licensed Asian bodywork therapist. new text end

new text begin "Licensed Asian bodywork therapist"
means an individual who meets the qualifications in sections 148.635 to 148.6363 for the
practice of Asian bodywork therapy and is licensed by the board.
new text end

new text begin Subd. 10. new text end

new text begin Licensed massage therapist. new text end

new text begin "Licensed massage therapist" means an individual
who meets the qualifications in sections 148.635 to 148.6363 for the practice of massage
therapy and is licensed by the board.
new text end

new text begin Subd. 11. new text end

new text begin Massage therapy. new text end

new text begin (a) "Massage therapy" means the manual manipulation of
the soft tissues of the body for the promotion, maintenance, and restoration of health and
well-being.
new text end

new text begin (b) Massage therapy may use any of the following techniques:
new text end

new text begin (1) stroking;
new text end

new text begin (2) gliding;
new text end

new text begin (3) lifting;
new text end

new text begin (4) kneading;
new text end

new text begin (5) jostling;
new text end

new text begin (6) vibration;
new text end

new text begin (7) percussion;
new text end

new text begin (8) compression;
new text end

new text begin (9) friction;
new text end

new text begin (10) holding;
new text end

new text begin (11) passive stretching within the client's physiological range of motion;
new text end

new text begin (12) movement or manipulation of the soft tissues;
new text end

new text begin (13) active assistive and resistive movement; and
new text end

new text begin (14) stretching.
new text end

new text begin (c) Methods of assessment for massage therapy may include a health history and intake
interview, observation of posture and movement, palpation, range of motion assessment,
and, with the client's permission, consultation with the client's other health care providers.
new text end

new text begin Subd. 12. new text end

new text begin Municipality. new text end

new text begin "Municipality" means a county, town, or home rule charter or
statutory city.
new text end

Sec. 3.

new text begin [148.6352] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure. new text end

new text begin To be eligible for licensure as a massage therapist or Asian
bodywork therapist according to sections 148.635 to 148.6363, an applicant must:
new text end

new text begin (1) pay applicable fees;
new text end

new text begin (2) submit to a criminal background check, conducted in accordance with section 214.075,
and pay fees associated with conducting the criminal background check; and
new text end

new text begin (3) file a written application on a form provided by the board that includes information
required under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin The written application for licensure as a massage therapist or
Asian bodywork therapist must include:
new text end

new text begin (1) the applicant's name, Social Security number, home address and telephone number,
and business address and telephone number;
new text end

new text begin (2) proof, as required by the board, of current professional liability insurance coverage.
The insurance must have a minimum of $2,000,000 of coverage per occurrence, and
$6,000,000 annual aggregate;
new text end

new text begin (3) proof, as required by the board, that the applicant has completed a postsecondary
program through a school or program that:
new text end

new text begin (i) is licensed by or registered with the Minnesota Office of Higher Education; and
new text end

new text begin (ii) is accredited by an agency recognized by the United States Department of Education;
new text end

new text begin (4) proof of educational training completed as required under subdivision 3;
new text end

new text begin (5) proof of successful passage of a credentialing examination selected by the board;
new text end

new text begin (6) a list of state or private credentials or memberships held;
new text end

new text begin (7) a description of any other state's or municipality's refusal to license or credential the
applicant;
new text end

new text begin (8) a description of all professional disciplinary actions initiated against the applicant
in any jurisdiction;
new text end

new text begin (9) any history of drug or alcohol abuse;
new text end

new text begin (10) any misdemeanor, gross misdemeanor, or felony convictions;
new text end

new text begin (11) additional information requested by the board; and
new text end

new text begin (12) the applicant's signature certifying that information in the application is true and
correct to the best of the applicant's knowledge and authorizing the board to obtain access
to the applicant's records in any state in which the applicant has practiced massage therapy
or Asian bodywork therapy.
new text end

new text begin Subd. 3. new text end

new text begin Education requirements. new text end

new text begin (a) An applicant for licensure as a massage therapist
between January 1, 2021, and December 31, 2023, must complete education and training
in the following subjects:
new text end

new text begin (1) anatomy;
new text end

new text begin (2) physiology;
new text end

new text begin (3) pathology;
new text end

new text begin (4) massage therapy;
new text end

new text begin (5) massage therapy history, theory, and research;
new text end

new text begin (6) professional ethics;
new text end

new text begin (7) therapeutic interpersonal communications and standards of practice;
new text end

new text begin (8) business and legal practices related to massage therapy; and
new text end

new text begin (9) supervised practice demonstrating safe use of equipment and supplies.
new text end

new text begin (b) An applicant for licensure as a massage therapist on or after January 1, 2024, must
complete a minimum of 625 contact hours of education and training as follows:
new text end

new text begin (1) at least 500 contact hours of classroom instruction in:
new text end

new text begin (i) anatomy;
new text end

new text begin (ii) physiology;
new text end

new text begin (iii) pathology;
new text end

new text begin (iv) massage therapy;
new text end

new text begin (v) massage therapy history, theory, and research;
new text end

new text begin (vi) professional ethics;
new text end

new text begin (vii) therapeutic interpersonal communications and standards of practice;
new text end

new text begin (viii) business and legal practices related to massage therapy; and
new text end

new text begin (ix) supervised practice demonstrating safe use of equipment and supplies; and
new text end

new text begin (2) supervised student clinical practice that must not exceed 125 of the 625 contact hours.
new text end

new text begin (c) This subdivision must not prohibit a massage therapy school or program that requires
more than 625 total contact hours from requiring or offering more than 125 hours of
supervised clinical practice, if at least 500 contact hours are devoted to classroom instruction
in the subjects listed in paragraph (b).
new text end

new text begin (d) A student must not begin the supervised clinical practice of massage therapy without
professional liability insurance coverage of up to $2,000,000 per occurrence.
new text end

new text begin (e) An applicant for licensure as an Asian bodywork therapist between January 1, 2021,
and December 31, 2023, must complete education and training in the following subjects:
new text end

new text begin (1) anatomy;
new text end

new text begin (2) physiology;
new text end

new text begin (3) pathology;
new text end

new text begin (4) Asian bodywork therapy;
new text end

new text begin (5) traditional Chinese medicine theory;
new text end

new text begin (6) Asian bodywork history, theory, and research;
new text end

new text begin (7) professional ethics;
new text end

new text begin (8) therapeutic interpersonal communications and standards of practice;
new text end

new text begin (9) business and legal practices related to Asian bodywork therapy; and
new text end

new text begin (10) supervised practice demonstrating safe use of equipment and supplies.
new text end

new text begin (f) An applicant for licensure as an Asian bodywork therapist on or after January 1,
2024, must complete a minimum of 625 contact hours of education and training in the
subjects listed in paragraph (e).
new text end

new text begin Subd. 4. new text end

new text begin Licensure prohibited. new text end

new text begin (a) Except as provided in paragraph (b), the board must
deny an application for licensure if an applicant:
new text end

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

new text begin (i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
new text end

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

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

new text begin (2) is a registered sex offender under section 243.166;
new text end

new text begin (3) has been subject to disciplinary action under section 146A.09, if the board determines
that such denial is necessary to protect the public; or
new text end

new text begin (4) is charged with or under investigation for a complaint in this state or any state that
would constitute a violation of statutes or rules established for the practice of massage
therapy or Asian bodywork therapy in this state, and the charge or complaint has not been
resolved in favor of the applicant.
new text end

new text begin (b) The board may establish criteria whereby an individual convicted of an offense listed
in paragraph (a) may become licensed provided that the criteria:
new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;
new text end

new text begin (2) provide a standard for overcoming the presumption; and
new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant was released
from incarceration or supervisory jurisdiction related to the offense.
new text end

new text begin The board must not consider an application under this paragraph if the board determines
that the victim involved in the offense was a client of the applicant at the time of the offense.
new text end

new text begin Subd. 5. new text end

new text begin Licensure by endorsement. new text end

new text begin (a) To be eligible for licensure by endorsement,
an applicant must:
new text end

new text begin (1) meet the requirements for licensure in subdivisions 1 and 2; and
new text end

new text begin (2) provide proof of a current and unrestricted equivalent credential in another state that
has qualifications at least equivalent to the requirements of sections 148.635 to 148.6363.
The proof must include records as required by the board.
new text end

new text begin (b) Licenses issued by endorsement must expire on the same schedule and be renewed
by the same procedures as licenses issued under subdivision 1.
new text end

new text begin Subd. 6. new text end

new text begin Licensure by prior experience. new text end

new text begin (a) To be eligible for licensure by prior
experience, an applicant must submit proof of experience in the practice of massage therapy
or Asian bodywork therapy, whichever is applicable, for at least two of the previous five
years immediately preceding the application date. The applicant must apply for licensure
by prior experience within two years after the date applications are first made available by
the board.
new text end

new text begin (b) Licenses issued under this subdivision must expire on the same schedule and be
renewed by the same procedures as licenses issued under subdivision 1.
new text end

new text begin (c) This subdivision does not apply to a license that is canceled due to nonrenewal under
section 148.6358, subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Temporary permit. new text end

new text begin The board may issue a temporary permit to practice
massage therapy or Asian bodywork therapy to an applicant eligible for licensure under
subdivision 1, 5, or 6 if the application for licensure 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, or 90 days from
the temporary permit's issuance, whichever is sooner. Practicing without a temporary license
is a violation of section 148.6355.
new text end

Sec. 4.

new text begin [148.6353] LIMITATIONS ON PRACTICE.
new text end

new text begin (a) The practice of massage therapy and Asian bodywork therapy does not include:
new text end

new text begin (1) providing examinations for the purpose of diagnosis;
new text end

new text begin (2) providing treatments that are outside the scope of massage therapy and Asian
bodywork therapy practice;
new text end

new text begin (3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by
the use of high-velocity, low-amplitude thrusting force;
new text end

new text begin (4) prescriptive exercise;
new text end

new text begin (5) manual or mechanical traction when applied to the spine or extremities for the
purposes of joint mobilization or manipulation;
new text end

new text begin (6) injection therapy;
new text end

new text begin (7) laser therapy;
new text end

new text begin (8) microwave diathermy;
new text end

new text begin (9) electrical stimulation;
new text end

new text begin (10) ultrasound;
new text end

new text begin (11) iontophoresis; or
new text end

new text begin (12) phonophoresis.
new text end

new text begin (b) If a reasonably prudent massage therapist or Asian bodywork therapist finds a client's
medical condition is beyond the scope of practice established by sections 148.635 to 148.6363
or by rules of the board for a licensed massage therapist or Asian bodywork therapist, the
therapist must refer the client to a health care provider, but is not prohibited from comanaging
the client's care.
new text end

Sec. 5.

new text begin [148.6354] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.
new text end

new text begin (a) Sections 148.635 to 148.6363 must not be construed to prohibit, restrict, or regulate
the practice of any person engaged in providing complementary and alternative health care
practices as defined in section 146A.01, subdivision 4, including but not limited to movement
or somatic education or therapy, provided that the practitioner does not advertise or imply
that the practitioner is licensed according to sections 148.635 to 148.6363, and if the practices
are not designated or implied to be massage therapy or Asian bodywork therapy.
new text end

new text begin (b) Sections 148.635 to 148.6363 must not be construed to prohibit, restrict, or regulate
the practice of nonresident massage therapists providing the following temporary services:
new text end

new text begin (1) massage emergency response team services working in conjunction with disaster
relief officials;
new text end

new text begin (2) massage services incidental to specific events, such as amateur sports competitions,
dance performances or events, or other similar athletic events;
new text end

new text begin (3) instruction of continuing education courses in massage therapy or Asian bodywork
therapy;
new text end

new text begin (4) services provided as an employee of the United States government or any federal
government entity while acting in the course and scope of such employment; or
new text end

new text begin (5) services provided by massage therapy or Asian bodywork therapy students practicing
under supervision as part of a school-sanctioned activity.
new text end

Sec. 6.

new text begin [148.6355] UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES
AND RESTRICTIONS ON USE.
new text end

new text begin Subdivision 1. new text end

new text begin Protected titles; unlicensed practice prohibited. new text end

new text begin It is unlawful for any
person, corporation, or association to practice or attempt to practice massage therapy or
Asian bodywork therapy, or use any of the terms or titles "massage therapist," "MT," "Asian
bodywork therapist," "ABT," or any other term or title that may lead the public to believe
that the individual is engaged in the practice of massage therapy or Asian bodywork therapy
unless licensed under sections 148.635 to 148.6363 as a massage therapist or Asian bodywork
therapist.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Any person, corporation, or association found to be in violation of the
provisions of subdivision 1 is guilty of a gross misdemeanor.
new text end

Sec. 7.

new text begin [148.6356] POWERS OF THE BOARD.
new text end

new text begin The board, acting with the advice of the advisory council, must issue licenses to duly
qualified applicants and must exercise the following powers and duties:
new text end

new text begin (1) adopt rules, including standards of practice and a professional code of ethics,
consistent with the law, as necessary to implement the provisions of sections 148.635 to
148.6363;
new text end

new text begin (2) assign duties to the advisory council that are necessary to implement the provisions
of sections 148.635 to 148.6363;
new text end

new text begin (3) approve and select a competency examination;
new text end

new text begin (4) establish educational requirements, approve schools or programs preparing individuals
for licensure, and conduct or provide for surveys of schools, programs, and courses;
new text end

new text begin (5) appoint members to the advisory council according to section 148.6357 and chapter
214;
new text end

new text begin (6) enforce sections 148.635 to 148.6363 and investigate violations of section 148.636
by a licensee or applicant;
new text end

new text begin (7) impose discipline as described in section 148.6362 and incur any necessary expense;
new text end

new text begin (8) maintain a record of names and addresses of licensees;
new text end

new text begin (9) keep a permanent record of all proceedings;
new text end

new text begin (10) distribute information regarding massage therapy and Asian bodywork therapy
standards, including applications and forms necessary to carry into effect the provisions of
sections 148.635 to 148.6363;
new text end

new text begin (11) take action on applications according to section 148.6359; and
new text end

new text begin (12) employ and establish the duties of necessary personnel.
new text end

Sec. 8.

new text begin [148.6357] MASSAGE THERAPY AND ASIAN BODYWORK THERAPY
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 Massage Therapy and Asian Bodywork
Therapy 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:
new text end

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

new text begin (2) two members who are licensed massage therapists and one member who is a licensed
Asian bodywork therapist, except for initial appointees. Initial appointees must practice
massage therapy and Asian bodywork therapy. An initial appointee must be removed from
the council if the appointee does not obtain licensure under section 148.6352 within a
reasonable time after licensure procedures are established.
new text end

new text begin (b) No more than one member of the advisory council may be an owner or administrator
of a massage therapy and Asian bodywork therapy education provider.
new text end

new text begin Subd. 2. new text end

new text begin Initial appointments; meeting. new text end

new text begin The board must make initial appointments to
the advisory council by October 1, 2020, and must designate one member to call the first
meeting of the advisory council by November 15, 2020.
new text end

new text begin Subd. 3. new text end

new text begin Vacancies. new text end

new text begin When a vacancy occurs for a member who is a licensed massage
therapist or Asian bodywork therapist, the board may appoint a member from among qualified
candidates. The board may fill vacancies occurring on the advisory council for unexpired
terms according to this section. Members must retain membership until a qualified successor
is appointed.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin The advisory council is established and administered under
section 15.059, except each member must be appointed for a two-year term, with no member
serving more than two consecutive terms.
new text end

new text begin Subd. 5. new text end

new text begin Chair. new text end

new text begin The advisory council must elect a chair from among its members.
new text end

new text begin Subd. 6. new text end

new text begin Staffing. new text end

new text begin The board must provide meeting space and administrative support
for the advisory council.
new text end

new text begin Subd. 7. new text end

new text begin Duties. new text end

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

new text begin (1) establishing standards of practice and a code of ethics for licensed massage therapists
and Asian bodywork therapists;
new text end

new text begin (2) distributing information regarding massage therapy and Asian bodywork therapy
standards;
new text end

new text begin (3) enforcing sections 148.635 to 148.6363;
new text end

new text begin (4) applications and 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; and
new text end

new text begin (6) performing other duties of advisory councils under chapter 214 or as directed by the
board.
new text end

Sec. 9.

new text begin [148.6358] EXPIRATION AND RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure expiration. new text end

new text begin Licenses issued according to sections 148.635 to
148.6363 expire biennially.
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 licensure renewal, an applicant must biennially,
or as determined by the board:
new text end

new text begin (1) complete a renewal application on a form provided by the board;
new text end

new text begin (2) submit applicable fees; and
new text end

new text begin (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 canceled.
new text end

new text begin Subd. 3. new text end

new text begin Change of address. new text end

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

new text begin Subd. 4. new text end

new text begin Licensure renewal notice. new text end

new text begin (a) At least 60 days before the licensure renewal
date, the board must send out a renewal notice to the last known address of the licensee.
The notice must include:
new text end

new text begin (1) a renewal application;
new text end

new text begin (2) a notice of fees required for renewal; and
new text end

new text begin (3) information stating that registration will expire without further action by the board
if an application for licensure renewal is not received before the deadline for renewal.
new text end

new text begin (b) The licensee's failure to receive the renewal notice must not relieve the licensee of
the obligation to meet the deadline and other requirements for licensure renewal. Failure to
receive the notice is not grounds for challenging expiration of licensed 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 must 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 license may be placed in
inactive status upon application to the board by the licensee and upon annual payment of
an inactive status fee. Failure to pay the annual inactive status fee results in a lapse of
licensure.
new text end

new text begin (b) A licensee seeking restoration to active status from inactive status must pay the
current renewal fees. The licensee must meet the criteria for renewal under subdivision 7
prior to submitting an application to regain licensed status. If the licensee has been in inactive
status for more than five years, a qualifying score on a competency examination is required.
new text end

new text begin Subd. 7. new text end

new text begin Licensure following lapse for two years or less. new text end

new text begin To regain active licensure
status, an individual whose licensure status has lapsed for two years or less must:
new text end

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

new text begin (2) submit applicable fees for the period not licensed, 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 must not renew, reissue, reinstate,
or restore a license that has lapsed and has not been renewed within two years. A licensee
whose license is canceled for nonrenewal must obtain a new license by applying for initial
licensure and fulfilling all requirements for initial licensure as a massage therapist or Asian
bodywork therapist.
new text end

Sec. 10.

new text begin [148.6359] BOARD ACTION ON APPLICATIONS; DATA PRACTICES.
new text end

new text begin (a) The board must act on each application for licensure or renewal according to
paragraphs (b) and (d).
new text end

new text begin (b) The board or advisory council must determine if the applicant meets the requirements
for licensure or renewal under section 148.6352 or 148.6358. 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.
new text end

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

new text begin (d) An applicant denied licensure 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 licensure. After reviewing the denial, the advisory
council must make a recommendation to the board as to whether the denial must be affirmed.
Each applicant is allowed only one request for review per licensure period.
new text end

new text begin (e) Section 13.41 applies to data on applicants and licensees collected and maintained
by the board.
new text end

Sec. 11.

new text begin [148.636] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds listed. new text end

new text begin (a) The board may deny, revoke, suspend, limit, or
condition the licensure of a licensed massage therapist or Asian bodywork therapist or may
otherwise discipline a licensee. The fact that massage therapy and Asian bodywork therapy
may be considered less customary approaches to health care shall not constitute the basis
for disciplinary action per se.
new text end

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

new text begin (1) failing to demonstrate the qualifications or to satisfy the requirements for licensure
under sections 148.635 to 148.6363 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;
new text end

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

new text begin (i) advertising or holding oneself out as a "licensed massage therapist" or "licensed Asian
bodywork therapist" or any abbreviation or derivative thereof to indicate such a title, when
such licensure is not valid or current for any reason;
new text end

new text begin (ii) advertising or holding oneself out as a "licensed massage therapist" or "licensed
Asian bodywork therapist" or any abbreviation or derivative thereof to indicate such a title,
except if the individual holds a license in another state or jurisdiction and does not provide
services in Minnesota;
new text end

new text begin (iii) advertising a service, the provision of which would constitute a violation of this
chapter or rules established by the board; 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) falsifying information in a massage therapy or Asian bodywork therapy licensure or
renewal application or attempting to obtain licensure, renewal, or reinstatement by fraud,
deception, or misrepresentation, or aiding and abetting 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 engaging 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;
new text end

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

new text begin (6) having an actual or potential inability to practice massage therapy or Asian 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 evidence of an inability to practice massage therapy or
Asian bodywork therapy;
new text end

new text begin (7) being the subject of disciplinary action as a massage therapist or Asian bodywork
therapist in another state or jurisdiction if 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 had the violation occurred in this state;
new text end

new text begin (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;
new text end

new text begin (9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
reasonably related to engaging in massage therapy or Asian bodywork therapy practices.
Conviction, as used in this clause, includes a conviction for an offense that, if committed
in this state, would be deemed a felony, gross misdemeanor, or misdemeanor regardless of
its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is
made or returned but the adjudication of guilt is either withheld or not entered;
new text end

new text begin (10) if a licensee is on probation, failing to abide by terms of probation;
new text end

new text begin (11) practicing or offering to practice beyond the scope of the practice of massage therapy
or Asian bodywork therapy;
new text end

new text begin (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;
new text end

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

new text begin (14) providing massage therapy or Asian bodywork therapy services that are linked to
the financial gain of a referral source;
new text end

new text begin (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;
new text end

new text begin (16) 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 (17) failing to consult with a client's health care provider who prescribed a course of
massage therapy or Asian bodywork therapy treatment if the treatment needs to be altered
from the original written order to conform with standards in the massage therapy or Asian
bodywork therapy field or the licensee's level of training or experience;
new text end

new text begin (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; execute all releases requested by the board;
provide copies of client records as reasonably requested by the board to assist in its
investigation; and appear at conferences or hearings scheduled by the board or its staff;
new text end

new text begin (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;
new text end

new text begin (20) violating a statute, 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 (21) aiding or abetting a person in violating sections 148.635 to 148.6363;
new text end

new text begin (22) failing to report to the board other massage therapists or Asian bodywork therapists
who commit violations of sections 148.635 to 148.6363; and
new text end

new text begin (23) failing to notify the board in writing of the entry of a final judgment by a court of
competent jurisdiction against the licensee for malpractice of massage or Asian bodywork
therapy, or any settlement by the licensee in response to charges or allegations of malpractice
of massage therapy or Asian bodywork therapy. The notice must be provided to the board
within 60 days after the entry of a judgment or date of settlement, and must contain the
name of the court, 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 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 must be admissible into evidence without further authentication and
must constitute prima facie evidence of the violation.
new text end

new text begin Subd. 3. new text end

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

new text begin 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, must apply.
new text end

Sec. 12.

new text begin [148.6361] DISCIPLINE; REPORTING.
new text end

new text begin For purposes of sections 148.635 to 148.6363, massage therapists or Asian bodywork
therapists and applicants for licensure are subject to sections 148.262 to 148.266.
new text end

Sec. 13.

new text begin [148.6362] 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 148.635 to 148.6363
preempt the licensure and regulation of massage therapists and Asian bodywork therapists
by a municipality, including, without limitation, conducting a criminal background
investigation and examination of a massage therapist, Asian bodywork therapist, or applicant
for a municipality's credential to practice massage therapy or Asian bodywork therapy.
new text end

new text begin Subd. 2. new text end

new text begin Municipal regulation. new text end

new text begin Sections 148.635 to 148.6363 must not be construed
to limit a municipality from:
new text end

new text begin (1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a
business license or permit to conduct business in the municipality; and
new text end

new text begin (2) regulating other health care providers identified in section 148.6354.
new text end

Sec. 14.

new text begin [148.6363] 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 licensure with application fee must not exceed $285;
new text end

new text begin (2) biennial licensure renewal fee must not exceed $185;
new text end

new text begin (3) duplicate licensure certificate, $15;
new text end

new text begin (4) late fee, $50;
new text end

new text begin (5) inactive status and inactive to active status reactivation, $50;
new text end

new text begin (6) temporary permit, $50; and
new text end

new text begin (7) returned check, $35.
new text end

new text begin Subd. 2. new text end

new text begin Late renewal fee. new text end

new text begin An application for licensure 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. 3. 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. 4. new text end

new text begin Deposit. new text end

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

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 14 are effective January 1, 2021.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2018, section 146A.06, subdivision 3, is amended to read:

Subd. 3.

Exchanging information.

(a) The office shall establish internal operating
procedures for:

(1) exchanging information with state boards; agencies, including the Office of
Ombudsman for Mental Health and Developmental Disabilities; health-related and law
enforcement facilities; departments responsible for licensing health-related occupations,
facilities, and programs; and law enforcement personnel in this and other states; and

(2) coordinating investigations involving matters within the jurisdiction of more than
one regulatory agency.

(b) The procedures for exchanging information must provide for the forwarding to the
entities described in paragraph (a), clause (1), of information and evidence, including the
results of investigations, that are relevant to matters within the regulatory jurisdiction of
the organizations in paragraph (a). The data have the same classification in the hands of the
agency receiving the data as they have in the hands of the agency providing the data.

(c) The office shall establish procedures for exchanging information with other states
regarding disciplinary action against unlicensed complementary and alternative health care
practitioners.

(d) The office shall forward to another governmental agency any complaints received
by the office that do not relate to the office's jurisdiction but that relate to matters within
the jurisdiction of the other governmental agency. The agency to which a complaint is
forwarded shall advise the office of the disposition of the complaint. A complaint or other
information received by another governmental agency relating to a statute or rule that the
office is empowered to enforce must be forwarded to the office to be processed in accordance
with this section.

(e) The office shall furnish to a person who made a complaint a description of the actions
of the office relating to the complaint.

new text begin (f) The office shall report to the Board of Nursing all final disciplinary actions against
individuals practicing massage therapy or Asian bodywork therapy as unlicensed
complementary and alternative health care practitioners. Upon request by the Board of
Nursing, the office may share all complaint, investigatory, and disciplinary data regarding
a named individual who has practiced or is practicing massage therapy or Asian bodywork
therapy as an unlicensed complementary and alternative health care practitioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2018, section 146A.09, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Licensed massage therapists and Asian bodywork therapists. new text end

new text begin Persons whose
licensure as a massage therapist or Asian bodywork therapist under sections 148.635 to
148.6363 has been suspended or revoked by the Board of Nursing must not practice as
unlicensed complementary and alternative health care practitioners under this chapter during
a period of suspension or revocation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end