HF 644

4th Engrossment - 89th Legislature (2015 - 2016) Posted on 04/18/2016 04:35pm

A bill for an act
relating to health occupations; establishing registration for massage and
bodywork therapy; establishing fees; providing for exchange of information;
amending Minnesota Statutes 2014, sections 146A.06, subdivision 3; 146A.09,
by adding a subdivision; 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.

new text begin [148.981] CITATION.
new text end

new text begin Sections 148.981 to 148.9886 may be cited as the "Minnesota Massage and
Bodywork 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 sections
148.981 to 148.9886.
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, broadcast, or disseminate
information by any means that can be reasonably construed as an advertisement.
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 and
Bodywork 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 registration or
renewal according to sections 148.981 to 148.9886.
new text end

new text begin Subd. 5. 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. 6. new text end

new text begin Client. new text end

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

new text begin Subd. 7. new text end

new text begin Competency exam. new text end

new text begin "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.
new text end

new text begin Subd. 8. 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. 9. 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. 10. 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. 11. new text end

new text begin Massage and bodywork therapy. new text end

new text begin "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.
This definition applies to massage and bodywork therapy performed by individuals
registered under sections 148.981 to 148.9886, and does not apply to practitioners who
provide complementary and alternative health care under chapter 146A.
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

new text begin Subd. 13. 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. 14. new text end

new text begin Practice of massage and bodywork therapy. new text end

new text begin "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.
This definition applies to massage and bodywork therapy performed by individuals
registered under sections 148.981 to 148.9886, and does not apply to practitioners who
provide complementary and alternative health care under chapter 146A.
new text end

new text begin Subd. 15. new text end

new text begin Professional organization. new text end

new text begin "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.
new text end

new text begin Subd. 16. new text end

new text begin Registered massage and bodywork therapist or registrant. new text end

new text begin "Registered
massage and bodywork therapist" or "registrant" means a health care provider registered
according to sections 148.981 to 148.9886, for the practice of massage and bodywork
therapy.
new text end

new text begin Subd. 17. 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, or Guam; or any Canadian
province or similar political subdivision of a foreign country; except "this state" means the
state of Minnesota.
new text end

Sec. 3.

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

new text begin (a) For purposes of sections 148.981 to 148.9886, the practice of massage and
bodywork therapy by a registered massage and bodywork therapist includes the following:
new text end

new text begin (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
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 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.
new text end

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

new text begin (1) diagnosing any illness or disease;
new text end

new text begin (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;
new text end

new text begin (3) prescription of drugs or medicines;
new text end

new text begin (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
new text end

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

Sec. 4.

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

new text begin 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 148.9886, 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 148.9886, but is not prohibited from comanaging the client.
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 sections 148.981 to
148.9886, is designated as a "registered massage and bodywork therapist" or "RMBT."
new text end

new text begin Subd. 2. new text end

new text begin Title protection. new text end

new text begin Effective July 1, 2017, 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 148.9886.
new text end

new text begin Subd. 3. new text end

new text begin Identification of registrants. new text end

new text begin (a) A massage and bodywork therapist
registered according to sections 148.981 to 148.9886 shall be identified as a "registered
massage and bodywork therapist." If not written in full, this must be designated as "RMBT."
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 and
bodywork therapists as necessary to protect the public.
new text end

new text begin (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.
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 sections 148.981 to 148.9886
may be construed to prohibit, restrict the practice of, or require massage and bodywork
therapy registration of any of the following:
new text end

new text begin (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 148.9886; or
new text end

new text begin (2) a practitioner who is engaged in providing complementary and alternative health
care practices as defined in section 146A.01, subdivision 4, provided that the practitioner
does not advertise or imply that the practitioner is registered according to sections 148.981
to 148.9886.
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 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, 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 148.9886;
new text end

new text begin (2) assign duties to the advisory council that are necessary to implement the
provisions of sections 148.981 to 148.9886;
new text end

new text begin (3) approve or conduct a competency exam;
new text end

new text begin (4) appoint members to the advisory council according to section 148.9861 and
chapter 214;
new text end

new text begin (5) enforce sections 148.981 to 148.9886, 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;
new text end

new text begin (6) maintain a record of names and addresses of registrants;
new text end

new text begin (7) keep a permanent record of all its proceedings;
new text end

new text begin (8) distribute information regarding massage and bodywork therapy standards,
including applications and forms necessary to carry into effect the provisions of sections
148.981 to 148.9886;
new text end

new text begin (9) take action on applications according to section 148.9881; and
new text end

new text begin (10) employ and establish the duties of necessary personnel.
new text end

Sec. 7.

new text begin [148.9861] REGISTERED MASSAGE AND BODYWORK 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 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:
new text end

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

new text begin (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.
new text end

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

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

new text begin Subd. 2. new text end

new text begin Vacancies. new text end

new text begin 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.
new text end

new text begin Subd. 3. 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. 4. 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) establishment of standards of practice and a code of ethics for registered massage
and bodywork therapists;
new text end

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

new text begin (3) enforcement of sections 148.981 to 148.9886;
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;
new text end

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

new text begin (7) performance of other duties of 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 according to sections
148.981 to 148.9886, 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 and pay the fees associated with obtaining
the criminal background check. The background check shall be conducted in accordance
with section 214.075; 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) 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;
new text end

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

new text begin (E) proof, as required by the board, that the applicant has completed a postsecondary
course of study that included a minimum of 500 contact hours of combined massage and
bodywork therapy, theory, and practice training consisting of at least:
new text end

new text begin i. 120 combined hours of science, including anatomy and physiology, kinesiology,
pathology, hygiene, and standard precautions; and
new text end

new text begin ii. 340 combined clinical and practice hours, including massage and bodywork
therapy techniques; supervised practice; professional ethics and standards of practice;
business and legal practices related to massage and bodywork therapy; and history, theory,
and research related to massage and bodywork therapy;
new text end

new text begin (iii) unless registered under subdivision 3 or 4, successful completion of a
competency exam;
new text end

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

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

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

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

new text begin (viii) any misdemeanor or felony conviction;
new text end

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

new text begin (x) 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 (xi) 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.
new text end

new text begin Subd. 2. new text end

new text begin Registration prohibited. new text end

new text begin The board shall deny an application for
registration 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) prostitution as defined under section 609.321, 609.324, or 609.3242;
new text end

new text begin (ii) human trafficking as defined under section 609.282, 609.283, or 609.322;
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) 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 or similar provision
under the laws of another state, if the board determines such a 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
and 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 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, an applicant shall:
new text end

new text begin (1) meet the requirements for registration in subdivision 1, clauses (1), (2), and
(3), items (iv) to (xi); 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 148.981 to
148.9886. The proof shall include records as required by rules of the board.
new text end

new text begin (b) 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 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, an applicant shall:
new text end

new text begin (1) meet the requirements for registration in subdivision 1, clauses (1), (2), and
(3), items (iv) to (xi); and
new text end

new text begin (2) provide documentation as 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 and bodywork therapy;
new text end

new text begin (ii) successful completion of a competency exam;
new text end

new text begin (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
new text end

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

new text begin (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.
new text end

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

new text begin Subd. 5. new text end

new text begin Temporary permit. new text end

new text begin 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.
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 according to this
chapter 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
annually, 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 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.
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. 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.
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 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.
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 In order 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; and
new text end

new text begin (2) submit applicable fees 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 initial registration and fulfilling all requirements then in
existence for initial registration as a massage and bodywork 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 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.
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, 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 148.9886.
new text end

Sec. 10.

new text begin [148.9881] BOARD ACTION ON APPLICATIONS.
new text end

new text begin (a) The board shall act on each application for registration or renewal according
to paragraphs (b) and (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 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.
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. Each applicant is allowed only one request for review per
registration period.
new text end

Sec. 11.

new text begin [148.9882] 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 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.
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
registration contained in sections 148.981 to 148.9886, 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 "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;
new text end

new text begin (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;
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 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;
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
such behaviors;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
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 and bodywork therapy practices.
Conviction, as used in this clause, includes a conviction of an offense which, if committed
in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, without
regard to 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 registrant is on probation, failing to abide by terms of that probation;
new text end

new text begin (11) practicing or offering to practice beyond the scope of the practice of massage
and 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 and 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 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;
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, 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;
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 148.981 to 148.9886;
new text end

new text begin (22) failing to report to the board other massage and bodywork therapists who
commit violations of sections 148.981 to 148.9886; 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 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.
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 that entered the same shall be admissible into evidence without
further authentication and shall 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, shall apply.
new text end

Sec. 12.

new text begin [148.9883] DISCIPLINE; REPORTING.
new text end

new text begin For purposes of sections 148.981 to 148.9886, registered massage and bodywork
therapists and applicants are subject to sections 148.262 to 148.266.
new text end

Sec. 13.

new text begin [148.9884] 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 148.9886
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.
new text end

new text begin Subd. 2. new text end

new text begin Municipal regulation. new text end

new text begin Nothing in sections 148.981 to 148.9886 shall
be construed to limit a municipality from:
new text end

new text begin (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;
new text end

new text begin (2) enforcing the provisions of health codes related to communicable diseases;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin A municipality may prosecute violations of
sections 148.981 to 148.9886, a local ordinance, or any other law by a registered or
unregistered massage and bodywork therapist in its jurisdiction.
new text end

Sec. 14.

new text begin [148.9885] 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 fee must not exceed $285;
new text end

new text begin (2) annual registration renewal fee must not exceed $185;
new text end

new text begin (3) duplicate registration 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 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. 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 shall be deposited
into the state government special revenue fund.
new text end

Sec. 15.

new text begin [148.9886] EXCHANGING INFORMATION.
new text end

new text begin The board shall report to the Office of Complementary and Alternative Health
Practices all revocations or suspensions of registered massage and bodywork therapists.
Upon request by the Office of Complementary and Alternative Health Practices, the board
may share all complaint, investigatory, and disciplinary data relating to a previously or
currently registered massage and bodywork therapist.
new text end

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2016.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2014, 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 and bodywork as unlicensed complementary and
alternative health 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 and bodywork as an unlicensed complementary and
complementary and alternative health practitioner.
new text end

Sec. 2.

Minnesota Statutes 2014, section 146A.09, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Registered massage and bodywork therapists. new text end

new text begin No person whose
registration as a massage and bodywork therapist under sections 148.981 to 148.9886
has been suspended or revoked by the Board of Nursing may practice as an unlicensed
complementary and alternative health care practitioner under chapter 146A during a
period of suspension or revocation.
new text end

Sec. 3.

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 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.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2016.
new text end