HF 1503

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:28 p.m.

1.1A bill for an act 1.2relating to health occupations; providing registration for massage therapists; 1.3amending Minnesota Statutes 2008, section 116J.70, subdivision 2a; proposing 1.4coding for new law in Minnesota Statutes, chapters 148; 325F; repealing 1.5Minnesota Rules, part 2500.5000. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7ARTICLE 1 1.8MASSAGE THERAPY REGISTRATION 1.9    Section 1. new text begin [148.981] CITATION. new text end 1.10 new text begin Sections new text end new text begin to new text end new text begin may be cited as the "Minnesota Massage Therapy Act." new text end 1.11    Sec. 2. new text begin [148.982] DEFINITIONS. new text end 1.12     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin The definitions in this section apply to this chapter. new text end 1.13     new text begin Subd. 2. new text end new text begin Advertise. new text end new text begin "Advertise" means to publish, display, or disseminate new text end 1.14 new text begin information, and includes, but is not limited to, the issuance of any card, sign, direct mail, new text end 1.15 new text begin Internet posting or the causing or permitting in one's name for any sign or marking on or in new text end 1.16 new text begin a building, vehicle, or structure or in a newspaper, magazine, any listing in any directory new text end 1.17 new text begin under a classification or heading that includes the words "massage," "massage therapist," new text end 1.18 new text begin "therapeutic massage," or "massage therapeutic," or commercials broadcast by any means. new text end 1.19     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 new text end 1.20 new text begin Therapist Advisory Council established under section new text end new text begin . new text end 1.21     new text begin Subd. 4. new text end new text begin Applicant. new text end new text begin "Applicant" means an individual applying for massage therapy new text end 1.22 new text begin registration or registration renewal. new text end 2.1     new text begin Subd. 5. new text end new text begin Approved continuing education program. new text end new text begin "Approved continuing new text end 2.2 new text begin education program" means a continuing education program that meets the continuing new text end 2.3 new text begin education requirements in section new text end new text begin and is approved by the board. new text end 2.4     new text begin Subd. 6. new text end new text begin Approved massage therapy program. new text end new text begin "Approved massage therapy new text end 2.5 new text begin program" means a university, college, or other postsecondary education program leading new text end 2.6 new text begin to eligibility for state registration in massage therapy that meets the requirements of new text end 2.7 new text begin section new text end new text begin . new text end 2.8     new text begin Subd. 7. new text end new text begin Board. new text end new text begin "Board" means the Minnesota Board of Nursing. new text end 2.9     new text begin Subd. 8. new text end new text begin Client. new text end new text begin "Client" means a recipient of massage therapy services. new text end 2.10     new text begin Subd. 9. new text end new text begin Contact hour. new text end new text begin "Contact hour" means an instructional session of at least new text end 2.11 new text begin 50 consecutive minutes, excluding coffee breaks, registration, meals without a speaker, new text end 2.12 new text begin and social activities. new text end 2.13     new text begin Subd. 10. new text end new text begin Credential. new text end new text begin "Credential" means a license, registration, or certification. new text end 2.14     new text begin Subd. 11. new text end new text begin Competency exam. new text end new text begin "Competency exam" means a massage therapy new text end 2.15 new text begin competency assessment that is approved by the board and is psychometrically valid, based new text end 2.16 new text begin on a job task analysis, and administered by a national testing organization. new text end 2.17     new text begin Subd. 12. new text end new text begin Health care provider. new text end new text begin "Health care provider" means a person who is new text end 2.18 new text begin credentialed to practice the following: medicine as defined in section 147.081, chiropractic new text end 2.19 new text begin as defined in section 148.01, podiatry as defined in section 153.01, dentistry as defined in new text end 2.20 new text begin section 150A.05, physical therapy as defined in section 148.65, advanced practice nursing new text end 2.21 new text begin as defined in section new text end new text begin , or other state-credentialed providers. new text end 2.22     new text begin Subd. 13. new text end new text begin Massage or massage therapy. new text end new text begin "Massage" or "massage therapy" means new text end 2.23 new text begin a health care service involving systematic and structured touch and palpation, pressure new text end 2.24 new text begin and movement of the muscles, tendons, ligaments, and fascia, in order to reduce muscle new text end 2.25 new text begin tension, relieve soft tissue pain, improve circulation, increase flexibility, increase activity new text end 2.26 new text begin of the parasympathetic branch of the autonomic nervous system, or to promote general new text end 2.27 new text begin wellness, by use of the techniques and applications described in section new text end new text begin . new text end 2.28     new text begin Subd. 14. new text end new text begin Massage therapist. new text end new text begin "Massage therapist" means a health care professional new text end 2.29 new text begin registered under this chapter for the practice of massage therapy. new text end 2.30     new text begin Subd. 15. new text end new text begin Municipality. new text end new text begin "Municipality" means a county, town, city, or other new text end 2.31 new text begin municipal corporation or political subdivision of this state. new text end 2.32     new text begin Subd. 16. new text end new text begin Physical agent modality. new text end new text begin "Physical agent modality" means modalities new text end 2.33 new text begin that use the properties of light, water, temperature, sound, and electricity to produce new text end 2.34 new text begin a response in soft tissue. new text end 3.1     new text begin Subd. 17. new text end new text begin Practice of massage therapy. new text end new text begin "Practice of massage therapy" means new text end 3.2 new text begin to engage professionally for compensation or as a volunteer in massage therapy or the new text end 3.3 new text begin instruction of professional technique coursework. new text end 3.4     new text begin Subd. 18. new text end new text begin Professional organization. new text end new text begin "Professional organization" means an new text end 3.5 new text begin organization that represents massage therapists, was established before the year 2000, new text end 3.6 new text begin offers professional liability insurance as a benefit of membership, has an established code new text end 3.7 new text begin of professional ethics, and is board-approved. new text end 3.8     new text begin Subd. 19. new text end new text begin State. new text end new text begin "State" means any state in the United States, the District of new text end 3.9 new text begin Columbia, Puerto Rico, the United States Virgin Islands, Guam, Canadian province, or new text end 3.10 new text begin foreign country, except "this state" means the state of Minnesota. new text end 3.11    Sec. 3. new text begin [148.983] MASSAGE THERAPY. new text end 3.12 new text begin (a) The practice of massage therapy by a registered massage therapist includes new text end 3.13 new text begin the following: new text end 3.14 new text begin (1) use of any or all of the following techniques using the hands, forearms, or new text end 3.15 new text begin elbows or handheld mechanical or electrical devices that mimic or enhance the actions of new text end 3.16 new text begin the human hands: effleurage or gliding; petrissage or kneading; vibration and jostling; new text end 3.17 new text begin friction; tapotement or percussion; compression; fascial manipulation; passive stretching new text end 3.18 new text begin within the normal anatomical range of motion; and new text end 3.19 new text begin (2) application and use of any of the following: oils, lotions, gels, rubbing alcohol, new text end 3.20 new text begin or powders for the purpose of lubricating skin to be massaged; essential oils, or creams, new text end 3.21 new text begin with the exception of prescription-requiring medicinal creams; hot or cold stones; salt new text end 3.22 new text begin glows and wraps; and ice. new text end 3.23 new text begin (b) The practice of massage therapy does not include any of the following: new text end 3.24 new text begin (i) diagnosing any illness or disease; or new text end 3.25 new text begin (ii) changing recommendations of a state-credentialed health care provider without new text end 3.26 new text begin consulting that health care provider prior to altering a course of recommended massage new text end 3.27 new text begin therapy; new text end 3.28 new text begin (2) prescription of drugs or medicines; new text end 3.29 new text begin (3) intentional adjusting, manipulating, or mobilizing any articulations of the body new text end 3.30 new text begin or spine, including by means of a high velocity, low amplitude thrusting force or as new text end 3.31 new text begin described in section new text end new text begin or new text end new text begin ; or new text end 3.32 new text begin (4) application of physical agent modalities, injection therapy, or moxabustion. new text end 3.33    Sec. 4. new text begin [148.984] LIMITATIONS ON PRACTICE. new text end 4.1     new text begin Subdivision 1. new text end new text begin Referrals. new text end new text begin If a medical condition is beyond the scope of practice new text end 4.2 new text begin established by this chapter or by rules of the board for a registered massage therapist, the new text end 4.3 new text begin massage therapist must refer the client to a health care provider as defined in this chapter. new text end 4.4     new text begin Subd. 2. new text end new text begin Prohibited from practicing. new text end new text begin A person whose registration under this new text end 4.5 new text begin chapter has been restricted, revoked, or application denied by the board, is restricted from new text end 4.6 new text begin practicing massage therapy in this state, up to and including being prohibited from practice. new text end 4.7     new text begin Subd. 3. new text end new text begin Penalty. new text end new text begin A person who violates this section and section new text end new text begin is guilty new text end 4.8 new text begin of a misdemeanor and subject to section new text end new text begin . new text end 4.9    Sec. 5. new text begin [148.985] PROTECTED TITLES AND RESTRICTIONS ON USE. new text end 4.10     new text begin Subdivision 1. new text end new text begin Designation. new text end new text begin An individual regulated by this chapter is designated as new text end 4.11 new text begin a "registered massage therapist" or "RMT." new text end 4.12     new text begin Subd. 2. new text end new text begin Title protection. new text end new text begin No individual may use the title "registered massage new text end 4.13 new text begin therapist," or use, in connection with the individual's name, the letters "RMT," or any other new text end 4.14 new text begin titles, words, letters, abbreviations, or insignia indicating or implying that the individual is new text end 4.15 new text begin registered or eligible for registration by this state as a registered massage therapist unless new text end 4.16 new text begin the individual has been registered as a massage therapist according to this chapter. new text end 4.17     new text begin Subd. 3. new text end new text begin Identification of practitioners. new text end new text begin (a) A massage therapist registered in new text end 4.18 new text begin Minnesota shall be identified as a "registered massage therapist." If not written in full, this new text end 4.19 new text begin must be designated as RMT. A student attending a massage therapy training program and new text end 4.20 new text begin providing massage therapy services to the public as part of the student's training must be new text end 4.21 new text begin identified as a "Student Massage Therapist." This abbreviated designation is "Student MT." new text end 4.22 new text begin (b) The board may adopt rules for the implementation of this section, including new text end 4.23 new text begin the identification of terms or references that may be used only by registered massage new text end 4.24 new text begin therapists as necessary to protect the public. new text end 4.25 new text begin (c) A practitioner who is credentialed by another state, or who holds certification new text end 4.26 new text begin from organizations, agencies, or educational providers is not prohibited from using those new text end 4.27 new text begin terms, letters, or any figures, signs, or insignia to indicate that credential in advertising, new text end 4.28 new text begin provided the state and the credentialing body are clearly identified in the advertisement. new text end 4.29 new text begin (d) A practitioner who is licensed in another state may advertise as being a licensed new text end 4.30 new text begin practitioner provided the state and the licensing agency are clearly identified in the new text end 4.31 new text begin advertisement. new text end 4.32     new text begin Subd. 4. new text end new text begin Other health care providers. new text end new text begin Nothing in this chapter may be construed to new text end 4.33 new text begin prohibit, nor restrict the practice of, nor require massage therapy registration of any of new text end 4.34 new text begin the following: new text end 5.1 new text begin (1) a person holding a credential granted by this state, who utilizes massage therapy new text end 5.2 new text begin techniques within the scope of that credential, provided the practitioner does not imply new text end 5.3 new text begin that they are registered under this chapter; or new text end 5.4 new text begin (2) the natural health procedures, practices, and treatments in section new text end new text begin , new text end 5.5 new text begin subdivision 4, provided that those services are not advertised, designated, or implied to new text end 5.6 new text begin be from a registered massage therapist or other terms or abbreviations protected under new text end 5.7 new text begin this chapter. new text end 5.8     new text begin Subd. 5. new text end new text begin Penalty. new text end new text begin A person who violates this section is guilty of a misdemeanor and new text end 5.9 new text begin subject to section new text end new text begin . new text end 5.10    Sec. 6. new text begin [148.986] POWERS OF BOARD. new text end 5.11 new text begin The board, acting with the advice of the Registered Massage Therapist Advisory new text end 5.12 new text begin Council, shall issue registrations to duly qualified applicants and shall exercise the new text end 5.13 new text begin following powers and duties: new text end 5.14 new text begin (1) adopt rules necessary to effect the provisions of sections new text end new text begin to new text end new text begin ; new text end 5.15 new text begin (2) conduct a competency exam that an applicant may use as the basis for new text end 5.16 new text begin establishing competence to be registered under section new text end new text begin ; new text end 5.17 new text begin (3) cause the prosecution of all registrants or applicants for violating sections new text end 5.18 new text begin to new text end new text begin and have power to incur any associated expense; new text end 5.19 new text begin (4) impose discipline as described in section new text end new text begin ; new text end 5.20 new text begin (5) maintain a record of names and addresses of massage therapists registered by new text end 5.21 new text begin this chapter; new text end 5.22 new text begin (6) keep a permanent record of all its proceedings; and new text end 5.23 new text begin (7) employ and establish the duties of personnel necessary to carry on its work. new text end 5.24    Sec. 7. new text begin [148.9861] REGISTERED MASSAGE THERAPIST ADVISORY new text end 5.25 new text begin COUNCIL. new text end 5.26     new text begin Subdivision 1. new text end new text begin Creation; membership. new text end new text begin (a) The Registered Massage Therapist new text end 5.27 new text begin Advisory Council is created and is composed of seven members appointed by the board. new text end 5.28 new text begin All members must have been residents of this state for at least three years prior to new text end 5.29 new text begin appointment. The advisory council consists of: new text end 5.30 new text begin (1) three public members, as defined in section new text end new text begin ; and new text end 5.31 new text begin (2) four members who, except for initial appointees, are registered massage new text end 5.32 new text begin therapists. new text end 6.1 new text begin (b) Initial appointees shall possess the qualifications necessary to become registered new text end 6.2 new text begin massage therapists and must do so as soon as applications for registration are available. A new text end 6.3 new text begin person may not be appointed to serve more than two consecutive full terms. new text end 6.4     new text begin Subd. 2. new text end new text begin Administration. new text end new text begin The advisory council shall be organized and administered new text end 6.5 new text begin under section new text end new text begin . The council shall not expire. new text end 6.6     new text begin Subd. 3. new text end new text begin Duties. new text end new text begin The advisory council shall advise the board regarding: new text end 6.7 new text begin (1) standards of practice and a code of ethics for registered massage therapists; new text end 6.8 new text begin (2) distribution of information regarding massage therapist standards; new text end 6.9 new text begin (3) enforcement of sections new text end new text begin to new text end new text begin ; new text end 6.10 new text begin (4) applications and make recommendations of applicants for registration or new text end 6.11 new text begin registration renewal; new text end 6.12 new text begin (5) complaints and recommendations regarding disciplinary matters and proceedings new text end 6.13 new text begin according to sections new text end new text begin , new text end new text begin , and new text end new text begin , subdivisions 6 and 7; new text end 6.14 new text begin (6) competency exams and approval of continuing education programs; and new text end 6.15 new text begin (7) perform other duties authorized for advisory councils under chapter 214, or new text end 6.16 new text begin as directed by the board. new text end 6.17    Sec. 8. new text begin [148.987] REGISTRATION REQUIREMENTS. new text end 6.18     new text begin Subdivision 1. new text end new text begin Registration. new text end new text begin To be eligible for registration under this chapter, new text end 6.19 new text begin an applicant must: new text end 6.20 new text begin (1) pay fees under section new text end new text begin ; new text end 6.21 new text begin (2) submit to procedures specified by the board for obtaining a criminal background new text end 6.22 new text begin check. The applicant shall pay fees associated with obtaining the criminal background new text end 6.23 new text begin check. The background check shall include records of the Minnesota Bureau of Criminal new text end 6.24 new text begin Apprehension and the Federal Bureau of Investigation and the results shall be forwarded new text end 6.25 new text begin directly to the board; and new text end 6.26 new text begin (3) file a written application on a form provided by the board that includes: new text end 6.27 new text begin (i) the applicant's name, Social Security number, home address and telephone new text end 6.28 new text begin number, business address and telephone number, and business setting; new text end 6.29 new text begin (ii) provide proof, as required by the board, of: new text end 6.30 new text begin (A) having obtained a high school diploma or its equivalent; new text end 6.31 new text begin (B) being 18 years of age or older; new text end 6.32 new text begin (C) current cardiopulmonary resuscitation and first aid certification; and new text end 6.33 new text begin (D) current professional liability insurance coverage, with a minimum of $1,000,000 new text end 6.34 new text begin of coverage per occurrence; new text end 7.1 new text begin (iii) unless registered under subdivision 3 or 4, evidence satisfactory to the board of new text end 7.2 new text begin the successful completion of an approved education program; new text end 7.3 new text begin (iv) unless registered under subdivision 3 or 4, evidence satisfactory to the board of new text end 7.4 new text begin having passed a board-approved competency exam; new text end 7.5 new text begin (v) a description of any continuing education programming in which the applicant new text end 7.6 new text begin claims or advertises competence; new text end 7.7 new text begin (vi) a list of credentials or memberships held in other states or from private new text end 7.8 new text begin credentialing or professional organizations; new text end 7.9 new text begin (vii) a description of any other state or municipality's refusal to credential the new text end 7.10 new text begin applicant; new text end 7.11 new text begin (viii) a description of all professional disciplinary actions initiated against the new text end 7.12 new text begin applicant in any jurisdiction; new text end 7.13 new text begin (ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction; new text end 7.14 new text begin (x) additional information as requested by the board; new text end 7.15 new text begin (xi) the applicant's signature on a statement that the information in the application is new text end 7.16 new text begin true and correct to the best of the applicant's knowledge; and new text end 7.17 new text begin (xii) the applicant's signature on a waiver authorizing the board to obtain access to new text end 7.18 new text begin the applicant's records in this state or any other state in which the applicant has completed new text end 7.19 new text begin an education program approved by the board or engaged in the practice of massage therapy. new text end 7.20     new text begin Subd. 2. new text end new text begin Registration prohibited. new text end new text begin The board may deny an application for new text end 7.21 new text begin registration if the applicant: new text end 7.22 new text begin (1) has been convicted in this state of any of the following crimes, or in another new text end 7.23 new text begin state of equivalent crimes: new text end 7.24 new text begin (i) prostitution as defined under section new text end new text begin , new text end new text begin , and new text end new text begin ; new text end 7.25 new text begin (ii) sexual attack as defined under section new text end new text begin ; new text end 7.26 new text begin (iii) criminal sexual conduct under sections new text end new text begin to new text end new text begin , or new text end new text begin ; or new text end 7.27 new text begin (iv) is a registered sex offender under section new text end new text begin ; new text end 7.28 new text begin (2) has had the ability to practice the natural health procedures, practices, and new text end 7.29 new text begin treatments in chapter 146A revoked, suspended, or limited with conditions under the new text end 7.30 new text begin provisions of chapter 146A, if the board determines the denial is necessary to protect new text end 7.31 new text begin the public; or new text end 7.32 new text begin (3) is charged or under investigation for complaints that would constitute a violation new text end 7.33 new text begin of the laws or rules established for the practice of massage therapy in this or any other new text end 7.34 new text begin state, the applicant shall not be registered until the complaints have been resolved in the new text end 7.35 new text begin applicant's favor. If a complaint is resolved in favor of the complainant, the application new text end 7.36 new text begin for registration may be denied. new text end 8.1     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 new text end 8.2 new text begin endorsement, the applicant shall: new text end 8.3 new text begin (1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3), new text end 8.4 new text begin items (i), (ii), and (v) to (xii); and new text end 8.5 new text begin (2) provide proof of a current and unrestricted credential for the practice of massage new text end 8.6 new text begin therapy in another state that has credentialing requirements at least equivalent to the new text end 8.7 new text begin requirements under this chapter. Proof shall include records as required by rules of the new text end 8.8 new text begin board. new text end 8.9 new text begin (b) In the event that a disciplinary proceeding or unresolved complaint is pending new text end 8.10 new text begin for a complaint regarding an action of the applicant that would constitute a violation new text end 8.11 new text begin of sections new text end new text begin to new text end new text begin , or rules adopted by the board, the applicant shall not new text end 8.12 new text begin be registered in this state until the proceeding or complaint has been resolved in the new text end 8.13 new text begin applicant's favor. If a complaint is resolved in favor of the complainant, the application for new text end 8.14 new text begin licensure may be denied. new text end 8.15 new text begin (c) Registrations issued by endorsement shall expire on the same schedule and be new text end 8.16 new text begin renewed by the same procedures as registrations issued under subdivision 1. new text end 8.17 new text begin (d) An applicant for registration by endorsement may apply to the board for a new text end 8.18 new text begin temporary permit under subdivision 5. new text end 8.19     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 new text end 8.20 new text begin grandfathering, the applicant shall: new text end 8.21 new text begin (1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3), new text end 8.22 new text begin items (i), (ii), and (v) to (xii); and new text end 8.23 new text begin (2) provide proof specified by the board demonstrating the applicant has met at new text end 8.24 new text begin least one of the following qualifications: new text end 8.25 new text begin (i) successful completion of at least 500 hours of supervised classroom and hands-on new text end 8.26 new text begin instruction relating to massage therapy which may be established by an official transcript, new text end 8.27 new text begin certificate of completion, or other record as approved by the board; new text end 8.28 new text begin (ii) successful completion of one of the board-approved competency exams which new text end 8.29 new text begin shall be established by submitting records as required by the board; new text end 8.30 new text begin (iii) employment for at least the previous two years prior to the effective date of new text end 8.31 new text begin sections new text end new text begin to new text end new text begin in the practice of massage therapy which shall be established new text end 8.32 new text begin by Internal Revenue Service income tax return forms, business records, or other records as new text end 8.33 new text begin approved by the board; or new text end 8.34 new text begin (iv) active membership in a professional organization for at least two years prior to new text end 8.35 new text begin the effective date of sections new text end new text begin to new text end new text begin which shall be established by a letter new text end 9.1 new text begin verifying the applicant's initial membership date and current standing sent directly to the new text end 9.2 new text begin board from the professional organization, or other records as approved by the board. new text end 9.3 new text begin (b) Registrations issued by grandfathering shall expire on the same schedule and be new text end 9.4 new text begin renewed by the same procedures as registrations issued under subdivision 1. new text end 9.5 new text begin (c) Registration by grandfathering is effective for one year after the first date the new text end 9.6 new text begin board has made applications available. new text end 9.7 new text begin (d) An applicant for registration by grandfathering may apply to the board for a new text end 9.8 new text begin temporary permit under subdivision 5. new text end 9.9     new text begin Subd. 5. new text end new text begin Temporary permit. new text end new text begin The board may issue a temporary permit to practice new text end 9.10 new text begin as a registered massage therapist to an applicant eligible for registration under this section new text end 9.11 new text begin if the application for registration is complete, all applicable requirements in this section new text end 9.12 new text begin have been met, and the fee required in section new text end new text begin has been paid. The temporary new text end 9.13 new text begin permit is valid until the board makes a decision on the massage therapist's application new text end 9.14 new text begin for registration. new text end 9.15    Sec. 9. new text begin [148.9871] EXPIRATION AND RENEWAL. new text end 9.16     new text begin Subdivision 1. new text end new text begin Registration expiration. new text end new text begin Registrations issued under section new text end new text begin new text end 9.17 new text begin expire annually. new text end 9.18     new text begin Subd. 2. new text end new text begin Renewal. new text end new text begin To be eligible for registration renewal a registrant must: new text end 9.19 new text begin (1) annually, or as determined by the board, complete a renewal application on a new text end 9.20 new text begin form provided by the board; new text end 9.21 new text begin (2) submit the renewal fee; new text end 9.22 new text begin (3) provide evidence every two years of a total of 12 contact hours of approved new text end 9.23 new text begin continuing education in section new text end new text begin ; and new text end 9.24 new text begin (4) submit any additional information requested by the board to clarify information new text end 9.25 new text begin presented in the renewal application. The information must be submitted within 30 days new text end 9.26 new text begin after the board's request, or the renewal request is nullified. new text end 9.27     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 new text end 9.28 new text begin the board within 30 days, in writing, of the change of address. Notices or other new text end 9.29 new text begin correspondence mailed to or served on a registrant at the registrant's current address on new text end 9.30 new text begin file shall be considered received by the registrant. new text end 9.31     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 new text end 9.32 new text begin renewal date, the board shall send out a renewal notice to the last known address of the new text end 9.33 new text begin registrant on file. The notice must include a renewal application and a notice of fees new text end 9.34 new text begin required for renewal. The notice must inform the registrant that registration will expire new text end 9.35 new text begin without further action by the board if an application for registration renewal is not received new text end 10.1 new text begin before the deadline for renewal. The registrant's failure to receive this notice shall not new text end 10.2 new text begin relieve the registrant of the obligation to meet the deadline and other requirements new text end 10.3 new text begin for registration renewal. Failure to receive this notice is not grounds for challenging new text end 10.4 new text begin expiration of registered status. new text end 10.5     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 new text end 10.6 new text begin on or before October 1 of the year of renewal or as determined by the board. If the new text end 10.7 new text begin postmark is illegible, the application shall be considered timely if received by the third new text end 10.8 new text begin working day after the deadline. new text end 10.9     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 new text end 10.10 new text begin placed in inactive status upon application to the board by the registrant and upon payment new text end 10.11 new text begin of an inactive status fee. new text end 10.12 new text begin (b) A registrant seeking restoration to active from inactive status must pay the new text end 10.13 new text begin current renewal fees and all unpaid back inactive fees. The registrant must meet the new text end 10.14 new text begin criteria for renewal specified in subdivision 7, including continuing education hours new text end 10.15 new text begin equivalent to one hour for each month of inactive status, prior to submitting an application new text end 10.16 new text begin to regain registered status. If the inactive status extends beyond five years, a qualifying new text end 10.17 new text begin score on a competency exam is required. new text end 10.18     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 10.19 new text begin For an individual whose registration status has lapsed for two years or less, to regain new text end 10.20 new text begin registration status, the individual must: new text end 10.21 new text begin (1) apply for registration renewal according to subdivision 2; new text end 10.22 new text begin (2) document compliance with the continuing education requirements in section new text end 10.23 new text begin since the registrant's initial registration or last renewal; and new text end 10.24 new text begin (3) submit the fees required in section new text end new text begin for the period not registered, new text end 10.25 new text begin including the fee for late renewal. new text end 10.26     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, new text end 10.27 new text begin reinstate, or restore a registration that has lapsed and has not been renewed within two new text end 10.28 new text begin years. A registrant whose registration is canceled for nonrenewal must obtain a new new text end 10.29 new text begin registration by applying for registration and fulfilling all requirements then in existence new text end 10.30 new text begin for initial registration as a massage therapist. new text end 10.31     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 new text end 10.32 new text begin active registration as a massage therapist in this state may, upon approval of the board, be new text end 10.33 new text begin granted registration cancellation if the board is not investigating the person as a result of a new text end 10.34 new text begin complaint or information received or if the board has not begun disciplinary proceedings new text end 10.35 new text begin against the registrant. This action by the board shall be reported as a cancellation of new text end 10.36 new text begin registration in good standing. new text end 11.1 new text begin (b) A registrant who receives board approval for registration cancellation is not new text end 11.2 new text begin entitled to a refund of any registration fees paid for the registration period in which new text end 11.3 new text begin cancellation of the registration occurred. new text end 11.4 new text begin (c) To obtain registration after cancellation, a registrant must obtain a new new text end 11.5 new text begin registration by applying for registration and fulfilling the requirements then in existence new text end 11.6 new text begin for obtaining initial registration as a massage therapist. new text end 11.7    Sec. 10. new text begin [148.988] MASSAGE THERAPY PROGRAM. new text end 11.8     new text begin Subdivision 1. new text end new text begin Initial approval. new text end new text begin An institution desiring to conduct a massage new text end 11.9 new text begin therapy program from which graduates will be eligible for registration under section new text end 11.10 new text begin shall apply to the board, pay fees under section new text end new text begin , and submit evidence new text end 11.11 new text begin that the institution is: new text end 11.12 new text begin (1) teaching or prepared to teach a program of at least 500 contact hours of combined new text end 11.13 new text begin massage therapy theory and practice training; new text end 11.14 new text begin (2) licensed by the Minnesota Office of Higher Education or equivalent agency in new text end 11.15 new text begin another state; new text end 11.16 new text begin (3) accredited by an agency recognized by the United States Secretary of Education new text end 11.17 new text begin for accrediting such programs or institutions: new text end 11.18 new text begin (i) schools without accreditation must meet the requirements of clauses (1) and new text end 11.19 new text begin (2), must be in the accreditation application process, and must gain accreditation within new text end 11.20 new text begin two years of the effective date of sections new text end new text begin to new text end new text begin or within two years of new text end 11.21 new text begin commencing operations as a massage therapy program, whichever is later; and new text end 11.22 new text begin (ii) an applicant for registration who graduates from a program prior to the program new text end 11.23 new text begin becoming accredited must pass an approved competency exam; and new text end 11.24 new text begin (4) prepared to meet other standards established by law and by the board. new text end 11.25     new text begin Subd. 2. new text end new text begin Continuing approval. new text end new text begin An approved program shall annually make new text end 11.26 new text begin application to continue approval based on the conditions of subdivision 1. new text end 11.27     new text begin Subd. 3. new text end new text begin Loss of approval. new text end new text begin If the board determines that an approved massage new text end 11.28 new text begin therapy program is not maintaining the standards required by applicable law and rules, new text end 11.29 new text begin notice in writing specifying the defect shall be given to the program. If a program fails to new text end 11.30 new text begin correct these conditions to the satisfaction of the board within a reasonable time set in new text end 11.31 new text begin the notice of defect, approval of the program may be revoked and the program shall be new text end 11.32 new text begin removed from the list of approved massage therapy programs. new text end 11.33     new text begin Subd. 4. new text end new text begin Reinstatement of approval. new text end new text begin The board may reinstate approval of a new text end 11.34 new text begin massage therapy program upon submission of satisfactory evidence that its program of new text end 12.1 new text begin theory and practice, state licensure, and accreditation meets the standards required by law new text end 12.2 new text begin and rules then in effect. new text end 12.3    Sec. 11. new text begin [148.9881] CONTINUING EDUCATION. new text end 12.4     new text begin Subdivision 1. new text end new text begin Number of required contact hours. new text end new text begin A registered massage therapist new text end 12.5 new text begin shall complete during every two-year period at least the equivalent of 12 contact hours of new text end 12.6 new text begin continuing education in programs approved by the board. new text end 12.7     new text begin Subd. 2. new text end new text begin Approved programs. new text end new text begin The board may approve continuing education new text end 12.8 new text begin programs that have been taught, sponsored, or approved by: new text end 12.9 new text begin (1) an approved credentialing or professional organization; new text end 12.10 new text begin (2) state licensed health care facility; new text end 12.11 new text begin (3) an accredited college or university; or new text end 12.12 new text begin (4) a board-approved school. new text end 12.13     new text begin Subd. 3. new text end new text begin Approval of continuing education programs. new text end new text begin The board may also new text end 12.14 new text begin approve continuing education programs that do not meet the requirements of subdivision 2 new text end 12.15 new text begin but pay fees under section new text end new text begin and meet all of the following criteria: new text end 12.16 new text begin (1) the program content directly relates to the practice of massage therapy; new text end 12.17 new text begin (2) each member of the program faculty is knowledgeable in the subject matter as new text end 12.18 new text begin demonstrated by a degree from an accredited education program, verifiable experience in new text end 12.19 new text begin the field of massage therapy, special training in the subject matter, or experience teaching new text end 12.20 new text begin in the subject area; new text end 12.21 new text begin (3) the program lasts at least 50 minutes per contact hour; new text end 12.22 new text begin (4) there are specific, measurable, written objectives, consistent with the program, new text end 12.23 new text begin describing the expected outcomes for the participants; and new text end 12.24 new text begin (5) the program sponsor has a mechanism to verify participation and maintains new text end 12.25 new text begin attendance records for three years. new text end 12.26     new text begin Subd. 4. new text end new text begin Accumulation of contact hours. new text end new text begin A registrant may not apply contact hours new text end 12.27 new text begin acquired in one two-year reporting period to a future continuing education reporting new text end 12.28 new text begin period. new text end 12.29     new text begin Subd. 5. new text end new text begin Verification of continuing education. new text end new text begin The board shall periodically select new text end 12.30 new text begin a random sample of registrants and require those registrants to supply the board with new text end 12.31 new text begin evidence of having completed the continuing education to which they attested. new text end 12.32     new text begin Subd. 6. new text end new text begin Continuing education topics. new text end new text begin Continuing education program topics may new text end 12.33 new text begin include, but are not limited to, techniques, modalities, and theory directly relating to new text end 12.34 new text begin the practice of massage therapy, business practices, pathology, prevention of spreading new text end 13.1 new text begin disease and medical errors, treatment contraindications, anatomy and physiology, areas of new text end 13.2 new text begin professional ethics, research literacy, or other coursework as approved by the board. new text end 13.3     new text begin Subd. 7. new text end new text begin Continuing education exemptions. new text end new text begin The board may exempt any person new text end 13.4 new text begin holding a registration under section new text end new text begin from some or all of the requirements of new text end 13.5 new text begin subdivision 1 upon application showing evidence satisfactory to the board of inability to new text end 13.6 new text begin comply with the requirements because of physical or mental condition or because of other new text end 13.7 new text begin unusual or extenuating circumstances. No person may be exempted from the requirements new text end 13.8 new text begin of subdivision 1 more than once in any five-year period. new text end 13.9    Sec. 12. new text begin [148.9882] BOARD ACTION ON APPLICATIONS. new text end 13.10 new text begin (a) The board shall act on each application for registration according to paragraphs new text end 13.11 new text begin (b) to (d). new text end 13.12 new text begin (b) The board or advisory council shall determine if the applicant meets the new text end 13.13 new text begin requirements for registration or renewal under sections new text end new text begin and new text end new text begin . The board new text end 13.14 new text begin or advisory council may investigate information provided by an applicant to determine new text end 13.15 new text begin whether the information is accurate and complete, including requesting additional new text end 13.16 new text begin information or documentation. new text end 13.17 new text begin (c) The board shall notify each applicant in writing of action taken on the application, new text end 13.18 new text begin the grounds for denying registration if registration is denied, and the applicant's right new text end 13.19 new text begin to review under paragraph (d). new text end 13.20 new text begin (d) An applicant denied registration may make a written request to the board, within new text end 13.21 new text begin 30 days of the board's notice, to appear before the advisory council and for the advisory new text end 13.22 new text begin council to review the board's decision to deny the applicant's registration. After reviewing new text end 13.23 new text begin the denial, the advisory council shall make a recommendation to the board as to whether new text end 13.24 new text begin the denial shall be affirmed. An applicant is allowed only one request for review per new text end 13.25 new text begin registration period. new text end 13.26    Sec. 13. new text begin [148.9883] GROUNDS FOR DISCIPLINARY ACTION; new text end 13.27 new text begin MALTREATMENT OF MINORS. new text end 13.28     new text begin Subdivision 1. new text end new text begin Grounds listed. new text end new text begin The board may deny, revoke, suspend, limit, or new text end 13.29 new text begin condition the registration of a massage therapist registered or applying for registration new text end 13.30 new text begin as a massage therapist or may otherwise discipline a registrant as described in section new text end 13.31 new text begin . The fact that massage therapy may be a less customary approach to health care new text end 13.32 new text begin shall not constitute the basis for disciplinary action per se. The following are grounds for new text end 13.33 new text begin disciplinary action: new text end 14.1 new text begin (1) failure to demonstrate the qualifications or satisfy the requirements for new text end 14.2 new text begin registration as a massage therapist contained in sections new text end new text begin to new text end new text begin , or rules of new text end 14.3 new text begin the board. A person applying for registration has the burden of demonstrating the required new text end 14.4 new text begin qualifications or satisfy the requirements; new text end 14.5 new text begin (2) engaging in false, fraudulent, deceptive, or misleading advertising, including, new text end 14.6 new text begin but not limited to: new text end 14.7 new text begin (i) advertising, representing, or presenting as a "Registered Massage Therapist" or new text end 14.8 new text begin any abbreviation or derivative of this to indicate this title, when the registration is not new text end 14.9 new text begin valid or current for any reason; new text end 14.10 new text begin (ii) advertising, representing, or presenting as a "Licensed Massage Therapist" or new text end 14.11 new text begin any abbreviation or derivative of this to indicate this title, unless the practitioner currently new text end 14.12 new text begin holds a valid state license in another state and clearly indicates what state the credential new text end 14.13 new text begin is held in; new text end 14.14 new text begin (iii) advertising to offer a service that would constitute a violation of sections new text end 14.15 new text begin to new text end new text begin or rules adopted by the board shall be considered grounds for new text end 14.16 new text begin discipline, regardless of whether actual injury to a client is established; and new text end 14.17 new text begin (iv) using fraud, deceit, or misrepresentation when communicating with the general new text end 14.18 new text begin public, health care providers, or other business professionals; new text end 14.19 new text begin (3) falsified information in a massage therapy registration or renewal application new text end 14.20 new text begin or attempting to obtain registration, registration renewal, or reinstatement by fraud, new text end 14.21 new text begin deception, or misrepresentation, or aided and abetted any of these acts; new text end 14.22 new text begin (4) engaging in conduct with a client that is sexual or may reasonably be interpreted new text end 14.23 new text begin by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning new text end 14.24 new text begin to a client, or engaging in sexual exploitation of a client, without regard to who initiates new text end 14.25 new text begin the behaviors; new text end 14.26 new text begin (5) failure to refer a client to a general health care provider when the services new text end 14.27 new text begin required by the client are beyond the level of competence of the massage therapist or new text end 14.28 new text begin beyond the scope of practice of massage therapy in section new text end new text begin ; new text end 14.29 new text begin (6) committing an act of gross malpractice, negligence, or incompetency, or failing new text end 14.30 new text begin to practice massage therapy with the level of care, skill, and treatment that is recognized new text end 14.31 new text begin by a reasonably prudent massage therapist as being acceptable under similar conditions new text end 14.32 new text begin and circumstances, regardless of whether actual injury to the client occurs; new text end 14.33 new text begin (7) actual or potential inability to practice massage therapy with reasonable skill new text end 14.34 new text begin and safety to clients by reason of illness, as a result of any mental or physical condition, new text end 14.35 new text begin or use of alcohol, drugs, chemicals, or any other material, regardless of whether actual new text end 14.36 new text begin injury to the client occurs; new text end 15.1 new text begin (8) being adjudicated as mentally incompetent, mentally ill, a chemically dependent new text end 15.2 new text begin person, or a person dangerous to the public by a court of competent jurisdiction, within new text end 15.3 new text begin or without this state may be considered as evidence of the inability to practice massage new text end 15.4 new text begin therapy; new text end 15.5 new text begin (9) being the subject of disciplinary action as a massage therapist by another state or new text end 15.6 new text begin jurisdiction and the board or advisory council determines that the cause of the disciplinary new text end 15.7 new text begin action would be a violation under this state's laws or rules if the violation occurred in new text end 15.8 new text begin this state; new text end 15.9 new text begin (10) failure to notify the board of having had a credential revoked, suspended, new text end 15.10 new text begin or any other disciplinary action taken including restrictions on the right to practice, or new text end 15.11 new text begin an application for credential refused, revoked, suspended, or otherwise disciplined by new text end 15.12 new text begin authorities of another state, territory, or country; or surrendered or voluntarily terminated a new text end 15.13 new text begin credential during a board investigation of a complaint, as part of a disciplinary order, or new text end 15.14 new text begin while under a disciplinary order; new text end 15.15 new text begin (11) being convicted of or pled guilty or nolo contendere to a felony or other new text end 15.16 new text begin crime, an element of which is dishonesty or fraud, or proven to have engaged in acts new text end 15.17 new text begin or practice showing that the applicant or registrant is incompetent or has engaged in new text end 15.18 new text begin conduct reflecting adversely on the applicant's or registrant's ability or fitness to engage in new text end 15.19 new text begin the practice of massage therapy; new text end 15.20 new text begin (12) practicing or offering to practice beyond the scope of the practice of massage new text end 15.21 new text begin therapy; new text end 15.22 new text begin (13) improperly managing client records and information including, but not limited new text end 15.23 new text begin to, failure to maintain adequate client records, comply with a client's request made under new text end 15.24 new text begin sections new text end new text begin to new text end new text begin , furnish a client record or report required by law; new text end 15.25 new text begin (14) revealing a privileged communication from or relating to a client except when new text end 15.26 new text begin otherwise required or permitted by law; new text end 15.27 new text begin (15) providing massage therapy services that are in any way linked to the financial new text end 15.28 new text begin gain of a referral source; new text end 15.29 new text begin (16) obtaining money, property, or services from a client, other than reasonable new text end 15.30 new text begin fees for services provided to the client, through the use of undue influence, harassment, new text end 15.31 new text begin duress, deception, or fraud; new text end 15.32 new text begin (17) engaging in abusive or fraudulent billing practices, including violations of new text end 15.33 new text begin federal Medicare and Medicaid laws or state medical assistance laws; new text end 15.34 new text begin (18) failure to consult the client's health care provider who recommended a course new text end 15.35 new text begin of massage therapy treatment if the treatment needs to be altered from the original new text end 16.1 new text begin written recommendations to conform with standards in the massage therapy field or the new text end 16.2 new text begin practitioner's level of training or experience; new text end 16.3 new text begin (19) failure to cooperate with an investigation of the board or its representative, new text end 16.4 new text begin including responding fully and promptly to any question raised by or on behalf of the new text end 16.5 new text begin board relating to the subject of the investigation, executing all releases requested by new text end 16.6 new text begin the board, providing copies of client records, requested by the board to assist it in its new text end 16.7 new text begin investigation, and appearing at conferences or hearings scheduled by the board or its staff; new text end 16.8 new text begin (20) interfering with an investigation or disciplinary proceeding, including by willful new text end 16.9 new text begin misrepresentation of facts or by the use of threats or harassment to prevent a person from new text end 16.10 new text begin providing evidence in a disciplinary proceeding or any legal action; new text end 16.11 new text begin (21) violating a law, rule, order, or agreement for corrective action that the board new text end 16.12 new text begin issued or is otherwise authorized or empowered to enforce; new text end 16.13 new text begin (22) failure to report to the board other massage therapists who commit violations new text end 16.14 new text begin of this chapter; or new text end 16.15 new text begin (23) failure to notify the board, in writing, of the entry of a final judgment by a new text end 16.16 new text begin court of competent jurisdiction against the registrant for malpractice of massage therapy new text end 16.17 new text begin or any settlement by the registrant in response to charges or allegations of malpractice new text end 16.18 new text begin of massage therapy. new text end 16.19 new text begin The notice in clause (23) must be provided to the board within 60 days after the new text end 16.20 new text begin entry of the judgment or settlement and, in the case of a judgment, must contain the name new text end 16.21 new text begin of the court, the case number, and the names of all parties to the action. new text end 16.22     new text begin Subd. 2. new text end new text begin Maltreatment of minors. new text end new text begin Nothing in sections new text end new text begin to new text end new text begin shall new text end 16.23 new text begin restrict the ability of a local or state agency to take action regarding the maltreatment of new text end 16.24 new text begin minors under section new text end new text begin or new text end new text begin . A parent who obtains massage therapy services new text end 16.25 new text begin for the parent's minor child is not relieved of the duty to seek necessary medical care new text end 16.26 new text begin consistent with the requirements of sections new text end new text begin and new text end new text begin . A registered massage new text end 16.27 new text begin therapist who is providing services to a child who is not receiving necessary medical care new text end 16.28 new text begin must make a report under section new text end new text begin . A registered massage therapist is a mandated new text end 16.29 new text begin reporter under section new text end new text begin , subdivision 3. new text end 16.30     new text begin Subd. 3. new text end new text begin Evidence. new text end new text begin In disciplinary actions alleging a violation of subdivision 1, new text end 16.31 new text begin a copy of the judgment or proceeding under the seal of the court administrator or of the new text end 16.32 new text begin administrative agency that entered the judgment or proceeding is admissible into evidence new text end 16.33 new text begin without further authentication and constitutes prima facie evidence of the violation. new text end 16.34     new text begin Subd. 4. new text end new text begin Examination; access to medical data. new text end new text begin (a) The board may take the new text end 16.35 new text begin following actions if it has probable cause to believe that grounds for disciplinary action new text end 16.36 new text begin exist under subdivision 1, clause (7) or (8): new text end 17.1 new text begin (1) direct the applicant or massage therapist to submit to a mental or physical new text end 17.2 new text begin examination or chemical dependency evaluation. For the purpose of this subdivision, when new text end 17.3 new text begin a massage therapist registered under sections new text end new text begin to new text end new text begin is directed in writing new text end 17.4 new text begin by the board to submit to a mental or physical examination or chemical dependency new text end 17.5 new text begin evaluation, that person is considered to have consented and to have waived all objections to new text end 17.6 new text begin admissibility on the grounds of privilege. Failure of the applicant or massage therapist to new text end 17.7 new text begin submit to an examination when directed constitutes an admission of the allegations against new text end 17.8 new text begin the applicant or massage therapist, unless the failure was due to circumstances beyond the new text end 17.9 new text begin person's control, and the board may enter a default and final order without taking testimony new text end 17.10 new text begin or allowing evidence to be presented. A massage therapist affected under this paragraph new text end 17.11 new text begin shall, at reasonable intervals, be given an opportunity to demonstrate that the competent new text end 17.12 new text begin practice of massage therapy can be resumed with reasonable skill and safety to clients. new text end 17.13 new text begin Neither the record of proceedings nor the order entered by the board in a proceeding under new text end 17.14 new text begin this paragraph may be used against a massage therapist in any other proceeding; and new text end 17.15 new text begin (2) notwithstanding sections new text end new text begin , new text end new text begin , and new text end new text begin , or any other law limiting new text end 17.16 new text begin access to medical or other health data, obtain medical data and health records relating to a new text end 17.17 new text begin registered massage therapist or applicant for registration without that person's consent. new text end 17.18 new text begin The medical data may be requested from a provider as defined in section new text end new text begin , new text end 17.19 new text begin subdivision 2, paragraph (h), an insurance company, or a government agency. A provider, new text end 17.20 new text begin insurance company, or government agency shall comply with any written request of the new text end 17.21 new text begin board under this subdivision and is not liable in any action for damages for releasing the new text end 17.22 new text begin data requested by the board if the data are released according to a written request under new text end 17.23 new text begin this subdivision unless the information is false and the provider giving the information new text end 17.24 new text begin knew, or had reason to believe, the information was false. Information obtained under this new text end 17.25 new text begin subdivision is classified as private data on individuals as defined in section new text end new text begin . new text end 17.26    Sec. 14. new text begin [148.9884] FORMS OF DISCIPLINARY ACTION; AUTOMATIC new text end 17.27 new text begin SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE. new text end 17.28     new text begin Subdivision 1. new text end new text begin Forms of disciplinary action. new text end new text begin When the board finds that grounds new text end 17.29 new text begin for disciplinary action exist under section new text end new text begin , the board may take one or more new text end 17.30 new text begin of the following actions: new text end 17.31 new text begin (1) deny the registration or registration renewal; new text end 17.32 new text begin (2) revoke the registration; new text end 17.33 new text begin (3) suspend the registration; new text end 18.1 new text begin (4) impose limitations on the massage therapist's practice of massage therapy new text end 18.2 new text begin including, but not limited to, limitation of scope of practice or the requirement of practice new text end 18.3 new text begin under supervision; new text end 18.4 new text begin (5) impose conditions on the retention of the registration including, but not limited new text end 18.5 new text begin to, the imposition of retraining or rehabilitation requirements or the conditioning of new text end 18.6 new text begin continued practice on demonstration of knowledge or skills by appropriate examination, new text end 18.7 new text begin monitoring, or other review; new text end 18.8 new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation, the new text end 18.9 new text begin amount of the civil penalty to be fixed as to deprive the massage therapist of any economic new text end 18.10 new text begin advantage gained by reason of the violation charged, to reimburse the board for the cost of new text end 18.11 new text begin counsel, investigation, and proceeding, and to discourage repeated violations; new text end 18.12 new text begin (7) order the massage therapist to provide unremunerated service; new text end 18.13 new text begin (8) censure or reprimand the massage therapist; or new text end 18.14 new text begin (9) any other action justified by the facts in the case. new text end 18.15     new text begin Subd. 2. new text end new text begin Automatic suspension. new text end new text begin (a) Unless the board orders otherwise, a new text end 18.16 new text begin registration to practice massage therapy is automatically suspended if: new text end 18.17 new text begin (1) a guardian of a massage therapist is appointed by court order under chapter 524; new text end 18.18 new text begin (2) the massage therapist is committed by court order under chapter 253B; or new text end 18.19 new text begin (3) the massage therapist is determined to be mentally incompetent, mentally ill, new text end 18.20 new text begin chemically dependent, or a person dangerous to the public by a court of competent new text end 18.21 new text begin jurisdiction within or without this state. new text end 18.22 new text begin (b) The registration remains suspended until the massage therapist is restored new text end 18.23 new text begin to capacity by a court and, upon petition by the massage therapist, the suspension is new text end 18.24 new text begin terminated by the board after a hearing or upon agreement between the board and the new text end 18.25 new text begin massage therapist. new text end 18.26     new text begin Subd. 3. new text end new text begin Temporary suspension of registration. new text end new text begin In addition to any other remedy new text end 18.27 new text begin provided by law, the board may, through its advisory council, designated board member, new text end 18.28 new text begin or representative under section new text end new text begin , subdivision 2, temporarily suspend the registration new text end 18.29 new text begin of a massage therapist without a hearing if the board finds that there is probable cause to new text end 18.30 new text begin believe the massage therapist has violated a law or rule the board is empowered to enforce new text end 18.31 new text begin and continued practice by the massage therapist would create a serious risk of harm to new text end 18.32 new text begin others. The suspension shall take effect upon written notice to the massage therapist, new text end 18.33 new text begin serviced by first-class mail, specifying the law or rule violated. The suspension shall new text end 18.34 new text begin remain in effect until the board issues a temporary stay of suspension or a final order in the new text end 18.35 new text begin matter after a hearing or upon agreement between the board and the massage therapist. At new text end 18.36 new text begin the time the board issues the suspension notice, the board shall schedule a disciplinary new text end 19.1 new text begin hearing to be held under chapter 14. The massage therapist shall be provided with at least new text end 19.2 new text begin 20 days' notice of any hearing held under this subdivision. The hearing shall be scheduled new text end 19.3 new text begin to begin no later than 30 days after the issuance of the suspension order. new text end 19.4     new text begin Subd. 4. new text end new text begin Reissuance. new text end new text begin The board may reinstate and reissue a registration for massage new text end 19.5 new text begin therapy, but as a condition may impose any disciplinary or corrective measure that it might new text end 19.6 new text begin originally have imposed. A person whose registration has been revoked, suspended, or new text end 19.7 new text begin limited may have the registration reinstated and a new registration issued when, in the new text end 19.8 new text begin discretion of the board, the action is warranted, provided that the person is required by new text end 19.9 new text begin the board to pay the costs of the proceedings resulting in the revocation, suspension, or new text end 19.10 new text begin limitation of the registration and reinstatement of the registration, and to pay the fee for new text end 19.11 new text begin the current registration period. The cost of proceedings shall include, but not be limited new text end 19.12 new text begin to, the cost paid by the board to the Office of Administrative Hearings and the Office of new text end 19.13 new text begin the Attorney General for legal and investigative services, the costs of a court reporter and new text end 19.14 new text begin witnesses, reproduction of records, board staff time, travel, and expenses, and board new text end 19.15 new text begin members' per diem reimbursements, travel costs, and expenses. new text end 19.16    Sec. 15. new text begin [148.9885] REPORTING OBLIGATIONS. new text end 19.17     new text begin Subdivision 1. new text end new text begin Permission to report. new text end new text begin A person who has knowledge of any conduct new text end 19.18 new text begin constituting grounds for discipline under section new text end new text begin may report the alleged new text end 19.19 new text begin violation to the board. new text end 19.20     new text begin Subd. 2. new text end new text begin Institutions. new text end new text begin Any hospital, clinic, prepaid medical plan, or other health new text end 19.21 new text begin care institution or organization located in this state shall report to the board any action new text end 19.22 new text begin taken by the institution or organization or any of its administrators or committees to new text end 19.23 new text begin revoke, suspend, limit, or condition a massage therapist's privilege to practice in the new text end 19.24 new text begin institution, or as part of the organization, any denial of privileges, any dismissal from new text end 19.25 new text begin employment, or any other disciplinary action. The institution or organization shall also new text end 19.26 new text begin report the resignation of any massage therapist before the conclusion of any disciplinary new text end 19.27 new text begin proceeding, or before commencement of formal charges, but after the massage therapist new text end 19.28 new text begin has knowledge that formal charges are contemplated or in preparation. The reporting new text end 19.29 new text begin described by this subdivision is required only if the action pertains to grounds for new text end 19.30 new text begin disciplinary action under section new text end new text begin . new text end 19.31     new text begin Subd. 3. new text end new text begin Credentialed professionals. new text end new text begin A person credentialed by a health-related new text end 19.32 new text begin licensing board as defined in section new text end new text begin , subdivision 2, shall report to the board new text end 19.33 new text begin personal knowledge of any conduct the person reasonably believes constitutes grounds new text end 19.34 new text begin for disciplinary action under sections new text end new text begin to new text end new text begin by any massage therapist new text end 19.35 new text begin including conduct indicating that the massage therapist may be incompetent, may have new text end 20.1 new text begin engaged in unprofessional or unethical conduct, or may be mentally or physically unable new text end 20.2 new text begin to engage safely in the practice of massage therapy. new text end 20.3     new text begin Subd. 4. new text end new text begin Insurers. new text end new text begin Four times each year, by the first day of February, May, August, new text end 20.4 new text begin and November, each insurer authorized to sell insurance described in section new text end new text begin , new text end 20.5 new text begin subdivision 1, clause (13), and providing professional liability insurance to registered new text end 20.6 new text begin massage therapists shall submit to the board a report concerning any registered massage new text end 20.7 new text begin therapist against whom a malpractice award has been made or who has been a party to a new text end 20.8 new text begin settlement. The report must contain at least the following information: new text end 20.9 new text begin (1) the total number of settlements or awards; new text end 20.10 new text begin (2) the date settlement or award was made; new text end 20.11 new text begin (3) the allegations contained in the claim or complaint leading to the settlement new text end 20.12 new text begin or award; new text end 20.13 new text begin (4) the dollar amount of each malpractice settlement or award and whether that new text end 20.14 new text begin amount was paid as a result of a settlement or of an award; and new text end 20.15 new text begin (5) the name and address of the practice of the massage therapist against whom an new text end 20.16 new text begin award was made or with whom a settlement was made. new text end 20.17 new text begin An insurer shall also report to the board any information the insurer possesses that new text end 20.18 new text begin tends to substantiate a charge that a massage therapist may have engaged in conduct new text end 20.19 new text begin violating section new text end new text begin . new text end 20.20     new text begin Subd. 5. new text end new text begin Courts. new text end new text begin The court administrator of district court or another court of new text end 20.21 new text begin competent jurisdiction shall report to the board any judgment or other determination of new text end 20.22 new text begin the court that adjudges or includes a finding that a massage therapist is a person who is new text end 20.23 new text begin mentally ill, mentally incompetent, chemically dependent, dangerous to the public, guilty new text end 20.24 new text begin of a felony or gross misdemeanor, guilty of a violation of federal or state narcotics laws or new text end 20.25 new text begin controlled substances act, guilty of operating a motor vehicle while under the influence new text end 20.26 new text begin of alcohol or a controlled substance, or guilty of an abuse or fraud under Medicare or new text end 20.27 new text begin Medicaid, appoints a guardian of the massage therapist under chapter 524, or commits new text end 20.28 new text begin a massage therapist under chapter 253B. new text end 20.29     new text begin Subd. 6. new text end new text begin Deadlines; forms. new text end new text begin Reports required by subdivisions 2 to 5 must be new text end 20.30 new text begin submitted no later than 30 days after the occurrence of the reportable event or transaction. new text end 20.31 new text begin The board may provide forms for the submission of reports required by this section, may new text end 20.32 new text begin require that the reports be submitted on the forms provided, and may adopt rules necessary new text end 20.33 new text begin to assure prompt and accurate reporting. The advisory panel shall review all reports, new text end 20.34 new text begin including those submitted after the deadline, and make recommendations to the board. new text end 20.35    Sec. 16. new text begin [148.9886] IMMUNITY. new text end 21.1     new text begin Subdivision 1. new text end new text begin Reporting. new text end new text begin A person, health care facility, business, or organization is new text end 21.2 new text begin immune from civil liability or criminal prosecution for submitting in good faith a report to new text end 21.3 new text begin the board under section new text end new text begin or for otherwise reporting in good faith to the board new text end 21.4 new text begin violations or alleged violations of section new text end new text begin . The reports are investigative data new text end 21.5 new text begin as defined in chapter 13. new text end 21.6     new text begin Subd. 2. new text end new text begin Investigation. new text end new text begin (a) Members of the advisory council, board, and persons new text end 21.7 new text begin employed by the board or engaged in the investigation of violations and in the preparation new text end 21.8 new text begin and management of charges of violations of section new text end new text begin on behalf of the advisory new text end 21.9 new text begin council, board, or persons participating in the investigation or testifying regarding charges new text end 21.10 new text begin of violations are immune from civil liability and criminal prosecution for any actions, new text end 21.11 new text begin transactions, or publications in the execution of, or relating to, their duties under section new text end 21.12 new text begin . new text end 21.13 new text begin (b) Members of the advisory council, board, and persons employed by the board or new text end 21.14 new text begin engaged in maintaining records and making reports regarding adverse health care events new text end 21.15 new text begin are immune from civil liability and criminal prosecution for any actions, transactions, new text end 21.16 new text begin or publications in the execution of or relating to their duties under sections new text end new text begin to new text end 21.17 new text begin . new text end 21.18    Sec. 17. new text begin [148.9887] MASSAGE THERAPIST COOPERATION. new text end 21.19 new text begin A massage therapist who is the subject of an investigation by or on behalf of the new text end 21.20 new text begin board shall cooperate fully with the investigation. Cooperation includes responding fully new text end 21.21 new text begin and promptly to all questions raised by or on behalf of the board relating to the subject of new text end 21.22 new text begin the investigation and providing copies of client or other records in the massage therapist's new text end 21.23 new text begin possession, requested by the advisory council or board, to assist the advisory council new text end 21.24 new text begin or board's investigation, and to appear at conferences and hearings scheduled by the new text end 21.25 new text begin advisory council or board. The board shall pay for copies requested. If the advisory new text end 21.26 new text begin council or board does not have a written consent from a client permitting access to the new text end 21.27 new text begin client's records, the massage therapist or employer of the massage therapist at the time new text end 21.28 new text begin of the alleged violation shall delete any data in the record that identifies the client before new text end 21.29 new text begin providing it to the advisory council or board. The board shall maintain any records new text end 21.30 new text begin obtained under this section as investigative data under chapter 13. The massage therapist new text end 21.31 new text begin shall not be excused from giving testimony or producing any documents, books, records, new text end 21.32 new text begin or correspondence on the grounds of self-incrimination, but the testimony or evidence new text end 21.33 new text begin may not be used against the massage therapist in any criminal case. new text end 21.34    Sec. 18. new text begin [148.9888] DISCIPLINARY RECORD ON JUDICIAL REVIEW. new text end 22.1 new text begin Upon judicial review of any board disciplinary action taken under section new text end new text begin , new text end 22.2 new text begin the reviewing court shall seal the administrative record, except for the board's final new text end 22.3 new text begin decision, and shall not make the administrative record available to the public. new text end 22.4    Sec. 19. new text begin [148.9889] EFFECT ON MUNICIPAL ORDINANCES. new text end 22.5     new text begin Subdivision 1. new text end new text begin License authority. new text end new text begin The provisions of sections new text end new text begin to new text end new text begin new text end 22.6 new text begin preempt the licensure and regulation of a registered massage therapist by a municipality, new text end 22.7 new text begin including, without limitation, conducting a criminal background investigation and new text end 22.8 new text begin examination of a massage therapist or applicant for a municipal credential to practice new text end 22.9 new text begin massage therapy. new text end 22.10     new text begin Subd. 2. new text end new text begin Business license or permit. new text end new text begin The provisions of this chapter do not prohibit new text end 22.11 new text begin a municipality from requiring a massage therapist to obtain a license or permit to transact new text end 22.12 new text begin business within the jurisdiction of the municipality, if the license or permit is required of new text end 22.13 new text begin other persons, regardless of occupation or profession, who transact business within the new text end 22.14 new text begin jurisdiction of the municipality. A massage therapist working under a business license or new text end 22.15 new text begin permit must follow the requirement in section 325F.816. new text end 22.16     new text begin Subd. 3. new text end new text begin Prosecuting authority. new text end new text begin The provisions of this chapter do not prohibit any new text end 22.17 new text begin municipality of this state from prosecuting: new text end 22.18 new text begin (1) an unregistered person engaged in the practice of massage therapy; or new text end 22.19 new text begin (2) a registered massage therapist who is engaged in unlawful conduct. new text end 22.20    Sec. 20. new text begin [148.989] FEES. new text end 22.21     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 22.22 new text begin (1) initial registration with application, $272; new text end 22.23 new text begin (2) annual registration renewal, $172; new text end 22.24 new text begin (3) initial school approval with accreditation, $300; new text end 22.25 new text begin (4) initial school approval without accreditation, $450; new text end 22.26 new text begin (5) school approval renewal, $175; new text end 22.27 new text begin (6) continuing education program approval, $40; new text end 22.28 new text begin (7) duplicate registration certificate, $30; new text end 22.29 new text begin (8) late fee, $40; new text end 22.30 new text begin (9) inactive status and inactive to active status reactivation, $100; new text end 22.31 new text begin (10) temporary permit, $50; and new text end 22.32 new text begin (11) returned check, $35. new text end 22.33     new text begin Subd. 2. new text end new text begin Proration of fees. new text end new text begin The board may prorate the initial registration fee. All new text end 22.34 new text begin registrants are required to pay the full fee upon registration renewal. new text end 23.1     new text begin Subd. 3. new text end new text begin Penalty fee for late renewals. new text end new text begin An application for registration renewal new text end 23.2 new text begin submitted after the deadline must be accompanied by a late fee in addition to the required new text end 23.3 new text begin fees. new text end 23.4     new text begin Subd. 4. new text end new text begin Nonrefundable fees. new text end new text begin All of the fees in subdivision 1 are nonrefundable. new text end 23.5     new text begin Subd. 5. new text end new text begin Deposit. new text end new text begin Fees collected by the board under this section shall be deposited new text end 23.6 new text begin into the state government special revenue fund. new text end 23.7    Sec. 21. new text begin EFFECTIVE DATE. new text end 23.8 new text begin This article is effective August 1, 2010. new text end 23.9ARTICLE 2 23.10CONFORMING AMENDMENTS 23.11    Section 1. Minnesota Statutes 2008, section 116J.70, subdivision 2a, is amended to 23.12read: 23.13    Subd. 2a. License; exceptions. "Business license" or "license" does not include 23.14the following: 23.15(1) any occupational license or registration issued by a licensing board listed in 23.16section 214.01 or any occupational registration issued by the commissioner of health 23.17pursuant to section 214.13; 23.18(2) any license issued by a county, home rule charter city, statutory city, township, or 23.19other political subdivision; 23.20(3) any license required to practice the following occupation regulated by the 23.21following sections: 23.22(i) abstracters regulated pursuant to chapter 386; 23.23(ii) accountants regulated pursuant to chapter 326A; 23.24(iii) adjusters regulated pursuant to chapter 72B; 23.25(iv) architects regulated pursuant to chapter 326; 23.26(v) assessors regulated pursuant to chapter 270; 23.27(vi) athletic trainers regulated pursuant to chapter 148; 23.28(vii) attorneys regulated pursuant to chapter 481; 23.29(viii) auctioneers regulated pursuant to chapter 330; 23.30(ix) barbers and cosmetologists regulated pursuant to chapter 154; 23.31(x) boiler operators regulated pursuant to chapter 183; 23.32(xi) chiropractors regulated pursuant to chapter 148; 23.33(xii) collection agencies regulated pursuant to chapter 332; 24.1(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant 24.2to chapter 150A; 24.3(xiv) detectives regulated pursuant to chapter 326; 24.4(xv) electricians regulated pursuant to chapter 326; 24.5(xvi) mortuary science practitioners regulated pursuant to chapter 149A; 24.6(xvii) engineers regulated pursuant to chapter 326; 24.7(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A; 24.8(xix) certified interior designers regulated pursuant to chapter 326; 24.9(xx) midwives regulated pursuant to chapter 147D; 24.10(xxi) nursing home administrators regulated pursuant to chapter 144A; 24.11(xxii) optometrists regulated pursuant to chapter 148; 24.12(xxiii) osteopathic physicians regulated pursuant to chapter 147; 24.13(xxiv) pharmacists regulated pursuant to chapter 151; 24.14(xxv) physical therapists regulated pursuant to chapter 148; 24.15(xxvi) physician assistants regulated pursuant to chapter 147A; 24.16(xxvii) physicians and surgeons regulated pursuant to chapter 147; 24.17(xxviii) plumbers regulated pursuant to chapter 326; 24.18(xxix) podiatrists regulated pursuant to chapter 153; 24.19(xxx) practical nurses regulated pursuant to chapter 148; 24.20(xxxi) professional fund-raisers regulated pursuant to chapter 309; 24.21(xxxii) psychologists regulated pursuant to chapter 148; 24.22(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters 24.2382 and 83; 24.24(xxxiv) registered nurses regulated pursuant to chapter 148; 24.25(xxxv) securities brokers, dealers, agents, and investment advisers regulated 24.26pursuant to chapter 80A; 24.27(xxxvi) steamfitters regulated pursuant to chapter 326; 24.28(xxxvii) teachers and supervisory and support personnel regulated pursuant to 24.29chapter 125; 24.30(xxxviii) veterinarians regulated pursuant to chapter 156; 24.31(xxxix) water conditioning contractors and installers regulated pursuant to chapter 24.32326; 24.33(xl) water well contractors regulated pursuant to chapter 103I; 24.34(xli) water and waste treatment operators regulated pursuant to chapter 115; 24.35(xlii) motor carriers regulated pursuant to chapter 221; 24.36(xliii) professional firms regulated under chapter 319B; 25.1(xliv) real estate appraisers regulated pursuant to chapter 82B; 25.2(xlv) residential building contractors, residential remodelers, residential roofers, 25.3manufactured home installers, and specialty contractors regulated pursuant to chapter 326; 25.4(xlvi) licensed professional counselors regulated pursuant to chapter 148B; new text begin or new text end 25.5 new text begin (xlvii) registered massage therapists regulated pursuant to chapter 148; new text end 25.6(4) any driver's license required pursuant to chapter 171; 25.7(5) any aircraft license required pursuant to chapter 360; 25.8(6) any watercraft license required pursuant to chapter 86B; 25.9(7) any license, permit, registration, certification, or other approval pertaining to a 25.10regulatory or management program related to the protection, conservation, or use of or 25.11interference with the resources of land, air, or water, which is required to be obtained 25.12from a state agency or instrumentality; and 25.13(8) any pollution control rule or standard established by the Pollution Control 25.14Agency or any health rule or standard established by the commissioner of health or any 25.15licensing rule or standard established by the commissioner of human services. 25.16    Sec. 2. new text begin [325F.816] MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE. new text end 25.17 new text begin An individual who is issued a municipal or city business license to practice massage new text end 25.18 new text begin is prohibited from advertising as a licensed massage therapist unless the individual has new text end 25.19 new text begin received a professional credential from another state; is current in licensure; and remains new text end 25.20 new text begin in good standing under the credentialing state's requirements. new text end 25.21    Sec. 3. new text begin REPEALER. new text end 25.22 new text begin Minnesota Rules, part 2500.5000, new text end new text begin is repealed. new text end