SF 1131

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/13/2026 09:21 a.m.

A bill for an act
relating to health occupations; establishing registration for massage therapy and
Asian bodywork therapy; establishing fees; providing criminal penalties;
appropriating money; amending Minnesota Statutes 2024, sections 144.0572,
subdivision 1; 146A.06, subdivision 3; 146A.09, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 148.

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

ARTICLE 1

MASSAGE THERAPY AND ASIAN BODYWORK THERAPY

Section 1.

new text begin [148.636] CITATION.
new text end

new text begin Sections 148.636 to 148.6377 may be cited as the "Minnesota Massage Therapy and
Asian Bodywork Therapy Act."
new text end

Sec. 2.

new text begin [148.6361] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 148.636 to 148.6377, the terms
defined in this section have the meanings given unless the context clearly indicates otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Massage Therapy Advisory
Council established under section 148.6376.
new text end

new text begin Subd. 3. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual who has submitted an application
to the commissioner according to sections 148.636 to 148.6377.
new text end

new text begin Subd. 4. new text end

new text begin Asian bodywork therapy. new text end

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

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

new text begin (1) pressing;
new text end

new text begin (2) soothing;
new text end

new text begin (3) kneading;
new text end

new text begin (4) vibration;
new text end

new text begin (5) friction;
new text end

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

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

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

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

new text begin (c) Methods of assessment and evaluation for Asian bodywork therapy must include a
health history and intake interview; observation; listening; questioning; palpation; and with
the client's permission or if the client is a minor, the permission of the client's legal guardian
or parent, consultation with the client's other health care providers.
new text end

new text begin Subd. 5. new text end

new text begin Client. new text end

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

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 7. new text end

new text begin Contact hours. new text end

new text begin "Contact hours" means the number of hours during which a
student is engaged in learning activities provided by a training program approved by the
advisory council. Contact hours include synchronous or asynchronous distance learning
and in-person learning.
new text end

new text begin Subd. 8. new text end

new text begin Credentialing examination. new text end

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

new text begin Subd. 9. new text end

new text begin Massage therapy. new text end

new text begin (a) "Massage therapy" means the manual manipulation of
the soft tissues of the body to promote, maintain, and restore health and well-being.
new text end

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

new text begin (1) stroking;
new text end

new text begin (2) gliding;
new text end

new text begin (3) lifting;
new text end

new text begin (4) kneading;
new text end

new text begin (5) jostling;
new text end

new text begin (6) vibration;
new text end

new text begin (7) percussion;
new text end

new text begin (8) compression;
new text end

new text begin (9) friction;
new text end

new text begin (10) holding;
new text end

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

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

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

new text begin (14) stretching.
new text end

new text begin (c) Methods of assessment for massage therapy must include a health history and intake
interview; observation of posture and movement; palpation; range of motion assessment;
and with the client's permission or if the client is a minor, the permission of the client's legal
guardian or parent, consultation with the client's other health care providers.
new text end

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

new text begin Registered Asian bodywork therapist. new text end

new text begin "Registered Asian bodywork therapist"
means an individual who meets the qualifications in sections 148.636 to 148.6377 to use
the protected titles for Asian bodywork therapists under section 148.6364 and is registered
with the commissioner.
new text end

new text begin Subd. 12. new text end

new text begin Registered massage therapist. new text end

new text begin "Registered massage therapist" means an
individual who meets the qualifications in sections 148.636 to 148.6377 to use the protected
titles for massage therapists under section 148.6364 and is registered with the commissioner.
new text end

new text begin Subd. 13. new text end

new text begin Registrant. new text end

new text begin "Registrant" means an individual registered with the commissioner
under sections 148.636 to 148.6377.
new text end

Sec. 3.

new text begin [148.6362] DUTIES OF THE COMMISSIONER.
new text end

new text begin The commissioner shall:
new text end

new text begin (1) issue registrations to qualified applicants according to sections 148.636 to 148.6377;
new text end

new text begin (2) adopt rules, including standards of practice and a professional code of ethics, necessary
to implement sections 148.636 to 148.6377;
new text end

new text begin (3) assign duties to the advisory council that are necessary to implement sections 148.636
to 148.6377;
new text end

new text begin (4) approve a credentialing examination;
new text end

new text begin (5) enforce sections 148.636 to 148.6377 and investigate violations of sections 148.636
to 148.6377 by a registrant or applicant;
new text end

new text begin (6) impose disciplinary action as described in section 148.6370;
new text end

new text begin (7) maintain a record of names and addresses of registrants; and
new text end

new text begin (8) distribute information regarding massage therapy and Asian bodywork therapy
standards, including applications and forms necessary to carry out sections 148.636 to
148.6377.
new text end

Sec. 4.

new text begin [148.6363] LIMITATIONS ON PRACTICE.
new text end

new text begin Subdivision 1. new text end

new text begin Limitations. new text end

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

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

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

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

new text begin (4) attempts to stimulate various points of the body by needle insertion or interruption
of the cutaneous integrity by needle insertion to secure therapeutic relief of symptoms;
new text end

new text begin (5) prescriptive exercise;
new text end

new text begin (6) manual or mechanical traction when applied to the spine or extremities for the
purposes of joint mobilization or manipulation;
new text end

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

new text begin (8) laser therapy;
new text end

new text begin (9) microwave diathermy;
new text end

new text begin (10) electrical stimulation;
new text end

new text begin (11) ultrasound;
new text end

new text begin (12) iontophoresis; or
new text end

new text begin (13) phonophoresis.
new text end

new text begin Subd. 2. new text end

new text begin Referrals to other health care providers. new text end

new text begin If a registered massage therapist or
Asian bodywork therapist finds a client's medical condition is beyond the scope of practice
established by sections 148.636 to 148.6377 for a registered massage therapist or Asian
bodywork therapist, the therapist must refer the client to a licensed health care provider.
Nothing in this subdivision prohibits the registered massage therapist or Asian bodywork
therapist from continuing to comanage a client's care.
new text end

Sec. 5.

new text begin [148.6364] PROTECTED TITLES AND RESTRICTIONS ON USE.
new text end

new text begin Effective January 1, 2028, no person shall use any of the terms or titles "registered
massage therapist," "RMT," "registered Asian bodywork therapist," "RABT," or any other
term or title that may lead the public to believe the person is a registered massage therapist
or registered Asian bodywork therapist, unless the person is registered under sections 148.636
to 148.6377.
new text end

Sec. 6.

new text begin [148.6365] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Other professions. new text end

new text begin Nothing in sections 148.636 to 148.6377 shall be
construed to prohibit, restrict, or regulate the practice of any profession or occupation
licensed or registered in the state by an individual licensed or registered to practice the
profession or occupation or to perform any act that falls within the scope of practice of the
profession or occupation.
new text end

new text begin Subd. 2. new text end

new text begin Complementary and alternative health care practitioner. new text end

new text begin Nothing in sections
148.636 to 148.6377 shall be construed to prohibit, restrict, or regulate the practice of any
individual 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 use a
protected title under section 148.6364 or advertise or imply that the practitioner is registered
under sections 148.636 to 148.6377.
new text end

Sec. 7.

new text begin [148.6366] REQUIREMENTS FOR REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin General registration requirements. new text end

new text begin (a) To be eligible for registration
as a massage therapist or Asian bodywork therapist according to sections 148.636 to
148.6377, an applicant must submit to the commissioner:
new text end

new text begin (1) a completed application on a form provided by the commissioner that includes:
new text end

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

new text begin (ii) a list of credentials held by the applicant in this state or in any other jurisdiction;
new text end

new text begin (iii) a description of any jurisdiction's refusal to license or credential the applicant;
new text end

new text begin (iv) a description of all professional disciplinary actions initiated against the applicant
in this state or any other jurisdiction;
new text end

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

new text begin (vi) any other additional information requested by the commissioner;
new text end

new text begin (2) proof, as required by the commissioner, that the applicant has satisfactorily completed
a postsecondary massage therapy program or Asian bodywork therapy program through a
school or program that:
new text end

new text begin (i) is licensed by or registered with the Office of Higher Education or has conditional
approval for a registered school and provisional license from the Office of Higher Education;
and
new text end

new text begin (ii) meets the education and training requirements described under subdivision 2 or 3;
new text end

new text begin (3) proof of successful passage of a credentialing examination approved by the
commissioner;
new text end

new text begin (4) proof, as required by the commissioner, of current professional liability insurance
coverage or school liability insurance coverage, as applicable, with at least $2,000,000 of
coverage per occurrence and $6,000,000 annual aggregate; and
new text end

new text begin (5) any applicable fees specified in section 148.6377.
new text end

new text begin (b) The applicant must submit to a criminal background check conducted in accordance
with section 144.0572 and pay any fees associated with conducting the criminal background
check.
new text end

new text begin (c) The applicant must sign the application certifying that the information in the
application is true and correct to the best of the applicant's knowledge and authorizing the
commissioner to obtain access to the applicant's records in this state or any other jurisdiction
in which the applicant has engaged in the practice of massage therapy or Asian bodywork
therapy.
new text end

new text begin Subd. 2. new text end

new text begin Education and training requirements for massage therapy registration. new text end

new text begin (a)
An applicant for registration as a massage therapist under subdivision 1 whose application
is received by the commissioner before July 1, 2031, must submit to the commissioner proof
of satisfactorily completing a postsecondary program that meets the requirements in
subdivision 1, paragraph (a), clause (2), item (i), and includes education and training in:
new text end

new text begin (1) anatomy;
new text end

new text begin (2) physiology;
new text end

new text begin (3) pathology;
new text end

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

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

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

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

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

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

new text begin (b) An applicant for registration as a massage therapist under subdivision 1 whose
application is received by the commissioner on or after July 1, 2031, must submit to the
commissioner proof of satisfactorily completing a postsecondary massage therapy program
that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
new text end

new text begin (1) has programmatic accreditation for massage therapy training programs from an
agency recognized by the United States Department of Education; or
new text end

new text begin (2) includes at least 625 contact hours of education and training composed of 500 contact
hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
clinical practice.
new text end

new text begin (c) A program may require more than 625 total contact hours of education and training,
and may require more than 125 hours of supervised clinical practice, if at least 500 contact
hours are devoted to instruction in the subjects listed in paragraph (a).
new text end

new text begin (d) A student shall not begin a supervised clinical practice of massage therapy without
student or professional liability insurance coverage of up to $2,000,000 per occurrence and
$6,000,000 annual aggregate. The school or program may offer to the student, the student
or professional liability insurance coverage required under this paragraph.
new text end

new text begin Subd. 3. new text end

new text begin Education and training requirements for Asian bodywork therapy
registration. new text end

new text begin (a) An applicant for registration as an Asian bodywork therapist under
subdivision 1 whose application is received by the commissioner before July 1, 2031, must
submit to the commissioner proof of satisfactorily completing a postsecondary program
that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and includes
education and training in:
new text end

new text begin (1) anatomy;
new text end

new text begin (2) physiology;
new text end

new text begin (3) pathology;
new text end

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

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

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

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

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

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

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

new text begin (b) An applicant for registration as an Asian bodywork therapist under subdivision 1
whose application is received by the commissioner on or after July 1, 2031, must submit to
the commissioner proof of satisfactorily completing a postsecondary program that meets
the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
new text end

new text begin (1) has programmatic accreditation for Asian bodywork therapy training programs from
an agency recognized by the United States Department of Education; or
new text end

new text begin (2) includes at least 625 contact hours of education and training composed of 500 contact
hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
clinical practice.
new text end

new text begin (c) An Asian bodywork therapy school or program may require more than 625 total
contact hours of education and training, and may require more than 125 hours of supervised
clinical practice, if at least 500 contact hours are devoted to instruction in the subjects listed
in paragraph (a).
new text end

new text begin (d) A student shall not begin a supervised clinical practice of Asian bodywork therapy
without providing proof to the Asian bodywork therapy school or program of professional
liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual
aggregate. The school or program may offer to the student the professional liability insurance
coverage required under this paragraph.
new text end

new text begin Subd. 4. 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 must:
new text end

new text begin (1) meet the requirements for registration in subdivision 1, with the exception of
subdivision 1, paragraph (a), clauses (2) and (3);
new text end

new text begin (2) provide proof as required by the commissioner that the massage therapy training
program or Asian bodywork therapy training program at the time of the applicant's enrollment
met the postsecondary education requirements in the jurisdiction in which the program was
provided; and
new text end

new text begin (3) provide proof as required by the commissioner, with advice from the advisory council,
of a current and unrestricted equivalent credential in another jurisdiction that has qualification
requirements at least equivalent to the requirements of sections 148.636 to 148.6377.
new text end

new text begin (b) Registrations by endorsement expire on the same schedule and must be renewed by
the procedures described under section 148.6367, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Registration by prior experience. new text end

new text begin (a) To be eligible for registration by prior
experience, an applicant must:
new text end

new text begin (1) meet the requirements for registration in subdivision 1, with the exception of
subdivision 1, paragraph (a), clauses (2) and (3); and
new text end

new text begin (2) provide proof of experience in the practice of massage therapy or Asian bodywork
therapy for at least two of the previous five years immediately preceding the registration
application date.
new text end

new text begin (b) Registrations issued under this subdivision expire on the same schedule and must
be renewed by the procedures described under section 148.6367, subdivision 2, unless the
registration is canceled due to nonrenewal under section 148.6367, subdivision 8, in which
case the individual must apply for a new registration under the initial registration
requirements in subdivision 1.
new text end

new text begin (c) The application for registration by prior experience under this subdivision must be
received by the commissioner before July 1, 2031.
new text end

new text begin Subd. 6. new text end

new text begin Temporary registration. new text end

new text begin (a) The commissioner may issue a temporary
registration as a massage therapist or Asian bodywork therapist to an applicant eligible for
registration under this section if the application for registration is complete, all applicable
requirements have been met, and applicable fees have been paid. The temporary registration
remains valid until the commissioner takes action on the applicant's application, or 90 days
from the temporary registration's issuance, whichever is sooner.
new text end

new text begin (b) A temporary registration holder is considered a registrant for purposes of sections
148.6369 to 148.6374.
new text end

Sec. 8.

new text begin [148.6367] REGISTRATION RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Expiration of registration. new text end

new text begin Registrations issued according to sections
148.636 to 148.6377 expire two years from the date of issuance.
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, an applicant must every two
years, or as determined by the commissioner, submit to the commissioner:
new text end

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

new text begin (2) any applicable fees specified in section 148.6377;
new text end

new text begin (3) proof of current professional liability coverage with at least $2,000,000 of coverage
per occurrence and $6,000,000 annual aggregate; and
new text end

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

new text begin Subd. 3. new text end

new text begin Continuing education. new text end

new text begin (a) A registered massage therapist or Asian bodywork
therapist must obtain continuing education in the two-year registration period.
new text end

new text begin (b) The commissioner must establish the number of continuing education hours a
registered massage therapist or Asian bodywork therapist must complete each registration
period and the activities that qualify as continuing education.
new text end

new text begin (c) A registered massage therapist or Asian bodywork therapist:
new text end

new text begin (1) may complete continuing education in person or online; and
new text end

new text begin (2) must complete the continuing education hours required in a registration period
between the effective date and expiration date of the registration.
new text end

new text begin Subd. 4. new text end

new text begin Change of address. new text end

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

new text begin Subd. 5. new text end

new text begin Registration renewal notice. new text end

new text begin (a) At least 60 days before the registration's
expiration date, the commissioner shall send out a renewal notice to the registrant. The
notice must include:
new text end

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

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

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

new text begin (b) The registrant's failure to receive the renewal notice does not relieve the registrant
of the obligation to meet the deadline and other requirements for registration renewal. Failure
to receive the notice is not grounds for challenging expiration of the registration.
new text end

new text begin Subd. 6. new text end

new text begin Renewal deadline. new text end

new text begin The renewal application and fee must be received by the
commissioner or must be postmarked before the registration's expiration date. If the postmark
is illegible, the application is timely if received by the third working day after the deadline.
new text end

new text begin Subd. 7. 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 commissioner by the registrant and upon payment
of an inactive status fee as specified in section 148.6377. Failure to pay the annual inactive
status fee shall result in a lapse of registration.
new text end

new text begin (b) A registrant seeking registration restoration to active status from inactive status must:
new text end

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

new text begin (2) submit the applicable reactivation fee as specified in section 148.6377; and
new text end

new text begin (3) if the registration has been in inactive status for more than five years, submit evidence
of having received a passing score on a credentialing examination.
new text end

new text begin Subd. 8. new text end

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

new text begin To regain active registration
status for a registration that has lapsed for two years or less, the applicant must:
new text end

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

new text begin (2) submit all applicable renewal fees for the period not registered, including the fee for
late renewal.
new text end

new text begin Subd. 9. new text end

new text begin Cancellation due to nonrenewal. new text end

new text begin The commissioner shall not renew, reissue,
reinstate, or restore a registration that has lapsed and has not been renewed within two years.
An individual whose registration is canceled for nonrenewal must obtain a new registration
by applying for registration and fulfilling all requirements under section 148.6366,
subdivision 1, for initial registration as a massage therapist or Asian bodywork therapist.
new text end

Sec. 9.

new text begin [148.6368] COMMISSIONER ACTION ON APPLICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin (a) The commissioner must act on each application for
registration or renewal according to this section.
new text end

new text begin (b) The commissioner shall determine if the applicant meets the requirements for
registration or renewal under section 148.6366 or 148.6367. The commissioner 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 commissioner 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 commissioner
within 30 days of the commissioner's notice to appear before the advisory council and for
the advisory council to review the commissioner's decision to deny registration. After
reviewing the denial, the advisory council shall make a recommendation to the commissioner
as to whether the denial must be affirmed. Each applicant is allowed only one request for
review per registration period.
new text end

new text begin Subd. 2. new text end

new text begin Registration prohibited. new text end

new text begin (a) Except as provided in paragraph (b), the
commissioner 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) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
new text end

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

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

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

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

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

new text begin (b) The commissioner may establish criteria whereby an individual convicted of an
offense listed in paragraph (a) may become registered if the criteria:
new text end

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

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

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

new text begin (c) The commissioner shall not consider an application under paragraph (b) if the
commissioner determines that the victim involved in the offense was a client of the applicant
at the time of the offense.
new text end

Sec. 10.

new text begin [148.6369] 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 commissioner may deny, revoke, suspend, limit,
or condition the registration of a registrant or may otherwise discipline a registrant. The
fact that massage therapy or Asian bodywork therapy may be considered a less customary
approach to health care must not by itself constitute the basis for disciplinary action.
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
under sections 148.636 to 148.6377 or rules of the commissioner. 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 therapist," "RMT,"
"registered Asian bodywork therapist," "RABT," or any abbreviation or derivation 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 "registered massage therapist," "registered
Asian bodywork therapist," or any abbreviation or derivation thereof to indicate such a title,
except if the individual holds a registration in another state or jurisdiction and does not
provide services in Minnesota;
new text end

new text begin (iii) advertising a service, the provision of which would constitute a violation of sections
148.636 to 148.6377 or rules established by the commissioner; and
new text end

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

new text begin (3) falsifying information in a massage therapy or Asian bodywork therapy registration
or renewal application; attempting to obtain 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 engaging in any verbal behavior that is seductive or sexually
demeaning to a client, or engaging in sexual exploitation of a client, without regard to who
initiates such behaviors;
new text end

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

new text begin (6) having an actual or potential inability to practice massage therapy or Asian bodywork
therapy with reasonable skill and safety to clients by reason of illness, as a result of any
mental or physical condition, or use of alcohol, drugs, chemicals, or any other material.
Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person,
or a person dangerous to the public by a court of competent jurisdiction, inside or outside
of this state, may be considered evidence of an inability to practice massage therapy or
Asian bodywork therapy;
new text end

new text begin (7) being the subject of disciplinary action as a massage therapist or Asian bodywork
therapist in another state or jurisdiction if the commissioner or advisory council determines
that the cause of the disciplinary action would be a violation under this state's statutes or
rules of the commissioner had the violation occurred in this state;
new text end

new text begin (8) failing to notify the commissioner 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 commissioner investigation of a complaint, as part of a disciplinary order, or while
under a disciplinary order;
new text end

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

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

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

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

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

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

new text begin (15) obtaining money, property, or services from a client, other than reasonable fees for
services provided to the client, through the use of undue influence, harassment, duress,
deception, or fraud;
new text end

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

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

new text begin (18) failing to cooperate with an investigation of the commissioner or the commissioner's
representatives, including failing to: respond fully and promptly to any question raised by
or on behalf of the commissioner relating to the subject of the investigation; execute all
releases requested by the commissioner; provide copies of client records as reasonably
requested by the commissioner to assist in the commissioner's investigation; and appear at
conferences or hearings scheduled by the commissioner or the commissioner's 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
commissioner issued or is otherwise authorized or empowered to enforce;
new text end

new text begin (21) aiding or abetting a person in violating sections 148.636 to 148.6377;
new text end

new text begin (22) failing to report to the commissioner other massage therapists and Asian bodywork
therapists who commit violations of sections 148.636 to 148.6377; and
new text end

new text begin (23) failing to notify the commissioner in writing of the entry of a final judgment by a
court of competent jurisdiction against the registrant for malpractice of massage therapy or
Asian bodywork therapy, or any settlement by the registrant in response to charges or
allegations of malpractice of massage therapy or Asian bodywork therapy. The notice must
be provided to the commissioner within 60 days after the entry of a judgment or date of
settlement, and must contain the name of the court, case number, and the names of all parties
to the action.
new text end

new text begin Subd. 2. new text end

new text begin Evidence. new text end

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

new text begin Subd. 3. new text end

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

new text begin (a) The commissioner may take the
following actions if the commissioner has probable cause to believe that grounds for
disciplinary action exist under subdivision 1, paragraph (b), clause (6).
new text end

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

new text begin (c) The commissioner may, notwithstanding section 13.384, 144.651, or 595.02, or any
other law limiting access to medical or other health data, obtain medical data and health
records relating to an applicant or registrant without the applicant's or registrant's consent.
The medical data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (i); an insurance company; or a government agency, including the
Department of Human Services and Direct Care and Treatment. A provider, insurance
company, or government agency shall comply with any written request of the commissioner
under this subdivision and is not liable in any action for damages for releasing the data
requested by the commissioner if the data are released pursuant to a written request under
this subdivision unless the information is false and the provider giving the information
knew, or had reason to believe, the information was false. Information obtained under this
subdivision is classified as private data on individuals as defined in section 13.02.
new text end

Sec. 11.

new text begin [148.6370] DISCIPLINARY ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Forms of disciplinary action. new text end

new text begin When the commissioner finds that grounds
for disciplinary action exist under section 148.6369, subdivision 1, the commissioner may
take one or more of the following actions:
new text end

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

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Automatic suspension. new text end

new text begin (a) Unless the commissioner orders otherwise, a
registration is automatically suspended if:
new text end

new text begin (1) a guardian for the registrant is appointed by order of a court under sections 524.5-101
to 524.5-502;
new text end

new text begin (2) the registrant is committed by order of a court under chapter 253B; or
new text end

new text begin (3) the registrant is determined to be mentally incompetent, mentally ill, chemically
dependent, or a person dangerous to the public by a court of competent jurisdiction within
or outside this state.
new text end

new text begin (b) A registration suspended under this subdivision remains suspended until the registrant
is restored to capacity by a court and, upon petition by the registrant, the suspension is
terminated by the commissioner after a hearing or upon agreement between the commissioner
and the registrant.
new text end

new text begin Subd. 3. new text end

new text begin Temporary suspension. new text end

new text begin In addition to any other remedy provided by law, the
commissioner, acting through a person to whom the commissioner has delegated this
authority and without a hearing, may temporarily suspend the registration of a massage
therapist or Asian bodywork therapist if the commissioner's delegate finds that the registrant
has violated a statute or rule that the commissioner is empowered to enforce and that
continued practice would create a serious risk of harm to others. The suspension is in effect
upon service of a written order on the registrant specifying the statute or rule violated. The
order remains in effect until the commissioner issues a final order in the matter after a
hearing or upon agreement between the commissioner and the registrant. Service of the
order is effective if the order is served on the registrant or counsel of record personally or
by first class mail. Within ten days of service of the order, the commissioner shall hold a
hearing on the sole issue of whether there is a reasonable basis to continue, modify, or lift
the suspension. Evidence presented by the commissioner or registrant shall be in affidavit
form only. The registrant or the counsel of record may appear for oral argument. Within
five working days after the hearing, the commissioner shall issue the commissioner's order
and, if the suspension is continued, schedule a contested case hearing within 45 days after
issuance of the order. The administrative law judge shall issue a report within 30 days after
closing of the contested case hearing record. The commissioner shall issue a final order
within 30 days after receipt of that report.
new text end

new text begin Subd. 4. new text end

new text begin Hearings. new text end

new text begin If the commissioner proposes to take action against the applicant or
registrant as described in subdivision 1, the commissioner must first notify the applicant or
registrant against whom the action is proposed to be taken and provide the applicant or
registrant with an opportunity to request a hearing under the contested case provisions of
chapter 14. If the applicant or registrant does not request a hearing by notifying the
commissioner within 30 days after service of the notice of the proposed action, the
commissioner may proceed with the action without a hearing.
new text end

new text begin Subd. 5. new text end

new text begin Reissuance. new text end

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

Sec. 12.

new text begin [148.6371] REPORTING OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
constituting grounds for disciplinary action relating to massage therapy or Asian bodywork
therapy under sections 148.636 to 148.6377 may report the violation to the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Institutions. new text end

new text begin A state agency, political subdivision, agency of a local unit of
government, private agency, hospital, clinic, prepaid medical plan, or other health care
institution or organization located in this state shall report to the commissioner any action
taken by the agency, institution, or organization or any of its administrators or medical or
other committees to revoke, suspend, restrict, or condition a registrant's privilege to practice
or treat clients in the institution or, as part of the organization, any denial of privileges or
any other disciplinary action for conduct that might constitute grounds for disciplinary
action under sections 148.636 to 148.6377. The institution, organization, or governmental
entity shall also report the resignation of a registrant prior to the conclusion of any
disciplinary action proceeding for conduct that might constitute grounds for disciplinary
action under sections 148.636 to 148.6377 or prior to the commencement of formal charges
but after the registrant had knowledge that formal charges were contemplated or were being
prepared.
new text end

new text begin Subd. 3. new text end

new text begin Professional societies. new text end

new text begin A state or local professional society for massage
therapists or Asian bodywork therapists shall report to the commissioner any termination,
revocation, or suspension of membership or any other disciplinary action taken against a
registrant. If the society has received a complaint that might be grounds for disciplinary
action under sections 148.636 to 148.6377 against a member for whom the society has not
taken any disciplinary action, the society shall report the complaint and the reason the society
has not taken action on the complaint to the commissioner, or shall direct the complainant
to the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Licensed health professionals. new text end

new text begin (a) For purposes of this subdivision, "client"
means an individual receiving health services from a licensed health professional.
new text end

new text begin (b) A licensed health professional shall report to the commissioner personal knowledge
of any conduct by a registrant that the licensed health professional reasonably believes
constitutes grounds for disciplinary action under sections 148.636 to 148.6377, including
conduct indicating that the individual may be incompetent or may be mentally or physically
unable to engage safely in the provision of services. If the information was obtained in the
course of a client relationship, the client is a registrant, and the treating individual successfully
counsels the client to limit or withdraw from practice to the extent required by the
impairment, the commissioner may deem this limitation of or withdrawal from practice to
be sufficient disciplinary action.
new text end

new text begin Subd. 5. new text end

new text begin Insurers. new text end

new text begin (a) Four times each year as prescribed by the commissioner, each
insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13),
that provided professional liability insurance to massage therapists or Asian bodywork
therapists, or the Joint Underwriting Association under chapter 62I shall submit to the
commissioner a report concerning the registrants against whom malpractice settlements or
awards have been made. The report must contain at least the following information:
new text end

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

new text begin (2) the dates the malpractice settlements or awards were made;
new text end

new text begin (3) the allegations contained in the claims or complaints leading to the settlements or
awards made;
new text end

new text begin (4) the dollar amount of each malpractice settlement or award;
new text end

new text begin (5) the regular address of the practice of each registrant against whom an award was
made or with whom a settlement was made; and
new text end

new text begin (6) the name of each registrant against whom an award was made or with whom a
settlement was made.
new text end

new text begin (b) In addition to the information specified in paragraph (a), the insurer shall submit to
the commissioner any information, records, and files, including client charts and records,
the insurer possesses that tend to substantiate a charge that a registrant may have engaged
in conduct that violates sections 148.636 to 148.6377.
new text end

new text begin Subd. 6. new text end

new text begin Courts. new text end

new text begin The court administrator of district court or any other court of competent
jurisdiction shall report to the commissioner any judgment or other determination of the
court that adjudges or includes a finding that a registrant is mentally ill, mentally incompetent,
guilty of a felony, guilty of a violation of federal or state narcotics laws or controlled
substances act, or guilty of abuse or fraud under Medicare or Medicaid; that appoints a
guardian of a registrant under sections 524.5-101 to 524.5-502; or that commits a registrant
under chapter 253B.
new text end

new text begin Subd. 7. new text end

new text begin Self-reporting. new text end

new text begin A registrant shall report to the commissioner:
new text end

new text begin (1) any personal action that would require a report to be filed under subdivisions 2 to 5
by any person, health care facility, business, or organization;
new text end

new text begin (2) the revocation, suspension, restriction, limitation, or other disciplinary action against
the registrant's license, certificate, registration, or right of practice in another state or
jurisdiction for offenses that would subject the registrant to disciplinary action in this state;
and
new text end

new text begin (3) the filing of charges regarding their license, certificate, registration, or right of practice
in another state or jurisdiction.
new text end

new text begin Subd. 8. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required in subdivisions 2 to 5 and 7 must be
submitted no later than 30 days after the reporter learns of the occurrence of the reportable
event or transaction. The commissioner may provide forms for the submission of reports
required in this section, may require reports to be submitted on the forms provided, and
may adopt rules necessary to ensure prompt and accurate reporting.
new text end

Sec. 13.

new text begin [148.6372] IMMUNITY.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting. new text end

new text begin Any health care facility, business, organization, or person,
other than the registrant who committed the violation, is immune from civil liability or
criminal prosecution for submitting a report to the commissioner, for otherwise reporting
to the commissioner violations or alleged violations of sections 148.636 to 148.6377, or for
cooperating with an investigation of a report, except as provided in this subdivision. Any
person who knowingly or recklessly makes a false report is liable in a civil suit for any
damages suffered by the person or persons so reported and for any punitive damages set by
the court or jury. An action requires clear and convincing evidence that the defendant made
the statement with knowledge of falsity or with reckless disregard for its truth or falsity.
The report or statement or any statement made in cooperation with an investigation or as
part of a disciplinary proceeding is privileged except in an action brought under this
subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Investigation. new text end

new text begin The commissioner and employees of the Department of Health
and other persons engaged in the investigation of violations and in the preparation,
presentation, and management of and testimony pertaining to charges of violations of sections
148.636 to 148.6377 are immune from civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating to, their duties under sections
148.636 to 148.6377.
new text end

Sec. 14.

new text begin [148.6373] COOPERATION.
new text end

new text begin (a) A registrant who is the subject of an investigation by or on behalf of the commissioner
shall cooperate fully with the investigation. Cooperation includes:
new text end

new text begin (1) responding fully and promptly to any question raised by or on behalf of the
commissioner relating to the subject of the investigation;
new text end

new text begin (2) providing copies of client or other records in the registrant's possession, as reasonably
requested by the commissioner, to assist the commissioner in the investigation; and
new text end

new text begin (3) appearing at conferences and hearings scheduled by the commissioner.
new text end

new text begin (b) The commissioner shall pay for copies requested. If the commissioner does not have
a written consent from a client permitting access to the client's records, the registrant shall
delete any data in the record that identify the client before providing data to the commissioner.
The commissioner shall maintain any records obtained pursuant to this section as investigative
data under chapter 13. The registrant shall not be excused from giving testimony or producing
any documents, books, records, or correspondence on the grounds of self-incrimination,
but the testimony or evidence may not be used against the registrant in any criminal case.
new text end

Sec. 15.

new text begin [148.6374] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
new text end

new text begin Upon judicial review of any disciplinary action taken by the commissioner under sections
148.636 to 148.6377, the reviewing court shall seal the administrative record, except for
the commissioner's final decision, and shall not make the administrative record available
to the public.
new text end

Sec. 16.

new text begin [148.6375] 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 Effective July 1, 2028, sections 148.636 to 148.6377
preempt the licensure and regulation of massage therapists or Asian bodywork therapists
by a municipality, including, without limitation, conducting a criminal background
investigation and examination of a massage therapist or Asian bodywork therapist, or
applicant for a municipality's credential to practice massage therapy or Asian bodywork
therapy.
new text end

new text begin Subd. 2. new text end

new text begin Municipal regulation. new text end

new text begin Sections 148.636 to 148.6377 do not limit a municipality
from:
new text end

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

new text begin (2) conducting a criminal background investigation on any owners of a massage therapy
or Asian bodywork therapy establishment who are not registered massage therapists or
registered Asian bodywork therapists.
new text end

Sec. 17.

new text begin [148.6376] MASSAGE THERAPY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) The Massage Therapy Advisory Council is
created and is composed of five members appointed by the commissioner. All members
must have resided in this state for at least three years immediately preceding appointment.
The advisory council consists of:
new text end

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

new text begin (2) three members who are registered under sections 148.636 to 148.6377, two of whom
must be registered massage therapists.
new text end

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

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The advisory council is established and administered under
section 15.059.
new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

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

new text begin (1) advise the commissioner on establishing standards of practice and a code of ethics
for registered massage therapists and Asian bodywork therapists;
new text end

new text begin (2) advise the commissioner on distributing information regarding massage therapy and
Asian bodywork therapy practice standards;
new text end

new text begin (3) establish educational requirements, approve massage therapy and Asian bodywork
therapy schools or programs, and conduct or provide for surveys of schools, programs, and
courses; and
new text end

new text begin (4) perform other duties authorized for advisory councils under chapter 214, as directed
by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, the advisory council does not
expire.
new text end

Sec. 18.

new text begin [148.6377] 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) biennial registration renewal fee must not exceed $185;
new text end

new text begin (3) late fee, $50;
new text end

new text begin (4) annual inactive status, $50;
new text end

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

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

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

new text begin Subd. 2. new text end

new text begin Late renewal fee. new text end

new text begin An application for 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 this section 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 commissioner under this section must be deposited
into the state government special revenue fund.
new text end

Sec. 19. new text begin INITIAL MASSAGE THERAPY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Initial member appointments. new text end

new text begin The commissioner of health shall make
the initial appointments to the Massage Therapy Advisory Council authorized under
Minnesota Statutes, section 148.6376, by January 1, 2027. The initial therapist members
appointed to the advisory council need not be registered under Minnesota Statutes, sections
148.636 to 148.6377, prior to initial appointment, but must be a practicing massage therapist
or Asian bodywork therapist with at least five years of experience in the practice of massage
therapy or Asian bodywork therapy. A massage therapist or Asian bodywork therapist
initially appointed to the advisory council must become registered under Minnesota Statutes,
sections 148.636 to 148.6377, by January 1, 2028. If the massage therapist or Asian bodywork
therapist member does not become registered by January 1, 2028, the member must be
removed from the advisory council by the commissioner and a new member who is registered
under Minnesota Statutes, sections 148.636 to 148.6377, must be appointed by the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin First advisory council meeting; initial chair. new text end

new text begin The commissioner of health
shall designate one member from the initial appointments to call the first meeting of the
advisory council. The first meeting must be convened by May 15, 2027. The advisory
council shall elect a chair from its members at the first advisory council meeting.
new text end

Sec. 20. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2027 is appropriated from the state government special revenue fund
to the commissioner of health to implement Minnesota Statutes, sections 148.636 to 148.6377.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2024, section 144.0572, subdivision 1, is amended to read:

Subdivision 1.

Criminal history background check requirements.

(a) deleted text begin Beginning
January 1, 2018, deleted text end An applicant for initial licensure, temporary licensure, or relicensure after
a lapse in licensure as an audiologist deleted text begin or deleted text end new text begin , a new text end speech-language pathologist, new text begin or new text end a speech-language
pathology assistant deleted text begin , deleted text end new text begin ; an applicant for initial massage therapist or Asian bodywork therapist
registration; new text end or an applicant for initial certification as a hearing instrument dispenser, must
submit to a criminal history records check of state data completed by the Bureau of Criminal
Apprehension (BCA) and a national criminal history records check, including a search of
the records of the Federal Bureau of Investigation (FBI).

(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an
audiologist, speech-language pathologist, or hearing instrument dispenser who was licensed
or obtained a certificate before January 1, 2018, must submit to a criminal history records
check of state data completed by the BCA and a national criminal history records check,
including a search of the records of the FBI.

(c) An applicant must submit to a background study under chapter 245C.

(d) The criminal history records check must be structured so that any new crimes that
an applicant deleted text begin or deleted text end new text begin , new text end licensee new text begin , registrant, new text end or certificate holder commits after the initial background
check are flagged in the BCA's or FBI's database and reported back to the commissioner of
human services.

Sec. 2.

Minnesota Statutes 2024, 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) Effective July 1, 2028, upon request by the commissioner, the office must share all
complaint, investigatory, and disciplinary data regarding a named individual who has
practiced or is practicing massage therapy or Asian bodywork therapy as an unlicensed
complementary and alternative health care practitioner.
new text end

Sec. 3.

Minnesota Statutes 2024, section 146A.09, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

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

new text begin Effective
July 1, 2028, a person whose registration as a massage therapist or Asian bodywork therapist
under sections 148.636 to 148.6377 has been suspended or revoked by the commissioner
of health must not practice as an unlicensed complementary and alternative health care
practitioner under this chapter during a period of suspension or revocation.
new text end