1.1 	A bill for an act
1.2 	relating to health occupations; establishing registration for massage therapy and 
1.3 	Asian bodywork therapy; establishing fees; providing criminal penalties; 
1.4 	appropriating money;amending Minnesota Statutes 2024, sections 144.0572, 
1.5 	subdivision 1; 146A.06, subdivision 3; 146A.09, by adding a subdivision; proposing 
1.6 	coding for new law in Minnesota Statutes, chapter 148.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	ARTICLE 1
1.9 	MASSAGE THERAPY AND ASIAN BODYWORK THERAPY

1.10 	Section 1. [148.636] CITATION.
1.11 	Sections 148.636 to 148.6377 may be cited as the "Minnesota Massage Therapy and 
1.12 	Asian Bodywork Therapy Act."

1.13 	Sec. 2. [148.6361] DEFINITIONS.
1.14 		Subdivision 1.Applicability. For purposes of sections 148.636 to 148.6377, the terms 
1.15 	defined in this section have the meanings given unless the context clearly indicates otherwise.
1.16 		Subd. 2.Advisory council. "Advisory council" means the Massage Therapy Advisory 
1.17 	Council established under section 148.6376.
1.18 		Subd. 3.Applicant. "Applicant" means an individual who has submitted an application 
1.19 	to the commissioner according to sections 148.636 to 148.6377.
1.20 		Subd. 4.Asian bodywork therapy. (a) "Asian bodywork therapy" means therapy based 
1.21 	upon Chinese medical principles with the intent of promoting, maintaining, and restoring 
1.22 	health and well-being by affecting the body.
2.1 	(b) Asian bodywork therapy may use any of the following techniques:
2.2 	(1) pressing;
2.3 	(2) soothing;
2.4 	(3) kneading;
2.5 	(4) vibration;
2.6 	(5) friction;
2.7 	(6) passive stretching within the client's physiological range of motion;
2.8 	(7) active assistive and resistive movement;
2.9 	(8) stretching; and
2.10 	(9) tapping, movement, exercising, or manipulation of the soft tissues.
2.11 	(c) Methods of assessment and evaluation for Asian bodywork therapy must include a 
2.12 	health history and intake interview; observation; listening; questioning; palpation; and with 
2.13 	the client's permission or if the client is a minor, the permission of the client's legal guardian 
2.14 	or parent, consultation with the client's other health care providers.
2.15 		Subd. 5.Client. "Client" means a recipient of massage therapy services or Asian 
2.16 	bodywork therapy services.
2.17 		Subd. 6.Commissioner. "Commissioner" means the commissioner of health.
2.18 		Subd. 7.Contact hours. "Contact hours" means the number of hours during which a 
2.19 	student is engaged in learning activities provided by a training program approved by the 
2.20 	advisory council. Contact hours include synchronous or asynchronous distance learning 
2.21 	and in-person learning.
2.22 		Subd. 8.Credentialing examination. "Credentialing examination" means an examination 
2.23 	approved by the commissioner that meets recognized psychometric principles and standards 
2.24 	and is administered by a national testing organization.
2.25 		Subd. 9.Massage therapy. (a) "Massage therapy" means the manual manipulation of 
2.26 	the soft tissues of the body to promote, maintain, and restore health and well-being.
2.27 	(b) Massage therapy may use any of the following techniques:
2.28 	(1) stroking;
2.29 	(2) gliding;
2.30 	(3) lifting;
3.1 	(4) kneading;
3.2 	(5) jostling;
3.3 	(6) vibration;
3.4 	(7) percussion;
3.5 	(8) compression;
3.6 	(9) friction;
3.7 	(10) holding;
3.8 	(11) passive stretching within the client's physiological range of motion;
3.9 	(12) movement or manipulation of the soft tissues;
3.10 	(13) active assistive and resistive movement; and
3.11 	(14) stretching.
3.12 	(c) Methods of assessment for massage therapy must include a health history and intake 
3.13 	interview; observation of posture and movement; palpation; range of motion assessment; 
3.14 	and with the client's permission or if the client is a minor, the permission of the client's legal 
3.15 	guardian or parent, consultation with the client's other health care providers.
3.16 		Subd. 10.Municipality. "Municipality" means a county, town, or home rule charter or 
3.17 	statutory city.
3.18 		Subd. 11.Registered Asian bodywork therapist. "Registered Asian bodywork therapist" 
3.19 	means an individual who meets the qualifications in sections 148.636 to 148.6377 to use 
3.20 	the protected titles for Asian bodywork therapists under section 148.6364 and is registered 
3.21 	with the commissioner.
3.22 		Subd. 12.Registered massage therapist. "Registered massage therapist" means an 
3.23 	individual who meets the qualifications in sections 148.636 to 148.6377 to use the protected 
3.24 	titles for massage therapists under section 148.6364 and is registered with the commissioner.
3.25 		Subd. 13.Registrant. "Registrant" means an individual registered with the commissioner 
3.26 	under sections 148.636 to 148.6377.

3.27 	Sec. 3. [148.6362] DUTIES OF THE COMMISSIONER.
3.28 	The commissioner shall:
3.29 	(1) issue registrations to qualified applicants according to sections 148.636 to 148.6377;
4.1 	(2) adopt rules, including standards of practice and a professional code of ethics, necessary 
4.2 	to implement sections 148.636 to 148.6377;
4.3 	(3) assign duties to the advisory council that are necessary to implement sections 148.636 
4.4 	to 148.6377;
4.5 	(4) approve a credentialing examination;
4.6 	(5) enforce sections 148.636 to 148.6377 and investigate violations of sections 148.636 
4.7 	to 148.6377 by a registrant or applicant;
4.8 	(6) impose disciplinary action as described in section 148.6370;
4.9 	(7) maintain a record of names and addresses of registrants; and
4.10 	(8) distribute information regarding massage therapy and Asian bodywork therapy 
4.11 	standards, including applications and forms necessary to carry out sections 148.636 to 
4.12 	148.6377.

4.13 	Sec. 4. [148.6363] LIMITATIONS ON PRACTICE.
4.14 		Subdivision 1.Limitations. The practice of massage therapy and Asian bodywork 
4.15 	therapy does not include:
4.16 	(1) performing examinations for the purpose of diagnosis;
4.17 	(2) providing treatments that are outside the scope of massage therapy or Asian bodywork 
4.18 	therapy practice;
4.19 	(3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by 
4.20 	the use of high-velocity, low-amplitude thrusting force;
4.21 	(4) attempts to stimulate various points of the body by needle insertion or interruption 
4.22 	of the cutaneous integrity by needle insertion to secure therapeutic relief of symptoms;
4.23 	(5) prescriptive exercise;
4.24 	(6) manual or mechanical traction when applied to the spine or extremities for the 
4.25 	purposes of joint mobilization or manipulation;
4.26 	(7) injection therapy;
4.27 	(8) laser therapy;
4.28 	(9) microwave diathermy;
4.29 	(10) electrical stimulation;
5.1 	(11) ultrasound;
5.2 	(12) iontophoresis; or
5.3 	(13) phonophoresis.
5.4 		Subd. 2.Referrals to other health care providers. If a registered massage therapist or 
5.5 	Asian bodywork therapist finds a client's medical condition is beyond the scope of practice 
5.6 	established by sections 148.636 to 148.6377 for a registered massage therapist or Asian 
5.7 	bodywork therapist, the therapist must refer the client to a licensed health care provider. 
5.8 	Nothing in this subdivision prohibits the registered massage therapist or Asian bodywork 
5.9 	therapist from continuing to comanage a client's care.

5.10 	Sec. 5. [148.6364] PROTECTED TITLES AND RESTRICTIONS ON USE.
5.11 	Effective January 1, 2028, no person shall use any of the terms or titles "registered 
5.12 	massage therapist," "RMT," "registered Asian bodywork therapist," "RABT," or any other 
5.13 	term or title that may lead the public to believe the person is a registered massage therapist 
5.14 	or registered Asian bodywork therapist, unless the person is registered under sections 148.636 
5.15 	to 148.6377.

5.16 	Sec. 6. [148.6365] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.
5.17 		Subdivision 1.Other professions. Nothing in sections 148.636 to 148.6377 shall be 
5.18 	construed to prohibit, restrict, or regulate the practice of any profession or occupation 
5.19 	licensed or registered in the state by an individual licensed or registered to practice the 
5.20 	profession or occupation or to perform any act that falls within the scope of practice of the 
5.21 	profession or occupation.
5.22 		Subd. 2.Complementary and alternative health care practitioner. Nothing in sections 
5.23 	148.636 to 148.6377 shall be construed to prohibit, restrict, or regulate the practice of any 
5.24 	individual who is engaged in providing complementary and alternative health care practices 
5.25 	as defined in section 146A.01, subdivision 4, provided that the practitioner does not use a 
5.26 	protected title under section 148.6364 or advertise or imply that the practitioner is registered 
5.27 	under sections 148.636 to 148.6377.

5.28 	Sec. 7. [148.6366] REQUIREMENTS FOR REGISTRATION.
5.29 		Subdivision 1.General registration requirements. (a) To be eligible for registration 
5.30 	as a massage therapist or Asian bodywork therapist according to sections 148.636 to 
5.31 	148.6377, an applicant must submit to the commissioner:
6.1 	(1) a completed application on a form provided by the commissioner that includes:
6.2 	(i) the applicant's name, Social Security number, home address and telephone number, 
6.3 	and business address and telephone number;
6.4 	(ii) a list of credentials held by the applicant in this state or in any other jurisdiction;
6.5 	(iii) a description of any jurisdiction's refusal to license or credential the applicant;
6.6 	(iv) a description of all professional disciplinary actions initiated against the applicant 
6.7 	in this state or any other jurisdiction;
6.8 	(v) any misdemeanor, gross misdemeanor, or felony convictions; and
6.9 	(vi) any other additional information requested by the commissioner;
6.10 	(2) proof, as required by the commissioner, that the applicant has satisfactorily completed 
6.11 	a postsecondary massage therapy program or Asian bodywork therapy program through a 
6.12 	school or program that:
6.13 	(i) is licensed by or registered with the Office of Higher Education or has conditional 
6.14 	approval for a registered school and provisional license from the Office of Higher Education; 
6.15 	and
6.16 	(ii) meets the education and training requirements described under subdivision 2 or 3;
6.17 	(3) proof of successful passage of a credentialing examination approved by the 
6.18 	commissioner;
6.19 	(4) proof, as required by the commissioner, of current professional liability insurance 
6.20 	coverage or school liability insurance coverage, as applicable, with at least $2,000,000 of 
6.21 	coverage per occurrence and $6,000,000 annual aggregate; and
6.22 	(5) any applicable fees specified in section 148.6377.
6.23 	(b) The applicant must submit to a criminal background check conducted in accordance 
6.24 	with section 144.0572 and pay any fees associated with conducting the criminal background 
6.25 	check.
6.26 	(c) The applicant must sign the application certifying that the information in the 
6.27 	application is true and correct to the best of the applicant's knowledge and authorizing the 
6.28 	commissioner to obtain access to the applicant's records in this state or any other jurisdiction 
6.29 	in which the applicant has engaged in the practice of massage therapy or Asian bodywork 
6.30 	therapy.
7.1 		Subd. 2.Education and training requirements for massage therapy registration. (a) 
7.2 	An applicant for registration as a massage therapist under subdivision 1 whose application 
7.3 	is received by the commissioner before July 1, 2031, must submit to the commissioner proof 
7.4 	of satisfactorily completing a postsecondary program that meets the requirements in 
7.5 	subdivision 1, paragraph (a), clause (2), item (i), and includes education and training in:
7.6 	(1) anatomy;
7.7 	(2) physiology;
7.8 	(3) pathology;
7.9 	(4) massage therapy;
7.10 	(5) massage therapy history, theory, and research;
7.11 	(6) professional ethics;
7.12 	(7) therapeutic interpersonal communications and standards of practice;
7.13 	(8) business and legal practices related to massage therapy; and
7.14 	(9) supervised practice demonstrating safe use of equipment and supplies.
7.15 	(b) An applicant for registration as a massage therapist under subdivision 1 whose 
7.16 	application is received by the commissioner on or after July 1, 2031, must submit to the 
7.17 	commissioner proof of satisfactorily completing a postsecondary massage therapy program 
7.18 	that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
7.19 	(1) has programmatic accreditation for massage therapy training programs from an 
7.20 	agency recognized by the United States Department of Education; or
7.21 	(2) includes at least 625 contact hours of education and training composed of 500 contact 
7.22 	hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student 
7.23 	clinical practice.
7.24 	(c) A program may require more than 625 total contact hours of education and training, 
7.25 	and may require more than 125 hours of supervised clinical practice, if at least 500 contact 
7.26 	hours are devoted to instruction in the subjects listed in paragraph (a).
7.27 	(d) A student shall not begin a supervised clinical practice of massage therapy without 
7.28 	student or professional liability insurance coverage of up to $2,000,000 per occurrence and 
7.29 	$6,000,000 annual aggregate. The school or program may offer to the student, the student 
7.30 	or professional liability insurance coverage required under this paragraph.
8.1 		Subd. 3.Education and training requirements for Asian bodywork therapy 
8.2 	registration. (a) An applicant for registration as an Asian bodywork therapist under 
8.3 	subdivision 1 whose application is received by the commissioner before July 1, 2031, must 
8.4 	submit to the commissioner proof of satisfactorily completing a postsecondary program 
8.5 	that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and includes 
8.6 	education and training in:
8.7 	(1) anatomy;
8.8 	(2) physiology;
8.9 	(3) pathology;
8.10 	(4) Asian bodywork therapy;
8.11 	(5) traditional Chinese medicine theory;
8.12 	(6) Asian bodywork history, theory, and research;
8.13 	(7) professional ethics;
8.14 	(8) therapeutic interpersonal communications and standards of practice;
8.15 	(9) business and legal practices related to Asian bodywork therapy; and
8.16 	(10) supervised practice demonstrating safe use of equipment and supplies.
8.17 	(b) An applicant for registration as an Asian bodywork therapist under subdivision 1 
8.18 	whose application is received by the commissioner on or after July 1, 2031, must submit to 
8.19 	the commissioner proof of satisfactorily completing a postsecondary program that meets 
8.20 	the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:
8.21 	(1) has programmatic accreditation for Asian bodywork therapy training programs from 
8.22 	an agency recognized by the United States Department of Education; or
8.23 	(2) includes at least 625 contact hours of education and training composed of 500 contact 
8.24 	hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student 
8.25 	clinical practice.
8.26 	(c) An Asian bodywork therapy school or program may require more than 625 total 
8.27 	contact hours of education and training, and may require more than 125 hours of supervised 
8.28 	clinical practice, if at least 500 contact hours are devoted to instruction in the subjects listed 
8.29 	in paragraph (a).
8.30 	(d) A student shall not begin a supervised clinical practice of Asian bodywork therapy 
8.31 	without providing proof to the Asian bodywork therapy school or program of professional 
9.1 	liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual 
9.2 	aggregate. The school or program may offer to the student the professional liability insurance 
9.3 	coverage required under this paragraph.
9.4 		Subd. 4.Registration by endorsement. (a) To be eligible for registration by 
9.5 	endorsement, an applicant must:
9.6 	(1) meet the requirements for registration in subdivision 1, with the exception of 
9.7 	subdivision 1, paragraph (a), clauses (2) and (3);
9.8 	(2) provide proof as required by the commissioner that the massage therapy training 
9.9 	program or Asian bodywork therapy training program at the time of the applicant's enrollment 
9.10 	met the postsecondary education requirements in the jurisdiction in which the program was 
9.11 	provided; and
9.12 	(3) provide proof as required by the commissioner, with advice from the advisory council, 
9.13 	of a current and unrestricted equivalent credential in another jurisdiction that has qualification 
9.14 	requirements at least equivalent to the requirements of sections 148.636 to 148.6377.
9.15 	(b) Registrations by endorsement expire on the same schedule and must be renewed by 
9.16 	the procedures described under section 148.6367, subdivision 2.
9.17 		Subd. 5.Registration by prior experience. (a) To be eligible for registration by prior 
9.18 	experience, an applicant must:
9.19 	(1) meet the requirements for registration in subdivision 1, with the exception of 
9.20 	subdivision 1, paragraph (a), clauses (2) and (3); and
9.21 	(2) provide proof of experience in the practice of massage therapy or Asian bodywork 
9.22 	therapy for at least two of the previous five years immediately preceding the registration 
9.23 	application date.
9.24 	(b) Registrations issued under this subdivision expire on the same schedule and must 
9.25 	be renewed by the procedures described under section 148.6367, subdivision 2, unless the 
9.26 	registration is canceled due to nonrenewal under section 148.6367, subdivision 8, in which 
9.27 	case the individual must apply for a new registration under the initial registration 
9.28 	requirements in subdivision 1.
9.29 	(c) The application for registration by prior experience under this subdivision must be 
9.30 	received by the commissioner before July 1, 2031.
9.31 		Subd. 6.Temporary registration. (a) The commissioner may issue a temporary 
9.32 	registration as a massage therapist or Asian bodywork therapist to an applicant eligible for 
10.1 	registration under this section if the application for registration is complete, all applicable 
10.2 	requirements have been met, and applicable fees have been paid. The temporary registration 
10.3 	remains valid until the commissioner takes action on the applicant's application, or 90 days 
10.4 	from the temporary registration's issuance, whichever is sooner.
10.5 	(b) A temporary registration holder is considered a registrant for purposes of sections 
10.6 	148.6369 to 148.6374.

10.7 	Sec. 8. [148.6367] REGISTRATION RENEWAL.
10.8 		Subdivision 1.Expiration of registration. Registrations issued according to sections 
10.9 	148.636 to 148.6377 expire two years from the date of issuance.
10.10 		Subd. 2.Renewal. To be eligible for registration renewal, an applicant must every two 
10.11 	years, or as determined by the commissioner, submit to the commissioner:
10.12 	(1) a completed renewal application on a form provided by the commissioner;
10.13 	(2) any applicable fees specified in section 148.6377;
10.14 	(3) proof of current professional liability coverage with at least $2,000,000 of coverage 
10.15 	per occurrence and $6,000,000 annual aggregate; and
10.16 	(4) any additional information requested by the commissioner to clarify information 
10.17 	presented in the renewal application. The applicant must submit the information within 30 
10.18 	days after the commissioner's request, or the renewal application is canceled.
10.19 		Subd. 3.Continuing education. (a) A registered massage therapist or Asian bodywork 
10.20 	therapist must obtain continuing education in the two-year registration period.
10.21 	(b) The commissioner must establish the number of continuing education hours a 
10.22 	registered massage therapist or Asian bodywork therapist must complete each registration 
10.23 	period and the activities that qualify as continuing education.
10.24 	(c) A registered massage therapist or Asian bodywork therapist:
10.25 	(1) may complete continuing education in person or online; and
10.26 	(2) must complete the continuing education hours required in a registration period 
10.27 	between the effective date and expiration date of the registration.
10.28 		Subd. 4.Change of address. A registrant or applicant who changes addresses must 
10.29 	inform the commissioner in writing within 30 days of the change of address. Notices or 
10.30 	other correspondence mailed to or served on a registrant or applicant at the registrant's or 
10.31 	applicant's current address on file are considered received by the registrant or applicant.
11.1 		Subd. 5.Registration renewal notice. (a) At least 60 days before the registration's 
11.2 	expiration date, the commissioner shall send out a renewal notice to the registrant. The 
11.3 	notice must include:
11.4 	(1) a renewal application;
11.5 	(2) a notice of fees required for renewal; and
11.6 	(3) information stating that the registration will expire without further action by the 
11.7 	commissioner if a renewal application is not received before the deadline for renewal.
11.8 	(b) The registrant's failure to receive the renewal notice does not relieve the registrant 
11.9 	of the obligation to meet the deadline and other requirements for registration renewal. Failure 
11.10 	to receive the notice is not grounds for challenging expiration of the registration.
11.11 		Subd. 6.Renewal deadline. The renewal application and fee must be received by the 
11.12 	commissioner or must be postmarked before the registration's expiration date. If the postmark 
11.13 	is illegible, the application is timely if received by the third working day after the deadline.
11.14 		Subd. 7.Inactive status and return to active status. (a) A registration may be placed 
11.15 	in inactive status upon application to the commissioner by the registrant and upon payment 
11.16 	of an inactive status fee as specified in section 148.6377. Failure to pay the annual inactive 
11.17 	status fee shall result in a lapse of registration.
11.18 	(b) A registrant seeking registration restoration to active status from inactive status must:
11.19 	(1) apply to the commissioner for registration renewal according to subdivision 2;
11.20 	(2) submit the applicable reactivation fee as specified in section 148.6377; and
11.21 	(3) if the registration has been in inactive status for more than five years, submit evidence 
11.22 	of having received a passing score on a credentialing examination.
11.23 		Subd. 8.Registration following lapse for two years or less. To regain active registration 
11.24 	status for a registration that has lapsed for two years or less, the applicant must:
11.25 	(1) apply to the commissioner for registration renewal according to subdivision 2; and
11.26 	(2) submit all applicable renewal fees for the period not registered, including the fee for 
11.27 	late renewal.
11.28 		Subd. 9.Cancellation due to nonrenewal. The commissioner shall not renew, reissue, 
11.29 	reinstate, or restore a registration that has lapsed and has not been renewed within two years. 
11.30 	An individual whose registration is canceled for nonrenewal must obtain a new registration 
12.1 	by applying for registration and fulfilling all requirements under section 148.6366, 
12.2 	subdivision 1, for initial registration as a massage therapist or Asian bodywork therapist.

12.3 	Sec. 9. [148.6368] COMMISSIONER ACTION ON APPLICATIONS.
12.4 		Subdivision 1.General. (a) The commissioner must act on each application for 
12.5 	registration or renewal according to this section.
12.6 	(b) The commissioner shall determine if the applicant meets the requirements for 
12.7 	registration or renewal under section 148.6366 or 148.6367. The commissioner may 
12.8 	investigate information provided by an applicant to determine whether the information is 
12.9 	accurate and complete and may request additional information or documentation.
12.10 	(c) The commissioner shall notify each applicant in writing of action taken on the 
12.11 	application, the grounds for denying registration if registration is denied, and the applicant's 
12.12 	right to review under paragraph (d).
12.13 	(d) An applicant denied registration may make a written request to the commissioner 
12.14 	within 30 days of the commissioner's notice to appear before the advisory council and for 
12.15 	the advisory council to review the commissioner's decision to deny registration. After 
12.16 	reviewing the denial, the advisory council shall make a recommendation to the commissioner 
12.17 	as to whether the denial must be affirmed. Each applicant is allowed only one request for 
12.18 	review per registration period.
12.19 		Subd. 2.Registration prohibited. (a) Except as provided in paragraph (b), the 
12.20 	commissioner shall deny an application for registration if an applicant:
12.21 	(1) has been convicted in this state of any of the following crimes or of equivalent crimes 
12.22 	in another state:
12.23 	(i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
12.24 	(ii) criminal sexual conduct under sections 609.342 to 609.3451 or 609.3453; or
12.25 	(iii) a violent crime as defined under section 611A.08, subdivision 6;
12.26 	(2) is a registered sex offender under section 243.166;
12.27 	(3) has been subject to disciplinary action under section 146A.09, if the commissioner 
12.28 	determines that such denial is necessary to protect the public; or
12.29 	(4) is charged with or under investigation for a complaint in this state or any other 
12.30 	jurisdiction that would constitute a violation of statutes or rules established for massage 
13.1 	therapy or Asian bodywork therapy registration in this state and the charge or complaint 
13.2 	has not been resolved in favor of the applicant.
13.3 	(b) The commissioner may establish criteria whereby an individual convicted of an 
13.4 	offense listed in paragraph (a) may become registered if the criteria:
13.5 	(1) utilize a rebuttable presumption that the applicant is not suitable for registration;
13.6 	(2) provide a standard for overcoming the presumption; and
13.7 	(3) require that a minimum of one year has elapsed since the applicant was released 
13.8 	from incarceration or supervisory jurisdiction related to the offense.
13.9 	(c) The commissioner shall not consider an application under paragraph (b) if the 
13.10 	commissioner determines that the victim involved in the offense was a client of the applicant 
13.11 	at the time of the offense.

13.12 	Sec. 10. [148.6369] GROUNDS FOR DISCIPLINARY ACTION.
13.13 		Subdivision 1.Grounds listed. (a) The commissioner may deny, revoke, suspend, limit, 
13.14 	or condition the registration of a registrant or may otherwise discipline a registrant. The 
13.15 	fact that massage therapy or Asian bodywork therapy may be considered a less customary 
13.16 	approach to health care must not by itself constitute the basis for disciplinary action.
13.17 	(b) The following are grounds for disciplinary action regardless of whether injury to a 
13.18 	client is established:
13.19 	(1) failing to demonstrate the qualifications or to satisfy the requirements for registration 
13.20 	under sections 148.636 to 148.6377 or rules of the commissioner. In the case of an applicant, 
13.21 	the burden of proof is on the applicant to demonstrate the qualifications or satisfy the 
13.22 	requirements;
13.23 	(2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not 
13.24 	limited to:
13.25 	(i) advertising or holding oneself out as a "registered massage therapist," "RMT," 
13.26 	"registered Asian bodywork therapist," "RABT," or any abbreviation or derivation thereof 
13.27 	to indicate such a title, when such registration is not valid or current for any reason;
13.28 	(ii) advertising or holding oneself out as a "registered massage therapist," "registered 
13.29 	Asian bodywork therapist," or any abbreviation or derivation thereof to indicate such a title, 
13.30 	except if the individual holds a registration in another state or jurisdiction and does not 
13.31 	provide services in Minnesota;
14.1 	(iii) advertising a service, the provision of which would constitute a violation of sections 
14.2 	148.636 to 148.6377 or rules established by the commissioner; and
14.3 	(iv) using fraud, deceit, or misrepresentation when communicating with the general 
14.4 	public, health care providers, or other business professionals;
14.5 	(3) falsifying information in a massage therapy or Asian bodywork therapy registration 
14.6 	or renewal application; attempting to obtain registration, renewal, or reinstatement by fraud, 
14.7 	deception, or misrepresentation; or aiding and abetting any of these acts;
14.8 	(4) engaging in conduct with a client that is sexual or may reasonably be interpreted by 
14.9 	the client as sexual, or engaging in any verbal behavior that is seductive or sexually 
14.10 	demeaning to a client, or engaging in sexual exploitation of a client, without regard to who 
14.11 	initiates such behaviors;
14.12 	(5) committing an act of gross malpractice, negligence, or incompetency, or failing to 
14.13 	practice massage therapy or Asian bodywork therapy with the level of care, skill, and 
14.14 	treatment that is recognized by a registrant as being acceptable under similar conditions and 
14.15 	circumstances;
14.16 	(6) having an actual or potential inability to practice massage therapy or Asian bodywork 
14.17 	therapy with reasonable skill and safety to clients by reason of illness, as a result of any 
14.18 	mental or physical condition, or use of alcohol, drugs, chemicals, or any other material. 
14.19 	Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person, 
14.20 	or a person dangerous to the public by a court of competent jurisdiction, inside or outside 
14.21 	of this state, may be considered evidence of an inability to practice massage therapy or 
14.22 	Asian bodywork therapy;
14.23 	(7) being the subject of disciplinary action as a massage therapist or Asian bodywork 
14.24 	therapist in another state or jurisdiction if the commissioner or advisory council determines 
14.25 	that the cause of the disciplinary action would be a violation under this state's statutes or 
14.26 	rules of the commissioner had the violation occurred in this state;
14.27 	(8) failing to notify the commissioner of revocation or suspension of a credential, or any 
14.28 	other disciplinary action taken by this or any other state, territory, or country, including any 
14.29 	restrictions on the right to practice; or the surrender or voluntary termination of a credential 
14.30 	during a commissioner investigation of a complaint, as part of a disciplinary order, or while 
14.31 	under a disciplinary order;
14.32 	(9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, 
14.33 	or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States, 
15.1 	reasonably related to engaging in massage therapy practices or Asian bodywork therapy 
15.2 	practices. Conviction, as used in this clause, includes a conviction for an offense that, if 
15.3 	committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor 
15.4 	regardless of its designation elsewhere, or a criminal proceeding where a finding or verdict 
15.5 	of guilty is made or returned but the adjudication of guilt is either withheld or not entered;
15.6 	(10) if a registrant is on probation, failing to abide by terms of probation;
15.7 	(11) practicing or offering to practice beyond the scope of the practice of massage therapy 
15.8 	or Asian bodywork therapy;
15.9 	(12) managing client records and information improperly, including but not limited to 
15.10 	failing to maintain adequate client records, comply with a client's request made according 
15.11 	to sections 144.291 to 144.298, or furnish a client record or report required by law;
15.12 	(13) revealing a privileged communication from or relating to a client except when 
15.13 	otherwise required or permitted by law;
15.14 	(14) providing massage therapy services or Asian bodywork therapy services that are 
15.15 	linked to the financial gain of a referral source;
15.16 	(15) obtaining money, property, or services from a client, other than reasonable fees for 
15.17 	services provided to the client, through the use of undue influence, harassment, duress, 
15.18 	deception, or fraud;
15.19 	(16) engaging in abusive or fraudulent billing practices, including violations of federal 
15.20 	Medicare and Medicaid laws or state medical assistance laws;
15.21 	(17) failing to consult with a client's health care provider who prescribed a course of 
15.22 	massage therapy treatment or Asian bodywork therapy treatment if the treatment needs to 
15.23 	be altered from the original written order to conform with standards in the massage therapy 
15.24 	or Asian bodywork therapy field or the registrant's level of training or experience;
15.25 	(18) failing to cooperate with an investigation of the commissioner or the commissioner's 
15.26 	representatives, including failing to: respond fully and promptly to any question raised by 
15.27 	or on behalf of the commissioner relating to the subject of the investigation; execute all 
15.28 	releases requested by the commissioner; provide copies of client records as reasonably 
15.29 	requested by the commissioner to assist in the commissioner's investigation; and appear at 
15.30 	conferences or hearings scheduled by the commissioner or the commissioner's staff;
15.31 	(19) interfering with an investigation or disciplinary proceeding, including by willful 
15.32 	misrepresentation of facts or by the use of threats or harassment to prevent a person from 
15.33 	providing evidence in a disciplinary proceeding or any legal action;
16.1 	(20) violating a statute, rule, order, or agreement for corrective action that the 
16.2 	commissioner issued or is otherwise authorized or empowered to enforce;
16.3 	(21) aiding or abetting a person in violating sections 148.636 to 148.6377;
16.4 	(22) failing to report to the commissioner other massage therapists and Asian bodywork 
16.5 	therapists who commit violations of sections 148.636 to 148.6377; and
16.6 	(23) failing to notify the commissioner in writing of the entry of a final judgment by a 
16.7 	court of competent jurisdiction against the registrant for malpractice of massage therapy or 
16.8 	Asian bodywork therapy, or any settlement by the registrant in response to charges or 
16.9 	allegations of malpractice of massage therapy or Asian bodywork therapy. The notice must 
16.10 	be provided to the commissioner within 60 days after the entry of a judgment or date of 
16.11 	settlement, and must contain the name of the court, case number, and the names of all parties 
16.12 	to the action.
16.13 		Subd. 2.Evidence. In disciplinary actions alleging a violation of subdivision 1, a copy 
16.14 	of the judgment or proceeding under the seal of the court administrator or of the 
16.15 	administrative agency must be admissible into evidence without further authentication and 
16.16 	must constitute prima facie evidence of the violation.
16.17 		Subd. 3.Examination; access to medical data. (a) The commissioner may take the 
16.18 	following actions if the commissioner has probable cause to believe that grounds for 
16.19 	disciplinary action exist under subdivision 1, paragraph (b), clause (6).
16.20 	(b) The commissioner may direct the applicant or registrant to submit to a mental or 
16.21 	physical examination or substance use disorder evaluation. For the purpose of this 
16.22 	subdivision, when an applicant or registrant is directed in writing by the commissioner to 
16.23 	submit to a mental or physical examination or substance use disorder evaluation, that 
16.24 	applicant or registrant is considered to have consented and to have waived all objections to 
16.25 	admissibility on the grounds of privilege. Failure of the applicant or registrant to submit to 
16.26 	an examination when directed constitutes an admission of the allegations against the applicant 
16.27 	or registrant, unless the failure was due to circumstances beyond the applicant's or registrant's 
16.28 	control, and the commissioner may enter a default and final order without taking testimony 
16.29 	or allowing evidence to be presented. A registrant affected under this paragraph shall, at 
16.30 	reasonable intervals, be given an opportunity to demonstrate that the registrant can resume 
16.31 	the competent practice of massage therapy or Asian bodywork therapy with reasonable skill 
16.32 	and safety to clients. Neither the record of proceedings nor the orders entered by the 
16.33 	commissioner in a proceeding under this paragraph may be used against a registrant in any 
16.34 	other proceeding.
17.1 	(c) The commissioner may, notwithstanding section 13.384, 144.651, or 595.02, or any 
17.2 	other law limiting access to medical or other health data, obtain medical data and health 
17.3 	records relating to an applicant or registrant without the applicant's or registrant's consent. 
17.4 	The medical data may be requested from a provider, as defined in section 144.291, 
17.5 	subdivision 2, paragraph (i); an insurance company; or a government agency, including the 
17.6 	Department of Human Services and Direct Care and Treatment. A provider, insurance 
17.7 	company, or government agency shall comply with any written request of the commissioner 
17.8 	under this subdivision and is not liable in any action for damages for releasing the data 
17.9 	requested by the commissioner if the data are released pursuant to a written request under 
17.10 	this subdivision unless the information is false and the provider giving the information 
17.11 	knew, or had reason to believe, the information was false. Information obtained under this 
17.12 	subdivision is classified as private data on individuals as defined in section 13.02.

17.13 	Sec. 11. [148.6370] DISCIPLINARY ACTIONS.
17.14 		Subdivision 1.Forms of disciplinary action. When the commissioner finds that grounds 
17.15 	for disciplinary action exist under section 148.6369, subdivision 1, the commissioner may 
17.16 	take one or more of the following actions:
17.17 	(1) deny the registration;
17.18 	(2) revoke the registration;
17.19 	(3) suspend the registration;
17.20 	(4) impose limitations on the practice of massage therapy or Asian bodywork therapy, 
17.21 	including but not limited to limitation of scope of practice or a requirement to practice under 
17.22 	supervision;
17.23 	(5) impose conditions on the retention of a registration, including but not limited to 
17.24 	imposing retraining or rehabilitation requirements or conditioning continued practice on a 
17.25 	demonstration of knowledge or skills by appropriate examination, monitoring, or other 
17.26 	review;
17.27 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, the amount 
17.28 	of the civil penalty (i) to be fixed as to deprive the massage therapist or Asian bodywork 
17.29 	therapist of any economic advantage gained by reason of the violation charged, (ii) to 
17.30 	reimburse the commissioner for the cost of counsel, investigation, and proceeding, and (iii) 
17.31 	to discourage repeated violations;
17.32 	(7) order the registrant to provide unremunerated service;
18.1 	(8) censure or reprimand the registrant; or
18.2 	(9) any other action justified by the facts of the case.
18.3 		Subd. 2.Automatic suspension. (a) Unless the commissioner orders otherwise, a 
18.4 	registration is automatically suspended if:
18.5 	(1) a guardian for the registrant is appointed by order of a court under sections 524.5-101 
18.6 	to 524.5-502;
18.7 	(2) the registrant is committed by order of a court under chapter 253B; or
18.8 	(3) the registrant is determined to be mentally incompetent, mentally ill, chemically 
18.9 	dependent, or a person dangerous to the public by a court of competent jurisdiction within 
18.10 	or outside this state.
18.11 	(b) A registration suspended under this subdivision remains suspended until the registrant 
18.12 	is restored to capacity by a court and, upon petition by the registrant, the suspension is 
18.13 	terminated by the commissioner after a hearing or upon agreement between the commissioner 
18.14 	and the registrant.
18.15 		Subd. 3.Temporary suspension. In addition to any other remedy provided by law, the 
18.16 	commissioner, acting through a person to whom the commissioner has delegated this 
18.17 	authority and without a hearing, may temporarily suspend the registration of a massage 
18.18 	therapist or Asian bodywork therapist if the commissioner's delegate finds that the registrant 
18.19 	has violated a statute or rule that the commissioner is empowered to enforce and that 
18.20 	continued practice would create a serious risk of harm to others. The suspension is in effect 
18.21 	upon service of a written order on the registrant specifying the statute or rule violated. The 
18.22 	order remains in effect until the commissioner issues a final order in the matter after a 
18.23 	hearing or upon agreement between the commissioner and the registrant. Service of the 
18.24 	order is effective if the order is served on the registrant or counsel of record personally or 
18.25 	by first class mail. Within ten days of service of the order, the commissioner shall hold a 
18.26 	hearing on the sole issue of whether there is a reasonable basis to continue, modify, or lift 
18.27 	the suspension. Evidence presented by the commissioner or registrant shall be in affidavit 
18.28 	form only. The registrant or the counsel of record may appear for oral argument. Within 
18.29 	five working days after the hearing, the commissioner shall issue the commissioner's order 
18.30 	and, if the suspension is continued, schedule a contested case hearing within 45 days after 
18.31 	issuance of the order. The administrative law judge shall issue a report within 30 days after 
18.32 	closing of the contested case hearing record. The commissioner shall issue a final order 
18.33 	within 30 days after receipt of that report.
19.1 		Subd. 4.Hearings. If the commissioner proposes to take action against the applicant or 
19.2 	registrant as described in subdivision 1, the commissioner must first notify the applicant or 
19.3 	registrant against whom the action is proposed to be taken and provide the applicant or 
19.4 	registrant with an opportunity to request a hearing under the contested case provisions of 
19.5 	chapter 14. If the applicant or registrant does not request a hearing by notifying the 
19.6 	commissioner within 30 days after service of the notice of the proposed action, the 
19.7 	commissioner may proceed with the action without a hearing.
19.8 		Subd. 5.Reissuance. The commissioner may reinstate and reissue a registration, but as 
19.9 	a condition may impose any disciplinary or corrective measure that the commissioner might 
19.10 	originally have imposed. Any person whose registration has been revoked, suspended, or 
19.11 	limited may have the registration reinstated when, in the discretion of the commissioner, 
19.12 	the action is warranted, provided that the person shall be required by the commissioner to 
19.13 	pay the costs of the proceedings resulting in the revocation, suspension, or limitation of the 
19.14 	registration and reinstatement of the registration and to pay the fee for the current registration 
19.15 	period. The cost of proceedings shall include but not be limited to the cost paid by the 
19.16 	commissioner to the Court of Administrative Hearings and the Office of the Attorney General 
19.17 	for legal and investigative services, the costs of a court reporter and witnesses, reproduction 
19.18 	of records, and Department of Health staff time, travel, and expenses.

19.19 	Sec. 12. [148.6371] REPORTING OBLIGATIONS.
19.20 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
19.21 	constituting grounds for disciplinary action relating to massage therapy or Asian bodywork 
19.22 	therapy under sections 148.636 to 148.6377 may report the violation to the commissioner.
19.23 		Subd. 2.Institutions. A state agency, political subdivision, agency of a local unit of 
19.24 	government, private agency, hospital, clinic, prepaid medical plan, or other health care 
19.25 	institution or organization located in this state shall report to the commissioner any action 
19.26 	taken by the agency, institution, or organization or any of its administrators or medical or 
19.27 	other committees to revoke, suspend, restrict, or condition a registrant's privilege to practice 
19.28 	or treat clients in the institution or, as part of the organization, any denial of privileges or 
19.29 	any other disciplinary action for conduct that might constitute grounds for disciplinary 
19.30 	action under sections 148.636 to 148.6377. The institution, organization, or governmental 
19.31 	entity shall also report the resignation of a registrant prior to the conclusion of any 
19.32 	disciplinary action proceeding for conduct that might constitute grounds for disciplinary 
19.33 	action under sections 148.636 to 148.6377 or prior to the commencement of formal charges 
20.1 	but after the registrant had knowledge that formal charges were contemplated or were being 
20.2 	prepared.
20.3 		Subd. 3.Professional societies. A state or local professional society for massage 
20.4 	therapists or Asian bodywork therapists shall report to the commissioner any termination, 
20.5 	revocation, or suspension of membership or any other disciplinary action taken against a 
20.6 	registrant. If the society has received a complaint that might be grounds for disciplinary 
20.7 	action under sections 148.636 to 148.6377 against a member for whom the society has not 
20.8 	taken any disciplinary action, the society shall report the complaint and the reason the society 
20.9 	has not taken action on the complaint to the commissioner, or shall direct the complainant 
20.10 	to the commissioner.
20.11 		Subd. 4.Licensed health professionals. (a) For purposes of this subdivision, "client" 
20.12 	means an individual receiving health services from a licensed health professional.
20.13 	(b) A licensed health professional shall report to the commissioner personal knowledge 
20.14 	of any conduct by a registrant that the licensed health professional reasonably believes 
20.15 	constitutes grounds for disciplinary action under sections 148.636 to 148.6377, including 
20.16 	conduct indicating that the individual may be incompetent or may be mentally or physically 
20.17 	unable to engage safely in the provision of services. If the information was obtained in the 
20.18 	course of a client relationship, the client is a registrant, and the treating individual successfully 
20.19 	counsels the client to limit or withdraw from practice to the extent required by the 
20.20 	impairment, the commissioner may deem this limitation of or withdrawal from practice to 
20.21 	be sufficient disciplinary action.
20.22 		Subd. 5.Insurers. (a) Four times each year as prescribed by the commissioner, each 
20.23 	insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), 
20.24 	that provided professional liability insurance to massage therapists or Asian bodywork 
20.25 	therapists, or the Joint Underwriting Association under chapter 62I shall submit to the 
20.26 	commissioner a report concerning the registrants against whom malpractice settlements or 
20.27 	awards have been made. The report must contain at least the following information:
20.28 	(1) the total number of malpractice settlements or awards made;
20.29 	(2) the dates the malpractice settlements or awards were made;
20.30 	(3) the allegations contained in the claims or complaints leading to the settlements or 
20.31 	awards made;
20.32 	(4) the dollar amount of each malpractice settlement or award;
21.1 	(5) the regular address of the practice of each registrant against whom an award was 
21.2 	made or with whom a settlement was made; and
21.3 	(6) the name of each registrant against whom an award was made or with whom a 
21.4 	settlement was made.
21.5 	(b) In addition to the information specified in paragraph (a), the insurer shall submit to 
21.6 	the commissioner any information, records, and files, including client charts and records, 
21.7 	the insurer possesses that tend to substantiate a charge that a registrant may have engaged 
21.8 	in conduct that violates sections 148.636 to 148.6377.
21.9 		Subd. 6.Courts. The court administrator of district court or any other court of competent 
21.10 	jurisdiction shall report to the commissioner any judgment or other determination of the 
21.11 	court that adjudges or includes a finding that a registrant is mentally ill, mentally incompetent, 
21.12 	guilty of a felony, guilty of a violation of federal or state narcotics laws or controlled 
21.13 	substances act, or guilty of abuse or fraud under Medicare or Medicaid; that appoints a 
21.14 	guardian of a registrant under sections 524.5-101 to 524.5-502; or that commits a registrant 
21.15 	under chapter 253B.
21.16 		Subd. 7.Self-reporting. A registrant shall report to the commissioner:
21.17 	(1) any personal action that would require a report to be filed under subdivisions 2 to 5 
21.18 	by any person, health care facility, business, or organization;
21.19 	(2) the revocation, suspension, restriction, limitation, or other disciplinary action against 
21.20 	the registrant's license, certificate, registration, or right of practice in another state or 
21.21 	jurisdiction for offenses that would subject the registrant to disciplinary action in this state; 
21.22 	and
21.23 	(3) the filing of charges regarding their license, certificate, registration, or right of practice 
21.24 	in another state or jurisdiction.
21.25 		Subd. 8.Deadlines; forms. Reports required in subdivisions 2 to 5 and 7 must be 
21.26 	submitted no later than 30 days after the reporter learns of the occurrence of the reportable 
21.27 	event or transaction. The commissioner may provide forms for the submission of reports 
21.28 	required in this section, may require reports to be submitted on the forms provided, and 
21.29 	may adopt rules necessary to ensure prompt and accurate reporting.

21.30 	Sec. 13. [148.6372] IMMUNITY.
21.31 		Subdivision 1.Reporting. Any health care facility, business, organization, or person, 
21.32 	other than the registrant who committed the violation, is immune from civil liability or 
22.1 	criminal prosecution for submitting a report to the commissioner, for otherwise reporting 
22.2 	to the commissioner violations or alleged violations of sections 148.636 to 148.6377, or for 
22.3 	cooperating with an investigation of a report, except as provided in this subdivision. Any 
22.4 	person who knowingly or recklessly makes a false report is liable in a civil suit for any 
22.5 	damages suffered by the person or persons so reported and for any punitive damages set by 
22.6 	the court or jury. An action requires clear and convincing evidence that the defendant made 
22.7 	the statement with knowledge of falsity or with reckless disregard for its truth or falsity. 
22.8 	The report or statement or any statement made in cooperation with an investigation or as 
22.9 	part of a disciplinary proceeding is privileged except in an action brought under this 
22.10 	subdivision.
22.11 		Subd. 2.Investigation. The commissioner and employees of the Department of Health 
22.12 	and other persons engaged in the investigation of violations and in the preparation, 
22.13 	presentation, and management of and testimony pertaining to charges of violations of sections 
22.14 	148.636 to 148.6377 are immune from civil liability and criminal prosecution for any actions, 
22.15 	transactions, or publications in the execution of, or relating to, their duties under sections 
22.16 	148.636 to 148.6377.

22.17 	Sec. 14. [148.6373] COOPERATION.
22.18 	(a) A registrant who is the subject of an investigation by or on behalf of the commissioner 
22.19 	shall cooperate fully with the investigation. Cooperation includes:
22.20 	(1) responding fully and promptly to any question raised by or on behalf of the 
22.21 	commissioner relating to the subject of the investigation;
22.22 	(2) providing copies of client or other records in the registrant's possession, as reasonably 
22.23 	requested by the commissioner, to assist the commissioner in the investigation; and
22.24 	(3) appearing at conferences and hearings scheduled by the commissioner.
22.25 	(b) The commissioner shall pay for copies requested. If the commissioner does not have 
22.26 	a written consent from a client permitting access to the client's records, the registrant shall 
22.27 	delete any data in the record that identify the client before providing data to the commissioner. 
22.28 	The commissioner shall maintain any records obtained pursuant to this section as investigative 
22.29 	data under chapter 13. The registrant shall not be excused from giving testimony or producing 
22.30 	any documents, books, records, or correspondence on the grounds of self-incrimination, 
22.31 	but the testimony or evidence may not be used against the registrant in any criminal case.

23.1 	Sec. 15. [148.6374] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
23.2 	Upon judicial review of any disciplinary action taken by the commissioner under sections 
23.3 	148.636 to 148.6377, the reviewing court shall seal the administrative record, except for 
23.4 	the commissioner's final decision, and shall not make the administrative record available 
23.5 	to the public.

23.6 	Sec. 16. [148.6375] EFFECT ON MUNICIPAL ORDINANCES.
23.7 		Subdivision 1.License authority. Effective July 1, 2028, sections 148.636 to 148.6377 
23.8 	preempt the licensure and regulation of massage therapists or Asian bodywork therapists 
23.9 	by a municipality, including, without limitation, conducting a criminal background 
23.10 	investigation and examination of a massage therapist or Asian bodywork therapist, or 
23.11 	applicant for a municipality's credential to practice massage therapy or Asian bodywork 
23.12 	therapy.
23.13 		Subd. 2.Municipal regulation. Sections 148.636 to 148.6377 do not limit a municipality 
23.14 	from:
23.15 	(1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a 
23.16 	business license or permit to conduct business in the municipality; or
23.17 	(2) conducting a criminal background investigation on any owners of a massage therapy 
23.18 	or Asian bodywork therapy establishment who are not registered massage therapists or 
23.19 	registered Asian bodywork therapists.

23.20 	Sec. 17. [148.6376] MASSAGE THERAPY ADVISORY COUNCIL.
23.21 		Subdivision 1.Creation; membership. (a) The Massage Therapy Advisory Council is 
23.22 	created and is composed of five members appointed by the commissioner. All members 
23.23 	must have resided in this state for at least three years immediately preceding appointment. 
23.24 	The advisory council consists of:
23.25 	(1) two public members, as defined in section 214.02; and
23.26 	(2) three members who are registered under sections 148.636 to 148.6377, two of whom 
23.27 	must be registered massage therapists.
23.28 	(b) No more than one member of the advisory council may be an owner or administrator 
23.29 	of a massage therapy education provider.
23.30 		Subd. 2.Administration. The advisory council is established and administered under 
23.31 	section 15.059.
24.1 		Subd. 3.Chair. The advisory council shall elect a chair from among its members.
24.2 		Subd. 4.Duties. The advisory council shall:
24.3 	(1) advise the commissioner on establishing standards of practice and a code of ethics 
24.4 	for registered massage therapists and Asian bodywork therapists;
24.5 	(2) advise the commissioner on distributing information regarding massage therapy and 
24.6 	Asian bodywork therapy practice standards;
24.7 	(3) establish educational requirements, approve massage therapy and Asian bodywork 
24.8 	therapy schools or programs, and conduct or provide for surveys of schools, programs, and 
24.9 	courses; and
24.10 	(4) perform other duties authorized for advisory councils under chapter 214, as directed 
24.11 	by the commissioner.
24.12 		Subd. 5.Expiration. Notwithstanding section 15.059, the advisory council does not 
24.13 	expire.

24.14 	Sec. 18. [148.6377] FEES.
24.15 		Subdivision 1.Fees. Fees are as follows:
24.16 	(1) initial registration with application fee must not exceed $285;
24.17 	(2) biennial registration renewal fee must not exceed $185;
24.18 	(3) late fee, $50;
24.19 	(4) annual inactive status, $50;
24.20 	(5) inactive to active status reactivation, $50;
24.21 	(6) temporary registration, $50; and
24.22 	(7) returned check, $35.
24.23 		Subd. 2.Late renewal fee. An application for registration renewal submitted after the 
24.24 	deadline must be accompanied by a late fee in addition to the required fees.
24.25 		Subd. 3.Nonrefundable fees. All of the fees in this section are nonrefundable.
24.26 		Subd. 4.Deposit. Fees collected by the commissioner under this section must be deposited 
24.27 	into the state government special revenue fund.

25.1 	Sec. 19. INITIAL MASSAGE THERAPY ADVISORY COUNCIL.
 25.2 		Subdivision 1.Initial member appointments. The commissioner of health shall make 
25.3 	the initial appointments to the Massage Therapy Advisory Council authorized under 
25.4 	Minnesota Statutes, section 148.6376, by January 1, 2027. The initial therapist members 
25.5 	appointed to the advisory council need not be registered under Minnesota Statutes, sections 
25.6 	148.636 to 148.6377, prior to initial appointment, but must be a practicing massage therapist 
25.7 	or Asian bodywork therapist with at least five years of experience in the practice of massage 
25.8 	therapy or Asian bodywork therapy. A massage therapist or Asian bodywork therapist 
25.9 	initially appointed to the advisory council must become registered under Minnesota Statutes, 
25.10 	sections 148.636 to 148.6377, by January 1, 2028. If the massage therapist or Asian bodywork 
25.11 	therapist member does not become registered by January 1, 2028, the member must be 
25.12 	removed from the advisory council by the commissioner and a new member who is registered 
25.13 	under Minnesota Statutes, sections 148.636 to 148.6377, must be appointed by the 
25.14 	commissioner.
25.15 		Subd. 2.First advisory council meeting; initial chair. The commissioner of health 
25.16 	shall designate one member from the initial appointments to call the first meeting of the 
25.17 	advisory council. The first meeting must be convened by May 15, 2027. The advisory 
25.18 	council shall elect a chair from its members at the first advisory council meeting.

25.19 	Sec. 20. APPROPRIATION.
 25.20 	$....... in fiscal year 2027 is appropriated from the state government special revenue fund 
25.21 	to the commissioner of health to implement Minnesota Statutes, sections 148.636 to 148.6377.

25.22 	ARTICLE 2
25.23 	CONFORMING AMENDMENTS

25.24 	Section 1. Minnesota Statutes 2024, section 144.0572, subdivision 1, is amended to read:
25.25 		Subdivision 1.Criminal history background check requirements. (a) Beginning 
25.26 	January 1, 2018, An applicant for initial licensure, temporary licensure, or relicensure after 
25.27 	a lapse in licensure as an audiologist or, a speech-language pathologist, or a speech-language 
25.28 	pathology assistant,; an applicant for initial massage therapist or Asian bodywork therapist 
25.29 	registration; or an applicant for initial certification as a hearing instrument dispenser, must 
25.30 	submit to a criminal history records check of state data completed by the Bureau of Criminal 
25.31 	Apprehension (BCA) and a national criminal history records check, including a search of 
25.32 	the records of the Federal Bureau of Investigation (FBI).
26.1 	(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an 
26.2 	audiologist, speech-language pathologist, or hearing instrument dispenser who was licensed 
26.3 	or obtained a certificate before January 1, 2018, must submit to a criminal history records 
26.4 	check of state data completed by the BCA and a national criminal history records check, 
26.5 	including a search of the records of the FBI.
26.6 	(c) An applicant must submit to a background study under chapter 245C.
26.7 	(d) The criminal history records check must be structured so that any new crimes that 
26.8 	an applicant or, licensee, registrant, or certificate holder commits after the initial background 
26.9 	check are flagged in the BCA's or FBI's database and reported back to the commissioner of 
26.10 	human services.

26.11 	Sec. 2. Minnesota Statutes 2024, section 146A.06, subdivision 3, is amended to read:
26.12 		Subd. 3.Exchanging information. (a) The office shall establish internal operating 
26.13 	procedures for:
26.14 	(1) exchanging information with state boards; agencies, including the Office of 
26.15 	Ombudsman for Mental Health and Developmental Disabilities; health-related and law 
26.16 	enforcement facilities; departments responsible for licensing health-related occupations, 
26.17 	facilities, and programs; and law enforcement personnel in this and other states; and
26.18 	(2) coordinating investigations involving matters within the jurisdiction of more than 
26.19 	one regulatory agency.
26.20 	(b) The procedures for exchanging information must provide for the forwarding to the 
26.21 	entities described in paragraph (a), clause (1), of information and evidence, including the 
26.22 	results of investigations, that are relevant to matters within the regulatory jurisdiction of 
26.23 	the organizations in paragraph (a). The data have the same classification in the hands of the 
26.24 	agency receiving the data as they have in the hands of the agency providing the data.
26.25 	(c) The office shall establish procedures for exchanging information with other states 
26.26 	regarding disciplinary action against unlicensed complementary and alternative health care 
26.27 	practitioners.
26.28 	(d) The office shall forward to another governmental agency any complaints received 
26.29 	by the office that do not relate to the office's jurisdiction but that relate to matters within 
26.30 	the jurisdiction of the other governmental agency. The agency to which a complaint is 
26.31 	forwarded shall advise the office of the disposition of the complaint. A complaint or other 
26.32 	information received by another governmental agency relating to a statute or rule that the 
27.1 	office is empowered to enforce must be forwarded to the office to be processed in accordance 
27.2 	with this section.
27.3 	(e) The office shall furnish to a person who made a complaint a description of the actions 
27.4 	of the office relating to the complaint.
27.5 	(f) Effective July 1, 2028, upon request by the commissioner, the office must share all 
27.6 	complaint, investigatory, and disciplinary data regarding a named individual who has 
27.7 	practiced or is practicing massage therapy or Asian bodywork therapy as an unlicensed 
27.8 	complementary and alternative health care practitioner.

27.9 	Sec. 3. Minnesota Statutes 2024, section 146A.09, is amended by adding a subdivision to 
27.10 	read:
27.11 		Subd. 8.Registered massage therapists and Asian bodywork therapists. Effective 
27.12 	July 1, 2028, a person whose registration as a massage therapist or Asian bodywork therapist 
27.13 	under sections 148.636 to 148.6377 has been suspended or revoked by the commissioner 
27.14 	of health must not practice as an unlicensed complementary and alternative health care 
27.15 	practitioner under this chapter during a period of suspension or revocation.

	ARTICLE 1	MASSAGE THERAPY AND ASIAN BODYWORK THERAPY........	Page.Ln 1.8	
	ARTICLE 2	CONFORMING AMENDMENTS........	Page.Ln 25.22