as introduced - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 04:23pm
A bill for an act
relating to health occupations; establishing licensure for massage therapy and
Asian bodywork therapy; establishing fees; providing criminal penalties; amending
Minnesota Statutes 2020, sections 146A.01, subdivision 4; 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:
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Sections 148.635 to 148.6363 may be cited as the "Minnesota Massage Therapy and
Asian Bodywork Therapy Act."
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For purposes of sections 148.635 to 148.6363, the terms
defined in this section have the meanings given them.
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"Advisory council" means the Massage Therapy Advisory
Council established under section 148.6362.
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"Applicant" means an individual who has submitted an application
to the board according to sections 148.635 to 148.6363.
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(a) "Asian bodywork therapy" means therapy based
upon Chinese medical principles with the intent of promoting, maintaining, and restoring
health and well-being by affecting the body and emotions.
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(b) Asian bodywork therapy may use any of the following techniques:
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(1) pressing;
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(2) soothing;
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(3) kneading;
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(4) vibration;
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(5) friction;
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(6) passive stretching within the client's physiological range of motion;
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(7) active assistive and resistive movement;
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(8) stretching; and
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(9) tapping, movement, exercising, or manipulation of the soft tissues.
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(c) Methods of assessment and evaluation for Asian bodywork therapy may 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.
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"Board" means the Board of Nursing established under section 148.181.
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"Client" means a recipient of massage therapy services or Asian
bodywork therapy services.
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"Credentialing examination" means an examination
approved by the board that meets recognized psychometric principles and standards and is
administered by a national testing organization.
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"Licensed Asian bodywork therapist"
or "Asian bodywork therapist" means an individual who meets the qualifications in sections
148.635 to 148.6363 for the practice of Asian bodywork therapy and is licensed by the
board.
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"Licensed massage therapist" or "massage
therapist" means an individual who meets the qualifications in sections 148.635 to 148.6363
for the practice of massage therapy and is licensed by the board.
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(a) "Massage therapy" means the manual manipulation of
the soft tissues of the body to promote, maintain, and restore health and well-being.
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(b) Massage therapy may use any of the following techniques:
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(1) stroking;
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(2) gliding;
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(3) lifting;
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(4) kneading;
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(5) jostling;
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(6) vibration;
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(7) percussion;
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(8) compression;
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(9) friction;
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(10) holding;
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(11) passive stretching within the client's physiological range of motion;
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(12) movement or manipulation of the soft tissues;
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(13) active assistive and resistive movement; and
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(14) stretching.
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(c) Methods of assessment for massage therapy may include a health history and intake
interview; observation of posture and movement; palpation; range of motion assessment;
and with the client's permission 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.
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"Municipality" means a county, town, or home rule charter or
statutory city.
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The board, in consultation with the advisory council, shall:
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(1) issue licenses to qualified applicants according to sections 148.635 and 148.6363;
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(2) adopt rules, including standards of practice and a professional code of ethics, necessary
to implement the provisions of sections 148.635 to 148.6363;
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(3) assign duties to the advisory council that are necessary to implement the provisions
of sections 148.635 to 148.6363;
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(4) approve a credentialing examination;
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(5) establish educational requirements, approve massage therapy and Asian bodywork
therapy schools or programs, and conduct or provide for surveys of schools, programs, and
courses;
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(6) enforce sections 148.635 to 148.6363 and investigate violations of section 148.636
by a licensee or applicant;
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(7) impose discipline as described in section 148.636;
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(8) maintain a record of names and addresses of licensees; and
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(9) distribute information regarding massage therapy and Asian bodywork therapy
standards, including applications and forms necessary to carry out the provisions of sections
148.635 to 148.6363.
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The practice of massage therapy and Asian bodywork
therapy does not include:
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(1) performing examinations for the purpose of diagnosis;
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(2) providing treatments that are outside the scope of massage therapy or Asian bodywork
therapy practice;
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(3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by
the use of high-velocity, low-amplitude thrusting force;
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(4) attempts to stimulate various points of the body or interruption of the cutaneous
integrity by needle insertion to secure therapeutic relief of symptoms;
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(5) prescriptive exercise;
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(6) manual or mechanical traction when applied to the spine or extremities for the
purposes of joint mobilization or manipulation;
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(7) injection therapy;
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(8) laser therapy;
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(9) microwave diathermy;
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(10) electrical stimulation;
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(11) ultrasound;
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(12) iontophoresis; or
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(13) phonophoresis.
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If a reasonably prudent massage
therapist or Asian bodywork therapist finds a client's medical condition is beyond the scope
of practice established by sections 148.635 to 148.6363 or by rules of the board for a licensed
massage therapist or Asian bodywork therapist, the therapist must refer the client to a
licensed health care provider. Nothing in this subdivision prohibits the massage therapist
or Asian bodywork therapist from continuing to comanage a client's care.
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All client records maintained by a licensed massage therapist
or Asian bodywork therapist are subject to sections 144.291 to 144.298.
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Effective January 1,
2022, no person shall practice or attempt to practice massage therapy or Asian bodywork
therapy or use any of the terms or titles "massage therapist," "MT," "Asian bodywork
therapist," "ABT," or any other term or title that may lead the public to believe that the
person is engaged in the practice of massage therapy or Asian bodywork therapy unless the
person is licensed under sections 148.635 to 148.6363 as a massage therapist or Asian
bodywork therapist.
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Any person found to be in violation of subdivision 1 is guilty of a
gross misdemeanor.
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Nothing in sections 148.635 to 148.6363 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.
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(a) Nothing in
sections 148.635 to 148.6363 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 advertise or imply that the practitioner is licensed according to sections 148.635 to
148.6363 and the practices are not designated or implied to be massage therapy or Asian
bodywork therapy.
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(b) This subdivision includes any complementary and alternative health care practitioner
who is recognized by or meets the established standards of either a professional organization
or credentialing body that represents or certifies the respective practice based on a minimum
level of training, demonstration of competency, and adherence to ethical standards, and:
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(1) uses touch, words, and directed movement to deepen awareness of existing patterns
of movement as well as to suggest new possibilities of movement;
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(2) uses energy or superficial touch to affect the energy systems of the human body;
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(3) uses touch to effect change in the structure of the body while engaged in the practice
of structural integration; or
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(4) practices reflexology.
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Nothing in sections 148.635 to 148.6363 shall be construed
to prohibit, restrict, or regulate individuals providing:
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(1) massage emergency response team services working in conjunction with disaster
relief officials;
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(2) massage therapy services or Asian bodywork therapy services provided by out-of-state
massage therapists or Asian bodywork therapists that are incidental to a specific event, such
as an amateur sports competition, dance performance or event, or other similar athletic
events;
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(3) instruction of education courses in massage therapy or Asian bodywork therapy if
the instruction does not involve the direct delivery of massage therapy services or Asian
bodywork therapy services;
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(4) massage therapy services or Asian bodywork therapy services provided as an
employee of the United States government or any federal government entity while acting
in the course and scope of such employment;
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(5) massage therapy services or Asian bodywork therapy services provided by massage
therapy students or Asian bodywork therapy students practicing under supervision as part
of a school-sanctioned activity; or
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(6) massage therapy services or Asian bodywork therapy services provided without
remuneration to family members.
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(a) To be eligible for licensure as a
massage therapist or Asian bodywork therapist according to sections 148.635 to 148.6363,
an applicant must submit to the board:
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(1) a completed application on a form provided by the board that includes:
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(i) the applicant's name, Social Security number, home address and telephone number,
and business address and telephone number;
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(ii) a list of credentials held by the applicant in this state or in any other jurisdiction;
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(iii) a description of any jurisdiction's refusal to license or credential the applicant;
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(iv) a description of all professional disciplinary actions initiated against the applicant
in this state or any other jurisdiction;
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(v) any history of drug or alcohol abuse;
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(vi) any misdemeanor, gross misdemeanor, or felony convictions; and
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(vii) any other additional information requested by the board;
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(2) proof, as required by the board, that the applicant has satisfactorily completed a
postsecondary massage therapy program or Asian bodywork therapy program through a
school or program that:
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(i) is licensed by or registered with the Minnesota Office of Higher Education or has
conditional approval for a registered school and provisional license from the Minnesota
Office of Higher Education;
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(ii) has institutional accreditation from an agency recognized by the United States
Department of Education; and
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(iii) meets the education and training requirements described under subdivision 2 or 3;
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(3) proof of successful passage of a credentialing examination approved by the board;
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(4) proof, as required by the board, 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
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(5) any applicable fees as specified in section 148.6363.
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(b) The applicant must submit to a criminal background check conducted in accordance
with section 214.075 and pay any fees associated with conducting the criminal background
check.
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(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
board 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.
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(a)
An applicant for licensure as a massage therapist under subdivision 1 whose application is
received by the board before January 1, 2027, must submit to the board proof of satisfactorily
completing a postsecondary program that meets the requirements in subdivision 1, paragraph
(a), clause (2), and includes education and training in:
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(1) anatomy;
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(2) physiology;
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(3) pathology;
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(4) massage therapy;
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(5) massage therapy history, theory, and research;
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(6) professional ethics;
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(7) therapeutic interpersonal communications and standards of practice;
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(8) business and legal practices related to massage therapy; and
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(9) supervised practice demonstrating safe use of equipment and supplies.
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(b) An applicant for licensure as a massage therapist under subdivision 1 whose
application is received by the board on or after January 1, 2027, must submit to the board
proof of satisfactorily completing a postsecondary massage therapy program that meets the
requirements in subdivision 1, paragraph (a), clause (2), and either:
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(1) has programmatic accreditation for massage therapy training programs from an
agency recognized by the United States Department of Education; or
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(2) includes at least 625 contact hours of education and training composed of 500 contact
hours of synchronous or asynchronous classroom instruction in the areas listed in paragraph
(a) and 125 contact hours of supervised student clinical practice.
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(c) A massage 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 synchronous or asynchronous classroom
instruction in the subjects listed in paragraph (a).
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(d) No student shall begin a supervised clinical practice of massage therapy without
providing proof to the massage therapy school or program of professional liability insurance
coverage of up to $2,000,000 per occurrence and $6,000,000 annual aggregate. The
professional liability insurance coverage required under this paragraph may be offered to
the student by the school or program.
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(a) An applicant for licensure as an Asian bodywork therapist under subdivision
1 whose application is received by the board before January 1, 2027, must submit to the
board proof of satisfactorily completing a postsecondary program that meets the requirements
in subdivision 1, paragraph (a), clause (2), and includes education and training in:
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(1) anatomy;
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(2) physiology;
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(3) pathology;
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(4) Asian bodywork therapy;
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(5) traditional Chinese medicine theory;
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(6) Asian bodywork history, theory, and research;
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(7) professional ethics;
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(8) therapeutic interpersonal communications and standards of practice;
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(9) business and legal practices related to Asian bodywork therapy; and
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(10) supervised practice demonstrating safe use of equipment and supplies.
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(b) An applicant for licensure as an Asian bodywork therapist under subdivision 1 whose
application is received by the board on or after January 1, 2027, must submit to the board
proof of satisfactorily completing a postsecondary program that meets the requirements in
subdivision 1, paragraph (a), clause (2), and either:
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(1) has programmatic accreditation for Asian bodywork therapy training programs from
an agency recognized by the United States Department of Education; or
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(2) includes at least 625 contact hours of education and training composed of 500 contact
hours of synchronous or asynchronous classroom instruction in the areas listed in paragraph
(a) and 125 contact hours of supervised student clinical practice.
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(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 synchronous or asynchronous
classroom instruction in the subjects listed in paragraph (a).
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(d) No student shall 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 professional liability insurance coverage required under this paragraph may
be offered to the student by the school or program.
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(a) To be eligible for licensure by endorsement,
an applicant must:
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(1) meet the requirements for licensure in subdivision 1 with the exception of subdivision
1, paragraph (a), clauses (2) and (3);
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(2) provide proof as required by the board 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
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(3) provide proof as required by the board of a current and unrestricted equivalent
credential in another jurisdiction that has qualifications at least equivalent to the requirements
of sections 148.635 to 148.6363.
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(b) Licenses issued by endorsement expire on the same schedule and are required to be
renewed by the procedures described under section 148.6357, subdivision 2.
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(a) To be eligible for licensure by prior
experience, an applicant must submit to the board:
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(1) the requirements for licensure in subdivision 1, with the exception of subdivision 1,
paragraph (a), clauses (2) and (3); and
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(2) proof of experience, as required by the board, in the practice of massage therapy or
Asian bodywork therapy for at least two of the previous five years immediately preceding
the licensure application date.
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(b) Licenses issued under this subdivision expire on the same schedule and are required
to be renewed by the procedures described under section 148.6357, subdivision 2, unless
the license is canceled due to nonrenewal under section 148.6357, subdivision 8, in which
case the individual must apply for a new license under the initial licensure requirements in
subdivision 1.
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(c) The application for licensure by prior experience under this subdivision must be
received by the board before January 1, 2024.
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(a) The board may issue a temporary permit to practice
massage therapy or Asian bodywork therapy to an applicant eligible for licensure under this
section if the application for licensure is complete, all applicable requirements have been
met, and applicable fees have been paid. The temporary permit remains valid until the board
takes action on the applicant's application, or 90 days from the temporary permit's issuance,
whichever is sooner.
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(b) A temporary permit holder is considered a licensee for purposes of sections 148.6359
and 148.636.
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(c) Practicing without a temporary permit is a violation of section 148.6359.
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Licenses issued according to sections 148.635 to
148.6363 expire biennially.
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To be eligible for licensure renewal, an applicant must biennially,
or as determined by the board, submit to the board:
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(1) a completed renewal application on a form provided by the board;
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(2) any applicable fees as specified in section 148.6363;
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(3) proof of current professional liability coverage with at least $2,000,000 of coverage
per occurrence and $6,000,000 annual aggregate; and
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(4) any additional information requested by the board to clarify information presented
in the renewal application. The information must be submitted within 30 days after the
board's request or the renewal request is canceled.
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A licensee or applicant who changes addresses must inform
the board in writing within 30 days of the change of address. Notices or other correspondence
mailed to or served on a licensee or applicant at the licensee or applicant's current address
on file must be considered as received by the licensee or applicant.
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(a) At least 60 days before the licensure expiration
date, the board shall send out a renewal notice to the last known address of the licensee.
The notice must include:
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(1) a renewal application;
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(2) a notice of fees required for renewal; and
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(3) information stating that licensure will expire without further action by the board if
an application for licensure renewal is not received before the deadline for renewal.
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(b) The licensee's failure to receive the renewal notice shall not relieve the licensee of
the obligation to meet the deadline and other requirements for licensure renewal. Failure to
receive the notice is not grounds for challenging expiration of licensed status.
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The renewal application and fee must be received by the
board or must be postmarked before the license's expiration date. If the postmark is illegible,
the application must be considered timely if received by the third working day after the
deadline.
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(a) A license may be placed in
inactive status upon application to the board by the licensee and upon payment of an inactive
status fee as specified in section 148.6363. Failure to pay the annual inactive status fee shall
result in a lapse of licensure.
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(b) A licensee seeking licensure restoration to active status from inactive status must:
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(1) apply to the board for licensure renewal according to subdivision 2; and
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(2) submit the applicable reactivation fee as specified in section 148.6363.
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(c) If the license has been in inactive status for more than five years, the applicant must
also receive a passing score on a credentialing examination before the restoration of the
license to active status.
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To regain active licensure
status for a license that has lapsed for two years or less, the applicant must:
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(1) apply to the board for licensure renewal according to subdivision 2; and
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(2) submit all applicable renewal fees for the period not licensed, including the fee for
late renewal.
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The board shall not renew, reissue, reinstate,
or restore a license that has lapsed and has not been renewed within two years. An individual
whose license is canceled for nonrenewal must obtain a new license by applying for licensure
and fulfilling all requirements under section 148.6356, subdivision 1, for initial licensure
as a massage therapist or Asian bodywork therapist.
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(a) The board must act on each application for licensure or
renewal according to this section.
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(b) The board shall determine if the applicant meets the requirements for licensure or
renewal under section 148.6356 or 148.6357. The board may investigate information provided
by an applicant to determine whether the information is accurate and complete and may
request additional information or documentation.
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(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying licensure if licensure is denied, and the applicant's right to review
under paragraph (d).
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(d) An applicant denied licensure may make a written request to the board within 30
days of the board's notice to appear before the advisory council and for the advisory council
to review the board's decision to deny licensure. After reviewing the denial, the advisory
council shall make a recommendation to the board as to whether the denial must be affirmed.
Each applicant is allowed only one request for review per licensure period.
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(a) Except as provided in paragraph (b), the board shall
deny an application for licensure if an applicant:
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(1) has been convicted in this state of any of the following crimes or of equivalent crimes
in another state:
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(i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
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(ii) criminal sexual conduct under sections 609.342 to 609.3451 or 609.3453; or
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(iii) a violent crime as defined under section 611A.08, subdivision 6;
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(2) is a registered sex offender under section 243.166;
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(3) has been subject to disciplinary action under section 146A.09, if the board determines
that such denial is necessary to protect the public; or
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(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 the practice
of massage therapy or Asian bodywork therapy in this state and the charge or complaint
has not been resolved in favor of the applicant.
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(b) The board may establish criteria whereby an individual convicted of an offense listed
in paragraph (a) may become licensed if the criteria:
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(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;
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(2) provide a standard for overcoming the presumption; and
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(3) require that a minimum of ten years has elapsed since the applicant was released
from incarceration or supervisory jurisdiction related to the offense.
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(c) The board shall not consider an application under paragraph (b) if the board determines
that the victim involved in the offense was a client of the applicant at the time of the offense.
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(a) The board may deny, revoke, suspend, limit, or
condition the licensure of a licensed massage therapist or licensed Asian bodywork therapist
or may otherwise discipline a licensee. The fact that massage therapy or Asian bodywork
therapy may be considered a less customary approach to health care shall not by itself
constitute the basis for disciplinary action.
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(b) The following are grounds for disciplinary action regardless of whether injury to a
client is established:
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(1) failing to demonstrate the qualifications or to satisfy the requirements for licensure
under sections 148.635 to 148.6363 or rules of the board. In the case of an applicant, the
burden of proof is on the applicant to demonstrate the qualifications or satisfy the
requirements;
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(2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not
limited to:
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(i) advertising or holding oneself out as a "massage therapist," "MT," "Asian bodywork
therapist," "ABT," or any abbreviation or derivative thereof to indicate such a title, when
such licensure is not valid or current for any reason;
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(ii) advertising or holding oneself out as a "licensed massage therapist," "licensed Asian
bodywork therapist," or any abbreviation or derivative thereof to indicate such a title, except
if the individual holds a license in another state or jurisdiction and does not provide services
in Minnesota;
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(iii) advertising a service, the provision of which would constitute a violation of this
chapter or rules established by the board; and
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(iv) using fraud, deceit, or misrepresentation when communicating with the general
public, health care providers, or other business professionals;
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(3) falsifying information in a massage therapy or Asian bodywork therapy licensure or
renewal application or attempting to obtain licensure, renewal, or reinstatement by fraud,
deception, or misrepresentation, or aiding and abetting any of these acts;
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(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;
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(5) committing an act of gross malpractice, negligence, or incompetency, or failing to
practice massage therapy or Asian bodywork therapy with the level of care, skill, and
treatment that is recognized by a reasonably prudent massage therapist or Asian bodywork
therapist as being acceptable under similar conditions and circumstances;
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(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;
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(7) being the subject of disciplinary action as a massage therapist or Asian bodywork
therapist in another state or jurisdiction if the board or advisory council determines that the
cause of the disciplinary action would be a violation under this state's statutes or rules of
the board had the violation occurred in this state;
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(8) failing to notify the board of revocation or suspension of a credential, or any other
disciplinary action taken by this or any other state, territory, or country, including any
restrictions on the right to practice; or the surrender or voluntary termination of a credential
during a board investigation of a complaint, as part of a disciplinary order, or while under
a disciplinary order;
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(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;
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(10) if a licensee is on probation, failing to abide by terms of probation;
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(11) practicing or offering to practice beyond the scope of the practice of massage therapy
or Asian bodywork therapy;
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(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;
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(13) revealing a privileged communication from or relating to a client except when
otherwise required or permitted by law;
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(14) providing massage therapy services or Asian bodywork therapy services that are
linked to the financial gain of a referral source;
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(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;
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(16) engaging in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws or state medical assistance laws;
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(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 licensee's level of training or experience;
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(18) failing to cooperate with an investigation of the board or its representatives, including
failing to: respond fully and promptly to any question raised by or on behalf of the board
relating to the subject of the investigation; execute all releases requested by the board;
provide copies of client records as reasonably requested by the board to assist in its
investigation; and appear at conferences or hearings scheduled by the board or its staff;
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(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;
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(20) violating a statute, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;
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(21) aiding or abetting a person in violating sections 148.635 to 148.6363;
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(22) failing to report to the board other massage therapists or Asian bodywork therapists
who commit violations of sections 148.635 to 148.6363; and
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(23) failing to notify the board in writing of the entry of a final judgment by a court of
competent jurisdiction against the licensee for malpractice of massage therapy or Asian
bodywork therapy, or any settlement by the licensee in response to charges or allegations
of malpractice of massage therapy or Asian bodywork therapy. The notice must be provided
to the board within 60 days after the entry of a judgment or date of settlement, and must
contain the name of the court, case number, and the names of all parties to the action.
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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.
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The board may take the actions described
in section 148.261, subdivision 5, if the board has probable cause to believe that grounds
for disciplinary action exist under subdivision 1, paragraph (b), clause (6). The requirements
and limitations described in section 148.261, subdivision 5, must apply.
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For purposes of sections 148.635 to 148.6363, massage therapists or Asian bodywork
therapists and applicants for licensure are subject to sections 148.262 to 148.266.
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The provisions of sections 148.635 to 148.6363
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.
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Sections 148.635 to 148.6363 must not be construed
to limit a municipality from:
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(1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a
business license or permit to conduct business in the municipality; or
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(2) regulating other professions or occupations.
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(a) The Massage Therapy Advisory Council is
created and is composed of five members appointed by the board. All members must have
resided in this state for at least three years immediately preceding appointment. The advisory
council consists of:
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(1) two public members, as defined in section 214.02; and
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(2) three members who are licensed under sections 148.635 to 148.6363, two of whom
must be licensed as massage therapists.
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(b) No more than one member of the advisory council may be an owner or administrator
of a massage therapy education provider.
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The advisory council is established and administered under
section 15.059.
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The advisory council shall elect a chair from among its members.
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The board shall provide meeting space and administrative support
for the advisory council.
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The advisory council shall:
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(1) advise the board on establishing standards of practice and a code of ethics for licensed
massage therapists or Asian bodywork therapists;
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(2) advise the board on distributing information regarding massage therapy or Asian
bodywork therapy practice standards;
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(3) review applications and make recommendations for granting or denying applications
for licensure or licensure renewal;
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(4) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints filed against
licensed massage therapists or Asian bodywork therapists; and
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(5) perform other duties authorized for advisory councils under chapter 214, as directed
by the board.
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Notwithstanding section 15.059, the advisory council does not
expire.
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Fees are as follows:
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(1) initial licensure with application fee must not exceed $285;
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(2) biennial licensure renewal fee must not exceed $185;
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(3) duplicate licensure certificate, $15;
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(4) late fee, $50;
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(5) annual inactive status, $50;
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(6) inactive to active status reactivation, $50;
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(7) temporary permit, $50; and
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(8) returned check, $35.
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An application for licensure renewal submitted after the
deadline must be accompanied by a late fee in addition to the required fees.
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All of the fees in this section are nonrefundable.
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Fees collected by the board under this section must be deposited into
the state government special revenue fund.
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The Board of Nursing shall make the
initial appointments to the Massage Therapy Advisory Council authorized under Minnesota
Statutes, section 148.6362, by October 1, 2021. The initial therapist members appointed to
the advisory council need not be licensed under Minnesota Statutes, sections 148.635 to
148.636, prior to initial appointment, but must be a practicing massage therapist or Asian
bodywork therapist with at least five years experience in the practice of massage therapy
or Asian bodywork therapy. A massage therapist or Asian bodywork therapist initially
appointed to the advisory council must obtain licensure under Minnesota Statutes, sections
148.635 to 148.6363, by January 1, 2023. If the massage therapist member does not obtain
licensure by January 1, 2023, the member shall be removed from the advisory council by
the board and a new member who is licensed under Minnesota Statutes, sections 148.635
to 148.6363, shall be appointed by the board.
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The Board of Nursing shall
designate one member from the initial appointments to call the first meeting of the advisory
council. The first meeting must be convened by November 15, 2021. The advisory council
shall elect a chair from its members at the first advisory council meeting.
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$...... in fiscal year 2022 is appropriated from the state government special revenue fund
to the Board of Nursing to implement Minnesota Statutes, sections 148.635 to 148.6363.
The base for this appropriation is $.......
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Sections 1 to 16 are effective July 1, 2021.
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Minnesota Statutes 2020, section 146A.01, subdivision 4, is amended to read:
(a) "Complementary
and alternative health care practices" means the broad domain of complementary and
alternative healing methods and treatments, including but not limited to: (1) acupressure;
(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally
traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;
(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food
supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)
Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;
(15) homeopathy; (16) nondiagnostic iridology; (17) body work, deleted text begin massage, and massage
therapydeleted text end new text begin somatic movement therapy and movement education, structural integration practices,
and reflexology practicesnew text end ; (18) meditation; (19) mind-body healing practices; (20)
naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such
as Qi Gong energy healing.
(b) Complementary and alternative health care practices do not include surgery, x-ray
radiation, administering or dispensing legend drugs and controlled substances, practices
that invade the human body by puncture of the skin, setting fractures, the use of medical
devices as defined in section 147A.01, any practice included in the practice of dentistry as
defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations
of joints or the spine as described in section 146.23 or 148.01.
(c) Complementary and alternative health care practices do not include practices that
are permitted under section 147.09, clause (11), or 148.271, clause (5).
(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activity of lawfully marketing or distributing food products, including dietary supplements
as defined in the federal Dietary Supplement Health and Education Act, educating customers
about such products, or explaining the uses of such products. Under Minnesota law, an
unlicensed complementary and alternative health care practitioner may not provide a medical
diagnosis or recommend discontinuance of medically prescribed treatments.
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This section is effective January 1, 2022.
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Minnesota Statutes 2020, section 146A.06, subdivision 3, is amended to read:
(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.
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(f) The office shall report to the Board of Nursing all final disciplinary actions against
individuals practicing massage therapy or Asian bodywork therapy as unlicensed
complementary and alternative health care practitioners. Upon request by the Board of
Nursing, the office may share all complaint, investigatory, and disciplinary data regarding
a named individual who has practiced or is practicing massage therapy or Asian bodywork
therapy as an unlicensed complementary and alternative health care practitioner.
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This section is effective January 1, 2022.
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Minnesota Statutes 2020, section 146A.09, is amended by adding a subdivision to
read:
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Persons whose licensure as a massage therapist
or Asian bodywork therapist under sections 148.635 to 148.6363 has been suspended or
revoked by the Board of Nursing must not practice as unlicensed complementary and
alternative health care practitioners under this chapter during a period of suspension or
revocation.
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This section is effective January 1, 2022.
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