HF 1503

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to health occupations; establishing licensure for massage therapists;
establishing fees; requiring rulemaking; providing penalties; amending
Minnesota Statutes 2008, sections 116J.70, subdivision 2a; 214.01, subdivision
2; proposing coding for new law as Minnesota Statutes, chapter 147F.

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

ARTICLE 1

MASSAGE THERAPY

Section 1.

new text begin [147F.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The following terms used in this chapter have the meanings
given unless otherwise provided by text.
new text end

new text begin Subd. 2. new text end

new text begin Advertise. new text end

new text begin "Advertise" means to publish, display, or disseminate
information, and includes, but is not limited to, the issuance of any card, sign, direct mail,
or causing or permitting in one's name for any sign or marking on or in a building, vehicle,
or structure, or in a newspaper, magazine, directory, or any announcement or display via
any televised, computerized, electronic, or telephonic network or media.
new text end

new text begin Subd. 3. new text end

new text begin Applicant. new text end

new text begin "Applicant" means a person applying for massage therapy
licensure.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Board of Massage Therapy as
established by this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Board-approved program. new text end

new text begin "Board-approved program" means an
instructional program which has been approved by the board as meeting the minimum
requirements for training massage therapists for initial training or continuing education as
established by this chapter or determined by rule.
new text end

new text begin Subd. 6. new text end

new text begin Compensation. new text end

new text begin "Compensation" means the payment, donation, advance,
loan, or contribution of:
new text end

new text begin (1) money, including gratuities, goods, services, or other things of value; and
new text end

new text begin (2) a promise to deliver money, including gratuities, goods, services, or other things
of value.
new text end

new text begin Subd. 7. new text end

new text begin Contact hour. new text end

new text begin "Contact hour" means 50-60 minutes of any one clock
hour during which the student participates in a learning activity under the supervision
of a faculty member of a school, board-approved program, or health care professional
licensed by this state.
new text end

new text begin Subd. 8. new text end

new text begin Credentialing examination. new text end

new text begin "Credentialing examination" means a
massage therapy competency assessment administered by a national testing organization,
that is psychometrically and statistically valid and based on a job task analysis.
new text end

new text begin Subd. 9. new text end

new text begin Massage or massage therapy. new text end

new text begin "Massage" or "massage therapy" means a
health care service that involves systematic and structured touch, assessment and palpation,
pressure and movement of the soft tissues of the recipient for therapeutic purposes.
new text end

new text begin Subd. 10. new text end

new text begin Massage therapist. new text end

new text begin "Massage therapist" means a health care professional
who is licensed under this chapter for the practice of massage therapy for compensation.
new text end

new text begin Subd. 11. new text end

new text begin Municipality. new text end

new text begin "Municipality" means a county, town, city, or other
municipal corporation or political subdivision of this state.
new text end

new text begin Subd. 12. new text end

new text begin Person. new text end

new text begin "Person" means an individual, partnership and association,
company, or corporation, its employees, contracted associates, or representatives.
new text end

new text begin Subd. 13. new text end

new text begin Practice of massage therapy. new text end

new text begin "Practice of massage therapy" means
to engage professionally for compensation or volunteer work in massage therapy or
the instruction of massage therapy technique coursework within the scope of practice
established according to this chapter.
new text end

new text begin Subd. 14. new text end

new text begin Student massage therapist. new text end

new text begin "Student massage therapist" means an
individual who engages in the study or practice of massage therapy without compensation.
new text end

new text begin Subd. 15. new text end

new text begin Thermal application. new text end

new text begin "Thermal application" means the topical
application of cold or heat to superficial tissues.
new text end

Sec. 2.

new text begin [147F.03] LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure required. new text end

new text begin (a) Unless specifically exempted by subdivision
3, a person may not claim to be, offer to be, or engage in being in the practice of massage
therapy without being licensed under this chapter.
new text end

new text begin (b) Each licensed massage therapist shall conspicuously display the license in the
therapist's place of practice.
new text end new text begin new text end

new text begin Subd. 2. new text end

new text begin Designation. new text end

new text begin (a) An individual regulated by this chapter is designated
as a "licensed massage therapist" or "LMT." No individual may use the titles "licensed
massage therapist" or "LMT" or the terms "massage therapy," "massage therapist,"
"licensed masseur," or "licensed masseuse" in connection with the person's name, or any
other words, letters, abbreviations, or insignia indicating or implying that the individual is
licensed by the state unless they have been licensed according to this chapter.
new text end

new text begin (b) The board may adopt rules for the implementation of this section, including the
identification of terms or references that may be used only by licensed massage therapists.
new text end

new text begin (c) A person licensed according to this chapter for the practice of massage therapy
who has received certificates from organizations, agencies, or educational providers is not
prohibited from using the term "certified" as well as terms, letters, or any figures, signs,
or insignia to indicate that certification, provided the certifying body is clearly identified
in the advertising.
new text end

new text begin (d) A person whose license under this chapter has been revoked by the board is
prohibited from the practice of massage therapy.
new text end

new text begin Subd. 3. new text end

new text begin Other health care providers and complementary and alternative
health practitioners. new text end

new text begin (a) Nothing in this section shall limit the practice of any person
licensed, registered, or certified in this state while engaged within the scope and practice
of a profession with established standards and ethics.
new text end

new text begin (b) Nothing in this section shall prohibit any person in this state who is engaged
within the scope and in the role of a profession with established standards and ethics, from:
new text end

new text begin (1) using touch to affect the energy systems, acupoints, Qi meridians, and channels
of energy of the human body including healing touch, polarity therapy bodywork, Reiki,
therapeutic touch, and the forms of Asian bodywork therapy, including acupressure,
Amma, Jin Shin Do Bodymind acupressure, Qigong, Shiatsu, Tuina, Nuad Bo
'Rarn/Traditional Thai Bodywork, Chi Nei Tsang, and Korean hand therapy;
new text end

new text begin (2) using touch, words, and directed movement to deepen awareness of existing
patterns of movement in the body as well as to suggest new possibilities of movement,
including the Feldenkrais method of somatic education, the Alexander technique, the
Trager approach to movement education, and body-mind centering;
new text end

new text begin (3) using touch to effect change in the structure of the body while engaged in the
practice of structural integration including Rolfing structural integration; the Rolf method
of structural integration and Hellerwork;
new text end

new text begin (4) using touch to apply specific pressure to reflex points found on the feet, hands, or
ears including the technique known as reflexology;
new text end

new text begin (5) using touch to effect the circulation of lymphatic fluid, or the pulse of
cerebrospinal fluid including, but not limited to, manual lymph drainage, and craniosacral
therapy;
new text end

new text begin (6) using touch for the application of practices referred to as colon hydrotherapy,
Thai Yoga bodywork, Rosen method, Orthobionomy, and Ayurveda; and
new text end

new text begin (7) the natural health procedures, practices, and treatments in section 146A.01,
subdivision 4.
new text end

new text begin (c) Licensure is not required for the practice of massage therapy by a resident of
another state who is licensed, certified, or registered in the resident's home state, if the
credential is required in that state, and is in Minnesota for no more than 36 days in any
12-month period under one of the following circumstances:
new text end

new text begin (1) the person is a member, contractee, or employee of an amateur or professional
sports team, dance or theater troupe, or other traveling athletic or professional organization;
new text end

new text begin (2) the person is part of an emergency response team working in conjunction with
disaster relief officials;
new text end

new text begin (3) the person is consulting with a massage therapist or other health care professional
duly licensed in this state;
new text end

new text begin (4) the person is conducting clinical research in conjunction with a massage therapist
or other health care professional licensed in this state;
new text end

new text begin (5) the person is a participant in the clinical portion of a massage therapy course,
seminar, workshop, or conference presentation;
new text end

new text begin (6) the person is demonstrating massage therapy techniques as a component of
teaching a course, seminar, workshop, or making a conference presentation, provided:
new text end

new text begin (i) the instructor is not being represented as being licensed under this chapter;
new text end

new text begin (ii) the instructor does not provide massage therapy instruction more than 300 hours
in any 12-month period in this state; and
new text end

new text begin (iii) the instructor only receives compensation for massage therapy as an instructor
and the demonstration is only available to participants enrolled in the course, seminar,
workshop, or conference presentation, or to persons invited to participate as clients.
new text end

new text begin (d) Licensure is not required for students enrolled in a massage therapy program
recognized by the board while the student is completing clinical practice that is under the
supervision of a practitioner licensed, certified, or registered in this state. The student may
not receive compensation for clinical practice and must be clearly identified as a student
massage therapist.
new text end

new text begin (e) Licensure is not required for Native American healers or member of religious
clergy using traditional healing practices, provided that their services are not designated or
implied to be massage or massage therapy.
new text end

new text begin Subd. 4. new text end

new text begin Scope of practice. new text end

new text begin (a) The scope of practice of massage therapy includes:
new text end

new text begin (1) initial and ongoing assessment through observation, palpation, and kinesiological
or orthopedic-style assessments for determining suitability for the most efficient provision
of massage therapy care;
new text end

new text begin (2) use of any or all of the following techniques using the hands, forearms, elbows,
knees or feet, or handheld mechanical or electrical devices that mimic or enhance the
actions of the human hands:
new text end

new text begin (i) effleurage or gliding;
new text end

new text begin (ii) petrissage or kneading;
new text end

new text begin (iii) vibration and jostling;
new text end

new text begin (iv) friction;
new text end

new text begin (v) tapotement or percussion;
new text end

new text begin (vi) compression;
new text end

new text begin (vii) fascial manipulation; and
new text end

new text begin (viii) passive and active stretching within the normal anatomical range of motion;
new text end

new text begin (3) application and use of any of the following:
new text end

new text begin (i) oils, lotions, gels, rubbing alcohol, or powders for the purpose of lubricating
the skin to be massaged;
new text end

new text begin (ii) essential oils or creams with the exception of prescription-requiring medicinal
creams;
new text end

new text begin (iii) hot or cold stones;
new text end

new text begin (iv) salt glows, wraps, or steam bath cabinets; and
new text end

new text begin (v) thermal applications; and
new text end

new text begin (4) accepting a referral to provide services within the scope of practice of massage
therapy as an ancillary or adjunct treatment concomitant to the care of the referring
provider whose scope of practice includes making a diagnosis.
new text end

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

new text begin (1) any form of a diagnosis of illness or disease;
new text end

new text begin (2) prescription of drugs or medicines;
new text end

new text begin (3) intentional adjusting, manipulating, or mobilizing any articulations of the body
or spine by means of a high velocity, low amplitude thrusting force, or as described in
section 146.23 or 148.01; or
new text end

new text begin (4) application of microwave, ultrasound, laser, or injection therapy or moxibustion.
new text end

new text begin Subd. 5. new text end

new text begin Prohibited from practicing. new text end

new text begin A person whose license under this chapter
has been revoked by the board is prohibited from practicing massage therapy.
new text end

new text begin Subd. 6. new text end

new text begin Penalty. new text end

new text begin A person who violates any provision of this chapter is guilty
of a misdemeanor.
new text end

Sec. 3.

new text begin [147F.04] LICENSURE REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements for licensure. new text end

new text begin (a) To be eligible for licensure,
an applicant must:
new text end

new text begin (1) submit a completed application on a form provided by the board along with all
fees required and information that includes:
new text end

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

new text begin (ii) a list of any degrees received from educational institutions;
new text end

new text begin (iii) a description of the applicant's professional training;
new text end

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

new text begin (v) any history of drug or alcohol abuse and any misdemeanor or felony conviction;
new text end

new text begin (2) provide proof, as required by the board, of:
new text end

new text begin (i) having obtained a high school diploma or its equivalent;
new text end

new text begin (ii) being 18 years of age or older;
new text end

new text begin (iii) current cardiopulmonary resuscitation and first aid certification; and
new text end

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

new text begin (3) unless licensed under subdivision 3 or 4, submit a degree, diploma, certificate
of completion, or transcripts verifying completion of a massage therapy program
consisting of a minimum of 500 contact hours of course work and clinical training from a
board-approved school;
new text end

new text begin (4) unless licensed under subdivision 3 or 4, submit proof of having passed a
credentialing examination approved by the board;
new text end

new text begin (5) submit to procedures specified by the board for obtaining a criminal background
check. The applicant shall pay fees associated with obtaining the criminal background
check. The background check shall include records of the Minnesota Bureau of Criminal
Apprehension and the Federal Bureau of Investigation and the results shall be forwarded
directly to the board; and
new text end

new text begin (6) sign a waiver authorizing the board to obtain access to the applicant's records in
this state or any state in which the applicant has engaged in the practice of massage therapy.
new text end

new text begin (b) The board may ask the applicant to provide any additional information necessary
to ensure the applicant is able to practice with reasonable skill and safety to the public.
new text end

new text begin (c) The board may investigate information provided by the applicant to determine
whether the information is accurate and complete.
new text end

new text begin (d) The board shall notify the applicant of action taken on the application and the
reasons for denying licensure, if licensure is denied.
new text end

new text begin Subd. 2. new text end

new text begin Licensure prohibited. new text end

new text begin The board shall deny an application for certification
if the applicant has been convicted of any of the following:
new text end

new text begin (1) prostitution as defined under section 609.321, 609.324, or 609.3242;
new text end

new text begin (2) sexual attack as defined under section 611A.21;
new text end

new text begin (3) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or
new text end

new text begin (4) is a registered sex offender under section 243.166.
new text end

new text begin Subd. 3. new text end

new text begin Licensure by endorsement. new text end

new text begin (a) To be eligible for licensure by
endorsement, the applicant shall:
new text end

new text begin (1) meet the requirements for licensure in subdivision 1, paragraph (a), clauses (1),
(2), (5), and (6), as well as the requirements of subdivision 1, paragraphs (b) and (c);
new text end

new text begin (2) provide documentation acceptable to the board demonstrating the applicant
holds a current massage therapy license, certification, or registration from another state,
Canadian province, or foreign country, whose standards are at least equivalent to those of
this state; and
new text end

new text begin (3) provide proof, determined by the board, demonstrating the applicant's massage
therapy license, certification, or registration from another state is in good standing.
new text end

new text begin (b) In the event that a disciplinary proceeding or unresolved complaint is pending
for a complaint regarding an action of the applicant that would constitute a violation of
this chapter or the rules established by the board, the applicant shall not be licensed in this
state until the proceeding or complaint has been resolved in the applicant's favor. If the
complaint is not resolved in favor of the applicant, licensure shall be denied.
new text end

new text begin (c) Licenses issued by endorsement shall expire on the same schedule as licenses
issued under subdivision 1.
new text end

new text begin (d) Licenses issued by endorsement shall undergo the same expiration procedures
and be renewed by meeting the same requirements as established in subdivisions 5 to 13.
new text end

new text begin Subd. 4. new text end

new text begin Licensure by grandfathering. new text end

new text begin (a) To be eligible for licensure by
grandfathering, the applicant shall:
new text end

new text begin (1) meet the requirements for licensure in subdivision 1, paragraphs (a), clauses (1),
(2), (5), and (6), and (b) and (c);
new text end

new text begin (2) provide documentation specified by the board demonstrating the applicant has
met at least one of the following qualifications:
new text end

new text begin (i) has successfully completed a massage therapy training program consisting of at
least 500 contact hours;
new text end

new text begin (ii) has passed a board-approved credentialing examination;
new text end

new text begin (iii) has for at least two years prior to the effective date of this chapter been an active
member as a massage therapist of a board-approved national professional massage therapy
association that was established prior to January 1, 2000, that offers professional liability
insurance as a benefit of membership, and has an established code of professional ethics,
and can send current membership standing directly to the board from that professional
organization;
new text end

new text begin (iv) has been involved in the practice of massage therapy for an average of two hours
per week for five years prior to the effective date of this chapter;
new text end

new text begin (v) has been involved in the practice of massage therapy for an average of two hours
per week for four years prior to the effective date of this chapter and has successfully
completed 100 contact hours of training in massage therapy; or
new text end

new text begin (vi) has been involved in the practice of massage therapy for an average of two
hours per week for two years prior to the effective date of this chapter and has successfully
completed 300 contact hours of training in massage therapy.
new text end

new text begin (b) Massage therapists issued a license by grandfathering must follow the same
expiration procedures and be renewed by meeting the same requirements in subdivisions 5
to 13.
new text end

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

new text begin Subd. 5. new text end

new text begin License expiration. new text end

new text begin Licenses issued under this chapter shall expire
biennially.
new text end

new text begin Subd. 6. new text end

new text begin Renewal. new text end

new text begin To renew a license the applicant must:
new text end

new text begin (1) biennially complete a renewal application on a form provided by the board;
new text end

new text begin (2) submit the renewal fee;
new text end

new text begin (3) provide evidence of successful completion of 12 hours of approved continuing
education activities in section 147F.09; and
new text end

new text begin (4) submit any additional information within 30 days of the board's request to clarify
information presented in the renewal application, or the renewal request shall be denied.
new text end

new text begin Subd. 7. new text end

new text begin Change of address. new text end

new text begin A licensed massage therapist who changes mailing
addresses must inform the board within 30 days, in writing, of the new address. All notices
or other correspondences mailed to or served on a licensed massage therapist by the board
at the licensed massage therapist's address on file with the board shall be considered as
having been received by the licensed massage therapist.
new text end

new text begin Subd. 8. new text end

new text begin License renewal notice. new text end

new text begin At least 30 days before the license renewal
date, the board shall send out a renewal notice to the last known address of the licensed
massage therapist on file. The notice must include a renewal application and a notice of
fees required for renewal. It must also inform the licensed massage therapist that licensure
will expire without further action by the board if the application for license renewal is not
received by the deadline for renewal. The licensed massage therapist's failure to receive
this notice shall not relieve the licensed massage therapist of the obligation to meet the
deadline or other requirements for license renewal. Failure to receive a notice is not
grounds for challenging expiration of licensure status.
new text end

new text begin Subd. 9. new text end

new text begin Renewal deadline. new text end

new text begin The renewal application and fee must be postmarked
on or before July 31 of the year of renewal, or as determined by the board.
new text end

new text begin Subd. 10. new text end

new text begin Inactive status and return to active status. new text end

new text begin (a) A license may be placed
in inactive status upon application to the board by the licensed massage therapist and upon
payment of an inactive status fee.
new text end

new text begin (b) A licensed massage therapist seeking restoration from inactive to active status
must pay the current renewal fees.
new text end

new text begin (c) Prior to submitting an application to regain licensure status, an applicant must
meet all the criteria for renewal specified in subdivision 6, including continuing education
hours equivalent to one hour for each month of inactive status. If the inactive status
extends beyond five years, a qualifying score on a credentialing examination or completion
of a board-approved eight-week supervised practical experience is required. If the licensed
massage therapist intends to regain active licensure by means of a board-approved
eight-week supervised practical experience, the licensed massage therapist shall be granted
temporary licensure for a period of no more than six months.
new text end

new text begin (d) Inactive status may also be granted by the board upon written request of the
applicant or the applicant's representative with documentation as determined acceptable
by the board for special circumstances, including but not limited to:
new text end

new text begin (1) prolonged illness, temporary disability, or other health concerns;
new text end

new text begin (2) active miliary service;
new text end

new text begin (3) officially declared disasters; or
new text end

new text begin (4) other board-approved circumstances constituting a hardship.
new text end

new text begin Subd. 11. new text end

new text begin Licensure following lapse of licensure status for two years or less. new text end

new text begin For
any individual whose licensure status has lapsed for two years or less, to regain licensure
status, the individual must:
new text end

new text begin (1) apply for licensure renewal according to subdivision 5;
new text end

new text begin (2) document compliance with the continuing education requirements of section
147F.09 since the licensed massage therapist's last renewal; and
new text end

new text begin (3) submit the fees required under section 147.19 for the period not licensed,
including the fee for late renewal.
new text end

new text begin Subd. 12. new text end

new text begin Cancellation due to nonrenewal. new text end

new text begin The board shall not renew, reissue,
reinstate, or restore a license that has lapsed and has not been renewed within two licensure
renewal cycles. A licensed massage therapist whose license is canceled for nonrenewal
must obtain a new license by applying for licensure and fulfilling all requirements in
existence for initial licensure as a licensed massage therapist.
new text end

new text begin Subd. 13. new text end

new text begin Cancellation of license in good standing. new text end

new text begin (a) A licensed massage
therapist holding an active license as a licensed massage therapist in this state may, upon
approval of the board, be granted licensure cancellation if the board is not investigating the
licensee as a result of a complaint or information received, or if the board has not begun
disciplinary proceedings against the licensed massage therapist. Any action by the board
shall be reported as a cancellation of licensure in good standing.
new text end

new text begin (b) A licensed massage therapist who receives board approval for licensure
cancellation is not entitled to a refund of any license fees paid for the licensure period in
which the cancellation of the license occurred.
new text end

new text begin (c) To obtain licensure after cancellation, a licensed massage therapist must obtain a
new license by applying for licensure and fulfilling the requirements then in existence for
obtaining an initial license as a massage therapist.
new text end

new text begin Subd. 14. new text end

new text begin Temporary permit. new text end

new text begin The board may issue a temporary permit to practice
massage therapy to an applicant eligible for licensure under this section, only if the
application for licensure is complete, all applicable requirements in this section have been
met, and a nonrefundable fee set by the board has been paid. The permit remains valid
only until the meeting of the board, where a decision is made on the massage therapist's
application for licensure.
new text end

Sec. 4.

new text begin [147F.05] MASSAGE THERAPY SCHOOL APPROVAL; EXPIRATION
SCHEDULE.
new text end

new text begin (a) A person, institution, or school offering a massage therapy program of instruction
must file a completed application for approval of the program by the board on forms
provided by the board along with required fees.
new text end

new text begin (b) The completed application shall provide proof that at least one of the following
criteria have been met:
new text end

new text begin (1) documentation showing current accreditation by an agency recognized by the
United States Department of Education for any professional program offered by the school
for which the contact hours required for successful completion total 500 hours or more; or
new text end

new text begin (2) a curriculum statement showing the contact hours devoted to each subject with
the following minimums, for a combined total of at least 500 contact hours:
new text end

new text begin (i) 120 combined hours in science subjects of:
new text end

new text begin (A) anatomy and physiology;
new text end

new text begin (B) kinesiology;
new text end

new text begin (C) pathology; and
new text end

new text begin (D) health and hygiene and universal precautions;
new text end

new text begin (ii) 340 combined hours in clinical and practical subjects of:
new text end

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

new text begin (B) massage therapy technique;
new text end

new text begin (C) techniques related to massage therapy;
new text end

new text begin (D) supervised practice;
new text end

new text begin (E) professional ethics and standards;
new text end

new text begin (F) business practices; and
new text end

new text begin (G) conditions which constitute a contraindication to the practice of massage therapy.
new text end

new text begin (c) A listing of the instructional staff and their qualifications as follows:
new text end

new text begin (1) lead instructors of the clinical and practical subjects shall be massage therapists
with three years or more of experience in the practice of massage therapy who:
new text end

new text begin (i) prior to the effective date of this chapter, could qualify to be a licensed massage
therapist; and
new text end

new text begin (ii) after the licensure effective date of this chapter, holds a current massage therapy
license;
new text end

new text begin (2) lead instructors of the science subjects shall either:
new text end

new text begin (i) be massage therapists with three years or more of experience in the practice
of massage therapy who:
new text end

new text begin (A) prior to the effective date of this chapter, could qualify to be a licensed massage
therapist; and
new text end

new text begin (B) after the licensure effective date of this chapter, holds a current massage therapy
license; or
new text end

new text begin (ii) have certification or specific higher education or experience in the subject area
they are teaching.
new text end

new text begin (d) Approval of a massage therapy school shall expire biannually and shall be
renewed by the same process specified in this section.
new text end

Sec. 5.

new text begin [147F.07] BOARD CREATION; DUTIES AND POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Minnesota Board of Massage Therapy is established
under this chapter and consists of six members appointed by the governor.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin Members of the board must have been residents of the state
of Minnesota for three years immediately preceding appointment. Four members must
be massage therapists with at least four years of experience in the practice of massage
therapy in Minnesota. The professional members first appointed need not be licensed
under this chapter for appointment to their first terms on the board, but must possess the
qualifications necessary for licensure under this chapter. Two other members must be
public members as defined under section 214.02. The public members must be consumers
of massage therapy services or caregivers of those utilizing such services.
new text end

new text begin Subd. 3. new text end

new text begin Membership terms; officers; quorum; vacancies; expenses. new text end

new text begin (a)
Members must be appointed for staggered terms of four years, with terms beginning
August 1 of each year.
new text end

new text begin (b) The terms of the initial board members must be determined by lot as follows: two
members must be appointed for a term that expires August 1, 2014; two members must
be appointed for terms that expire August 1, 2013; and two members must be appointed
for terms that expire August 1, 2012. Members of the board serve until the expiration of
the term to which they have been appointed or until their successors have qualified. A
person may not be appointed to serve more than two consecutive terms. No more than
one member who is affiliated in any official capacity with or has any financial interest in
an institution, school, or educational program operating within this state where massage
therapy is taught may serve on the board at one time.
new text end

new text begin (c) The board shall organize annually and select a chair and vice-chair.
new text end

new text begin (d) A majority of the board, including one officer, shall constitute a quorum at
any meeting.
new text end

new text begin (e) The board shall hold at least two regular meetings each year. Additional meetings
may be held at the call of the chair or at the written request of any three members of the
board. A 14-day written advance notice of the board meeting is required.
new text end

new text begin (f) Board members shall receive compensation for their services according to section
15.0575.
new text end

new text begin Subd. 4. new text end

new text begin Staffing; additional powers. new text end

new text begin (a) The board shall appoint and employ an
executive director subject to the terms in section 214.04, subdivision 2a, and may employ
staff necessary to carry out its work.
new text end

new text begin (b) Additional powers of the board include:
new text end

new text begin (1) the board may adopt rules necessary to carry out the provisions in sections
147F.01 to 147F.19;
new text end

new text begin (2) the board may prescribe applications and necessary forms;
new text end

new text begin (3) the board may provide for distribution of information regarding licensed massage
therapy practice;
new text end

new text begin (4) the board shall review applications and grant or deny licensure or licensure
renewal according to the requirements in sections 147F.01 to 147F.19 and applicable rules;
new text end

new text begin (5) the board shall review applications and grant or deny approval of massage
therapy schools and courses according to sections 147F.01 to 147F.19 and applicable rules;
new text end

new text begin (6) the board shall maintain a record of all persons licensed by the board for the
practice of massage therapy and all massage therapy instructional programs holding board
approval;
new text end

new text begin (7) the board shall adopt rules specifying protocols for receiving complaints about
licensed massage therapists and massage therapy schools or instructional programs
approved by the board;
new text end

new text begin (8) the board shall make a determination, after receiving a complaint, whether an
investigation should be initiated and whether disciplinary action should be considered;
new text end

new text begin (9) the board shall require prosecution of any person violating sections 147F.01 to
147F.19, and shall incur any necessary expense relating to the prosecution of violations;
new text end

new text begin (10) the board may issue subpoenas, and compel the attendance of witnesses and the
production of any necessary documents and any other evidentiary material;
new text end

new text begin (11) any board member may administer oaths to witnesses, or take their affirmation;
new text end

new text begin (12) the board shall collaborate with professional organizations, certifying or
accrediting agencies, or other groups or organizations deemed necessary by the board for
the protection of the public; and
new text end

new text begin (13) the board shall keep a record of all its proceedings.
new text end

new text begin Subd. 5. new text end

new text begin Disclosure. new text end

new text begin A disciplinary hearing must be closed to the public. Upon
application of a party in a proceeding before the board under sections 147F.01 to 147F.19,
the board shall produce and permit the inspection and copying, by or on behalf of the
moving party, of any designated documents or papers relevant to the proceedings.
new text end

Sec. 6.

new text begin [147F.09] APPLICATION FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Board action. new text end

new text begin (a) The board shall act on each application for
licensure according to paragraphs (b) to (d).
new text end

new text begin (b) The board shall determine if the applicant meets the requirements for licensure
under section 147F.04. The board may investigate information provided by an applicant to
determine whether the information is accurate and complete.
new text end

new text begin (c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying licensure if licensure is denied, and the applicant's right to review
under paragraph (d).
new text end

new text begin (d) Applicants denied licensure may make a written request to the board within
30 days of the board's notice to appear before the board, and for the board to review
the decision to deny the applicant's license. After reviewing the denial, the board shall
decide whether the denial shall be affirmed. Each applicant is allowed only one request
for review per licensure period.
new text end

new text begin Subd. 2. new text end

new text begin Applications for school program approval. new text end

new text begin (a) The board shall act on
each application for school program approval according to paragraphs (b) to (d).
new text end

new text begin (b) The board shall determine if the applicant school meets the requirements
for educational criteria under section 147F.05. The board may investigate information
provided by an applicant school to determine whether the information is accurate and
complete.
new text end

new text begin (c) The board shall notify each applicant school in writing of action taken on the
application, the grounds for denying approval if approval is denied, and the applicant's
right to review, under paragraph (d).
new text end

new text begin (d) Applicant schools denied approval may make a written request to the board
within 30 days of the board's notice to appear before the board, and for the board to review
the decision to deny the applicant's license. After reviewing the denial, the board shall
decide whether the denial shall be affirmed. Each applicant school is allowed only one
request for review per licensure period.
new text end

Sec. 7.

new text begin [147F.11] CONTINUING EDUCATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Number of required contact hours. new text end

new text begin Two years after the date of
initial licensure and every two years thereafter, a licensed massage therapist must complete
a minimum of 12 contact hours of board-approved continuing education activities and
attest to completion of continuing education requirements by reporting to the board.
new text end

new text begin Subd. 2. new text end

new text begin Approval of continuing education activities. new text end

new text begin The board may approve
continuing education activities that meet the following criteria:
new text end

new text begin (1) the activity directly relates to or contributes to the growth of an applicant in
professional competence in the practice of massage therapy;
new text end

new text begin (2) the activity meets one of the following requirements:
new text end

new text begin (i) is administered or approved by a recognized national, state, or local massage
therapy organization or certifying agency; health care organization; accredited health care
facility; or an accredited college or university;
new text end

new text begin (ii) is offered through a board-approved school; or
new text end

new text begin (iii) is submitted by the program sponsors to the board for review no less than 60
days prior to the first date of the activity and is approved by the board;
new text end

new text begin (3) each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, has verifiable experience
in the field of massage therapy, and special training in the subject matter, or experience
teaching in the subject area;
new text end

new text begin (4) the activity lasts at least one contact hour;
new text end

new text begin (5) there are specific, measurable, written objectives, consistent with the activity
describing the expected outcomes for the participants;
new text end

new text begin (6) the activity sponsor can verify participation and maintains attendance records
for a period of three years; and
new text end

new text begin (7) in addition to lecture courses, workshops, seminars, and conference activities,
applicants may apply a maximum of four hours of the required 12 contact hours by the
following professional activities:
new text end

new text begin (i) teaching a class, workshop, seminar, or presentation relating to massage therapy;
new text end

new text begin (ii) participating in a panel discussion as an expert in massage therapy;
new text end

new text begin (iii) speaking or making a poster presentation at a conference on a subject relating
to massage therapy;
new text end

new text begin (iv) publishing an article in a professional journal, book or chapter in a book, or a
book review in a professional journal or a bulletin related to massage therapy;
new text end

new text begin (v) serving as an instructor for students of massage therapy; or
new text end

new text begin (vi) participating in research as a principal investigator or research assistant.
new text end

new text begin Subd. 3. new text end

new text begin Continuing education topics and delivery. new text end

new text begin (a) Continuing education
program topics may include, but are not limited to, practice of skills employed within
the scope of practice specified in section 147F.03, subdivision 4, related techniques and
modalities, business practices, pathology, prevention of spreading disease and medical
errors, treatment contraindications, anatomy and physiology, areas of professional ethics,
or other course work as approved by the board.
new text end

new text begin (b) The continuing education hours may be completed by any combination of the
following activities:
new text end

new text begin (1) activities attended in person by the applicant including but not limited to lecture,
clinical and practical experience, or supervised externships;
new text end

new text begin (2) activities completed by multimedia such as audio, audiovisual, closed circuit
television, or the Internet, with successful completion of a written examination to evaluate
material presented and retention; and
new text end

new text begin (3) activities completed by correspondence, whether written or electronic, with
successful completion of a written examination to evaluate material presented and
retention.
new text end

new text begin (c) Continuing education contact hours may not be carried forward to another
reporting period.
new text end

new text begin Subd. 4. new text end

new text begin Verification of continuing education credits. new text end

new text begin The board shall periodically
select a random sample of licensed massage therapists and require those licensed massage
therapists to supply the board with evidence of having completed the continuing education
to which they attested. Documentation may come directly from the licensed massage
therapist or from a state or national organization that maintains continuing education
records.
new text end

new text begin Subd. 5. new text end

new text begin Exemption from continuing education activities. new text end

new text begin The board may grant
an exemption for all or part of the requirement for continuing education activities for
circumstances beyond the control of the licensee, including but not limited to:
new text end

new text begin (1) temporary disability or prolonged illness;
new text end

new text begin (2) active miliary service;
new text end

new text begin (3) officially declared disasters; or
new text end

new text begin (4) other board-approved circumstances constituting a hardship.
new text end

Sec. 8.

new text begin [147F.12] DISCIPLINARY ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds for discipline. new text end

new text begin The board may take disciplinary action
according to subdivisions 2 and 3 against persons who have:
new text end

new text begin (1) advertised, represented, or held themselves out as licensed massage therapists
after the expiration, suspension, or revocation of their licenses;
new text end

new text begin (2) engaged in a sexual act with a client while a therapeutic relationship exists; for
purposes of this clause:
new text end

new text begin (i) "sexual act" means sexual contact, sexual intrusion, or sexual penetration; and
new text end

new text begin (ii) "therapeutic relationship" means the period of time commencing with the initial
session of massage therapy and ending upon written termination of the relationship
from either party;
new text end

new text begin (3) failed to refer a patient to a general health care practitioner when the services
required by the client are beyond the level of competence of the massage therapist or
beyond the scope of practice of massage therapy as defined in section 147F.03, subdivision
4;
new text end

new text begin (4) falsified information in a massage therapy license application or attempted to
obtain or obtained a licensure by fraud, deception, or misrepresentation;
new text end

new text begin (5) fraudulently obtained or furnished a massage therapy license; a renewal or
reinstatement of a registration, diploma, certificate, or record; or aided and abetted any
of these acts;
new text end

new text begin (6) a dependence on or addiction to alcohol or any habit-forming drug not medically
necessary for a diagnosed condition or who abuses or engages in the habitual or excessive
use of any illegal habit-forming drug or any controlled substance as defined in section
152.01, subdivision 4, but the board may take into account the licensee's participation in an
alcohol or substance abuse rehabilitation program when considering disciplinary action;
new text end

new text begin (7) a physical or mental condition or disability that renders the licensee unable to
provide massage therapy with reasonable skill and safety or that may endanger the health
or safety of recipients of massage therapy services;
new text end

new text begin (8) refused to submit to a physical or mental examination required by the board;
new text end

new text begin (9) failed 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 any
settlement by the licensee in response to charges or allegations of malpractice of massage
therapy. This notice must be given within 90 days after the entry of the judgment or
settlement and, in the case of a judgment, must contain the name of the court, the case
number, and the names of all parties to the action;
new text end

new text begin (10) been convicted of a felony or pled guilty or nolo contendere to a felony or
committed any prohibited act specified in sections 147F.01 to 147F.19. A certified copy
of the judgment of a court of competent jurisdiction of a conviction or plea shall be
conclusive evidence of the conviction or plea;
new text end

new text begin (11) advertised, represented, held themselves out in any manner, or used any
designation in connection with the person's name as massage therapist without being
licensed or exempt from licensure according to sections 147F.01 to 147F.19;
new text end

new text begin (12) had a license, certificate, or registration revoked or suspended or any other
disciplinary action taken, or an application for licensure, certification, or registration
refused, revoked, or suspended by authorities of another state, territory, or country;
new text end

new text begin (13) committed or repeated an act of gross malpractice, negligence, or incompetency,
or failed to practice massage therapy with the level of care, skill, and treatment which is
recognized by a reasonably prudent massage therapist as being acceptable under similar
conditions and circumstances, regardless of whether actual injury to the recipient is
established;
new text end

new text begin (14) engaged in professional conduct that could result in harm or injury to the public;
new text end

new text begin (15) used fraud, deceit, or misrepresentation when communicating with the general
public, health care professionals, or other business professionals;
new text end

new text begin (16) practiced or offered to practice beyond the scope of the practice of massage
therapy;
new text end

new text begin (17) interfered with an investigation or disciplinary proceeding by willful
misrepresentation of facts or by the use of threats or harassment to prevent a person from
providing evidence in a disciplinary proceeding or any legal action;
new text end

new text begin (18) provided massage therapy services to gain a referral source for financial
purposes; and
new text end

new text begin (19) violated the terms of a disciplinary probation.
new text end

new text begin Subd. 2. new text end

new text begin Temporary suspension of license. new text end

new text begin (a) If the board finds that immediate
action is necessary to protect the health, safety, or welfare of the public, the board
may, upon providing notice to the massage therapist, temporarily suspend the massage
therapist's license for a period not to exceed 30 days. For good cause, the board may
extend the period of the temporary suspension if the board deems this action to be
necessary to protect the health, safety, or welfare of the public pending proceedings for
disciplinary action. A hearing must be held and a final decision rendered regarding
whether to extend the period of the temporary suspension not later than 30 days after the
date on which the board notifies the massage therapist of the temporary suspension.
new text end

new text begin (b) If a massage therapist is charged with or cited for a crime involving violence,
prostitution, or any other sexual offense, the appropriate law enforcement agency shall
report the charge or citation to the board. Upon receiving a report, the board shall
immediately issue a cease and desist order temporarily suspending the license of the
massage therapist. The temporary suspension of the license is effective immediately upon
issuance of the cease and desist order and must not exceed 15 days. For good cause, the
board may extend the period of the temporary suspension if the board deems this action to
be necessary to protect the health, safety, or welfare of the public pending proceedings
for disciplinary action. A hearing must be held and a final decision rendered regarding
whether to extend the period of the temporary suspension not later than 15 days after the
date on which the board issues the cease and desist order.
new text end

new text begin Subd. 3. new text end

new text begin Disciplinary sanctions. new text end

new text begin (a) The board may impose any of the following
sanctions, singly or in combination, when the board finds that any of the conditions or
violations in sections 147F.01 to 147F.19 apply to a massage therapist regulated by
sections 147F.01 to 147F.19:
new text end

new text begin (1) issue a letter of reprimand;
new text end

new text begin (2) publicly censure a massage therapist;
new text end

new text begin (3) place a massage therapist on probationary status and require the massage
therapist to:
new text end

new text begin (i) report regularly to the board upon the matters which are the basis of the probation;
new text end

new text begin (ii) limit all practice and professional activities to those areas prescribed by the
board; and
new text end

new text begin (iii) require the massage therapist to continue or renew professional education
until the required degree of skill has been attained in those areas which are the basis of
the probation;
new text end

new text begin (4) suspend any practitioner's license; and
new text end

new text begin (5) revoke a practitioner's license.
new text end

new text begin (b) The board may withdraw or reduce the conditions of probation when it finds that
the deficiencies which required disciplinary action have been remedied.
new text end

new text begin (c) Where a licensee has been suspended due to a disability of the licensee, the board
may reinstate the licensee if the board is satisfied that the licensee is able to practice
with reasonable skill and safety.
new text end

new text begin (d) As a condition of reinstatement of a suspended license, or removal from
probationary status, the board may impose any disciplinary or corrective measures as
authorized under sections 147F.01 to 147F.19.
new text end

Sec. 9.

new text begin [147F.13] REPORTING VIOLATIONS.
new text end

new text begin (a) The board shall notify any law enforcement agency, professional organization,
or national disciplinary database the board deems necessary to protect the public of any
violation of sections 147F.01 to 147F.19.
new text end

new text begin (b) A person, licensee, corporation, educational institution, health care professional,
or health care facility, and state or local government agency must report to the board any
conviction, determination, or finding that a licensee has committed an act that constitutes
grounds for disciplinary action under sections 147F.01 to 147F.19.
new text end

Sec. 10.

new text begin [147F.14] IMMUNITY.
new text end

new text begin (a) A person is immune from any civil liability for providing information in good
faith to the board according to sections 147F.01 to 147F.19.
new text end

new text begin (b) The board shall not disclose the identity of a person who provides information
unless this information is essential to proceedings conducted under sections 147F.01 to
147F.19, or is required by a court.
new text end

Sec. 11.

new text begin [147F.15] EFFECT ON MUNICIPAL ORDINANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure prohibited. new text end

new text begin The provisions of sections 147F.01 to
147F.19 prohibit the licensure and regulation of a massage therapist by a municipality,
including, without limitation, conducting a criminal background investigation and
examination of a massage therapist or applicant for a license to practice massage therapy.
new text end

new text begin Subd. 2. new text end

new text begin Exception for business license. new text end

new text begin The provisions of sections 147F.01 to
147F.19 do not prohibit a municipality from requiring a massage therapist to obtain a
license or permit to transact business within the jurisdiction of the municipality, if the
license or permit is required of other persons, regardless of occupation or profession, who
transact business within the jurisdiction of the municipality.
new text end

new text begin Subd. 3. new text end

new text begin Municipality may prosecute. new text end

new text begin The provisions of this chapter do not
prohibit any municipality from prosecuting an unlicensed person engaged in the practice
of massage therapy, or a licensed person who is engaged in unlawful conduct.
new text end

Sec. 12.

new text begin [147F.19] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure fee. new text end

new text begin Fees for licensure are:
new text end

new text begin (1) license application fee, $290;
new text end

new text begin (2) license renewal fee, $240;
new text end

new text begin (3) initial school program approval application fee:
new text end

new text begin (i) a school program that has accreditation specified in section 147F.05, paragraph
(b), $250;
new text end

new text begin (ii) a school program without accreditation specified in section 147F.05, paragraph
(b), $500;
new text end

new text begin (4) school approval renewal fee, $100;
new text end

new text begin (5) continuing education activity approval fee, $60;
new text end

new text begin (6) late fee, $60;
new text end

new text begin (7) inactive status fee, $100;
new text end

new text begin (8) temporary permit fee, $60;
new text end

new text begin (9) license verification fee, $30;
new text end

new text begin (10) duplicate license fee, $25;
new text end

new text begin (11) reciprocity verification fee, $30; and
new text end

new text begin (12) reinstatement fee, $175.
new text end

new text begin Subd. 2. new text end

new text begin Proration of fees. new text end

new text begin The board may prorate the initial licensure fee. All
licensed massage therapists will be required to pay the full fee upon license renewal.
new text end

new text begin Subd. 3. new text end

new text begin Penalty for late renewals. new text end

new text begin An application for license renewal submitted
after the deadline must be accompanied by a late fee in addition to the required fees.
new text end

new text begin Subd. 4. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees in subdivision 1 are nonrefundable except
under such conditions as established by the board.
new text end

new text begin Subd. 5. new text end

new text begin Deposit. new text end

new text begin Fees collected by the board under this section must be deposited
in the state government special revenue fund.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2009.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2008, section 116J.70, subdivision 2a, is amended to
read:

Subd. 2a.

License; exceptions.

"Business license" or "license" does not include
the following:

(1) any occupational license or registration issued by a licensing board listed in
section 214.01 or any occupational registration issued by the commissioner of health
pursuant to section 214.13;

(2) any license issued by a county, home rule charter city, statutory city, township, or
other political subdivision;

(3) any license required to practice the following occupation regulated by the
following sections:

(i) abstracters regulated pursuant to chapter 386;

(ii) accountants regulated pursuant to chapter 326A;

(iii) adjusters regulated pursuant to chapter 72B;

(iv) architects regulated pursuant to chapter 326;

(v) assessors regulated pursuant to chapter 270;

(vi) athletic trainers regulated pursuant to chapter 148;

(vii) attorneys regulated pursuant to chapter 481;

(viii) auctioneers regulated pursuant to chapter 330;

(ix) barbers and cosmetologists regulated pursuant to chapter 154;

(x) boiler operators regulated pursuant to chapter 183;

(xi) chiropractors regulated pursuant to chapter 148;

(xii) collection agencies regulated pursuant to chapter 332;

(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
to chapter 150A;

(xiv) detectives regulated pursuant to chapter 326;

(xv) electricians regulated pursuant to chapter 326;

(xvi) mortuary science practitioners regulated pursuant to chapter 149A;

(xvii) engineers regulated pursuant to chapter 326;

(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;

(xix) certified interior designers regulated pursuant to chapter 326;

(xx) midwives regulated pursuant to chapter 147D;

(xxi) nursing home administrators regulated pursuant to chapter 144A;

(xxii) optometrists regulated pursuant to chapter 148;

(xxiii) osteopathic physicians regulated pursuant to chapter 147;

(xxiv) pharmacists regulated pursuant to chapter 151;

(xxv) physical therapists regulated pursuant to chapter 148;

(xxvi) physician assistants regulated pursuant to chapter 147A;

(xxvii) physicians and surgeons regulated pursuant to chapter 147;

(xxviii) plumbers regulated pursuant to chapter 326;

(xxix) podiatrists regulated pursuant to chapter 153;

(xxx) practical nurses regulated pursuant to chapter 148;

(xxxi) professional fund-raisers regulated pursuant to chapter 309;

(xxxii) psychologists regulated pursuant to chapter 148;

(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
82 and 83;

(xxxiv) registered nurses regulated pursuant to chapter 148;

(xxxv) securities brokers, dealers, agents, and investment advisers regulated
pursuant to chapter 80A;

(xxxvi) steamfitters regulated pursuant to chapter 326;

(xxxvii) teachers and supervisory and support personnel regulated pursuant to
chapter 125;

(xxxviii) veterinarians regulated pursuant to chapter 156;

(xxxix) water conditioning contractors and installers regulated pursuant to chapter
326;

(xl) water well contractors regulated pursuant to chapter 103I;

(xli) water and waste treatment operators regulated pursuant to chapter 115;

(xlii) motor carriers regulated pursuant to chapter 221;

(xliii) professional firms regulated under chapter 319B;

(xliv) real estate appraisers regulated pursuant to chapter 82B;

(xlv) residential building contractors, residential remodelers, residential roofers,
manufactured home installers, and specialty contractors regulated pursuant to chapter 326;

(xlvi) licensed professional counselors regulated pursuant to chapter 148B;

new text begin (xlvii) licensed massage therapists regulated pursuant to chapter 147F;
new text end

(4) any driver's license required pursuant to chapter 171;

(5) any aircraft license required pursuant to chapter 360;

(6) any watercraft license required pursuant to chapter 86B;

(7) any license, permit, registration, certification, or other approval pertaining to a
regulatory or management program related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is required to be obtained
from a state agency or instrumentality; and

(8) any pollution control rule or standard established by the Pollution Control
Agency or any health rule or standard established by the commissioner of health or any
licensing rule or standard established by the commissioner of human services.

Sec. 2.

Minnesota Statutes 2008, section 214.01, subdivision 2, is amended to read:

Subd. 2.

Health-related licensing board.

"Health-related licensing board" means
the Board of Examiners of Nursing Home Administrators established pursuant to section
144A.19, the Office of Unlicensed Complementary and Alternative Health Care Practice
established pursuant to section 146A.02, the Board of Medical Practice created pursuant
to section 147.01, new text begin the Board of Massage Therapy created pursuant to section 147F.07,
new text end the Board of Nursing created pursuant to section 148.181, the Board of Chiropractic
Examiners established pursuant to section 148.02, the Board of Optometry established
pursuant to section 148.52, the Board of Physical Therapy established pursuant to section
148.67, the Board of Psychology established pursuant to section 148.90, the Board of
Social Work pursuant to section 148D.025, the Board of Marriage and Family Therapy
pursuant to section 148B.30, the Office of Mental Health Practice established pursuant
to section 148B.61, the Board of Behavioral Health and Therapy established by section
148B.51, the Board of Dietetics and Nutrition Practice established under section 148.622,
the Board of Dentistry established pursuant to section 150A.02, the Board of Pharmacy
established pursuant to section 151.02, the Board of Podiatric Medicine established
pursuant to section 153.02, and the Board of Veterinary Medicine established pursuant
to section 156.01.