HF 1503

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:17pm

A bill for an act
relating to health occupations; providing registration for massage therapists;
amending Minnesota Statutes 2008, section 116J.70, subdivision 2a; proposing
coding for new law in Minnesota Statutes, chapters 148; 325F; repealing
Minnesota Rules, part 2500.5000.

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

ARTICLE 1

MASSAGE THERAPY REGISTRATION

Section 1.

[148.981] CITATION.

Sections 148.981 to 148.9886 may be cited as the "Minnesota Massage Therapy
Act."

Sec. 2.

[148.982] DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section apply to this chapter.

Subd. 2.

Advertise.

"Advertise" means to publish, display, or disseminate
information, and includes, but is not limited to, the issuance of any card, sign, direct mail,
Internet posting or the 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, any listing in any directory
under a classification or heading that includes the words "massage," "massage therapist,"
"therapeutic massage," or "massage therapeutic," or commercials broadcast by any means.

Subd. 3.

Advisory council.

"Advisory council" means the Registered Massage
Therapist Advisory Council established under section 148.9861.

Subd. 4.

Applicant.

"Applicant" means an individual applying for massage therapy
registration or registration renewal.

Subd. 5.

Approved continuing education program.

"Approved continuing
education program" means a continuing education program that meets the continuing
education requirements in section 148.9881 and is approved by the board.

Subd. 6.

Approved massage therapy program.

"Approved massage therapy
program" means a university, college, or other postsecondary education program leading
to eligibility for state registration in massage therapy that meets the requirements of
section 148.988.

Subd. 7.

Board.

"Board" means the Minnesota Board of Nursing.

Subd. 8.

Client.

"Client" means a recipient of massage therapy services.

Subd. 9.

Contact hour.

"Contact hour" means an instructional session of at least
50 consecutive minutes, excluding coffee breaks, registration, meals without a speaker,
and social activities.

Subd. 10.

Credential.

"Credential" means a license, registration, or certification.

Subd. 11.

Competency exam.

"Competency exam" means a massage therapy
competency assessment that is approved by the board and is psychometrically valid, based
on a job task analysis, and administered by a national testing organization.

Subd. 12.

Health care provider.

"Health care provider" means a person who is
credentialed to practice the following: medicine as defined in section 147.081, chiropractic
as defined in section 148.01, podiatry as defined in section 153.01, dentistry as defined in
section 150A.05, physical therapy as defined in section 148.65, advanced practice nursing
as defined in section 148.171, or other state-credentialed providers.

Subd. 13.

Massage or massage therapy.

"Massage" or "massage therapy" means
a health care service involving systematic and structured touch and palpation, pressure
and movement of the muscles, tendons, ligaments, and fascia, in order to reduce muscle
tension, relieve soft tissue pain, improve circulation, increase flexibility, increase activity
of the parasympathetic branch of the autonomic nervous system, or to promote general
wellness, by use of the techniques and applications described in section 148.983.

Subd. 14.

Massage therapist.

"Massage therapist" means a health care professional
registered under this chapter for the practice of massage therapy.

Subd. 15.

Municipality.

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

Subd. 16.

Physical agent modality.

"Physical agent modality" means modalities
that use the properties of light, water, temperature, sound, and electricity to produce
a response in soft tissue.

Subd. 17.

Practice of massage therapy.

"Practice of massage therapy" means
to engage professionally for compensation or as a volunteer in massage therapy or the
instruction of professional technique coursework.

Subd. 18.

Professional organization.

"Professional organization" means an
organization that represents massage therapists, was established before the year 2000,
offers professional liability insurance as a benefit of membership, has an established code
of professional ethics, and is board-approved.

Subd. 19.

State.

"State" means any state in the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, Guam, Canadian province, or
foreign country, except "this state" means the state of Minnesota.

Sec. 3.

[148.983] MASSAGE THERAPY.

(a) The practice of massage therapy by a registered massage therapist includes
the following:

(1) use of any or all of the following techniques using the hands, forearms, or
elbows or handheld mechanical or electrical devices that mimic or enhance the actions of
the human hands: effleurage or gliding; petrissage or kneading; vibration and jostling;
friction; tapotement or percussion; compression; fascial manipulation; passive stretching
within the normal anatomical range of motion; and

(2) application and use of any of the following: oils, lotions, gels, rubbing alcohol,
or powders for the purpose of lubricating skin to be massaged; essential oils, or creams,
with the exception of prescription-requiring medicinal creams; hot or cold stones; salt
glows and wraps; and ice.

(b) The practice of massage therapy does not include any of the following:

(i) diagnosing any illness or disease; or

(ii) changing recommendations of a state-credentialed health care provider without
consulting that health care provider prior to altering a course of recommended massage
therapy;

(2) prescription of drugs or medicines;

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

(4) application of physical agent modalities or injection therapy.

Sec. 4.

[148.984] LIMITATIONS ON PRACTICE; REFERRALS.

If a medical condition is beyond the scope of practice established by this chapter or
by rules of the board for a registered massage therapist, the massage therapist must refer
the client to a health care provider as defined in this chapter.

Sec. 5.

[148.985] PROTECTED TITLES AND RESTRICTIONS ON USE.

Subdivision 1.

Designation.

An individual regulated by this chapter is designated as
a "registered massage therapist" or "RMT."

Subd. 2.

Title protection.

No individual may use the title "registered massage
therapist," or use, in connection with the individual's name, the letters "RMT," or any other
titles, words, letters, abbreviations, or insignia indicating or implying that the individual is
registered or eligible for registration by this state as a registered massage therapist unless
the individual has been registered as a massage therapist according to this chapter.

Subd. 3.

Identification of practitioners.

(a) A massage therapist registered in
Minnesota shall be identified as a "registered massage therapist." If not written in full, this
must be designated as RMT. A student attending a massage therapy training program and
providing massage therapy services to the public as part of the student's training must be
identified as a "Student Massage Therapist." This abbreviated designation is "Student MT."

(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 registered massage
therapists as necessary to protect the public.

(c) A practitioner who is credentialed by another state, or who holds certification
from organizations, agencies, or educational providers is not prohibited from using those
terms, letters, or any figures, signs, or insignia to indicate that credential in advertising,
provided the state and the credentialing body are clearly identified in the advertisement.

(d) A practitioner who is licensed in another state may advertise as being a licensed
practitioner provided the state and the licensing agency are clearly identified in the
advertisement.

Subd. 4.

Other health care providers.

Nothing in this chapter may be construed to
prohibit, nor restrict the practice of, nor require massage therapy registration of any of
the following:

(1) a person holding a credential granted by this state, who utilizes massage therapy
techniques within the scope of that credential, provided the practitioner does not imply
that they are registered under this chapter; or

(2) the natural health procedures, practices, and treatments in section 146A.01,
subdivision 4, provided that those services are not advertised, designated, or implied to
be from a registered massage therapist or other terms or abbreviations protected under
this chapter.

Sec. 6.

[148.986] POWERS OF BOARD.

The board, acting with the advice of the Registered Massage Therapist Advisory
Council, shall issue registrations to duly qualified applicants and shall exercise the
following powers and duties:

(1) adopt rules necessary to effect the provisions of sections 148.982 to 148.9886;

(2) conduct a competency exam that an applicant may use as the basis for
establishing competence to be registered under section 148.987;

(3) cause the prosecution of all registrants or applicants for violating sections
148.982 to 148.9886 and have power to incur any associated expense;

(4) impose discipline as described in section 148.9884;

(5) maintain a record of names and addresses of massage therapists registered by
this chapter;

(6) keep a permanent record of all its proceedings; and

(7) employ and establish the duties of personnel necessary to carry on its work.

Sec. 7.

[148.9861] REGISTERED MASSAGE THERAPIST ADVISORY
COUNCIL.

Subdivision 1.

Creation; membership.

(a) The Registered Massage Therapist
Advisory Council is created and is composed of seven members appointed by the board.
All members must have been residents of this state for at least three years prior to
appointment. The advisory council consists of:

(1) three public members, as defined in section 214.02; and

(2) four members who, except for initial appointees, are registered massage
therapists.

(b) Initial appointees shall possess the qualifications necessary to become registered
massage therapists and must do so as soon as applications for registration are available. A
person may not be appointed to serve more than two consecutive full terms.

Subd. 2.

Administration.

The advisory council shall be organized and administered
under section 15.059. The council shall not expire.

Subd. 3.

Duties.

The advisory council shall advise the board regarding:

(1) standards of practice and a code of ethics for registered massage therapists;

(2) distribution of information regarding massage therapist standards;

(3) enforcement of sections 148.982 to 148.9886;

(4) applications and make recommendations of applicants for registration or
registration renewal;

(5) complaints and recommendations regarding disciplinary matters and proceedings
according to sections 214.10, 214.103, and 214.13, subdivisions 6 and 7;

(6) competency exams and approval of continuing education programs; and

(7) perform other duties authorized for advisory councils under chapter 214, or
as directed by the board.

Sec. 8.

[148.987] REGISTRATION REQUIREMENTS.

Subdivision 1.

Registration.

To be eligible for registration under this chapter,
an applicant must:

(1) pay fees under section 148.9886; and

(2) file a written application on a form provided by the board that includes:

(i) the applicant's name, Social Security number, home address and telephone
number, business address and telephone number, and business setting;

(ii) provide proof, as required by the board, of:

(A) having obtained a high school diploma or its equivalent;

(B) being 18 years of age or older;

(C) current cardiopulmonary resuscitation and first aid certification; and

(D) current professional liability insurance coverage, with a minimum of $1,000,000
of coverage per occurrence;

(iii) unless registered under subdivision 3 or 4, evidence satisfactory to the board of
the successful completion of an approved education program;

(iv) unless registered under subdivision 3 or 4, evidence satisfactory to the board of
having passed a board-approved competency exam;

(v) a description of any continuing education programming in which the applicant
claims or advertises competence;

(vi) a list of credentials or memberships held in other states or from private
credentialing or professional organizations;

(vii) a description of any other state or municipality's refusal to credential the
applicant;

(viii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction;

(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(x) additional information as requested by the board;

(xi) the applicant's signature on a statement that the information in the application is
true and correct to the best of the applicant's knowledge; and

(xii) the applicant's signature on a waiver authorizing the board to obtain access to
the applicant's records in this state or any other state in which the applicant has completed
an education program approved by the board or engaged in the practice of massage therapy.

Subd. 2.

Registration prohibited.

The board may deny an application for
registration if the applicant:

(1) has had the ability to practice the natural health procedures, practices, and
treatments in chapter 146A revoked, suspended, or limited with conditions under the
provisions of chapter 146A, if the board determines the denial is necessary to protect
the public; or

(2) is charged or under investigation for complaints that would constitute a violation
of the laws or rules established for the practice of massage therapy in this or any other
state, the applicant shall not be registered until the complaints have been resolved in the
applicant's favor. If a complaint is resolved in favor of the complainant, the application
for registration may be denied.

Subd. 3.

Registration by endorsement.

(a) To be eligible for registration by
endorsement, the applicant shall:

(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3),
items (i), (ii), and (v) to (xii); and

(2) provide proof of a current and unrestricted credential for the practice of massage
therapy in another state that has credentialing requirements at least equivalent to the
requirements under this chapter. Proof shall include records as required by rules of the
board.

(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 sections 148.982 to 148.9886, or rules adopted by the board, the applicant shall not
be registered in this state until the proceeding or complaint has been resolved in the
applicant's favor. If a complaint is resolved in favor of the complainant, the application for
licensure may be denied.

(c) Registrations issued by endorsement shall expire on the same schedule and be
renewed by the same procedures as registrations issued under subdivision 1.

(d) An applicant for registration by endorsement may apply to the board for a
temporary permit under subdivision 5.

Subd. 4.

Registration by grandfathering.

(a) To be eligible for registration by
grandfathering, the applicant shall:

(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3),
items (i), (ii), and (v) to (xii); and

(2) provide proof specified by the board demonstrating the applicant has met at
least one of the following qualifications:

(i) successful completion of at least 500 hours of supervised classroom and hands-on
instruction relating to massage therapy which may be established by an official transcript,
certificate of completion, or other record as approved by the board;

(ii) successful completion of one of the board-approved competency exams which
shall be established by submitting records as required by the board;

(iii) employment for at least the previous two years prior to the effective date of
sections 148.981 to 148.9886 in the practice of massage therapy which shall be established
by Internal Revenue Service income tax return forms, business records, or other records as
approved by the board; or

(iv) active membership in a professional organization for at least two years prior to
the effective date of sections 148.981 to 148.9886 which shall be established by a letter
verifying the applicant's initial membership date and current standing sent directly to the
board from the professional organization, or other records as approved by the board.

(b) Registrations issued by grandfathering shall expire on the same schedule and be
renewed by the same procedures as registrations issued under subdivision 1.

(c) Registration by grandfathering is effective for one year after the first date the
board has made applications available.

(d) An applicant for registration by grandfathering may apply to the board for a
temporary permit under subdivision 5.

Subd. 5.

Temporary permit.

The board may issue a temporary permit to practice
as a registered massage therapist to an applicant eligible for registration under this section
if the application for registration is complete, all applicable requirements in this section
have been met, and the fee required in section 148.9886 has been paid. The temporary
permit is valid until the board makes a decision on the massage therapist's application
for registration.

Sec. 9.

[148.9871] EXPIRATION AND RENEWAL.

Subdivision 1.

Registration expiration.

Registrations issued under section 148.987
expire annually.

Subd. 2.

Renewal.

To be eligible for registration renewal a registrant must:

(1) annually, or as determined by the board, complete a renewal application on a
form provided by the board;

(2) submit the renewal fee;

(3) provide evidence every two years of a total of 12 contact hours of approved
continuing education in section 148.9881; and

(4) submit 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 nullified.

Subd. 3.

Change of address.

A registrant who changes addresses must inform
the board within 30 days, in writing, of the change of address. Notices or other
correspondence mailed to or served on a registrant at the registrant's current address on
file shall be considered received by the registrant.

Subd. 4.

Registration renewal notice.

At least 60 days before the registration
renewal date, the board shall send out a renewal notice to the last known address of the
registrant on file. The notice must include a renewal application and a notice of fees
required for renewal. The notice must inform the registrant that registration will expire
without further action by the board if an application for registration renewal is not received
before the deadline for renewal. The registrant's failure to receive this notice shall not
relieve the registrant of the obligation to meet the deadline and other requirements
for registration renewal. Failure to receive this notice is not grounds for challenging
expiration of registered status.

Subd. 5.

Renewal deadline.

The renewal application and fee must be postmarked
on or before October 1 of the year of renewal or as determined by the board. If the
postmark is illegible, the application shall be considered timely if received by the third
working day after the deadline.

Subd. 6.

Inactive status and return to active status.

(a) A registration may be
placed in inactive status upon application to the board by the registrant and upon payment
of an inactive status fee.

(b) A registrant seeking restoration to active from inactive status must pay the
current renewal fees and all unpaid back inactive fees. The registrant must meet the
criteria for renewal specified in subdivision 7, including continuing education hours
equivalent to one hour for each month of inactive status, prior to submitting an application
to regain registered status. If the inactive status extends beyond five years, a qualifying
score on a competency exam is required.

Subd. 7.

Registration following lapse of registration status for two years or less.

For an individual whose registration status has lapsed for two years or less, to regain
registration status, the individual must:

(1) apply for registration renewal according to subdivision 2;

(2) document compliance with the continuing education requirements in section
148.9881 since the registrant's initial registration or last renewal; and

(3) submit the fees required in section 148.9886 for the period not registered,
including the fee for late renewal.

Subd. 8.

Cancellation due to nonrenewal.

The board shall not renew, reissue,
reinstate, or restore a registration that has lapsed and has not been renewed within two
years. A registrant whose registration is canceled for nonrenewal must obtain a new
registration by applying for registration and fulfilling all requirements then in existence
for initial registration as a massage therapist.

Subd. 9.

Cancellation of registration in good standing.

(a) A registrant holding
active registration as a massage therapist in this state may, upon approval of the board, be
granted registration cancellation if the board is not investigating the person as a result of a
complaint or information received or if the board has not begun disciplinary proceedings
against the registrant. This action by the board shall be reported as a cancellation of
registration in good standing.

(b) A registrant who receives board approval for registration cancellation is not
entitled to a refund of any registration fees paid for the registration period in which
cancellation of the registration occurred.

(c) To obtain registration after cancellation, a registrant must obtain a new
registration by applying for registration and fulfilling the requirements then in existence
for obtaining initial registration as a massage therapist.

Sec. 10.

[148.988] MASSAGE THERAPY PROGRAM.

Subdivision 1.

Initial approval.

An institution desiring to conduct a massage
therapy program from which graduates will be eligible for registration under section
148.987 shall apply to the board, pay fees under section 148.9886, and submit evidence
that the institution is:

(1) teaching or prepared to teach a program of at least 500 contact hours of combined
massage therapy theory and practice training;

(2) licensed by the Minnesota Office of Higher Education or equivalent agency in
another state;

(3) accredited by an agency recognized by the United States Secretary of Education
for accrediting such programs or institutions:

(i) schools without accreditation must meet the requirements of clauses (1) and
(2), must be in the accreditation application process, and must gain accreditation within
two years of the effective date of sections 148.981 to 148.9886 or within two years of
commencing operations as a massage therapy program, whichever is later; and

(ii) an applicant for registration who graduates from a program prior to the program
becoming accredited must pass an approved competency exam; and

(4) prepared to meet other standards established by law and by the board.

Subd. 2.

Continuing approval.

An approved program shall annually make
application to continue approval based on the conditions of subdivision 1.

Subd. 3.

Loss of approval.

If the board determines that an approved massage
therapy program is not maintaining the standards required by applicable law and rules,
notice in writing specifying the defect shall be given to the program. If a program fails to
correct these conditions to the satisfaction of the board within a reasonable time set in
the notice of defect, approval of the program may be revoked and the program shall be
removed from the list of approved massage therapy programs.

Subd. 4.

Reinstatement of approval.

The board may reinstate approval of a
massage therapy program upon submission of satisfactory evidence that its program of
theory and practice, state licensure, and accreditation meets the standards required by law
and rules then in effect.

Sec. 11.

[148.9881] CONTINUING EDUCATION.

Subdivision 1.

Number of required contact hours.

A registered massage therapist
shall complete during every two-year period at least the equivalent of 12 contact hours of
continuing education in programs approved by the board.

Subd. 2.

Approved programs.

The board may approve continuing education
programs that have been taught, sponsored, or approved by:

(1) an approved credentialing or professional organization;

(2) state licensed health care facility;

(3) an accredited college or university; or

(4) a board-approved school.

Subd. 3.

Approval of continuing education programs.

The board may also
approve continuing education programs that do not meet the requirements of subdivision 2
but pay fees under section 148.9886 and meet all of the following criteria:

(1) the program content directly relates to the practice of massage therapy;

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

(3) the program lasts at least 50 minutes per contact hour;

(4) there are specific, measurable, written objectives, consistent with the program,
describing the expected outcomes for the participants; and

(5) the program sponsor has a mechanism to verify participation and maintains
attendance records for three years.

Subd. 4.

Accumulation of contact hours.

A registrant may not apply contact hours
acquired in one two-year reporting period to a future continuing education reporting
period.

Subd. 5.

Verification of continuing education.

The board shall periodically select
a random sample of registrants and require those registrants to supply the board with
evidence of having completed the continuing education to which they attested.

Subd. 6.

Continuing education topics.

Continuing education program topics may
include, but are not limited to, techniques, modalities, and theory directly relating to
the practice of massage therapy, business practices, pathology, prevention of spreading
disease and medical errors, treatment contraindications, anatomy and physiology, areas of
professional ethics, research literacy, or other coursework as approved by the board.

Subd. 7.

Continuing education exemptions.

The board may exempt any person
holding a registration under section 148.987 from some or all of the requirements of
subdivision 1 upon application showing evidence satisfactory to the board of inability to
comply with the requirements because of physical or mental condition or because of other
unusual or extenuating circumstances. No person may be exempted from the requirements
of subdivision 1 more than once in any five-year period.

Sec. 12.

[148.9882] BOARD ACTION ON APPLICATIONS.

(a) The board shall act on each application for registration according to paragraphs
(b) to (d).

(b) The board or advisory council shall determine if the applicant meets the
requirements for registration or renewal under sections 148.987 and 148.9871. The board
or advisory council may investigate information provided by an applicant to determine
whether the information is accurate and complete, including requesting additional
information or documentation.

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

(d) An applicant denied registration 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 the applicant's registration. After reviewing
the denial, the advisory council shall make a recommendation to the board as to whether
the denial shall be affirmed. An applicant is allowed only one request for review per
registration period.

Sec. 13.

[148.9883] GROUNDS FOR DISCIPLINARY ACTION;
MALTREATMENT OF MINORS.

Subdivision 1.

Grounds listed.

The board may deny, revoke, suspend, limit, or
condition the registration of a massage therapist registered or applying for registration
as a massage therapist or may otherwise discipline a registrant as described in section
148.9884. The fact that massage therapy may be a less customary approach to health care
shall not constitute the basis for disciplinary action per se. The following are grounds for
disciplinary action:

(1) failure to demonstrate the qualifications or satisfy the requirements for
registration as a massage therapist contained in sections 148.982 to 148.9886, or rules of
the board. A person applying for registration has the burden of demonstrating the required
qualifications or satisfy the requirements;

(2) engaging in false, fraudulent, deceptive, or misleading advertising, including,
but not limited to:

(i) advertising, representing, or presenting as a "Registered Massage Therapist" or
any abbreviation or derivative of this to indicate this title, when the registration is not
valid or current for any reason;

(ii) advertising, representing, or presenting as a "Licensed Massage Therapist" or
any abbreviation or derivative of this to indicate this title, unless the practitioner currently
holds a valid state license in another state and clearly indicates what state the credential
is held in;

(iii) advertising to offer a service that would constitute a violation of sections
148.981 to 148.9886 or rules adopted by the board shall be considered grounds for
discipline, regardless of whether actual injury to a client is established; and

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

(3) falsified information in a massage therapy registration or renewal application
or attempting to obtain registration, registration renewal, or reinstatement by fraud,
deception, or misrepresentation, or aided and abetted any of these acts;

(4) engaging in conduct with a client that is sexual or may reasonably be interpreted
by the client as sexual, or 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
the behaviors;

(5) failure to refer a client to a general health care provider 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 in section 148.983;

(6) committing an act of gross malpractice, negligence, or incompetency, or failing
to practice massage therapy with the level of care, skill, and treatment that is recognized
by a reasonably prudent massage therapist as being acceptable under similar conditions
and circumstances, regardless of whether actual injury to the client occurs;

(7) actual or potential inability to practice massage 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, regardless of whether actual
injury to the client occurs;

(8) being adjudicated as mentally incompetent, mentally ill, a chemically dependent
person, or a person dangerous to the public by a court of competent jurisdiction, within
or without this state may be considered as evidence of the inability to practice massage
therapy;

(9) being the subject of disciplinary action as a massage therapist by another state or
jurisdiction and the board or advisory council determines that the cause of the disciplinary
action would be a violation under this state's laws or rules if the violation occurred in
this state;

(10) failure to notify the board of having had a credential revoked, suspended,
or any other disciplinary action taken including restrictions on the right to practice, or
an application for credential refused, revoked, suspended, or otherwise disciplined by
authorities of another state, territory, or country; or surrendered or voluntarily terminated a
credential during a board investigation of a complaint, as part of a disciplinary order, or
while under a disciplinary order;

(11) being convicted of or pled guilty or nolo contendere to a felony or other
crime, an element of which is dishonesty or fraud, or proven to have engaged in acts
or practice showing that the applicant or registrant is incompetent or has engaged in
conduct reflecting adversely on the applicant's or registrant's ability or fitness to engage in
the practice of massage therapy;

(12) practicing or offering to practice beyond the scope of the practice of massage
therapy;

(13) improperly managing client records and information including, but not limited
to, failure to maintain adequate client records, comply with a client's request made under
sections 144.291 to 144.298, furnish a client record or report required by law;

(14) revealing a privileged communication from or relating to a client except when
otherwise required or permitted by law;

(15) providing massage therapy services that are in any way linked to the financial
gain of a referral source;

(16) 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;

(17) engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws;

(18) failure to consult the client's health care provider who recommended a course
of massage therapy treatment if the treatment needs to be altered from the original
written recommendations to conform with standards in the massage therapy field or the
practitioner's level of training or experience;

(19) failure to cooperate with an investigation of the board or its representative,
including responding fully and promptly to any question raised by or on behalf of the
board relating to the subject of the investigation, executing all releases requested by
the board, providing copies of client records, requested by the board to assist it in its
investigation, and appearing at conferences or hearings scheduled by the board or its staff;

(20) 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;

(21) violating a law, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;

(22) failure to report to the board other massage therapists who commit violations
of this chapter; or

(23) failure to notify the board, in writing, of the entry of a final judgment by a
court of competent jurisdiction against the registrant for malpractice of massage therapy
or any settlement by the registrant in response to charges or allegations of malpractice
of massage therapy.

The notice in clause (23) must be provided to the board within 60 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.

Subd. 2.

Maltreatment of minors.

Nothing in sections 148.981 to 148.9886 shall
restrict the ability of a local or state agency to take action regarding the maltreatment of
minors under section 609.378 or 626.556. A parent who obtains massage therapy services
for the parent's minor child is not relieved of the duty to seek necessary medical care
consistent with the requirements of sections 609.378 and 626.556. A registered massage
therapist who is providing services to a child who is not receiving necessary medical care
must make a report under section 626.556. A registered massage therapist is a mandated
reporter under section 626.556, subdivision 3.

Subd. 3.

Evidence.

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 that entered the judgment or proceeding is admissible into evidence
without further authentication and constitutes prima facie evidence of the violation.

Sec. 14.

[148.9884] DISCIPLINE; REPORTING.

For purposes of this chapter, registered massage therapists and applicants are subject
to sections 148.262 to 148.266.

Sec. 15.

[148.9885] EFFECT ON MUNICIPAL ORDINANCES.

Subdivision 1.

License authority.

The provisions of sections 148.981 to 148.9886
preempt the licensure and regulation of a registered massage therapist by a municipality,
including, without limitation, conducting a criminal background investigation and
examination of a massage therapist or applicant for a municipal credential to practice
massage therapy.

Subd. 2.

Business license or permit.

The provisions of this chapter 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. A massage therapist working under a business license or
permit must follow the requirement in section 325F.816.

Subd. 3.

Prosecuting authority.

The provisions of this chapter do not prohibit any
municipality of this state from prosecuting:

(1) an unregistered person engaged in the practice of massage therapy; or

(2) a registered massage therapist who is engaged in unlawful conduct.

Sec. 16.

[148.9886] FEES.

Subdivision 1.

Fees.

Fees are as follows:

(1) initial registration with application, $272;

(2) annual registration renewal, $172;

(3) initial school approval with accreditation, $300;

(4) initial school approval without accreditation, $450;

(5) school approval renewal, $175;

(6) continuing education program approval, $40;

(7) duplicate registration certificate, $30;

(8) late fee, $40;

(9) inactive status and inactive to active status reactivation, $100;

(10) temporary permit, $50; and

(11) returned check, $35.

Subd. 2.

Proration of fees.

The board may prorate the initial registration fee. All
registrants are required to pay the full fee upon registration renewal.

Subd. 3.

Penalty fee for late renewals.

An application for registration renewal
submitted after the deadline must be accompanied by a late fee in addition to the required
fees.

Subd. 4.

Nonrefundable fees.

All of the fees in subdivision 1 are nonrefundable.

Subd. 5.

Deposit.

Fees collected by the board under this section shall be deposited
into the state government special revenue fund.

Sec. 17. EFFECTIVE DATE.

This article is effective August 1, 2010.

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; or

(xlvii) registered massage therapists regulated pursuant to chapter 148;

(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.

[325F.816] MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE.

An individual who is issued a municipal or city business license to practice massage
is prohibited from advertising as a licensed massage therapist unless the individual has
received a professional credential from another state; is current in licensure; and remains
in good standing under the credentialing state's requirements.

Sec. 3. REPEALER.

Minnesota Rules, part 2500.5000, is repealed.