Engrossments
Introduction		Posted on 01/13/2014

Section 1.

[148.981] CITATION.

Sections 148.981 to 148.9885 may be cited as the "Minnesota Massage and
Bodywork 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, broadcast, or disseminate
information by any means that can be reasonably construed as an advertisement.

Subd. 3.

Advisory council.

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

Subd. 4.

Applicant.

"Applicant" means an individual applying for registration or
renewal according to this chapter.

Subd. 5.

Approved education provider.

"Approved education provider" means a
university, college, or other postsecondary education provider that meets the requirements
for approval under section 148.988 and which graduates students eligible for registration
according to this chapter.

Subd. 6.

Board.

"Board" means the Minnesota Board of Nursing.

Subd. 7.

Client.

"Client" means a recipient of massage and bodywork therapy
services.

Subd. 8.

Competency exam.

"Competency exam" means a massage and bodywork
therapy competency assessment that is approved by the board based on meeting all of the
following criteria: psychometrically valid; based on a job task analysis; and administered
by a national testing organization.

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.

Health care provider.

"Health care provider" means a person who is
state credentialed to provide 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.01, physical therapy as defined in section 148.65, or other
state-credentialed providers.

Subd. 12.

Massage and bodywork therapy.

"Massage and bodywork 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. 13.

Municipality.

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

Subd. 14.

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. 15.

Practice of massage and bodywork therapy.

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

Subd. 16.

Professional organization.

"Professional organization" means an
organization that represents massage and bodywork therapists, was established before
the year 2005, offers professional liability insurance as a benefit of membership, has an
established code of professional ethics, and is board approved.

Subd. 17.

Registered massage and bodywork therapist or registrant.

"Registered
massage and bodywork therapist" or "registrant" means a health care provider registered
according to this chapter for the practice of massage and bodywork therapy.

Subd. 18.

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 AND BODYWORK THERAPY.

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

(1) 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: 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 the 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/or heat or ice.

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

(1) diagnosing any illness or disease;

(2) altering a course of recommended massage and bodywork therapy when
recommended by a state-credentialed health care provider without first consulting that
health care provider;

(3) prescription of drugs or medicines;

(4) 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

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

Sec. 4.

[148.984] LIMITATIONS ON PRACTICE.

If a reasonably prudent massage and bodywork therapist finds a client's medical
condition is beyond the scope of practice established by this chapter or by rules of the
board for a registered massage and bodywork therapist, the massage and bodywork
therapist must refer the client to a health care provider as defined in this chapter, but is
not prohibited from comanaging the client.

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 and bodywork therapist" or "RMBT."

Subd. 2.

Title protection.

No individual may use the title "registered massage and
bodywork therapist," or use, in connection with the individual's name, the letters "RMBT,"
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 according to this chapter.

Subd. 3.

Identification of registrants.

(a) A massage and bodywork therapist
registered according to this chapter shall be identified as a "registered massage and
bodywork therapist." If not written in full, this must be designated as "RMBT."

(b) The board may adopt rules for the implementation of this section, including the
identification of terms or references that may be used only be registered massage and
bodywork therapists as necessary to protect the public.

(c) A massage and bodywork therapist who is credentialed by another state, or who
holds a certification from organizations, agencies, or educational providers may advertise
using those terms or letters to indicate that credential, provided that the credentialing
body is clearly identified.

Subd. 4.

Other health care providers.

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

(1) a health care provider credentialed by this state, using massage and bodywork
therapy techniques within the scope of the provider's credential, provided the provider
does not advertise or imply that they are registered according to this chapter; or

(2) the natural health procedures, practices, and treatments in section 146A.01,
subdivision 4, provided that the provider does not advertise or imply that they are
registered according to this chapter.

Sec. 6.

[148.986] POWERS OF BOARD.

The board, acting with the advice of the advisory council, shall issue registrations to
duly qualified applicants and shall exercise the following powers and duties:

(1) adopt rules, including standards of practice and a professional code of ethics,
not inconsistent with the law, as may be necessary to enable the board to implement the
provisions of sections 148.981 to 148.9885;

(2) assign duties to the advisory council that are necessary to implement the
provisions of sections 148.981 to 148.9885;

(3) approve or conduct a competency exam;

(4) grant status as an approved education provider according to approval criteria in
section 148.988 and maintain a list of approved education providers;

(5) appoint members to the advisory council according to section 148.9861 and
chapter 214;

(6) enforcement of sections 148.981 to 148.9885, including to cause the prosecution
for violations of section 148.9882 by a registrant or applicant, impose discipline as
described in section 148.9882, and have the power to incur any necessary expense;

(7) maintain a record of names and addresses of registrants;

(8) keep a permanent record of all its proceedings;

(9) distribution of information regarding massage and bodywork therapy standards,
including applications and forms necessary to carry into effect the provisions of sections
148.981 to 148.9885;

(10) taking action on applications according to section 148.9881; and

(11) employ and establish the duties of necessary personnel.

Sec. 7.

[148.9861] ADVISORY COUNCIL.

Subdivision 1.

Creation; membership.

(a) The advisory council is created and is
composed of five 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) two public members, as defined in section 214.02;

(2) three members who, except for initial appointees, are registered massage
and bodywork therapists. Initial appointees shall possess the qualifications necessary
to become registered massage and bodywork therapists and must do so as soon as
applications for registration are available.

(b) A person may not be appointed to serve more than two consecutive full terms.

(c) No more than one member of the advisory council may be an owner or
administrator of a massage and bodywork therapy education provider.

Subd. 2.

Vacancies.

When a vacancy of a member who is a registered massage and
bodywork therapist occurs after expiration of a term, the board may appoint a member
from among qualified candidates or from a list of nominees submitted by professional
organizations. The list must contain twice the number of nominees than is needed to
fill vacancies. Vacancies occurring on the advisory council may be filled for unexpired
terms by appointments by the board according to this section. Members shall hold office
until a successor is appointed and qualified.

Subd. 3.

Administration.

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

Subd. 4.

Duties.

The advisory council shall advise the board regarding:

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

(2) distribution of information regarding massage and bodywork standards;

(3) enforcement of sections 148.981 to 148.9885;

(4) applications and 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) approval of or conducting a competency exam and granting status as an approved
education provider; and

(7) performance of other duties of 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 according to this chapter,
an applicant must:

(1) pay applicable fees;

(2) submit to a criminal background check and pay the fees associated with obtaining
the criminal background check. The background check shall include records of the Bureau
of Criminal Apprehension and the Federal Bureau of Investigation and the results shall be
forwarded directly to the board or its designee; and

(3) 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, successful completion of a curriculum
from an approved education provider;

(iv) unless registered under subdivision 3 or 4, successful completion of a
competency exam;

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

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

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

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

(ix) additional information as requested by the board;

(x) 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

(xi) 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 engaged in
the practice of massage and bodywork therapy.

Subd. 2.

Registration prohibited.

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

(1) has been convicted in this state with any of the following, or in another state of
equivalent crimes:

(i) prostitution as defined under section 609.321, 609.324, or 609.3242;

(ii) sexual attack as defined under section 611A.21;

(iii) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or

(iv) is a registered sex offender under section 243.166;

(2) has been subjected to disciplinary action under section 146A.09, if the board
determines such denial is necessary to protect the public; or

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

Subd. 3.

Registration by endorsement.

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

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

(2) provide proof of a current and unrestricted equivalent credential in another state
that has qualifications at least equivalent to the requirements of this chapter. The proof
shall include records as required by rules of the board.

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

Subd. 4.

Registration by grandfathering.

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

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

(2) provide documentation as 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 and bodywork therapy;

(ii) successful completion of a competency exam;

(iii) evidence of experience in the practice of massage and bodywork therapy for at
least two of the previous five years immediately preceding application; or

(iv) active membership in a professional organization for at least two of the previous
five years immediately preceding application.

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

(c) This subdivision is effective for two years after the first date the board has made
applications available.

Subd. 5.

Temporary permit.

A temporary permit to practice as a registered
massage and bodywork therapist may be issued to an applicant eligible for registration
under subdivision 1, 3, or 4, if the application for registration is complete, all applicable
requirements in this section have been met, and applicable fees have been paid. The
temporary permit remains valid until the board takes action on the applicant's application.

Sec. 9.

[148.9871] EXPIRATION AND RENEWAL.

Subdivision 1.

Registration expiration.

Registrations issued according to this
chapter 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 applicable fees; and

(3) 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 as having been 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. It must also 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 status from inactive status must pay
the current renewal fees and all unpaid back inactive fees. They must meet the criteria
for renewal specified in subdivision 7, 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 any 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; and

(2) submit applicable fees 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 and bodywork therapist.

Subd. 9.

Cancellation of registration in good standing.

(a) A registrant holding
active registration as a massage and bodywork 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. Such 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, an applicant must obtain a new
registration by applying for registration and fulfilling the requirements then in existence
for obtaining initial registration according to this chapter.

Sec. 10.

[148.988] APPROVED EDUCATION PROVIDER.

Subdivision 1.

Initial approval.

To become an approved education provider, the
education provider shall pay applicable fees and apply to the board, submitting evidence
of the following:

(1) teaching a curriculum of at least 500 contact hours of combined massage and
bodywork therapy theory and practice training consisting of at least:

(i) 120 combined hours of science subjects, including anatomy and physiology,
kinesiology, pathology, hygiene, and standard precautions; and

(ii) 340 combined clinical and practical hours, including massage and bodywork
therapy technique, techniques related to massage and bodywork therapy, supervised
practice, professional ethics and standards of practice, massage and bodywork therapy
history, theory, research, and business and legal practices relating to massage and
bodywork therapy; and

(2) licensure or registration by the Minnesota Office of Higher Education or
membership in the Minnesota State College and University system, or similar approval
by an equivalent agency in another state.

Subd. 2.

Continuing approval.

The board shall, as determined necessary, survey
all approved education providers in the state. If the survey results show that an approved
education provider meets all the criteria in subdivision 1 and all adopted rules, the board
shall continue the approved education provider status.

Subd. 3.

Loss of approval.

If the board determines that an approved education
provider is not maintaining the standards required by the statutes and board rules, notice
thereof in writing specifying the defect shall be given to the approved education provider.
If the provider fails to correct these conditions to the satisfaction of the board within a
reasonable time set forth in the notice of defect, the provider may be removed from the list
of approved education providers.

Subd. 4.

Reinstatement of approval.

The board may reinstate approved education
provider status upon submission of satisfactory evidence that the standards required by
statute and board rules then in effect are being met.

Sec. 11.

[148.9881] BOARD ACTION ON APPLICATIONS.

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

(b) The board or advisory council shall determine if the applicant meets the
requirements for registration or renewal under section 148.987 or 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) Applicants 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. Each applicant is allowed only one request for review per
registration period.

Sec. 12.

[148.9882] GROUNDS FOR DISCIPLINARY ACTION;
MALTREATMENT OF MINORS.

Subdivision 1.

Grounds listed.

(a) The board may deny, revoke, suspend, limit, or
condition the registration of a massage and bodywork therapist registered or applying for
registration as a massage and bodywork therapist or may otherwise discipline a registrant.
The fact that massage and bodywork therapy may be a less customary approach to health
care shall not constitute the basis for disciplinary action per se.

(b) The following are grounds for disciplinary action, regardless of whether injury
to a client is established:

(1) failing to demonstrate the qualifications or to satisfy the requirements for
registration contained in sections 148.981 to 148.9885, or rules of the board. In the case of
an applicant, the burden of proof is on the applicant to demonstrate the qualifications or
satisfy the requirements;

(2) to advertise in a false, fraudulent, deceptive, or misleading manner, including,
but not limited to:

(i) advertise or hold oneself out as a "registered massage and bodywork therapist" or
any abbreviation or derivative thereof to indicate such a title, when such registration is not
valid or current for any reason;

(ii) advertise or hold oneself out as a "licensed massage and bodywork therapist" or
any abbreviation or derivative thereof to indicate such a title, unless the registrant currently
holds a valid state license in another state and provided that the state is clearly identified;

(iii) advertise a service, the provision of which would constitute a violation of this
chapter or rules established by the board; and

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

(3) falsifying information in a massage and bodywork 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
such behaviors;

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

(6) actual or potential inability to practice massage and bodywork therapy with
reasonable skill and safety to clients by reason of illness, as a result of any mental or
physical condition, or use of alcohol, drugs, chemicals, or any other material;

(7) being adjudicated as mentally incompetent, mentally ill, a chemically dependant
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
and bodywork therapy;

(8) being the subject of disciplinary action as a massage and bodywork 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 statutes or rules of the board
if the violation had occurred in this state;

(9) failing to notify the board of having had a credential revoked, suspended, or any
other disciplinary action taken including any restrictions on the right to practice, or an
application for credential refused, revoked, suspended, or otherwise disciplined by this or
any other 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;

(10) being convicted of or has pled guilty or nolo contendere to a felony or other
crime, an element of which is dishonesty or fraud, or being shown to have engaged in acts
or practices tending to show 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 and bodywork therapy;

(11) if a registrant is on probation, failing to abide by terms of that probation;

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

(13) managing client records and information improperly, including, but not limited
to failing to: maintain adequate client records, comply with a client's request made
according to sections 144.291 to 144.298, 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 and bodywork 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) failing to consult with the client's health care provider who prescribed a course
of massage and bodywork therapy treatment if the treatment needs to be altered from the
original written order to conform with standards in the massage and bodywork therapy
field or the registrant's level of training or experience;

(19) failing to cooperate with an investigation of the board or its representatives,
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, as reasonably 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 statute, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;

(22) aiding or abetting in any manner a person in violating sections 148.981 to
148.9885;

(23) failing to report to the board other massage and bodywork therapists who
commit violations of this chapter; and

(24) failing 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 and
bodywork therapy or any settlement by the registrant in response to charges or allegations
of malpractice of massage and bodywork therapy. The notice must be provided to the
board within 60 days after the entry of a judgment, must contain the name of the court,
case number, and the names of all parties to the action.

Subd. 2.

Maltreatment of minors.

Nothing in this chapter shall restrict the ability
of a local welfare agency, local law enforcement agency, the commissioner of human
services, or this state to take action regarding the maltreatment of minors under section
609.378 or 626.556. A parent who obtains massage and bodywork 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 and
bodywork 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 and
bodywork 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 same shall be admissible into evidence without
further authentication and shall constitute prima facie evidence of the violation concerned.

Subd. 4.

Examination; access to medical data.

The board may take the actions
described in section 148.261, subdivision 5, if it has probable cause to believe that grounds
for disciplinary action exist under subdivision 1. The requirements and limitations
described in section 148.261, subdivision 5, shall apply.

Sec. 13.

[148.9883] DISCIPLINE; REPORTING.

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

Sec. 14.

[148.9884] EFFECT ON MUNICIPAL ORDINANCES.

Subdivision 1.

License authority.

The provisions of sections 148.981 to 148.9885
preempt the licensure and regulation of a registered massage and bodywork therapist
by a municipality, including, without limitation, conducting a criminal background
investigation and examination of a massage and bodywork therapist or applicant for a
municipality's credential to practice massage and bodywork therapy.

Subd. 2.

Business license or permit.

If a general license or permit is required of
other persons, regardless of occupation or profession who transact business within the
jurisdiction of a municipality, the provisions of this chapter do not prohibit that municipality
from requiring a registered massage and bodywork therapist to obtain that same general
business license or permit to transact business within the jurisdiction of the municipality.

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 and bodywork therapy
if the municipality requires licensure; or

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

Sec. 15.

[148.9885] FEES.

Subdivision 1.

Fees.

Fees are as follows:

(1) initial registration with application, $285;

(2) annual registration renewal, $185;

(3) initial school approval, $300;

(4) school approval renewal, $200;

(5) duplicate registration certificate, $15;

(6) late fee, $50;

(7) inactive status and inactive to active status reactivation, $50;

(8) temporary permit, $50; and

(9) 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. 16. EFFECTIVE DATE.

This article is effective August 1, 2013.

HF 1925

Bill Text Versions

Current Version - as introduced

ARTICLE 1

MASSAGE AND BODYWORK THERAPY

Section 1.

[148.981] CITATION.

Sec. 2.

[148.982] DEFINITIONS.

Subdivision 1.

Applicability.

Subd. 2.

Advertise.

Subd. 3.

Advisory council.

Subd. 4.

Applicant.

Subd. 5.

Approved education provider.

Subd. 6.

Board.

Subd. 7.

Client.

Subd. 8.

Competency exam.

Subd. 9.

Contact hour.

Subd. 10.

Credential.

Subd. 11.

Health care provider.

Subd. 12.

Massage and bodywork therapy.

Subd. 13.

Municipality.

Subd. 14.

Physical agent modality.

Subd. 15.

Practice of massage and bodywork therapy.

Subd. 16.

Professional organization.

Subd. 17.

Registered massage and bodywork therapist or registrant.

Subd. 18.

State.

Sec. 3.

[148.983] MASSAGE AND BODYWORK THERAPY.

Sec. 4.

[148.984] LIMITATIONS ON PRACTICE.

Sec. 5.

[148.985] PROTECTED TITLES AND RESTRICTIONS ON USE.

Subdivision 1.

Designation.

Subd. 2.

Title protection.

Subd. 3.

Identification of registrants.

Subd. 4.

Other health care providers.

Sec. 6.

[148.986] POWERS OF BOARD.

Sec. 7.

[148.9861] ADVISORY COUNCIL.

Subdivision 1.

Creation; membership.

Subd. 2.

Vacancies.

Subd. 3.

Administration.

Subd. 4.

Duties.

Sec. 8.

[148.987] REGISTRATION REQUIREMENTS.

Subdivision 1.

Registration.

Subd. 2.

Registration prohibited.

Subd. 3.

Registration by endorsement.

Subd. 4.

[148.9882] GROUNDS FOR DISCIPLINARY ACTION;
MALTREATMENT OF MINORS.