SF 689

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health professions; establishing a 
  1.3             registration system for massage therapists and Asian 
  1.4             bodywork therapists; authorizing rulemaking; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 148. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [148.2855] [DEFINITIONS.] 
  1.8      Subdivision 1.  [SCOPE.] The terms defined in this section 
  1.9   apply to sections 148.2855 to 148.2865.  
  1.10     Subd. 2.  [ASIAN BODYWORK THERAPIST.] "Asian bodywork 
  1.11  therapist" means an individual who practices Asian bodywork 
  1.12  therapy.  
  1.13     Subd. 3.  [ASIAN BODYWORK THERAPY.] "Asian bodywork 
  1.14  therapy" means therapy that uses Asian medical theory and 
  1.15  principles and Asian massage methods or techniques including 
  1.16  pressure; kneading; vibration; tapping; placement of the hands 
  1.17  on the body to affect the energy field of the body; the topical 
  1.18  application of herbal preparations, oils, liniments, magnets, 
  1.19  cupping, indirect moxibustion, or other devices; and the 
  1.20  application of heat or cold.  Asian bodywork therapy is 
  1.21  administered for the purposes of maintaining, restoring, and 
  1.22  enhancing health; relaxing musculature; increasing range of 
  1.23  motion; reducing stress; relieving pain; and improving 
  1.24  circulation or lymphatic flow, or both.  It does not include any 
  1.25  form of diagnosis, nor does it include seepage or breakage of 
  2.1   skin, laser, electro stem devices, 7 star, skin moxa, or 
  2.2   needles, nor does it attempt to adjust or manipulate any 
  2.3   articulations of the body or spine as described in section 
  2.4   146.23 or 148.01, nor to mobilize articulations of the body or 
  2.5   spine by means of a thrusting force.  
  2.6      Subd. 4.  [ASIAN MEDICINE.] "Asian medicine" means a system 
  2.7   of healing arts that perceives the circulation and balance of 
  2.8   energy in the body as being fundamental to the well-being of the 
  2.9   individual.  Asian medicine implements this theory through 
  2.10  specialized methods of analyzing the energy status of the body 
  2.11  and treating the body with Asian bodywork therapy and other 
  2.12  related modalities for the purposes of strengthening the body, 
  2.13  improving energy balance, maintaining or restoring health, 
  2.14  improving physiological function, and reducing pain. 
  2.15     Subd. 5.  [BOARD.] "Board" means the state Board of 
  2.16  Chiropractic Examiners.  
  2.17     Subd. 6.  [CUPPING.] "Cupping" means a therapy in which a 
  2.18  jar-shaped instrument is attached to the skin and negative 
  2.19  pressure is created by using suction and does not include 
  2.20  seepage or breakage of skin. 
  2.21     Subd. 7.  [MASSAGE THERAPIST.] "Massage therapist" means an 
  2.22  individual who practices massage therapy. 
  2.23     Subd. 8.  [MASSAGE THERAPY.] "Massage therapy" means a 
  2.24  therapy that involves systematic manipulation of or pressure on 
  2.25  soft tissues of the human body for therapeutic purposes.  
  2.26  Massage therapy includes methods or techniques such as 
  2.27  effleurage, petrissage, tapotement, compression, vibration, 
  2.28  friction, or facial manipulation applied manually or by 
  2.29  mechanical device that mimics or enhances the actions of the 
  2.30  hands, and the application of oils, lotions, or similar 
  2.31  preparations.  Massage therapy is administered for the purposes 
  2.32  of maintaining, restoring, and enhancing health; relaxing 
  2.33  musculature; increasing range of motion; reducing stress; 
  2.34  relieving pain; and improving circulation or lymphatic flow, or 
  2.35  both.  It does not include any form of diagnosis, nor does it 
  2.36  attempt to adjust or manipulate any articulations of the body or 
  3.1   spine as described in section 146.23 or 148.01, nor to mobilize 
  3.2   articulations of the body or spine by means of a thrusting force.
  3.3      Subd. 9.  [INDIRECT MOXIBUSTION.] "Indirect moxibustion" 
  3.4   means the application of heat to acupuncture points or other 
  3.5   areas of the body by the use of the herb commonly known as moxa 
  3.6   and does not include direct application to the skin.  To treat a 
  3.7   specific point, the herb is generally powdered, rolled into a 
  3.8   small cone, and lit.  
  3.9      Subd. 10.  [MUNICIPALITY.] "Municipality" means a county, 
  3.10  town, home rule charter or statutory city, or other municipal 
  3.11  corporation or political subdivision of the state. 
  3.12     Sec. 2.  [148.2856] [MASSAGE THERAPISTS AND ASIAN BODYWORK 
  3.13  THERAPISTS.] 
  3.14     Sections 148.2855 to 148.2865 apply only to individuals who 
  3.15  are applicants for registration, who are registered, who 
  3.16  represent that they are registered, or who use protected titles. 
  3.17     Sec. 3.  [148.2857] [DUTIES OF THE BOARD OF CHIROPRACTIC 
  3.18  EXAMINERS.] 
  3.19     The board shall:  
  3.20     (1) determine necessary forms; 
  3.21     (2) issue registrations to qualified applicants; and 
  3.22     (3) keep a complete record of registered massage therapists 
  3.23  and Asian bodywork therapists, maintain a current official 
  3.24  listing of the names and addresses of registered massage 
  3.25  therapists and Asian bodywork therapists, and make a copy of the 
  3.26  listing available upon request to any member of the public upon 
  3.27  payment of a copying fee.  
  3.28     Sec. 4.  [148.2858] [REGISTRATION.] 
  3.29     Subdivision 1.  [ESTABLISHMENT.] Beginning January 1, 2005, 
  3.30  the board shall issue a registration to an individual applying 
  3.31  for massage therapy registration who meets the qualifications in 
  3.32  section 148.2861 or to an individual applying for Asian bodywork 
  3.33  therapy registration who meets the qualifications in section 
  3.34  148.2862.  
  3.35     Subd. 2.  [REGISTRATION PROCEDURES.] To apply for 
  3.36  registration, an applicant must: 
  4.1      (1) submit an application for registration at a time and in 
  4.2   a form established by the board; and 
  4.3      (2) submit all fees required by the board. 
  4.4      Subd. 3.  [ADVERTISING.] A registered therapist's 
  4.5   registration number must appear in all advertisements by the 
  4.6   therapist. 
  4.7      Sec. 5.  [148.2859] [TITLE PROTECTION.] 
  4.8      Subdivision 1.  [PROTECTED TITLES.] No individual may use 
  4.9   or advertise in a public or private communication any title 
  4.10  protected in this section unless the individual is registered 
  4.11  under sections 148.2855 to 148.2863.  Protected titles are 
  4.12  registered massage therapist (RMT), state registered massage 
  4.13  therapist (SRMT), registered Asian bodywork therapist (RABT), 
  4.14  state registered Asian bodywork therapist (SRABT), or any other 
  4.15  derivation or abbreviation of terms that indicate or imply 
  4.16  registration by the state of Minnesota as a massage therapist or 
  4.17  Asian bodywork therapist. 
  4.18     Subd. 2.  [TITLES NOT PROTECTED.] A practitioner of massage 
  4.19  therapy or Asian bodywork therapy, including individuals who are 
  4.20  not registered under sections 148.2855 to 148.2865, may use any 
  4.21  title not protected by this section that implies or indicates a 
  4.22  massage therapy or Asian bodywork therapy technique, method, or 
  4.23  practitioner, including, but not limited to, the title massage 
  4.24  therapist or Asian bodywork therapist except as prohibited under 
  4.25  subdivision 4.  
  4.26     Subd. 3.  [CERTIFICATES FROM OTHER ORGANIZATIONS.] Massage 
  4.27  therapists or Asian bodywork therapists who have received 
  4.28  certificates from organizations, associations, or educational 
  4.29  corporations are not prohibited from using the term "certified" 
  4.30  in any form of advertising when referring to those trainings, 
  4.31  provided that the originating body for the certification is 
  4.32  stated clearly in the advertisement.  
  4.33     Subd. 4.  [LICENSURE.] No individual practicing massage 
  4.34  therapy or Asian bodywork therapy may use the title "licensed 
  4.35  massage therapist" or "licensed Asian bodywork therapist" or any 
  4.36  other titles, words, letters, abbreviations, or insignia 
  5.1   indicating or implying that the individual is licensed as a 
  5.2   massage therapist or an Asian bodywork therapist.  
  5.3      Sec. 6.  [148.2861] [QUALIFICATIONS FOR REGISTRATION; 
  5.4   MASSAGE THERAPY.] 
  5.5      An applicant for state registration for massage therapy 
  5.6   must meet all of the following requirements: 
  5.7      (1) be 18 years of age or older; 
  5.8      (2) have obtained a high school diploma or the equivalent; 
  5.9      (3) show evidence of maintaining current professional 
  5.10  liability insurance; 
  5.11     (4) have achieved a passing score on the National 
  5.12  Certification Examination for Therapeutic Massage and Bodywork 
  5.13  or a board-approved equivalent examination; 
  5.14     (5) have done one of the following:  
  5.15     (i) successfully completed a course of study consisting of 
  5.16  500 or more classroom hours of supervised instruction from a 
  5.17  recognized school with a curriculum that includes:  
  5.18     (A) a minimum of 100 hours of anatomy, physiology, and 
  5.19  kinesiology; 
  5.20     (B) a minimum of 300 hours of theory, technique, and 
  5.21  supervised clinical or in-class practice-related modalities of 
  5.22  massage therapy, with at least 150 of those hours being 
  5.23  practical technique, with a passing score on a competency-based 
  5.24  examination demonstrating skills and ability in massage therapy 
  5.25  techniques; and 
  5.26     (C) a minimum of 100 hours of related coursework, which 
  5.27  must include, at a minimum, pathology; contraindications; 
  5.28  business practices and professional ethics; and cardiopulmonary 
  5.29  resuscitation and first aid; or 
  5.30     (ii) qualified for the National Certification Examination 
  5.31  for Therapeutic Massage and Bodywork by the portfolio review 
  5.32  process or the current equivalent; and 
  5.33     (6) have achieved a passing score on an examination of 
  5.34  relevant state laws, if an examination is prescribed by the 
  5.35  board. 
  5.36     Sec. 7.  [148.2862] [QUALIFICATIONS FOR REGISTRATION; ASIAN 
  6.1   BODYWORK THERAPY.] 
  6.2      An applicant for state registration for Asian bodywork 
  6.3   therapy must meet all of the following requirements: 
  6.4      (1) be 18 years of age or older; 
  6.5      (2) have obtained a high school diploma or the equivalent; 
  6.6      (3) show evidence of maintaining current professional 
  6.7   liability insurance; 
  6.8      (4) have achieved a passing score on the Comprehensive 
  6.9   Written Examination in Asian Bodywork Therapy administered by 
  6.10  the National Commission for the Certification of Acupuncture and 
  6.11  Oriental Medicine, the National Certification Examination for 
  6.12  Therapeutic Massage and Bodywork, or a board-approved equivalent 
  6.13  formulated examination; 
  6.14     (5) have done one of the following:  
  6.15     (i) successfully completed a course of study consisting of 
  6.16  500 or more classroom hours of supervised instruction from a 
  6.17  recognized school with a curriculum that includes:  
  6.18     (A) a minimum of 100 hours of anatomy and physiology and 
  6.19  Western pathology; 
  6.20     (B) a minimum of 100 hours of Asian medical theory; 
  6.21     (C) a minimum of 160 hours of technique and 
  6.22  practice-related modalities of Asian bodywork therapy with a 
  6.23  passing score on a competency-based examination demonstrating 
  6.24  skills and ability in Asian bodywork therapy techniques; 
  6.25     (D) a minimum of 70 hours of supervised clinical 
  6.26  application; and 
  6.27     (E) a minimum of 70 hours of related coursework, which must 
  6.28  include, at a minimum, business practices and professional 
  6.29  ethics; law considerations; Asian pathology; contraindications; 
  6.30  and cardiopulmonary resuscitation and first aid; 
  6.31     (ii) qualified for the Comprehensive Written Examination in 
  6.32  Asian Bodywork Therapy by the portfolio review process or the 
  6.33  current equivalent; or 
  6.34     (iii) qualified for the National Certification Examination 
  6.35  for Therapeutic Massage and Bodywork with training hours that 
  6.36  include 260 or more classroom hours of Asian bodywork therapy 
  7.1   and applications; and 
  7.2      (6) have achieved a passing score on an examination of 
  7.3   relevant state laws, if an examination is prescribed by the 
  7.4   board. 
  7.5      Sec. 8.  [148.2863] [REGISTRATION RENEWAL AND FEES.] 
  7.6      State registrations expire triennially and must be renewed 
  7.7   as prescribed by rule.  Upon payment of the renewal fee and 
  7.8   compliance with all the rules of the board, the applicant shall 
  7.9   be entitled to renewal of the state registration. 
  7.10     Sec. 9.  [148.2864] [RULEMAKING.] 
  7.11     The board shall adopt rules to establish procedures for 
  7.12  registration and registration renewal and as necessary to 
  7.13  implement sections 148.2855 to 148.2865. 
  7.14     Sec. 10.  [148.2865] [FEES.] 
  7.15     Subdivision 1.  [FEES.] The board shall establish fees as 
  7.16  follows: 
  7.17     (1) application fee, $..; 
  7.18     (2) registration fee, $...; and 
  7.19     (3) late fee, $...  
  7.20     Subd. 2.  [PRORATION OF FEES.] The board may prorate the 
  7.21  initial fee for registration under section 148.2858.  Massage 
  7.22  therapists and Asian bodywork therapists registered under 
  7.23  section 148.2858 are required to pay the full fee upon 
  7.24  registration renewal. 
  7.25     Subd. 3.  [NONREFUNDABLE FEES.] The fees in this section 
  7.26  are nonrefundable. 
  7.27     Sec. 11.  [148.2866] [MUNICIPAL REGULATION.] 
  7.28     A municipality may not require an individual who is 
  7.29  state-registered under sections 148.2855 to 148.2866 and who 
  7.30  performs massage therapy or Asian bodywork therapy within its 
  7.31  jurisdiction to also hold a professional massage therapy or 
  7.32  Asian bodywork therapy license issued by the municipality.  
  7.33  Nothing in this chapter preempts or supersedes any municipal 
  7.34  ordinance relating to land use, building and construction 
  7.35  requirements, nuisance control, the licensing of commercial 
  7.36  enterprises in general, or the professional licensing of 
  8.1   individuals who are not state-registered under this chapter but 
  8.2   who perform massage therapy or Asian bodywork therapy. 
  8.3      Sec. 12.  [REGISTRATION DURING TRANSITIONAL PERIOD; MASSAGE 
  8.4   THERAPISTS.] 
  8.5      For a period of one year beginning on a date determined by 
  8.6   the board, an applicant may qualify for state registration as a 
  8.7   massage therapist if the applicant does not meet the examination 
  8.8   and educational requirements in Minnesota Statutes, section 
  8.9   148.2861, by providing the following: 
  8.10     (1) a notarized affidavit by the applicant stating 
  8.11  completion of 100 hours of supervised massage therapy 
  8.12  instruction or training and any two of the following: 
  8.13     (i) a notarized affidavit by the applicant stating that the 
  8.14  applicant has been in practice for at least two years, with a 
  8.15  minimum of 150 documented client hours per year; 
  8.16     (ii) evidence of maintaining current membership in a 
  8.17  national professional association; or 
  8.18     (iii) photocopies of ten weeks from the applicant's current 
  8.19  and/or past appointment books accompanied by an affidavit 
  8.20  stating that the appointments indicated are evidence of massage 
  8.21  therapy clientele; 
  8.22     (2) a notarized affidavit stating that the applicant has 
  8.23  resided in Minnesota for at least one year prior to submitting 
  8.24  the application and that the applicant has had no convictions of 
  8.25  a felony, gross misdemeanor, or misdemeanor reasonably related 
  8.26  to the practice of massage therapy.  Conviction, as used in this 
  8.27  clause, includes a conviction of an offense that if committed in 
  8.28  this state would be considered a felony, gross misdemeanor, or 
  8.29  misdemeanor without regard to its designation elsewhere, or a 
  8.30  criminal proceeding where a finding or verdict of guilt is made 
  8.31  or returned but the adjudication of guilt is either withheld or 
  8.32  not entered; and 
  8.33     (3) verification that the applicant is 18 years of age or 
  8.34  older. 
  8.35     For renewal, the applicant must meet the requirements in 
  8.36  Minnesota Statutes, section 148.2863. 
  9.1      Sec. 13.  [REGISTRATION DURING TRANSITIONAL PERIOD; ASIAN 
  9.2   BODYWORK THERAPISTS.] 
  9.3      For a period of one year beginning on a date determined by 
  9.4   the board, an applicant may qualify for state registration as an 
  9.5   Asian bodywork therapist if the applicant does not meet the 
  9.6   examination and educational requirements in Minnesota Statutes, 
  9.7   section 148.2861, by providing the following: 
  9.8      (1) a notarized affidavit by the applicant stating 
  9.9   completion of 100 hours of supervised Asian bodywork therapy 
  9.10  instruction or training and any two of the following: 
  9.11     (i) a notarized affidavit by the applicant stating that the 
  9.12  applicant has been in practice for at least two years, with a 
  9.13  minimum of 150 documented client hours per year; 
  9.14     (ii) evidence of maintaining current membership in a 
  9.15  national professional association; or 
  9.16     (iii) photocopies of ten weeks from the applicant's current 
  9.17  and/or past appointment books accompanied by an affidavit 
  9.18  stating that the appointments indicated are evidence of Asian 
  9.19  bodywork clientele; 
  9.20     (2) a notarized affidavit stating that the applicant has 
  9.21  resided in Minnesota for at least one year prior to submitting 
  9.22  the application and that the applicant has had no convictions of 
  9.23  a felony, gross misdemeanor, or misdemeanor reasonably related 
  9.24  to the practice of massage therapy or Asian bodywork therapy.  
  9.25  Conviction, as used in this clause, includes a conviction of an 
  9.26  offense that if committed in this state would be considered a 
  9.27  felony, gross misdemeanor, or misdemeanor without regard to its 
  9.28  designation elsewhere, or a criminal proceeding where a finding 
  9.29  or verdict of guilt is made or returned but the adjudication of 
  9.30  guilt is either withheld or not entered; and 
  9.31     (3) verification that the applicant is 18 years of age or 
  9.32  older.  
  9.33     For renewal, the applicant must meet the requirements in 
  9.34  Minnesota Statutes, section 148.2863. 
  9.35     Sec. 14.  [EFFECTIVE DATE.] 
  9.36     This act is effective 60 days following final enactment.