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SF 1074

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 09:55am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health occupations; establishing licensure for massage therapy and
Asian bodywork therapy; establishing fees; providing criminal penalties; amending
Minnesota Statutes 2020, sections 146A.01, subdivision 4; 146A.06, subdivision
3; 146A.09, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 148.

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

ARTICLE 1

MASSAGE THERAPY AND ASIAN BODYWORK THERAPY

Section 1.

new text begin [148.635] CITATION.
new text end

new text begin Sections 148.635 to 148.6363 may be cited as the "Minnesota Massage Therapy and
Asian Bodywork Therapy Act."
new text end

Sec. 2.

new text begin [148.6351] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 148.635 to 148.6363, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Massage Therapy Advisory
Council established under section 148.6362.
new text end

new text begin Subd. 3. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual who has submitted an application
to the board according to sections 148.635 to 148.6363.
new text end

new text begin Subd. 4. new text end

new text begin Asian bodywork therapy. new text end

new text begin (a) "Asian bodywork therapy" means therapy based
upon Chinese medical principles with the intent of promoting, maintaining, and restoring
health and well-being by affecting the body and emotions.
new text end

new text begin (b) Asian bodywork therapy may use any of the following techniques:
new text end

new text begin (1) pressing;
new text end

new text begin (2) soothing;
new text end

new text begin (3) kneading;
new text end

new text begin (4) vibration;
new text end

new text begin (5) friction;
new text end

new text begin (6) passive stretching within the client's physiological range of motion;
new text end

new text begin (7) active assistive and resistive movement;
new text end

new text begin (8) stretching; and
new text end

new text begin (9) tapping, movement, exercising, or manipulation of the soft tissues.
new text end

new text begin (c) Methods of assessment and evaluation for Asian bodywork therapy may include a
health history and intake interview; observation; listening; questioning; palpation; and with
the client's permission or if the client is a minor, the permission of the client's legal guardian
or parent, consultation with the client's other health care providers.
new text end

new text begin Subd. 5. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Nursing established under section 148.181.
new text end

new text begin Subd. 6. new text end

new text begin Client. new text end

new text begin "Client" means a recipient of massage therapy services or Asian
bodywork therapy services.
new text end

new text begin Subd. 7. new text end

new text begin Credentialing examination. new text end

new text begin "Credentialing examination" means an examination
approved by the board that meets recognized psychometric principles and standards and is
administered by a national testing organization.
new text end

new text begin Subd. 8. new text end

new text begin Licensed Asian bodywork therapist. new text end

new text begin "Licensed Asian bodywork therapist"
or "Asian bodywork therapist" means an individual who meets the qualifications in sections
148.635 to 148.6363 for the practice of Asian bodywork therapy and is licensed by the
board.
new text end

new text begin Subd. 9. new text end

new text begin Licensed massage therapist. new text end

new text begin "Licensed massage therapist" or "massage
therapist" means an individual who meets the qualifications in sections 148.635 to 148.6363
for the practice of massage therapy and is licensed by the board.
new text end

new text begin Subd. 10. new text end

new text begin Massage therapy. new text end

new text begin (a) "Massage therapy" means the manual manipulation of
the soft tissues of the body to promote, maintain, and restore health and well-being.
new text end

new text begin (b) Massage therapy may use any of the following techniques:
new text end

new text begin (1) stroking;
new text end

new text begin (2) gliding;
new text end

new text begin (3) lifting;
new text end

new text begin (4) kneading;
new text end

new text begin (5) jostling;
new text end

new text begin (6) vibration;
new text end

new text begin (7) percussion;
new text end

new text begin (8) compression;
new text end

new text begin (9) friction;
new text end

new text begin (10) holding;
new text end

new text begin (11) passive stretching within the client's physiological range of motion;
new text end

new text begin (12) movement or manipulation of the soft tissues;
new text end

new text begin (13) active assistive and resistive movement; and
new text end

new text begin (14) stretching.
new text end

new text begin (c) Methods of assessment for massage therapy may include a health history and intake
interview; observation of posture and movement; palpation; range of motion assessment;
and with the client's permission or if the client is a minor, the permission of the client's legal
guardian or parent, consultation with the client's other health care providers.
new text end

new text begin Subd. 11. new text end

new text begin Municipality. new text end

new text begin "Municipality" means a county, town, or home rule charter or
statutory city.
new text end

Sec. 3.

new text begin [148.6352] DUTIES OF THE BOARD.
new text end

new text begin The board, in consultation with the advisory council, shall:
new text end

new text begin (1) issue licenses to qualified applicants according to sections 148.635 and 148.6363;
new text end

new text begin (2) adopt rules, including standards of practice and a professional code of ethics, necessary
to implement the provisions of sections 148.635 to 148.6363;
new text end

new text begin (3) assign duties to the advisory council that are necessary to implement the provisions
of sections 148.635 to 148.6363;
new text end

new text begin (4) approve a credentialing examination;
new text end

new text begin (5) establish educational requirements, approve massage therapy and Asian bodywork
therapy schools or programs, and conduct or provide for surveys of schools, programs, and
courses;
new text end

new text begin (6) enforce sections 148.635 to 148.6363 and investigate violations of section 148.636
by a licensee or applicant;
new text end

new text begin (7) impose discipline as described in section 148.636;
new text end

new text begin (8) maintain a record of names and addresses of licensees; and
new text end

new text begin (9) distribute information regarding massage therapy and Asian bodywork therapy
standards, including applications and forms necessary to carry out the provisions of sections
148.635 to 148.6363.
new text end

Sec. 4.

new text begin [148.6353] LIMITATIONS ON PRACTICE; DATA PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Limitations. new text end

new text begin The practice of massage therapy and Asian bodywork
therapy does not include:
new text end

new text begin (1) performing examinations for the purpose of diagnosis;
new text end

new text begin (2) providing treatments that are outside the scope of massage therapy or Asian bodywork
therapy practice;
new text end

new text begin (3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by
the use of high-velocity, low-amplitude thrusting force;
new text end

new text begin (4) attempts to stimulate various points of the body or interruption of the cutaneous
integrity by needle insertion to secure therapeutic relief of symptoms;
new text end

new text begin (5) prescriptive exercise;
new text end

new text begin (6) manual or mechanical traction when applied to the spine or extremities for the
purposes of joint mobilization or manipulation;
new text end

new text begin (7) injection therapy;
new text end

new text begin (8) laser therapy;
new text end

new text begin (9) microwave diathermy;
new text end

new text begin (10) electrical stimulation;
new text end

new text begin (11) ultrasound;
new text end

new text begin (12) iontophoresis; or
new text end

new text begin (13) phonophoresis.
new text end

new text begin Subd. 2. new text end

new text begin Referrals to other health care providers. new text end

new text begin If a reasonably prudent massage
therapist or Asian bodywork therapist finds a client's medical condition is beyond the scope
of practice established by sections 148.635 to 148.6363 or by rules of the board for a licensed
massage therapist or Asian bodywork therapist, the therapist must refer the client to a
licensed health care provider. Nothing in this subdivision prohibits the massage therapist
or Asian bodywork therapist from continuing to comanage a client's care.
new text end

new text begin Subd. 3. new text end

new text begin Data practices. new text end

new text begin All client records maintained by a licensed massage therapist
or Asian bodywork therapist are subject to sections 144.291 to 144.298.
new text end

Sec. 5.

new text begin [148.6354] UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES
AND RESTRICTIONS ON USE.
new text end

new text begin Subdivision 1. new text end

new text begin Unlicensed practice prohibited; protected titles. new text end

new text begin Effective January 1,
2022, no person shall practice or attempt to practice massage therapy or Asian bodywork
therapy or use any of the terms or titles "massage therapist," "MT," "Asian bodywork
therapist," "ABT," or any other term or title that may lead the public to believe that the
person is engaged in the practice of massage therapy or Asian bodywork therapy unless the
person is licensed under sections 148.635 to 148.6363 as a massage therapist or Asian
bodywork therapist.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin Any person found to be in violation of subdivision 1 is guilty of a
gross misdemeanor.
new text end

Sec. 6.

new text begin [148.6355] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Other professions. new text end

new text begin Nothing in sections 148.635 to 148.6363 shall be
construed to prohibit, restrict, or regulate the practice of any profession or occupation
licensed or registered in the state by an individual licensed or registered to practice the
profession or occupation or to perform any act that falls within the scope of practice of the
profession or occupation.
new text end

new text begin Subd. 2. new text end

new text begin Complementary and alternative health care practitioner. new text end

new text begin (a) Nothing in
sections 148.635 to 148.6363 shall be construed to prohibit, restrict, or regulate the practice
of any individual who is engaged in providing complementary and alternative health care
practices as defined in section 146A.01, subdivision 4, provided that the practitioner does
not advertise or imply that the practitioner is licensed according to sections 148.635 to
148.6363 and the practices are not designated or implied to be massage therapy or Asian
bodywork therapy.
new text end

new text begin (b) This subdivision includes any complementary and alternative health care practitioner
who is recognized by or meets the established standards of either a professional organization
or credentialing body that represents or certifies the respective practice based on a minimum
level of training, demonstration of competency, and adherence to ethical standards, and:
new text end

new text begin (1) uses touch, words, and directed movement to deepen awareness of existing patterns
of movement as well as to suggest new possibilities of movement;
new text end

new text begin (2) uses energy or superficial touch to affect the energy systems of the human body;
new text end

new text begin (3) uses touch to effect change in the structure of the body while engaged in the practice
of structural integration; or
new text end

new text begin (4) practices reflexology.
new text end

new text begin Subd. 3. new text end

new text begin Other exemptions. new text end

new text begin Nothing in sections 148.635 to 148.6363 shall be construed
to prohibit, restrict, or regulate individuals providing:
new text end

new text begin (1) massage emergency response team services working in conjunction with disaster
relief officials;
new text end

new text begin (2) massage therapy services or Asian bodywork therapy services provided by out-of-state
massage therapists or Asian bodywork therapists that are incidental to a specific event, such
as an amateur sports competition, dance performance or event, or other similar athletic
events;
new text end

new text begin (3) instruction of education courses in massage therapy or Asian bodywork therapy if
the instruction does not involve the direct delivery of massage therapy services or Asian
bodywork therapy services;
new text end

new text begin (4) massage therapy services or Asian bodywork therapy services provided as an
employee of the United States government or any federal government entity while acting
in the course and scope of such employment;
new text end

new text begin (5) massage therapy services or Asian bodywork therapy services provided by massage
therapy students or Asian bodywork therapy students practicing under supervision as part
of a school-sanctioned activity; or
new text end

new text begin (6) massage therapy services or Asian bodywork therapy services provided without
remuneration to family members.
new text end

Sec. 7.

new text begin [148.6356] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General licensure requirements. new text end

new text begin (a) To be eligible for licensure as a
massage therapist or Asian bodywork therapist according to sections 148.635 to 148.6363,
an applicant must submit to the board:
new text end

new text begin (1) a completed application on a form provided by the board that includes:
new text end

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

new text begin (ii) a list of credentials held by the applicant in this state or in any other jurisdiction;
new text end

new text begin (iii) a description of any jurisdiction's refusal to license or credential the applicant;
new text end

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

new text begin (v) any history of drug or alcohol abuse;
new text end

new text begin (vi) any misdemeanor, gross misdemeanor, or felony convictions; and
new text end

new text begin (vii) any other additional information requested by the board;
new text end

new text begin (2) proof, as required by the board, that the applicant has satisfactorily completed a
postsecondary massage therapy program or Asian bodywork therapy program through a
school or program that:
new text end

new text begin (i) is licensed by or registered with the Minnesota Office of Higher Education or has
conditional approval for a registered school and provisional license from the Minnesota
Office of Higher Education;
new text end

new text begin (ii) has institutional accreditation from an agency recognized by the United States
Department of Education; and
new text end

new text begin (iii) meets the education and training requirements described under subdivision 2 or 3;
new text end

new text begin (3) proof of successful passage of a credentialing examination approved by the board;
new text end

new text begin (4) proof, as required by the board, of current professional liability insurance coverage
or school liability insurance coverage as applicable with at least $2,000,000 of coverage
per occurrence and $6,000,000 annual aggregate; and
new text end

new text begin (5) any applicable fees as specified in section 148.6363.
new text end

new text begin (b) The applicant must submit to a criminal background check conducted in accordance
with section 214.075 and pay any fees associated with conducting the criminal background
check.
new text end

new text begin (c) The applicant must sign the application certifying that the information in the
application is true and correct to the best of the applicant's knowledge and authorizing the
board to obtain access to the applicant's records in this state or any other jurisdiction in
which the applicant has engaged in the practice of massage therapy or Asian bodywork
therapy.
new text end

new text begin Subd. 2. new text end

new text begin Education and training requirements for massage therapy licensure. new text end

new text begin (a)
An applicant for licensure as a massage therapist under subdivision 1 whose application is
received by the board before January 1, 2027, must submit to the board proof of satisfactorily
completing a postsecondary program that meets the requirements in subdivision 1, paragraph
(a), clause (2), and includes education and training in:
new text end

new text begin (1) anatomy;
new text end

new text begin (2) physiology;
new text end

new text begin (3) pathology;
new text end

new text begin (4) massage therapy;
new text end

new text begin (5) massage therapy history, theory, and research;
new text end

new text begin (6) professional ethics;
new text end

new text begin (7) therapeutic interpersonal communications and standards of practice;
new text end

new text begin (8) business and legal practices related to massage therapy; and
new text end

new text begin (9) supervised practice demonstrating safe use of equipment and supplies.
new text end

new text begin (b) An applicant for licensure as a massage therapist under subdivision 1 whose
application is received by the board on or after January 1, 2027, must submit to the board
proof of satisfactorily completing a postsecondary massage therapy program that meets the
requirements in subdivision 1, paragraph (a), clause (2), and either:
new text end

new text begin (1) has programmatic accreditation for massage therapy training programs from an
agency recognized by the United States Department of Education; or
new text end

new text begin (2) includes at least 625 contact hours of education and training composed of 500 contact
hours of synchronous or asynchronous classroom instruction in the areas listed in paragraph
(a) and 125 contact hours of supervised student clinical practice.
new text end

new text begin (c) A massage therapy school or program may require more than 625 total contact hours
of education and training, and may require more than 125 hours of supervised clinical
practice, if at least 500 contact hours are devoted to synchronous or asynchronous classroom
instruction in the subjects listed in paragraph (a).
new text end

new text begin (d) No student shall begin a supervised clinical practice of massage therapy without
providing proof to the massage therapy school or program of professional liability insurance
coverage of up to $2,000,000 per occurrence and $6,000,000 annual aggregate. The
professional liability insurance coverage required under this paragraph may be offered to
the student by the school or program.
new text end

new text begin Subd. 3. new text end

new text begin Education and training requirements for Asian bodywork therapy
licensure.
new text end

new text begin (a) An applicant for licensure as an Asian bodywork therapist under subdivision
1 whose application is received by the board before January 1, 2027, must submit to the
board proof of satisfactorily completing a postsecondary program that meets the requirements
in subdivision 1, paragraph (a), clause (2), and includes education and training in:
new text end

new text begin (1) anatomy;
new text end

new text begin (2) physiology;
new text end

new text begin (3) pathology;
new text end

new text begin (4) Asian bodywork therapy;
new text end

new text begin (5) traditional Chinese medicine theory;
new text end

new text begin (6) Asian bodywork history, theory, and research;
new text end

new text begin (7) professional ethics;
new text end

new text begin (8) therapeutic interpersonal communications and standards of practice;
new text end

new text begin (9) business and legal practices related to Asian bodywork therapy; and
new text end

new text begin (10) supervised practice demonstrating safe use of equipment and supplies.
new text end

new text begin (b) An applicant for licensure as an Asian bodywork therapist under subdivision 1 whose
application is received by the board on or after January 1, 2027, must submit to the board
proof of satisfactorily completing a postsecondary program that meets the requirements in
subdivision 1, paragraph (a), clause (2), and either:
new text end

new text begin (1) has programmatic accreditation for Asian bodywork therapy training programs from
an agency recognized by the United States Department of Education; or
new text end

new text begin (2) includes at least 625 contact hours of education and training composed of 500 contact
hours of synchronous or asynchronous classroom instruction in the areas listed in paragraph
(a) and 125 contact hours of supervised student clinical practice.
new text end

new text begin (c) An Asian bodywork therapy school or program may require more than 625 total
contact hours of education and training, and may require more than 125 hours of supervised
clinical practice, if at least 500 contact hours are devoted to synchronous or asynchronous
classroom instruction in the subjects listed in paragraph (a).
new text end

new text begin (d) No student shall begin a supervised clinical practice of Asian bodywork therapy
without providing proof to the Asian bodywork therapy school or program of professional
liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual
aggregate. The professional liability insurance coverage required under this paragraph may
be offered to the student by the school or program.
new text end

new text begin Subd. 4. new text end

new text begin Licensure by endorsement. new text end

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

new text begin (1) meet the requirements for licensure in subdivision 1 with the exception of subdivision
1, paragraph (a), clauses (2) and (3);
new text end

new text begin (2) provide proof as required by the board that the massage therapy training program or
Asian bodywork therapy training program at the time of the applicant's enrollment met the
postsecondary education requirements in the jurisdiction in which the program was provided;
and
new text end

new text begin (3) provide proof as required by the board of a current and unrestricted equivalent
credential in another jurisdiction that has qualifications at least equivalent to the requirements
of sections 148.635 to 148.6363.
new text end

new text begin (b) Licenses issued by endorsement expire on the same schedule and are required to be
renewed by the procedures described under section 148.6357, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Licensure by prior experience. new text end

new text begin (a) To be eligible for licensure by prior
experience, an applicant must submit to the board:
new text end

new text begin (1) the requirements for licensure in subdivision 1, with the exception of subdivision 1,
paragraph (a), clauses (2) and (3); and
new text end

new text begin (2) proof of experience, as required by the board, in the practice of massage therapy or
Asian bodywork therapy for at least two of the previous five years immediately preceding
the licensure application date.
new text end

new text begin (b) Licenses issued under this subdivision expire on the same schedule and are required
to be renewed by the procedures described under section 148.6357, subdivision 2, unless
the license is canceled due to nonrenewal under section 148.6357, subdivision 8, in which
case the individual must apply for a new license under the initial licensure requirements in
subdivision 1.
new text end

new text begin (c) The application for licensure by prior experience under this subdivision must be
received by the board before January 1, 2024.
new text end

new text begin Subd. 6. new text end

new text begin Temporary permit. new text end

new text begin (a) The board may issue a temporary permit to practice
massage therapy or Asian bodywork therapy to an applicant eligible for licensure under this
section if the application for licensure is complete, all applicable requirements have been
met, and applicable fees have been paid. The temporary permit remains valid until the board
takes action on the applicant's application, or 90 days from the temporary permit's issuance,
whichever is sooner.
new text end

new text begin (b) A temporary permit holder is considered a licensee for purposes of sections 148.6359
and 148.636.
new text end

new text begin (c) Practicing without a temporary permit is a violation of section 148.6359.
new text end

Sec. 8.

new text begin [148.6357] LICENSE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure expiration. new text end

new text begin Licenses issued according to sections 148.635 to
148.6363 expire biennially.
new text end

new text begin Subd. 2. new text end

new text begin Renewal. new text end

new text begin To be eligible for licensure renewal, an applicant must biennially,
or as determined by the board, submit to the board:
new text end

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

new text begin (2) any applicable fees as specified in section 148.6363;
new text end

new text begin (3) proof of current professional liability coverage with at least $2,000,000 of coverage
per occurrence and $6,000,000 annual aggregate; and
new text end

new text begin (4) any additional information requested by the board to clarify information presented
in the renewal application. The information must be submitted within 30 days after the
board's request or the renewal request is canceled.
new text end

new text begin Subd. 3. new text end

new text begin Change of address. new text end

new text begin A licensee or applicant who changes addresses must inform
the board in writing within 30 days of the change of address. Notices or other correspondence
mailed to or served on a licensee or applicant at the licensee or applicant's current address
on file must be considered as received by the licensee or applicant.
new text end

new text begin Subd. 4. new text end

new text begin Licensure renewal notice. new text end

new text begin (a) At least 60 days before the licensure expiration
date, the board shall send out a renewal notice to the last known address of the licensee.
The notice must include:
new text end

new text begin (1) a renewal application;
new text end

new text begin (2) a notice of fees required for renewal; and
new text end

new text begin (3) information stating that licensure will expire without further action by the board if
an application for licensure renewal is not received before the deadline for renewal.
new text end

new text begin (b) The licensee's failure to receive the renewal notice shall not relieve the licensee of
the obligation to meet the deadline and other requirements for licensure renewal. Failure to
receive the notice is not grounds for challenging expiration of licensed status.
new text end

new text begin Subd. 5. new text end

new text begin Renewal deadline. new text end

new text begin The renewal application and fee must be received by the
board or must be postmarked before the license's expiration date. If the postmark is illegible,
the application must be considered timely if received by the third working day after the
deadline.
new text end

new text begin Subd. 6. new text end

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

new text begin (a) A license may be placed in
inactive status upon application to the board by the licensee and upon payment of an inactive
status fee as specified in section 148.6363. Failure to pay the annual inactive status fee shall
result in a lapse of licensure.
new text end

new text begin (b) A licensee seeking licensure restoration to active status from inactive status must:
new text end

new text begin (1) apply to the board for licensure renewal according to subdivision 2; and
new text end

new text begin (2) submit the applicable reactivation fee as specified in section 148.6363.
new text end

new text begin (c) If the license has been in inactive status for more than five years, the applicant must
also receive a passing score on a credentialing examination before the restoration of the
license to active status.
new text end

new text begin Subd. 7. new text end

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

new text begin To regain active licensure
status for a license that has lapsed for two years or less, the applicant must:
new text end

new text begin (1) apply to the board for licensure renewal according to subdivision 2; and
new text end

new text begin (2) submit all applicable renewal fees for the period not licensed, including the fee for
late renewal.
new text end

new text begin Subd. 8. new text end

new text begin Cancellation due to nonrenewal. new text end

new text begin The board shall not renew, reissue, reinstate,
or restore a license that has lapsed and has not been renewed within two years. An individual
whose license is canceled for nonrenewal must obtain a new license by applying for licensure
and fulfilling all requirements under section 148.6356, subdivision 1, for initial licensure
as a massage therapist or Asian bodywork therapist.
new text end

Sec. 9.

new text begin [148.6358] BOARD ACTION ON APPLICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin (a) The board must act on each application for licensure or
renewal according to this section.
new text end

new text begin (b) The board shall determine if the applicant meets the requirements for licensure or
renewal under section 148.6356 or 148.6357. The board may investigate information provided
by an applicant to determine whether the information is accurate and complete and may
request additional information or documentation.
new text end

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

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

new text begin Subd. 2. new text end

new text begin Licensure prohibited. new text end

new text begin (a) Except as provided in paragraph (b), the board shall
deny an application for licensure if an applicant:
new text end

new text begin (1) has been convicted in this state of any of the following crimes or of equivalent crimes
in another state:
new text end

new text begin (i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
new text end

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

new text begin (iii) a violent crime as defined under section 611A.08, subdivision 6;
new text end

new text begin (2) is a registered sex offender under section 243.166;
new text end

new text begin (3) has been subject to disciplinary action under section 146A.09, if the board determines
that such denial is necessary to protect the public; or
new text end

new text begin (4) is charged with or under investigation for a complaint in this state or any other
jurisdiction that would constitute a violation of statutes or rules established for the practice
of massage therapy or Asian bodywork therapy in this state and the charge or complaint
has not been resolved in favor of the applicant.
new text end

new text begin (b) The board may establish criteria whereby an individual convicted of an offense listed
in paragraph (a) may become licensed if the criteria:
new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;
new text end

new text begin (2) provide a standard for overcoming the presumption; and
new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant was released
from incarceration or supervisory jurisdiction related to the offense.
new text end

new text begin (c) The board shall not consider an application under paragraph (b) if the board determines
that the victim involved in the offense was a client of the applicant at the time of the offense.
new text end

Sec. 10.

new text begin [148.6359] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds listed. new text end

new text begin (a) The board may deny, revoke, suspend, limit, or
condition the licensure of a licensed massage therapist or licensed Asian bodywork therapist
or may otherwise discipline a licensee. The fact that massage therapy or Asian bodywork
therapy may be considered a less customary approach to health care shall not by itself
constitute the basis for disciplinary action.
new text end

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

new text begin (1) failing to demonstrate the qualifications or to satisfy the requirements for licensure
under sections 148.635 to 148.6363 or rules of the board. In the case of an applicant, the
burden of proof is on the applicant to demonstrate the qualifications or satisfy the
requirements;
new text end

new text begin (2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not
limited to:
new text end

new text begin (i) advertising or holding oneself out as a "massage therapist," "MT," "Asian bodywork
therapist," "ABT," or any abbreviation or derivative thereof to indicate such a title, when
such licensure is not valid or current for any reason;
new text end

new text begin (ii) advertising or holding oneself out as a "licensed massage therapist," "licensed Asian
bodywork therapist," or any abbreviation or derivative thereof to indicate such a title, except
if the individual holds a license in another state or jurisdiction and does not provide services
in Minnesota;
new text end

new text begin (iii) advertising a service, the provision of which would constitute a violation of this
chapter or rules established by the board; and
new text end

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

new text begin (3) falsifying information in a massage therapy or Asian bodywork therapy licensure or
renewal application or attempting to obtain licensure, renewal, or reinstatement by fraud,
deception, or misrepresentation, or aiding and abetting any of these acts;
new text end

new text begin (4) engaging in conduct with a client that is sexual or may reasonably be interpreted by
the client as sexual, or engaging in any verbal behavior that is seductive or sexually
demeaning to a client, or engaging in sexual exploitation of a client, without regard to who
initiates such behaviors;
new text end

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

new text begin (6) having an actual or potential inability to practice massage therapy or Asian bodywork
therapy with reasonable skill and safety to clients by reason of illness, as a result of any
mental or physical condition, or use of alcohol, drugs, chemicals, or any other material.
Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person,
or a person dangerous to the public by a court of competent jurisdiction, inside or outside
of this state, may be considered evidence of an inability to practice massage therapy or
Asian bodywork therapy;
new text end

new text begin (7) being the subject of disciplinary action as a massage therapist or Asian bodywork
therapist in another state or jurisdiction if the board or advisory council determines that the
cause of the disciplinary action would be a violation under this state's statutes or rules of
the board had the violation occurred in this state;
new text end

new text begin (8) failing to notify the board of revocation or suspension of a credential, or any other
disciplinary action taken by this or any other state, territory, or country, including any
restrictions on the right to practice; or the surrender or voluntary termination of a credential
during a board investigation of a complaint, as part of a disciplinary order, or while under
a disciplinary order;
new text end

new text begin (9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
reasonably related to engaging in massage therapy practices or Asian bodywork therapy
practices. Conviction, as used in this clause, includes a conviction for an offense that, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor
regardless of its designation elsewhere, or a criminal proceeding where a finding or verdict
of guilty is made or returned but the adjudication of guilt is either withheld or not entered;
new text end

new text begin (10) if a licensee is on probation, failing to abide by terms of probation;
new text end

new text begin (11) practicing or offering to practice beyond the scope of the practice of massage therapy
or Asian bodywork therapy;
new text end

new text begin (12) managing client records and information improperly, including but not limited to
failing to maintain adequate client records, comply with a client's request made according
to sections 144.291 to 144.298, or furnish a client record or report required by law;
new text end

new text begin (13) revealing a privileged communication from or relating to a client except when
otherwise required or permitted by law;
new text end

new text begin (14) providing massage therapy services or Asian bodywork therapy services that are
linked to the financial gain of a referral source;
new text end

new text begin (15) obtaining money, property, or services from a client, other than reasonable fees for
services provided to the client, through the use of undue influence, harassment, duress,
deception, or fraud;
new text end

new text begin (16) engaging in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws or state medical assistance laws;
new text end

new text begin (17) failing to consult with a client's health care provider who prescribed a course of
massage therapy treatment or Asian bodywork therapy treatment if the treatment needs to
be altered from the original written order to conform with standards in the massage therapy
or Asian bodywork therapy field or the licensee's level of training or experience;
new text end

new text begin (18) failing to cooperate with an investigation of the board or its representatives, including
failing to: respond fully and promptly to any question raised by or on behalf of the board
relating to the subject of the investigation; execute all releases requested by the board;
provide copies of client records as reasonably requested by the board to assist in its
investigation; and appear at conferences or hearings scheduled by the board or its staff;
new text end

new text begin (19) interfering with an investigation or disciplinary proceeding, including by willful
misrepresentation of facts or by the use of threats or harassment to prevent a person from
providing evidence in a disciplinary proceeding or any legal action;
new text end

new text begin (20) violating a statute, rule, order, or agreement for corrective action that the board
issued or is otherwise authorized or empowered to enforce;
new text end

new text begin (21) aiding or abetting a person in violating sections 148.635 to 148.6363;
new text end

new text begin (22) failing to report to the board other massage therapists or Asian bodywork therapists
who commit violations of sections 148.635 to 148.6363; and
new text end

new text begin (23) failing to notify the board in writing of the entry of a final judgment by a court of
competent jurisdiction against the licensee for malpractice of massage therapy or Asian
bodywork therapy, or any settlement by the licensee in response to charges or allegations
of malpractice of massage therapy or Asian bodywork therapy. The notice must be provided
to the board within 60 days after the entry of a judgment or date of settlement, and must
contain the name of the court, case number, and the names of all parties to the action.
new text end

new text begin Subd. 2. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging a violation of subdivision 1, a copy
of the judgment or proceeding under the seal of the court administrator or of the
administrative agency must be admissible into evidence without further authentication and
must constitute prima facie evidence of the violation.
new text end

new text begin Subd. 3. new text end

new text begin Examination; access to medical data. new text end

new text begin The board may take the actions described
in section 148.261, subdivision 5, if the board has probable cause to believe that grounds
for disciplinary action exist under subdivision 1, paragraph (b), clause (6). The requirements
and limitations described in section 148.261, subdivision 5, must apply.
new text end

Sec. 11.

new text begin [148.636] DISCIPLINE; REPORTING.
new text end

new text begin For purposes of sections 148.635 to 148.6363, massage therapists or Asian bodywork
therapists and applicants for licensure are subject to sections 148.262 to 148.266.
new text end

Sec. 12.

new text begin [148.6361] EFFECT ON MUNICIPAL ORDINANCES.
new text end

new text begin Subdivision 1. new text end

new text begin License authority. new text end

new text begin The provisions of sections 148.635 to 148.6363
preempt the licensure and regulation of massage therapists or Asian bodywork therapists
by a municipality, including, without limitation, conducting a criminal background
investigation and examination of a massage therapist or Asian bodywork therapist, or
applicant for a municipality's credential to practice massage therapy or Asian bodywork
therapy.
new text end

new text begin Subd. 2. new text end

new text begin Municipal regulation. new text end

new text begin Sections 148.635 to 148.6363 must not be construed
to limit a municipality from:
new text end

new text begin (1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a
business license or permit to conduct business in the municipality; or
new text end

new text begin (2) regulating other professions or occupations.
new text end

Sec. 13.

new text begin [148.6362] MASSAGE THERAPY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; membership. new text end

new text begin (a) The Massage Therapy Advisory Council is
created and is composed of five members appointed by the board. All members must have
resided in this state for at least three years immediately preceding appointment. The advisory
council consists of:
new text end

new text begin (1) two public members, as defined in section 214.02; and
new text end

new text begin (2) three members who are licensed under sections 148.635 to 148.6363, two of whom
must be licensed as massage therapists.
new text end

new text begin (b) No more than one member of the advisory council may be an owner or administrator
of a massage therapy education provider.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The advisory council is established and administered under
section 15.059.
new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

new text begin The advisory council shall elect a chair from among its members.
new text end

new text begin Subd. 4. new text end

new text begin Staffing. new text end

new text begin The board shall provide meeting space and administrative support
for the advisory council.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The advisory council shall:
new text end

new text begin (1) advise the board on establishing standards of practice and a code of ethics for licensed
massage therapists or Asian bodywork therapists;
new text end

new text begin (2) advise the board on distributing information regarding massage therapy or Asian
bodywork therapy practice standards;
new text end

new text begin (3) review applications and make recommendations for granting or denying applications
for licensure or licensure renewal;
new text end

new text begin (4) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints filed against
licensed massage therapists or Asian bodywork therapists; and
new text end

new text begin (5) perform other duties authorized for advisory councils under chapter 214, as directed
by the board.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, the advisory council does not
expire.
new text end

Sec. 14.

new text begin [148.6363] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin Fees are as follows:
new text end

new text begin (1) initial licensure with application fee must not exceed $285;
new text end

new text begin (2) biennial licensure renewal fee must not exceed $185;
new text end

new text begin (3) duplicate licensure certificate, $15;
new text end

new text begin (4) late fee, $50;
new text end

new text begin (5) annual inactive status, $50;
new text end

new text begin (6) inactive to active status reactivation, $50;
new text end

new text begin (7) temporary permit, $50; and
new text end

new text begin (8) returned check, $35.
new text end

new text begin Subd. 2. new text end

new text begin Late renewal fee. new text end

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

new text begin Subd. 3. new text end

new text begin Nonrefundable fees. new text end

new text begin All of the fees in this section are nonrefundable.
new text end

new text begin Subd. 4. new text end

new text begin Deposit. new text end

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

Sec. 15. new text beginINITIAL MASSAGE THERAPY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Initial member appointments. new text end

new text begin The Board of Nursing shall make the
initial appointments to the Massage Therapy Advisory Council authorized under Minnesota
Statutes, section 148.6362, by October 1, 2021. The initial therapist members appointed to
the advisory council need not be licensed under Minnesota Statutes, sections 148.635 to
148.636, prior to initial appointment, but must be a practicing massage therapist or Asian
bodywork therapist with at least five years experience in the practice of massage therapy
or Asian bodywork therapy. A massage therapist or Asian bodywork therapist initially
appointed to the advisory council must obtain licensure under Minnesota Statutes, sections
148.635 to 148.6363, by January 1, 2023. If the massage therapist member does not obtain
licensure by January 1, 2023, the member shall be removed from the advisory council by
the board and a new member who is licensed under Minnesota Statutes, sections 148.635
to 148.6363, shall be appointed by the board.
new text end

new text begin Subd. 2. new text end

new text begin First advisory council meeting; initial chair. new text end

new text begin The Board of Nursing shall
designate one member from the initial appointments to call the first meeting of the advisory
council. The first meeting must be convened by November 15, 2021. The advisory council
shall elect a chair from its members at the first advisory council meeting.
new text end

Sec. 16. new text beginAPPROPRIATION.
new text end

new text begin $...... in fiscal year 2022 is appropriated from the state government special revenue fund
to the Board of Nursing to implement Minnesota Statutes, sections 148.635 to 148.6363.
The base for this appropriation is $.......
new text end

Sec. 17. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 16 are effective July 1, 2021.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2020, section 146A.01, subdivision 4, is amended to read:


Subd. 4.

Complementary and alternative health care practices.

(a) "Complementary
and alternative health care practices" means the broad domain of complementary and
alternative healing methods and treatments, including but not limited to: (1) acupressure;
(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally
traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;
(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food
supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)
Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;
(15) homeopathy; (16) nondiagnostic iridology; (17) body work, deleted text beginmassage, and massage
therapy
deleted text endnew text begin somatic movement therapy and movement education, structural integration practices,
and reflexology practices
new text end; (18) meditation; (19) mind-body healing practices; (20)
naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such
as Qi Gong energy healing.

(b) Complementary and alternative health care practices do not include surgery, x-ray
radiation, administering or dispensing legend drugs and controlled substances, practices
that invade the human body by puncture of the skin, setting fractures, the use of medical
devices as defined in section 147A.01, any practice included in the practice of dentistry as
defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations
of joints or the spine as described in section 146.23 or 148.01.

(c) Complementary and alternative health care practices do not include practices that
are permitted under section 147.09, clause (11), or 148.271, clause (5).

(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activity of lawfully marketing or distributing food products, including dietary supplements
as defined in the federal Dietary Supplement Health and Education Act, educating customers
about such products, or explaining the uses of such products. Under Minnesota law, an
unlicensed complementary and alternative health care practitioner may not provide a medical
diagnosis or recommend discontinuance of medically prescribed treatments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 146A.06, subdivision 3, is amended to read:


Subd. 3.

Exchanging information.

(a) The office shall establish internal operating
procedures for:

(1) exchanging information with state boards; agencies, including the Office of
Ombudsman for Mental Health and Developmental Disabilities; health-related and law
enforcement facilities; departments responsible for licensing health-related occupations,
facilities, and programs; and law enforcement personnel in this and other states; and

(2) coordinating investigations involving matters within the jurisdiction of more than
one regulatory agency.

(b) The procedures for exchanging information must provide for the forwarding to the
entities described in paragraph (a), clause (1), of information and evidence, including the
results of investigations, that are relevant to matters within the regulatory jurisdiction of
the organizations in paragraph (a). The data have the same classification in the hands of the
agency receiving the data as they have in the hands of the agency providing the data.

(c) The office shall establish procedures for exchanging information with other states
regarding disciplinary action against unlicensed complementary and alternative health care
practitioners.

(d) The office shall forward to another governmental agency any complaints received
by the office that do not relate to the office's jurisdiction but that relate to matters within
the jurisdiction of the other governmental agency. The agency to which a complaint is
forwarded shall advise the office of the disposition of the complaint. A complaint or other
information received by another governmental agency relating to a statute or rule that the
office is empowered to enforce must be forwarded to the office to be processed in accordance
with this section.

(e) The office shall furnish to a person who made a complaint a description of the actions
of the office relating to the complaint.

new text begin (f) The office shall report to the Board of Nursing all final disciplinary actions against
individuals practicing massage therapy or Asian bodywork therapy as unlicensed
complementary and alternative health care practitioners. Upon request by the Board of
Nursing, the office may share all complaint, investigatory, and disciplinary data regarding
a named individual who has practiced or is practicing massage therapy or Asian bodywork
therapy as an unlicensed complementary and alternative health care practitioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 146A.09, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Licensed massage therapists. new text end

new text begin Persons whose licensure as a massage therapist
or Asian bodywork therapist under sections 148.635 to 148.6363 has been suspended or
revoked by the Board of Nursing must not practice as unlicensed complementary and
alternative health care practitioners under this chapter during a period of suspension or
revocation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end