SF 1792

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 08:42am

A bill for an act
relating to health occupations; establishing registration for massage and
bodywork therapy; establishing fees; amending Minnesota Statutes 2013
Supplement, section 116J.70, subdivision 2a; proposing coding for new law in
Minnesota Statutes, chapters 148; 325F.

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

ARTICLE 1

MASSAGE AND BODYWORK THERAPY

Section 1.

new text begin [148.981] CITATION.
new text end

new text begin Sections 148.981 to 148.9885 may be cited as the "Minnesota Massage and
Bodywork Therapy Act."
new text end

Sec. 2.

new text begin [148.982] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to sections
148.981 to 148.9885.
new text end

new text begin Subd. 2. new text end

new text begin Advertise. new text end

new text begin "Advertise" means to publish, display, broadcast, or disseminate
information by any means that can be reasonably construed as an advertisement.
new text end

new text begin Subd. 3. new text end

new text begin Advisory council. new text end

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

new text begin Subd. 4. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual applying for registration or
renewal according to sections 148.981 to 148.9885.
new text end

new text begin Subd. 5. new text end

new text begin Approved education provider. new text end

new text begin "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 sections 148.981 to 148.9885.
new text end

new text begin Subd. 6. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Board of Nursing.
new text end

new text begin Subd. 7. new text end

new text begin Client. new text end

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

new text begin Subd. 8. new text end

new text begin Competency exam. new text end

new text begin "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.
new text end

new text begin Subd. 9. new text end

new text begin Contact hour. new text end

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

new text begin Subd. 10. new text end

new text begin Credential. new text end

new text begin "Credential" means a license, registration, or certification.
new text end

new text begin Subd. 11. new text end

new text begin Health care provider. new text end

new text begin "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.
new text end

new text begin Subd. 12. new text end

new text begin Massage and bodywork therapy. new text end

new text begin "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.
new text end

new text begin Subd. 13. 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

new text begin Subd. 14. new text end

new text begin Physical agent modality. new text end

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

new text begin Subd. 15. new text end

new text begin Practice of massage and bodywork therapy. new text end

new text begin "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.
new text end

new text begin Subd. 16. new text end

new text begin Professional organization. new text end

new text begin "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.
new text end

new text begin Subd. 17. new text end

new text begin Registered massage and bodywork therapist or registrant. new text end

new text begin "Registered
massage and bodywork therapist" or "registrant" means a health care provider registered
according to sections 148.981 to 148.9885, for the practice of massage and bodywork
therapy.
new text end

new text begin Subd. 18. new text end

new text begin State. new text end

new text begin "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.
new text end

Sec. 3.

new text begin [148.983] MASSAGE AND BODYWORK THERAPY.
new text end

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

new text begin (1) use of any or all of the following techniques using the hands, forearms,
elbows, knees, or feet, or handheld, nonpuncturing, 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
new text end

new text begin (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; creams, with the
exception of prescription-requiring medicinal creams; hot or cold stones; essential oils
as used in aromatherapy for inhalation or diluted for topical application; salt glows and
wraps; or heat or ice.
new text end

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

new text begin (1) diagnosing any illness or disease;
new text end

new text begin (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;
new text end

new text begin (3) prescription of drugs or medicines;
new text end

new text begin (4) intentional adjustment, manipulation, or mobilization of abnormal articulations,
neurological disturbances, structural alterations, biomechanical alterations as described in
section 148.01, including by means of a high-velocity, low-amplitude thrusting force or by
means of manual therapy or mechanical therapy for the manipulation or adjustment of
joint articulation as defined in section 146.23; or
new text end

new text begin (5) application of physical agent modalities, needles that puncture the skin, or
injection therapy.
new text end

Sec. 4.

new text begin [148.984] LIMITATIONS ON PRACTICE.
new text end

new text begin If a reasonably prudent massage and bodywork therapist finds a client's medical
condition is beyond the scope of practice established by sections 148.981 to 148.9885, 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 sections
148.981 to 148.9885, but is not prohibited from comanaging the client.
new text end

Sec. 5.

new text begin [148.985] PROTECTED TITLES AND RESTRICTIONS ON USE.
new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin An individual regulated by sections 148.981 to
148.9885, is designated as a "registered massage and bodywork therapist" or "RMBT."
new text end

new text begin Subd. 2. new text end

new text begin Title protection. new text end

new text begin 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 sections 148.981 to
148.9885.
new text end

new text begin Subd. 3. new text end

new text begin Identification of registrants. new text end

new text begin (a) A massage and bodywork therapist
registered according to sections 148.981 to 148.9885 shall be identified as a "registered
massage and bodywork therapist." If not written in full, this must be designated as "RMBT."
new text end

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

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Other health care providers. new text end

new text begin Nothing in sections 148.981 to 148.9885
may be construed to prohibit, restrict the practice of, nor require massage and bodywork
therapy registration of any of the following:
new text end

new text begin (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 sections 148.981 to 148.9885; or
new text end

new text begin (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 sections 148.981 to 148.9885.
new text end

Sec. 6.

new text begin [148.986] POWERS OF BOARD.
new text end

new text begin 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:
new text end

new text begin (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;
new text end

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

new text begin (3) approve or conduct a competency exam;
new text end

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

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

new text begin (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;
new text end

new text begin (7) maintain a record of names and addresses of registrants;
new text end

new text begin (8) keep a permanent record of all its proceedings;
new text end

new text begin (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;
new text end

new text begin (10) taking action on applications according to section 148.9881; and
new text end

new text begin (11) employ and establish the duties of necessary personnel.
new text end

Sec. 7.

new text begin [148.9861] REGISTERED MASSAGE AND BODYWORK THERAPIST
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 Registered Massage and Bodywork
Therapist Advisory Council is created and is composed of five members appointed by
the board. All members must have resided in the state for at least three years prior to
appointment. The advisory council consists of:
new text end

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

new text begin (2) three members who, except for initial appointees, are registered massage and
bodywork therapists. Initial appointees must practice massage and bodywork therapy.
An initial appointee shall be removed from the council if the appointee does not obtain
registration under section 148.987 within a reasonable time after registration procedures
are established.
new text end

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

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

new text begin Subd. 2. new text end

new text begin Vacancies. new text end

new text begin When a vacancy of a member who is a registered massage
and bodywork therapist occurs, the board may appoint a member from among qualified
candidates or from a list of nominees submitted by professional organizations that contains
twice the number of nominees 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 retain membership until a successor is appointed and qualified.
new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin The advisory council shall be organized and administered
under section 15.059. The council shall not expire.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The advisory council shall advise the board regarding:
new text end

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

new text begin (2) distribution of information regarding massage and bodywork standards;
new text end

new text begin (3) enforcement of sections 148.981 to 148.9885;
new text end

new text begin (4) applications and recommendations of applicants for registration or registration
renewal;
new text end

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

new text begin (6) approval of or conducting a competency exam and granting status as an approved
education provider; and
new text end

new text begin (7) performance of other duties of advisory councils under chapter 214, or as
directed by the board.
new text end

Sec. 8.

new text begin [148.987] REGISTRATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Registration. new text end

new text begin To be eligible for registration according to sections
148.981 to 148.9885, an applicant must:
new text end

new text begin (1) pay applicable fees;
new text end

new text begin (2) submit to a criminal background check and pay the fees associated with obtaining
the criminal background check. The background check shall be conducted in accordance
with section 214.075; and
new text end

new text begin (3) file a written 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, business address and telephone number, and business setting;
new text end

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

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

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

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

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

new text begin (iii) unless registered under subdivision 3 or 4, successful completion of a curriculum
from an approved education provider;
new text end

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

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

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

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

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

new text begin (ix) additional information as requested by the board;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Registration prohibited. new text end

new text begin The board may deny any application for
registration if an applicant:
new text end

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

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

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

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

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

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

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Registration by endorsement. new text end

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

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

new text begin (2) provide proof of a current and unrestricted equivalent credential in another
state that has qualifications at least equivalent to the requirements of sections 148.981 to
148.9885. The proof shall include records as required by rules of the board.
new text end

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

new text begin Subd. 4. new text end

new text begin Registration by grandfathering. new text end

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

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

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

new text begin (i) successful completion of at least 500 hours of supervised classroom and hands
on instruction relating to massage and bodywork therapy;
new text end

new text begin (ii) successful completion of a competency exam;
new text end

new text begin (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
new text end

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

new text begin (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.
new text end

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

new text begin Subd. 5. new text end

new text begin Temporary permit. new text end

new text begin 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.
new text end

Sec. 9.

new text begin [148.9871] EXPIRATION AND RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Registration expiration. new text end

new text begin Registrations issued according to this
chapter expire annually.
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 registration renewal a registrant must:
new text end

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

new text begin (2) submit applicable fees; and
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Change of address. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Registration renewal notice. new text end

new text begin 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.
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 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.
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 registration may be
placed in inactive status upon application to the board by the registrant and upon payment
of an inactive status fee.
new text end

new text begin (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.
new text end

new text begin Subd. 7. new text end

new text begin Registration following lapse of registration status for two years or less.
new text end

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

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

new text begin (2) submit applicable fees for the period not registered, 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 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.
new text end

new text begin Subd. 9. new text end

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

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 sections 148.981 to 148.9885.
new text end

Sec. 10.

new text begin [148.988] APPROVED EDUCATION PROVIDER.
new text end

new text begin Subdivision 1. new text end

new text begin Initial approval. new text end

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

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

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

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Continuing approval. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Loss of approval. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Reinstatement of approval. new text end

new text begin 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.
new text end

Sec. 11.

new text begin [148.9881] BOARD ACTION ON APPLICATIONS.
new text end

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

new text begin (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.
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 registration if registration is denied, and the applicant's right
to review under paragraph (d).
new text end

new text begin (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.
new text end

Sec. 12.

new text begin [148.9882] 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 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.
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
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;
new text end

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

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (iii) advertise 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) use of fraud, deceit, or misrepresentation when communicating with the general
public, health care, or other business professionals;
new text end

new text begin (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;
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 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 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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (10) being convicted of or has pled guilty 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;
new text end

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

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

new text begin (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;
new text end

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

new text begin (15) providing massage and bodywork therapy services that are in any way linked
to the financial gain of a referral source;
new text end

new text begin (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;
new text end

new text begin (17) 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 (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (21) 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 (22) aiding or abetting in any manner a person in violating sections 148.981 to
148.9885;
new text end

new text begin (23) failing to report to the board other massage and bodywork therapists who
commit violations of sections 148.981 to 148.9885; and
new text end

new text begin (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.
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 that entered the same shall be admissible into evidence without
further authentication and shall constitute prima facie evidence of the violation concerned.
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 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.
new text end

Sec. 13.

new text begin [148.9883] DISCIPLINE; REPORTING.
new text end

new text begin For purposes of sections 148.981 to 148.9885, registered massage and bodywork
therapists and applicants are subject to sections 148.262 to 148.266.
new text end

Sec. 14.

new text begin [148.9884] 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 148.981 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.
new text end

new text begin Subd. 2. new text end

new text begin Municipal regulation. new text end

new text begin Nothing in sections 148.981 to 148.9885 shall
be construed to limit a municipality from:
new text end

new text begin (1) requiring a massage business establishment to obtain a business license or permit
in order to transact business in the jurisdiction regardless of whether the massage business
establishment is operated by a registered or unregistered massage and body therapist;
new text end

new text begin (2) enforcing the provisions of health codes related to communicable diseases;
new text end

new text begin (3) requiring a criminal background check of any unregistered massage and
bodywork therapist applying for a license to conduct massage and bodywork therapy
in the municipality; and
new text end

new text begin (4) otherwise regulating massage business establishments by ordinance regardless of
whether the massage business establishment is operated by a registered or unregistered
massage and body therapist.
new text end

new text begin Subd. 3. new text end

new text begin Prosecuting authority. new text end

new text begin A municipality may prosecute violations of
sections 148.981 to 148.9885, a local ordinance, or any other law by a registered or
unregistered massage and bodywork therapist in its jurisdiction.
new text end

Sec. 15.

new text begin [148.9885] 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 registration with application, $285;
new text end

new text begin (2) annual registration renewal, $185;
new text end

new text begin (3) initial school approval, $300;
new text end

new text begin (4) school approval renewal, $200;
new text end

new text begin (5) duplicate registration certificate, $15;
new text end

new text begin (6) late fee, $50;
new text end

new text begin (7) inactive status and inactive to active status reactivation, $50;
new text end

new text begin (8) temporary permit, $50; and
new text end

new text begin (9) returned check, $35.
new text end

new text begin Subd. 3. new text end

new text begin Penalty fee for late renewals. new text end

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

new text begin Subd. 4. new text end

new text begin Nonrefundable fees. new text end

new text begin All of the fees in subdivision 1 are nonrefundable.
new text end

new text begin Subd. 5. new text end

new text begin Deposit. new text end

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

Sec. 16. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2014.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2013 Supplement, section 116J.70, subdivision 2a,
is amended to read:

Subd. 2a.

License; exceptions.

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

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

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

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

(i) abstracters regulated pursuant to chapter 386;

(ii) accountants regulated pursuant to chapter 326A;

(iii) adjusters regulated pursuant to chapter 72B;

(iv) architects regulated pursuant to chapter 326;

(v) assessors regulated pursuant to chapter 270;

(vi) athletic trainers regulated pursuant to chapter 148;

(vii) attorneys regulated pursuant to chapter 481;

(viii) auctioneers regulated pursuant to chapter 330;

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

(x) boiler operators regulated pursuant to chapter 326B;

(xi) chiropractors regulated pursuant to chapter 148;

(xii) collection agencies regulated pursuant to chapter 332;

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

(xiv) detectives regulated pursuant to chapter 326;

(xv) electricians regulated pursuant to chapter 326B;

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

(xvii) engineers regulated pursuant to chapter 326;

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

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

(xx) midwives regulated pursuant to chapter 147D;

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

(xxii) optometrists regulated pursuant to chapter 148;

(xxiii) osteopathic physicians regulated pursuant to chapter 147;

(xxiv) pharmacists regulated pursuant to chapter 151;

(xxv) physical therapists regulated pursuant to chapter 148;

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

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

(xxviii) plumbers regulated pursuant to chapter 326B;

(xxix) podiatrists regulated pursuant to chapter 153;

(xxx) practical nurses regulated pursuant to chapter 148;

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

(xxxii) psychologists regulated pursuant to chapter 148;

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

(xxxiv) registered nurses regulated pursuant to chapter 148;

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

(xxxvi) steamfitters regulated pursuant to chapter 326B;

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

(xxxviii) veterinarians regulated pursuant to chapter 156;

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

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

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

(xlii) motor carriers regulated pursuant to chapter 221;

(xliii) professional firms regulated under chapter 319B;

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

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

(xlvi) licensed professional counselors regulated pursuant to chapter 148B; new text begin or
new text end

new text begin (xlvii) registered massage and bodywork therapists regulated according to chapter
148;
new text end

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

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

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

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

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

Sec. 2.

new text begin [325F.816] MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE.
new text end

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

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2014.
new text end