1.1                          A bill for an act 
  1.2             relating to health; licensing massage therapists and 
  1.3             Oriental bodywork therapists; authorizing rulemaking; 
  1.4             providing criminal penalties; amending Minnesota 
  1.5             Statutes 1996, sections 116J.70, subdivision 2a; 
  1.6             144.335, subdivision 1; 148B.60, subdivision 3; 
  1.7             214.23, subdivision 1; and 604A.01, subdivision 2; 
  1.8             proposing coding for new law as Minnesota Statutes, 
  1.9             chapter 148D. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11                             ARTICLE 1
  1.12        MASSAGE THERAPISTS AND ORIENTAL BODYWORK THERAPISTS
  1.13     Section 1.  [148D.01] [DEFINITION.] 
  1.14     Subdivision 1.  [SCOPE.] The terms defined in this section 
  1.15  apply to this chapter.  
  1.16     Subd. 2.  [BOARD.] "Board" means the board of ........ 
  1.17     Subd. 3.  [CLASSROOM HOUR.] "Classroom hour" means not less 
  1.18  than 50 minutes of any clock hour during which the student 
  1.19  participates in a learning activity in the physical presence of 
  1.20  a member of the faculty of the school.  
  1.21     Subd. 4.  [CUPPING.] "Cupping" means a therapy in which a 
  1.22  jar-shaped instrument is attached to the skin and negative 
  1.23  pressure is created by using suction. 
  1.24     Subd. 5.  [MASSAGE THERAPY.] "Massage therapy" means a 
  1.25  health care service provided for compensation involving 
  1.26  systematic manipulation of or pressure on soft tissues of the 
  1.27  human body for therapeutic purposes.  Massage therapy includes 
  2.1   such methods or techniques as effleurage, petrissage, 
  2.2   tapotement, compression, vibration, friction, fascial 
  2.3   </u>
  2.4   manipulation applied manually or by mechanical device that 
  2.5   mimics or enhances the actions of the hands, and the application 
  2.6   of oils, lotions, or similar preparations.  Massage therapy is 
  2.7   administered for the purposes of maintaining, restoring, and 
  2.8   enhancing health, relaxing musculature, increasing range of 
  2.9   motion, reducing stress, relieving pain, and improving 
  2.10  circulation or lymphatic flow, or both.  It does not include 
  2.11  diagnosis, nor does it attempt to adjust or manipulate any 
  2.12  articulations of the body or spine, nor to mobilize these 
  2.13  articulations by means of a thrusting force.  
  2.14     "Municipality" means a county, town, home rule or statutory 
  2.15  city, or other municipal corporation or political subdivision of 
  2.16  the state.  
  2.17     Subd. 6.  [ORIENTAL BODYWORK THERAPY.] "Oriental bodywork 
  2.18  therapy" means a health care service provided for compensation 
  2.19  that uses Oriental medical theory and principles and Oriental 
  2.20  massage methods or techniques including pressure; kneading; 
  2.21  vibration; tapping; placement of the hands on the body to affect 
  2.22  the energy field of the body; the topical application of herbal 
  2.23  preparations, oils, liniments, magnets, cupping, moxabustion, or 
  2.24  other devices; and the application of heat or cold.  Oriental 
  2.25  bodywork therapy is administered for the purposes of 
  2.26  maintaining, restoring, and enhancing health, relaxing 
  2.27  musculature, increasing range of motion, reducing stress, 
  2.28  relieving pain, and improving circulation or lymphatic flow, or 
  2.29  both.  It does not include diagnosis, nor does it attempt to 
  2.30  adjust or manipulate any articulations of the body or spine, nor 
  2.31  to mobilize these articulations by means of a thrusting force.  
  2.32     Subd. 7.  [MASSAGE THERAPIST.] "Massage therapist" means a 
  2.33  health care provider who practices massage therapy. 
  2.34     Subd. 8.  [ORIENTAL BODYWORK THERAPIST.] "Oriental bodywork 
  2.35  therapist" means a health care provider who practices Oriental 
  2.36  bodywork therapy.  
  2.37     Subd. 9.  [ORIENTAL MEDICINE.] "Oriental medicine" means a 
  3.1   system of healing arts that perceives the circulation and 
  3.2   balance of energy in the body as being fundamental to the 
  3.3   well-being of the individual.  Oriental medicine implements the 
  3.4   theory through specialized methods of analyzing the energy 
  3.5   status of the body and treating the body with Oriental bodywork 
  3.6   therapy and other related modalities for the purpose of 
  3.7   strengthening the body, improving energy balance, maintaining or 
  3.8   restoring health, improving physiological function, and reducing 
  3.9   pain. 
  3.10     Subd. 10.  [RECOGNIZED SCHOOL.] "Recognized school" means 
  3.11  any school or institution of learning that has a published code 
  3.12  of ethics, is registered or licensed, as appropriate, by the 
  3.13  Minnesota higher education services office or the appropriate 
  3.14  state agency in the state where the school operates, has for its 
  3.15  purpose the teaching of theory, method, and work of massage 
  3.16  therapy or Oriental bodywork therapy, or both, and that requires 
  3.17  a resident course of study consisting of a minimum of 500 hours 
  3.18  of in-class, teacher-supervised instruction unless, by rule, the 
  3.19  board raises the minimum requirements. 
  3.20     Sec. 2.  [148D.02] [BOARD OF ........] 
  3.21     The board of ......., upon the advice of the advisory 
  3.22  council established under section 148D.12, shall:  
  3.23     (1) adopt rules necessary to implement this chapter; 
  3.24     (2) determine necessary forms; 
  3.25     (3) issue licenses to qualified applicants; 
  3.26     (4) keep a complete record of licensed massage therapists 
  3.27  and Oriental bodywork therapists and maintain a current official 
  3.28  listing of the names and addresses of licensed massage 
  3.29  therapists and Oriental bodywork therapists, and make a copy of 
  3.30  the list available upon payment of a copying fee; and 
  3.31     (5) employ appropriate personnel and establish their duties.
  3.32     Sec. 3.  [148D.03] [LICENSURE.] 
  3.33     Subdivision 1.  [LICENSURE REQUIRED.] Except as provided in 
  3.34  subdivision 2, after a date established by rules adopted by the 
  3.35  board, it is unlawful for any person to engage in the practice 
  3.36  of massage therapy or Oriental bodywork therapy without a 
  4.1   license issued by the board.  
  4.2      Subd. 2.  [EXEMPTIONS.] (a) Massage therapy and Oriental 
  4.3   bodywork therapy do not include services performed by 
  4.4   acupuncturists, athletic trainers, barbers, chiropractors, 
  4.5   cosmetologists, estheticians, manicurists, medical doctors, 
  4.6   nurses, occupational therapists, osteopaths, physical 
  4.7   therapists, and podiatrists who act under a professional 
  4.8   license, certificate, or registration, provided any massage 
  4.9   therapy or Oriental bodywork therapy administered falls within 
  4.10  the regular course of their scope of practice and is not part of 
  4.11  a separate and distinct massage therapy or Oriental bodywork 
  4.12  therapy business or service.  
  4.13     (b) Subdivision 1 does not prohibit: 
  4.14     (1) the furnishing of massage therapy or Oriental bodywork 
  4.15  therapy assistance in an emergency; 
  4.16     (2) massage therapy or Oriental bodywork therapy by a 
  4.17  therapist licensed in another state or territory who is in 
  4.18  Minnesota as a student enrolled in a formal, structured course 
  4.19  of study; 
  4.20     (3) massage therapy or Oriental bodywork therapy by a 
  4.21  student practicing under the supervision of an instructor while 
  4.22  the student is enrolled in a therapy program in Minnesota; 
  4.23     (4) the practice of massage therapy or Oriental bodywork 
  4.24  therapy under jurisdiction of a federally recognized Indian 
  4.25  tribe or in the course of employment by the federal government; 
  4.26  or 
  4.27     (5) the practice by unlicensed somatic practitioners or 
  4.28  touch therapists who are not massage therapists or Oriental 
  4.29  bodywork therapists.  
  4.30     Sec. 4.  [148D.04] [TITLE PROTECTION.] 
  4.31     Unless licensed under this chapter, a person may not use or 
  4.32  advertise in a public or private communication any title or 
  4.33  description of services when the services rendered under that 
  4.34  representation fall under the scope of practice defined in this 
  4.35  chapter.  Titles and descriptions that are protected include 
  4.36  massage therapist, licensed massage therapist, LMT, massage, 
  5.1   masseuse, masseur, Oriental bodywork therapist, licensed 
  5.2   Oriental bodywork therapist, LOBT, or any other derivation or 
  5.3   abbreviation of terms that imply a massage therapy or Oriental 
  5.4   bodywork therapy technique, method, or practitioner.  
  5.5      Massage therapists or Oriental bodywork therapists who have 
  5.6   received certificates from organizations, associations, or 
  5.7   educational corporations are not prohibited from using the term 
  5.8   "certified," so long as the originating body for the 
  5.9   certification is stated clearly in any form of advertising.  The 
  5.10  therapist's state license number must appear in all 
  5.11  advertisements. 
  5.12     Sec. 5.  [148D.05] [QUALIFICATIONS TO PRACTICE MASSAGE 
  5.13  THERAPY.] 
  5.14     An applicant for a license to practice massage therapy must 
  5.15  meet all of the following requirements: 
  5.16     (1) be 18 years of age or older; 
  5.17     (2) have obtained a high school diploma or the equivalent; 
  5.18     (3) show evidence of maintaining current professional 
  5.19  liability insurance of at least $1,000,000; 
  5.20     (4) have achieved a passing score on the National 
  5.21  Certification Examination for Therapeutic Massage and Bodywork 
  5.22  or its equivalent; and 
  5.23     (5) have successfully completed a course of study 
  5.24  consisting of 500 or more classroom hours of supervised 
  5.25  instruction from a recognized school with a curriculum that 
  5.26  meets the basic guidelines under section 148D.20 for massage 
  5.27  therapy or have qualified for the National Certification 
  5.28  Examination for Therapeutic Massage and Bodywork by the 
  5.29  portfolio review processes or the current equivalent. 
  5.30     Sec. 6.  [148D.06] [QUALIFICATIONS TO PRACTICE ORIENTAL 
  5.31  BODYWORK THERAPY.] 
  5.32     An applicant for a license to practice Oriental bodywork 
  5.33  therapy must meet all of the following requirements: 
  5.34     (1) be 18 years of age or older; 
  5.35     (2) have obtained a high school diploma or the equivalent; 
  5.36     (3) show evidence of maintaining current professional 
  6.1   liability insurance of at least $1,000,000; 
  6.2      (4) have achieved a passing score on the National 
  6.3   Certification Examination in Oriental Bodywork Therapy 
  6.4   administered by the National Commission for the Certification of 
  6.5   Acupuncture and Oriental Medicine or the National Certification 
  6.6   Examination for Therapeutic Massage and Bodywork, or an 
  6.7   equivalent; and 
  6.8      (5) have successfully completed a course of study 
  6.9   consisting of 500 or more classroom hours of supervised 
  6.10  instruction from a recognized school with a curriculum that 
  6.11  meets the basic guidelines under section 148D.20 for Oriental 
  6.12  bodywork therapy or have qualified for the National 
  6.13  Certification Examination for Therapeutic Massage and Bodywork 
  6.14  or the National Certification Examination for Oriental Bodywork 
  6.15  Therapy by the portfolio review processes or the current 
  6.16  equivalent. 
  6.17     Sec. 7.  [148D.07] [CODE OF ETHICS; BILL OF RIGHTS.] 
  6.18     (a) Massage therapists and Oriental bodywork therapists 
  6.19  shall abide by the code of ethics in this paragraph as the 
  6.20  standard by which they agree to conduct their practices and as 
  6.21  the general principles of acceptable ethical professional 
  6.22  behavior.  Therapists must: 
  6.23     (1) perform only those services for which they are 
  6.24  qualified by adequate training; represent their education, 
  6.25  educational certification, professional affiliations, and other 
  6.26  qualifications honestly; and, based on their qualifications, use 
  6.27  applications only when appropriate and not use them when they 
  6.28  are contraindicated; 
  6.29     (2) cooperate with health care practitioners in a 
  6.30  professional manner, and refer clients to appropriate health 
  6.31  care providers when indicated; 
  6.32     (3) follow the physician's treatment plan when a physician 
  6.33  refers a patient to a massage therapist or Oriental bodywork 
  6.34  therapist, so long as it conforms to the acceptable prevailing 
  6.35  standards of practice of massage therapy or Oriental bodywork 
  6.36  therapy; 
  7.1      (4) maintain accurate client records and keep them on file 
  7.2   for at least seven years; 
  7.3      (5) acknowledge the inherent worth and individuality of 
  7.4   each person and, therefore, not discriminate against clients or 
  7.5   colleagues; 
  7.6      (6) maintain professional relationships with all clients, 
  7.7   as defined by the board; 
  7.8      (7) advertise honestly, not misrepresenting their education 
  7.9   or making false claims about the potential benefits of massage 
  7.10  therapy or Oriental bodywork therapy; and 
  7.11     (8) never administer massage therapy or Oriental bodywork 
  7.12  therapy while under the influence of prescription or 
  7.13  nonprescription drugs, alcohol, or other intoxicants that may 
  7.14  impair professional skill and judgment. 
  7.15     (b) Massage therapists and Oriental bodywork therapists, 
  7.16  other than those providing services in a facility regulated 
  7.17  under section 144.651 or a government agency, shall provide to 
  7.18  each client prior to provision of services a written copy of a 
  7.19  client bill of rights as described in this paragraph, and the 
  7.20  client must sign a written statement attesting that the client 
  7.21  has received the bill of rights.  Reasonable accommodation must 
  7.22  be made for those clients who cannot read or who have 
  7.23  communication impairments and those who do not read or speak 
  7.24  English.  The client bill of rights shall include at least the 
  7.25  following:  
  7.26     (1) the name, title, business address, and business 
  7.27  telephone number of the therapist; 
  7.28     (2) the degrees, training, or other qualifications of the 
  7.29  therapist; 
  7.30     (3) the name, address, and telephone number of the board 
  7.31  and a notice that a client may file a complaint with the board; 
  7.32     (4) the fee per unit of service; the method of billing, if 
  7.33  any, for fees; whether the therapist bills insurance companies 
  7.34  and under what circumstances; whether the therapist accepts 
  7.35  Medicare, medical assistance, general assistance, or Medicaid; 
  7.36  and whether the therapist is willing to accept partial payment 
  8.1   or to waive payment and under what circumstances; 
  8.2      (5) a brief summary in plain language of the approach and 
  8.3   techniques used by the therapist; 
  8.4      (6) a statement that the client has a right to complete and 
  8.5   current information concerning the therapist's assessment and 
  8.6   goals, including the expected duration of the therapy, in 
  8.7   language that the client can reasonably be expected to 
  8.8   understand; 
  8.9      (7) a statement that clients have the right to participate 
  8.10  in the planning of their therapy, including the right to discuss 
  8.11  options with the therapist and to include a family member or 
  8.12  other chosen representative; 
  8.13     (8) a statement that clients may expect courteous treatment 
  8.14  and may expect to be free from abuse, including verbal, 
  8.15  nonverbal, physical, or sexual abuse, by the therapist or agents 
  8.16  of the therapist; 
  8.17     (9) a statement that clients have the right to every 
  8.18  consideration of their privacy, individuality, and cultural 
  8.19  identity, as related to their social, religious, and 
  8.20  psychological well-being; 
  8.21     (10) a statement that a client may be accompanied during 
  8.22  the therapy session by a family member or other chosen 
  8.23  representative; 
  8.24     (11) a statement that clients have a right to prompt and 
  8.25  reasonable responses to their questions and requests; 
  8.26     (12) a statement that client records and transactions with 
  8.27  the therapist are confidential unless release of these records 
  8.28  is authorized, in writing, by the client or otherwise provided 
  8.29  by law; 
  8.30     (13) a statement of the client's right to have access to 
  8.31  records and written information from records; 
  8.32     (14) a statement that other services may be available in 
  8.33  the community and that the client has the right to choose freely 
  8.34  among available therapists, as well as to change therapists 
  8.35  after services have begun; 
  8.36     (15) a statement that the client has the right to the 
  9.1   coordinated transfer of records when there will be a change in 
  9.2   the provider of services; 
  9.3      (16) a statement that the client may refuse services unless 
  9.4   otherwise provided by law; and 
  9.5      (17) a statement that the client may assert the client's 
  9.6   rights without retaliation.  
  9.7      (c) No massage therapist or Oriental bodywork therapist may 
  9.8   require a client to waive rights under section 626.557 as a 
  9.9   condition of receiving services.  
  9.10     (d) A guardian or conservator of a client or, in the 
  9.11  absence of a guardian or conservator, any interested party may 
  9.12  seek enforcement of the rights in paragraph (b) on behalf of a 
  9.13  client.  It is the intent of this section that every client's 
  9.14  civil liberties, including the right to independent personal 
  9.15  decisions and knowledge of available choices, not be infringed 
  9.16  and that the therapist shall encourage and assist in the fullest 
  9.17  possible exercise of these rights.  
  9.18     (e) The therapist must post a notice of changes in services 
  9.19  or charges.  
  9.20     Sec. 8.  [148D.08] [ENDORSEMENT.] 
  9.21     Applications from individuals from another United States 
  9.22  jurisdiction or another country seeking a license to practice 
  9.23  massage therapy or Oriental bodywork therapy in Minnesota must 
  9.24  be considered individually.  In order for a license from another 
  9.25  jurisdiction to be recognized for licensing in Minnesota, the 
  9.26  other licensing jurisdiction must have requirements equal to or 
  9.27  exceeding those of Minnesota.  Applicants must supply an 
  9.28  official document from the jurisdiction's licensing board 
  9.29  verifying the status of the applicant's license, including date 
  9.30  of issuance, date of expiration, and information regarding any 
  9.31  pending or prior investigations or disciplinary action.  The 
  9.32  applicant must also provide a statement from the licensing 
  9.33  jurisdiction's licensing board outlining the licensure 
  9.34  requirements of that jurisdiction.  The applicant must also 
  9.35  provide proof of a passing score on the National Certification 
  9.36  Examination for Therapeutic Massage and Bodywork or the National 
 10.1   Certification Examination in Oriental Bodywork Therapy, or an 
 10.2   equivalent.  Visiting massage therapy or Oriental bodywork 
 10.3   therapy instructors from another United States jurisdiction or 
 10.4   another country who wish to teach massage therapy or Oriental 
 10.5   bodywork therapy are not required to be licensed in Minnesota, 
 10.6   providing the instructor is duly licensed or registered, if 
 10.7   required, or is qualified in the instructor's place of residence 
 10.8   for the practice or instruction of massage therapy or Oriental 
 10.9   bodywork therapy.  
 10.10     Sec. 9.  [148D.09] [STUDENTS.] 
 10.11     Students in schools recognized by the board who practice 
 10.12  under supervision of a licensed massage therapist or Oriental 
 10.13  bodywork therapist and who have liability insurance may practice 
 10.14  massage therapy or Oriental bodywork therapy for educational 
 10.15  purposes.  
 10.16     Sec. 10.  [148D.10] [FEES.] 
 10.17     The board may make rules to set fees, allow surcharges, and 
 10.18  collect fees for verification to other jurisdictions.  
 10.19     Sec. 11.  [148D.11] [PREEMPTION.] 
 10.20     A municipality is preempted from issuing professional 
 10.21  licenses to massage therapists and Oriental bodywork therapists 
 10.22  who are licensed pursuant to this chapter.  Nothing in this 
 10.23  chapter preempts or supersedes any ordinance adopted by a 
 10.24  municipality relating to land use, zoning, or the control of 
 10.25  other nuisances. 
 10.26     Sec. 12.  [148D.12] [ADVISORY COUNCIL.] 
 10.27     (a) The advisory council for massage therapy and Oriental 
 10.28  bodywork therapy consists of seven members appointed by the 
 10.29  board to carry out the provisions of this chapter.  
 10.30     (b) The council shall consist of:  
 10.31     (1) three licensed professional members representing 
 10.32  massage therapy and two licensed professional members 
 10.33  representing Oriental bodywork therapy; and 
 10.34     (2) two public members who are lay persons. 
 10.35     (c) The public members must not have been licensed or have 
 10.36  any financial interest, direct or indirect, in massage therapy 
 11.1   or Oriental bodywork therapy.  
 11.2      (d) Each council member must be a high school graduate or 
 11.3   have received a graduate equivalency diploma and be a resident 
 11.4   of this state for not less than one year.  
 11.5      (e) The council shall: 
 11.6      (1) advise the board on adoption and the enforcement of 
 11.7   rules and statutes; 
 11.8      (2) advise the board on rules for application for 
 11.9   licensure, renewal, and advertising; 
 11.10     (3) review applications for licensure and for renewal, and 
 11.11  make recommendations to the board; 
 11.12     (4) advise the board on disciplinary action concerning 
 11.13  prosecution of violations; 
 11.14     (5) review complaints against practitioners; 
 11.15     (6) review investigation reports of complaints and 
 11.16  recommend to the board whether disciplinary action should be 
 11.17  taken; 
 11.18     (7) appoint members of the council to represent the council 
 11.19  at nonboard meetings; 
 11.20     (8) propose to the board a biennial budget; 
 11.21     (9) propose to the board recommendations for continuing 
 11.22  education with five-year study for peer review or competency 
 11.23  assessment process; and 
 11.24     (10) perform other duties authorized for advisory councils 
 11.25  under chapter 214, as directed by the board.  
 11.26     Sec. 13.  [148D.13] [GROUNDS FOR DISCIPLINARY ACTION.] 
 11.27     Subdivision 1.  [GROUNDS LISTED.] The board may deny, 
 11.28  revoke, suspend, limit, or condition the license of a therapist 
 11.29  licensed under this chapter, or to otherwise discipline a 
 11.30  therapist or applicant as described in section 148D.14.  The 
 11.31  following are grounds for disciplinary action: 
 11.32     (1) Failure to demonstrate the qualifications or satisfy 
 11.33  the requirements for a license contained in this chapter or 
 11.34  rules of the board.  In the case of a person applying for a 
 11.35  license, the burden of proof is upon the applicant to 
 11.36  demonstrate the qualifications or satisfaction of the 
 12.1   requirements. 
 12.2      (2) Employing fraud or deceit in procuring or attempting to 
 12.3   procure a license to practice massage therapy or Oriental 
 12.4   bodywork therapy or attempting to subvert the licensing 
 12.5   examination process. 
 12.6      (3) Conviction of a felony or gross misdemeanor reasonably 
 12.7   related to the practice of massage therapy or Oriental bodywork 
 12.8   therapy.  Conviction as used in this subdivision includes a 
 12.9   conviction of an offense that if committed in this state would 
 12.10  be considered a felony or gross misdemeanor without regard to 
 12.11  its designation elsewhere, or a criminal proceeding where a 
 12.12  finding or verdict of guilt is made or returned but the 
 12.13  adjudication of guilt is either withheld or not entered. 
 12.14     (4) Revocation, suspension, limitation, conditioning, or 
 12.15  other disciplinary action against the person's massage therapy 
 12.16  or Oriental bodywork therapy license in another state, 
 12.17  territory, or country; failure to report to the board that 
 12.18  charges regarding the person's license are pending in another 
 12.19  state, territory, or country; or having been refused a license 
 12.20  by another state, territory, or country. 
 12.21     (5) Engaging in unprofessional conduct, including, but not 
 12.22  limited to, a departure from or failure to conform to board 
 12.23  rules of massage therapy or Oriental bodywork therapy that 
 12.24  interpret the statutory definition of massage therapy or 
 12.25  Oriental bodywork therapy as well as provide criteria for 
 12.26  violations of the statutes, or, if no rule exists, to the 
 12.27  minimal standards of acceptable and prevailing massage therapy 
 12.28  or Oriental bodywork therapy, or any massage therapy or Oriental 
 12.29  bodywork therapy practice that may create unnecessary danger to 
 12.30  a client's life, health, or safety.  Actual injury to a client 
 12.31  need not be established under this clause.  
 12.32     (6) Actual or potential inability to practice massage 
 12.33  therapy or Oriental bodywork therapy with reasonable skill and 
 12.34  safety to clients by reason of illness, use of alcohol, drugs, 
 12.35  chemicals, or any other material, or as a result of any 
 12.36  psychological or physical condition.  
 13.1      (7) Adjudication as mentally incompetent, mentally ill, a 
 13.2   chemically dependent person, or a person dangerous to the public 
 13.3   by a court of competent jurisdiction, within or without this 
 13.4   state.  
 13.5      (8) Engaging in any unethical conduct, including, but not 
 13.6   limited to, conduct likely to deceive, defraud, or harm the 
 13.7   public, or demonstrating a willful or careless disregard for the 
 13.8   health, welfare, or safety of a client.  Actual injury need not 
 13.9   be established under this clause.  
 13.10     (9) Engaging in conduct with a client that is sexual or may 
 13.11  reasonably be interpreted by the client as sexual, or in any 
 13.12  verbal behavior that is seductive or sexually demeaning to a 
 13.13  client, or engaging in sexual exploitation of a client or former 
 13.14  client.  Under no circumstances may a therapist engage in sexual 
 13.15  conduct with a former client for two years following termination 
 13.16  of the therapeutic relationship. 
 13.17     (10) Obtaining money, property, or services from a client, 
 13.18  other than reasonable fees for services provided to the client, 
 13.19  through the use of undue influence, harassment, duress, 
 13.20  deception, or fraud. 
 13.21     (11) Revealing a privileged communication from or relating 
 13.22  to a client except when otherwise required or permitted by law. 
 13.23     (12) Engaging in abusive or fraudulent billing practices, 
 13.24  including violations of federal Medicare and Medicaid laws or 
 13.25  state medical assistance laws. 
 13.26     (13) Improper management of client records, including 
 13.27  failure to maintain adequate client records, to comply with a 
 13.28  client's request made pursuant to section 144.335, or to furnish 
 13.29  a client record or report required by law.  
 13.30     (14) Knowingly aiding, assisting, advising, or allowing an 
 13.31  unlicensed person to engage in the unlawful practice of massage 
 13.32  therapy or Oriental bodywork therapy. 
 13.33     (15) Violating a rule adopted by the board, an order of the 
 13.34  board, or a state or federal law relating to the practice of 
 13.35  massage therapy or Oriental bodywork therapy, or a state or 
 13.36  federal narcotics or controlled substance law. 
 14.1      (16) Making a false statement or knowingly providing false 
 14.2   information to the board, failing to make reports as required by 
 14.3   section 148D.15, or failing to cooperate with an investigation 
 14.4   of the board as required by section 148D.17. 
 14.5      (17) Engaging in false, fraudulent, deceptive, or 
 14.6   misleading advertising.  
 14.7      Subd. 2.  [EVIDENCE.] In disciplinary actions alleging a 
 14.8   violation of subdivision 1, clause (3) or (4), a copy of the 
 14.9   judgment or proceeding under the seal of the court administrator 
 14.10  or of the administrative agency that entered the same shall be 
 14.11  admissible into evidence without further authentication and 
 14.12  shall constitute prima facie evidence of the violation concerned.
 14.13     Subd. 3.  [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) The 
 14.14  board may take the actions in paragraphs (b) and (c) if it has 
 14.15  probable cause to believe that grounds for disciplinary action 
 14.16  exist under subdivision 1, clause (6) or (7): 
 14.17     (b) It may direct the applicant or therapist to submit to a 
 14.18  psychological or physical examination or chemical dependency 
 14.19  evaluation.  For the purpose of this subdivision, when a 
 14.20  therapist licensed by this chapter is directed in writing by the 
 14.21  board to submit to a psychological or physical examination or 
 14.22  chemical dependency evaluation, that person is considered to 
 14.23  have consented and to have waived all objections to 
 14.24  admissibility on the grounds of privilege.  Failure of the 
 14.25  applicant or therapist to submit to an examination when directed 
 14.26  constitutes an admission of the allegations against the 
 14.27  applicant or therapist, unless the failure was due to 
 14.28  circumstances beyond the person's control, and the board may 
 14.29  enter a default and final order without taking testimony or 
 14.30  allowing evidence to be presented.  A therapist affected under 
 14.31  this paragraph shall, at reasonable intervals, be given an 
 14.32  opportunity to demonstrate that the competent practice of 
 14.33  massage therapy or Oriental bodywork therapy can be resumed with 
 14.34  reasonable skill and safety to clients. 
 14.35     (c) It may, notwithstanding sections 13.42, 144.651, 
 14.36  595.02, or any other law limiting access to medical or other 
 15.1   health data, obtain medical data and health records relating to 
 15.2   a therapist or applicant for a license without that person's 
 15.3   consent.  The medical data may be requested from a provider, as 
 15.4   defined in section 144.335, subdivision 1, paragraph (b), an 
 15.5   insurance company, or a government agency, including the 
 15.6   department of human services.  A provider, insurance company, or 
 15.7   government agency shall comply with any written request of the 
 15.8   board under this paragraph and is not liable in any action for 
 15.9   damages for releasing the data requested by the board if the 
 15.10  data are released pursuant to a written request under this 
 15.11  subdivision unless the information is false and the provider 
 15.12  giving the information knew, or had reason to believe, the 
 15.13  information was false.  Information obtained under this 
 15.14  paragraph is classified as private data on individuals as 
 15.15  defined in section 13.02.  
 15.16     Sec. 14.  [148D.14] [FORMS OF DISCIPLINARY ACTION; 
 15.17  AUTOMATIC SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.] 
 15.18     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
 15.19  board finds that grounds for disciplinary action exist under 
 15.20  section 148D.13, subdivision 1, it may take one or more of the 
 15.21  following actions:  
 15.22     (1) deny the license; 
 15.23     (2) revoke the license; 
 15.24     (3) suspend the license; 
 15.25     (4) impose limitations on the therapist; 
 15.26     (5) impose conditions on the retention of the license; 
 15.27     (6) impose a civil penalty not exceeding $10,000 for each 
 15.28  separate violation, the amount of the civil penalty to be fixed 
 15.29  as to deprive the therapist of any economic advantage gained by 
 15.30  reason of the violation charged, to reimburse the board for the 
 15.31  cost of counsel, investigation, and proceeding, and to 
 15.32  discourage repeated violations; 
 15.33     (7) order the therapist to provide unremunerated service; 
 15.34     (8) reprimand the therapist; or 
 15.35     (9) any other action justified by the facts in the case. 
 15.36     Subd. 2.  [AUTOMATIC SUSPENSION.] Unless the board orders 
 16.1   otherwise, a license to practice massage therapy or Oriental 
 16.2   bodywork therapy is automatically suspended if:  
 16.3      (1) a guardian of a therapist is appointed by order of a 
 16.4   court under sections 525.54 to 525.61; 
 16.5      (2) the therapist is committed by order of a court under 
 16.6   chapter 253B; or 
 16.7      (3) the therapist is determined to be mentally incompetent, 
 16.8   mentally ill, chemically dependent, or a person dangerous to the 
 16.9   public by a court of competent jurisdiction within or without 
 16.10  this state.  
 16.11     The license remains suspended until the therapist is 
 16.12  restored to capacity by a court and, upon petition by the 
 16.13  therapist, the suspension is terminated by the board after a 
 16.14  hearing or upon agreement between the board and the therapist. 
 16.15     Subd. 3.  [TEMPORARY SUSPENSION.] In addition to any other 
 16.16  remedy provided by law, the board may, without a hearing, 
 16.17  temporarily suspend a license for not more than 60 days if the 
 16.18  board finds that the therapist has violated a statute or rule 
 16.19  which the board is empowered to enforce and continued practice 
 16.20  by the person would create an imminent risk of harm to others.  
 16.21  The suspension shall take effect upon written notice to the 
 16.22  therapist, specifying the statute or rule violated.  At the time 
 16.23  it issues the suspension notice, the board shall schedule a 
 16.24  disciplinary hearing to be held pursuant to the Administrative 
 16.25  Procedure Act.  The person shall be provided with at least 20 
 16.26  days' notice of any hearing held pursuant to this subdivision.  
 16.27     Subd. 4.  [REISSUANCE.] The board may reinstate and reissue 
 16.28  a license to practice massage therapy or Oriental bodywork 
 16.29  therapy, but as a condition may impose any disciplinary or 
 16.30  corrective measure that it might originally have imposed.  Any 
 16.31  person whose license has been revoked, suspended, or limited may 
 16.32  have the license reinstated when, in the discretion of the 
 16.33  board, the action is warranted, provided that the person shall 
 16.34  be required by the board to pay the costs of the proceedings 
 16.35  resulting in the revocation, suspension, or limitation of the 
 16.36  license and reinstatement of the license, and to pay the fee for 
 17.1   the current registration period.  The cost of proceedings shall 
 17.2   include, but not be limited to, the cost paid by the board to 
 17.3   the office of administration hearings and the office of the 
 17.4   attorney general for legal and investigative services, the costs 
 17.5   of a court reporter and witnesses, reproduction of records, 
 17.6   board staff time, travel, and expenses, and board members' per 
 17.7   diem reimbursements, travel costs, and expenses.  
 17.8      Sec. 15.  [148D.15] [REPORTING REQUIREMENT.] 
 17.9      Subdivision 1.  [LICENSED PROFESSIONALS.] A person licensed 
 17.10  by a health-related licensing board as defined in section 
 17.11  214.01, subdivision 2, shall report to the board personal 
 17.12  knowledge of any conduct the person reasonably believes 
 17.13  constitutes grounds for disciplinary action under this chapter 
 17.14  by a therapist including conduct indicating that the therapist 
 17.15  may be incompetent, may have engaged in unprofessional or 
 17.16  unethical conduct, or may be psychologically or physically 
 17.17  unable to engage safely in the practice of massage therapy or 
 17.18  Oriental bodywork therapy. 
 17.19     Subd. 2.  [DEADLINES; FORMS.] Reports required by 
 17.20  subdivision 1 must be submitted no later than 30 days after the 
 17.21  occurrence of the reportable event or transaction.  The board 
 17.22  may provide forms for the submission of reports required by this 
 17.23  section, may require that the reports be submitted on the forms 
 17.24  provided, and may adopt rules necessary to assure prompt and 
 17.25  accurate reporting.  The board shall review all reports, 
 17.26  including those submitted after the deadline. 
 17.27     Sec. 16.  [148D.16] [IMMUNITY.] 
 17.28     Subdivision 1.  [REPORTING.] Any person, health care 
 17.29  facility, business, or organization is immune from civil 
 17.30  liability or criminal prosecution for submitting in good faith a 
 17.31  report to the board under section 148D.14 or for otherwise 
 17.32  reporting in good faith to the board violations or alleged 
 17.33  violations of this chapter.  All such reports are investigative 
 17.34  data as defined in chapter 13.  
 17.35     Subd. 2.  [INVESTIGATION.] Members of the board and persons 
 17.36  employed by the board or engaged in the investigation of 
 18.1   violations and in the preparation and management of charges of 
 18.2   violations of this chapter on behalf of the board or persons 
 18.3   participating in the investigation or testifying regarding 
 18.4   charges of violations are immune from civil liability and 
 18.5   criminal prosecution for any actions, transactions, or 
 18.6   publications in the execution of, or relating to, their duties 
 18.7   under this chapter. 
 18.8      Sec. 17.  [148D.17] [THERAPIST COOPERATION.] 
 18.9      A therapist who is the subject of an investigation by or on 
 18.10  behalf of the board shall cooperate fully with the investigation.
 18.11  Cooperation includes responding fully and promptly to any 
 18.12  question raised by or on behalf of the board relating to the 
 18.13  subject of the investigation and providing copies of client or 
 18.14  other records in the therapist's possession, as reasonably 
 18.15  requested by the board, to assist the board in its investigation 
 18.16  and to appear at conferences and hearings scheduled by the 
 18.17  board.  The board shall maintain any records obtained pursuant 
 18.18  to this section as investigative data under chapter 13.  The 
 18.19  therapist shall not be excused from giving testimony or 
 18.20  producing any documents, books, records, or correspondence on 
 18.21  the grounds of self-incrimination, but the testimony or evidence 
 18.22  may not be used against the therapist in any criminal case. 
 18.23     Sec. 18.  [148D.18] [DISCIPLINARY RECORD ON JUDICIAL 
 18.24  REVIEW.] 
 18.25     Upon judicial review of any board disciplinary action taken 
 18.26  under this chapter, the reviewing court shall seal the 
 18.27  administrative record, except for the board's final decision, 
 18.28  and shall not make the administrative record available to the 
 18.29  public. 
 18.30     Sec. 19.  [148D.19] [VIOLATIONS; PENALTY.] 
 18.31     Subdivision 1.  [VIOLATIONS DESCRIBED.] It is unlawful for 
 18.32  any person, corporation, limited liability company, or 
 18.33  association to: 
 18.34     (1) sell or fraudulently obtain or furnish any massage 
 18.35  therapy or Oriental bodywork therapy diploma, license, or 
 18.36  record, or aid or abet any to do so; 
 19.1      (2) practice massage therapy or Oriental bodywork therapy 
 19.2   under cover of any diploma, permit, license, registration 
 19.3   certificate, or record illegally or fraudulently obtained or 
 19.4   signed or issued unlawfully or under fraudulent representation; 
 19.5      (3) practice massage therapy or Oriental bodywork therapy 
 19.6   unless the person is duly licensed to do so; 
 19.7      (4) use any abbreviation or other designation tending to 
 19.8   imply licensure as a massage therapist or Oriental bodywork 
 19.9   therapist unless duly licensed, except as authorized by the 
 19.10  board by rule; 
 19.11     (5) practice massage therapy or Oriental bodywork therapy 
 19.12  in a manner prohibited by the board in any limitation of a 
 19.13  license issued under the provisions of this chapter; 
 19.14     (6) practice massage therapy or Oriental bodywork therapy 
 19.15  during the time a license issued under this chapter is suspended 
 19.16  or revoked; and 
 19.17     (7) knowingly employ persons in the practice of massage 
 19.18  therapy or Oriental bodywork therapy who have not been issued a 
 19.19  current license to practice as a therapist in this state.  
 19.20     Subd. 2.  [PENALTY.] Any person, corporation, limited 
 19.21  liability company, or association violating any provisions of 
 19.22  subdivision 1 is guilty of a gross misdemeanor and shall be 
 19.23  punished according to law. 
 19.24     Sec. 20.  [148D.20] [EDUCATION.] 
 19.25     Subdivision 1.  [MASSAGE THERAPY TRAINING 
 19.26  REQUIREMENTS.] The requirements for massage therapy, unless 
 19.27  raised by the board, are: 
 19.28     (1) a minimum of 100 hours of anatomy, physiology, and 
 19.29  kinesiology; 
 19.30     (2) a minimum of 300 hours of theory, technique, and 
 19.31  supervised clinical or in-class practice-related modalities of 
 19.32  massage therapy with a passing score on a competency-based 
 19.33  examination demonstrating skills and ability in massage therapy 
 19.34  techniques; and 
 19.35     (3) a minimum of 100 hours of related coursework, which 
 19.36  must include, at a minimum, pathology; contraindications; 
 20.1   business practices and professional ethics; and cardiopulmonary 
 20.2   resuscitation, first aid, and infection control education. 
 20.3      Subd. 2.  [ORIENTAL BODYWORK THERAPY TRAINING 
 20.4   REQUIREMENTS.] The requirements for Oriental bodywork therapy, 
 20.5   unless raised by the board, are: 
 20.6      (1) a minimum of 100 hours of anatomy and physiology and 
 20.7   western pathology; 
 20.8      (2) a minimum of 100 hours of Oriental medical theory; 
 20.9      (3) a minimum of 160 hours of technique and 
 20.10  practice-related modalities of Oriental bodywork therapy with a 
 20.11  passing score on a competency-based examination demonstrating 
 20.12  skills and ability in Oriental bodywork therapy techniques; 
 20.13     (4) a minimum of 70 hours of supervised clinical 
 20.14  application; and 
 20.15     (5) a minimum of 70 hours of related coursework, which must 
 20.16  include, at a minimum, business practices and professional 
 20.17  ethics; law considerations; Oriental pathology; 
 20.18  contraindications; and cardiopulmonary resuscitation (CPR), 
 20.19  first aid, and infection control education.  
 20.20     Subd. 3.  [CONTINUING EDUCATION REQUIREMENTS FOR LICENSURE 
 20.21  RENEWAL.] A person licensed under this chapter must complete 12 
 20.22  contact hours of continuing education courses offered by 
 20.23  providers approved by the board.  The courses must have been 
 20.24  completed within the 24 months previous to the date the renewal 
 20.25  is due. 
 20.26     Sec. 21.  [148D.21] [INACTIVE LICENSE.] 
 20.27     (a) A Minnesota licensed massage therapist or Oriental 
 20.28  bodywork therapist may apply to the board for an inactive 
 20.29  license according to paragraphs (b) to (d).  
 20.30     (b) Applicants must complete a board-approved application 
 20.31  which must include a signed affidavit stating that the applicant 
 20.32  will no longer be actively practicing message therapy or 
 20.33  Oriental bodywork therapy in the state of Minnesota. 
 20.34     (c) Upon approval of an application, the board shall modify 
 20.35  the annual license certificate to indicate inactive licensure. 
 20.36     (d) The board may refuse to approve an application if: 
 21.1      (1) a pending or final disciplinary action exists against 
 21.2   an applicant's Minnesota license; 
 21.3      (2) a pending or final disciplinary action exists against 
 21.4   an applicant's license in another state where the applicant has 
 21.5   been licensed to practice massage therapy or Oriental bodywork 
 21.6   therapy; or 
 21.7      (3) the applicant's Minnesota license is not current in 
 21.8   fees and penalties paid, or in continuing education hours 
 21.9   obtained for annual license renewal. 
 21.10     Sec. 22.  [148D.22] [ANNUAL RENEWAL OF INACTIVE LICENSE.] 
 21.11     The annual renewal fee for an inactive license is 75 
 21.12  percent of the current fee imposed by the board for license 
 21.13  renewal. 
 21.14     Sec. 23.  [148D.23] [REINSTATEMENT OF INACTIVE LICENSE.] 
 21.15     An inactive license may be reinstated to a nonrestricted 
 21.16  license according to clauses (1) to (4): 
 21.17     (1) completion of a board-approved application of 
 21.18  reinstatement; 
 21.19     (2) payment of a reinstatement fee as determined by the 
 21.20  board; 
 21.21     (3) submission of a certification of good standing from any 
 21.22  state the applicant was granted a license during inactive status 
 21.23  if applicable; and 
 21.24     (4) submission of a notarized statement from the applicant 
 21.25  stating: 
 21.26     (i) that the applicant has remained in active practice in 
 21.27  another state or country during the period of inactive license 
 21.28  status in Minnesota, if applicable; 
 21.29     (ii) that the applicant has met the continuing education 
 21.30  requirements as approved by Minnesota or the states or countries 
 21.31  in which the applicant practiced massage therapy or Oriental 
 21.32  bodywork therapy, or has taken at least 12 hours of continuing 
 21.33  education each year of inactive license status, whichever is 
 21.34  greater; and 
 21.35     (iii) the specific addresses of where the applicant has 
 21.36  been in active practice. 
 22.1      If any of the requirements of clauses (1) to (4) are not 
 22.2   met by the applicant, the board shall deny approval of the 
 22.3   application for reinstatement. 
 22.4      Sec. 24.  [148D.24] [LICENSE RENEWAL AND FEES.] 
 22.5      Licenses expire and must be renewed one year from the date 
 22.6   on which they were issued.  All persons licensed to practice 
 22.7   massage therapy or Oriental bodywork therapy within this state 
 22.8   shall pay to the board a renewal fee set by the board on or 
 22.9   before the date of expiration of their licenses.  The board 
 22.10  shall set a penalty for each month or portion of a month for 
 22.11  which a license fee is in arrears.  Upon payment of the renewal 
 22.12  and upon compliance with all the rules of the board, the 
 22.13  applicant shall be entitled to renewal of the license.  
 22.14     Sec. 25.  [INITIAL LICENSURE; CERTAIN MASSAGE THERAPISTS.] 
 22.15     For a period of one year beginning on a date determined by 
 22.16  the board, an applicant may qualify for a license if the 
 22.17  applicant does not meet the examination and educational 
 22.18  requirements in Minnesota Statutes, sections 148D.05 and 
 22.19  148D.20, for massage therapy, by providing the following: 
 22.20     (1) verification of 100 classroom hours of supervised 
 22.21  massage therapy instruction, verified by official document or by 
 22.22  affidavit; 
 22.23     (2) verification of having been in practice for five years, 
 22.24  with a minimum of 200 documented client hours per year by 
 22.25  affidavit, and having practiced massage therapy in Minnesota for 
 22.26  at least one year prior to submitting the application; 
 22.27     (3) a notarized affidavit proving that the applicant has 
 22.28  practiced massage therapy in Minnesota for at least one year 
 22.29  prior to submitting the application and that the applicant has 
 22.30  had no convictions of a felony or gross misdemeanor reasonably 
 22.31  related to the practice of massage therapy.  Conviction, as used 
 22.32  in this section, includes a conviction of an offense that if 
 22.33  committed in this state would be considered a felony or gross 
 22.34  misdemeanor without regard to its designation elsewhere, or a 
 22.35  criminal proceeding where a finding or verdict of guilt is made 
 22.36  or returned but the adjudication of guilt is either withheld or 
 23.1   not entered; 
 23.2      (4) evidence of maintaining current professional liability 
 23.3   insurance of at least $1,000,000; and 
 23.4      (5) a statement that the applicant will abide by the code 
 23.5   of ethics in Minnesota Statutes, section 148D.07.  
 23.6      For renewal, the applicant must meet the requirements in 
 23.7   Minnesota Statutes, section 148D.20, subdivision 3.  
 23.8      Sec. 26.  [PROVISIONAL LICENSING FOR MASSAGE THERAPY.] 
 23.9      For a period of one year beginning on a date determined by 
 23.10  the board, an applicant may qualify for a provisional license, 
 23.11  if the applicant does not meet the educational and examination 
 23.12  requirements in this chapter or qualify for licensure, by 
 23.13  providing the following:  
 23.14     (1) verification of a minimum of 150 classroom hours of 
 23.15  supervised instruction with a curriculum that meets the basic 
 23.16  guidelines under Minnesota Statutes, section 148D.20, for 
 23.17  massage therapy; 
 23.18     (2) a notarized affidavit proving that the applicant has 
 23.19  practiced massage therapy in Minnesota for at least one year 
 23.20  prior to submitting the application, and that the applicant has 
 23.21  had no criminal convictions of a felony or gross misdemeanor 
 23.22  reasonably related to the practice of massage therapy.  
 23.23  Conviction as used in this section includes a conviction of an 
 23.24  offense that if committed in this state would be considered a 
 23.25  felony or gross misdemeanor without regard to its designation 
 23.26  elsewhere, or a criminal proceeding where a finding or verdict 
 23.27  of guilt is made or returned but the adjudication of guilt is 
 23.28  either withheld or not entered; 
 23.29     (3) verification that the applicant is 18 years of age or 
 23.30  older and has obtained a high school diploma or the equivalent; 
 23.31  and 
 23.32     (4) evidence of maintaining current professional liability 
 23.33  insurance of at least $1,000,000.  
 23.34     A provisional license remains in effect for one year and is 
 23.35  renewable for two consecutive years, for a total of three 
 23.36  years.  At the end of three years, the holder of a provisional 
 24.1   license, in order to continue to practice, must meet the 
 24.2   requirements listed under Minnesota Statutes, section 148D.03.  
 24.3      For the period ending one year after the effective date of 
 24.4   rules adopted under this chapter, a school need not have offered 
 24.5   a course of study consisting of 500 hours of in-class supervised 
 24.6   instruction in order for its graduates to qualify for a 
 24.7   provisional license. 
 24.8      Sec. 27.  [INITIAL LICENSURE; CERTAIN ORIENTAL BODYWORK 
 24.9   THERAPISTS.] 
 24.10     For a period of one year beginning on a date determined by 
 24.11  the board, an applicant may qualify for a license if the 
 24.12  applicant does not meet the examination and educational 
 24.13  requirements in Minnesota Statutes, sections 148D.06 and 
 24.14  148D.20, for Oriental bodywork therapists, by providing the 
 24.15  following: 
 24.16     (1) verification of 100 classroom hours of supervised 
 24.17  Oriental bodywork therapy instruction, verified by official 
 24.18  document or by affidavit; 
 24.19     (2) verification of having been in practice for five years, 
 24.20  with a minimum of 200 documented client hours per year by 
 24.21  affidavit, and having practiced Oriental bodywork therapy in 
 24.22  Minnesota for at least one year prior to submitting the 
 24.23  application; 
 24.24     (3) a notarized affidavit proving that the applicant has 
 24.25  practiced Oriental bodywork therapy in Minnesota for at least 
 24.26  one year prior to submitting the application and that the 
 24.27  applicant has had no convictions of a felony or gross 
 24.28  misdemeanor reasonably related to the practice of massage or 
 24.29  Oriental bodywork therapy.  Conviction, as used in this section, 
 24.30  includes a conviction of an offense that if committed in this 
 24.31  state would be considered a felony or gross misdemeanor without 
 24.32  regard to its designation elsewhere, or a criminal proceeding 
 24.33  where a finding or verdict of guilt is made or returned but the 
 24.34  adjudication of guilt is either withheld or not entered; 
 24.35     (4) evidence of maintaining current professional liability 
 24.36  insurance of at least $1,000,000; and 
 25.1      (5) a statement that the applicant will abide by the code 
 25.2   of ethics in Minnesota Statutes, section 148D.07. 
 25.3      For renewal, the applicant must meet the requirements in 
 25.4   Minnesota Statutes, section 148D.20, subdivision 3. 
 25.5      Sec. 28.  [PROVISIONAL LICENSING FOR ORIENTAL BODYWORK 
 25.6   THERAPY.] 
 25.7      For a period of one year beginning on a date determined by 
 25.8   the board, an applicant may qualify for a provisional license, 
 25.9   if the applicant does not meet the educational and examination 
 25.10  requirements in this chapter or qualify for licensure, by 
 25.11  providing the following: 
 25.12     (1) verification of a minimum of 150 classroom hours of 
 25.13  supervised instruction with a curriculum that meets the basic 
 25.14  guidelines under Minnesota Statutes, section 148D.20; 
 25.15     (2) a notarized affidavit proving that the applicant has 
 25.16  practiced Oriental bodywork therapy in Minnesota for at least 
 25.17  one year prior to submitting the application, and that the 
 25.18  applicant has had no criminal convictions of a felony or gross 
 25.19  misdemeanor reasonably related to the practice of Oriental 
 25.20  bodywork therapy.  Conviction as used in this section includes a 
 25.21  conviction of an offense that if committed in this state would 
 25.22  be considered a felony or gross misdemeanor without regard to 
 25.23  its designation elsewhere, or a criminal proceeding where a 
 25.24  finding or verdict of guilt is made or returned but the 
 25.25  adjudication of guilt is either withheld or not entered; 
 25.26     (3) verification that the applicant is 18 years of age or 
 25.27  older and has obtained a high school diploma or the equivalent; 
 25.28  and 
 25.29     (4) evidence of maintaining current professional liability 
 25.30  insurance of at least $1,000,000. 
 25.31     A provisional license remains in effect for one year and is 
 25.32  renewable for two consecutive years, for a total of three 
 25.33  years.  At the end of three years, the holder of a provisional 
 25.34  license, in order to continue to practice, must meet the 
 25.35  requirements listed under Minnesota Statutes, section 148D.03. 
 25.36     For the period ending one year after the effective date of 
 26.1   rules adopted under this chapter, a school need not have offered 
 26.2   a course of study consisting of 500 hours of in-class supervised 
 26.3   instruction in order for its graduates to qualify for a 
 26.4   provisional license.  
 26.5      Sec. 29.  [INITIAL ADVISORY COUNCIL.] 
 26.6      The terms of the initial professional members of the 
 26.7   advisory council shall be staggered as follows:  one lay member 
 26.8   and one professional member shall serve one-year terms, and one 
 26.9   lay member and two professional members shall serve two-year 
 26.10  terms.  Thereafter, each new member shall serve a two-year 
 26.11  term.  No member of the council shall serve for more than two 
 26.12  consecutive terms.  The initial members need not be licensed 
 26.13  provided they meet the standards in Minnesota Statutes, section 
 26.14  148D.05. 
 26.15     Sec. 30.  [EFFECTIVE DATE.] 
 26.16     This article is effective July 1, 1997. 
 26.17                             ARTICLE 2 
 26.18                       CONFORMING AMENDMENTS
 26.19     Section 1.  Minnesota Statutes 1996, section 116J.70, 
 26.20  subdivision 2a, is amended to read: 
 26.21     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 26.22  "license" does not include the following:  
 26.23     (1) any occupational license or registration issued by a 
 26.24  licensing board listed in section 214.01 or any occupational 
 26.25  registration issued by the commissioner of health pursuant to 
 26.26  section 214.13; 
 26.27     (2) any license issued by a county, home rule charter city, 
 26.28  statutory city, township, or other political subdivision; 
 26.29     (3) any license required to practice the following 
 26.30  occupation regulated by the following sections:  
 26.31     (a) abstracters regulated pursuant to chapter 386; 
 26.32     (b) accountants regulated pursuant to chapter 326; 
 26.33     (c) adjusters regulated pursuant to chapter 72B; 
 26.34     (d) architects regulated pursuant to chapter 326; 
 26.35     (e) assessors regulated pursuant to chapter 270; 
 26.36     (f) athletic trainers regulated pursuant to chapter 148; 
 27.1      (g) attorneys regulated pursuant to chapter 481; 
 27.2      (h) auctioneers regulated pursuant to chapter 330; 
 27.3      (i) barbers regulated pursuant to chapter 154; 
 27.4      (j) beauticians regulated pursuant to chapter 155A; 
 27.5      (k) boiler operators regulated pursuant to chapter 183; 
 27.6      (l) chiropractors regulated pursuant to chapter 148; 
 27.7      (m) collection agencies regulated pursuant to chapter 332; 
 27.8      (n) cosmetologists regulated pursuant to chapter 155A; 
 27.9      (o) dentists, registered dental assistants, and dental 
 27.10  hygienists regulated pursuant to chapter 150A; 
 27.11     (p) detectives regulated pursuant to chapter 326; 
 27.12     (q) electricians regulated pursuant to chapter 326; 
 27.13     (r) embalmers regulated pursuant to chapter 149; 
 27.14     (s) engineers regulated pursuant to chapter 326; 
 27.15     (t) insurance brokers and salespersons regulated pursuant 
 27.16  to chapter 60A; 
 27.17     (u) certified interior designers regulated pursuant to 
 27.18  chapter 326; 
 27.19     (v) midwives regulated pursuant to chapter 148; 
 27.20     (w) morticians regulated pursuant to chapter 149; 
 27.21     (x) nursing home administrators regulated pursuant to 
 27.22  chapter 144A; 
 27.23     (y) optometrists regulated pursuant to chapter 148; 
 27.24     (z) massage therapists and Oriental bodywork therapists 
 27.25  regulated pursuant to chapter 148D; 
 27.26     (aa) osteopathic physicians regulated pursuant to chapter 
 27.27  147; 
 27.28     (aa) (bb) pharmacists regulated pursuant to chapter 151; 
 27.29     (bb) (cc) physical therapists regulated pursuant to chapter 
 27.30  148; 
 27.31     (cc) (dd) physician assistants regulated pursuant to 
 27.32  chapter 147A; 
 27.33     (dd) (ee) physicians and surgeons regulated pursuant to 
 27.34  chapter 147; 
 27.35     (ee) (ff) plumbers regulated pursuant to chapter 326; 
 27.36     (ff) (gg) podiatrists regulated pursuant to chapter 153; 
 28.1      (gg) (hh) practical nurses regulated pursuant to chapter 
 28.2   148; 
 28.3      (hh) (ii) professional fund raisers regulated pursuant to 
 28.4   chapter 309; 
 28.5      (ii) (jj) psychologists regulated pursuant to chapter 148; 
 28.6      (jj) (kk) real estate brokers, salespersons, and others 
 28.7   regulated pursuant to chapters 82 and 83; 
 28.8      (kk) (ll) registered nurses regulated pursuant to chapter 
 28.9   148; 
 28.10     (ll) (mm) securities brokers, dealers, agents, and 
 28.11  investment advisers regulated pursuant to chapter 80A; 
 28.12     (mm) (nn) steamfitters regulated pursuant to chapter 326; 
 28.13     (nn) (oo) teachers and supervisory and support personnel 
 28.14  regulated pursuant to chapter 125; 
 28.15     (oo) (pp) veterinarians regulated pursuant to chapter 156; 
 28.16     (pp) (qq) water conditioning contractors and installers 
 28.17  regulated pursuant to chapter 326; 
 28.18     (qq) (rr) water well contractors regulated pursuant to 
 28.19  chapter 103I; 
 28.20     (rr) (ss) water and waste treatment operators regulated 
 28.21  pursuant to chapter 115; 
 28.22     (ss) (tt) motor carriers regulated pursuant to chapter 221; 
 28.23     (tt) (uu) professional corporations regulated pursuant to 
 28.24  chapter 319A; 
 28.25     (uu) (vv) real estate appraisers regulated pursuant to 
 28.26  chapter 82B; 
 28.27     (vv) (ww) residential building contractors, residential 
 28.28  remodelers, residential roofers, manufactured home installers, 
 28.29  and specialty contractors regulated pursuant to chapter 326; 
 28.30     (4) any driver's license required pursuant to chapter 171; 
 28.31     (5) any aircraft license required pursuant to chapter 360; 
 28.32     (6) any watercraft license required pursuant to chapter 
 28.33  86B; 
 28.34     (7) any license, permit, registration, certification, or 
 28.35  other approval pertaining to a regulatory or management program 
 28.36  related to the protection, conservation, or use of or 
 29.1   interference with the resources of land, air, or water, which is 
 29.2   required to be obtained from a state agency or instrumentality; 
 29.3   and 
 29.4      (8) any pollution control rule or standard established by 
 29.5   the pollution control agency or any health rule or standard 
 29.6   established by the commissioner of health or any licensing rule 
 29.7   or standard established by the commissioner of human services. 
 29.8      Sec. 2.  Minnesota Statutes 1996, section 144.335, 
 29.9   subdivision 1, is amended to read: 
 29.10     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 29.11  section, the following terms have the meanings given them: 
 29.12     (a) "Patient" means a natural person who has received 
 29.13  health care services from a provider for treatment or 
 29.14  examination of a medical, psychiatric, or mental condition, the 
 29.15  surviving spouse and parents of a deceased patient, or a person 
 29.16  the patient designates in writing as a representative.  Patient 
 29.17  includes a client under chapter 148D.  Except for minors who 
 29.18  have received health care services pursuant to sections 144.341 
 29.19  to 144.347, in the case of a minor, patient includes a parent or 
 29.20  guardian, or a person acting as a parent or guardian in the 
 29.21  absence of a parent or guardian. 
 29.22     (b) "Provider" means (1) any person who furnishes health 
 29.23  care services and is licensed to furnish the services pursuant 
 29.24  to chapter 147, 148, 148B, 148D, 150A, 151, or 153; (2) a home 
 29.25  care provider licensed under section 144A.46; (3) a health care 
 29.26  facility licensed pursuant to this chapter or chapter 144A; (4) 
 29.27  a physician assistant registered under chapter 147A; and (5) an 
 29.28  unlicensed mental health practitioner regulated pursuant to 
 29.29  sections 148B.60 to 148B.71. 
 29.30     (c) "Individually identifiable form" means a form in which 
 29.31  the patient is or can be identified as the subject of the health 
 29.32  records. 
 29.33     Sec. 3.  Minnesota Statutes 1996, section 148B.60, 
 29.34  subdivision 3, is amended to read: 
 29.35     Subd. 3.  [UNLICENSED MENTAL HEALTH PRACTITIONER OR 
 29.36  PRACTITIONER.] "Unlicensed mental health practitioner" or 
 30.1   "practitioner" means a person who provides or purports to 
 30.2   provide, for remuneration, mental health services as defined in 
 30.3   subdivision 4.  It does not include persons licensed by the 
 30.4   board of medical practice under chapter 147 or registered by the 
 30.5   board of medical practice under chapter 147A; the board of 
 30.6   nursing under sections 148.171 to 148.285 or chapter 148D; the 
 30.7   board of psychology under sections 148.88 to 148.98; the board 
 30.8   of social work under sections 148B.18 to 148B.28; the board of 
 30.9   marriage and family therapy under sections 148B.29 to 148B.39; 
 30.10  or another licensing board if the person is practicing within 
 30.11  the scope of the license; or members of the clergy who are 
 30.12  providing pastoral services in the context of performing and 
 30.13  fulfilling the salaried duties and obligations required of a 
 30.14  member of the clergy by a religious congregation.  For the 
 30.15  purposes of complaint investigation or disciplinary action 
 30.16  relating to an individual practitioner, the term includes:  
 30.17     (1) persons employed by a program licensed by the 
 30.18  commissioner of human services who are acting as mental health 
 30.19  practitioners within the scope of their employment; 
 30.20     (2) persons employed by a program licensed by the 
 30.21  commissioner of human services who are providing chemical 
 30.22  dependency counseling services; persons who are providing 
 30.23  chemical dependency counseling services in private practice; and 
 30.24     (3) clergy who are providing mental health services that 
 30.25  are equivalent to those defined in subdivision 4. 
 30.26     Sec. 4.  Minnesota Statutes 1996, section 214.23, 
 30.27  subdivision 1, is amended to read: 
 30.28     Subdivision 1.  [COMMISSIONER OF HEALTH.] The board shall 
 30.29  enter into a contract with the commissioner to perform the 
 30.30  functions in subdivisions 2 and 3.  The contract shall provide 
 30.31  that: 
 30.32     (1) unless requested to do otherwise by a regulated person, 
 30.33  a board shall refer all regulated persons infected with HIV or 
 30.34  HBV to the commissioner; 
 30.35     (2) the commissioner may choose to refer any regulated 
 30.36  person who is infected with HIV or HBV as well as all 
 31.1   information related thereto to the person's board at any time 
 31.2   for any reason, including but not limited to:  the degree of 
 31.3   cooperation and compliance by the regulated person; the 
 31.4   inability to secure information or the medical records of the 
 31.5   regulated person; or when the facts may present other possible 
 31.6   violations of the regulated persons practices act.  Upon request 
 31.7   of the regulated person who is infected with HIV or HBV the 
 31.8   commissioner shall refer the regulated person and all 
 31.9   information related thereto to the person's board.  Once the 
 31.10  commissioner has referred a regulated person to a board, the 
 31.11  board may not thereafter submit it to the commissioner to 
 31.12  establish a monitoring plan unless the commissioner of health 
 31.13  consents in writing; 
 31.14     (3) a board shall not take action on grounds relating 
 31.15  solely to the HIV or HBV status of a regulated person until 
 31.16  after referral by the commissioner; and 
 31.17     (4) notwithstanding sections 13.39 and 13.41 and chapters 
 31.18  147, 147A, 148, 148D, 150A, 153, and 214, a board shall forward 
 31.19  to the commissioner any information on a regulated person who is 
 31.20  infected with HIV or HBV that the department of health requests. 
 31.21     Sec. 5.  Minnesota Statutes 1996, section 604A.01, 
 31.22  subdivision 2, is amended to read: 
 31.23     Subd. 2.  [GENERAL IMMUNITY FROM LIABILITY.] (a) A person 
 31.24  who, without compensation or the expectation of compensation, 
 31.25  renders emergency care, advice, or assistance at the scene of an 
 31.26  emergency or during transit to a location where professional 
 31.27  medical care can be rendered, is not liable for any civil 
 31.28  damages as a result of acts or omissions by that person in 
 31.29  rendering the emergency care, advice, or assistance, unless the 
 31.30  person acts in a willful and wanton or reckless manner in 
 31.31  providing the care, advice, or assistance.  This subdivision 
 31.32  does not apply to a person rendering emergency care, advice, or 
 31.33  assistance during the course of regular employment, and 
 31.34  receiving compensation or expecting to receive compensation for 
 31.35  rendering the care, advice, or assistance. 
 31.36     (b) For the purposes of this section, the scene of an 
 32.1   emergency is an area outside the confines of a hospital or other 
 32.2   institution that has hospital facilities, or an office of a 
 32.3   person licensed to practice one or more of the healing arts 
 32.4   under chapter 147, 147A, 148, 148D, 150A, or 153.  The scene of 
 32.5   an emergency includes areas threatened by or exposed to 
 32.6   spillage, seepage, fire, explosion, or other release of 
 32.7   hazardous materials, and includes ski areas and trails.  
 32.8      (c) For the purposes of this section, "person" includes a 
 32.9   public or private nonprofit volunteer firefighter, volunteer 
 32.10  police officer, volunteer ambulance attendant, volunteer first 
 32.11  provider of emergency medical services, volunteer ski patroller, 
 32.12  and any partnership, corporation, association, or other entity.  
 32.13     (d) For the purposes of this section, "compensation" does 
 32.14  not include payments, reimbursement for expenses, or pension 
 32.15  benefits paid to members of volunteer organizations. 
 32.16     Sec. 6.  [EFFECTIVE DATE.] 
 32.17     This article is effective July 1, 1997.