as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health professions; establishing a 1.3 registration system for massage therapists and 1.4 Oriental bodywork therapists; authorizing rulemaking; 1.5 providing criminal penalties; amending Minnesota 1.6 Statutes 2000, sections 13.411, by adding a 1.7 subdivision; 116J.70, subdivision 2a; 144.335, 1.8 subdivision 1; 214.23, subdivision 1; and 604A.01, 1.9 subdivision 2; proposing coding for new law as 1.10 Minnesota Statutes, chapter 148D. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 ARTICLE 1 1.13 MASSAGE THERAPISTS AND ORIENTAL BODYWORK THERAPISTS 1.14 Section 1. [148D.01] [DEFINITIONS.] 1.15 Subdivision 1. [SCOPE.] The terms defined in this section 1.16 apply to this chapter. 1.17 Subd. 2. [BOARD.] "Board" means the state board of 1.18 chiropractic examiners. 1.19 Subd. 3. [CUPPING.] "Cupping" means a therapy in which a 1.20 jar-shaped instrument is attached to the skin and negative 1.21 pressure is created by using suction. 1.22 Subd. 4. [MASSAGE THERAPIST.] "Massage therapist" means a 1.23 health care provider who practices massage therapy. 1.24 Subd. 5. [MASSAGE THERAPY.] "Massage therapy" means a 1.25 health care profession that involves the application of a system 1.26 of structured touch, pressure, movement, and holding to the soft 1.27 tissues of the human body in which the primary intent is to 1.28 enhance or restore the health and well-being of the client. 2.1 Massage therapy includes methods or techniques such as 2.2 effleurage, petrissage, tapotement, compression, vibration, or 2.3 friction applied manually or by mechanical device that mimics or 2.4 enhances the actions of the hands, and the application of oils, 2.5 lotions, or similar preparations. Massage therapy is 2.6 administered for the purposes of maintaining, restoring, and 2.7 enhancing health; relaxing musculature; increasing range of 2.8 motion; reducing stress; relieving pain; and improving 2.9 circulation or lymphatic flow, or both. It does not include any 2.10 form of diagnosis, nor does it attempt to adjust or manipulate 2.11 any articulations of the body or spine as described in section 2.12 146.23 or 148.01, nor to mobilize articulations of the body or 2.13 spine by means of a thrusting force. 2.14 Subd. 6. [MOXIBUSTION.] "Moxibustion" means the 2.15 application of heat to acupuncture points or other areas of the 2.16 body by the use of the herb commonly known as moxa. To treat a 2.17 specific point, the herb is generally powdered, rolled into a 2.18 small cone, and lit. 2.19 Subd. 7. [MUNICIPALITY.] "Municipality" means a county, 2.20 town, home rule charter or statutory city, or other municipal 2.21 corporation or political subdivision of the state. 2.22 Subd. 8. [ORIENTAL BODYWORK THERAPIST.] "Oriental bodywork 2.23 therapist" means a health care provider who practices Oriental 2.24 bodywork therapy. 2.25 Subd. 9. [ORIENTAL BODYWORK THERAPY.] "Oriental bodywork 2.26 therapy" means a health care profession that uses Oriental 2.27 medical theory and principles and Oriental massage methods or 2.28 techniques including pressure; kneading; vibration; tapping; 2.29 placement of the hands on the body to affect the energy field of 2.30 the body; the topical application of herbal preparations, oils, 2.31 liniments, magnets, cupping, moxibustion, or other devices; and 2.32 the application of heat or cold. Oriental bodywork therapy is 2.33 administered for the purposes of maintaining, restoring, and 2.34 enhancing health; relaxing musculature; increasing range of 2.35 motion; reducing stress; relieving pain; and improving 2.36 circulation or lymphatic flow, or both. It does not include any 3.1 form of diagnosis, nor does it attempt to adjust or manipulate 3.2 any articulations of the body or spine as described in section 3.3 146.23 or 148.01, nor to mobilize articulations of the body or 3.4 spine by means of a thrusting force. 3.5 Subd. 10. [ORIENTAL MEDICINE.] "Oriental medicine" means a 3.6 system of healing arts that perceives the circulation and 3.7 balance of energy in the body as being fundamental to the 3.8 well-being of the individual. Oriental medicine implements this 3.9 theory through specialized methods of analyzing the energy 3.10 status of the body and treating the body with Oriental bodywork 3.11 therapy and other related modalities for the purposes of 3.12 strengthening the body, improving energy balance, maintaining or 3.13 restoring health, improving physiological function, and reducing 3.14 pain. 3.15 Sec. 2. [148D.02] [APPLICATION OF CHAPTER.] 3.16 This chapter applies only to individuals who are applicants 3.17 for state registration, who are state registered, who represent 3.18 that they are state registered, or who use protected titles. 3.19 This chapter does not require state registration by somatic 3.20 practitioners, touch therapists, or individuals who practice 3.21 massage therapy or Oriental bodywork therapy. 3.22 Sec. 3. [148D.03] [DUTIES OF THE STATE BOARD OF 3.23 CHIROPRACTIC EXAMINERS.] 3.24 The board, in consultation with the advisory council 3.25 established under section 148D.11, shall: 3.26 (1) determine necessary forms; 3.27 (2) issue registrations to qualified applicants; 3.28 (3) keep a complete record of registered massage therapists 3.29 and Oriental bodywork therapists, maintain a current official 3.30 listing of the names and addresses of registered massage 3.31 therapists and Oriental bodywork therapists, and make a copy of 3.32 the listing available upon request to any member of the public 3.33 upon payment of a copying fee; and 3.34 (4) employ appropriate personnel and establish their duties. 3.35 Sec. 4. [148D.04] [REGISTRATION.] 3.36 Subdivision 1. [ESTABLISHMENT.] The board shall establish 4.1 a registration system for massage therapists and Oriental 4.2 bodywork therapists who apply for registration. The board shall 4.3 issue a registration to an individual applying for massage 4.4 therapy registration who meets the qualifications in section 4.5 148D.06 or 148D.08, or to an individual applying for Oriental 4.6 bodywork therapy registration who meets the qualifications in 4.7 section 148D.07 or 148D.08. 4.8 Subd. 2. [REGISTRATION PROCEDURES.] To apply for 4.9 registration, an applicant must: 4.10 (1) submit an application for registration at a time and in 4.11 a form established by the board; and 4.12 (2) submit all fees required by the board. 4.13 Subd. 3. [ADVERTISING.] A state registered therapist's 4.14 registration number must appear in all advertisements by the 4.15 therapist. 4.16 Sec. 5. [148D.05] [TITLE PROTECTION.] 4.17 Subdivision 1. [PROTECTED TITLES.] No individual may use 4.18 or advertise in a public or private communication any title 4.19 protected in this chapter unless the individual is registered 4.20 under this chapter. Protected titles are registered massage 4.21 therapist (RMT), state registered massage therapist (SRMT), 4.22 registered Oriental bodywork therapist (ROBT), state registered 4.23 Oriental bodywork therapist (SROBT), or any other derivation or 4.24 abbreviation of terms that indicate or imply registration by the 4.25 state of Minnesota as a massage therapist or Oriental bodywork 4.26 therapist. 4.27 Subd. 2. [TITLES NOT PROTECTED.] A practitioner of massage 4.28 therapy or Oriental bodywork therapy, including individuals who 4.29 are not registered under this chapter, may use any title not 4.30 protected by this chapter that implies or indicates a massage 4.31 therapy or Oriental bodywork therapy technique, method, or 4.32 practitioner, including, but not limited to, the title massage 4.33 therapist or Oriental bodywork therapist. 4.34 Subd. 3. [CERTIFICATES FROM OTHER ORGANIZATIONS.] Massage 4.35 therapists or Oriental bodywork therapists who have received 4.36 certificates from organizations, associations, or educational 5.1 corporations are not prohibited from using the term "certified" 5.2 in any form of advertising when referring to those trainings, 5.3 provided that the originating body for the certification is 5.4 stated clearly in the advertisement. 5.5 Sec. 6. [148D.06] [QUALIFICATIONS FOR REGISTRATION; 5.6 MASSAGE THERAPY.] 5.7 Except as provided in section 148D.08, an applicant for 5.8 state registration for massage therapy must meet all of the 5.9 following requirements: 5.10 (1) be 18 years of age or older; 5.11 (2) have obtained a high school diploma or the equivalent; 5.12 (3) show evidence of maintaining current professional 5.13 liability insurance; 5.14 (4) have achieved a passing score on the National 5.15 Certification Examination for Therapeutic Massage and Bodywork 5.16 or a board-approved, psychometrically formulated examination; 5.17 (5) have done one of the following: (i) successfully 5.18 completed a course of study consisting of 500 or more classroom 5.19 hours of supervised instruction from a recognized school with a 5.20 curriculum that meets the basic guidelines under section 148D.18 5.21 for massage therapy; or (ii) qualified for the National 5.22 Certification Examination for Therapeutic Massage and Bodywork 5.23 by the portfolio review process or the current equivalent; and 5.24 (6) have achieved a passing score on an examination of 5.25 relevant state laws, if an examination is prescribed by the 5.26 board. 5.27 Sec. 7. [148D.07] [QUALIFICATIONS FOR REGISTRATION; 5.28 ORIENTAL BODYWORK THERAPY.] 5.29 Except as provided in section 148D.08, an applicant for 5.30 state registration for Oriental bodywork therapy must meet all 5.31 of the following requirements: 5.32 (1) be 18 years of age or older; 5.33 (2) have obtained a high school diploma or the equivalent; 5.34 (3) show evidence of maintaining current professional 5.35 liability insurance; 5.36 (4) have achieved a passing score on the Comprehensive 6.1 Written Examination in Oriental Bodywork Therapy administered by 6.2 the National Commission for the Certification of Acupuncture and 6.3 Oriental Medicine, the National Certification Examination for 6.4 Therapeutic Massage and Bodywork, or a board-approved, 6.5 psychometrically formulated examination; 6.6 (5) have done one of the following: (i) successfully 6.7 completed a course of study consisting of 500 or more classroom 6.8 hours of supervised instruction from a recognized school with a 6.9 curriculum that meets the basic guidelines under section 148D.18 6.10 for Oriental bodywork therapy; (ii) qualified for the 6.11 Comprehensive Written Examination in Oriental Bodywork Therapy 6.12 by the portfolio review process or the current equivalent; or 6.13 (iii) qualified for the National Certification Examination for 6.14 Therapeutic Massage and Bodywork with training hours that 6.15 include 260 or more classroom hours of Oriental bodywork therapy 6.16 and applications; and 6.17 (6) have achieved a passing score on an examination of 6.18 relevant state laws, if an examination is prescribed by the 6.19 board. 6.20 Sec. 8. [148D.08] [INDIVIDUALS FROM OTHER JURISDICTIONS.] 6.21 Subdivision 1. [REGISTRATION BY RECIPROCITY.] Applications 6.22 from individuals from another United States jurisdiction or 6.23 another country seeking state registration for massage therapy 6.24 or Oriental bodywork therapy in this state must be considered 6.25 individually. In order for a license, registration, or 6.26 certification from another jurisdiction to be recognized for 6.27 registration in this state, the home regulating jurisdiction of 6.28 the applicant must have requirements substantially equal to or 6.29 exceeding those of this state. In applying for registration 6.30 under this section, applicants must provide the following: 6.31 (1) an official document from the jurisdiction's regulatory 6.32 authority verifying the status of the applicant's license, 6.33 registration, or certification, including date of issuance, date 6.34 of expiration, and information regarding any disciplinary 6.35 action; 6.36 (2) a statement from the jurisdiction's regulatory 7.1 authority outlining the regulatory requirements of that 7.2 jurisdiction; and 7.3 (3) proof of a passing score on the National Certification 7.4 Examination for Therapeutic Massage and Bodywork, the 7.5 Comprehensive Written Examination in Oriental Bodywork Therapy, 7.6 or a board-approved, psychometrically formulated examination. 7.7 Subd. 2. [VISITING INSTRUCTORS.] A visiting massage 7.8 therapy or Oriental bodywork therapy instructor from another 7.9 United States jurisdiction or another country who wishes to 7.10 teach massage therapy or Oriental bodywork therapy in this state 7.11 is not required to be registered in this state. 7.12 Sec. 9. [148D.09] [RULEMAKING.] 7.13 The board shall adopt rules: 7.14 (1) to establish health and sanitation standards for the 7.15 practice of massage therapy and Oriental bodywork therapy; 7.16 (2) to adopt a code of ethics and a client bill of rights; 7.17 (3) to establish continuing education requirements; 7.18 (4) to establish procedures for registration and 7.19 registration renewal; and 7.20 (5) that the board finds necessary to administer this 7.21 chapter to protect the public health, safety, and welfare. 7.22 Sec. 10. [148D.10] [MUNICIPAL REGULATION.] 7.23 Subdivision 1. [PREEMPTION.] A municipality may not 7.24 require an individual who is state-registered under this chapter 7.25 and who performs massage therapy or Oriental bodywork therapy 7.26 within its jurisdiction to also hold a professional massage 7.27 therapy or Oriental bodywork therapy license issued by the 7.28 municipality. Nothing in this chapter preempts or supersedes 7.29 any municipal ordinance relating to land use, building and 7.30 construction requirements, nuisance control, the licensing of 7.31 commercial enterprises in general, or the professional licensing 7.32 of individuals who are not state-registered under this chapter 7.33 but who perform massage therapy or Oriental bodywork therapy. 7.34 Subd. 2. [MUNICIPAL DISCRETION.] A municipality may, by 7.35 ordinance, require all persons performing massage therapy or 7.36 Oriental bodywork therapy within its jurisdiction to hold a 8.1 current state registration under this chapter. 8.2 Sec. 11. [148D.11] [ADVISORY COUNCIL.] 8.3 (a) The advisory council for massage therapy and Oriental 8.4 bodywork therapy consists of seven members appointed by the 8.5 board to carry out the provisions of this section. 8.6 (b) The advisory council shall consist of: 8.7 (1) three state registered professional members 8.8 representing massage therapy; 8.9 (2) two state registered professional members representing 8.10 Oriental bodywork therapy; and 8.11 (3) two public members, as defined in section 214.02. 8.12 (c) The advisory council shall: 8.13 (1) advise the board on adoption of rules and the 8.14 enforcement of rules and statutes; 8.15 (2) advise the board on rules for applications for 8.16 registration and for renewal; 8.17 (3) review applications for registration and for renewal, 8.18 and make recommendations to the board; 8.19 (4) in accordance with chapter 214, review complaints, 8.20 including all related investigatory materials, against state 8.21 registered massage therapists or Oriental bodywork therapists, 8.22 and following such review, forward the complaints and all 8.23 related investigatory materials to the board and advise the 8.24 board on appropriate disposition of the complaints; 8.25 (5) propose a biennial budget to the board; 8.26 (6) propose recommendations for continuing education to the 8.27 board; and 8.28 (7) perform other duties authorized for advisory councils 8.29 under chapter 214, as directed by the board. 8.30 (d) The advisory council shall be organized and 8.31 administered under section 15.059, except that appointments to 8.32 the initial advisory council shall be governed by section 22. 8.33 Sec. 12. [148D.12] [GROUNDS FOR DISCIPLINARY ACTION; 8.34 DATA.] 8.35 Subdivision 1. [GROUNDS LISTED.] (a) The board may refuse 8.36 to grant, revoke, suspend, limit, or condition the registration 9.1 of a therapist registered under this chapter, or otherwise 9.2 discipline a state registered therapist or applicant as 9.3 described in section 148D.13. Actions in paragraphs (b) to (o) 9.4 are grounds for disciplinary action. 9.5 (b) Employing fraud or deceit in procuring or attempting to 9.6 procure a state registration for massage therapy or Oriental 9.7 bodywork therapy or attempting to subvert the registration 9.8 examination process. 9.9 (c) Conviction of a felony, gross misdemeanor, or 9.10 misdemeanor reasonably related to the practice of massage 9.11 therapy or Oriental bodywork therapy. Conviction as used in 9.12 this paragraph includes a conviction of an offense that, if 9.13 committed in this state, would be considered a felony, gross 9.14 misdemeanor, or misdemeanor without regard to its designation 9.15 elsewhere, or a criminal proceeding where a finding or verdict 9.16 of guilt is made or returned but the adjudication of guilt is 9.17 either withheld or not entered. 9.18 (d) Revocation, suspension, limitation, conditioning, or 9.19 other disciplinary action taken against the person's massage 9.20 therapy or Oriental bodywork therapy license, registration, or 9.21 certification in another state, territory, or country; failure 9.22 to report to the board that charges regarding the person's 9.23 license, registration, or certification are pending in another 9.24 state, territory, or country; or having been refused a license, 9.25 registration, or certification by another state, territory, or 9.26 country. 9.27 (e) Engaging in unprofessional conduct, including, but not 9.28 limited to, a departure from or failure to comply with statutes 9.29 or board rules for massage therapy or Oriental bodywork therapy, 9.30 or, if no rule exists, to the minimal standards of acceptable 9.31 and prevailing massage therapy or Oriental bodywork therapy; or 9.32 any massage therapy or Oriental bodywork therapy practice that 9.33 may create unnecessary danger to a client's life, health, or 9.34 safety. Actual injury to a client need not be established under 9.35 this clause. 9.36 (f) Actual or potential inability to practice massage 10.1 therapy or Oriental bodywork therapy with reasonable skill and 10.2 safety to clients by reason of illness; use of alcohol, drugs, 10.3 chemicals, or any other material; or as a result of any mental 10.4 or physical impairment or condition. 10.5 (g) Engaging in any unethical conduct, including, but not 10.6 limited to, conduct likely to deceive, defraud, or harm the 10.7 public, or demonstrating a willful or careless disregard for the 10.8 health, welfare, or safety of a client. Actual injury to a 10.9 client or to the public need not be established under this 10.10 paragraph. 10.11 (h) Engaging in conduct with a client that is sexual or may 10.12 reasonably be interpreted by the client as sexual, or in any 10.13 verbal behavior that is seductive or sexually demeaning to a 10.14 client, or engaging in sexual exploitation of a client or former 10.15 client. 10.16 (i) Obtaining money, property, or services from a client, 10.17 other than reasonable fees for services provided to the client, 10.18 through the use of undue influence, harassment, duress, 10.19 deception, or fraud, or any other act that exploits the client 10.20 for financial gain. 10.21 (j) Revealing a privileged communication from or relating 10.22 to a client except when otherwise required or permitted by law. 10.23 (k) Engaging in abusive or fraudulent billing practices, 10.24 including violations of federal Medicare and Medicaid laws or 10.25 state medical assistance laws. 10.26 (l) Improper management of client records, including 10.27 failure to maintain adequate client records, to comply with a 10.28 client's request made pursuant to section 144.335, or to furnish 10.29 a client record or report required by law. 10.30 (m) Violating a rule adopted by the board, an order of the 10.31 board, or a state or federal law relating to the practice of 10.32 massage therapy or Oriental bodywork therapy, or a state or 10.33 federal narcotics or controlled substance law. 10.34 (n) Making a false statement or knowingly providing false 10.35 information to the board or the advisory council, failing to 10.36 make reports as required by section 148D.14, or failing to 11.1 cooperate with an investigation of the board as required by 11.2 section 148D.16. 11.3 (o) Engaging in false, fraudulent, deceptive, or misleading 11.4 advertising. 11.5 Subd. 2. [EVIDENCE.] In disciplinary actions alleging a 11.6 ground for disciplinary action established in subdivision 1, 11.7 paragraph (c) or (d), a copy of the judgment or proceeding under 11.8 the seal of the court administrator or the administrative agency 11.9 that entered the same shall be admissible into evidence without 11.10 further authentication and shall constitute prima facie evidence 11.11 of the violation concerned. 11.12 Subd. 3. [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) The 11.13 board may take the actions in paragraphs (b) and (c) if it has 11.14 probable cause to believe that grounds for disciplinary action 11.15 exist under subdivision 1, paragraph (f). 11.16 (b) The board may direct the applicant or therapist to 11.17 submit to a mental or physical examination or chemical 11.18 dependency evaluation. For the purpose of this subdivision, 11.19 when a therapist registered by this chapter is directed in 11.20 writing by the board to submit to a mental or physical 11.21 examination or chemical dependency evaluation, that individual 11.22 is considered to have consented and to have waived all 11.23 objections to admissibility on the grounds of privilege. 11.24 Failure of the applicant or therapist to submit to an 11.25 examination when directed constitutes an admission of the 11.26 allegations against the applicant or therapist, unless the 11.27 failure was due to circumstances beyond the individual's 11.28 control, and the board may enter a default and final order 11.29 without taking testimony or allowing evidence to be presented. 11.30 A therapist affected under this paragraph shall, at reasonable 11.31 intervals, be given an opportunity to demonstrate that the 11.32 competent practice of massage therapy or Oriental bodywork 11.33 therapy can be resumed with reasonable skill and safety to 11.34 clients. 11.35 (c) Notwithstanding section 13.384, 144.651, 595.02, or any 11.36 other law limiting access to medical or other health data, the 12.1 board may obtain medical data and health records relating to a 12.2 therapist or applicant for registration without that 12.3 individual's consent. The medical data may be requested from a 12.4 provider, as defined in section 144.335, subdivision 1, 12.5 paragraph (b), an insurance company, or a government entity, 12.6 including the department of human services. A provider, 12.7 insurance company, or government entity shall comply with any 12.8 written request of the board under this paragraph. A provider, 12.9 insurance company, or government entity is not liable in any 12.10 action for damages for releasing the data requested by the board 12.11 if the data are released pursuant to a written request under 12.12 this subdivision, unless the information is false and the person 12.13 providing the information knew, or had reason to believe, the 12.14 information was false. Information obtained under this 12.15 paragraph is private data on individuals as defined in section 12.16 13.02. 12.17 Subd. 4. [DATA.] Data of the board under this chapter are 12.18 governed by section 13.41. 12.19 Sec. 13. [148D.13] [FORMS OF DISCIPLINARY ACTION; 12.20 AUTOMATIC SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.] 12.21 Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the 12.22 board finds that grounds for disciplinary action exist under 12.23 section 148D.12, subdivision 1, it may take one or more of the 12.24 following actions: 12.25 (1) deny the state registration; 12.26 (2) revoke the state registration; 12.27 (3) suspend the state registration; 12.28 (4) impose limitations on the state-registered therapist; 12.29 (5) impose conditions on the retention of the state 12.30 registration; 12.31 (6) order the state-registered therapist to provide 12.32 unremunerated services; 12.33 (7) reprimand the state-registered therapist; 12.34 (8) impose a civil penalty not exceeding $10,000 for each 12.35 separate violation, the amount of the civil penalty to be fixed 12.36 so as to deprive the state-registered therapist of any economic 13.1 advantage gained by the violation or to reimburse the board for 13.2 all costs related to the receipt, review, investigation, 13.3 adjudication, or other disposition of the complaint; or 13.4 (9) any other action justified by the facts in the case. 13.5 Subd. 2. [AUTOMATIC SUSPENSION.] A state registration for 13.6 massage therapy or Oriental bodywork therapy is automatically 13.7 suspended if: 13.8 (1) a guardian of a therapist is appointed by order of a 13.9 court under sections 525.54 to 525.6199; 13.10 (2) the therapist is committed by order of a court under 13.11 chapter 253B; or 13.12 (3) the therapist is determined to be mentally incompetent, 13.13 mentally ill, chemically dependent, or a person dangerous to the 13.14 public by a court of competent jurisdiction within or outside 13.15 this state. 13.16 The registration remains suspended until the therapist is 13.17 restored to capacity by a court and, upon petition by the 13.18 therapist, the suspension is terminated by the board after a 13.19 hearing or upon agreement between the board and the therapist. 13.20 Subd. 3. [TEMPORARY SUSPENSION.] In addition to any other 13.21 remedy provided by law, the board may, without a hearing, 13.22 temporarily suspend the state registration of a massage 13.23 therapist or Oriental bodywork therapist for not more than 60 13.24 days if the board finds that the therapist has violated a 13.25 statute or rule which the board is empowered to enforce and if 13.26 continued practice by the therapist would create a serious risk 13.27 of harm to the public. The suspension shall take effect upon 13.28 written notice to the therapist specifying the statute or rule 13.29 violated. The suspension shall remain in effect until the board 13.30 issues a final order in the matter after a hearing. At the time 13.31 it issues the suspension notice, the board shall schedule a 13.32 disciplinary hearing to be held pursuant to the Administrative 13.33 Procedure Act. The therapist shall be given at least 20 days' 13.34 notice of any hearing held under this subdivision. 13.35 Subd. 4. [REINSTATEMENT.] The board may reinstate and 13.36 reissue a state registration for massage therapy or Oriental 14.1 bodywork therapy, but as a condition may impose any disciplinary 14.2 or corrective measure that it might originally have imposed. 14.3 Any therapist whose state registration has been revoked, 14.4 suspended, or limited may have the state registration reinstated 14.5 when the board finds that the action is warranted. 14.6 Sec. 14. [148D.14] [REPORTING REQUIREMENT.] 14.7 Subdivision 1. [LICENSED PROFESSIONALS.] A person licensed 14.8 or registered by a health-related licensing board, as defined in 14.9 section 214.01, subdivision 2, shall report to the board 14.10 personal knowledge of any conduct the individual reasonably 14.11 believes constitutes grounds for disciplinary action under this 14.12 chapter by a state registered therapist, including conduct 14.13 indicating that the therapist may be incompetent, may have 14.14 engaged in unprofessional or unethical conduct, or may be 14.15 mentally or physically unable to engage safely in the practice 14.16 of massage therapy or Oriental bodywork therapy. 14.17 Subd. 2. [DEADLINES; FORMS.] Reports required by 14.18 subdivision 1 must be submitted no later than 30 days after the 14.19 reporter learns of the occurrence of the reportable event or 14.20 transaction. The board may provide forms for the submission of 14.21 reports required by this section, may require that the reports 14.22 are submitted on the forms provided, and may adopt rules 14.23 necessary to assure prompt and accurate reporting. 14.24 Sec. 15. [148D.15] [IMMUNITY.] 14.25 Subdivision 1. [REPORTING.] Any person is immune from 14.26 civil liability or criminal prosecution for submitting in good 14.27 faith a report to the board under section 148D.14 or for 14.28 otherwise reporting in good faith to the board violations or 14.29 alleged violations of this chapter. 14.30 Subd. 2. [INVESTIGATION.] Members of the board and persons 14.31 employed by the board or engaged in the investigation of 14.32 violations and in the preparation and management of charges of 14.33 violations of this chapter on behalf of the board or persons 14.34 participating in the investigation or testifying regarding 14.35 charges of violations are immune from civil liability and 14.36 criminal prosecution for any actions, transactions, or 15.1 publications in the execution of, or relating to, their duties 15.2 under this chapter. 15.3 Sec. 16. [148D.16] [THERAPIST COOPERATION.] 15.4 A massage therapist or Oriental bodywork therapist who is 15.5 the subject of an investigation or who is questioned in 15.6 connection with an investigation by or on behalf of the board 15.7 shall cooperate fully with the investigation. Requests by the 15.8 board for cooperation must be consistent with the nature and 15.9 seriousness of the conduct being investigated. Cooperation 15.10 includes responding fully and promptly to questions raised by or 15.11 on behalf of the board relating to the subject of the 15.12 investigation; providing copies of client and other records in 15.13 the therapist's possession relating to the matter under 15.14 investigation as requested by the board; assisting the board in 15.15 its investigation, including executing releases for records as 15.16 requested by the board; and appearing at disciplinary or 15.17 educational conferences scheduled by the board. 15.18 Sec. 17. [148D.17] [VIOLATIONS; PENALTY.] 15.19 Subdivision 1. [VIOLATIONS DESCRIBED.] It is unlawful for 15.20 any person to: 15.21 (1) sell or fraudulently obtain or furnish any massage 15.22 therapy or Oriental bodywork therapy diploma, state 15.23 registration, or record, or aid or abet any to do so; 15.24 (2) use any title, abbreviation, or other designation 15.25 protected under section 148D.05, subdivision 1, unless duly 15.26 state registered, except as otherwise authorized by statute or 15.27 by the board by rule; 15.28 (3) practice massage therapy or Oriental bodywork therapy 15.29 not in compliance with a state registration that has been 15.30 conditioned by the board; 15.31 (4) use a title protected under section 148D.05, 15.32 subdivision 1, during the time a registration issued under this 15.33 chapter is suspended or revoked; and 15.34 (5) knowingly employ a person in the practice of massage 15.35 therapy or Oriental bodywork therapy who is practicing massage 15.36 therapy or Oriental bodywork therapy under cover of any diploma, 16.1 permit, license, registration, certificate, or record illegally 16.2 or fraudulently obtained or signed or issued unlawfully or under 16.3 fraudulent representation. 16.4 Subd. 2. [PENALTY.] Any person violating any provisions of 16.5 subdivision 1 is guilty of a misdemeanor. 16.6 Subd. 3. [LOCAL ENFORCEMENT.] A municipality may issue a 16.7 citation for any violation described in subdivision 1. 16.8 Subd. 4. [NUISANCE VIOLATION.] A violation of any 16.9 provision of subdivision 1 shall constitute a nuisance for 16.10 purposes of section 617.81, subdivision 2. 16.11 Sec. 18. [148D.18] [EDUCATION.] 16.12 Subdivision 1. [MASSAGE THERAPY TRAINING 16.13 REQUIREMENTS.] The requirements for state registration as a 16.14 massage therapist, unless raised by the board by rule, are: 16.15 (1) a minimum of 100 hours of anatomy, physiology, and 16.16 kinesiology; 16.17 (2) a minimum of 300 hours of theory, technique, and 16.18 supervised clinical or in-class practice-related modalities of 16.19 massage therapy, with at least 150 of those hours being 16.20 practical technique, with a passing score on a competency-based 16.21 examination demonstrating skills and ability in massage therapy 16.22 techniques; and 16.23 (3) a minimum of 100 hours of related coursework, which 16.24 must include, at a minimum, pathology; contraindications; 16.25 business practices and professional ethics; and cardiopulmonary 16.26 resuscitation and first aid. 16.27 Subd. 2. [ORIENTAL BODYWORK THERAPY TRAINING 16.28 REQUIREMENTS.] The requirements for state registration as an 16.29 Oriental bodywork therapist, unless raised by the board by rule, 16.30 are: 16.31 (1) a minimum of 100 hours of anatomy and physiology and 16.32 Western pathology; 16.33 (2) a minimum of 100 hours of Oriental medical theory; 16.34 (3) a minimum of 160 hours of technique and 16.35 practice-related modalities of Oriental bodywork therapy with a 16.36 passing score on a competency-based examination demonstrating 17.1 skills and ability in Oriental bodywork therapy techniques; 17.2 (4) a minimum of 70 hours of supervised clinical 17.3 application; and 17.4 (5) a minimum of 70 hours of related coursework, which must 17.5 include, at a minimum, business practices and professional 17.6 ethics; law considerations; Oriental pathology; 17.7 contraindications; and cardiopulmonary resuscitation and first 17.8 aid. 17.9 Subd. 3. [CONTINUING EDUCATION REQUIREMENTS FOR 17.10 REGISTRATION RENEWAL.] For registration renewal, an individual 17.11 registered under this chapter must complete all continuing 17.12 education requirements prescribed by the board. 17.13 Sec. 19. [148D.19] [REGISTRATION RENEWAL AND FEES.] 17.14 State registrations expire biennially and must be renewed 17.15 as prescribed by rule. Upon payment of the renewal fee, 17.16 providing evidence of maintaining current professional liability 17.17 insurance, and compliance with all the rules of the board, the 17.18 applicant shall be entitled to renewal of the state registration. 17.19 Sec. 20. [REGISTRATION DURING TRANSITIONAL PERIOD; MASSAGE 17.20 THERAPISTS.] 17.21 For a period of one year beginning on a date determined by 17.22 the board, an applicant may qualify for state registration as a 17.23 massage therapist if the applicant does not meet the examination 17.24 and educational requirements in Minnesota Statutes, sections 17.25 148D.06 and 148D.18, by providing the following: 17.26 (1) a notarized affidavit by the applicant stating 17.27 completion of 100 hours of supervised massage therapy 17.28 instruction or training and any two of the following: 17.29 (i) a notarized affidavit by the applicant stating that the 17.30 applicant has been in practice for at least two years, with a 17.31 minimum of 150 documented client hours per year; 17.32 (ii) evidence of maintaining current professional liability 17.33 insurance; 17.34 (iii) evidence of maintaining current membership in a 17.35 national professional association; or 17.36 (iv) photocopies of ten weeks from the applicant's current 18.1 and/or past appointment books accompanied by an affidavit 18.2 stating that the appointments indicated are evidence of massage 18.3 therapy clientele; 18.4 (2) a notarized affidavit stating that the applicant has 18.5 resided in Minnesota for at least one year prior to submitting 18.6 the application and that the applicant has had no convictions of 18.7 a felony, gross misdemeanor, or misdemeanor reasonably related 18.8 to the practice of massage therapy. Conviction, as used in this 18.9 clause, includes a conviction of an offense that if committed in 18.10 this state would be considered a felony, gross misdemeanor, or 18.11 misdemeanor without regard to its designation elsewhere, or a 18.12 criminal proceeding where a finding or verdict of guilt is made 18.13 or returned but the adjudication of guilt is either withheld or 18.14 not entered; 18.15 (3) verification that the applicant is 18 years of age or 18.16 older; and 18.17 (4) a statement that the applicant will abide by the code 18.18 of ethics established by the board. 18.19 For renewal, the applicant must meet the requirements in 18.20 Minnesota Statutes, sections 148D.18, subdivision 3, and 148D.19. 18.21 Sec. 21. [REGISTRATION DURING TRANSITIONAL PERIOD; 18.22 ORIENTAL BODYWORK THERAPISTS.] 18.23 For a period of one year beginning on a date determined by 18.24 the board, an applicant may qualify for state registration as an 18.25 Oriental bodywork therapist if the applicant does not meet the 18.26 examination and educational requirements in Minnesota Statutes, 18.27 sections 148D.07 and 148D.18, by providing the following: 18.28 (1) a notarized affidavit by the applicant stating 18.29 completion of 100 hours of supervised Oriental bodywork therapy 18.30 instruction or training and any two of the following: 18.31 (i) a notarized affidavit by the applicant stating that the 18.32 applicant has been in practice for at least two years, with a 18.33 minimum of 150 documented client hours per year; 18.34 (ii) evidence of maintaining current professional liability 18.35 insurance; 18.36 (iii) evidence of maintaining current membership in a 19.1 national professional association; or 19.2 (iv) photocopies of ten weeks from the applicant's current 19.3 and/or past appointment books accompanied by an affidavit 19.4 stating that the appointments indicated are evidence of Oriental 19.5 bodywork clientele; 19.6 (2) a notarized affidavit stating that the applicant has 19.7 resided in Minnesota for at least one year prior to submitting 19.8 the application and that the applicant has had no convictions of 19.9 a felony, gross misdemeanor, or misdemeanor reasonably related 19.10 to the practice of massage therapy or Oriental bodywork 19.11 therapy. Conviction, as used in this clause, includes a 19.12 conviction of an offense that if committed in this state would 19.13 be considered a felony, gross misdemeanor, or misdemeanor 19.14 without regard to its designation elsewhere, or a criminal 19.15 proceeding where a finding or verdict of guilt is made or 19.16 returned but the adjudication of guilt is either withheld or not 19.17 entered; 19.18 (3) verification that the applicant is 18 years of age or 19.19 older; and 19.20 (4) a statement that the applicant will abide by the code 19.21 of ethics established by the board. 19.22 For renewal, the applicant must meet the requirements in 19.23 Minnesota Statutes, sections 148D.18, subdivision 3, and 148D.19. 19.24 Sec. 22. [INITIAL ADVISORY COUNCIL.] 19.25 The terms of the initial members of the advisory council 19.26 shall be staggered as follows: one massage therapist member 19.27 shall serve a one-year term; one public member and one Oriental 19.28 bodywork therapist member shall serve two-year terms; one 19.29 massage therapist member and one Oriental bodywork therapist 19.30 member shall serve three-year terms; and one public member and 19.31 one massage therapist member shall serve four-year terms. The 19.32 initial therapist members need not be registered provided they 19.33 meet the standards in Minnesota Statutes, section 148D.06 or 19.34 148D.07. 19.35 Sec. 23. [EFFECTIVE DATE.] 19.36 This article is effective 60 days following final enactment. 20.1 ARTICLE 2 20.2 CONFORMING AMENDMENTS 20.3 Section 1. Minnesota Statutes 2000, section 13.411, is 20.4 amended by adding a subdivision to read: 20.5 Subd. 5a. [MASSAGE THERAPISTS AND ORIENTAL BODYWORK 20.6 THERAPISTS.] Data relating to the registration of massage 20.7 therapists and Oriental bodywork therapists are classified under 20.8 section 148D.12. 20.9 Sec. 2. Minnesota Statutes 2000, section 116J.70, 20.10 subdivision 2a, is amended to read: 20.11 Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or 20.12 "license" does not include the following: 20.13 (1) any occupational license or registration issued by a 20.14 licensing board listed in section 214.01 or any occupational 20.15 registration issued by the commissioner of health pursuant to 20.16 section 214.13; 20.17 (2) any license issued by a county, home rule charter city, 20.18 statutory city, township, or other political subdivision; 20.19 (3) any license required to practice the following 20.20 occupation regulated by the following sections: 20.21 (i) abstracters regulated pursuant to chapter 386; 20.22 (ii) accountants regulated pursuant to chapter 326; 20.23 (iii) adjusters regulated pursuant to chapter 72B; 20.24 (iv) architects regulated pursuant to chapter 326; 20.25 (v) assessors regulated pursuant to chapter 270; 20.26 (vi) athletic trainers regulated pursuant to chapter 148; 20.27 (vii) attorneys regulated pursuant to chapter 481; 20.28 (viii) auctioneers regulated pursuant to chapter 330; 20.29 (ix) barbers regulated pursuant to chapter 154; 20.30 (x) beauticians regulated pursuant to chapter 155A; 20.31 (xi) boiler operators regulated pursuant to chapter 183; 20.32 (xii) chiropractors regulated pursuant to chapter 148; 20.33 (xiii) collection agencies regulated pursuant to chapter 20.34 332; 20.35 (xiv) cosmetologists regulated pursuant to chapter 155A; 20.36 (xv) dentists, registered dental assistants, and dental 21.1 hygienists regulated pursuant to chapter 150A; 21.2 (xvi) detectives regulated pursuant to chapter 326; 21.3 (xvii) electricians regulated pursuant to chapter 326; 21.4 (xviii) mortuary science practitioners regulated pursuant 21.5 to chapter 149A; 21.6 (xix) engineers regulated pursuant to chapter 326; 21.7 (xx) insurance brokers and salespersons regulated pursuant 21.8 to chapter 60A; 21.9 (xxi) certified interior designers regulated pursuant to 21.10 chapter 326; 21.11 (xxii) massage therapists and Oriental bodywork therapists 21.12 regulated pursuant to chapter 148D; 21.13 (xxiii) midwives regulated pursuant to chapter 147D; 21.14(xxiii)(xxiv) nursing home administrators regulated 21.15 pursuant to chapter 144A; 21.16(xxiv)(xxv) optometrists regulated pursuant to chapter 21.17 148; 21.18(xxv)(xxvi) osteopathic physicians regulated pursuant to 21.19 chapter 147; 21.20(xxvi)(xxvii) pharmacists regulated pursuant to chapter 21.21 151; 21.22(xxvii)(xxviii) physical therapists regulated pursuant to 21.23 chapter 148; 21.24(xxviii)(xxix) physician assistants regulated pursuant to 21.25 chapter 147A; 21.26(xxix)(xxx) physicians and surgeons regulated pursuant to 21.27 chapter 147; 21.28(xxx)(xxxi) plumbers regulated pursuant to chapter 326; 21.29(xxxi)(xxxii) podiatrists regulated pursuant to chapter 21.30 153; 21.31(xxxii)(xxxiii) practical nurses regulated pursuant to 21.32 chapter 148; 21.33(xxxiii)(xxxiv) professional fund raisers regulated 21.34 pursuant to chapter 309; 21.35(xxxiv)(xxxv) psychologists regulated pursuant to chapter 21.36 148; 22.1(xxxv)(xxxvi) real estate brokers, salespersons, and 22.2 others regulated pursuant to chapters 82 and 83; 22.3(xxxvi)(xxxvii) registered nurses regulated pursuant to 22.4 chapter 148; 22.5(xxxvii)(xxxviii) securities brokers, dealers, agents, and 22.6 investment advisers regulated pursuant to chapter 80A; 22.7(xxxviii)(xxxix) steamfitters regulated pursuant to 22.8 chapter 326; 22.9(xxxix)(xl) teachers and supervisory and support personnel 22.10 regulated pursuant to chapter 125; 22.11(xl)(xli) veterinarians regulated pursuant to chapter 156; 22.12(xli)(xlii) water conditioning contractors and installers 22.13 regulated pursuant to chapter 326; 22.14(xlii)(xliii) water well contractors regulated pursuant to 22.15 chapter 103I; 22.16(xliii)(xliv) water and waste treatment operators 22.17 regulated pursuant to chapter 115; 22.18(xliv)(xlv) motor carriers regulated pursuant to chapter 22.19 221; 22.20(xlv)(xlvi) professional firms regulated under chapter 22.21 319B; 22.22(xlvi)(xlvii) real estate appraisers regulated pursuant to 22.23 chapter 82B; 22.24(xlvii)(xlviii) residential building contractors, 22.25 residential remodelers, residential roofers, manufactured home 22.26 installers, and specialty contractors regulated pursuant to 22.27 chapter 326; 22.28 (4) any driver's license required pursuant to chapter 171; 22.29 (5) any aircraft license required pursuant to chapter 360; 22.30 (6) any watercraft license required pursuant to chapter 22.31 86B; 22.32 (7) any license, permit, registration, certification, or 22.33 other approval pertaining to a regulatory or management program 22.34 related to the protection, conservation, or use of or 22.35 interference with the resources of land, air, or water, which is 22.36 required to be obtained from a state agency or instrumentality; 23.1 and 23.2 (8) any pollution control rule or standard established by 23.3 the pollution control agency or any health rule or standard 23.4 established by the commissioner of health or any licensing rule 23.5 or standard established by the commissioner of human services. 23.6 Sec. 3. Minnesota Statutes 2000, section 144.335, 23.7 subdivision 1, is amended to read: 23.8 Subdivision 1. [DEFINITIONS.] For the purposes of this 23.9 section, the following terms have the meanings given them: 23.10 (a) "Patient" means a natural person who has received 23.11 health care services from a provider for treatment or 23.12 examination of a medical, psychiatric, or mental condition, the 23.13 surviving spouse and parents of a deceased patient, or a person 23.14 the patient appoints in writing as a representative, including a 23.15 health care agent acting pursuant to chapter 145C, unless the 23.16 authority of the agent has been limited by the principal in the 23.17 principal's health care directive. Patient includes a client 23.18 under chapter 148D. Except for minors who have received health 23.19 care services pursuant to sections 144.341 to 144.347, in the 23.20 case of a minor, patient includes a parent or guardian, or a 23.21 person acting as a parent or guardian in the absence of a parent 23.22 or guardian. 23.23 (b) "Provider" means (1) any person who furnishes health 23.24 care services and is regulated to furnish the services pursuant 23.25 to chapter 147, 147A, 147B, 147C, 148, 148B, 148C, 148D, 150A, 23.26 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a home 23.27 care provider licensed under section 144A.46; (3) a health care 23.28 facility licensed pursuant to this chapter or chapter 144A; (4) 23.29 a physician assistant registered under chapter 147A; and (5) an 23.30 unlicensed mental health practitioner regulated pursuant to 23.31 sections 148B.60 to 148B.71. 23.32 (c) "Individually identifiable form" means a form in which 23.33 the patient is or can be identified as the subject of the health 23.34 records. 23.35 Sec. 4. Minnesota Statutes 2000, section 214.23, 23.36 subdivision 1, is amended to read: 24.1 Subdivision 1. [COMMISSIONER OF HEALTH.] The board shall 24.2 enter into a contract with the commissioner to perform the 24.3 functions in subdivisions 2 and 3. The contract shall provide 24.4 that: 24.5 (1) unless requested to do otherwise by a regulated person, 24.6 a board shall refer all regulated persons infected with HIV, 24.7 HBV, or HCV to the commissioner; 24.8 (2) the commissioner may choose to refer any regulated 24.9 person who is infected with HIV, HBV, or HCV as well as all 24.10 information related thereto to the person's board at any time 24.11 for any reason, including but not limited to: the degree of 24.12 cooperation and compliance by the regulated person; the 24.13 inability to secure information or the medical records of the 24.14 regulated person; or when the facts may present other possible 24.15 violations of the regulated persons practices act. Upon request 24.16 of the regulated person who is infected with HIV, HBV, or HCV 24.17 the commissioner shall refer the regulated person and all 24.18 information related thereto to the person's board. Once the 24.19 commissioner has referred a regulated person to a board, the 24.20 board may not thereafter submit it to the commissioner to 24.21 establish a monitoring plan unless the commissioner of health 24.22 consents in writing; 24.23 (3) a board shall not take action on grounds relating 24.24 solely to the HIV, HBV, or HCV status of a regulated person 24.25 until after referral by the commissioner; and 24.26 (4) notwithstanding sections 13.39 and 13.41 and chapters 24.27 147, 147A, 148, 148D, 150A, 153, and 214, a board shall forward 24.28 to the commissioner any information on a regulated person who is 24.29 infected with HIV, HBV, or HCV that the department of health 24.30 requests. 24.31 Sec. 5. Minnesota Statutes 2000, section 604A.01, 24.32 subdivision 2, is amended to read: 24.33 Subd. 2. [GENERAL IMMUNITY FROM LIABILITY.] (a) A person 24.34 who, without compensation or the expectation of compensation, 24.35 renders emergency care, advice, or assistance at the scene of an 24.36 emergency or during transit to a location where professional 25.1 medical care can be rendered, is not liable for any civil 25.2 damages as a result of acts or omissions by that person in 25.3 rendering the emergency care, advice, or assistance, unless the 25.4 person acts in a willful and wanton or reckless manner in 25.5 providing the care, advice, or assistance. This subdivision 25.6 does not apply to a person rendering emergency care, advice, or 25.7 assistance during the course of regular employment, and 25.8 receiving compensation or expecting to receive compensation for 25.9 rendering the care, advice, or assistance. 25.10 (b) For the purposes of this section, the scene of an 25.11 emergency is an area outside the confines of a hospital or other 25.12 institution that has hospital facilities, or an office of a 25.13 person licensed to practice one or more of the healing arts 25.14 under chapter 147, 147A, 148, 148D, 150A, or 153. The scene of 25.15 an emergency includes areas threatened by or exposed to 25.16 spillage, seepage, fire, explosion, or other release of 25.17 hazardous materials, and includes ski areas and trails. 25.18 (c) For the purposes of this section, "person" includes a 25.19 public or private nonprofit volunteer firefighter, volunteer 25.20 police officer, volunteer ambulance attendant, volunteer first 25.21 provider of emergency medical services, volunteer ski patroller, 25.22 and any partnership, corporation, association, or other entity. 25.23 (d) For the purposes of this section, "compensation" does 25.24 not include payments, reimbursement for expenses, or pension 25.25 benefits paid to members of volunteer organizations. 25.26 (e) For purposes of this section, "emergency care" includes 25.27 providing emergency medical care by using or providing an 25.28 automatic external defibrillator, unless the person on whom the 25.29 device is to be used objects. "Automatic external 25.30 defibrillator" means a medical device heart monitor and 25.31 defibrillator that: 25.32 (1) has received approval of its premarket notification, 25.33 filed pursuant to United States Code, title 21, section 360(k), 25.34 from the United States Food and Drug Administration; 25.35 (2) is capable of recognizing the presence or absence of 25.36 ventricular fibrillation or rapid ventricular tachycardia, and 26.1 is capable of determining, without intervention by an operator, 26.2 whether defibrillation should be performed; and 26.3 (3) upon determining that defibrillation should be 26.4 performed, automatically charges and requests delivery of an 26.5 electrical impulse to an individual's heart. 26.6 Sec. 6. [EFFECTIVE DATE.] 26.7 This article is effective 60 days following final enactment.