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 1998, sections 116J.70, subdivision 2a; 
  1.7             144.335, subdivision 1; 214.23, subdivision 1; and 
  1.8             604A.01, subdivision 2; proposing coding for new law 
  1.9             as Minnesota Statutes, 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] [DEFINITIONS.] 
  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 state board of 
  1.17  chiropractic examiners.  
  1.18     Subd. 3.  [CUPPING.] "Cupping" means a therapy in which a 
  1.19  jar-shaped instrument is attached to the skin and negative 
  1.20  pressure is created by using suction. 
  1.21     Subd. 4.  [MASSAGE THERAPIST.] "Massage therapist" means a 
  1.22  health care provider who practices massage therapy. 
  1.23     Subd. 5.  [MASSAGE THERAPY.] "Massage therapy" means a 
  1.24  health care profession that involves systematic manipulation of 
  1.25  or pressure on soft tissues of the human body for therapeutic 
  1.26  purposes.  Massage therapy includes such methods or techniques 
  1.27  as effleurage, petrissage, tapotement, compression, vibration, 
  2.1   friction, fascial manipulation applied manually or by mechanical 
  2.2   device that mimics or enhances the actions of the hands, and the 
  2.3   application of oils, lotions, or similar preparations.  Massage 
  2.4   therapy is administered for the purposes of maintaining, 
  2.5   restoring, and enhancing health; relaxing musculature; 
  2.6   increasing range of motion; reducing stress; relieving pain; and 
  2.7   improving circulation or lymphatic flow, or both.  It does not 
  2.8   include any form of diagnosis, nor does it attempt to adjust or 
  2.9   manipulate any articulations of the body or spine as described 
  2.10  in section 146.23 or 148.01, nor to mobilize articulations of 
  2.11  the body or spine by means of a thrusting force. 
  2.12     Subd. 6.  [MOXIBUSTION.] "Moxibustion" means the 
  2.13  application of heat to acupuncture points or other areas of the 
  2.14  body by the use of the herb commonly known as moxa.  To treat a 
  2.15  specific point, the herb is generally powdered, rolled into a 
  2.16  small cone, and lit.  
  2.17     Subd. 7.  [MUNICIPALITY.] "Municipality" means a county, 
  2.18  town, home rule charter or statutory city, or other municipal 
  2.19  corporation or political subdivision of the state.  
  2.20     Subd. 8.  [ORIENTAL BODYWORK THERAPIST.] "Oriental bodywork 
  2.21  therapist" means a health care provider who practices Oriental 
  2.22  bodywork therapy.  
  2.23     Subd. 9.  [ORIENTAL BODYWORK THERAPY.] "Oriental bodywork 
  2.24  therapy" means a health care profession that uses Oriental 
  2.25  medical theory and principles and Oriental massage methods or 
  2.26  techniques including pressure; kneading; vibration; tapping; 
  2.27  placement of the hands on the body to affect the energy field of 
  2.28  the body; the topical application of herbal preparations, oils, 
  2.29  liniments, magnets, cupping, moxibustion, or other devices; and 
  2.30  the application of heat or cold.  Oriental bodywork therapy is 
  2.31  administered for the purposes of maintaining, restoring, and 
  2.32  enhancing health; relaxing musculature; increasing range of 
  2.33  motion; reducing stress; relieving pain; and improving 
  2.34  circulation or lymphatic flow, or both.  It does not include any 
  2.35  form of diagnosis, nor does it attempt to adjust or manipulate 
  2.36  any articulations of the body or spine as described in section 
  3.1   146.23 or 148.01, nor to mobilize articulations of the body or 
  3.2   spine by means of a thrusting force.  
  3.3      Subd. 10.  [ORIENTAL MEDICINE.] "Oriental medicine" means a 
  3.4   system of healing arts that perceives the circulation and 
  3.5   balance of energy in the body as being fundamental to the 
  3.6   well-being of the individual.  Oriental medicine implements this 
  3.7   theory through specialized methods of analyzing the energy 
  3.8   status of the body and treating the body with Oriental bodywork 
  3.9   therapy and other related modalities for the purposes of 
  3.10  strengthening the body, improving energy balance, maintaining or 
  3.11  restoring health, improving physiological function, and reducing 
  3.12  pain. 
  3.13     Sec. 2.  [148D.02] [MASSAGE THERAPISTS AND ORIENTAL 
  3.14  BODYWORK THERAPISTS.] 
  3.15     This chapter applies only to persons who are applicants for 
  3.16  registration, who are registered, who represent that they are 
  3.17  registered, or who use protected titles.  This chapter does not 
  3.18  apply to somatic practitioners or touch therapists, provided 
  3.19  they do not use a title protected by this chapter. 
  3.20     Sec. 3.  [148D.03] [DUTIES OF THE STATE BOARD OF 
  3.21  CHIROPRACTIC EXAMINERS.] 
  3.22     The board, in consultation with the advisory council 
  3.23  established under section 148D.11, shall:  
  3.24     (1) determine necessary forms; 
  3.25     (2) issue registrations to qualified applicants; 
  3.26     (3) keep a complete record of registered massage therapists 
  3.27  and Oriental bodywork therapists, maintain a current official 
  3.28  listing of the names and addresses of registered massage 
  3.29  therapists and Oriental bodywork therapists, and make a copy of 
  3.30  the listing available to any member of the public upon payment 
  3.31  of a copying fee; and 
  3.32     (4) employ appropriate personnel and establish their duties.
  3.33     Sec. 4.  [148D.04] [VOLUNTARY REGISTRATION.] 
  3.34     Subdivision 1.  [ESTABLISHMENT.] The board shall establish 
  3.35  a voluntary registration system for massage therapists and 
  3.36  Oriental bodywork therapists who apply for registration.  The 
  4.1   board shall issue a registration to a person applying for 
  4.2   massage therapy registration who meets the qualifications in 
  4.3   section 148D.06 or 148D.08 and to a person applying for Oriental 
  4.4   bodywork therapy registration who meets the qualifications in 
  4.5   section 148D.07 or 148D.08. 
  4.6      Subd. 2.  [REGISTRATION PROCEDURES.] To apply for 
  4.7   registration, an applicant must: 
  4.8      (1) submit an application for registration at a time and in 
  4.9   a form established by the board; and 
  4.10     (2) submit all fees required by the board. 
  4.11     Subd. 3.  [ADVERTISING.] A registered therapist's 
  4.12  registration number must appear in all advertisements by the 
  4.13  therapist. 
  4.14     Sec. 5.  [148D.05] [TITLE PROTECTION.] 
  4.15     Subdivision 1.  [PROTECTED TITLES.] Except as provided in 
  4.16  subdivision 2, no person may use or advertise in a public or 
  4.17  private communication any title protected in this chapter unless 
  4.18  the person is registered under this chapter.  Protected titles 
  4.19  include massage therapist, registered massage therapist (RMT), 
  4.20  state registered massage therapist (SRMT), Oriental bodywork 
  4.21  therapist, registered Oriental bodywork therapist (ROBT), state 
  4.22  registered Oriental bodywork therapist (SROBT), or any other 
  4.23  derivation or abbreviation of terms that imply a massage therapy 
  4.24  or Oriental bodywork therapy technique, method, or practitioner. 
  4.25     Subd. 2.  [EXEMPTIONS.] (a) A protected title may be used 
  4.26  or advertised in a public or private communication by 
  4.27  acupuncturists, athletic trainers, barbers, chiropractors, 
  4.28  cosmetologists, estheticians, manicurists, nurses, occupational 
  4.29  therapists, osteopaths, physical therapists, physicians, and 
  4.30  podiatrists who are acting under a professional license, 
  4.31  certificate, or registration, provided that any massage therapy 
  4.32  or Oriental bodywork therapy administered falls within the 
  4.33  regular course of their scope of practice and is not part of a 
  4.34  separate and distinct massage therapy or Oriental bodywork 
  4.35  therapy business or service. 
  4.36     (b) A protected title may be used or advertised in a public 
  5.1   or private communication by a person who is performing massage 
  5.2   therapy or Oriental bodywork therapy for charitable purposes in 
  5.3   a nursing home, shelter, mission or other similar facility, or 
  5.4   the home of a person receiving services, provided that no direct 
  5.5   or indirect compensation is received for the services and that 
  5.6   the person receiving services is not charged for the services. 
  5.7      (c) A protected title may be used or advertised in a public 
  5.8   or private communication by a visiting massage therapist or 
  5.9   Oriental bodywork therapist instructor from another United 
  5.10  States jurisdiction or another country who wishes to teach 
  5.11  massage therapy or Oriental bodywork therapy in Minnesota. 
  5.12     Subd. 3.  [CERTIFICATES FROM OTHER ORGANIZATIONS.] Massage 
  5.13  therapists or Oriental bodywork therapists who have received 
  5.14  certificates from organizations, associations, or educational 
  5.15  corporations are not prohibited from using the term "certified" 
  5.16  in any form of advertising when referring to those trainings, 
  5.17  provided that the originating body for the certification is 
  5.18  stated clearly in the advertisement.  
  5.19     Sec. 6.  [148D.06] [QUALIFICATIONS FOR REGISTRATION; 
  5.20  MASSAGE THERAPY.] 
  5.21     Except as provided in section 148D.08, an applicant for 
  5.22  registration for massage therapy must meet all of the following 
  5.23  requirements: 
  5.24     (1) be 18 years of age or older; 
  5.25     (2) have obtained a high school diploma or the equivalent; 
  5.26     (3) show evidence of maintaining current professional 
  5.27  liability insurance; 
  5.28     (4) have achieved a passing score on the National 
  5.29  Certification Examination for Therapeutic Massage and Bodywork 
  5.30  or its equivalent; 
  5.31     (5) have either (i) successfully completed a course of 
  5.32  study consisting of 500 or more classroom hours of supervised 
  5.33  instruction from a recognized school with a curriculum that 
  5.34  meets the basic guidelines under section 148D.18 for massage 
  5.35  therapy; or (ii) qualified for the National Certification 
  5.36  Examination for Therapeutic Massage and Bodywork by the 
  6.1   portfolio review processes or the current equivalent; and 
  6.2      (6) have achieved a passing score on an examination of 
  6.3   relevant state laws, if such an examination is prescribed by the 
  6.4   board. 
  6.5      Sec. 7.  [148D.07] [QUALIFICATIONS FOR REGISTRATION; 
  6.6   ORIENTAL BODYWORK THERAPY.] 
  6.7      Except as provided in section 148D.08, an applicant for 
  6.8   registration for Oriental bodywork therapy must meet all of the 
  6.9   following requirements: 
  6.10     (1) be 18 years of age or older; 
  6.11     (2) have obtained a high school diploma or the equivalent; 
  6.12     (3) show evidence of maintaining current professional 
  6.13  liability insurance; 
  6.14     (4) have achieved a passing score on the National 
  6.15  Certification Examination for Oriental Bodywork Therapy 
  6.16  administered by the National Commission for the Certification of 
  6.17  Acupuncture and Oriental Medicine, the National Certification 
  6.18  Examination for Therapeutic Massage and Bodywork, or an 
  6.19  equivalent; 
  6.20     (5) have either (i) successfully completed a course of 
  6.21  study consisting of 500 or more classroom hours of supervised 
  6.22  instruction from a recognized school with a curriculum that 
  6.23  meets the basic guidelines under section 148D.18 for Oriental 
  6.24  bodywork therapy; or (ii) qualified for the National 
  6.25  Certification Examination for Therapeutic Massage and Bodywork 
  6.26  or the National Certification Examination for Oriental Bodywork 
  6.27  Therapy by the portfolio review processes or the current 
  6.28  equivalent; and 
  6.29     (6) have achieved a passing score on an examination of 
  6.30  relevant state laws, if such an examination is prescribed by the 
  6.31  board. 
  6.32     Sec. 8.  [148D.08] [INDIVIDUALS FROM OTHER JURISDICTIONS.] 
  6.33     Subdivision 1.  [REGISTRATION BY RECIPROCITY.] Applications 
  6.34  from individuals from another United States jurisdiction or 
  6.35  another country seeking registration for massage therapy or 
  6.36  Oriental bodywork therapy in this state must be considered 
  7.1   individually.  In order for a license, registration, or 
  7.2   certification from another jurisdiction to be recognized for 
  7.3   registration in this state, the other regulating jurisdiction 
  7.4   must have requirements substantially equal to or exceeding those 
  7.5   of this state.  In applying for registration under this section, 
  7.6   applicants must provide the following: 
  7.7      (1) an official document from the jurisdiction's regulatory 
  7.8   authority verifying the status of the applicant's license, 
  7.9   registration, or certification, including date of issuance, date 
  7.10  of expiration, and information regarding any disciplinary 
  7.11  action; 
  7.12     (2) a statement from the jurisdiction's regulatory 
  7.13  authority outlining the regulatory requirements of that 
  7.14  jurisdiction; and 
  7.15     (3) proof of a passing score on the National Certification 
  7.16  Examination for Therapeutic Massage and Bodywork, the National 
  7.17  Certification Examination for Oriental Bodywork Therapy, or an 
  7.18  equivalent.  
  7.19     Subd. 2.  [VISITING INSTRUCTORS.] A visiting massage 
  7.20  therapy or Oriental bodywork therapy instructor from another 
  7.21  United States jurisdiction or another country who wishes to 
  7.22  teach massage therapy or Oriental bodywork therapy in this state 
  7.23  is not required to be registered in this state. 
  7.24     Sec. 9.  [148D.09] [RULEMAKING.] 
  7.25     The board shall adopt rules on the following: 
  7.26     (1) establishing health and sanitation standards for the 
  7.27  practice of massage therapy and Oriental bodywork therapy; 
  7.28     (2) adopting a code of ethics and a client bill of rights; 
  7.29     (3) establishing continuing education requirements; 
  7.30     (4) establishing procedures for registration renewal; and 
  7.31     (5) other rules that the board finds necessary to 
  7.32  administer this chapter to protect the public health, safety, 
  7.33  and welfare. 
  7.34     Sec. 10.  [148D.10] [MUNICIPAL REGULATION.] 
  7.35     Subdivision 1.  [PREEMPTION.] A municipality shall not 
  7.36  require a person who is registered under this chapter and who 
  8.1   performs massage therapy or Oriental bodywork therapy within its 
  8.2   jurisdiction to also hold a professional massage therapy or 
  8.3   Oriental bodywork therapy license issued by the municipality.  
  8.4   Nothing in this chapter preempts or supersedes any municipal 
  8.5   ordinance relating to land use, building and construction 
  8.6   requirements, nuisance control, or the licensing of commercial 
  8.7   enterprises in general. 
  8.8      Subd. 2.  [MUNICIPAL DISCRETION.] A municipality may, by 
  8.9   ordinance, require all persons performing massage therapy or 
  8.10  Oriental bodywork therapy within its jurisdiction to hold a 
  8.11  current registration under this chapter. 
  8.12     Sec. 11.  [148D.11] [ADVISORY COUNCIL.] 
  8.13     (a) The advisory council for massage therapy and Oriental 
  8.14  bodywork therapy consists of seven members appointed by the 
  8.15  board to carry out the provisions of this section.  
  8.16     (b) The advisory council shall consist of:  
  8.17     (1) three registered professional members representing 
  8.18  massage therapy; 
  8.19     (2) two registered professional members representing 
  8.20  Oriental bodywork therapy; and 
  8.21     (3) two public members, as defined in section 214.02. 
  8.22     (c) The advisory council shall: 
  8.23     (1) advise the board on adoption of rules and the 
  8.24  enforcement of rules and statutes; 
  8.25     (2) advise the board on rules for applications for 
  8.26  registration and for renewal, and advertising; 
  8.27     (3) review applications for registration and for renewal, 
  8.28  and make recommendations to the board; 
  8.29     (4) in accordance with chapter 214, review complaints, 
  8.30  including all related investigatory materials, against 
  8.31  registered massage therapists or Oriental bodywork therapists, 
  8.32  and following such review, forward the complaints and all 
  8.33  related investigatory materials to the board and advise the 
  8.34  board on appropriate disposition of the complaints; 
  8.35     (5) propose a biennial budget to the board; 
  8.36     (6) propose recommendations for continuing education to the 
  9.1   board; and 
  9.2      (7) perform other duties authorized for advisory councils 
  9.3   under chapter 214, as directed by the board.  
  9.4      (d) The advisory council shall be organized and 
  9.5   administered under section 15.059, except that appointments to 
  9.6   the initial advisory council shall be governed by section 22. 
  9.7      Sec. 12.  [148D.12] [GROUNDS FOR DISCIPLINARY ACTION.] 
  9.8      Subdivision 1.  [GROUNDS LISTED.] (a) The board may refuse 
  9.9   to grant, revoke, suspend, limit, or condition the registration 
  9.10  of a therapist registered under this chapter, or otherwise 
  9.11  discipline a registered therapist or applicant as described in 
  9.12  section 148D.13.  Actions in paragraphs (b) to (o) are grounds 
  9.13  for disciplinary action. 
  9.14     (b) Employing fraud or deceit in procuring or attempting to 
  9.15  procure a registration for massage therapy or Oriental bodywork 
  9.16  therapy or attempting to subvert the registration examination 
  9.17  process. 
  9.18     (c) Conviction of a felony, gross misdemeanor, or 
  9.19  misdemeanor reasonably related to the practice of massage 
  9.20  therapy or Oriental bodywork therapy.  Conviction as used in 
  9.21  this paragraph includes a conviction of an offense that, if 
  9.22  committed in this state, would be considered a felony, gross 
  9.23  misdemeanor, or misdemeanor without regard to its designation 
  9.24  elsewhere, or a criminal proceeding where a finding or verdict 
  9.25  of guilt is made or returned but the adjudication of guilt is 
  9.26  either withheld or not entered. 
  9.27     (d) Revocation, suspension, limitation, conditioning, or 
  9.28  other disciplinary action taken against the person's massage 
  9.29  therapy or Oriental bodywork therapy license, registration, or 
  9.30  certification in another state, territory, or country; failure 
  9.31  to report to the board that charges regarding the person's 
  9.32  license, registration, or certification are pending in another 
  9.33  state, territory, or country; or having been refused a license, 
  9.34  registration, or certification by another state, territory, or 
  9.35  country. 
  9.36     (e) Engaging in unprofessional conduct, including, but not 
 10.1   limited to, a departure from or failure to comply with statutes 
 10.2   or board rules for massage therapy or Oriental bodywork therapy, 
 10.3   or, if no rule exists, to the minimal standards of acceptable 
 10.4   and prevailing massage therapy or Oriental bodywork therapy; or 
 10.5   any massage therapy or Oriental bodywork therapy practice that 
 10.6   may create unnecessary danger to a client's life, health, or 
 10.7   safety.  Actual injury to a client need not be established under 
 10.8   this clause.  
 10.9      (f) Actual or potential inability to practice massage 
 10.10  therapy or Oriental bodywork therapy with reasonable skill and 
 10.11  safety to clients by reason of illness; use of alcohol, drugs, 
 10.12  chemicals, or any other material; or as a result of any mental 
 10.13  or physical impairment or condition.  
 10.14     (g) Engaging in any unethical conduct, including, but not 
 10.15  limited to, conduct likely to deceive, defraud, or harm the 
 10.16  public, or demonstrating a willful or careless disregard for the 
 10.17  health, welfare, or safety of a client.  Actual injury to a 
 10.18  client or to the public need not be established under this 
 10.19  clause.  
 10.20     (h) Engaging in conduct with a client that is sexual or may 
 10.21  reasonably be interpreted by the client as sexual, or in any 
 10.22  verbal behavior that is seductive or sexually demeaning to a 
 10.23  client, or engaging in sexual exploitation of a client or former 
 10.24  client.  A therapist is prohibited from engaging in sexual 
 10.25  conduct with a former client for two years following termination 
 10.26  of the therapeutic relationship. 
 10.27     (i) Obtaining money, property, or services from a client, 
 10.28  other than reasonable fees for services provided to the client, 
 10.29  through the use of undue influence, harassment, duress, 
 10.30  deception, or fraud, or any other act that exploits the client 
 10.31  for financial gain. 
 10.32     (j) Revealing a privileged communication from or relating 
 10.33  to a client except when otherwise required or permitted by law. 
 10.34     (k) Engaging in abusive or fraudulent billing practices, 
 10.35  including violations of federal Medicare and Medicaid laws or 
 10.36  state medical assistance laws. 
 11.1      (l) Improper management of client records, including 
 11.2   failure to maintain adequate client records, to comply with a 
 11.3   client's request made pursuant to section 144.335, or to furnish 
 11.4   a client record or report required by law.  
 11.5      (m) Violating a rule adopted by the board, an order of the 
 11.6   board, or a state or federal law relating to the practice of 
 11.7   massage therapy or Oriental bodywork therapy, or a state or 
 11.8   federal narcotics or controlled substance law. 
 11.9      (n) Making a false statement or knowingly providing false 
 11.10  information to the board or the advisory council, failing to 
 11.11  make reports as required by section 148D.14, or failing to 
 11.12  cooperate with an investigation of the board as required by 
 11.13  section 148D.16. 
 11.14     (o) Engaging in false, fraudulent, deceptive, or misleading 
 11.15  advertising.  
 11.16     Subd. 2.  [EVIDENCE.] In disciplinary actions alleging a 
 11.17  ground for disciplinary action established in subdivision 1, 
 11.18  paragraph (c) or (d), a copy of the judgment or proceeding under 
 11.19  the seal of the court administrator or of the administrative 
 11.20  agency that entered the same shall be admissible into evidence 
 11.21  without further authentication and shall constitute prima facie 
 11.22  evidence of the violation concerned. 
 11.23     Subd. 3.  [EXAMINATION; ACCESS TO MEDICAL DATA.] (a) The 
 11.24  board may take the actions in paragraphs (b) and (c) if it has 
 11.25  probable cause to believe that grounds for disciplinary action 
 11.26  exist under subdivision 1, paragraph (f). 
 11.27     (b) The board may direct the applicant or therapist to 
 11.28  submit to a mental or physical examination or chemical 
 11.29  dependency evaluation.  For the purpose of this subdivision, 
 11.30  when a therapist registered by this chapter is directed in 
 11.31  writing by the board to submit to a mental or physical 
 11.32  examination or chemical dependency evaluation, that person is 
 11.33  considered to have consented and to have waived all objections 
 11.34  to admissibility on the grounds of privilege.  Failure of the 
 11.35  applicant or therapist to submit to an examination when directed 
 11.36  constitutes an admission of the allegations against the 
 12.1   applicant or therapist, unless the failure was due to 
 12.2   circumstances beyond the person's control, and the board may 
 12.3   enter a default and final order without taking testimony or 
 12.4   allowing evidence to be presented.  A therapist affected under 
 12.5   this paragraph shall, at reasonable intervals, be given an 
 12.6   opportunity to demonstrate that the competent practice of 
 12.7   massage therapy or Oriental bodywork therapy can be resumed with 
 12.8   reasonable skill and safety to clients. 
 12.9      (c) Notwithstanding sections 13.42, 144.651, 595.02, or any 
 12.10  other law limiting access to medical or other health data, the 
 12.11  board may obtain medical data and health records relating to a 
 12.12  therapist or applicant for registration without that person's 
 12.13  consent.  The medical data may be requested from a provider, as 
 12.14  defined in section 144.335, subdivision 1, paragraph (b), an 
 12.15  insurance company, or a government agency, including the 
 12.16  department of human services.  A provider, insurance company, or 
 12.17  government agency shall comply with any written request of the 
 12.18  board under this paragraph.  A provider, insurance company, or 
 12.19  government agency is not liable in any action for damages for 
 12.20  releasing the data requested by the board if the data are 
 12.21  released pursuant to a written request under this subdivision 
 12.22  unless the information is false and the person or entity 
 12.23  providing the information knew, or had reason to believe, the 
 12.24  information was false.  Information obtained under this 
 12.25  paragraph is classified as private data on individuals as 
 12.26  defined in section 13.02.  
 12.27     Sec. 13.  [148D.13] [FORMS OF DISCIPLINARY ACTION; 
 12.28  AUTOMATIC SUSPENSION; TEMPORARY SUSPENSION; REISSUANCE.] 
 12.29     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
 12.30  board finds that grounds for disciplinary action exist under 
 12.31  section 148D.12, subdivision 1, it may take one or more of the 
 12.32  following actions:  
 12.33     (1) deny the registration; 
 12.34     (2) revoke the registration; 
 12.35     (3) suspend the registration; 
 12.36     (4) impose limitations on the registered therapist; 
 13.1      (5) impose conditions on the retention of the registration; 
 13.2      (6) order the registered therapist to provide unremunerated 
 13.3   services; 
 13.4      (7) reprimand the registered therapist; 
 13.5      (8) impose a civil penalty not exceeding $10,000 for each 
 13.6   separate violation, the amount of the civil penalty to be fixed 
 13.7   so as to deprive the registered therapist of any economic 
 13.8   advantage gained by the violation or to reimburse the board for 
 13.9   all costs related to the receipt, review, investigation, 
 13.10  adjudication, or other disposition of the complaint; or 
 13.11     (9) any other action justified by the facts in the case. 
 13.12     Subd. 2.  [AUTOMATIC SUSPENSION.] Unless the board orders 
 13.13  otherwise, a registration for massage therapy or Oriental 
 13.14  bodywork therapy is automatically suspended if:  
 13.15     (1) a guardian of a therapist is appointed by order of a 
 13.16  court under sections 525.54 to 525.6199; 
 13.17     (2) the therapist is committed by order of a court under 
 13.18  chapter 253B; or 
 13.19     (3) the therapist is determined to be mentally incompetent, 
 13.20  mentally ill, chemically dependent, or a person dangerous to the 
 13.21  public by a court of competent jurisdiction within or outside 
 13.22  this state.  
 13.23     The registration remains suspended until the therapist is 
 13.24  restored to capacity by a court and, upon petition by the 
 13.25  therapist, the suspension is terminated by the board after a 
 13.26  hearing or upon agreement between the board and the therapist. 
 13.27     Subd. 3.  [TEMPORARY SUSPENSION.] In addition to any other 
 13.28  remedy provided by law, the board may, without a hearing, 
 13.29  temporarily suspend the registration of a massage therapist or 
 13.30  Oriental bodywork therapist if the board finds that the 
 13.31  therapist has violated a statute or rule which the board is 
 13.32  empowered to enforce and if continued practice by the therapist 
 13.33  would create a serious risk of harm to the public.  The 
 13.34  suspension shall take effect upon written notice to the 
 13.35  therapist specifying the statute or rule violated.  The 
 13.36  suspension shall remain in effect until the board issues a final 
 14.1   order in the matter after a hearing.  At the time it issues the 
 14.2   suspension notice, the board shall schedule a disciplinary 
 14.3   hearing to be held pursuant to the Administrative Procedure 
 14.4   Act.  The therapist shall be given at least 20 days' notice of 
 14.5   any hearing held under this subdivision.  The hearing shall be 
 14.6   scheduled for no later than 45 days after the issuance of the 
 14.7   suspension order. 
 14.8      Subd. 4.  [REINSTATEMENT.] The board may reinstate and 
 14.9   reissue a registration for massage therapy or Oriental bodywork 
 14.10  therapy, but as a condition may impose any disciplinary or 
 14.11  corrective measure that it might originally have imposed.  Any 
 14.12  therapist whose registration has been revoked, suspended, or 
 14.13  limited may have the registration reinstated when the board 
 14.14  finds that the action is warranted. 
 14.15     Sec. 14.  [148D.14] [REPORTING REQUIREMENT.] 
 14.16     Subdivision 1.  [LICENSED PROFESSIONALS.] A person licensed 
 14.17  or registered by a health-related licensing board, as defined in 
 14.18  section 214.01, subdivision 2, shall report to the board 
 14.19  personal knowledge of any conduct the person reasonably believes 
 14.20  constitutes grounds for disciplinary action under this chapter 
 14.21  by a registered therapist, including conduct indicating that the 
 14.22  therapist may be incompetent, may have engaged in unprofessional 
 14.23  or unethical conduct, or may be mentally or physically unable to 
 14.24  engage safely in the practice of massage therapy or Oriental 
 14.25  bodywork therapy. 
 14.26     Subd. 2.  [DEADLINES; FORMS.] Reports required by 
 14.27  subdivision 1 must be submitted no later than 30 days after the 
 14.28  reporter learns of the occurrence of the reportable event or 
 14.29  transaction.  The board may provide forms for the submission of 
 14.30  reports required by this section, may require that the reports 
 14.31  are submitted on the forms provided, and may adopt rules 
 14.32  necessary to assure prompt and accurate reporting. 
 14.33     Sec. 15.  [148D.15] [IMMUNITY.] 
 14.34     Subdivision 1.  [REPORTING.] Any person, health care 
 14.35  facility, business, or organization is immune from civil 
 14.36  liability or criminal prosecution for submitting in good faith a 
 15.1   report to the board under section 148D.14 or for otherwise 
 15.2   reporting in good faith to the board violations or alleged 
 15.3   violations of this chapter.  All such reports are civil 
 15.4   investigative data under section 13.39.  
 15.5      Subd. 2.  [INVESTIGATION.] Members of the board and persons 
 15.6   employed by the board or engaged in the investigation of 
 15.7   violations and in the preparation and management of charges of 
 15.8   violations of this chapter on behalf of the board or persons 
 15.9   participating in the investigation or testifying regarding 
 15.10  charges of violations are immune from civil liability and 
 15.11  criminal prosecution for any actions, transactions, or 
 15.12  publications in the execution of, or relating to, their duties 
 15.13  under this chapter. 
 15.14     Sec. 16.  [148D.16] [THERAPIST COOPERATION.] 
 15.15     A massage therapist or Oriental bodywork therapist who is 
 15.16  the subject of an investigation or who is questioned in 
 15.17  connection with an investigation by or on behalf of the board 
 15.18  shall cooperate fully with the investigation.  Requests by the 
 15.19  board for cooperation must be consistent with the nature and 
 15.20  seriousness of the conduct being investigated.  Cooperation 
 15.21  includes responding fully and promptly to questions raised by or 
 15.22  on behalf of the board relating to the subject of the 
 15.23  investigation; providing copies of client and other records in 
 15.24  the therapist's possession relating to the matter under 
 15.25  investigation as requested by the board; assisting the board in 
 15.26  its investigation, including executing releases for records as 
 15.27  requested by the board; and appearing at disciplinary or 
 15.28  educational conferences scheduled by the board. 
 15.29     Sec. 17.  [148D.17] [VIOLATIONS; PENALTY.] 
 15.30     Subdivision 1.  [VIOLATIONS DESCRIBED.] It is unlawful for 
 15.31  any person, corporation, limited liability company, or 
 15.32  association to: 
 15.33     (1) sell or fraudulently obtain or furnish any massage 
 15.34  therapy or Oriental bodywork therapy diploma, state 
 15.35  registration, or record, or aid or abet any to do so; 
 15.36     (2) use any title, abbreviation, or other designation 
 16.1   protected under section 148D.05, subdivision 1, unless duly 
 16.2   registered, except as otherwise authorized by statute or by the 
 16.3   board by rule; 
 16.4      (3) practice massage therapy or Oriental bodywork therapy 
 16.5   not in compliance with a registration that has been conditioned 
 16.6   by the board; 
 16.7      (4) use a title protected under section 148D.05, 
 16.8   subdivision 1, during the time a registration issued under this 
 16.9   chapter is suspended or revoked; and 
 16.10     (5) knowingly employ a person in the practice of massage 
 16.11  therapy or Oriental bodywork therapy who is practicing massage 
 16.12  therapy or Oriental bodywork therapy under cover of any diploma, 
 16.13  permit, license, registration, certificate, or record illegally 
 16.14  or fraudulently obtained or signed or issued unlawfully or under 
 16.15  fraudulent representation. 
 16.16     Subd. 2.  [PENALTY.] Any person, corporation, limited 
 16.17  liability company, or association violating any provisions of 
 16.18  subdivision 1 is guilty of a misdemeanor and shall be punished 
 16.19  according to law. 
 16.20     Subd. 3.  [LOCAL ENFORCEMENT.] A municipality may issue a 
 16.21  citation for any violation described in subdivision 1. 
 16.22     Subd. 4.  [NUISANCE VIOLATION.] A violation of any 
 16.23  provision of subdivision 1 shall constitute a nuisance for 
 16.24  purposes of section 617.81, subdivision 2. 
 16.25     Sec. 18.  [148D.18] [EDUCATION.] 
 16.26     Subdivision 1.  [MASSAGE THERAPY TRAINING 
 16.27  REQUIREMENTS.] The requirements for registration as a massage 
 16.28  therapist, unless raised by the board by rule, are: 
 16.29     (1) a minimum of 100 hours of anatomy, physiology, and 
 16.30  kinesiology; 
 16.31     (2) a minimum of 300 hours of theory, technique, and 
 16.32  supervised clinical or in-class practice-related modalities of 
 16.33  massage therapy, with at least 150 hours of those being 
 16.34  practical technique, with a passing score on a competency-based 
 16.35  examination demonstrating skills and ability in massage therapy 
 16.36  techniques; and 
 17.1      (3) a minimum of 100 hours of related coursework, which 
 17.2   must include, at a minimum, pathology; contraindications; 
 17.3   business practices and professional ethics; and cardiopulmonary 
 17.4   resuscitation, first aid, and infection control education. 
 17.5      Subd. 2.  [ORIENTAL BODYWORK THERAPY TRAINING 
 17.6   REQUIREMENTS.] The requirements for registration as an Oriental 
 17.7   bodywork therapist, unless raised by the board by rule, are: 
 17.8      (1) a minimum of 100 hours of anatomy and physiology and 
 17.9   Western pathology; 
 17.10     (2) a minimum of 100 hours of Oriental medical theory; 
 17.11     (3) a minimum of 160 hours of technique and 
 17.12  practice-related modalities of Oriental bodywork therapy with a 
 17.13  passing score on a competency-based examination demonstrating 
 17.14  skills and ability in Oriental bodywork therapy techniques; 
 17.15     (4) a minimum of 70 hours of supervised clinical 
 17.16  application; and 
 17.17     (5) a minimum of 70 hours of related coursework, which must 
 17.18  include, at a minimum, business practices and professional 
 17.19  ethics; law considerations; Oriental pathology; 
 17.20  contraindications; and cardiopulmonary resuscitation, first aid, 
 17.21  and infection control education.  
 17.22     Subd. 3.  [CONTINUING EDUCATION REQUIREMENTS FOR 
 17.23  REGISTRATION RENEWAL.] A person registered under this chapter 
 17.24  must complete all continuing education requirements prescribed 
 17.25  by the board. 
 17.26     Sec. 19.  [148D.19] [REGISTRATION RENEWAL AND FEES.] 
 17.27     Registrations expire biennially and must be renewed as 
 17.28  prescribed by rule.  Upon payment of the renewal fee, providing 
 17.29  evidence of maintaining current professional liability 
 17.30  insurance, and compliance with all the rules of the board, the 
 17.31  applicant shall be entitled to renewal of the registration.  
 17.32     Sec. 20.  [REGISTRATION DURING TRANSITIONAL PERIOD; MASSAGE 
 17.33  THERAPISTS.] 
 17.34     For a period of one year beginning on a date determined by 
 17.35  the board, an applicant may qualify for registration as a 
 17.36  massage therapist if the applicant does not meet the examination 
 18.1   and educational requirements in Minnesota Statutes, sections 
 18.2   148D.06 and 148D.18, by providing the following: 
 18.3      (1) a notarized affidavit by the applicant stating 
 18.4   completion of 100 hours of supervised massage therapy 
 18.5   instruction or training and any two of the following: 
 18.6      (i) a notarized affidavit by the applicant stating that the 
 18.7   applicant has been in practice for at least two years, with a 
 18.8   minimum of 150 documented client hours per year; 
 18.9      (ii) evidence of maintaining current professional liability 
 18.10  insurance; 
 18.11     (iii) evidence of maintaining current membership in a 
 18.12  national professional association; or 
 18.13     (iv) photocopies of ten weeks from the applicant's current 
 18.14  and/or past appointment books accompanied by an affidavit 
 18.15  stating that the appointments indicated are evidence of massage 
 18.16  therapy clientele; 
 18.17     (2) a notarized affidavit stating that the applicant has 
 18.18  practiced massage therapy in Minnesota for at least one year 
 18.19  prior to submitting the application and that the applicant has 
 18.20  had no convictions of a felony, gross misdemeanor, or 
 18.21  misdemeanor reasonably related to the practice of massage 
 18.22  therapy.  Conviction, as used in this clause, includes a 
 18.23  conviction of an offense that if committed in this state would 
 18.24  be considered a felony, gross misdemeanor, or misdemeanor 
 18.25  without regard to its designation elsewhere, or a criminal 
 18.26  proceeding where a finding or verdict of guilt is made or 
 18.27  returned but the adjudication of guilt is either withheld or not 
 18.28  entered; 
 18.29     (3) verification that the applicant is 18 years of age or 
 18.30  older; and 
 18.31     (4) a statement that the applicant will abide by the code 
 18.32  of ethics established by the board.  
 18.33     For renewal, the applicant must meet the requirements in 
 18.34  Minnesota Statutes, section 148D.18, subdivision 3.  
 18.35     Sec. 21.  [REGISTRATION DURING TRANSITIONAL PERIOD; 
 18.36  ORIENTAL BODYWORK THERAPISTS.] 
 19.1      For a period of one year beginning on a date determined by 
 19.2   the board, an applicant may qualify for registration as an 
 19.3   Oriental bodywork therapist if the applicant does not meet the 
 19.4   examination and educational requirements in Minnesota Statutes, 
 19.5   sections 148D.07 and 148D.18, by providing the following: 
 19.6      (1) a notarized affidavit by the applicant stating 
 19.7   completion of 100 hours of supervised Oriental bodywork therapy 
 19.8   instruction or training and any two of the following: 
 19.9      (i) a notarized affidavit by the applicant stating that the 
 19.10  applicant has been in practice for at least two years, with a 
 19.11  minimum of 150 documented client hours per year; 
 19.12     (ii) evidence of maintaining current professional liability 
 19.13  insurance; 
 19.14     (iii) evidence of maintaining current membership in a 
 19.15  national professional association; or 
 19.16     (iv) photocopies of ten weeks from the applicant's current 
 19.17  and/or past appointment books accompanied by an affidavit 
 19.18  stating that the appointments indicated are evidence of Oriental 
 19.19  bodywork clientele; 
 19.20     (2) a notarized affidavit stating that the applicant has 
 19.21  practiced Oriental bodywork therapy in Minnesota for at least 
 19.22  one year prior to submitting the application and that the 
 19.23  applicant has had no convictions of a felony, gross misdemeanor, 
 19.24  or misdemeanor reasonably related to the practice of massage 
 19.25  therapy or Oriental bodywork therapy.  Conviction, as used in 
 19.26  this clause, includes a conviction of an offense that if 
 19.27  committed in this state would be considered a felony, gross 
 19.28  misdemeanor, or misdemeanor without regard to its designation 
 19.29  elsewhere, or a criminal proceeding where a finding or verdict 
 19.30  of guilt is made or returned but the adjudication of guilt is 
 19.31  either withheld or not entered; 
 19.32     (3) verification that the applicant is 18 years of age or 
 19.33  older; and 
 19.34     (4) a statement that the applicant will abide by the code 
 19.35  of ethics established by the board. 
 19.36     For renewal, the applicant must meet the requirements in 
 20.1   Minnesota Statutes, sections 148D.18, subdivision 3, and 148D.19.
 20.2      Sec. 22.  [INITIAL ADVISORY COUNCIL.] 
 20.3      The terms of the initial members of the advisory council 
 20.4   shall be staggered as follows:  one massage therapist member 
 20.5   shall serve a one-year term; one public member and one Oriental 
 20.6   bodywork therapist member shall serve two-year terms; one 
 20.7   massage therapist member and one Oriental bodywork therapist 
 20.8   member shall serve three-year terms; and one public member and 
 20.9   one massage therapist member shall serve four-year terms.  The 
 20.10  initial therapist members need not be registered provided they 
 20.11  meet the standards in Minnesota Statutes, section 148D.06 or 
 20.12  148D.07. 
 20.13     Sec. 23.  [EFFECTIVE DATE.] 
 20.14     This article is effective 60 days following final enactment.
 20.15                             ARTICLE 2 
 20.16                       CONFORMING AMENDMENTS
 20.17     Section 1.  Minnesota Statutes 1998, section 116J.70, 
 20.18  subdivision 2a, is amended to read: 
 20.19     Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 20.20  "license" does not include the following:  
 20.21     (1) any occupational license or registration issued by a 
 20.22  licensing board listed in section 214.01 or any occupational 
 20.23  registration issued by the commissioner of health pursuant to 
 20.24  section 214.13; 
 20.25     (2) any license issued by a county, home rule charter city, 
 20.26  statutory city, township, or other political subdivision; 
 20.27     (3) any license required to practice the following 
 20.28  occupation regulated by the following sections:  
 20.29     (i) abstracters regulated pursuant to chapter 386; 
 20.30     (ii) accountants regulated pursuant to chapter 326; 
 20.31     (iii) adjusters regulated pursuant to chapter 72B; 
 20.32     (iv) architects regulated pursuant to chapter 326; 
 20.33     (v) assessors regulated pursuant to chapter 270; 
 20.34     (vi) athletic trainers regulated pursuant to chapter 148; 
 20.35     (vii) attorneys regulated pursuant to chapter 481; 
 20.36     (viii) auctioneers regulated pursuant to chapter 330; 
 21.1      (ix) barbers regulated pursuant to chapter 154; 
 21.2      (x) beauticians regulated pursuant to chapter 155A; 
 21.3      (xi) boiler operators regulated pursuant to chapter 183; 
 21.4      (xii) chiropractors regulated pursuant to chapter 148; 
 21.5      (xiii) collection agencies regulated pursuant to chapter 
 21.6   332; 
 21.7      (xiv) cosmetologists regulated pursuant to chapter 155A; 
 21.8      (xv) dentists, registered dental assistants, and dental 
 21.9   hygienists regulated pursuant to chapter 150A; 
 21.10     (xvi) detectives regulated pursuant to chapter 326; 
 21.11     (xvii) electricians regulated pursuant to chapter 326; 
 21.12     (xviii) mortuary science practitioners regulated pursuant 
 21.13  to chapter 149A; 
 21.14     (xix) engineers regulated pursuant to chapter 326; 
 21.15     (xx) insurance brokers and salespersons regulated pursuant 
 21.16  to chapter 60A; 
 21.17     (xxi) certified interior designers regulated pursuant to 
 21.18  chapter 326; 
 21.19     (xxii) massage therapists and Oriental bodywork therapists 
 21.20  regulated pursuant to chapter 148D; 
 21.21     (xxiii) midwives regulated pursuant to chapter 148; 
 21.22     (xxiii) (xxiv) nursing home administrators regulated 
 21.23  pursuant to chapter 144A; 
 21.24     (xxiv) (xxv) optometrists regulated pursuant to chapter 
 21.25  148; 
 21.26     (xxv) (xxvi) osteopathic physicians regulated pursuant to 
 21.27  chapter 147; 
 21.28     (xxvi) (xxvii) pharmacists regulated pursuant to chapter 
 21.29  151; 
 21.30     (xxvii) (xxviii) physical therapists regulated pursuant to 
 21.31  chapter 148; 
 21.32     (xxviii) (xxix) physician assistants regulated pursuant to 
 21.33  chapter 147A; 
 21.34     (xxix) (xxx) physicians and surgeons regulated pursuant to 
 21.35  chapter 147; 
 21.36     (xxx) (xxxi) plumbers regulated pursuant to chapter 326; 
 22.1      (xxxi) (xxxii) podiatrists regulated pursuant to chapter 
 22.2   153; 
 22.3      (xxxii) (xxxiii) practical nurses regulated pursuant to 
 22.4   chapter 148; 
 22.5      (xxxiii) (xxxiv) professional fund raisers regulated 
 22.6   pursuant to chapter 309; 
 22.7      (xxxiv) (xxxv) psychologists regulated pursuant to chapter 
 22.8   148; 
 22.9      (xxxv) (xxxvi) real estate brokers, salespersons, and 
 22.10  others regulated pursuant to chapters 82 and 83; 
 22.11     (xxxvi) (xxxvii) registered nurses regulated pursuant to 
 22.12  chapter 148; 
 22.13     (xxxvii) (xxxviii) securities brokers, dealers, agents, and 
 22.14  investment advisers regulated pursuant to chapter 80A; 
 22.15     (xxxviii) (xxxix) steamfitters regulated pursuant to 
 22.16  chapter 326; 
 22.17     (xxxix) (xl) teachers and supervisory and support personnel 
 22.18  regulated pursuant to chapter 125; 
 22.19     (xl) (xli) veterinarians regulated pursuant to chapter 156; 
 22.20     (xli) (xlii) water conditioning contractors and installers 
 22.21  regulated pursuant to chapter 326; 
 22.22     (xlii) (xliii) water well contractors regulated pursuant to 
 22.23  chapter 103I; 
 22.24     (xliii) (xliv) water and waste treatment operators 
 22.25  regulated pursuant to chapter 115; 
 22.26     (xliv) (xlv) motor carriers regulated pursuant to chapter 
 22.27  221; 
 22.28     (xlv) (xlvi) professional corporations regulated pursuant 
 22.29  to chapter 319A or professional firms regulated under chapter 
 22.30  319B; 
 22.31     (xlvi) (xlvii) real estate appraisers regulated pursuant to 
 22.32  chapter 82B; 
 22.33     (xlvii) (xlviii) residential building contractors, 
 22.34  residential remodelers, residential roofers, manufactured home 
 22.35  installers, and specialty contractors regulated pursuant to 
 22.36  chapter 326; 
 23.1      (4) any driver's license required pursuant to chapter 171; 
 23.2      (5) any aircraft license required pursuant to chapter 360; 
 23.3      (6) any watercraft license required pursuant to chapter 
 23.4   86B; 
 23.5      (7) any license, permit, registration, certification, or 
 23.6   other approval pertaining to a regulatory or management program 
 23.7   related to the protection, conservation, or use of or 
 23.8   interference with the resources of land, air, or water, which is 
 23.9   required to be obtained from a state agency or instrumentality; 
 23.10  and 
 23.11     (8) any pollution control rule or standard established by 
 23.12  the pollution control agency or any health rule or standard 
 23.13  established by the commissioner of health or any licensing rule 
 23.14  or standard established by the commissioner of human services.  
 23.15     Sec. 2.  Minnesota Statutes 1998, section 144.335, 
 23.16  subdivision 1, is amended to read: 
 23.17     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 23.18  section, the following terms have the meanings given them: 
 23.19     (a) "Patient" means a natural person who has received 
 23.20  health care services from a provider for treatment or 
 23.21  examination of a medical, psychiatric, or mental condition, the 
 23.22  surviving spouse and parents of a deceased patient, or a person 
 23.23  the patient appoints in writing as a representative, including a 
 23.24  health care agent acting pursuant to chapter 145C, unless the 
 23.25  authority of the agent has been limited by the principal in the 
 23.26  principal's health care directive.  Patient includes a client 
 23.27  under chapter 148D.  Except for minors who have received health 
 23.28  care services pursuant to sections 144.341 to 144.347, in the 
 23.29  case of a minor, patient includes a parent or guardian, or a 
 23.30  person acting as a parent or guardian in the absence of a parent 
 23.31  or guardian. 
 23.32     (b) "Provider" means (1) any person who furnishes health 
 23.33  care services and is regulated to furnish the services pursuant 
 23.34  to chapter 147, 147A, 147B, 147C, 148, 148B, 148C, 148D, 150A, 
 23.35  151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a home 
 23.36  care provider licensed under section 144A.46; (3) a health care 
 24.1   facility licensed pursuant to this chapter or chapter 144A; (4) 
 24.2   a physician assistant registered under chapter 147A; and (5) an 
 24.3   unlicensed mental health practitioner regulated pursuant to 
 24.4   sections 148B.60 to 148B.71. 
 24.5      (c) "Individually identifiable form" means a form in which 
 24.6   the patient is or can be identified as the subject of the health 
 24.7   records. 
 24.8      Sec. 3.  Minnesota Statutes 1998, section 214.23, 
 24.9   subdivision 1, is amended to read: 
 24.10     Subdivision 1.  [COMMISSIONER OF HEALTH.] The board shall 
 24.11  enter into a contract with the commissioner to perform the 
 24.12  functions in subdivisions 2 and 3.  The contract shall provide 
 24.13  that: 
 24.14     (1) unless requested to do otherwise by a regulated person, 
 24.15  a board shall refer all regulated persons infected with HIV or 
 24.16  HBV to the commissioner; 
 24.17     (2) the commissioner may choose to refer any regulated 
 24.18  person who is infected with HIV or HBV as well as all 
 24.19  information related thereto to the person's board at any time 
 24.20  for any reason, including but not limited to:  the degree of 
 24.21  cooperation and compliance by the regulated person; the 
 24.22  inability to secure information or the medical records of the 
 24.23  regulated person; or when the facts may present other possible 
 24.24  violations of the regulated persons practices act.  Upon request 
 24.25  of the regulated person who is infected with HIV or HBV the 
 24.26  commissioner shall refer the regulated person and all 
 24.27  information related thereto to the person's board.  Once the 
 24.28  commissioner has referred a regulated person to a board, the 
 24.29  board may not thereafter submit it to the commissioner to 
 24.30  establish a monitoring plan unless the commissioner of health 
 24.31  consents in writing; 
 24.32     (3) a board shall not take action on grounds relating 
 24.33  solely to the HIV or HBV status of a regulated person until 
 24.34  after referral by the commissioner; and 
 24.35     (4) notwithstanding sections 13.39 and 13.41 and chapters 
 24.36  147, 147A, 148, 148D, 150A, 153, and 214, a board shall forward 
 25.1   to the commissioner any information on a regulated person who is 
 25.2   infected with HIV or HBV that the department of health requests. 
 25.3      Sec. 4.  Minnesota Statutes 1998, section 604A.01, 
 25.4   subdivision 2, is amended to read: 
 25.5      Subd. 2.  [GENERAL IMMUNITY FROM LIABILITY.] (a) A person 
 25.6   who, without compensation or the expectation of compensation, 
 25.7   renders emergency care, advice, or assistance at the scene of an 
 25.8   emergency or during transit to a location where professional 
 25.9   medical care can be rendered, is not liable for any civil 
 25.10  damages as a result of acts or omissions by that person in 
 25.11  rendering the emergency care, advice, or assistance, unless the 
 25.12  person acts in a willful and wanton or reckless manner in 
 25.13  providing the care, advice, or assistance.  This subdivision 
 25.14  does not apply to a person rendering emergency care, advice, or 
 25.15  assistance during the course of regular employment, and 
 25.16  receiving compensation or expecting to receive compensation for 
 25.17  rendering the care, advice, or assistance. 
 25.18     (b) For the purposes of this section, the scene of an 
 25.19  emergency is an area outside the confines of a hospital or other 
 25.20  institution that has hospital facilities, or an office of a 
 25.21  person licensed to practice one or more of the healing arts 
 25.22  under chapter 147, 147A, 148, 148D, 150A, or 153.  The scene of 
 25.23  an emergency includes areas threatened by or exposed to 
 25.24  spillage, seepage, fire, explosion, or other release of 
 25.25  hazardous materials, and includes ski areas and trails.  
 25.26     (c) For the purposes of this section, "person" includes a 
 25.27  public or private nonprofit volunteer firefighter, volunteer 
 25.28  police officer, volunteer ambulance attendant, volunteer first 
 25.29  provider of emergency medical services, volunteer ski patroller, 
 25.30  and any partnership, corporation, association, or other entity.  
 25.31     (d) For the purposes of this section, "compensation" does 
 25.32  not include payments, reimbursement for expenses, or pension 
 25.33  benefits paid to members of volunteer organizations. 
 25.34     (e) For purposes of this section, "emergency care" includes 
 25.35  providing emergency medical care by using or providing an 
 25.36  automatic external defibrillator, unless the person on whom the 
 26.1   device is to be used objects.  "Automatic external 
 26.2   defibrillator" means a medical device heart monitor and 
 26.3   defibrillator that: 
 26.4      (1) has received approval of its premarket notification, 
 26.5   filed pursuant to United States Code, title 21, section 360(k), 
 26.6   from the United States Food and Drug Administration; 
 26.7      (2) is capable of recognizing the presence or absence of 
 26.8   ventricular fibrillation or rapid ventricular tachycardia, and 
 26.9   is capable of determining, without intervention by an operator, 
 26.10  whether defibrillation should be performed; and 
 26.11     (3) upon determining that defibrillation should be 
 26.12  performed, automatically charges and requests delivery of an 
 26.13  electrical impulse to an individual's heart. 
 26.14     Sec. 5.  [EFFECTIVE DATE.] 
 26.15     This article is effective 60 days following final enactment.