1.1 	A bill for an act
1.2 	relating to health occupations; establishing licensure for massage therapists; 
1.3 	establishing fees; requiring rulemaking; providing penalties;amending 
1.4 	Minnesota Statutes 2008, sections 116J.70, subdivision 2a; 214.01, subdivision 
1.5 	2; proposing coding for new law as Minnesota Statutes, chapter 147F.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	ARTICLE 1
1.8 	MASSAGE THERAPY

1.9 	Section 1. [147F.01] DEFINITIONS.
1.10 		Subdivision 1.Scope. The following terms used in this chapter have the meanings 
1.11 	given unless otherwise provided by text.
1.12 		Subd. 2.Advertise. "Advertise" means to publish, display, or disseminate 
1.13 	information, and includes, but is not limited to, the issuance of any card, sign, direct mail, 
1.14 	or causing or permitting in one's name for any sign or marking on or in a building, vehicle, 
1.15 	or structure, or in a newspaper, magazine, directory, or any announcement or display via 
1.16 	any televised, computerized, electronic, or telephonic network or media.
1.17 		Subd. 3.Applicant. "Applicant" means a person applying for massage therapy 
1.18 	licensure.
1.19 		Subd. 4.Board. "Board" means the Minnesota Board of Massage Therapy as 
1.20 	established by this chapter.
1.21 		Subd. 5.Board-approved program. "Board-approved program" means an 
1.22 	instructional program which has been approved by the board as meeting the minimum 
1.23 	requirements for training massage therapists for initial training or continuing education as 
1.24 	established by this chapter or determined by rule.
2.1 		Subd. 6.Compensation. "Compensation" means the payment, donation, advance, 
2.2 	loan, or contribution of:
2.3 	(1) money, including gratuities, goods, services, or other things of value; and
2.4 	(2) a promise to deliver money, including gratuities, goods, services, or other things 
2.5 	of value.
2.6 		Subd. 7.Contact hour. "Contact hour" means 50-60 minutes of any one clock 
2.7 	hour during which the student participates in a learning activity under the supervision 
2.8 	of a faculty member of a school, board-approved program, or health care professional 
2.9 	licensed by this state.
2.10 		Subd. 8.Credentialing examination. "Credentialing examination" means a 
2.11 	massage therapy competency assessment administered by a national testing organization, 
2.12 	that is psychometrically and statistically valid and based on a job task analysis.
2.13 		Subd. 9.Massage or massage therapy. "Massage" or "massage therapy" means a 
2.14 	health care service that involves systematic and structured touch, assessment and palpation, 
2.15 	pressure and movement of the soft tissues of the recipient for therapeutic purposes.
2.16 		Subd. 10.Massage therapist. "Massage therapist" means a health care professional 
2.17 	who is licensed under this chapter for the practice of massage therapy for compensation.
2.18 		Subd. 11.Municipality. "Municipality" means a county, town, city, or other 
2.19 	municipal corporation or political subdivision of this state.
2.20 		Subd. 12.Person. "Person" means an individual, partnership and association, 
2.21 	company, or corporation, its employees, contracted associates, or representatives.
2.22 		Subd. 13.Practice of massage therapy. "Practice of massage therapy" means 
2.23 	to engage professionally for compensation or volunteer work in massage therapy or 
2.24 	the instruction of massage therapy technique coursework within the scope of practice 
2.25 	established according to this chapter.
2.26 		Subd. 14.Student massage therapist. "Student massage therapist" means an 
2.27 	individual who engages in the study or practice of massage therapy without compensation.
2.28 		Subd. 15.Thermal application. "Thermal application" means the topical 
2.29 	application of cold or heat to superficial tissues.

2.30 	Sec. 2. [147F.03] LICENSURE.
2.31 		Subdivision 1.Licensure required. (a) Unless specifically exempted by subdivision 
2.32 	3, a person may not claim to be, offer to be, or engage in being in the practice of massage 
2.33 	therapy without being licensed under this chapter.
2.34 	(b) Each licensed massage therapist shall conspicuously display the license in the 
2.35 	therapist's place of practice.
3.1 		Subd. 2.Designation. (a) An individual regulated by this chapter is designated 
3.2 	as a "licensed massage therapist" or "LMT." No individual may use the titles "licensed 
3.3 	massage therapist" or "LMT" or the terms "massage therapy," "massage therapist," 
3.4 	"licensed masseur," or "licensed masseuse" in connection with the person's name, or any 
3.5 	other words, letters, abbreviations, or insignia indicating or implying that the individual is 
3.6 	licensed by the state unless they have been licensed according to this chapter.
3.7 	(b) The board may adopt rules for the implementation of this section, including the 
3.8 	identification of terms or references that may be used only by licensed massage therapists.
3.9 	(c) A person licensed according to this chapter for the practice of massage therapy 
3.10 	who has received certificates from organizations, agencies, or educational providers is not 
3.11 	prohibited from using the term "certified" as well as terms, letters, or any figures, signs, 
3.12 	or insignia to indicate that certification, provided the certifying body is clearly identified 
3.13 	in the advertising.
3.14 	(d) A person whose license under this chapter has been revoked by the board is 
3.15 	prohibited from the practice of massage therapy.
3.16 		Subd. 3.Other health care providers and complementary and alternative 
3.17 	health practitioners. (a) Nothing in this section shall limit the practice of any person 
3.18 	licensed, registered, or certified in this state while engaged within the scope and practice 
3.19 	of a profession with established standards and ethics.
3.20 	(b) Nothing in this section shall prohibit any person in this state who is engaged 
3.21 	within the scope and in the role of a profession with established standards and ethics, from:
3.22 	(1) using touch to affect the energy systems, acupoints, Qi meridians, and channels 
3.23 	of energy of the human body including healing touch, polarity therapy bodywork, Reiki, 
3.24 	therapeutic touch, and the forms of Asian bodywork therapy, including acupressure, 
3.25 	Amma, Jin Shin Do Bodymind acupressure, Qigong, Shiatsu, Tuina, Nuad Bo 
3.26 	'Rarn/Traditional Thai Bodywork, Chi Nei Tsang, and Korean hand therapy;
3.27 	(2) using touch, words, and directed movement to deepen awareness of existing 
3.28 	patterns of movement in the body as well as to suggest new possibilities of movement, 
3.29 	including the Feldenkrais method of somatic education, the Alexander technique, the 
3.30 	Trager approach to movement education, and body-mind centering;
3.31 	(3) using touch to effect change in the structure of the body while engaged in the 
3.32 	practice of structural integration including Rolfing structural integration; the Rolf method 
3.33 	of structural integration and Hellerwork;
3.34 	(4) using touch to apply specific pressure to reflex points found on the feet, hands, or 
3.35 	ears including the technique known as reflexology;
4.1 	(5) using touch to effect the circulation of lymphatic fluid, or the pulse of 
4.2 	cerebrospinal fluid including, but not limited to, manual lymph drainage, and craniosacral 
4.3 	therapy;
4.4 	(6) using touch for the application of practices referred to as colon hydrotherapy, 
4.5 	Thai Yoga bodywork, Rosen method, Orthobionomy, and Ayurveda; and
4.6 	(7) the natural health procedures, practices, and treatments in section 146A.01, 
4.7 	subdivision 4.
4.8 	(c) Licensure is not required for the practice of massage therapy by a resident of 
4.9 	another state who is licensed, certified, or registered in the resident's home state, if the 
4.10 	credential is required in that state, and is in Minnesota for no more than 36 days in any 
4.11 	12-month period under one of the following circumstances:
4.12 	(1) the person is a member, contractee, or employee of an amateur or professional 
4.13 	sports team, dance or theater troupe, or other traveling athletic or professional organization;
4.14 	(2) the person is part of an emergency response team working in conjunction with 
4.15 	disaster relief officials;
4.16 	(3) the person is consulting with a massage therapist or other health care professional 
4.17 	duly licensed in this state;
4.18 	(4) the person is conducting clinical research in conjunction with a massage therapist 
4.19 	or other health care professional licensed in this state;
4.20 	(5) the person is a participant in the clinical portion of a massage therapy course, 
4.21 	seminar, workshop, or conference presentation;
4.22 	(6) the person is demonstrating massage therapy techniques as a component of 
4.23 	teaching a course, seminar, workshop, or making a conference presentation, provided:
4.24 	(i) the instructor is not being represented as being licensed under this chapter;
4.25 	(ii) the instructor does not provide massage therapy instruction more than 300 hours 
4.26 	in any 12-month period in this state; and
4.27 	(iii) the instructor only receives compensation for massage therapy as an instructor 
4.28 	and the demonstration is only available to participants enrolled in the course, seminar, 
4.29 	workshop, or conference presentation, or to persons invited to participate as clients.
4.30 	(d) Licensure is not required for students enrolled in a massage therapy program 
4.31 	recognized by the board while the student is completing clinical practice that is under the 
4.32 	supervision of a practitioner licensed, certified, or registered in this state. The student may 
4.33 	not receive compensation for clinical practice and must be clearly identified as a student 
4.34 	massage therapist.
5.1 	(e) Licensure is not required for Native American healers or member of religious 
5.2 	clergy using traditional healing practices, provided that their services are not designated or 
5.3 	implied to be massage or massage therapy.
5.4 		Subd. 4.Scope of practice. (a) The scope of practice of massage therapy includes:
5.5 	(1) initial and ongoing assessment through observation, palpation, and kinesiological 
5.6 	or orthopedic-style assessments for determining suitability for the most efficient provision 
5.7 	of massage therapy care;
5.8 	(2) use of any or all of the following techniques using the hands, forearms, elbows, 
5.9 	knees or feet, or handheld mechanical or electrical devices that mimic or enhance the 
5.10 	actions of the human hands:
5.11 	(i) effleurage or gliding;
5.12 	(ii) petrissage or kneading;
5.13 	(iii) vibration and jostling;
5.14 	(iv) friction;
5.15 	(v) tapotement or percussion;
5.16 	(vi) compression;
5.17 	(vii) fascial manipulation; and
5.18 	(viii) passive and active stretching within the normal anatomical range of motion;
5.19 	(3) application and use of any of the following:
5.20 	(i) oils, lotions, gels, rubbing alcohol, or powders for the purpose of lubricating 
5.21 	the skin to be massaged;
5.22 	(ii) essential oils or creams with the exception of prescription-requiring medicinal 
5.23 	creams;
5.24 	(iii) hot or cold stones;
5.25 	(iv) salt glows, wraps, or steam bath cabinets; and
5.26 	(v) thermal applications; and
5.27 	(4) accepting a referral to provide services within the scope of practice of massage 
5.28 	therapy as an ancillary or adjunct treatment concomitant to the care of the referring 
5.29 	provider whose scope of practice includes making a diagnosis.
5.30 	(b) The practice of massage therapy does not include any of the following:
5.31 	(1) any form of a diagnosis of illness or disease;
5.32 	(2) prescription of drugs or medicines;
5.33 	(3) intentional adjusting, manipulating, or mobilizing any articulations of the body 
5.34 	or spine by means of a high velocity, low amplitude thrusting force, or as described in 
5.35 	section 146.23 or 148.01; or
5.36 	(4) application of microwave, ultrasound, laser, or injection therapy or moxibustion.
6.1 		Subd. 5.Prohibited from practicing. A person whose license under this chapter 
6.2 	has been revoked by the board is prohibited from practicing massage therapy.
6.3 		Subd. 6.Penalty. A person who violates any provision of this chapter is guilty 
6.4 	of a misdemeanor.

6.5 	Sec. 3. [147F.04] LICENSURE REQUIREMENTS.
6.6 		Subdivision 1.General requirements for licensure. (a) To be eligible for licensure, 
6.7 	an applicant must:
6.8 	(1) submit a completed application on a form provided by the board along with all 
6.9 	fees required and information that includes:
6.10 	(i) the applicant's name, Social Security number, home address and telephone 
6.11 	number, and business address and telephone number; 
6.12 	(ii) a list of any degrees received from educational institutions;
6.13 	(iii) a description of the applicant's professional training;
6.14 	(iv) a description of all professional disciplinary actions initiated against the 
6.15 	applicant in any jurisdiction or municipality; and
6.16 	(v) any history of drug or alcohol abuse and any misdemeanor or felony conviction;
6.17 	(2) provide proof, as required by the board, of:
6.18 	(i) having obtained a high school diploma or its equivalent;
6.19 	(ii) being 18 years of age or older;
6.20 	(iii) current cardiopulmonary resuscitation and first aid certification; and
6.21 	(iv) current professional liability insurance coverage, with a minimum of $1,000,000 
6.22 	of coverage per occurrence;
6.23 	(3) unless licensed under subdivision 3 or 4, submit a degree, diploma, certificate 
6.24 	of completion, or transcripts verifying completion of a massage therapy program 
6.25 	consisting of a minimum of 500 contact hours of course work and clinical training from a 
6.26 	board-approved school;
6.27 	(4) unless licensed under subdivision 3 or 4, submit proof of having passed a 
6.28 	credentialing examination approved by the board;
6.29 	(5) submit to procedures specified by the board for obtaining a criminal background 
6.30 	check. The applicant shall pay fees associated with obtaining the criminal background 
6.31 	check. The background check shall include records of the Minnesota Bureau of Criminal 
6.32 	Apprehension and the Federal Bureau of Investigation and the results shall be forwarded 
6.33 	directly to the board; and
6.34 	(6) sign a waiver authorizing the board to obtain access to the applicant's records in 
6.35 	this state or any state in which the applicant has engaged in the practice of massage therapy.
7.1 	(b) The board may ask the applicant to provide any additional information necessary 
7.2 	to ensure the applicant is able to practice with reasonable skill and safety to the public.
7.3 	(c) The board may investigate information provided by the applicant to determine 
7.4 	whether the information is accurate and complete.
7.5 	(d) The board shall notify the applicant of action taken on the application and the 
7.6 	reasons for denying licensure, if licensure is denied.
7.7 		Subd. 2.Licensure prohibited. The board shall deny an application for certification 
7.8 	if the applicant has been convicted of any of the following:
7.9 	(1) prostitution as defined under section 609.321, 609.324, or 609.3242;
7.10 	(2) sexual attack as defined under section 611A.21;
7.11 	(3) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or
7.12 	(4) is a registered sex offender under section 243.166.
7.13 		Subd. 3.Licensure by endorsement. (a) To be eligible for licensure by 
7.14 	endorsement, the applicant shall:
7.15 	(1) meet the requirements for licensure in subdivision 1, paragraph (a), clauses (1), 
7.16 	(2), (5), and (6), as well as the requirements of subdivision 1, paragraphs (b) and (c);
7.17 	(2) provide documentation acceptable to the board demonstrating the applicant 
7.18 	holds a current massage therapy license, certification, or registration from another state, 
7.19 	Canadian province, or foreign country, whose standards are at least equivalent to those of 
7.20 	this state; and
7.21 	(3) provide proof, determined by the board, demonstrating the applicant's massage 
7.22 	therapy license, certification, or registration from another state is in good standing.
7.23 	(b) In the event that a disciplinary proceeding or unresolved complaint is pending 
7.24 	for a complaint regarding an action of the applicant that would constitute a violation of 
7.25 	this chapter or the rules established by the board, the applicant shall not be licensed in this 
7.26 	state until the proceeding or complaint has been resolved in the applicant's favor. If the 
7.27 	complaint is not resolved in favor of the applicant, licensure shall be denied.
7.28 	(c) Licenses issued by endorsement shall expire on the same schedule as licenses 
7.29 	issued under subdivision 1.
7.30 	(d) Licenses issued by endorsement shall undergo the same expiration procedures 
7.31 	and be renewed by meeting the same requirements as established in subdivisions 5 to 13.
7.32 		Subd. 4.Licensure by grandfathering. (a) To be eligible for licensure by 
7.33 	grandfathering, the applicant shall:
7.34 	(1) meet the requirements for licensure in subdivision 1, paragraphs (a), clauses (1), 
7.35 	(2), (5), and (6), and (b) and (c);
8.1 	(2) provide documentation specified by the board demonstrating the applicant has 
8.2 	met at least one of the following qualifications:
8.3 	(i) has successfully completed a massage therapy training program consisting of at 
8.4 	least 500 contact hours;
8.5 	(ii) has passed a board-approved credentialing examination;
8.6 	(iii) has for at least two years prior to the effective date of this chapter been an active 
8.7 	member as a massage therapist of a board-approved national professional massage therapy 
8.8 	association that was established prior to January 1, 2000, that offers professional liability 
8.9 	insurance as a benefit of membership, and has an established code of professional ethics, 
8.10 	and can send current membership standing directly to the board from that professional 
8.11 	organization;
8.12 	(iv) has been involved in the practice of massage therapy for an average of two hours 
8.13 	per week for five years prior to the effective date of this chapter;
8.14 	(v) has been involved in the practice of massage therapy for an average of two hours 
8.15 	per week for four years prior to the effective date of this chapter and has successfully 
8.16 	completed 100 contact hours of training in massage therapy; or
8.17 	(vi) has been involved in the practice of massage therapy for an average of two 
8.18 	hours per week for two years prior to the effective date of this chapter and has successfully 
8.19 	completed 300 contact hours of training in massage therapy.
8.20 	(b) Massage therapists issued a license by grandfathering must follow the same 
8.21 	expiration procedures and be renewed by meeting the same requirements in subdivisions 5 
8.22 	to 13.
8.23 	(c) This subdivision is effective for one year after the first date the board has made 
8.24 	applications available.
8.25 		Subd. 5.License expiration. Licenses issued under this chapter shall expire 
8.26 	biennially.
8.27 		Subd. 6.Renewal. To renew a license the applicant must:
8.28 	(1) biennially complete a renewal application on a form provided by the board;
8.29 	(2) submit the renewal fee;
8.30 	(3) provide evidence of successful completion of 12 hours of approved continuing 
8.31 	education activities in section 147F.09; and
8.32 	(4) submit any additional information within 30 days of the board's request to clarify 
8.33 	information presented in the renewal application, or the renewal request shall be denied.
8.34 		Subd. 7.Change of address. A licensed massage therapist who changes mailing 
8.35 	addresses must inform the board within 30 days, in writing, of the new address. All notices 
8.36 	or other correspondences mailed to or served on a licensed massage therapist by the board 
9.1 	at the licensed massage therapist's address on file with the board shall be considered as 
9.2 	having been received by the licensed massage therapist.
9.3 		Subd. 8.License renewal notice. At least 30 days before the license renewal 
9.4 	date, the board shall send out a renewal notice to the last known address of the licensed 
9.5 	massage therapist on file. The notice must include a renewal application and a notice of 
9.6 	fees required for renewal. It must also inform the licensed massage therapist that licensure 
9.7 	will expire without further action by the board if the application for license renewal is not 
9.8 	received by the deadline for renewal. The licensed massage therapist's failure to receive 
9.9 	this notice shall not relieve the licensed massage therapist of the obligation to meet the 
9.10 	deadline or other requirements for license renewal. Failure to receive a notice is not 
9.11 	grounds for challenging expiration of licensure status.
9.12 		Subd. 9.Renewal deadline. The renewal application and fee must be postmarked 
9.13 	on or before July 31 of the year of renewal, or as determined by the board.
9.14 		Subd. 10.Inactive status and return to active status. (a) A license may be placed 
9.15 	in inactive status upon application to the board by the licensed massage therapist and upon 
9.16 	payment of an inactive status fee.
9.17 	(b) A licensed massage therapist seeking restoration from inactive to active status 
9.18 	must pay the current renewal fees.
9.19 	(c) Prior to submitting an application to regain licensure status, an applicant must 
9.20 	meet all the criteria for renewal specified in subdivision 6, including continuing education 
9.21 	hours equivalent to one hour for each month of inactive status. If the inactive status 
9.22 	extends beyond five years, a qualifying score on a credentialing examination or completion 
9.23 	of a board-approved eight-week supervised practical experience is required. If the licensed 
9.24 	massage therapist intends to regain active licensure by means of a board-approved 
9.25 	eight-week supervised practical experience, the licensed massage therapist shall be granted 
9.26 	temporary licensure for a period of no more than six months.
9.27 	(d) Inactive status may also be granted by the board upon written request of the 
9.28 	applicant or the applicant's representative with documentation as determined acceptable 
9.29 	by the board for special circumstances, including but not limited to:
9.30 	(1) prolonged illness, temporary disability, or other health concerns;
9.31 	(2) active miliary service;
9.32 	(3) officially declared disasters; or
9.33 	(4) other board-approved circumstances constituting a hardship.
9.34 		Subd. 11.Licensure following lapse of licensure status for two years or less. For 
9.35 	any individual whose licensure status has lapsed for two years or less, to regain licensure 
9.36 	status, the individual must:
10.1 	(1) apply for licensure renewal according to subdivision 5;
10.2 	(2) document compliance with the continuing education requirements of section 
10.3 	147F.09 since the licensed massage therapist's last renewal; and
10.4 	(3) submit the fees required under section 147.19 for the period not licensed, 
10.5 	including the fee for late renewal.
10.6 		Subd. 12.Cancellation due to nonrenewal. The board shall not renew, reissue, 
10.7 	reinstate, or restore a license that has lapsed and has not been renewed within two licensure 
10.8 	renewal cycles. A licensed massage therapist whose license is canceled for nonrenewal 
10.9 	must obtain a new license by applying for licensure and fulfilling all requirements in 
10.10 	existence for initial licensure as a licensed massage therapist.
10.11 		Subd. 13.Cancellation of license in good standing. (a) A licensed massage 
10.12 	therapist holding an active license as a licensed massage therapist in this state may, upon 
10.13 	approval of the board, be granted licensure cancellation if the board is not investigating the 
10.14 	licensee as a result of a complaint or information received, or if the board has not begun 
10.15 	disciplinary proceedings against the licensed massage therapist. Any action by the board 
10.16 	shall be reported as a cancellation of licensure in good standing.
10.17 	(b) A licensed massage therapist who receives board approval for licensure 
10.18 	cancellation is not entitled to a refund of any license fees paid for the licensure period in 
10.19 	which the cancellation of the license occurred.
10.20 	(c) To obtain licensure after cancellation, a licensed massage therapist must obtain a 
10.21 	new license by applying for licensure and fulfilling the requirements then in existence for 
10.22 	obtaining an initial license as a massage therapist.
10.23 		Subd. 14.Temporary permit. The board may issue a temporary permit to practice 
10.24 	massage therapy to an applicant eligible for licensure under this section, only if the 
10.25 	application for licensure is complete, all applicable requirements in this section have been 
10.26 	met, and a nonrefundable fee set by the board has been paid. The permit remains valid 
10.27 	only until the meeting of the board, where a decision is made on the massage therapist's 
10.28 	application for licensure.

10.29 	Sec. 4. [147F.05] MASSAGE THERAPY SCHOOL APPROVAL; EXPIRATION 
10.30 	SCHEDULE.
10.31 	(a) A person, institution, or school offering a massage therapy program of instruction 
10.32 	must file a completed application for approval of the program by the board on forms 
10.33 	provided by the board along with required fees.
10.34 	(b) The completed application shall provide proof that at least one of the following 
10.35 	criteria have been met:
11.1 	(1) documentation showing current accreditation by an agency recognized by the 
11.2 	United States Department of Education for any professional program offered by the school 
11.3 	for which the contact hours required for successful completion total 500 hours or more; or
11.4 	(2) a curriculum statement showing the contact hours devoted to each subject with 
11.5 	the following minimums, for a combined total of at least 500 contact hours:
11.6 	(i) 120 combined hours in science subjects of:
11.7 	(A) anatomy and physiology;
11.8 	(B) kinesiology;
11.9 	(C) pathology; and
11.10 	(D) health and hygiene and universal precautions;
11.11 	(ii) 340 combined hours in clinical and practical subjects of:
11.12 	(A) massage therapy history, theory, and research;
11.13 	(B) massage therapy technique;
11.14 	(C) techniques related to massage therapy;
11.15 	(D) supervised practice;
11.16 	(E) professional ethics and standards;
11.17 	(F) business practices; and
11.18 	(G) conditions which constitute a contraindication to the practice of massage therapy.
11.19 	(c) A listing of the instructional staff and their qualifications as follows:
11.20 	(1) lead instructors of the clinical and practical subjects shall be massage therapists 
11.21 	with three years or more of experience in the practice of massage therapy who:
11.22 	(i) prior to the effective date of this chapter, could qualify to be a licensed massage 
11.23 	therapist; and
11.24 	(ii) after the licensure effective date of this chapter, holds a current massage therapy 
11.25 	license;
11.26 	(2) lead instructors of the science subjects shall either:
11.27 	(i) be massage therapists with three years or more of experience in the practice 
11.28 	of massage therapy who:
11.29 	(A) prior to the effective date of this chapter, could qualify to be a licensed massage 
11.30 	therapist; and
11.31 	(B) after the licensure effective date of this chapter, holds a current massage therapy 
11.32 	license; or
11.33 	(ii) have certification or specific higher education or experience in the subject area 
11.34 	they are teaching.
11.35 	(d) Approval of a massage therapy school shall expire biannually and shall be 
11.36 	renewed by the same process specified in this section.

12.1 	Sec. 5. [147F.07] BOARD CREATION; DUTIES AND POWERS.
12.2 		Subdivision 1.Creation. The Minnesota Board of Massage Therapy is established 
12.3 	under this chapter and consists of six members appointed by the governor.
12.4 		Subd. 2.Membership. Members of the board must have been residents of the state 
12.5 	of Minnesota for three years immediately preceding appointment. Four members must 
12.6 	be massage therapists with at least four years of experience in the practice of massage 
12.7 	therapy in Minnesota. The professional members first appointed need not be licensed 
12.8 	under this chapter for appointment to their first terms on the board, but must possess the 
12.9 	qualifications necessary for licensure under this chapter. Two other members must be 
12.10 	public members as defined under section 214.02. The public members must be consumers 
12.11 	of massage therapy services or caregivers of those utilizing such services.
12.12 		Subd. 3.Membership terms; officers; quorum; vacancies; expenses. (a) 
12.13 	Members must be appointed for staggered terms of four years, with terms beginning 
12.14 	August 1 of each year.
12.15 	(b) The terms of the initial board members must be determined by lot as follows: two 
12.16 	members must be appointed for a term that expires August 1, 2014; two members must 
12.17 	be appointed for terms that expire August 1, 2013; and two members must be appointed 
12.18 	for terms that expire August 1, 2012. Members of the board serve until the expiration of 
12.19 	the term to which they have been appointed or until their successors have qualified. A 
12.20 	person may not be appointed to serve more than two consecutive terms. No more than 
12.21 	one member who is affiliated in any official capacity with or has any financial interest in 
12.22 	an institution, school, or educational program operating within this state where massage 
12.23 	therapy is taught may serve on the board at one time.
12.24 	(c) The board shall organize annually and select a chair and vice-chair.
12.25 	(d) A majority of the board, including one officer, shall constitute a quorum at 
12.26 	any meeting.
12.27 	(e) The board shall hold at least two regular meetings each year. Additional meetings 
12.28 	may be held at the call of the chair or at the written request of any three members of the 
12.29 	board. A 14-day written advance notice of the board meeting is required.
12.30 	(f) Board members shall receive compensation for their services according to section 
12.31 	15.0575.
12.32 		Subd. 4.Staffing; additional powers. (a) The board shall appoint and employ an 
12.33 	executive director subject to the terms in section 214.04, subdivision 2a, and may employ 
12.34 	staff necessary to carry out its work.
12.35 	(b) Additional powers of the board include:
13.1 	(1) the board may adopt rules necessary to carry out the provisions in sections 
13.2 	147F.01 to 147F.19;
13.3 	(2) the board may prescribe applications and necessary forms;
13.4 	(3) the board may provide for distribution of information regarding licensed massage 
13.5 	therapy practice;
13.6 	(4) the board shall review applications and grant or deny licensure or licensure 
13.7 	renewal according to the requirements in sections 147F.01 to 147F.19 and applicable rules; 
13.8 	(5) the board shall review applications and grant or deny approval of massage 
13.9 	therapy schools and courses according to sections 147F.01 to 147F.19 and applicable rules; 
13.10 	(6) the board shall maintain a record of all persons licensed by the board for the 
13.11 	practice of massage therapy and all massage therapy instructional programs holding board 
13.12 	approval;
13.13 	(7) the board shall adopt rules specifying protocols for receiving complaints about 
13.14 	licensed massage therapists and massage therapy schools or instructional programs 
13.15 	approved by the board;
13.16 	(8) the board shall make a determination, after receiving a complaint, whether an 
13.17 	investigation should be initiated and whether disciplinary action should be considered;
13.18 	(9) the board shall require prosecution of any person violating sections 147F.01 to 
13.19 	147F.19, and shall incur any necessary expense relating to the prosecution of violations;
13.20 	(10) the board may issue subpoenas, and compel the attendance of witnesses and the 
13.21 	production of any necessary documents and any other evidentiary material;
13.22 	(11) any board member may administer oaths to witnesses, or take their affirmation;
13.23 	(12) the board shall collaborate with professional organizations, certifying or 
13.24 	accrediting agencies, or other groups or organizations deemed necessary by the board for 
13.25 	the protection of the public; and
13.26 	(13) the board shall keep a record of all its proceedings.
13.27 		Subd. 5.Disclosure. A disciplinary hearing must be closed to the public. Upon 
13.28 	application of a party in a proceeding before the board under sections 147F.01 to 147F.19, 
13.29 	the board shall produce and permit the inspection and copying, by or on behalf of the 
13.30 	moving party, of any designated documents or papers relevant to the proceedings.

13.31 	Sec. 6. [147F.09] APPLICATION FOR LICENSURE.
13.32 		Subdivision 1.Board action. (a) The board shall act on each application for 
13.33 	licensure according to paragraphs (b) to (d).
14.1 	(b) The board shall determine if the applicant meets the requirements for licensure 
14.2 	under section 147F.04. The board may investigate information provided by an applicant to 
14.3 	determine whether the information is accurate and complete.
14.4 	(c) The board shall notify each applicant in writing of action taken on the application, 
14.5 	the grounds for denying licensure if licensure is denied, and the applicant's right to review 
14.6 	under paragraph (d).
14.7 	(d) Applicants denied licensure may make a written request to the board within 
14.8 	30 days of the board's notice to appear before the board, and for the board to review 
14.9 	the decision to deny the applicant's license. After reviewing the denial, the board shall 
14.10 	decide whether the denial shall be affirmed. Each applicant is allowed only one request 
14.11 	for review per licensure period.
14.12 		Subd. 2.Applications for school program approval. (a) The board shall act on 
14.13 	each application for school program approval according to paragraphs (b) to (d).
14.14 	(b) The board shall determine if the applicant school meets the requirements 
14.15 	for educational criteria under section 147F.05. The board may investigate information 
14.16 	provided by an applicant school to determine whether the information is accurate and 
14.17 	complete.
14.18 	(c) The board shall notify each applicant school in writing of action taken on the 
14.19 	application, the grounds for denying approval if approval is denied, and the applicant's 
14.20 	right to review, under paragraph (d).
14.21 	(d) Applicant schools denied approval may make a written request to the board 
14.22 	within 30 days of the board's notice to appear before the board, and for the board to review 
14.23 	the decision to deny the applicant's license. After reviewing the denial, the board shall 
14.24 	decide whether the denial shall be affirmed. Each applicant school is allowed only one 
14.25 	request for review per licensure period.

14.26 	Sec. 7. [147F.11] CONTINUING EDUCATION REQUIREMENTS.
14.27 		Subdivision 1.Number of required contact hours. Two years after the date of 
14.28 	initial licensure and every two years thereafter, a licensed massage therapist must complete 
14.29 	a minimum of 12 contact hours of board-approved continuing education activities and 
14.30 	attest to completion of continuing education requirements by reporting to the board.
14.31 		Subd. 2.Approval of continuing education activities. The board may approve 
14.32 	continuing education activities that meet the following criteria:
14.33 	(1) the activity directly relates to or contributes to the growth of an applicant in 
14.34 	professional competence in the practice of massage therapy;
14.35 	(2) the activity meets one of the following requirements:
15.1 	(i) is administered or approved by a recognized national, state, or local massage 
15.2 	therapy organization or certifying agency; health care organization; accredited health care 
15.3 	facility; or an accredited college or university;
15.4 	(ii) is offered through a board-approved school; or
15.5 	(iii) is submitted by the program sponsors to the board for review no less than 60 
15.6 	days prior to the first date of the activity and is approved by the board;
15.7 	(3) each member of the program faculty is knowledgeable in the subject matter as 
15.8 	demonstrated by a degree from an accredited education program, has verifiable experience 
15.9 	in the field of massage therapy, and special training in the subject matter, or experience 
15.10 	teaching in the subject area;
15.11 	(4) the activity lasts at least one contact hour;
15.12 	(5) there are specific, measurable, written objectives, consistent with the activity 
15.13 	describing the expected outcomes for the participants;
15.14 	(6) the activity sponsor can verify participation and maintains attendance records 
15.15 	for a period of three years; and
15.16 	(7) in addition to lecture courses, workshops, seminars, and conference activities, 
15.17 	applicants may apply a maximum of four hours of the required 12 contact hours by the 
15.18 	following professional activities:
15.19 	(i) teaching a class, workshop, seminar, or presentation relating to massage therapy;
15.20 	(ii) participating in a panel discussion as an expert in massage therapy;
15.21 	(iii) speaking or making a poster presentation at a conference on a subject relating 
15.22 	to massage therapy;
15.23 	(iv) publishing an article in a professional journal, book or chapter in a book, or a 
15.24 	book review in a professional journal or a bulletin related to massage therapy;
15.25 	(v) serving as an instructor for students of massage therapy; or
15.26 	(vi) participating in research as a principal investigator or research assistant.
15.27 		Subd. 3.Continuing education topics and delivery. (a) Continuing education 
15.28 	program topics may include, but are not limited to, practice of skills employed within 
15.29 	the scope of practice specified in section 147F.03, subdivision 4, related techniques and 
15.30 	modalities, business practices, pathology, prevention of spreading disease and medical 
15.31 	errors, treatment contraindications, anatomy and physiology, areas of professional ethics, 
15.32 	or other course work as approved by the board.
15.33 	(b) The continuing education hours may be completed by any combination of the 
15.34 	following activities:
15.35 	(1) activities attended in person by the applicant including but not limited to lecture, 
15.36 	clinical and practical experience, or supervised externships;
16.1 	(2) activities completed by multimedia such as audio, audiovisual, closed circuit 
16.2 	television, or the Internet, with successful completion of a written examination to evaluate 
16.3 	material presented and retention; and
16.4 	(3) activities completed by correspondence, whether written or electronic, with 
16.5 	successful completion of a written examination to evaluate material presented and 
16.6 	retention.
16.7 	(c) Continuing education contact hours may not be carried forward to another 
16.8 	reporting period.
16.9 		Subd. 4.Verification of continuing education credits. The board shall periodically 
16.10 	select a random sample of licensed massage therapists and require those licensed massage 
16.11 	therapists to supply the board with evidence of having completed the continuing education 
16.12 	to which they attested. Documentation may come directly from the licensed massage 
16.13 	therapist or from a state or national organization that maintains continuing education 
16.14 	records.
16.15 		Subd. 5.Exemption from continuing education activities. The board may grant 
16.16 	an exemption for all or part of the requirement for continuing education activities for 
16.17 	circumstances beyond the control of the licensee, including but not limited to:
16.18 	(1) temporary disability or prolonged illness;
16.19 	(2) active miliary service;
16.20 	(3) officially declared disasters; or
16.21 	(4) other board-approved circumstances constituting a hardship.

16.22 	Sec. 8. [147F.12] DISCIPLINARY ACTIONS.
16.23 		Subdivision 1.Grounds for discipline. The board may take disciplinary action 
16.24 	according to subdivisions 2 and 3 against persons who have:
16.25 	(1) advertised, represented, or held themselves out as licensed massage therapists 
16.26 	after the expiration, suspension, or revocation of their licenses;
16.27 	(2) engaged in a sexual act with a client while a therapeutic relationship exists; for 
16.28 	purposes of this clause:
16.29 	(i) "sexual act" means sexual contact, sexual intrusion, or sexual penetration; and
16.30 	(ii) "therapeutic relationship" means the period of time commencing with the initial 
16.31 	session of massage therapy and ending upon written termination of the relationship 
16.32 	from either party;
16.33 	(3) failed to refer a patient to a general health care practitioner when the services 
16.34 	required by the client are beyond the level of competence of the massage therapist or 
17.1 	beyond the scope of practice of massage therapy as defined in section 147F.03, subdivision 
17.2 	4;
17.3 	(4) falsified information in a massage therapy license application or attempted to 
17.4 	obtain or obtained a licensure by fraud, deception, or misrepresentation;
17.5 	(5) fraudulently obtained or furnished a massage therapy license; a renewal or 
17.6 	reinstatement of a registration, diploma, certificate, or record; or aided and abetted any 
17.7 	of these acts;
17.8 	(6) a dependence on or addiction to alcohol or any habit-forming drug not medically 
17.9 	necessary for a diagnosed condition or who abuses or engages in the habitual or excessive 
17.10 	use of any illegal habit-forming drug or any controlled substance as defined in section 
17.11 	152.01, subdivision 4, but the board may take into account the licensee's participation in an 
17.12 	alcohol or substance abuse rehabilitation program when considering disciplinary action;
17.13 	(7) a physical or mental condition or disability that renders the licensee unable to 
17.14 	provide massage therapy with reasonable skill and safety or that may endanger the health 
17.15 	or safety of recipients of massage therapy services;
17.16 	(8) refused to submit to a physical or mental examination required by the board; 
17.17 	(9) failed to notify the board, in writing, of the entry of a final judgment by a court 
17.18 	of competent jurisdiction against the licensee for malpractice of massage therapy or any 
17.19 	settlement by the licensee in response to charges or allegations of malpractice of massage 
17.20 	therapy. This notice must be given within 90 days after the entry of the judgment or 
17.21 	settlement and, in the case of a judgment, must contain the name of the court, the case 
17.22 	number, and the names of all parties to the action;
17.23 	(10) been convicted of a felony or pled guilty or nolo contendere to a felony or 
17.24 	committed any prohibited act specified in sections 147F.01 to 147F.19. A certified copy 
17.25 	of the judgment of a court of competent jurisdiction of a conviction or plea shall be 
17.26 	conclusive evidence of the conviction or plea;
17.27 	(11) advertised, represented, held themselves out in any manner, or used any 
17.28 	designation in connection with the person's name as massage therapist without being 
17.29 	licensed or exempt from licensure according to sections 147F.01 to 147F.19;
17.30 	(12) had a license, certificate, or registration revoked or suspended or any other 
17.31 	disciplinary action taken, or an application for licensure, certification, or registration 
17.32 	refused, revoked, or suspended by authorities of another state, territory, or country;
17.33 	(13) committed or repeated an act of gross malpractice, negligence, or incompetency, 
17.34 	or failed to practice massage therapy with the level of care, skill, and treatment which is 
17.35 	recognized by a reasonably prudent massage therapist as being acceptable under similar 
18.1 	conditions and circumstances, regardless of whether actual injury to the recipient is 
18.2 	established;
18.3 	(14) engaged in professional conduct that could result in harm or injury to the public;
18.4 	(15) used fraud, deceit, or misrepresentation when communicating with the general 
18.5 	public, health care professionals, or other business professionals;
18.6 	(16) practiced or offered to practice beyond the scope of the practice of massage 
18.7 	therapy;
18.8 	(17) interfered with an investigation or disciplinary proceeding by willful 
18.9 	misrepresentation of facts or by the use of threats or harassment to prevent a person from 
18.10 	providing evidence in a disciplinary proceeding or any legal action;
18.11 	(18) provided massage therapy services to gain a referral source for financial 
18.12 	purposes; and
18.13 	(19) violated the terms of a disciplinary probation.
18.14 		Subd. 2.Temporary suspension of license. (a) If the board finds that immediate 
18.15 	action is necessary to protect the health, safety, or welfare of the public, the board 
18.16 	may, upon providing notice to the massage therapist, temporarily suspend the massage 
18.17 	therapist's license for a period not to exceed 30 days. For good cause, the board may 
18.18 	extend the period of the temporary suspension if the board deems this action to be 
18.19 	necessary to protect the health, safety, or welfare of the public pending proceedings for 
18.20 	disciplinary action. A hearing must be held and a final decision rendered regarding 
18.21 	whether to extend the period of the temporary suspension not later than 30 days after the 
18.22 	date on which the board notifies the massage therapist of the temporary suspension.
18.23 	(b) If a massage therapist is charged with or cited for a crime involving violence, 
18.24 	prostitution, or any other sexual offense, the appropriate law enforcement agency shall 
18.25 	report the charge or citation to the board. Upon receiving a report, the board shall 
18.26 	immediately issue a cease and desist order temporarily suspending the license of the 
18.27 	massage therapist. The temporary suspension of the license is effective immediately upon 
18.28 	issuance of the cease and desist order and must not exceed 15 days. For good cause, the 
18.29 	board may extend the period of the temporary suspension if the board deems this action to 
18.30 	be necessary to protect the health, safety, or welfare of the public pending proceedings 
18.31 	for disciplinary action. A hearing must be held and a final decision rendered regarding 
18.32 	whether to extend the period of the temporary suspension not later than 15 days after the 
18.33 	date on which the board issues the cease and desist order.
18.34 		Subd. 3.Disciplinary sanctions. (a) The board may impose any of the following 
18.35 	sanctions, singly or in combination, when the board finds that any of the conditions or 
19.1 	violations in sections 147F.01 to 147F.19 apply to a massage therapist regulated by 
19.2 	sections 147F.01 to 147F.19:
19.3 	(1) issue a letter of reprimand;
19.4 	(2) publicly censure a massage therapist;
19.5 	(3) place a massage therapist on probationary status and require the massage 
19.6 	therapist to:
19.7 	(i) report regularly to the board upon the matters which are the basis of the probation;
19.8 	(ii) limit all practice and professional activities to those areas prescribed by the 
19.9 	board; and
19.10 	(iii) require the massage therapist to continue or renew professional education 
19.11 	until the required degree of skill has been attained in those areas which are the basis of 
19.12 	the probation;
19.13 	(4) suspend any practitioner's license; and
19.14 	(5) revoke a practitioner's license.
19.15 	(b) The board may withdraw or reduce the conditions of probation when it finds that 
19.16 	the deficiencies which required disciplinary action have been remedied.
19.17 	(c) Where a licensee has been suspended due to a disability of the licensee, the board 
19.18 	may reinstate the licensee if the board is satisfied that the licensee is able to practice 
19.19 	with reasonable skill and safety.
19.20 	(d) As a condition of reinstatement of a suspended license, or removal from 
19.21 	probationary status, the board may impose any disciplinary or corrective measures as 
19.22 	authorized under sections 147F.01 to 147F.19.

19.23 	Sec. 9. [147F.13] REPORTING VIOLATIONS.
19.24 	(a) The board shall notify any law enforcement agency, professional organization, 
19.25 	or national disciplinary database the board deems necessary to protect the public of any 
19.26 	violation of sections 147F.01 to 147F.19.
19.27 	(b) A person, licensee, corporation, educational institution, health care professional, 
19.28 	or health care facility, and state or local government agency must report to the board any 
19.29 	conviction, determination, or finding that a licensee has committed an act that constitutes 
19.30 	grounds for disciplinary action under sections 147F.01 to 147F.19.

19.31 	Sec. 10. [147F.14] IMMUNITY.
19.32 	(a) A person is immune from any civil liability for providing information in good 
19.33 	faith to the board according to sections 147F.01 to 147F.19.
20.1 	(b) The board shall not disclose the identity of a person who provides information 
20.2 	unless this information is essential to proceedings conducted under sections 147F.01 to 
20.3 	147F.19, or is required by a court.

20.4 	Sec. 11. [147F.15] EFFECT ON MUNICIPAL ORDINANCES.
20.5 		Subdivision 1.Licensure prohibited. The provisions of sections 147F.01 to 
20.6 	147F.19 prohibit the licensure and regulation of a massage therapist by a municipality, 
20.7 	including, without limitation, conducting a criminal background investigation and 
20.8 	examination of a massage therapist or applicant for a license to practice massage therapy.
20.9 		Subd. 2.Exception for business license. The provisions of sections 147F.01 to 
20.10 	147F.19 do not prohibit a municipality from requiring a massage therapist to obtain a 
20.11 	license or permit to transact business within the jurisdiction of the municipality, if the 
20.12 	license or permit is required of other persons, regardless of occupation or profession, who 
20.13 	transact business within the jurisdiction of the municipality.
20.14 		Subd. 3.Municipality may prosecute. The provisions of this chapter do not 
20.15 	prohibit any municipality from prosecuting an unlicensed person engaged in the practice 
20.16 	of massage therapy, or a licensed person who is engaged in unlawful conduct.

20.17 	Sec. 12. [147F.19] FEES.
20.18 		Subdivision 1.Licensure fee. Fees for licensure are:
20.19 	(1) license application fee, $290;
20.20 	(2) license renewal fee, $240;
20.21 	(3) initial school program approval application fee:
20.22 	(i) a school program that has accreditation specified in section 147F.05, paragraph 
20.23 	(b), $250;
20.24 	(ii) a school program without accreditation specified in section 147F.05, paragraph 
20.25 	(b), $500;
20.26 	(4) school approval renewal fee, $100;
20.27 	(5) continuing education activity approval fee, $60;
20.28 	(6) late fee, $60;
20.29 	(7) inactive status fee, $100;
20.30 	(8) temporary permit fee, $60;
20.31 	(9) license verification fee, $30;
20.32 	(10) duplicate license fee, $25;
20.33 	(11) reciprocity verification fee, $30; and
20.34 	(12) reinstatement fee, $175.
21.1 		Subd. 2.Proration of fees. The board may prorate the initial licensure fee. All 
21.2 	licensed massage therapists will be required to pay the full fee upon license renewal.
21.3 		Subd. 3.Penalty for late renewals. An application for license renewal submitted 
21.4 	after the deadline must be accompanied by a late fee in addition to the required fees.
21.5 		Subd. 4.Nonrefundable fees. All fees in subdivision 1 are nonrefundable except 
21.6 	under such conditions as established by the board.
21.7 		Subd. 5.Deposit. Fees collected by the board under this section must be deposited 
21.8 	in the state government special revenue fund.

21.9 	Sec. 13. EFFECTIVE DATE.
 21.10 	This article is effective August 1, 2009.

21.11 	ARTICLE 2
21.12 	CONFORMING AMENDMENTS

21.13 	Section 1. Minnesota Statutes 2008, section 116J.70, subdivision 2a, is amended to 
21.14 	read:
21.15 		Subd. 2a.License; exceptions. "Business license" or "license" does not include 
21.16 	the following:
21.17 	(1) any occupational license or registration issued by a licensing board listed in 
21.18 	section 214.01 or any occupational registration issued by the commissioner of health 
21.19 	pursuant to section 214.13;  
21.20 	(2) any license issued by a county, home rule charter city, statutory city, township, or 
21.21 	other political subdivision;
21.22 	(3) any license required to practice the following occupation regulated by the 
21.23 	following sections:
21.24 	(i) abstracters regulated pursuant to chapter 386;
21.25 	(ii) accountants regulated pursuant to chapter 326A;
21.26 	(iii) adjusters regulated pursuant to chapter 72B;
21.27 	(iv) architects regulated pursuant to chapter 326;
21.28 	(v) assessors regulated pursuant to chapter 270;
21.29 	(vi) athletic trainers regulated pursuant to chapter 148;
21.30 	(vii) attorneys regulated pursuant to chapter 481;
21.31 	(viii) auctioneers regulated pursuant to chapter 330;
21.32 	(ix) barbers and cosmetologists regulated pursuant to chapter 154;
21.33 	(x) boiler operators regulated pursuant to chapter 183;
21.34 	(xi) chiropractors regulated pursuant to chapter 148;
22.1 	(xii) collection agencies regulated pursuant to chapter 332;
22.2 	(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant 
22.3 	to chapter 150A;
22.4 	(xiv) detectives regulated pursuant to chapter 326;
22.5 	(xv) electricians regulated pursuant to chapter 326;
22.6 	(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
22.7 	(xvii) engineers regulated pursuant to chapter 326;
22.8 	(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
22.9 	(xix) certified interior designers regulated pursuant to chapter 326;
22.10 	(xx) midwives regulated pursuant to chapter 147D;
22.11 	(xxi) nursing home administrators regulated pursuant to chapter 144A;
22.12 	(xxii) optometrists regulated pursuant to chapter 148;
22.13 	(xxiii) osteopathic physicians regulated pursuant to chapter 147;
22.14 	(xxiv) pharmacists regulated pursuant to chapter 151;
22.15 	(xxv) physical therapists regulated pursuant to chapter 148;
22.16 	(xxvi) physician assistants regulated pursuant to chapter 147A;
22.17 	(xxvii) physicians and surgeons regulated pursuant to chapter 147;
22.18 	(xxviii) plumbers regulated pursuant to chapter 326;
22.19 	(xxix) podiatrists regulated pursuant to chapter 153;
22.20 	(xxx) practical nurses regulated pursuant to chapter 148;
22.21 	(xxxi) professional fund-raisers regulated pursuant to chapter 309;
22.22 	(xxxii) psychologists regulated pursuant to chapter 148;
22.23 	(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters 
22.24 	82 and 83;
22.25 	(xxxiv) registered nurses regulated pursuant to chapter 148;
22.26 	(xxxv) securities brokers, dealers, agents, and investment advisers regulated 
22.27 	pursuant to chapter 80A;
22.28 	(xxxvi) steamfitters regulated pursuant to chapter 326;
22.29 	(xxxvii) teachers and supervisory and support personnel regulated pursuant to 
22.30 	chapter 125;
22.31 	(xxxviii) veterinarians regulated pursuant to chapter 156;
22.32 	(xxxix) water conditioning contractors and installers regulated pursuant to chapter 
22.33 	326;
22.34 	(xl) water well contractors regulated pursuant to chapter 103I;
22.35 	(xli) water and waste treatment operators regulated pursuant to chapter 115;
22.36 	(xlii) motor carriers regulated pursuant to chapter 221;
23.1 	(xliii) professional firms regulated under chapter 319B;
23.2 	(xliv) real estate appraisers regulated pursuant to chapter 82B;
23.3 	(xlv) residential building contractors, residential remodelers, residential roofers, 
23.4 	manufactured home installers, and specialty contractors regulated pursuant to chapter 326;
23.5 	(xlvi) licensed professional counselors regulated pursuant to chapter 148B;
23.6 	(xlvii) licensed massage therapists regulated pursuant to chapter 147F;
23.7 	(4) any driver's license required pursuant to chapter 171;
23.8 	(5) any aircraft license required pursuant to chapter 360;
23.9 	(6) any watercraft license required pursuant to chapter 86B;
23.10 	(7) any license, permit, registration, certification, or other approval pertaining to a 
23.11 	regulatory or management program related to the protection, conservation, or use of or 
23.12 	interference with the resources of land, air, or water, which is required to be obtained 
23.13 	from a state agency or instrumentality; and
23.14 	(8) any pollution control rule or standard established by the Pollution Control 
23.15 	Agency or any health rule or standard established by the commissioner of health or any 
23.16 	licensing rule or standard established by the commissioner of human services.

23.17 	Sec. 2. Minnesota Statutes 2008, section 214.01, subdivision 2, is amended to read:
23.18 		Subd. 2.Health-related licensing board. "Health-related licensing board" means 
23.19 	the Board of Examiners of Nursing Home Administrators established pursuant to section 
23.20 	144A.19, the Office of Unlicensed Complementary and Alternative Health Care Practice 
23.21 	established pursuant to section 146A.02, the Board of Medical Practice created pursuant 
23.22 	to section 147.01, the Board of Massage Therapy created pursuant to section 147F.07, 
23.23 	the Board of Nursing created pursuant to section 148.181, the Board of Chiropractic 
23.24 	Examiners established pursuant to section 148.02, the Board of Optometry established 
23.25 	pursuant to section 148.52, the Board of Physical Therapy established pursuant to section 
23.26 	148.67, the Board of Psychology established pursuant to section 148.90, the Board of 
23.27 	Social Work pursuant to section 148D.025, the Board of Marriage and Family Therapy 
23.28 	pursuant to section 148B.30, the Office of Mental Health Practice established pursuant 
23.29 	to section 148B.61, the Board of Behavioral Health and Therapy established by section 
23.30 	148B.51, the Board of Dietetics and Nutrition Practice established under section 148.622, 
23.31 	the Board of Dentistry established pursuant to section 150A.02, the Board of Pharmacy 
23.32 	established pursuant to section 151.02, the Board of Podiatric Medicine established 
23.33 	pursuant to section 153.02, and the Board of Veterinary Medicine established pursuant 
23.34 	to section 156.01.