1.1 	A bill for an act
1.2 	relating to health occupations; establishing registration for massage and 
1.3 	bodywork therapy; establishing fees;amending Minnesota Statutes 2013 
1.4 	Supplement, section 116J.70, subdivision 2a; proposing coding for new law in 
1.5 	Minnesota Statutes, chapters 148; 325F.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	ARTICLE 1
1.8 	MASSAGE AND BODYWORK THERAPY

1.9 	Section 1. [148.981] CITATION.
1.10 	Sections 148.981 to 148.9885 may be cited as the "Minnesota Massage and 
1.11 	Bodywork Therapy Act."

1.12 	Sec. 2. [148.982] DEFINITIONS.
1.13 		Subdivision 1.Applicability. The definitions in this section apply to this chapter.
1.14 		Subd. 2.Advertise. "Advertise" means to publish, display, broadcast, or disseminate 
1.15 	information by any means that can be reasonably construed as an advertisement.
1.16 		Subd. 3.Advisory council. "Advisory council" means the Registered Massage and 
1.17 	Bodywork Therapist Advisory Council established under section 148.9861.
1.18 		Subd. 4.Applicant. "Applicant" means an individual applying for registration or 
1.19 	renewal according to this chapter.
1.20 		Subd. 5.Approved education provider. "Approved education provider" means a 
1.21 	university, college, or other postsecondary education provider that meets the requirements 
1.22 	for approval under section 148.988 and which graduates students eligible for registration 
1.23 	according to this chapter.
2.1 		Subd. 6.Board. "Board" means the Minnesota Board of Nursing.
2.2 		Subd. 7.Client. "Client" means a recipient of massage and bodywork therapy 
2.3 	services.
2.4 		Subd. 8.Competency exam. "Competency exam" means a massage and bodywork 
2.5 	therapy competency assessment that is approved by the board based on meeting all of the 
2.6 	following criteria: psychometrically valid; based on a job task analysis; and administered 
2.7 	by a national testing organization.
2.8 		Subd. 9.Contact hour. " Contact hour" means an instructional session of at least 
2.9 	50 consecutive minutes, excluding coffee breaks, registration, meals without a speaker, 
2.10 	and social activities.
2.11 		Subd. 10.Credential. "Credential" means a license, registration, or certification.
2.12 		Subd. 11.Health care provider. "Health care provider" means a person who is 
2.13 	state credentialed to provide the following: medicine as defined in section 147.081, 
2.14 	chiropractic as defined in section 148.01, podiatry as defined in section 153.01, dentistry 
2.15 	as defined in section 150A.01, physical therapy as defined in section 148.65, or other 
2.16 	state-credentialed providers.
2.17 		Subd. 12.Massage and bodywork therapy. "Massage and bodywork therapy" 
2.18 	means a health care service involving systematic and structured touch and palpation; 
2.19 	pressure and movement of the muscles, tendons, ligaments, and fascia, in order to reduce 
2.20 	muscle tension, relieve soft tissue pain, improve circulation, increase flexibility, increase 
2.21 	activity of the parasympathetic branch of the autonomic nervous system, or to promote 
2.22 	general wellness, by use of the techniques and applications described in section 148.983.
2.23 		Subd. 13.Municipality. "Municipality" means a county, town, city, or other 
2.24 	municipal corporation or political subdivision of this state.
2.25 		Subd. 14.Physical agent modality. "Physical agent modality" means modalities 
2.26 	that use the properties of light, water, temperature, sound, and electricity to produce 
2.27 	a response in soft tissue.
2.28 		Subd. 15.Practice of massage and bodywork therapy. "Practice of massage and 
2.29 	bodywork therapy" means to engage professionally for compensation or as a volunteer in 
2.30 	massage and bodywork therapy or the instruction of professional technique coursework.
2.31 		Subd. 16.Professional organization. "Professional organization" means an 
2.32 	organization that represents massage and bodywork therapists, was established before 
2.33 	the year 2005, offers professional liability insurance as a benefit of membership, has an 
2.34 	established code of professional ethics, and is board approved.
3.1 		Subd. 17.Registered massage and bodywork therapist or registrant. "Registered 
3.2 	massage and bodywork therapist" or "registrant" means a health care provider registered 
3.3 	according to this chapter for the practice of massage and bodywork therapy.
3.4 		Subd. 18.State. "State" means any state in the United States, the District of 
3.5 	Columbia, Puerto Rico, the United States Virgin Islands, Guam, Canadian province, or 
3.6 	foreign country; except "this state" means the state of Minnesota.

3.7 	Sec. 3. [148.983] MASSAGE AND BODYWORK THERAPY.
3.8 	(a) The practice of massage and bodywork therapy by a registered massage and 
3.9 	bodywork therapist includes the following:
3.10 	(1) use of any or all of the following techniques using the hands, forearms, elbows, 
3.11 	knees, or feet, or handheld mechanical or electrical devices that mimic or enhance the 
3.12 	actions of the human hands: effleurage or gliding; petrissage or kneading; vibration and 
3.13 	jostling; friction; tapotement or percussion; compression; fascial manipulation; passive 
3.14 	stretching within the normal anatomical range of motion; and
3.15 	(2) application and use of any of the following: oils, lotions, gels, rubbing alcohol, 
3.16 	or powders for the purpose of lubricating the skin to be massaged; essential oils; or 
3.17 	creams, with the exception of prescription-requiring medicinal creams; hot or cold stones; 
3.18 	salt glows and wraps; and/or heat or ice.
3.19 	(b) The practice of massage and bodywork therapy does not include any of the 
3.20 	following:
3.21 	(1) diagnosing any illness or disease;
3.22 	(2) altering a course of recommended massage and bodywork therapy when 
3.23 	recommended by a state-credentialed health care provider without first consulting that 
3.24 	health care provider;
3.25 	(3) prescription of drugs or medicines;
3.26 	(4) intentional adjusting, manipulating, or mobilizing any articulations of the body 
3.27 	or spine, including by means of a high velocity, low amplitude thrusting force or as 
3.28 	described in section 146.23 or 148.01; or
3.29 	(5) application of physical agent modalities or injection therapy.

3.30 	Sec. 4. [148.984] LIMITATIONS ON PRACTICE.
3.31 	If a reasonably prudent massage and bodywork therapist finds a client's medical 
3.32 	condition is beyond the scope of practice established by this chapter or by rules of the 
3.33 	board for a registered massage and bodywork therapist, the massage and bodywork 
4.1 	therapist must refer the client to a health care provider as defined in this chapter, but is 
4.2 	not prohibited from comanaging the client.

4.3 	Sec. 5. [148.985] PROTECTED TITLES AND RESTRICTIONS ON USE.
4.4 		Subdivision 1.Designation. An individual regulated by this chapter is designated as 
4.5 	a "registered massage and bodywork therapist" or "RMBT."
4.6 		Subd. 2.Title protection. No individual may use the title "registered massage and 
4.7 	bodywork therapist," or use, in connection with the individual's name, the letters "RMBT," 
4.8 	or any other titles, words, letters, abbreviations, or insignia indicating or implying that the 
4.9 	individual is registered or eligible for registration by this state as a registered massage 
4.10 	therapist unless the individual has been registered according to this chapter.
4.11 		Subd. 3.Identification of registrants. (a) A massage and bodywork therapist 
4.12 	registered according to this chapter shall be identified as a "registered massage and 
4.13 	bodywork therapist." If not written in full, this must be designated as "RMBT."
4.14 	(b) The board may adopt rules for the implementation of this section, including the 
4.15 	identification of terms or references that may be used only be registered massage and 
4.16 	bodywork therapists as necessary to protect the public.
4.17 	(c) A massage and bodywork therapist who is credentialed by another state, or who 
4.18 	holds a certification from organizations, agencies, or educational providers may advertise 
4.19 	using those terms or letters to indicate that credential, provided that the credentialing 
4.20 	body is clearly identified.
4.21 		Subd. 4.Other health care providers. Nothing in this chapter may be construed to 
4.22 	prohibit, restrict the practice of, nor require massage and bodywork therapy registration 
4.23 	of any of the following:
4.24 	(1) a health care provider credentialed by this state, using massage and bodywork 
4.25 	therapy techniques within the scope of the provider's credential, provided the provider 
4.26 	does not advertise or imply that they are registered according to this chapter; or
4.27 	(2) the natural health procedures, practices, and treatments in section 146A.01, 
4.28 	subdivision 4, provided that the provider does not advertise or imply that they are 
4.29 	registered according to this chapter.

4.30 	Sec. 6. [148.986] POWERS OF BOARD.
4.31 	The board, acting with the advice of the advisory council, shall issue registrations to 
4.32 	duly qualified applicants and shall exercise the following powers and duties:
5.1 	(1) adopt rules, including standards of practice and a professional code of ethics, 
5.2 	not inconsistent with the law, as may be necessary to enable the board to implement the 
5.3 	provisions of sections 148.981 to 148.9885;
5.4 	(2) assign duties to the advisory council that are necessary to implement the 
5.5 	provisions of sections 148.981 to 148.9885;
5.6 	(3) approve or conduct a competency exam;
5.7 	(4) grant status as an approved education provider according to approval criteria in 
5.8 	section 148.988 and maintain a list of approved education providers;
5.9 	(5) appoint members to the advisory council according to section 148.9861 and 
5.10 	chapter 214;
5.11 	(6) enforcement of sections 148.981 to 148.9885, including to cause the prosecution 
5.12 	for violations of section 148.9882 by a registrant or applicant, impose discipline as 
5.13 	described in section 148.9882, and have the power to incur any necessary expense;
5.14 	(7) maintain a record of names and addresses of registrants;
5.15 	(8) keep a permanent record of all its proceedings;
5.16 	(9) distribution of information regarding massage and bodywork therapy standards, 
5.17 	including applications and forms necessary to carry into effect the provisions of sections 
5.18 	148.981 to 148.9885;
5.19 	(10) taking action on applications according to section 148.9881; and
5.20 	(11) employ and establish the duties of necessary personnel.

5.21 	Sec. 7. [148.9861] ADVISORY COUNCIL.
5.22 		Subdivision 1.Creation; membership. (a) The advisory council is created and is 
5.23 	composed of five members appointed by the board. All members must have been residents 
5.24 	of this state for at least three years prior to appointment. The advisory council consists of:
5.25 	(1) two public members, as defined in section 214.02;
5.26 	(2) three members who, except for initial appointees, are registered massage 
5.27 	and bodywork therapists. Initial appointees shall possess the qualifications necessary 
5.28 	to become registered massage and bodywork therapists and must do so as soon as 
5.29 	applications for registration are available.
5.30 	(b) A person may not be appointed to serve more than two consecutive full terms.
5.31 	(c) No more than one member of the advisory council may be an owner or 
5.32 	administrator of a massage and bodywork therapy education provider.
5.33 		Subd. 2.Vacancies. When a vacancy of a member who is a registered massage and 
5.34 	bodywork therapist occurs after expiration of a term, the board may appoint a member 
5.35 	from among qualified candidates or from a list of nominees submitted by professional 
6.1 	organizations. The list must contain twice the number of nominees than is needed to 
6.2 	fill vacancies. Vacancies occurring on the advisory council may be filled for unexpired 
6.3 	terms by appointments by the board according to this section. Members shall hold office 
6.4 	until a successor is appointed and qualified.
6.5 		Subd. 3.Administration. The advisory council shall be organized and administered 
6.6 	under section 15.059. The council shall not expire.
6.7 		Subd. 4.Duties. The advisory council shall advise the board regarding:
6.8 	(1) standards of practice and a code of ethics for registered massage and bodywork 
6.9 	therapists;
6.10 	(2) distribution of information regarding massage and bodywork standards;
6.11 	(3) enforcement of sections 148.981 to 148.9885;
6.12 	(4) applications and recommendations of applicants for registration or registration 
6.13 	renewal;
6.14 	(5) complaints and recommendations regarding disciplinary matters and proceedings 
6.15 	according to sections 214.10; 214.103; and 214.13, subdivisions 6 and 7;
6.16 	(6) approval of or conducting a competency exam and granting status as an approved 
6.17 	education provider; and
6.18 	(7) performance of other duties of advisory councils under chapter 214, or as 
6.19 	directed by the board.

6.20 	Sec. 8. [148.987] REGISTRATION REQUIREMENTS.
6.21 		Subdivision 1.Registration. To be eligible for registration according to this chapter, 
6.22 	an applicant must:
6.23 	(1) pay applicable fees;
6.24 	(2) submit to a criminal background check and pay the fees associated with obtaining 
6.25 	the criminal background check. The background check shall include records of the Bureau 
6.26 	of Criminal Apprehension and the Federal Bureau of Investigation and the results shall be 
6.27 	forwarded directly to the board or its designee; and
6.28 	(3) file a written application on a form provided by the board that includes:
6.29 	(i) the applicant's name, Social Security number, home address and telephone 
6.30 	number, business address and telephone number, and business setting;
6.31 	(ii) provide proof, as required by the board, of:
6.32 	(A) having obtained a high school diploma or its equivalent;
6.33 	(B) being 18 years of age or older;
6.34 	(C) current cardiopulmonary resuscitation and first aid certification; and
7.1 	(D) current professional liability insurance coverage, with a minimum of $1,000,000 
7.2 	of coverage per occurrence;
7.3 	(iii) unless registered under subdivision 3 or 4, successful completion of a curriculum 
7.4 	from an approved education provider;
7.5 	(iv) unless registered under subdivision 3 or 4, successful completion of a 
7.6 	competency exam;
7.7 	(v) a list of credentials or memberships held in this state or other states or from 
7.8 	private credentialing or professional organizations;
7.9 	(vi) a description of any other state or municipality's refusal to credential the 
7.10 	applicant;
7.11 	(vii) a description of all professional disciplinary actions initiated against the 
7.12 	applicant in any jurisdiction;
7.13 	(viii) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
7.14 	(ix) additional information as requested by the board;
7.15 	(x) the applicant's signature on a statement that the information in the application is 
7.16 	true and correct to the best of the applicant's knowledge; and
7.17 	(xi) the applicant's signature on a waiver authorizing the board to obtain access to 
7.18 	the applicant's records in this state or any other state in which the applicant has engaged in 
7.19 	the practice of massage and bodywork therapy.
7.20 		Subd. 2.Registration prohibited. The board may deny any application for 
7.21 	registration if an applicant:
7.22 	(1) has been convicted in this state with any of the following, or in another state of 
7.23 	equivalent crimes:
7.24 	(i) prostitution as defined under section 609.321, 609.324, or 609.3242;
7.25 	(ii) sexual attack as defined under section 611A.21;
7.26 	(iii) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or
7.27 	(iv) is a registered sex offender under section 243.166;
7.28 	(2) has been subjected to disciplinary action under section 146A.09, if the board 
7.29 	determines such denial is necessary to protect the public; or
7.30 	(3) is charged with or under investigation for complaints in this state or any state 
7.31 	that would constitute a violation of the statutes or rules established for the practice of 
7.32 	massage and bodywork therapy in this state, the applicant shall not be registered until the 
7.33 	complaints have been resolved in the applicant's favor. Should a complaint be resolved in 
7.34 	favor of the complainant, the application for registration in this state may be denied.
7.35 		Subd. 3.Registration by endorsement. (a) To be eligible for registration by 
7.36 	endorsement, an applicant shall:
8.1 	(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and 
8.2 	(3), items (v) to (xi); and
8.3 	(2) provide proof of a current and unrestricted equivalent credential in another state 
8.4 	that has qualifications at least equivalent to the requirements of this chapter. The proof 
8.5 	shall include records as required by rules of the board.
8.6 	(b) Registrations issued by endorsement shall expire on the same schedule and be 
8.7 	renewed by the same procedures as registrations issued under subdivision 1.
8.8 		Subd. 4.Registration by grandfathering. (a) To be eligible for registration by 
8.9 	grandfathering, an applicant shall:
8.10 	(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and 
8.11 	(3), items (v) to (xi); and
8.12 	(2) provide documentation as specified by the board demonstrating the applicant has 
8.13 	met at least one of the following qualifications:
8.14 	(i) successful completion of at least 500 hours of supervised classroom and hands 
8.15 	on instruction relating to massage and bodywork therapy;
8.16 	(ii) successful completion of a competency exam;
8.17 	(iii) evidence of experience in the practice of massage and bodywork therapy for at 
8.18 	least two of the previous five years immediately preceding application; or
8.19 	(iv) active membership in a professional organization for at least two of the previous 
8.20 	five years immediately preceding application.
8.21 	(b) Registrations issued by grandfathering shall expire and be renewed on the same 
8.22 	schedule and by the same procedures as registrations issued under subdivision 1.
8.23 	(c) This subdivision is effective for two years after the first date the board has made 
8.24 	applications available.
8.25 		Subd. 5.Temporary permit. A temporary permit to practice as a registered 
8.26 	massage and bodywork therapist may be issued to an applicant eligible for registration 
8.27 	under subdivision 1, 3, or 4, if the application for registration is complete, all applicable 
8.28 	requirements in this section have been met, and applicable fees have been paid. The 
8.29 	temporary permit remains valid until the board takes action on the applicant's application.

8.30 	Sec. 9. [148.9871] EXPIRATION AND RENEWAL.
8.31 		Subdivision 1.Registration expiration. Registrations issued according to this 
8.32 	chapter expire annually.
8.33 		Subd. 2.Renewal. To be eligible for registration renewal a registrant must:
8.34 	(1) annually, or as determined by the board, complete a renewal application on a 
8.35 	form provided by the board;
9.1 	(2) submit applicable fees; and
9.2 	(3) submit any additional information requested by the board to clarify information 
9.3 	presented in the renewal application. The information must be submitted within 30 days 
9.4 	after the board's request, or the renewal request is nullified.
9.5 		Subd. 3.Change of address. A registrant who changes addresses must inform 
9.6 	the board within 30 days, in writing, of the change of address. Notices or other 
9.7 	correspondence mailed to or served on a registrant at the registrant's current address on 
9.8 	file shall be considered as having been received by the registrant.
9.9 		Subd. 4.Registration renewal notice. At least 60 days before the registration 
9.10 	renewal date, the board shall send out a renewal notice to the last known address of the 
9.11 	registrant on file. The notice must include a renewal application and a notice of fees 
9.12 	required for renewal. It must also inform the registrant that registration will expire without 
9.13 	further action by the board if an application for registration renewal is not received before 
9.14 	the deadline for renewal. The registrant's failure to receive this notice shall not relieve the 
9.15 	registrant of the obligation to meet the deadline and other requirements for registration 
9.16 	renewal. Failure to receive this notice is not grounds for challenging expiration of 
9.17 	registered status.
9.18 		Subd. 5.Renewal deadline. The renewal application and fee must be postmarked 
9.19 	on or before October 1 of the year of renewal or as determined by the board. If the 
9.20 	postmark is illegible, the application shall be considered timely if received by the third 
9.21 	working day after the deadline.
9.22 		Subd. 6.Inactive status and return to active status. (a) A registration may be 
9.23 	placed in inactive status upon application to the board by the registrant and upon payment 
9.24 	of an inactive status fee.
9.25 	(b) A registrant seeking restoration to active status from inactive status must pay 
9.26 	the current renewal fees and all unpaid back inactive fees. They must meet the criteria 
9.27 	for renewal specified in subdivision 7, prior to submitting an application to regain 
9.28 	registered status. If the inactive status extends beyond five years, a qualifying score on 
9.29 	a competency exam is required.
9.30 		Subd. 7.Registration following lapse of registration status for two years or less.
 9.31 	For any individual whose registration status has lapsed for two years or less, to regain 
9.32 	registration status, the individual must:
9.33 	(1) apply for registration renewal according to subdivision 2; and
9.34 	(2) submit applicable fees for the period not registered, including the fee for late 
9.35 	renewal.
10.1 		Subd. 8.Cancellation due to nonrenewal. The board shall not renew, reissue, 
10.2 	reinstate, or restore a registration that has lapsed and has not been renewed within two 
10.3 	years. A registrant whose registration is canceled for nonrenewal must obtain a new 
10.4 	registration by applying for registration and fulfilling all requirements then in existence 
10.5 	for initial registration as a massage and bodywork therapist.
10.6 		Subd. 9.Cancellation of registration in good standing. (a) A registrant holding 
10.7 	active registration as a massage and bodywork therapist in this state may, upon approval 
10.8 	of the board, be granted registration cancellation if the board is not investigating the 
10.9 	person as a result of a complaint or information received or if the board has not begun 
10.10 	disciplinary proceedings against the registrant. Such action by the board shall be reported 
10.11 	as a cancellation of registration in good standing.
10.12 	(b) A registrant who receives board approval for registration cancellation is not 
10.13 	entitled to a refund of any registration fees paid for the registration period in which 
10.14 	cancellation of the registration occurred.
10.15 	(c) To obtain registration after cancellation, an applicant must obtain a new 
10.16 	registration by applying for registration and fulfilling the requirements then in existence 
10.17 	for obtaining initial registration according to this chapter.

10.18 	Sec. 10. [148.988] APPROVED EDUCATION PROVIDER.
10.19 		Subdivision 1.Initial approval. To become an approved education provider, the 
10.20 	education provider shall pay applicable fees and apply to the board, submitting evidence 
10.21 	of the following:
10.22 	(1) teaching a curriculum of at least 500 contact hours of combined massage and 
10.23 	bodywork therapy theory and practice training consisting of at least:
10.24 	(i) 120 combined hours of science subjects, including anatomy and physiology, 
10.25 	kinesiology, pathology, hygiene, and standard precautions; and
10.26 	(ii) 340 combined clinical and practical hours, including massage and bodywork 
10.27 	therapy technique, techniques related to massage and bodywork therapy, supervised 
10.28 	practice, professional ethics and standards of practice, massage and bodywork therapy 
10.29 	history, theory, research, and business and legal practices relating to massage and 
10.30 	bodywork therapy; and
10.31 	(2) licensure or registration by the Minnesota Office of Higher Education or 
10.32 	membership in the Minnesota State College and University system, or similar approval 
10.33 	by an equivalent agency in another state.
10.34 		Subd. 2.Continuing approval. The board shall, as determined necessary, survey 
10.35 	all approved education providers in the state. If the survey results show that an approved 
11.1 	education provider meets all the criteria in subdivision 1 and all adopted rules, the board 
11.2 	shall continue the approved education provider status.
11.3 		Subd. 3.Loss of approval. If the board determines that an approved education 
11.4 	provider is not maintaining the standards required by the statutes and board rules, notice 
11.5 	thereof in writing specifying the defect shall be given to the approved education provider. 
11.6 	If the provider fails to correct these conditions to the satisfaction of the board within a 
11.7 	reasonable time set forth in the notice of defect, the provider may be removed from the list 
11.8 	of approved education providers.
11.9 		Subd. 4.Reinstatement of approval. The board may reinstate approved education 
11.10 	provider status upon submission of satisfactory evidence that the standards required by 
11.11 	statute and board rules then in effect are being met.

11.12 	Sec. 11. [148.9881] BOARD ACTION ON APPLICATIONS.
11.13 	(a) The board shall act on each application according to paragraphs (b) and (d).
11.14 	(b) The board or advisory council shall determine if the applicant meets the 
11.15 	requirements for registration or renewal under section 148.987 or 148.9871. The board 
11.16 	or advisory council may investigate information provided by an applicant to determine 
11.17 	whether the information is accurate and complete, including requesting additional 
11.18 	information or documentation.
11.19 	(c) The board shall notify each applicant in writing of action taken on the application, 
11.20 	the grounds for denying registration if registration is denied, and the applicant's right 
11.21 	to review under paragraph (d).
11.22 	(d) Applicants denied registration may make a written request to the board, within 
11.23 	30 days of the board's notice, to appear before the advisory council and for the advisory 
11.24 	council to review the board's decision to deny the applicant's registration. After reviewing 
11.25 	the denial, the advisory council shall make a recommendation to the board as to whether 
11.26 	the denial shall be affirmed. Each applicant is allowed only one request for review per 
11.27 	registration period.

11.28 	Sec. 12. [148.9882] GROUNDS FOR DISCIPLINARY ACTION; 
11.29 	MALTREATMENT OF MINORS.
11.30 		Subdivision 1.Grounds listed. (a) The board may deny, revoke, suspend, limit, or 
11.31 	condition the registration of a massage and bodywork therapist registered or applying for 
11.32 	registration as a massage and bodywork therapist or may otherwise discipline a registrant. 
11.33 	The fact that massage and bodywork therapy may be a less customary approach to health 
11.34 	care shall not constitute the basis for disciplinary action per se.
12.1 	(b) The following are grounds for disciplinary action, regardless of whether injury 
12.2 	to a client is established:
12.3 	(1) failing to demonstrate the qualifications or to satisfy the requirements for 
12.4 	registration contained in sections 148.981 to 148.9885, or rules of the board. In the case of 
12.5 	an applicant, the burden of proof is on the applicant to demonstrate the qualifications or 
12.6 	satisfy the requirements;
12.7 	(2) to advertise in a false, fraudulent, deceptive, or misleading manner, including, 
12.8 	but not limited to:
12.9 	(i) advertise or hold oneself out as a "registered massage and bodywork therapist" or 
12.10 	any abbreviation or derivative thereof to indicate such a title, when such registration is not 
12.11 	valid or current for any reason;
12.12 	(ii) advertise or hold oneself out as a "licensed massage and bodywork therapist" or 
12.13 	any abbreviation or derivative thereof to indicate such a title, unless the registrant currently 
12.14 	holds a valid state license in another state and provided that the state is clearly identified;
12.15 	(iii) advertise a service, the provision of which would constitute a violation of this 
12.16 	chapter or rules established by the board; and
12.17 	(iv) use of fraud, deceit, or misrepresentation when communicating with the general 
12.18 	public, health care, or other business professionals;
12.19 	(3) falsifying information in a massage and bodywork therapy registration or renewal 
12.20 	application or attempting to obtain registration, registration renewal, or reinstatement by 
12.21 	fraud, deception, or misrepresentation, or aided and abetted any of these acts;
12.22 	(4) engaging in conduct with a client that is sexual or may reasonably be interpreted 
12.23 	by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning 
12.24 	to a client, or engaging in sexual exploitation of a client, without regard to who initiates 
12.25 	such behaviors;
12.26 	(5) committing an act of gross malpractice, negligence, or incompetency, or failing 
12.27 	to practice massage and bodywork therapy with the level of care, skill, and treatment 
12.28 	that is recognized by a reasonably prudent massage and bodywork therapist as being 
12.29 	acceptable under similar conditions and circumstances;
12.30 	(6) actual or potential inability to practice massage and bodywork therapy with 
12.31 	reasonable skill and safety to clients by reason of illness, as a result of any mental or 
12.32 	physical condition, or use of alcohol, drugs, chemicals, or any other material;
12.33 	(7) being adjudicated as mentally incompetent, mentally ill, a chemically dependant 
12.34 	person, or a person dangerous to the public by a court of competent jurisdiction, within 
12.35 	or without this state may be considered as evidence of the inability to practice massage 
12.36 	and bodywork therapy;
13.1 	(8) being the subject of disciplinary action as a massage and bodywork therapist by 
13.2 	another state or jurisdiction and the board or advisory council determines that the cause of 
13.3 	the disciplinary action would be a violation under this state's statutes or rules of the board 
13.4 	if the violation had occurred in this state;
13.5 	(9) failing to notify the board of having had a credential revoked, suspended, or any 
13.6 	other disciplinary action taken including any restrictions on the right to practice, or an 
13.7 	application for credential refused, revoked, suspended, or otherwise disciplined by this or 
13.8 	any other state, territory, or country; or surrendered or voluntarily terminated a credential 
13.9 	during a board investigation of a complaint, as part of a disciplinary order, or while under 
13.10 	a disciplinary order;
13.11 	(10) being convicted of or has pled guilty or nolo contendere to a felony or other 
13.12 	crime, an element of which is dishonesty or fraud, or being shown to have engaged in acts 
13.13 	or practices tending to show that the applicant or registrant is incompetent or has engaged 
13.14 	in conduct reflecting adversely on the applicant's or registrant's ability or fitness to engage 
13.15 	in the practice of massage and bodywork therapy;
13.16 	(11) if a registrant is on probation, failing to abide by terms of that probation;
13.17 	(12) practicing or offering to practice beyond the scope of the practice of massage 
13.18 	and bodywork therapy;
13.19 	(13) managing client records and information improperly, including, but not limited 
13.20 	to failing to: maintain adequate client records, comply with a client's request made 
13.21 	according to sections 144.291 to 144.298, furnish a client record or report required by law;
13.22 	(14) revealing a privileged communication from or relating to a client except when 
13.23 	otherwise required or permitted by law;
13.24 	(15) providing massage and bodywork therapy services that are in any way linked 
13.25 	to the financial gain of a referral source;
13.26 	(16) obtaining money, property, or services from a client, other than reasonable 
13.27 	fees for services provided to the client, through the use of undue influence, harassment, 
13.28 	duress, deception, or fraud;
13.29 	(17) engaging in abusive or fraudulent billing practices, including violations of 
13.30 	federal Medicare and Medicaid laws or state medical assistance laws;
13.31 	(18) failing to consult with the client's health care provider who prescribed a course 
13.32 	of massage and bodywork therapy treatment if the treatment needs to be altered from the 
13.33 	original written order to conform with standards in the massage and bodywork therapy 
13.34 	field or the registrant's level of training or experience;
13.35 	(19) failing to cooperate with an investigation of the board or its representatives, 
13.36 	including responding fully and promptly to any question raised by or on behalf of the board 
14.1 	relating to the subject of the investigation, executing all releases requested by the board, 
14.2 	providing copies of client records, as reasonably requested by the board to assist it in its 
14.3 	investigation, and appearing at conferences or hearings scheduled by the board or its staff;
14.4 	(20) interfering with an investigation or disciplinary proceeding, including by willful 
14.5 	misrepresentation of facts or by the use of threats or harassment to prevent a person from 
14.6 	providing evidence in a disciplinary proceeding or any legal action;
14.7 	(21) violating a statute, rule, order, or agreement for corrective action that the board 
14.8 	issued or is otherwise authorized or empowered to enforce;
14.9 	(22) aiding or abetting in any manner a person in violating sections 148.981 to 
14.10 	148.9885;
14.11 	(23) failing to report to the board other massage and bodywork therapists who 
14.12 	commit violations of this chapter; and
14.13 	(24) failing to notify the board, in writing, of the entry of a final judgment by a 
14.14 	court of competent jurisdiction against the registrant for malpractice of massage and 
14.15 	bodywork therapy or any settlement by the registrant in response to charges or allegations 
14.16 	of malpractice of massage and bodywork therapy. The notice must be provided to the 
14.17 	board within 60 days after the entry of a judgment, must contain the name of the court, 
14.18 	case number, and the names of all parties to the action.
14.19 		Subd. 2.Maltreatment of minors. Nothing in this chapter shall restrict the ability 
14.20 	of a local welfare agency, local law enforcement agency, the commissioner of human 
14.21 	services, or this state to take action regarding the maltreatment of minors under section 
14.22 	609.378 or 626.556. A parent who obtains massage and bodywork therapy services for the 
14.23 	parent's minor child is not relieved of the duty to seek necessary medical care consistent 
14.24 	with the requirements of sections 609.378 and 626.556. A registered massage and 
14.25 	bodywork therapist who is providing services to a child who is not receiving necessary 
14.26 	medical care must make a report under section 626.556. A registered massage and 
14.27 	bodywork therapist is a mandated reporter under section 626.556, subdivision 3.
14.28 		Subd. 3.Evidence. In disciplinary actions alleging a violation of subdivision 1, 
14.29 	a copy of the judgment or proceeding under the seal of the court administrator or of the 
14.30 	administrative agency that entered the same shall be admissible into evidence without 
14.31 	further authentication and shall constitute prima facie evidence of the violation concerned.
14.32 		Subd. 4.Examination; access to medical data. The board may take the actions 
14.33 	described in section 148.261, subdivision 5, if it has probable cause to believe that grounds 
14.34 	for disciplinary action exist under subdivision 1. The requirements and limitations 
14.35 	described in section 148.261, subdivision 5, shall apply.

15.1 	Sec. 13. [148.9883] DISCIPLINE; REPORTING.
15.2 	For purposes of this chapter, registered massage and bodywork therapists and 
15.3 	applicants are subject to sections 148.262 to 148.266.

15.4 	Sec. 14. [148.9884] EFFECT ON MUNICIPAL ORDINANCES.
15.5 		Subdivision 1. License authority. The provisions of sections 148.981 to 148.9885 
15.6 	preempt the licensure and regulation of a registered massage and bodywork therapist 
15.7 	by a municipality, including, without limitation, conducting a criminal background 
15.8 	investigation and examination of a massage and bodywork therapist or applicant for a 
15.9 	municipality's credential to practice massage and bodywork therapy.
15.10 		Subd. 2. Business license or permit. If a general license or permit is required of 
15.11 	other persons, regardless of occupation or profession who transact business within the 
15.12 	jurisdiction of a municipality, the provisions of this chapter do not prohibit that municipality 
15.13 	from requiring a registered massage and bodywork therapist to obtain that same general 
15.14 	business license or permit to transact business within the jurisdiction of the municipality.
15.15 		Subd. 3. Prosecuting authority. The provisions of this chapter do not prohibit any 
15.16 	municipality of this state from prosecuting:
15.17 	(1) an unregistered person engaged in the practice of massage and bodywork therapy 
15.18 	if the municipality requires licensure; or
15.19 	(2) a registered massage and bodywork therapist who is engaged in unlawful conduct.

15.20 	Sec. 15. [148.9885] FEES.
15.21 		Subdivision 1.Fees. Fees are as follows:
15.22 	(1) initial registration with application, $285;
15.23 	(2) annual registration renewal, $185;
15.24 	(3) initial school approval, $300;
15.25 	(4) school approval renewal, $200;
15.26 	(5) duplicate registration certificate, $15;
15.27 	(6) late fee, $50;
15.28 	(7) inactive status and inactive to active status reactivation, $50;
15.29 	(8) temporary permit, $50; and
15.30 	(9) returned check, $35.
15.31 		Subd. 2.Proration of fees. The board may prorate the initial registration fee. All 
15.32 	registrants are required to pay the full fee upon registration renewal.
16.1 		Subd. 3.Penalty fee for late renewals. An application for registration renewal 
16.2 	submitted after the deadline must be accompanied by a late fee in addition to the required 
16.3 	fees.
16.4 		Subd. 4.Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.
16.5 		Subd. 5.Deposit. Fees collected by the board under this section shall be deposited 
16.6 	into the state government special revenue fund.

16.7 	Sec. 16. EFFECTIVE DATE.
 16.8 	This article is effective August 1, 2013.

16.9 	ARTICLE 2
16.10 	CONFORMING AMENDMENTS

16.11 	Section 1. Minnesota Statutes 2013 Supplement, section 116J.70, subdivision 2a, 
16.12 	is amended to read:
16.13 		Subd. 2a.License; exceptions. "Business license" or "license" does not include 
16.14 	the following:
16.15 	(1) any occupational license or registration issued by a licensing board listed in 
16.16 	section 214.01 or any occupational registration issued by the commissioner of health 
16.17 	pursuant to section 214.13;
16.18 	(2) any license issued by a county, home rule charter city, statutory city, township, or 
16.19 	other political subdivision;
16.20 	(3) any license required to practice the following occupation regulated by the 
16.21 	following sections:
16.22 	(i) abstracters regulated pursuant to chapter 386;
16.23 	(ii) accountants regulated pursuant to chapter 326A;
16.24 	(iii) adjusters regulated pursuant to chapter 72B;
16.25 	(iv) architects regulated pursuant to chapter 326;
16.26 	(v) assessors regulated pursuant to chapter 270;
16.27 	(vi) athletic trainers regulated pursuant to chapter 148;
16.28 	(vii) attorneys regulated pursuant to chapter 481;
16.29 	(viii) auctioneers regulated pursuant to chapter 330;
16.30 	(ix) barbers and cosmetologists regulated pursuant to chapter 154;
16.31 	(x) boiler operators regulated pursuant to chapter 326B;
16.32 	(xi) chiropractors regulated pursuant to chapter 148;
16.33 	(xii) collection agencies regulated pursuant to chapter 332;
17.1 	(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant 
17.2 	to chapter 150A;
17.3 	(xiv) detectives regulated pursuant to chapter 326;
17.4 	(xv) electricians regulated pursuant to chapter 326B;
17.5 	(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
17.6 	(xvii) engineers regulated pursuant to chapter 326;
17.7 	(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
17.8 	(xix) certified interior designers regulated pursuant to chapter 326;
17.9 	(xx) midwives regulated pursuant to chapter 147D;
17.10 	(xxi) nursing home administrators regulated pursuant to chapter 144A;
17.11 	(xxii) optometrists regulated pursuant to chapter 148;
17.12 	(xxiii) osteopathic physicians regulated pursuant to chapter 147;
17.13 	(xxiv) pharmacists regulated pursuant to chapter 151;
17.14 	(xxv) physical therapists regulated pursuant to chapter 148;
17.15 	(xxvi) physician assistants regulated pursuant to chapter 147A;
17.16 	(xxvii) physicians and surgeons regulated pursuant to chapter 147;
17.17 	(xxviii) plumbers regulated pursuant to chapter 326B;
17.18 	(xxix) podiatrists regulated pursuant to chapter 153;
17.19 	(xxx) practical nurses regulated pursuant to chapter 148;
17.20 	(xxxi) professional fund-raisers regulated pursuant to chapter 309;
17.21 	(xxxii) psychologists regulated pursuant to chapter 148;
17.22 	(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters 
17.23 	82 and 83;
17.24 	(xxxiv) registered nurses regulated pursuant to chapter 148;
17.25 	(xxxv) securities brokers, dealers, agents, and investment advisers regulated 
17.26 	pursuant to chapter 80A;
17.27 	(xxxvi) steamfitters regulated pursuant to chapter 326B;
17.28 	(xxxvii) teachers and supervisory and support personnel regulated pursuant to 
17.29 	chapter 125;
17.30 	(xxxviii) veterinarians regulated pursuant to chapter 156;
17.31 	(xxxix) water conditioning contractors and installers regulated pursuant to chapter 
17.32 	326B;
17.33 	(xl) water well contractors regulated pursuant to chapter 103I;
17.34 	(xli) water and waste treatment operators regulated pursuant to chapter 115;
17.35 	(xlii) motor carriers regulated pursuant to chapter 221;
17.36 	(xliii) professional firms regulated under chapter 319B;
18.1 	(xliv) real estate appraisers regulated pursuant to chapter 82B;
18.2 	(xlv) residential building contractors, residential remodelers, residential roofers, 
18.3 	manufactured home installers, and specialty contractors regulated pursuant to chapter 
18.4 	326B;
18.5 	(xlvi) licensed professional counselors regulated pursuant to chapter 148B; or
18.6 	(xlvii) registered massage and bodywork therapists regulated according to chapter 
18.7 	148;
18.8 	(4) any driver's license required pursuant to chapter 171;
18.9 	(5) any aircraft license required pursuant to chapter 360;
18.10 	(6) any watercraft license required pursuant to chapter 86B;
18.11 	(7) any license, permit, registration, certification, or other approval pertaining to a 
18.12 	regulatory or management program related to the protection, conservation, or use of or 
18.13 	interference with the resources of land, air, or water, which is required to be obtained 
18.14 	from a state agency or instrumentality; and
18.15 	(8) any pollution control rule or standard established by the Pollution Control 
18.16 	Agency or any health rule or standard established by the commissioner of health or any 
18.17 	licensing rule or standard established by the commissioner of human services.

18.18 	Sec. 2. [325F.816] MUNICIPAL OR CITY BUSINESS LICENSE; MASSAGE.
18.19 	An individual who is issued a municipal or city business license to practice massage 
18.20 	is prohibited from advertising as a licensed massage therapist unless the individual has 
18.21 	received a professional credential from another state; is current in licensure; and remains 
18.22 	in good standing under the credentialing state's requirements.

18.23 	Sec. 3. EFFECTIVE DATE.
 18.24 	This article is effective August 1, 2014.