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