1.1.................... moves to amend H.F. No. 1503 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. [148.981] CITATION.
1.6Sections 148.981 to 148.989 may be cited as the "Minnesota Massage Therapy Act."

1.7    Sec. 2. [148.982] DEFINITIONS.
1.8    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
1.9    Subd. 2. Advertise. "Advertise" means to publish, display, or disseminate
1.10information, and includes, but is not limited to, the issuance of any card, sign, direct mail,
1.11Internet posting or the causing or permitting in one's name for any sign or marking on or in
1.12a building, vehicle, or structure or in a newspaper, magazine, any listing in any directory
1.13under a classification or heading that includes the words "massage," "massage therapist,"
1.14"therapeutic massage," or "massage therapeutic," or commercials broadcast by any means.
1.15    Subd. 3. Advisory council. "Advisory council" means the Registered Massage
1.16Therapist Advisory Council established under section 148.9861.
1.17    Subd. 4. Applicant. "Applicant" means an individual applying for massage therapy
1.18registration or registration renewal.
1.19    Subd. 5. Approved continuing education program. "Approved continuing
1.20education program" means a continuing education program that meets the continuing
1.21education requirements in section 148.9881 and is approved by the board.
1.22    Subd. 6. Approved massage therapy program. "Approved massage therapy
1.23program" means a university, college, or other postsecondary education program leading
1.24to eligibility for state registration in massage therapy that meets the requirements of
1.25section 148.988.
2.1    Subd. 7. Board. "Board" means the Minnesota Board of Nursing.
2.2    Subd. 8. Client. "Client" means a recipient of massage therapy services.
2.3    Subd. 9. Contact hour. "Contact hour" means an instructional session of at least
2.450 consecutive minutes, excluding coffee breaks, registration, meals without a speaker,
2.5and social activities.
2.6    Subd. 10. Credential. "Credential" means a license, registration, or certification.
2.7    Subd. 11. Competency exam. "Competency exam" means a massage therapy
2.8competency assessment that is approved by the board and is psychometrically valid, based
2.9on a job task analysis, and administered by a national testing organization.
2.10    Subd. 12. Health care provider. "Health care provider" means a person who is
2.11credentialed to practice the following: medicine as defined in section 147.081, chiropractic
2.12as defined in section 148.01, podiatry as defined in section 153.01, dentistry as defined in
2.13section 150A.05, physical therapy as defined in section 148.65, advanced practice nursing
2.14as defined in section 148.171, or other state-credentialed providers.
2.15    Subd. 13. Massage or massage therapy. "Massage" or "massage therapy" means
2.16a health care service involving systematic and structured touch and palpation, pressure
2.17and movement of the muscles, tendons, ligaments, and fascia, in order to reduce muscle
2.18tension, relieve soft tissue pain, improve circulation, increase flexibility, increase activity
2.19of the parasympathetic branch of the autonomic nervous system, or to promote general
2.20wellness, by use of the techniques and applications described in section 148.983.
2.21    Subd. 14. Massage therapist. "Massage therapist" means a health care professional
2.22registered under this chapter for the practice of massage therapy.
2.23    Subd. 15. Municipality. "Municipality" means a county, town, city, or other
2.24municipal corporation or political subdivision of this state.
2.25    Subd. 16. Physical agent modality. "Physical agent modality" means modalities
2.26that use the properties of light, water, temperature, sound, and electricity to produce
2.27a response in soft tissue.
2.28    Subd. 17. Practice of massage therapy. "Practice of massage therapy" means
2.29to engage professionally for compensation or as a volunteer in massage therapy or the
2.30instruction of professional technique coursework.
2.31    Subd. 18. Professional organization. "Professional organization" means an
2.32organization that represents massage therapists, was established before the year 2000,
2.33offers professional liability insurance as a benefit of membership, has an established code
2.34of professional ethics, and is board-approved.
3.1    Subd. 19. State. "State" means any state in the United States, the District of
3.2Columbia, Puerto Rico, the United States Virgin Islands, Guam, Canadian province, or
3.3foreign country, except "this state" means the state of Minnesota.

3.4    Sec. 3. [148.983] MASSAGE THERAPY.
3.5(a) The practice of massage therapy by a registered massage therapist includes
3.6the following:
3.7(1) use of any or all of the following techniques using the hands, forearms, or
3.8elbows or handheld mechanical or electrical devices that mimic or enhance the actions of
3.9the human hands: effleurage or gliding; petrissage or kneading; vibration and jostling;
3.10friction; tapotement or percussion; compression; fascial manipulation; passive stretching
3.11within the normal anatomical range of motion; and
3.12(2) application and use of any of the following: oils, lotions, gels, rubbing alcohol,
3.13or powders for the purpose of lubricating skin to be massaged; essential oils, or creams,
3.14with the exception of prescription-requiring medicinal creams; hot or cold stones; salt
3.15glows and wraps; and ice.
3.16(b) The practice of massage therapy does not include any of the following:
3.17(1) the act of making, changing, or discontinuing:
3.18(i) the diagnosis of any illness or disease; or
3.19(ii) recommendations by a state-credentialed health care provider without consulting
3.20that health care provider prior to altering a course of recommended massage therapy;
3.21(2) prescription of drugs or medicines;
3.22(3) intentional adjusting, manipulating, or mobilizing any articulations of the body
3.23or spine, including by means of a high velocity, low amplitude thrusting force or as
3.24described in section 146.23 or 148.01; or
3.25(4) application of physical agent modalities, injection therapy, or moxabustion.

3.26    Sec. 4. [148.984] LIMITATIONS ON PRACTICE.
3.27    Subdivision 1. Referrals. If a medical condition is beyond the scope of practice
3.28established by this chapter or by rules of the board for a registered massage therapist, the
3.29massage therapist must refer the client to a health care provider as defined in this chapter.
3.30    Subd. 2. Prohibited from practicing. A person whose registration under this
3.31chapter has been restricted, revoked, or application denied by the board, is restricted from
3.32practicing massage therapy in this state, up to and including being prohibited from practice.
3.33    Subd. 3. Penalty. A person who violates this section and section 148.983 is guilty
3.34of a misdemeanor and subject to section 214.11.

4.2    Subdivision 1. Designation. An individual regulated by this chapter is designated as
4.3a "registered massage therapist" or "RMT."
4.4    Subd. 2. Title protection. No individual may use the title "registered massage
4.5therapist," or use, in connection with the individual's name, the letters "RMT," or any other
4.6titles, words, letters, abbreviations, or insignia indicating or implying that the individual is
4.7registered or eligible for registration by this state as a registered massage therapist unless
4.8the individual has been registered as a massage therapist according to this chapter.
4.9    Subd. 3. Identification of practitioners. (a) A massage therapist registered in
4.10Minnesota shall be identified as a "registered massage therapist." If not written in full, this
4.11must be designated as RMT. A student attending a massage therapy training program and
4.12providing massage therapy services to the public as part of the student's training must be
4.13identified as a "Student Massage Therapist." This abbreviated designation is "Student MT."
4.14(b) The board may adopt rules for the implementation of this section, including
4.15the identification of terms or references that may be used only by registered massage
4.16therapists as necessary to protect the public.
4.17(c) A practitioner who is credentialed by another state, or who holds certification
4.18from organizations, agencies, or educational providers is not prohibited from using those
4.19terms, letters, or any figures, signs, or insignia to indicate that credential in advertising,
4.20provided the state and the credentialing body are clearly identified in the advertisement.
4.21(d) A practitioner who is licensed in another state may advertise as being a licensed
4.22practitioner provided the state and the licensing agency are clearly identified in the
4.24    Subd. 4. Other health care providers. Nothing in this chapter may be construed to
4.25prohibit, nor restrict the practice of, nor require massage therapy registration of any of
4.26the following:
4.27(1) a person holding a credential granted by this state, who utilizes massage therapy
4.28techniques within the scope of that credential, provided the practitioner does not imply
4.29that they are registered under this chapter; or
4.30(2) the natural health procedures, practices, and treatments in section 146A.01,
4.31subdivision 4, provided that those services are not advertised, designated, or implied to
4.32be from a registered massage therapist or other terms or abbreviations protected under
4.33this chapter.
4.34    Subd. 5. Penalty. A person who violates this section is guilty of a misdemeanor and
4.35subject to section 214.11.

5.1    Sec. 6. [148.986] POWERS OF BOARD.
5.2The board, acting with the advice of the Registered Massage Therapist Advisory
5.3Council, shall issue registrations to duly qualified applicants and shall exercise the
5.4following powers and duties:
5.5(1) adopt rules necessary to effect the provisions of sections 148.982 to 148.989;
5.6(2) conduct a competency exam that an applicant may use as the basis for
5.7establishing competence to be registered under section 148.987;
5.8(3) cause the prosecution of all registrants or applicants for violating sections
5.9148.982 to 148.989 and have power to incur any associated expense;
5.10(4) impose discipline as described in section 148.9884;
5.11(5) maintain a record of names and addresses of massage therapists registered by
5.12this chapter;
5.13(6) keep a permanent record of all its proceedings; and
5.14(7) employ and establish the duties of personnel necessary to carry on its work.

5.17    Subdivision 1. Creation; membership. (a) The Registered Massage Therapist
5.18Advisory Council is created and is composed of seven members appointed by the board.
5.19All members must have been residents of this state for at least three years prior to
5.20appointment. The advisory council consists of:
5.21(1) three public members, as defined in section 214.02; and
5.22(2) four members who, except for initial appointees, are registered massage
5.24(b) Initial appointees shall possess the qualifications necessary to become registered
5.25massage therapists and must do so as soon as applications for registration are available. A
5.26person may not be appointed to serve more than two consecutive full terms.
5.27    Subd. 2. Administration. The advisory council shall be organized and administered
5.28under section 15.059. The council shall not expire.
5.29    Subd. 3. Duties. The advisory council shall advise the board regarding:
5.30(1) standards of practice and a code of ethics for registered massage therapists;
5.31(2) distribution of information regarding massage therapist standards;
5.32(3) enforcement of sections 148.982 to 148.989;
5.33(4) applications and make recommendations of applicants for registration or
5.34registration renewal;
6.1(5) complaints and recommendations regarding disciplinary matters and proceedings
6.2according to sections 214.10, 214.103, and 214.13, subdivisions 6 and 7;
6.3(6) competency exams and approval of continuing education programs; and
6.4(7) perform other duties authorized for advisory councils under chapter 214, or
6.5as directed by the board.

6.6    Sec. 8. [148.987] REGISTRATION REQUIREMENTS.
6.7    Subdivision 1. Registration. To be eligible for registration under this chapter,
6.8an applicant must:
6.9(1) pay fees under section 148.989;
6.10(2) submit to procedures specified by the board for obtaining a criminal background
6.11check. The applicant shall pay fees associated with obtaining the criminal background
6.12check. The background check shall include records of the Minnesota Bureau of Criminal
6.13Apprehension and the Federal Bureau of Investigation and the results shall be forwarded
6.14directly to the board; and
6.15(3) file a written application on a form provided by the board that includes:
6.16(i) the applicant's name, Social Security number, home address and telephone
6.17number, business address and telephone number, and business setting;
6.18(ii) provide proof, as required by the board, of:
6.19(A) having obtained a high school diploma or its equivalent;
6.20(B) being 18 years of age or older;
6.21(C) current cardiopulmonary resuscitation and first aid certification; and
6.22(D) current professional liability insurance coverage, with a minimum of $1,000,000
6.23of coverage per occurrence;
6.24(iii) unless registered under subdivision 3 or 4, evidence satisfactory to the board of
6.25the successful completion of an approved education program;
6.26(iv) unless registered under subdivision 3 or 4, evidence satisfactory to the board of
6.27having passed a board-approved competency exam;
6.28(v) a description of any continuing education programming in which the applicant
6.29claims or advertises competence;
6.30(vi) a list of credentials or memberships held in other states or from private
6.31credentialing or professional organizations;
6.32(vii) a description of any other state or municipality's refusal to credential the
6.34(viii) a description of all professional disciplinary actions initiated against the
6.35applicant in any jurisdiction;
7.1(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
7.2(x) additional information as requested by the board;
7.3(xi) the applicant's signature on a statement that the information in the application is
7.4true and correct to the best of the applicant's knowledge; and
7.5(xii) the applicant's signature on a waiver authorizing the board to obtain access to
7.6the applicant's records in this state or any other state in which the applicant has completed
7.7an education program approved by the board or engaged in the practice of massage therapy.
7.8    Subd. 2. Registration prohibited. The board may deny an application for
7.9registration if the applicant:
7.10(1) has been convicted in this state of any of the following crimes, or in another
7.11state of equivalent crimes:
7.12(i) prostitution as defined under section 609.321, 609.324, and 609.3242;
7.13(ii) sexual attack as defined under section 611A.21;
7.14(iii) criminal sexual conduct under sections 609.342 to 609.3451, or 609.3453; or
7.15(iv) is a registered sex offender under section 243.166;
7.16(2) has had the ability to practice the natural health procedures, practices, and
7.17treatments in chapter 146A revoked, suspended, or limited with conditions under the
7.18provisions of chapter 146A, if the board determines the denial is necessary to protect
7.19the public; or
7.20(3) is charged or under investigation for complaints that would constitute a violation
7.21of the laws or rules established for the practice of massage therapy in this or any other
7.22state, the applicant shall not be registered until the complaints have been resolved in the
7.23applicant's favor. If a complaint is resolved in favor of the complainant, the application
7.24for registration may be denied.
7.25    Subd. 3. Registration by endorsement. (a) To be eligible for registration by
7.26endorsement, the applicant shall:
7.27(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3),
7.28items (i), (ii), and (v) to (xii); and
7.29(2) provide proof of a current and unrestricted credential for the practice of massage
7.30therapy in another state that has credentialing requirements at least equivalent to the
7.31requirements under this chapter. Proof shall include records as required by rules of the
7.33(b) In the event that a disciplinary proceeding or unresolved complaint is pending
7.34for a complaint regarding an action of the applicant that would constitute a violation
7.35of sections 148.982 to 148.989, or rules adopted by the board, the applicant shall not
7.36be registered in this state until the proceeding or complaint has been resolved in the
8.1applicant's favor. If a complaint is resolved in favor of the complainant, the application for
8.2licensure may be denied.
8.3(c) Registrations issued by endorsement shall expire on the same schedule and be
8.4renewed by the same procedures as registrations issued under subdivision 1.
8.5(d) An applicant for registration by endorsement may apply to the board for a
8.6temporary permit under subdivision 5.
8.7    Subd. 4. Registration by grandfathering. (a) To be eligible for registration by
8.8grandfathering, the applicant shall:
8.9(1) meet the requirements for registration in subdivision 1, clauses (1), (2), and (3),
8.10items (i), (ii), and (v) to (xii); and
8.11(2) provide proof specified by the board demonstrating the applicant has met at
8.12least one of the following qualifications:
8.13(i) successful completion of at least 500 hours of supervised classroom and hands-on
8.14instruction relating to massage therapy which may be established by an official transcript,
8.15certificate of completion, or other record as approved by the board;
8.16(ii) successful completion of one of the board-approved competency exams which
8.17shall be established by submitting records as required by the board;
8.18(iii) employment for at least the previous two years prior to the effective date of
8.19sections 148.981 to 148.989 in the practice of massage therapy which shall be established
8.20by Internal Revenue Service income tax return forms, business records, or other records as
8.21approved by the board; or
8.22(iv) active membership in a professional organization for at least two years prior to
8.23the effective date of sections 148.981 to 148.989 which shall be established by a letter
8.24verifying the applicant's initial membership date and current standing sent directly to the
8.25board from the professional organization, or other records as approved by the board.
8.26(b) Registrations issued by grandfathering shall expire on the same schedule and be
8.27renewed by the same procedures as registrations issued under subdivision 1.
8.28(c) Registration by grandfathering is effective for one year after the first date the
8.29board has made applications available.
8.30(d) An applicant for registration by grandfathering may apply to the board for a
8.31temporary permit under subdivision 5.
8.32    Subd. 5. Temporary permit. The board may issue a temporary permit to practice
8.33as a registered massage therapist to an applicant eligible for registration under this section
8.34if the application for registration is complete, all applicable requirements in this section
8.35have been met, and the fee required in section 148.989 has been paid. The temporary
9.1permit is valid until the board makes a decision on the massage therapist's application
9.2for registration.

9.3    Sec. 9. [148.9871] EXPIRATION AND RENEWAL.
9.4    Subdivision 1. Registration expiration. Registrations issued under section 148.987
9.5expire annually.
9.6    Subd. 2. Renewal. To be eligible for registration renewal a registrant must:
9.7(1) annually, or as determined by the board, complete a renewal application on a
9.8form provided by the board;
9.9(2) submit the renewal fee;
9.10(3) provide evidence every two years of a total of 12 contact hours of approved
9.11continuing education in section 148.9881; and
9.12(4) submit any additional information requested by the board to clarify information
9.13presented in the renewal application. The information must be submitted within 30 days
9.14after the board's request, or the renewal request is nullified.
9.15    Subd. 3. Change of address. A registrant who changes addresses must inform
9.16the board within 30 days, in writing, of the change of address. Notices or other
9.17correspondence mailed to or served on a registrant at the registrant's current address on
9.18file shall be considered received by the registrant.
9.19    Subd. 4. Registration renewal notice. At least 60 days before the registration
9.20renewal date, the board shall send out a renewal notice to the last known address of the
9.21registrant on file. The notice must include a renewal application and a notice of fees
9.22required for renewal. The notice must inform the registrant that registration will expire
9.23without further action by the board if an application for registration renewal is not received
9.24before the deadline for renewal. The registrant's failure to receive this notice shall not
9.25relieve the registrant of the obligation to meet the deadline and other requirements
9.26for registration renewal. Failure to receive this notice is not grounds for challenging
9.27expiration of registered status.
9.28    Subd. 5. Renewal deadline. The renewal application and fee must be postmarked
9.29on or before October 1 of the year of renewal or as determined by the board. If the
9.30postmark is illegible, the application shall be considered timely if received by the third
9.31working day after the deadline.
9.32    Subd. 6. Inactive status and return to active status. (a) A registration may be
9.33placed in inactive status upon application to the board by the registrant and upon payment
9.34of an inactive status fee.
10.1(b) A registrant seeking restoration to active from inactive status must pay the
10.2current renewal fees and all unpaid back inactive fees. The registrant must meet the
10.3criteria for renewal specified in subdivision 7, including continuing education hours
10.4equivalent to one hour for each month of inactive status, prior to submitting an application
10.5to regain registered status. If the inactive status extends beyond five years, a qualifying
10.6score on a competency exam is required.
10.7    Subd. 7. Registration following lapse of registration status for two years or less.
10.8For an individual whose registration status has lapsed for two years or less, to regain
10.9registration status, the individual must:
10.10(1) apply for registration renewal according to subdivision 2;
10.11(2) document compliance with the continuing education requirements in section
10.12148.9881 since the registrant's initial registration or last renewal; and
10.13(3) submit the fees required in section 148.989 for the period not registered,
10.14including the fee for late renewal.
10.15    Subd. 8. Cancellation due to nonrenewal. The board shall not renew, reissue,
10.16reinstate, or restore a registration that has lapsed and has not been renewed within two
10.17years. A registrant whose registration is canceled for nonrenewal must obtain a new
10.18registration by applying for registration and fulfilling all requirements then in existence
10.19for initial registration as a massage therapist.
10.20    Subd. 9. Cancellation of registration in good standing. (a) A registrant holding
10.21active registration as a massage therapist in this state may, upon approval of the board, be
10.22granted registration cancellation if the board is not investigating the person as a result of a
10.23complaint or information received or if the board has not begun disciplinary proceedings
10.24against the registrant. This action by the board shall be reported as a cancellation of
10.25registration in good standing.
10.26(b) A registrant who receives board approval for registration cancellation is not
10.27entitled to a refund of any registration fees paid for the registration period in which
10.28cancellation of the registration occurred.
10.29(c) To obtain registration after cancellation, a registrant must obtain a new
10.30registration by applying for registration and fulfilling the requirements then in existence
10.31for obtaining initial registration as a massage therapist.

10.32    Sec. 10. [148.988] MASSAGE THERAPY PROGRAM.
10.33    Subdivision 1. Initial approval. An institution desiring to conduct a massage
10.34therapy program from which graduates will be eligible for registration under section
11.1148.987 shall apply to the board, pay fees under section 148.989, and submit evidence
11.2that the institution is:
11.3(1) teaching or prepared to teach a program of at least 500 contact hours of combined
11.4massage therapy theory and practice training;
11.5(2) licensed by the Minnesota Office of Higher Education or equivalent agency in
11.6another state;
11.7(3) accredited by an agency recognized by the United States Secretary of Education
11.8for accrediting such programs or institutions:
11.9(i) schools without accreditation must meet the requirements of clauses (1) and
11.10(2), must be in the accreditation application process, and must gain accreditation within
11.11two years of the effective date of sections 148.981 to 148.989 or within two years of
11.12commencing operations as a massage therapy program, whichever is later; and
11.13(ii) an applicant for registration who graduates from a program prior to the program
11.14becoming accredited must pass an approved competency exam; and
11.15(4) prepared to meet other standards established by law and by the board.
11.16    Subd. 2. Continuing approval. An approved program shall annually make
11.17application to continue approval based on the conditions of subdivision 1.
11.18    Subd. 3. Loss of approval. If the board determines that an approved massage
11.19therapy program is not maintaining the standards required by applicable law and rules,
11.20notice in writing specifying the defect shall be given to the program. If a program fails to
11.21correct these conditions to the satisfaction of the board within a reasonable time set in
11.22the notice of defect, approval of the program may be revoked and the program shall be
11.23removed from the list of approved massage therapy programs.
11.24    Subd. 4. Reinstatement of approval. The board may reinstate approval of a
11.25massage therapy program upon submission of satisfactory evidence that its program of
11.26theory and practice, state licensure, and accreditation meets the standards required by law
11.27and rules then in effect.

11.28    Sec. 11. [148.9881] CONTINUING EDUCATION.
11.29    Subdivision 1. Number of required contact hours. A registered massage therapist
11.30shall complete during every two-year period at least the equivalent of 12 contact hours of
11.31continuing education in programs approved by the board.
11.32    Subd. 2. Approved programs. The board may approve continuing education
11.33programs that have been taught, sponsored, or approved by:
11.34(1) an approved credentialing or professional organization;
11.35(2) state licensed health care facility;
12.1(3) an accredited college or university; or
12.2(4) a board-approved school.
12.3    Subd. 3. Approval of continuing education programs. The board may also
12.4approve continuing education programs that do not meet the requirements of subdivision 2
12.5but pay fees under section 148.989 and meet all of the following criteria:
12.6(1) the program content directly relates to the practice of massage therapy;
12.7(2) each member of the program faculty is knowledgeable in the subject matter as
12.8demonstrated by a degree from an accredited education program, verifiable experience in
12.9the field of massage therapy, special training in the subject matter, or experience teaching
12.10in the subject area;
12.11(3) the program lasts at least 50 minutes per contact hour;
12.12(4) there are specific, measurable, written objectives, consistent with the program,
12.13describing the expected outcomes for the participants; and
12.14(5) the program sponsor has a mechanism to verify participation and maintains
12.15attendance records for three years.
12.16    Subd. 4. Accumulation of contact hours. A registrant may not apply contact hours
12.17acquired in one two-year reporting period to a future continuing education reporting
12.19    Subd. 5. Verification of continuing education. The board shall periodically select
12.20a random sample of registrants and require those registrants to supply the board with
12.21evidence of having completed the continuing education to which they attested.
12.22    Subd. 6. Continuing education topics. Continuing education program topics may
12.23include, but are not limited to, techniques, modalities, and theory directly relating to
12.24the practice of massage therapy, business practices, pathology, prevention of spreading
12.25disease and medical errors, treatment contraindications, anatomy and physiology, areas of
12.26professional ethics, research literacy, or other coursework as approved by the board.
12.27    Subd. 7. Continuing education exemptions. The board may exempt any person
12.28holding a registration under section 148.987 from some or all of the requirements of
12.29subdivision 1 upon application showing evidence satisfactory to the board of inability to
12.30comply with the requirements because of physical or mental condition or because of other
12.31unusual or extenuating circumstances. No person may be exempted from the requirements
12.32of subdivision 1 more than once in any five-year period.

12.33    Sec. 12. [148.9882] BOARD ACTION ON APPLICATIONS.
12.34(a) The board shall act on each application for registration according to paragraphs
12.35(b) to (d).
13.1(b) The board or advisory council shall determine if the applicant meets the
13.2requirements for registration or renewal under sections 148.987 and 148.9871. The board
13.3or advisory council may investigate information provided by an applicant to determine
13.4whether the information is accurate and complete, including requesting additional
13.5information or documentation.
13.6(c) The board shall notify each applicant in writing of action taken on the application,
13.7the grounds for denying registration if registration is denied, and the applicant's right
13.8to review under paragraph (d).
13.9(d) An applicant denied registration may make a written request to the board, within
13.1030 days of the board's notice, to appear before the advisory council and for the advisory
13.11council to review the board's decision to deny the applicant's registration. After reviewing
13.12the denial, the advisory council shall make a recommendation to the board as to whether
13.13the denial shall be affirmed. An applicant is allowed only one request for review per
13.14registration period.

13.15    Sec. 13. [148.9883] GROUNDS FOR DISCIPLINARY ACTION;
13.17    Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit, or
13.18condition the registration of a massage therapist registered or applying for registration
13.19as a massage therapist or may otherwise discipline a registrant as described in section
13.20148.9884. The fact that massage therapy may be a less customary approach to health care
13.21shall not constitute the basis for disciplinary action per se. The following are grounds for
13.22disciplinary action:
13.23(1) failure to demonstrate the qualifications or satisfy the requirements for
13.24registration as a massage therapist contained in sections 148.982 to 148.989, or rules of
13.25the board. A person applying for registration has the burden of demonstrating the required
13.26qualifications or satisfy the requirements;
13.27(2) engaging in false, fraudulent, deceptive, or misleading advertising, including,
13.28but not limited to:
13.29(i) advertising, representing, or presenting as a "Registered Massage Therapist" or
13.30any abbreviation or derivative of this to indicate this title, when the registration is not
13.31valid or current for any reason;
13.32(ii) advertising, representing, or presenting as a "Licensed Massage Therapist" or
13.33any abbreviation or derivative of this to indicate this title, unless the practitioner currently
13.34holds a valid state license in another state and clearly indicates what state the credential
13.35is held in;
14.1(iii) advertising to offer a service that would constitute a violation of sections
14.2148.981 to 148.989 or rules adopted by the board shall be considered grounds for
14.3discipline, regardless of whether actual injury to a client is established; and
14.4(iv) using fraud, deceit, or misrepresentation when communicating with the general
14.5public, health care providers, or other business professionals;
14.6(3) falsified information in a massage therapy registration or renewal application
14.7or attempting to obtain registration, registration renewal, or reinstatement by fraud,
14.8deception, or misrepresentation, or aided and abetted any of these acts;
14.9(4) engaging in conduct with a client that is sexual or may reasonably be interpreted
14.10by the client as sexual, or in any verbal behavior that is seductive or sexually demeaning
14.11to a client, or engaging in sexual exploitation of a client, without regard to who initiates
14.12the behaviors;
14.13(5) failure to refer a client to a general health care provider when the services
14.14required by the client are beyond the level of competence of the massage therapist or
14.15beyond the scope of practice of massage therapy in section 148.983;
14.16(6) committing an act of gross malpractice, negligence, or incompetency, or failing
14.17to practice massage therapy with the level of care, skill, and treatment that is recognized
14.18by a reasonably prudent massage therapist as being acceptable under similar conditions
14.19and circumstances, regardless of whether actual injury to the client occurs;
14.20(7) actual or potential inability to practice massage therapy with reasonable skill
14.21and safety to clients by reason of illness, as a result of any mental or physical condition,
14.22or use of alcohol, drugs, chemicals, or any other material, regardless of whether actual
14.23injury to the client occurs;
14.24(8) being adjudicated as mentally incompetent, mentally ill, a chemically dependent
14.25person, or a person dangerous to the public by a court of competent jurisdiction, within
14.26or without this state may be considered as evidence of the inability to practice massage
14.28(9) being the subject of disciplinary action as a massage therapist by another state or
14.29jurisdiction and the board or advisory council determines that the cause of the disciplinary
14.30action would be a violation under this state's laws or rules if the violation occurred in
14.31this state;
14.32(10) failure to notify the board of having had a credential revoked, suspended,
14.33or any other disciplinary action taken including restrictions on the right to practice, or
14.34an application for credential refused, revoked, suspended, or otherwise disciplined by
14.35authorities of another state, territory, or country; or surrendered or voluntarily terminated a
15.1credential during a board investigation of a complaint, as part of a disciplinary order, or
15.2while under a disciplinary order;
15.3(11) being convicted of or pled guilty or nolo contendere to a felony or other
15.4crime, an element of which is dishonesty or fraud, or proven to have engaged in acts
15.5or practice showing that the applicant or registrant is incompetent or has engaged in
15.6conduct reflecting adversely on the applicant's or registrant's ability or fitness to engage in
15.7the practice of massage therapy;
15.8(12) practicing or offering to practice beyond the scope of the practice of massage
15.10(13) improperly managing client records and information including, but not limited
15.11to, failure to maintain adequate client records, comply with a client's request made under
15.12sections 144.291 to 144.298, furnish a client record or report required by law;
15.13(14) revealing a privileged communication from or relating to a client except when
15.14otherwise required or permitted by law;
15.15(15) providing massage therapy services that are in any way linked to the financial
15.16gain of a referral source;
15.17(16) obtaining money, property, or services from a client, other than reasonable
15.18fees for services provided to the client, through the use of undue influence, harassment,
15.19duress, deception, or fraud;
15.20(17) engaging in abusive or fraudulent billing practices, including violations of
15.21federal Medicare and Medicaid laws or state medical assistance laws;
15.22(18) failure to consult the client's health care provider who recommended a course
15.23of massage therapy treatment if the treatment needs to be altered from the original
15.24written recommendations to conform with standards in the massage therapy field or the
15.25practitioner's level of training or experience;
15.26(19) failure to cooperate with an investigation of the board or its representative,
15.27including responding fully and promptly to any question raised by or on behalf of the
15.28board relating to the subject of the investigation, executing all releases requested by
15.29the board, providing copies of client records, requested by the board to assist it in its
15.30investigation, and appearing at conferences or hearings scheduled by the board or its staff;
15.31(20) interfering with an investigation or disciplinary proceeding, including by willful
15.32misrepresentation of facts or by the use of threats or harassment to prevent a person from
15.33providing evidence in a disciplinary proceeding or any legal action;
15.34(21) violating a law, rule, order, or agreement for corrective action that the board
15.35issued or is otherwise authorized or empowered to enforce;
16.1(22) failure to report to the board other massage therapists who commit violations
16.2of this chapter; or
16.3(23) failure to notify the board, in writing, of the entry of a final judgment by a
16.4court of competent jurisdiction against the registrant for malpractice of massage therapy
16.5or any settlement by the registrant in response to charges or allegations of malpractice
16.6of massage therapy.
16.7The notice in clause (23) must be provided to the board within 60 days after the
16.8entry of the judgment or settlement and, in the case of a judgment, must contain the name
16.9of the court, the case number, and the names of all parties to the action.
16.10    Subd. 2. Maltreatment of minors. Nothing in sections 148.981 to 148.989 shall
16.11restrict the ability of a local or state agency to take action regarding the maltreatment of
16.12minors under section 609.378 or 626.556. A parent who obtains massage therapy services
16.13for the parent's minor child is not relieved of the duty to seek necessary medical care
16.14consistent with the requirements of sections 609.378 and 626.556. A registered massage
16.15therapist who is providing services to a child who is not receiving necessary medical care
16.16must make a report under section 626.556. A registered massage therapist is a mandated
16.17reporter under section 626.556, subdivision 3.
16.18    Subd. 3. Evidence. In disciplinary actions alleging a violation of subdivision 1,
16.19a copy of the judgment or proceeding under the seal of the court administrator or of the
16.20administrative agency that entered the judgment or proceeding is admissible into evidence
16.21without further authentication and constitutes prima facie evidence of the violation.
16.22    Subd. 4. Examination; access to medical data. (a) The board may take the
16.23following actions if it has probable cause to believe that grounds for disciplinary action
16.24exist under subdivision 1, clause (7) or (8):
16.25(1) direct the applicant or massage therapist to submit to a mental or physical
16.26examination or chemical dependency evaluation. For the purpose of this subdivision, when
16.27a massage therapist registered under sections 148.987 to 148.9871 is directed in writing
16.28by the board to submit to a mental or physical examination or chemical dependency
16.29evaluation, that person is considered to have consented and to have waived all objections to
16.30admissibility on the grounds of privilege. Failure of the applicant or massage therapist to
16.31submit to an examination when directed constitutes an admission of the allegations against
16.32the applicant or massage therapist, unless the failure was due to circumstances beyond the
16.33person's control, and the board may enter a default and final order without taking testimony
16.34or allowing evidence to be presented. A massage therapist affected under this paragraph
16.35shall, at reasonable intervals, be given an opportunity to demonstrate that the competent
16.36practice of massage therapy can be resumed with reasonable skill and safety to clients.
17.1Neither the record of proceedings nor the order entered by the board in a proceeding under
17.2this paragraph may be used against a massage therapist in any other proceeding; and
17.3(2) notwithstanding sections 13.384, 144.651, and 595.02, or any other law limiting
17.4access to medical or other health data, obtain medical data and health records relating to a
17.5registered massage therapist or applicant for registration without that person's consent.
17.6The medical data may be requested from a provider as defined in section 144.291,
17.7subdivision 2, paragraph (h), an insurance company, or a government agency. A provider,
17.8insurance company, or government agency shall comply with any written request of the
17.9board under this subdivision and is not liable in any action for damages for releasing the
17.10data requested by the board if the data are released according to a written request under
17.11this subdivision unless the information is false and the provider giving the information
17.12knew, or had reason to believe, the information was false. Information obtained under this
17.13subdivision is classified as private data on individuals as defined in section 13.02.

17.16    Subdivision 1. Forms of disciplinary action. When the board finds that grounds
17.17for disciplinary action exist under section 148.9883, the board may take one or more
17.18of the following actions:
17.19(1) deny the registration or registration renewal;
17.20(2) revoke the registration;
17.21(3) suspend the registration;
17.22(4) impose limitations on the massage therapist's practice of massage therapy
17.23including, but not limited to, limitation of scope of practice or the requirement of practice
17.24under supervision;
17.25(5) impose conditions on the retention of the registration including, but not limited
17.26to, the imposition of retraining or rehabilitation requirements or the conditioning of
17.27continued practice on demonstration of knowledge or skills by appropriate examination,
17.28monitoring, or other review;
17.29(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
17.30amount of the civil penalty to be fixed as to deprive the massage therapist of any economic
17.31advantage gained by reason of the violation charged, to reimburse the board for the cost of
17.32counsel, investigation, and proceeding, and to discourage repeated violations;
17.33(7) order the massage therapist to provide unremunerated service;
17.34(8) censure or reprimand the massage therapist; or
17.35(9) any other action justified by the facts in the case.
18.1    Subd. 2. Automatic suspension. (a) Unless the board orders otherwise, a
18.2registration to practice massage therapy is automatically suspended if:
18.3(1) a guardian of a massage therapist is appointed by court order under chapter 524;
18.4(2) the massage therapist is committed by court order under chapter 253B; or
18.5(3) the massage therapist is determined to be mentally incompetent, mentally ill,
18.6chemically dependent, or a person dangerous to the public by a court of competent
18.7jurisdiction within or without this state.
18.8(b) The registration remains suspended until the massage therapist is restored
18.9to capacity by a court and, upon petition by the massage therapist, the suspension is
18.10terminated by the board after a hearing or upon agreement between the board and the
18.11massage therapist.
18.12    Subd. 3. Temporary suspension of registration. In addition to any other remedy
18.13provided by law, the board may, through its advisory council, designated board member,
18.14or representative under section 214.10, subdivision 2, temporarily suspend the registration
18.15of a massage therapist without a hearing if the board finds that there is probable cause to
18.16believe the massage therapist has violated a law or rule the board is empowered to enforce
18.17and continued practice by the massage therapist would create a serious risk of harm to
18.18others. The suspension shall take effect upon written notice to the massage therapist,
18.19serviced by first-class mail, specifying the law or rule violated. The suspension shall
18.20remain in effect until the board issues a temporary stay of suspension or a final order in the
18.21matter after a hearing or upon agreement between the board and the massage therapist. At
18.22the time the board issues the suspension notice, the board shall schedule a disciplinary
18.23hearing to be held under chapter 14. The massage therapist shall be provided with at least
18.2420 days' notice of any hearing held under this subdivision. The hearing shall be scheduled
18.25to begin no later than 30 days after the issuance of the suspension order.
18.26    Subd. 4. Reissuance. The board may reinstate and reissue a registration for massage
18.27therapy, but as a condition may impose any disciplinary or corrective measure that it might
18.28originally have imposed. A person whose registration has been revoked, suspended, or
18.29limited may have the registration reinstated and a new registration issued when, in the
18.30discretion of the board, the action is warranted, provided that the person is required by
18.31the board to pay the costs of the proceedings resulting in the revocation, suspension, or
18.32limitation of the registration and reinstatement of the registration, and to pay the fee for
18.33the current registration period. The cost of proceedings shall include, but not be limited
18.34to, the cost paid by the board to the Office of Administrative Hearings and the Office of
18.35the Attorney General for legal and investigative services, the costs of a court reporter and
19.1witnesses, reproduction of records, board staff time, travel, and expenses, and board
19.2members' per diem reimbursements, travel costs, and expenses.

19.3    Sec. 15. [148.9885] REPORTING OBLIGATIONS.
19.4    Subdivision 1. Permission to report. A person who has knowledge of any conduct
19.5constituting grounds for discipline under section 148.9883 may report the alleged
19.6violation to the board.
19.7    Subd. 2. Institutions. Any hospital, clinic, prepaid medical plan, or other health
19.8care institution or organization located in this state shall report to the board any action
19.9taken by the institution or organization or any of its administrators or committees to
19.10revoke, suspend, limit, or condition a massage therapist's privilege to practice in the
19.11institution, or as part of the organization, any denial of privileges, any dismissal from
19.12employment, or any other disciplinary action. The institution or organization shall also
19.13report the resignation of any massage therapist before the conclusion of any disciplinary
19.14proceeding, or before commencement of formal charges, but after the massage therapist
19.15has knowledge that formal charges are contemplated or in preparation. The reporting
19.16described by this subdivision is required only if the action pertains to grounds for
19.17disciplinary action under section 148.9883.
19.18    Subd. 3. Credentialed professionals. A person credentialed by a health-related
19.19licensing board as defined in section 214.01, subdivision 2, shall report to the board
19.20personal knowledge of any conduct the person reasonably believes constitutes grounds
19.21for disciplinary action under sections 148.9883 to 148.9884 by any massage therapist
19.22including conduct indicating that the massage therapist may be incompetent, may have
19.23engaged in unprofessional or unethical conduct, or may be mentally or physically unable
19.24to engage safely in the practice of massage therapy.
19.25    Subd. 4. Insurers. Four times each year, by the first day of February, May, August,
19.26and November, each insurer authorized to sell insurance described in section 60A.06,
19.27subdivision 1, clause (13), and providing professional liability insurance to registered
19.28massage therapists shall submit to the board a report concerning any registered massage
19.29therapist against whom a malpractice award has been made or who has been a party to a
19.30settlement. The report must contain at least the following information:
19.31(1) the total number of settlements or awards;
19.32(2) the date settlement or award was made;
19.33(3) the allegations contained in the claim or complaint leading to the settlement
19.34or award;
20.1(4) the dollar amount of each malpractice settlement or award and whether that
20.2amount was paid as a result of a settlement or of an award; and
20.3(5) the name and address of the practice of the massage therapist against whom an
20.4award was made or with whom a settlement was made.
20.5An insurer shall also report to the board any information the insurer possesses that
20.6tends to substantiate a charge that a massage therapist may have engaged in conduct
20.7violating section 148.9883.
20.8    Subd. 5. Courts. The court administrator of district court or another court of
20.9competent jurisdiction shall report to the board any judgment or other determination of
20.10the court that adjudges or includes a finding that a massage therapist is a person who is
20.11mentally ill, mentally incompetent, chemically dependent, dangerous to the public, guilty
20.12of a felony or gross misdemeanor, guilty of a violation of federal or state narcotics laws or
20.13controlled substances act, guilty of operating a motor vehicle while under the influence
20.14of alcohol or a controlled substance, or guilty of an abuse or fraud under Medicare or
20.15Medicaid, appoints a guardian of the massage therapist under chapter 524, or commits
20.16a massage therapist under chapter 253B.
20.17    Subd. 6. Deadlines; forms. Reports required by subdivisions 2 to 5 must be
20.18submitted no later than 30 days after the occurrence of the reportable event or transaction.
20.19The board may provide forms for the submission of reports required by this section, may
20.20require that the reports be submitted on the forms provided, and may adopt rules necessary
20.21to assure prompt and accurate reporting. The advisory panel shall review all reports,
20.22including those submitted after the deadline, and make recommendations to the board.

20.23    Sec. 16. [148.9886] IMMUNITY.
20.24    Subdivision 1. Reporting. A person, health care facility, business, or organization is
20.25immune from civil liability or criminal prosecution for submitting in good faith a report to
20.26the board under section 148.9885 or for otherwise reporting in good faith to the board
20.27violations or alleged violations of section 148.9883. The reports are investigative data
20.28as defined in chapter 13.
20.29    Subd. 2. Investigation. (a) Members of the advisory council, board, and persons
20.30employed by the board or engaged in the investigation of violations and in the preparation
20.31and management of charges of violations of section 148.9883 on behalf of the advisory
20.32council, board, or persons participating in the investigation or testifying regarding charges
20.33of violations are immune from civil liability and criminal prosecution for any actions,
20.34transactions, or publications in the execution of, or relating to, their duties under section
21.1(b) Members of the advisory council, board, and persons employed by the board or
21.2engaged in maintaining records and making reports regarding adverse health care events
21.3are immune from civil liability and criminal prosecution for any actions, transactions,
21.4or publications in the execution of or relating to their duties under sections 148.982 to

21.6    Sec. 17. [148.9887] MASSAGE THERAPIST COOPERATION.
21.7A massage therapist who is the subject of an investigation by or on behalf of the
21.8board shall cooperate fully with the investigation. Cooperation includes responding fully
21.9and promptly to all questions raised by or on behalf of the board relating to the subject of
21.10the investigation and providing copies of client or other records in the massage therapist's
21.11possession, requested by the advisory council or board, to assist the advisory council
21.12or board's investigation, and to appear at conferences and hearings scheduled by the
21.13advisory council or board. The board shall pay for copies requested. If the advisory
21.14council or board does not have a written consent from a client permitting access to the
21.15client's records, the massage therapist or employer of the massage therapist at the time
21.16of the alleged violation shall delete any data in the record that identifies the client before
21.17providing it to the advisory council or board. The board shall maintain any records
21.18obtained under this section as investigative data under chapter 13. The massage therapist
21.19shall not be excused from giving testimony or producing any documents, books, records,
21.20or correspondence on the grounds of self-incrimination, but the testimony or evidence
21.21may not be used against the massage therapist in any criminal case.

21.23Upon judicial review of any board disciplinary action taken under section 148.9884,
21.24the reviewing court shall seal the administrative record, except for the board's final
21.25decision, and shall not make the administrative record available to the public.

21.26    Sec. 19. [148.9889] EFFECT ON MUNICIPAL ORDINANCES.
21.27    Subdivision 1. License authority. The provisions of sections 148.981 to 148.989
21.28preempt the licensure and regulation of a registered massage therapist by a municipality,
21.29including, without limitation, conducting a criminal background investigation and
21.30examination of a massage therapist or applicant for a municipal credential to practice
21.31massage therapy.
21.32    Subd. 2. Business license or permit. The provisions of this chapter do not prohibit
21.33a municipality from requiring a massage therapist to obtain a license or permit to transact
22.1business within the jurisdiction of the municipality, if the license or permit is required of
22.2other persons, regardless of occupation or profession, who transact business within the
22.3jurisdiction of the municipality. A massage therapist working under a business license or
22.4permit must follow the requirement in section 325F.816.
22.5    Subd. 3. Prosecuting authority. The provisions of this chapter do not prohibit any
22.6municipality of this state from prosecuting:
22.7(1) an unregistered person engaged in the practice of massage therapy; or
22.8(2) a registered massage therapist who is engaged in unlawful conduct.

22.9    Sec. 20. [148.989] FEES.
22.10    Subdivision 1. Fees. Fees are as follows:
22.11(1) initial registration with application, $272;
22.12(2) annual registration renewal, $172;
22.13(3) initial school approval with accreditation, $300;
22.14(4) initial school approval without accreditation, $450;
22.15(5) school approval renewal, $175;
22.16(6) continuing education program approval, $40;
22.17(7) duplicate registration certificate, $30;
22.18(8) late fee, $40;
22.19(9) inactive status and inactive to active status reactivation, $100;
22.20(10) temporary permit, $50; and
22.21(11) returned check, $35.
22.22    Subd. 2. Proration of fees. The board may prorate the initial registration fee. All
22.23registrants are required to pay the full fee upon registration renewal.
22.24    Subd. 3. Penalty fee for late renewals. An application for registration renewal
22.25submitted after the deadline must be accompanied by a late fee in addition to the required
22.27    Subd. 4. Nonrefundable fees. All of the fees in subdivision 1 are nonrefundable.
22.28    Subd. 5. Deposit. Fees collected by the board under this section shall be deposited
22.29into the state government special revenue fund.

22.30    Sec. 21. EFFECTIVE DATE.
22.31This article is effective August 1, 2010.


23.3    Section 1. Minnesota Statutes 2008, section 116J.70, subdivision 2a, is amended to
23.5    Subd. 2a. License; exceptions. "Business license" or "license" does not include
23.6the following:
23.7(1) any occupational license or registration issued by a licensing board listed in
23.8section 214.01 or any occupational registration issued by the commissioner of health
23.9pursuant to section 214.13;
23.10(2) any license issued by a county, home rule charter city, statutory city, township, or
23.11other political subdivision;
23.12(3) any license required to practice the following occupation regulated by the
23.13following sections:
23.14(i) abstracters regulated pursuant to chapter 386;
23.15(ii) accountants regulated pursuant to chapter 326A;
23.16(iii) adjusters regulated pursuant to chapter 72B;
23.17(iv) architects regulated pursuant to chapter 326;
23.18(v) assessors regulated pursuant to chapter 270;
23.19(vi) athletic trainers regulated pursuant to chapter 148;
23.20(vii) attorneys regulated pursuant to chapter 481;
23.21(viii) auctioneers regulated pursuant to chapter 330;
23.22(ix) barbers and cosmetologists regulated pursuant to chapter 154;
23.23(x) boiler operators regulated pursuant to chapter 183;
23.24(xi) chiropractors regulated pursuant to chapter 148;
23.25(xii) collection agencies regulated pursuant to chapter 332;
23.26(xiii) dentists, registered dental assistants, and dental hygienists regulated pursuant
23.27to chapter 150A;
23.28(xiv) detectives regulated pursuant to chapter 326;
23.29(xv) electricians regulated pursuant to chapter 326;
23.30(xvi) mortuary science practitioners regulated pursuant to chapter 149A;
23.31(xvii) engineers regulated pursuant to chapter 326;
23.32(xviii) insurance brokers and salespersons regulated pursuant to chapter 60A;
23.33(xix) certified interior designers regulated pursuant to chapter 326;
23.34(xx) midwives regulated pursuant to chapter 147D;
23.35(xxi) nursing home administrators regulated pursuant to chapter 144A;
23.36(xxii) optometrists regulated pursuant to chapter 148;
24.1(xxiii) osteopathic physicians regulated pursuant to chapter 147;
24.2(xxiv) pharmacists regulated pursuant to chapter 151;
24.3(xxv) physical therapists regulated pursuant to chapter 148;
24.4(xxvi) physician assistants regulated pursuant to chapter 147A;
24.5(xxvii) physicians and surgeons regulated pursuant to chapter 147;
24.6(xxviii) plumbers regulated pursuant to chapter 326;
24.7(xxix) podiatrists regulated pursuant to chapter 153;
24.8(xxx) practical nurses regulated pursuant to chapter 148;
24.9(xxxi) professional fund-raisers regulated pursuant to chapter 309;
24.10(xxxii) psychologists regulated pursuant to chapter 148;
24.11(xxxiii) real estate brokers, salespersons, and others regulated pursuant to chapters
24.1282 and 83;
24.13(xxxiv) registered nurses regulated pursuant to chapter 148;
24.14(xxxv) securities brokers, dealers, agents, and investment advisers regulated
24.15pursuant to chapter 80A;
24.16(xxxvi) steamfitters regulated pursuant to chapter 326;
24.17(xxxvii) teachers and supervisory and support personnel regulated pursuant to
24.18chapter 125;
24.19(xxxviii) veterinarians regulated pursuant to chapter 156;
24.20(xxxix) water conditioning contractors and installers regulated pursuant to chapter
24.22(xl) water well contractors regulated pursuant to chapter 103I;
24.23(xli) water and waste treatment operators regulated pursuant to chapter 115;
24.24(xlii) motor carriers regulated pursuant to chapter 221;
24.25(xliii) professional firms regulated under chapter 319B;
24.26(xliv) real estate appraisers regulated pursuant to chapter 82B;
24.27(xlv) residential building contractors, residential remodelers, residential roofers,
24.28manufactured home installers, and specialty contractors regulated pursuant to chapter 326;
24.29(xlvi) licensed professional counselors regulated pursuant to chapter 148B; or
24.30(xlvii) registered massage therapists regulated pursuant to chapter 148;
24.31(4) any driver's license required pursuant to chapter 171;
24.32(5) any aircraft license required pursuant to chapter 360;
24.33(6) any watercraft license required pursuant to chapter 86B;
24.34(7) any license, permit, registration, certification, or other approval pertaining to a
24.35regulatory or management program related to the protection, conservation, or use of or
25.1interference with the resources of land, air, or water, which is required to be obtained
25.2from a state agency or instrumentality; and
25.3(8) any pollution control rule or standard established by the Pollution Control
25.4Agency or any health rule or standard established by the commissioner of health or any
25.5licensing rule or standard established by the commissioner of human services.

25.7An individual who is issued a municipal or city business license to practice massage
25.8is prohibited from advertising as a licensed massage therapist unless the individual has
25.9received a professional credential from another state; is current in licensure; and remains
25.10in good standing under the credentialing state's requirements."
25.11Delete the title and insert:
25.12"A bill for an act
25.13relating to health occupations; providing registration for massage therapists;
25.14amending Minnesota Statutes 2008, section 116J.70, subdivision 2a; proposing
25.15coding for new law in Minnesota Statutes, chapters 148; 325F."