1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to health occupations; establishing licensure for massage therapy and |
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3 | 3 | | 1.3 Asian bodywork therapy; establishing fees; providing criminal penalties; |
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4 | 4 | | 1.4 appropriating money; amending Minnesota Statutes 2024, sections 146A.01, |
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5 | 5 | | 1.5 subdivision 4; 146A.06, subdivision 3; 146A.09, by adding a subdivision; proposing |
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6 | 6 | | 1.6 coding for new law in Minnesota Statutes, chapter 148. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 ARTICLE 1 |
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9 | 9 | | 1.9 MASSAGE THERAPY AND ASIAN BODYWORK THERAPY |
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10 | 10 | | 1.10 Section 1. [148.636] CITATION. |
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11 | 11 | | 1.11 Sections 148.636 to 148.6373 may be cited as the "Minnesota Massage Therapy and |
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12 | 12 | | 1.12Asian Bodywork Therapy Act." |
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13 | 13 | | 1.13 Sec. 2. [148.6361] DEFINITIONS. |
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14 | 14 | | 1.14 Subdivision 1.Applicability.For purposes of sections 148.636 to 148.6373, the terms |
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15 | 15 | | 1.15defined in this section have the meanings given. |
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16 | 16 | | 1.16 Subd. 2.Advisory council."Advisory council" means the Massage Therapy Advisory |
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17 | 17 | | 1.17Council established under section 148.6372. |
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18 | 18 | | 1.18 Subd. 3.Applicant."Applicant" means an individual who has submitted an application |
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19 | 19 | | 1.19to the commissioner according to sections 148.636 to 148.6373. |
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20 | 20 | | 1.20 Subd. 4.Asian bodywork therapy.(a) "Asian bodywork therapy" means therapy based |
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21 | 21 | | 1.21upon Chinese medical principles with the intent of promoting, maintaining, and restoring |
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22 | 22 | | 1.22health and well-being by affecting the body and emotions. |
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23 | 23 | | 1Article 1 Sec. 2. |
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24 | 24 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 1131NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: HOFFMAN, Housley, Gustafson, Koran and Lang) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading02/10/2025 |
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31 | 31 | | Referred to Health and Human Services 2.1 (b) Asian bodywork therapy may use any of the following techniques: |
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32 | 32 | | 2.2 (1) pressing; |
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33 | 33 | | 2.3 (2) soothing; |
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34 | 34 | | 2.4 (3) kneading; |
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35 | 35 | | 2.5 (4) vibration; |
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36 | 36 | | 2.6 (5) friction; |
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37 | 37 | | 2.7 (6) passive stretching within the client's physiological range of motion; |
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38 | 38 | | 2.8 (7) active assistive and resistive movement; |
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39 | 39 | | 2.9 (8) stretching; and |
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40 | 40 | | 2.10 (9) tapping, movement, exercising, or manipulation of the soft tissues. |
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41 | 41 | | 2.11 (c) Methods of assessment and evaluation for Asian bodywork therapy may include a |
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42 | 42 | | 2.12health history and intake interview; observation; listening; questioning; palpation; and with |
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43 | 43 | | 2.13the client's permission or if the client is a minor, the permission of the client's legal guardian |
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44 | 44 | | 2.14or parent, consultation with the client's other health care providers. |
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45 | 45 | | 2.15 Subd. 5.Client."Client" means a recipient of massage therapy services or Asian |
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46 | 46 | | 2.16bodywork therapy services. |
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47 | 47 | | 2.17 Subd. 6.Commissioner."Commissioner" means the commissioner of health or a |
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48 | 48 | | 2.18designee. |
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49 | 49 | | 2.19 Subd. 7.Contact hours."Contact hours" means the number of hours during which a |
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50 | 50 | | 2.20student is engaged in learning activities provided by a board-approved training program. |
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51 | 51 | | 2.21Contact hours include synchronous or asynchronous distance learning and in-person learning. |
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52 | 52 | | 2.22 Subd. 8.Credentialing examination."Credentialing examination" means an examination |
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53 | 53 | | 2.23approved by the commissioner that meets recognized psychometric principles and standards |
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54 | 54 | | 2.24and is administered by a national testing organization. |
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55 | 55 | | 2.25 Subd. 9.Licensed Asian bodywork therapist."Licensed Asian bodywork therapist" |
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56 | 56 | | 2.26or "Asian bodywork therapist" means an individual who meets the qualifications in sections |
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57 | 57 | | 2.27148.636 to 148.6373 for the practice of Asian bodywork therapy and is licensed by the |
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58 | 58 | | 2.28commissioner. |
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59 | 59 | | 2.29 Subd. 10.Licensed massage therapist."Licensed massage therapist" or "massage |
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60 | 60 | | 2.30therapist" means an individual who meets the qualifications in sections 148.636 to 148.6373 |
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61 | 61 | | 2.31for the practice of massage therapy and is licensed by the commissioner. |
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62 | 62 | | 2Article 1 Sec. 2. |
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63 | 63 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 3.1 Subd. 11.Massage therapy.(a) "Massage therapy" means the manual manipulation of |
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64 | 64 | | 3.2the soft tissues of the body to promote, maintain, and restore health and well-being. |
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65 | 65 | | 3.3 (b) Massage therapy may use any of the following techniques: |
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66 | 66 | | 3.4 (1) stroking; |
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67 | 67 | | 3.5 (2) gliding; |
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68 | 68 | | 3.6 (3) lifting; |
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69 | 69 | | 3.7 (4) kneading; |
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70 | 70 | | 3.8 (5) jostling; |
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71 | 71 | | 3.9 (6) vibration; |
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72 | 72 | | 3.10 (7) percussion; |
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73 | 73 | | 3.11 (8) compression; |
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74 | 74 | | 3.12 (9) friction; |
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75 | 75 | | 3.13 (10) holding; |
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76 | 76 | | 3.14 (11) passive stretching within the client's physiological range of motion; |
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77 | 77 | | 3.15 (12) movement or manipulation of the soft tissues; |
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78 | 78 | | 3.16 (13) active assistive and resistive movement; and |
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79 | 79 | | 3.17 (14) stretching. |
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80 | 80 | | 3.18 (c) Methods of assessment for massage therapy may include a health history and intake |
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81 | 81 | | 3.19interview; observation of posture and movement; palpation; range of motion assessment; |
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82 | 82 | | 3.20and with the client's permission or if the client is a minor, the permission of the client's legal |
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83 | 83 | | 3.21guardian or parent, consultation with the client's other health care providers. |
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84 | 84 | | 3.22 Subd. 12.Municipality."Municipality" means a county, town, or home rule charter or |
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85 | 85 | | 3.23statutory city. |
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86 | 86 | | 3.24 Sec. 3. [148.6362] DUTIES OF THE COMMISSIONER. |
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87 | 87 | | 3.25 The commissioner, in consultation with the advisory council, shall: |
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88 | 88 | | 3.26 (1) issue licenses to qualified applicants according to sections 148.636 to 148.6373; |
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89 | 89 | | 3.27 (2) adopt rules, including standards of practice and a professional code of ethics, necessary |
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90 | 90 | | 3.28to implement the provisions of sections 148.636 to 148.6373; |
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91 | 91 | | 3Article 1 Sec. 3. |
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92 | 92 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 4.1 (3) assign duties to the advisory council that are necessary to implement the provisions |
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93 | 93 | | 4.2of sections 148.636 to 148.6373; |
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94 | 94 | | 4.3 (4) approve a credentialing examination; |
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95 | 95 | | 4.4 (5) establish educational requirements, approve massage therapy and Asian bodywork |
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96 | 96 | | 4.5therapy schools or programs, and conduct or provide for surveys of schools, programs, and |
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97 | 97 | | 4.6courses; |
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98 | 98 | | 4.7 (6) enforce sections 148.636 to 148.6373 and investigate violations of section 148.6370 |
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99 | 99 | | 4.8by a licensee or applicant; |
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100 | 100 | | 4.9 (7) impose discipline as described in section 148.6370; |
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101 | 101 | | 4.10 (8) maintain a record of names and addresses of licensees; and |
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102 | 102 | | 4.11 (9) distribute information regarding massage therapy and Asian bodywork therapy |
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103 | 103 | | 4.12standards, including applications and forms necessary to carry out the provisions of sections |
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104 | 104 | | 4.13148.636 to 148.6373. |
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105 | 105 | | 4.14 Sec. 4. [148.6363] LIMITATIONS ON PRACTICE; DATA PRACTICES. |
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106 | 106 | | 4.15 Subdivision 1.Limitations.The practice of massage therapy and Asian bodywork |
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107 | 107 | | 4.16therapy does not include: |
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108 | 108 | | 4.17 (1) performing examinations for the purpose of diagnosis; |
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109 | 109 | | 4.18 (2) providing treatments that are outside the scope of massage therapy or Asian bodywork |
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110 | 110 | | 4.19therapy practice; |
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111 | 111 | | 4.20 (3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by |
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112 | 112 | | 4.21the use of high-velocity, low-amplitude thrusting force; |
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113 | 113 | | 4.22 (4) attempts to stimulate various points of the body by needle insertion or interruption |
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114 | 114 | | 4.23of the cutaneous integrity by needle insertion to secure therapeutic relief of symptoms; |
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115 | 115 | | 4.24 (5) prescriptive exercise; |
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116 | 116 | | 4.25 (6) manual or mechanical traction when applied to the spine or extremities for the |
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117 | 117 | | 4.26purposes of joint mobilization or manipulation; |
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118 | 118 | | 4.27 (7) injection therapy; |
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119 | 119 | | 4.28 (8) laser therapy; |
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120 | 120 | | 4.29 (9) microwave diathermy; |
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121 | 121 | | 4.30 (10) electrical stimulation; |
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122 | 122 | | 4Article 1 Sec. 4. |
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123 | 123 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 5.1 (11) ultrasound; |
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124 | 124 | | 5.2 (12) iontophoresis; or |
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125 | 125 | | 5.3 (13) phonophoresis. |
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126 | 126 | | 5.4 Subd. 2.Referrals to other health care providers.If a reasonably prudent licensed |
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127 | 127 | | 5.5massage therapist or Asian bodywork therapist finds a client's medical condition is beyond |
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128 | 128 | | 5.6the scope of practice established by sections 148.636 to 148.6373 for a licensed massage |
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129 | 129 | | 5.7therapist or Asian bodywork therapist, the therapist must refer the client to a licensed health |
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130 | 130 | | 5.8care provider. Nothing in this subdivision prohibits the massage therapist or Asian bodywork |
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131 | 131 | | 5.9therapist from continuing to comanage a client's care. |
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132 | 132 | | 5.10 Sec. 5. [148.6364] UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES |
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133 | 133 | | 5.11AND RESTRICTIONS ON USE. |
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134 | 134 | | 5.12 Effective January 1, 2027, no person shall practice or attempt to practice massage therapy |
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135 | 135 | | 5.13or Asian bodywork therapy or use any of the terms or titles "licensed massage therapist," |
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136 | 136 | | 5.14"LMT," "licensed Asian bodywork therapist," "LABT," or any other term or title that may |
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137 | 137 | | 5.15lead the public to believe that the person is engaged in the practice of massage therapy or |
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138 | 138 | | 5.16Asian bodywork therapy unless the person is licensed under sections 148.636 to 148.6373 |
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139 | 139 | | 5.17as a licensed massage therapist or licensed Asian bodywork therapist. |
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140 | 140 | | 5.18 Sec. 6. [148.6365] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS. |
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141 | 141 | | 5.19 Subdivision 1.Other professions.Nothing in sections 148.636 to 148.6373 shall be |
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142 | 142 | | 5.20construed to prohibit, restrict, or regulate the practice of any profession or occupation |
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143 | 143 | | 5.21licensed or registered in the state by an individual licensed or registered to practice the |
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144 | 144 | | 5.22profession or occupation or to perform any act that falls within the scope of practice of the |
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145 | 145 | | 5.23profession or occupation. |
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146 | 146 | | 5.24 Subd. 2.Complementary and alternative health care practitioner.(a) Nothing in |
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147 | 147 | | 5.25sections 148.636 to 148.6373 shall be construed to prohibit, restrict, or regulate the practice |
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148 | 148 | | 5.26of any individual who is engaged in providing complementary and alternative health care |
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149 | 149 | | 5.27practices as defined in section 146A.01, subdivision 4, provided that the practitioner does |
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150 | 150 | | 5.28not advertise or imply that the practitioner is licensed according to sections 148.636 to |
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151 | 151 | | 5.29148.6373 and the practices are not designated or implied to be massage therapy or Asian |
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152 | 152 | | 5.30bodywork therapy. |
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153 | 153 | | 5.31 (b) This subdivision includes any complementary and alternative health care practitioner |
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154 | 154 | | 5.32who is recognized by or meets the established standards of either a professional organization |
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155 | 155 | | 5Article 1 Sec. 6. |
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156 | 156 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 6.1or credentialing body that represents or certifies the respective practice based on a minimum |
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157 | 157 | | 6.2level of training, demonstration of competency, and adherence to ethical standards, and: |
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158 | 158 | | 6.3 (1) uses touch, words, and directed movement to deepen awareness of existing patterns |
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159 | 159 | | 6.4of movement as well as to suggest new possibilities of movement; |
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160 | 160 | | 6.5 (2) uses energy or superficial touch to affect the energy systems of the human body; |
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161 | 161 | | 6.6 (3) uses touch to effect change in the structure of the body while engaged in the practice |
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162 | 162 | | 6.7of structural integration; or |
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163 | 163 | | 6.8 (4) practices reflexology. |
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164 | 164 | | 6.9 Subd. 3.Other exemptions.Nothing in sections 148.636 to 148.6373 shall be construed |
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165 | 165 | | 6.10to prohibit, restrict, or regulate individuals providing: |
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166 | 166 | | 6.11 (1) massage emergency response team services working in conjunction with disaster |
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167 | 167 | | 6.12relief officials; |
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168 | 168 | | 6.13 (2) massage therapy services or Asian bodywork therapy services provided by out-of-state |
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169 | 169 | | 6.14massage therapists or Asian bodywork therapists that are incidental to a specific event, such |
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170 | 170 | | 6.15as an amateur sports competition, dance performance or event, or other similar athletic |
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171 | 171 | | 6.16events; |
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172 | 172 | | 6.17 (3) instruction of education courses in massage therapy or Asian bodywork therapy if |
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173 | 173 | | 6.18the instruction does not involve the direct delivery of massage therapy services or Asian |
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174 | 174 | | 6.19bodywork therapy services; |
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175 | 175 | | 6.20 (4) massage therapy services or Asian bodywork therapy services provided as an |
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176 | 176 | | 6.21employee of the United States government or any federal government entity while acting |
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177 | 177 | | 6.22in the course and scope of such employment; |
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178 | 178 | | 6.23 (5) massage therapy services or Asian bodywork therapy services provided by massage |
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179 | 179 | | 6.24therapy students or Asian bodywork therapy students practicing under supervision as part |
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180 | 180 | | 6.25of a school-sanctioned activity; or |
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181 | 181 | | 6.26 (6) massage therapy services or Asian bodywork therapy services provided without |
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182 | 182 | | 6.27remuneration to family members. |
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183 | 183 | | 6.28 Sec. 7. [148.6366] REQUIREMENTS FOR LICENSURE. |
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184 | 184 | | 6.29 Subdivision 1.General licensure requirements.(a) To be eligible for licensure as a |
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185 | 185 | | 6.30massage therapist or Asian bodywork therapist according to sections 148.636 to 148.6373, |
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186 | 186 | | 6.31an applicant must submit to the commissioner: |
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187 | 187 | | 6Article 1 Sec. 7. |
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188 | 188 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 7.1 (1) a completed application on a form provided by the commissioner that includes: |
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189 | 189 | | 7.2 (i) the applicant's name, Social Security number, home address and telephone number, |
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190 | 190 | | 7.3and business address and telephone number; |
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191 | 191 | | 7.4 (ii) a list of credentials held by the applicant in this state or in any other jurisdiction; |
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192 | 192 | | 7.5 (iii) a description of any jurisdiction's refusal to license or credential the applicant; |
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193 | 193 | | 7.6 (iv) a description of all professional disciplinary actions initiated against the applicant |
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194 | 194 | | 7.7in this state or any other jurisdiction; |
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195 | 195 | | 7.8 (v) any history of drug or alcohol abuse; |
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196 | 196 | | 7.9 (vi) any misdemeanor, gross misdemeanor, or felony convictions; and |
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197 | 197 | | 7.10 (vii) any other additional information requested by the commissioner; |
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198 | 198 | | 7.11 (2) proof, as required by the commissioner, that the applicant has satisfactorily completed |
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199 | 199 | | 7.12a postsecondary massage therapy program or Asian bodywork therapy program through a |
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200 | 200 | | 7.13school or program that: |
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201 | 201 | | 7.14 (i) is licensed by or registered with the Minnesota Office of Higher Education or has |
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202 | 202 | | 7.15conditional approval for a registered school and provisional license from the Minnesota |
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203 | 203 | | 7.16Office of Higher Education; and |
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204 | 204 | | 7.17 (ii) meets the education and training requirements described under subdivision 2 or 3; |
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205 | 205 | | 7.18 (3) proof of successful passage of a credentialing examination approved by the |
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206 | 206 | | 7.19commissioner; |
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207 | 207 | | 7.20 (4) proof, as required by the commissioner, of current professional liability insurance |
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208 | 208 | | 7.21coverage or school liability insurance coverage as applicable with at least $2,000,000 of |
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209 | 209 | | 7.22coverage per occurrence and $6,000,000 annual aggregate; and |
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210 | 210 | | 7.23 (5) any applicable fees as specified in section 148.6373. |
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211 | 211 | | 7.24 (b) The applicant must submit to a criminal background check conducted in accordance |
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212 | 212 | | 7.25with section 214.075 and pay any fees associated with conducting the criminal background |
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213 | 213 | | 7.26check. |
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214 | 214 | | 7.27 (c) The applicant must sign the application certifying that the information in the |
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215 | 215 | | 7.28application is true and correct to the best of the applicant's knowledge and authorizing the |
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216 | 216 | | 7.29commissioner to obtain access to the applicant's records in this state or any other jurisdiction |
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217 | 217 | | 7.30in which the applicant has engaged in the practice of massage therapy or Asian bodywork |
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218 | 218 | | 7.31therapy. |
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219 | 219 | | 7Article 1 Sec. 7. |
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220 | 220 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 8.1 Subd. 2.Education and training requirements for massage therapy licensure.(a) |
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221 | 221 | | 8.2An applicant for licensure as a massage therapist under subdivision 1 whose application is |
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222 | 222 | | 8.3received by the commissioner before July 1, 2030, must submit to the commissioner proof |
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223 | 223 | | 8.4of satisfactorily completing a postsecondary program that meets the requirements in |
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224 | 224 | | 8.5subdivision 1, paragraph (a), clause (2), item (i), and includes education and training in: |
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225 | 225 | | 8.6 (1) anatomy; |
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226 | 226 | | 8.7 (2) physiology; |
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227 | 227 | | 8.8 (3) pathology; |
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228 | 228 | | 8.9 (4) massage therapy; |
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229 | 229 | | 8.10 (5) massage therapy history, theory, and research; |
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230 | 230 | | 8.11 (6) professional ethics; |
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231 | 231 | | 8.12 (7) therapeutic interpersonal communications and standards of practice; |
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232 | 232 | | 8.13 (8) business and legal practices related to massage therapy; and |
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233 | 233 | | 8.14 (9) supervised practice demonstrating safe use of equipment and supplies. |
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234 | 234 | | 8.15 (b) An applicant for licensure as a massage therapist under subdivision 1 whose |
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235 | 235 | | 8.16application is received by the commissioner on or after July 1, 2030, must submit to the |
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236 | 236 | | 8.17commissioner proof of satisfactorily completing a postsecondary massage therapy program |
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237 | 237 | | 8.18that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either: |
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238 | 238 | | 8.19 (1) has programmatic accreditation for massage therapy training programs from an |
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239 | 239 | | 8.20agency recognized by the United States Department of Education; or |
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240 | 240 | | 8.21 (2) includes at least 625 contact hours of education and training composed of 500 contact |
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241 | 241 | | 8.22hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student |
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242 | 242 | | 8.23clinical practice. |
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243 | 243 | | 8.24 (c) A program may require more than 625 total contact hours of education and training, |
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244 | 244 | | 8.25and may require more than 125 hours of supervised clinical practice, if at least 500 contact |
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245 | 245 | | 8.26hours are devoted to instruction in the subjects listed in paragraph (a). |
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246 | 246 | | 8.27 (d) A student shall not begin a supervised clinical practice of massage therapy without |
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247 | 247 | | 8.28student or professional liability insurance coverage of up to $2,000,000 per occurrence and |
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248 | 248 | | 8.29$6,000,000 annual aggregate. The school or program may offer the student or professional |
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249 | 249 | | 8.30liability insurance coverage required under this paragraph to the student. |
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250 | 250 | | 8Article 1 Sec. 7. |
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251 | 251 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 9.1 Subd. 3.Education and training requirements for Asian bodywork therapy |
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252 | 252 | | 9.2licensure.(a) An applicant for licensure as an Asian bodywork therapist under subdivision |
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253 | 253 | | 9.31 whose application is received by the commissioner before July 1, 2030, must submit to |
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254 | 254 | | 9.4the commissioner proof of satisfactorily completing a postsecondary program that meets |
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255 | 255 | | 9.5the requirements in subdivision 1, paragraph (a), clause (2), item (i), and includes education |
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256 | 256 | | 9.6and training in: |
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257 | 257 | | 9.7 (1) anatomy; |
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258 | 258 | | 9.8 (2) physiology; |
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259 | 259 | | 9.9 (3) pathology; |
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260 | 260 | | 9.10 (4) Asian bodywork therapy; |
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261 | 261 | | 9.11 (5) traditional Chinese medicine theory; |
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262 | 262 | | 9.12 (6) Asian bodywork history, theory, and research; |
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263 | 263 | | 9.13 (7) professional ethics; |
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264 | 264 | | 9.14 (8) therapeutic interpersonal communications and standards of practice; |
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265 | 265 | | 9.15 (9) business and legal practices related to Asian bodywork therapy; and |
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266 | 266 | | 9.16 (10) supervised practice demonstrating safe use of equipment and supplies. |
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267 | 267 | | 9.17 (b) An applicant for licensure as an Asian bodywork therapist under subdivision 1 whose |
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268 | 268 | | 9.18application is received by the commissioner on or after July 1, 2030, must submit to the |
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269 | 269 | | 9.19commissioner proof of satisfactorily completing a postsecondary program that meets the |
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270 | 270 | | 9.20requirements in subdivision 1, paragraph (a), clause (2), item (i), and either: |
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271 | 271 | | 9.21 (1) has programmatic accreditation for Asian bodywork therapy training programs from |
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272 | 272 | | 9.22an agency recognized by the United States Department of Education; or |
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273 | 273 | | 9.23 (2) includes at least 625 contact hours of education and training composed of 500 contact |
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274 | 274 | | 9.24hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student |
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275 | 275 | | 9.25clinical practice. |
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276 | 276 | | 9.26 (c) An Asian bodywork therapy school or program may require more than 625 total |
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277 | 277 | | 9.27contact hours of education and training, and may require more than 125 hours of supervised |
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278 | 278 | | 9.28clinical practice, if at least 500 contact hours are devoted to instruction in the subjects listed |
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279 | 279 | | 9.29in paragraph (a). |
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280 | 280 | | 9.30 (d) A student shall not begin a supervised clinical practice of Asian bodywork therapy |
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281 | 281 | | 9.31without providing proof to the Asian bodywork therapy school or program of professional |
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282 | 282 | | 9Article 1 Sec. 7. |
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283 | 283 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 10.1liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual |
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284 | 284 | | 10.2aggregate. The school or program may offer the professional liability insurance coverage |
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285 | 285 | | 10.3required under this paragraph to the student. |
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286 | 286 | | 10.4 Subd. 4.Licensure by endorsement.(a) To be eligible for licensure by endorsement, |
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287 | 287 | | 10.5an applicant must: |
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288 | 288 | | 10.6 (1) meet the requirements for licensure in subdivision 1 with the exception of subdivision |
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289 | 289 | | 10.71, paragraph (a), clauses (2) and (3); |
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290 | 290 | | 10.8 (2) provide proof as required by the commissioner that the massage therapy training |
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291 | 291 | | 10.9program or Asian bodywork therapy training program at the time of the applicant's enrollment |
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292 | 292 | | 10.10met the postsecondary education requirements in the jurisdiction in which the program was |
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293 | 293 | | 10.11provided; and |
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294 | 294 | | 10.12 (3) provide proof as required by the commissioner of a current and unrestricted equivalent |
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295 | 295 | | 10.13credential in another jurisdiction that has qualifications at least equivalent to the requirements |
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296 | 296 | | 10.14of sections 148.636 to 148.6373. |
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297 | 297 | | 10.15 (b) Licenses issued by endorsement expire on the same schedule and must be renewed |
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298 | 298 | | 10.16by the procedures described under section 148.6367, subdivision 2. |
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299 | 299 | | 10.17 Subd. 5.Licensure by prior experience.(a) To be eligible for licensure by prior |
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300 | 300 | | 10.18experience, an applicant must submit to the commissioner: |
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301 | 301 | | 10.19 (1) the requirements for licensure in subdivision 1, with the exception of subdivision 1, |
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302 | 302 | | 10.20paragraph (a), clauses (2) and (3); and |
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303 | 303 | | 10.21 (2) proof of experience, as required by the commissioner, in the practice of massage |
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304 | 304 | | 10.22therapy or Asian bodywork therapy for at least two of the previous five years immediately |
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305 | 305 | | 10.23preceding the licensure application date. |
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306 | 306 | | 10.24 (b) Licenses issued under this subdivision expire on the same schedule and must be |
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307 | 307 | | 10.25renewed by the procedures described under section 148.6367, subdivision 2, unless the |
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308 | 308 | | 10.26license is canceled due to nonrenewal under section 148.6367, subdivision 8, in which case |
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309 | 309 | | 10.27the individual must apply for a new license under the initial licensure requirements in |
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310 | 310 | | 10.28subdivision 1. |
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311 | 311 | | 10.29 (c) The application for licensure by prior experience under this subdivision must be |
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312 | 312 | | 10.30received by the commissioner before July 1, 2030. |
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313 | 313 | | 10.31 Subd. 6.Temporary permit.(a) The commissioner may issue a temporary permit to |
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314 | 314 | | 10.32practice massage therapy or Asian bodywork therapy to an applicant eligible for licensure |
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315 | 315 | | 10Article 1 Sec. 7. |
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316 | 316 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 11.1under this section if the application for licensure is complete, all applicable requirements |
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317 | 317 | | 11.2have been met, and applicable fees have been paid. The temporary permit remains valid |
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318 | 318 | | 11.3until the commissioner takes action on the applicant's application, or 90 days from the |
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319 | 319 | | 11.4temporary permit's issuance, whichever is sooner. |
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320 | 320 | | 11.5 (b) A temporary permit holder is considered a licensee for purposes of sections 148.6369 |
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321 | 321 | | 11.6and 148.6370. |
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322 | 322 | | 11.7 (c) Practicing without a temporary permit is a violation of section 148.6369. |
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323 | 323 | | 11.8 Sec. 8. [148.6367] LICENSE RENEWAL. |
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324 | 324 | | 11.9 Subdivision 1.Licensure expiration.Licenses issued according to sections 148.635 to |
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325 | 325 | | 11.10148.6363 expire biennially. |
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326 | 326 | | 11.11 Subd. 2.Renewal.To be eligible for licensure renewal, an applicant must biennially, |
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327 | 327 | | 11.12or as determined by the commissioner, submit to the commissioner: |
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328 | 328 | | 11.13 (1) a completed renewal application on a form provided by the commissioner; |
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329 | 329 | | 11.14 (2) any applicable fees as specified in section 148.6373; |
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330 | 330 | | 11.15 (3) proof of current professional liability coverage with at least $2,000,000 of coverage |
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331 | 331 | | 11.16per occurrence and $6,000,000 annual aggregate; and |
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332 | 332 | | 11.17 (4) any additional information requested by the commissioner to clarify information |
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333 | 333 | | 11.18presented in the renewal application. The applicant must submit the information within 30 |
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334 | 334 | | 11.19days after the commissioner's request, or the renewal request is canceled. |
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335 | 335 | | 11.20 Subd. 3.Continuing education.(a) A licensed massage or Asian bodywork therapist |
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336 | 336 | | 11.21must obtain continuing education in the two-year licensing period. |
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337 | 337 | | 11.22 (b) Continuing education hours will be determined by the board. |
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338 | 338 | | 11.23 (c) Activities qualifying as continuing education will be determined by the board and |
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339 | 339 | | 11.24may be completed in person or online. |
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340 | 340 | | 11.25 (d) All continuing education must be obtained between the effective and expiration dates |
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341 | 341 | | 11.26of the license. |
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342 | 342 | | 11.27 Subd. 4.Change of address.A licensee or applicant who changes addresses must inform |
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343 | 343 | | 11.28the commissioner in writing within 30 days of the change of address. Notices or other |
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344 | 344 | | 11.29correspondence mailed to or served on a licensee or applicant at the licensee or applicant's |
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345 | 345 | | 11.30current address on file are considered received by the licensee or applicant. |
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346 | 346 | | 11Article 1 Sec. 8. |
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347 | 347 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 12.1 Subd. 5.Licensure renewal notice.(a) At least 60 days before the licensure expiration |
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348 | 348 | | 12.2date, the commissioner shall send out a renewal notice to the last known address of the |
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349 | 349 | | 12.3licensee. The notice must include: |
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350 | 350 | | 12.4 (1) a renewal application; |
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351 | 351 | | 12.5 (2) a notice of fees required for renewal; and |
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352 | 352 | | 12.6 (3) information stating that licensure will expire without further action by the |
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353 | 353 | | 12.7commissioner if an application for licensure renewal is not received before the deadline for |
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354 | 354 | | 12.8renewal. |
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355 | 355 | | 12.9 (b) The licensee's failure to receive the renewal notice does not relieve the licensee of |
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356 | 356 | | 12.10the obligation to meet the deadline and other requirements for licensure renewal. Failure to |
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357 | 357 | | 12.11receive the notice is not grounds for challenging expiration of licensed status. |
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358 | 358 | | 12.12 Subd. 6.Renewal deadline.The renewal application and fee must be received by the |
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359 | 359 | | 12.13commissioner or must be postmarked before the license's expiration date. If the postmark |
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360 | 360 | | 12.14is illegible, the application is timely if received by the third working day after the deadline. |
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361 | 361 | | 12.15 Subd. 7.Inactive status and return to active status.(a) A license may be placed in |
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362 | 362 | | 12.16inactive status upon application to the commissioner by the licensee and upon payment of |
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363 | 363 | | 12.17an inactive status fee as specified in section 148.6373. Failure to pay the annual inactive |
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364 | 364 | | 12.18status fee shall result in a lapse of licensure. |
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365 | 365 | | 12.19 (b) A licensee seeking licensure restoration to active status from inactive status must: |
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366 | 366 | | 12.20 (1) apply to the commissioner for licensure renewal according to subdivision 2; and |
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367 | 367 | | 12.21 (2) submit the applicable reactivation fee as specified in section 148.6373. |
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368 | 368 | | 12.22 (c) If the license has been in inactive status for more than five years, the applicant must |
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369 | 369 | | 12.23also receive a passing score on a credentialing examination before the restoration of the |
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370 | 370 | | 12.24license to active status. |
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371 | 371 | | 12.25 Subd. 8.Licensure following lapse for two years or less.To regain active licensure |
---|
372 | 372 | | 12.26status for a license that has lapsed for two years or less, the applicant must: |
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373 | 373 | | 12.27 (1) apply to the commissioner for licensure renewal according to subdivision 2; and |
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374 | 374 | | 12.28 (2) submit all applicable renewal fees for the period not licensed, including the fee for |
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375 | 375 | | 12.29late renewal. |
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376 | 376 | | 12.30 Subd. 9.Cancellation due to nonrenewal.The commissioner shall not renew, reissue, |
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377 | 377 | | 12.31reinstate, or restore a license that has lapsed and has not been renewed within two years. |
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378 | 378 | | 12Article 1 Sec. 8. |
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379 | 379 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 13.1An individual whose license is canceled for nonrenewal must obtain a new license by |
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380 | 380 | | 13.2applying for licensure and fulfilling all requirements under section 148.6366, subdivision |
---|
381 | 381 | | 13.31, for initial licensure as a massage therapist or Asian bodywork therapist. |
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382 | 382 | | 13.4 Sec. 9. [148.6368] COMMISSIONER ACTION ON APPLICATIONS. |
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383 | 383 | | 13.5 Subdivision 1.General.(a) The commissioner must act on each application for licensure |
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384 | 384 | | 13.6or renewal according to this section. |
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385 | 385 | | 13.7 (b) The commissioner shall determine if the applicant meets the requirements for licensure |
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386 | 386 | | 13.8or renewal under section 148.6366 or 148.6367. The commissioner may investigate |
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387 | 387 | | 13.9information provided by an applicant to determine whether the information is accurate and |
---|
388 | 388 | | 13.10complete and may request additional information or documentation. |
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389 | 389 | | 13.11 (c) The commissioner shall notify each applicant in writing of action taken on the |
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390 | 390 | | 13.12application, the grounds for denying licensure if licensure is denied, and the applicant's right |
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391 | 391 | | 13.13to review under paragraph (d). |
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392 | 392 | | 13.14 (d) An applicant denied licensure may make a written request to the commissioner within |
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393 | 393 | | 13.1530 days of the commissioner's notice to appear before the advisory council and for the |
---|
394 | 394 | | 13.16advisory council to review the commissioner's decision to deny licensure. After reviewing |
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395 | 395 | | 13.17the denial, the advisory council shall make a recommendation to the commissioner as to |
---|
396 | 396 | | 13.18whether the denial must be affirmed. Each applicant is allowed only one request for review |
---|
397 | 397 | | 13.19per licensure period. |
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398 | 398 | | 13.20 Subd. 2.Licensure prohibited.(a) Except as provided in paragraph (b), the commissioner |
---|
399 | 399 | | 13.21shall deny an application for licensure if an applicant: |
---|
400 | 400 | | 13.22 (1) has been convicted in this state of any of the following crimes or of equivalent crimes |
---|
401 | 401 | | 13.23in another state: |
---|
402 | 402 | | 13.24 (i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322; |
---|
403 | 403 | | 13.25 (ii) criminal sexual conduct under sections 609.342 to 609.3451 or 609.3453; or |
---|
404 | 404 | | 13.26 (iii) a violent crime as defined under section 611A.08, subdivision 6; |
---|
405 | 405 | | 13.27 (2) is a registered sex offender under section 243.166; |
---|
406 | 406 | | 13.28 (3) has been subject to disciplinary action under section 146A.09, if the commissioner |
---|
407 | 407 | | 13.29determines that such denial is necessary to protect the public; or |
---|
408 | 408 | | 13.30 (4) is charged with or under investigation for a complaint in this state or any other |
---|
409 | 409 | | 13.31jurisdiction that would constitute a violation of statutes or rules established for the practice |
---|
410 | 410 | | 13Article 1 Sec. 9. |
---|
411 | 411 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 14.1of massage therapy or Asian bodywork therapy in this state and the charge or complaint |
---|
412 | 412 | | 14.2has not been resolved in favor of the applicant. |
---|
413 | 413 | | 14.3 (b) The commissioner may establish criteria whereby an individual convicted of an |
---|
414 | 414 | | 14.4offense listed in paragraph (a) may become licensed if the criteria: |
---|
415 | 415 | | 14.5 (1) utilize a rebuttable presumption that the applicant is not suitable for licensing or |
---|
416 | 416 | | 14.6credentialing; |
---|
417 | 417 | | 14.7 (2) provide a standard for overcoming the presumption; and |
---|
418 | 418 | | 14.8 (3) require that a minimum of ten years has elapsed since the applicant was released |
---|
419 | 419 | | 14.9from incarceration or supervisory jurisdiction related to the offense. |
---|
420 | 420 | | 14.10 (c) The commissioner shall not consider an application under paragraph (b) if the |
---|
421 | 421 | | 14.11commissioner determines that the victim involved in the offense was a client of the applicant |
---|
422 | 422 | | 14.12at the time of the offense. |
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423 | 423 | | 14.13Sec. 10. [148.6369] GROUNDS FOR DISCIPLINARY ACTION. |
---|
424 | 424 | | 14.14 Subdivision 1.Grounds listed.(a) The commissioner may deny, revoke, suspend, limit, |
---|
425 | 425 | | 14.15or condition the licensure of a licensed massage therapist or licensed Asian bodywork |
---|
426 | 426 | | 14.16therapist or may otherwise discipline a licensee. The fact that massage therapy or Asian |
---|
427 | 427 | | 14.17bodywork therapy may be considered a less customary approach to health care must not by |
---|
428 | 428 | | 14.18itself constitute the basis for disciplinary action. |
---|
429 | 429 | | 14.19 (b) The following are grounds for disciplinary action regardless of whether injury to a |
---|
430 | 430 | | 14.20client is established: |
---|
431 | 431 | | 14.21 (1) failing to demonstrate the qualifications or to satisfy the requirements for licensure |
---|
432 | 432 | | 14.22under sections 148.636 to 148.6373 or rules of the commissioner. In the case of an applicant, |
---|
433 | 433 | | 14.23the burden of proof is on the applicant to demonstrate the qualifications or satisfy the |
---|
434 | 434 | | 14.24requirements; |
---|
435 | 435 | | 14.25 (2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not |
---|
436 | 436 | | 14.26limited to: |
---|
437 | 437 | | 14.27 (i) advertising or holding oneself out as a "licensed massage therapist," "LMT," "licensed |
---|
438 | 438 | | 14.28Asian bodywork therapist," "LABT," or any abbreviation or derivative thereof to indicate |
---|
439 | 439 | | 14.29such a title, when such licensure is not valid or current for any reason; |
---|
440 | 440 | | 14.30 (ii) advertising or holding oneself out as a "licensed massage therapist," "licensed Asian |
---|
441 | 441 | | 14.31bodywork therapist," or any abbreviation or derivative thereof to indicate such a title, except |
---|
442 | 442 | | 14Article 1 Sec. 10. |
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443 | 443 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 15.1if the individual holds a license in another state or jurisdiction and does not provide services |
---|
444 | 444 | | 15.2in Minnesota; |
---|
445 | 445 | | 15.3 (iii) advertising a service, the provision of which would constitute a violation of this |
---|
446 | 446 | | 15.4chapter or rules established by the commissioner; and |
---|
447 | 447 | | 15.5 (iv) using fraud, deceit, or misrepresentation when communicating with the general |
---|
448 | 448 | | 15.6public, health care providers, or other business professionals; |
---|
449 | 449 | | 15.7 (3) falsifying information in a massage therapy or Asian bodywork therapy licensure or |
---|
450 | 450 | | 15.8renewal application or attempting to obtain licensure, renewal, or reinstatement by fraud, |
---|
451 | 451 | | 15.9deception, or misrepresentation, or aiding and abetting any of these acts; |
---|
452 | 452 | | 15.10 (4) engaging in conduct with a client that is sexual or may reasonably be interpreted by |
---|
453 | 453 | | 15.11the client as sexual, or engaging in any verbal behavior that is seductive or sexually |
---|
454 | 454 | | 15.12demeaning to a client, or engaging in sexual exploitation of a client, without regard to who |
---|
455 | 455 | | 15.13initiates such behaviors; |
---|
456 | 456 | | 15.14 (5) committing an act of gross malpractice, negligence, or incompetency, or failing to |
---|
457 | 457 | | 15.15practice massage therapy or Asian bodywork therapy with the level of care, skill, and |
---|
458 | 458 | | 15.16treatment that is recognized by a reasonably prudent massage therapist or Asian bodywork |
---|
459 | 459 | | 15.17therapist as being acceptable under similar conditions and circumstances; |
---|
460 | 460 | | 15.18 (6) having an actual or potential inability to practice massage therapy or Asian bodywork |
---|
461 | 461 | | 15.19therapy with reasonable skill and safety to clients by reason of illness, as a result of any |
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462 | 462 | | 15.20mental or physical condition, or use of alcohol, drugs, chemicals, or any other material. |
---|
463 | 463 | | 15.21Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person, |
---|
464 | 464 | | 15.22or a person dangerous to the public by a court of competent jurisdiction, inside or outside |
---|
465 | 465 | | 15.23of this state, may be considered evidence of an inability to practice massage therapy or |
---|
466 | 466 | | 15.24Asian bodywork therapy; |
---|
467 | 467 | | 15.25 (7) being the subject of disciplinary action as a massage therapist or Asian bodywork |
---|
468 | 468 | | 15.26therapist in another state or jurisdiction if the commissioner or advisory council determines |
---|
469 | 469 | | 15.27that the cause of the disciplinary action would be a violation under this state's statutes or |
---|
470 | 470 | | 15.28rules of the commissioner had the violation occurred in this state; |
---|
471 | 471 | | 15.29 (8) failing to notify the commissioner of revocation or suspension of a credential, or any |
---|
472 | 472 | | 15.30other disciplinary action taken by this or any other state, territory, or country, including any |
---|
473 | 473 | | 15.31restrictions on the right to practice; or the surrender or voluntary termination of a credential |
---|
474 | 474 | | 15.32during a commissioner investigation of a complaint, as part of a disciplinary order, or while |
---|
475 | 475 | | 15.33under a disciplinary order; |
---|
476 | 476 | | 15Article 1 Sec. 10. |
---|
477 | 477 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 16.1 (9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, |
---|
478 | 478 | | 16.2or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States, |
---|
479 | 479 | | 16.3reasonably related to engaging in massage therapy practices or Asian bodywork therapy |
---|
480 | 480 | | 16.4practices. Conviction, as used in this clause, includes a conviction for an offense that, if |
---|
481 | 481 | | 16.5committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor |
---|
482 | 482 | | 16.6regardless of its designation elsewhere, or a criminal proceeding where a finding or verdict |
---|
483 | 483 | | 16.7of guilty is made or returned but the adjudication of guilt is either withheld or not entered; |
---|
484 | 484 | | 16.8 (10) if a licensee is on probation, failing to abide by terms of probation; |
---|
485 | 485 | | 16.9 (11) practicing or offering to practice beyond the scope of the practice of massage therapy |
---|
486 | 486 | | 16.10or Asian bodywork therapy; |
---|
487 | 487 | | 16.11 (12) managing client records and information improperly, including but not limited to |
---|
488 | 488 | | 16.12failing to maintain adequate client records, comply with a client's request made according |
---|
489 | 489 | | 16.13to sections 144.291 to 144.298, or furnish a client record or report required by law; |
---|
490 | 490 | | 16.14 (13) revealing a privileged communication from or relating to a client except when |
---|
491 | 491 | | 16.15otherwise required or permitted by law; |
---|
492 | 492 | | 16.16 (14) providing massage therapy services or Asian bodywork therapy services that are |
---|
493 | 493 | | 16.17linked to the financial gain of a referral source; |
---|
494 | 494 | | 16.18 (15) obtaining money, property, or services from a client, other than reasonable fees for |
---|
495 | 495 | | 16.19services provided to the client, through the use of undue influence, harassment, duress, |
---|
496 | 496 | | 16.20deception, or fraud; |
---|
497 | 497 | | 16.21 (16) engaging in abusive or fraudulent billing practices, including violations of federal |
---|
498 | 498 | | 16.22Medicare and Medicaid laws or state medical assistance laws; |
---|
499 | 499 | | 16.23 (17) failing to consult with a client's health care provider who prescribed a course of |
---|
500 | 500 | | 16.24massage therapy treatment or Asian bodywork therapy treatment if the treatment needs to |
---|
501 | 501 | | 16.25be altered from the original written order to conform with standards in the massage therapy |
---|
502 | 502 | | 16.26or Asian bodywork therapy field or the licensee's level of training or experience; |
---|
503 | 503 | | 16.27 (18) failing to cooperate with an investigation of the commissioner or the commissioner's |
---|
504 | 504 | | 16.28representatives, including failing to: respond fully and promptly to any question raised by |
---|
505 | 505 | | 16.29or on behalf of the commissioner relating to the subject of the investigation; execute all |
---|
506 | 506 | | 16.30releases requested by the commissioner; provide copies of client records as reasonably |
---|
507 | 507 | | 16.31requested by the commissioner to assist in the commissioner's investigation; and appear at |
---|
508 | 508 | | 16.32conferences or hearings scheduled by the commissioner or the commissioner's staff; |
---|
509 | 509 | | 16Article 1 Sec. 10. |
---|
510 | 510 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 17.1 (19) interfering with an investigation or disciplinary proceeding, including by willful |
---|
511 | 511 | | 17.2misrepresentation of facts or by the use of threats or harassment to prevent a person from |
---|
512 | 512 | | 17.3providing evidence in a disciplinary proceeding or any legal action; |
---|
513 | 513 | | 17.4 (20) violating a statute, rule, order, or agreement for corrective action that the |
---|
514 | 514 | | 17.5commissioner issued or is otherwise authorized or empowered to enforce; |
---|
515 | 515 | | 17.6 (21) aiding or abetting a person in violating sections 148.636 to 148.6373; |
---|
516 | 516 | | 17.7 (22) failing to report to the commissioner other massage therapists or Asian bodywork |
---|
517 | 517 | | 17.8therapists who commit violations of sections 148.636 to 148.6373; and |
---|
518 | 518 | | 17.9 (23) failing to notify the commissioner in writing of the entry of a final judgment by a |
---|
519 | 519 | | 17.10court of competent jurisdiction against the licensee for malpractice of massage therapy or |
---|
520 | 520 | | 17.11Asian bodywork therapy, or any settlement by the licensee in response to charges or |
---|
521 | 521 | | 17.12allegations of malpractice of massage therapy or Asian bodywork therapy. The notice must |
---|
522 | 522 | | 17.13be provided to the commissioner within 60 days after the entry of a judgment or date of |
---|
523 | 523 | | 17.14settlement, and must contain the name of the court, case number, and the names of all parties |
---|
524 | 524 | | 17.15to the action. |
---|
525 | 525 | | 17.16 Subd. 2.Evidence.In disciplinary actions alleging a violation of subdivision 1, a copy |
---|
526 | 526 | | 17.17of the judgment or proceeding under the seal of the court administrator or of the |
---|
527 | 527 | | 17.18administrative agency must be admissible into evidence without further authentication and |
---|
528 | 528 | | 17.19must constitute prima facie evidence of the violation. |
---|
529 | 529 | | 17.20 Subd. 3.Examination; access to medical data.The commissioner may take the actions |
---|
530 | 530 | | 17.21described in section 148.261, subdivision 5, if the commissioner has probable cause to |
---|
531 | 531 | | 17.22believe that grounds for disciplinary action exist under subdivision 1, paragraph (b), clause |
---|
532 | 532 | | 17.23(6). The requirements and limitations described in section 148.261, subdivision 5, must |
---|
533 | 533 | | 17.24apply. |
---|
534 | 534 | | 17.25Sec. 11. [148.6370] DISCIPLINE; REPORTING. |
---|
535 | 535 | | 17.26 For purposes of sections 148.636 to 148.6373, massage therapists or Asian bodywork |
---|
536 | 536 | | 17.27therapists and applicants for licensure are subject to sections 148.262 to 148.266. |
---|
537 | 537 | | 17.28Sec. 12. [148.6371] EFFECT ON MUNICIPAL ORDINANCES. |
---|
538 | 538 | | 17.29 Subdivision 1.License authority.Effective July 1, 2027, the provisions of sections |
---|
539 | 539 | | 17.30148.636 to 148.6373 preempt the licensure and regulation of massage therapists or Asian |
---|
540 | 540 | | 17.31bodywork therapists by a municipality, including, without limitation, conducting a criminal |
---|
541 | 541 | | 17.32background investigation and examination of a massage therapist or Asian bodywork |
---|
542 | 542 | | 17Article 1 Sec. 12. |
---|
543 | 543 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 18.1therapist, or applicant for a municipality's credential to practice massage therapy or Asian |
---|
544 | 544 | | 18.2bodywork therapy. |
---|
545 | 545 | | 18.3 Subd. 2.Municipal regulation.Sections 148.636 to 148.6373 do not limit a municipality |
---|
546 | 546 | | 18.4from: |
---|
547 | 547 | | 18.5 (1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a |
---|
548 | 548 | | 18.6business license or permit to conduct business in the municipality; or |
---|
549 | 549 | | 18.7 (2) regulating other professions or occupations. |
---|
550 | 550 | | 18.8 Sec. 13. [148.6372] MASSAGE THERAPY ADVISORY COUNCIL. |
---|
551 | 551 | | 18.9 Subdivision 1.Creation; membership.(a) The Massage Therapy Advisory Council is |
---|
552 | 552 | | 18.10created and is composed of five members appointed by the commissioner. All members |
---|
553 | 553 | | 18.11must have resided in this state for at least three years immediately preceding appointment. |
---|
554 | 554 | | 18.12The advisory council consists of: |
---|
555 | 555 | | 18.13 (1) two public members, as defined in section 214.02; and |
---|
556 | 556 | | 18.14 (2) three members who are licensed under sections 148.636 to 148.6373, two of whom |
---|
557 | 557 | | 18.15must be licensed as massage therapists. |
---|
558 | 558 | | 18.16 (b) No more than one member of the advisory council may be an owner or administrator |
---|
559 | 559 | | 18.17of a massage therapy education provider. |
---|
560 | 560 | | 18.18 Subd. 2.Administration.The advisory council is established and administered under |
---|
561 | 561 | | 18.19section 15.059. |
---|
562 | 562 | | 18.20 Subd. 3.Chair.The advisory council shall elect a chair from among its members. |
---|
563 | 563 | | 18.21 Subd. 4.Duties.The advisory council shall: |
---|
564 | 564 | | 18.22 (1) advise the commissioner on establishing standards of practice and a code of ethics |
---|
565 | 565 | | 18.23for licensed massage therapists or Asian bodywork therapists; |
---|
566 | 566 | | 18.24 (2) advise the commissioner on distributing information regarding massage therapy or |
---|
567 | 567 | | 18.25Asian bodywork therapy practice standards; |
---|
568 | 568 | | 18.26 (3) review applications and make recommendations for granting or denying applications |
---|
569 | 569 | | 18.27for licensure or licensure renewal; |
---|
570 | 570 | | 18.28 (4) advise the commissioner on issues related to receiving and investigating complaints, |
---|
571 | 571 | | 18.29conducting hearings, and imposing disciplinary action in relation to complaints filed against |
---|
572 | 572 | | 18.30licensed massage therapists or Asian bodywork therapists; and |
---|
573 | 573 | | 18Article 1 Sec. 13. |
---|
574 | 574 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 19.1 (5) perform other duties authorized for advisory councils under chapter 214, as directed |
---|
575 | 575 | | 19.2by the commissioner. |
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576 | 576 | | 19.3 Subd. 5.Expiration.Notwithstanding section 15.059, the advisory council does not |
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577 | 577 | | 19.4expire. |
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578 | 578 | | 19.5 Sec. 14. [148.6373] FEES. |
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579 | 579 | | 19.6 Subdivision 1.Fees.Fees are as follows: |
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580 | 580 | | 19.7 (1) initial licensure with application fee must not exceed $285; |
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581 | 581 | | 19.8 (2) biennial licensure renewal fee must not exceed $185; |
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582 | 582 | | 19.9 (3) duplicate licensure certificate, $15; |
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583 | 583 | | 19.10 (4) late fee, $50; |
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584 | 584 | | 19.11 (5) annual inactive status, $50; |
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585 | 585 | | 19.12 (6) inactive to active status reactivation, $50; |
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586 | 586 | | 19.13 (7) temporary permit, $50; and |
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587 | 587 | | 19.14 (8) returned check, $35. |
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588 | 588 | | 19.15 Subd. 2.Late renewal fee.An application for licensure renewal submitted after the |
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589 | 589 | | 19.16deadline must be accompanied by a late fee in addition to the required fees. |
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590 | 590 | | 19.17 Subd. 3.Nonrefundable fees.All of the fees in this section are nonrefundable. |
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591 | 591 | | 19.18 Subd. 4.Deposit.Fees collected by the commissioner under this section must be deposited |
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592 | 592 | | 19.19into the state government special revenue fund. |
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593 | 593 | | 19.20Sec. 15. INITIAL MASSAGE THERAPY ADVISORY COUNCIL. |
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594 | 594 | | 19.21 Subdivision 1.Initial member appointments.The commissioner of health shall make |
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595 | 595 | | 19.22the initial appointments to the Massage Therapy Advisory Council authorized under |
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596 | 596 | | 19.23Minnesota Statutes, section 148.6372, by January 1, 2027. The initial therapist members |
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597 | 597 | | 19.24appointed to the advisory council need not be licensed under Minnesota Statutes, sections |
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598 | 598 | | 19.25148.636 to 148.6373, prior to initial appointment, but must be a practicing massage therapist |
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599 | 599 | | 19.26or Asian bodywork therapist with at least five years experience in the practice of massage |
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600 | 600 | | 19.27therapy or Asian bodywork therapy. A massage therapist or Asian bodywork therapist |
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601 | 601 | | 19.28initially appointed to the advisory council must obtain licensure under Minnesota Statutes, |
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602 | 602 | | 19.29sections 148.636 to 148.6373, by July 1, 2028. If the massage therapist member does not |
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603 | 603 | | 19.30obtain licensure by July 1, 2028, the member must be removed from the advisory council |
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604 | 604 | | 19Article 1 Sec. 15. |
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605 | 605 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 20.1by the commissioner and a new member who is licensed under Minnesota Statutes, sections |
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606 | 606 | | 20.2148.636 to 148.6373, must be appointed by the commissioner. |
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607 | 607 | | 20.3 Subd. 2.First advisory council meeting; initial chair.The commissioner of health |
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608 | 608 | | 20.4shall designate one member from the initial appointments to call the first meeting of the |
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609 | 609 | | 20.5advisory council. The first meeting must be convened by May 15, 2027. The advisory |
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610 | 610 | | 20.6council shall elect a chair from its members at the first advisory council meeting. |
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611 | 611 | | 20.7 Sec. 16. APPROPRIATION. |
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612 | 612 | | 20.8 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the state |
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613 | 613 | | 20.9government special revenue fund to the commissioner of health to implement Minnesota |
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614 | 614 | | 20.10Statutes, sections 148.636 to 148.6373. The base for this appropriation is $........ |
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615 | 615 | | 20.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
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616 | 616 | | 20.12Sec. 17. EFFECTIVE DATE. |
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617 | 617 | | 20.13 Sections 1 to 15 are effective January 1, 2027, unless a different date is indicated. |
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618 | 618 | | 20.14 ARTICLE 2 |
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619 | 619 | | 20.15 CONFORMING AMENDMENTS |
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620 | 620 | | 20.16Section 1. Minnesota Statutes 2024, section 146A.01, subdivision 4, is amended to read: |
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621 | 621 | | 20.17 Subd. 4.Complementary and alternative health care practices.(a) "Complementary |
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622 | 622 | | 20.18and alternative health care practices" means the broad domain of complementary and |
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623 | 623 | | 20.19alternative healing methods and treatments, including but not limited to: (1) acupressure; |
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624 | 624 | | 20.20(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally |
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625 | 625 | | 20.21traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing; |
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626 | 626 | | 20.22(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food |
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627 | 627 | | 20.23supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12) |
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628 | 628 | | 20.24Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism; |
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629 | 629 | | 20.25(15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage |
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630 | 630 | | 20.26therapy somatic movement therapy and movement education, structural integration practices, |
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631 | 631 | | 20.27and reflexology practices; (18) meditation; (19) mind-body healing practices; (20) |
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632 | 632 | | 20.28naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such |
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633 | 633 | | 20.29as Qi Gong energy healing. |
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634 | 634 | | 20.30 (b) Complementary and alternative health care practices do not include surgery, x-ray |
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635 | 635 | | 20.31radiation, administering or dispensing legend drugs and controlled substances, practices |
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636 | 636 | | 20Article 2 Section 1. |
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637 | 637 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 21.1that invade the human body by puncture of the skin, setting fractures, the use of medical |
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638 | 638 | | 21.2devices as defined in section 147A.01, any practice included in the practice of dentistry as |
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639 | 639 | | 21.3defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations |
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640 | 640 | | 21.4of joints or the spine as described in section 146.23 or 148.01. |
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641 | 641 | | 21.5 (c) Complementary and alternative health care practices do not include practices that |
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642 | 642 | | 21.6are permitted under section 147.09, clause (11), or 148.271, clause (5). |
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643 | 643 | | 21.7 (d) This chapter does not apply to, control, prevent, or restrict the practice, service, or |
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644 | 644 | | 21.8activity of lawfully marketing or distributing food products, including dietary supplements |
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645 | 645 | | 21.9as defined in the federal Dietary Supplement Health and Education Act, educating customers |
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646 | 646 | | 21.10about such products, or explaining the uses of such products. Under Minnesota law, an |
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647 | 647 | | 21.11unlicensed complementary and alternative health care practitioner may not provide a medical |
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648 | 648 | | 21.12diagnosis or recommend discontinuance of medically prescribed treatments. |
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649 | 649 | | 21.13 EFFECTIVE DATE.This section is effective July 1, 2027. |
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650 | 650 | | 21.14Sec. 2. Minnesota Statutes 2024, section 146A.06, subdivision 3, is amended to read: |
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651 | 651 | | 21.15 Subd. 3.Exchanging information.(a) The office shall establish internal operating |
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652 | 652 | | 21.16procedures for: |
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653 | 653 | | 21.17 (1) exchanging information with state boards; agencies, including the Office of |
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654 | 654 | | 21.18Ombudsman for Mental Health and Developmental Disabilities; health-related and law |
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655 | 655 | | 21.19enforcement facilities; departments responsible for licensing health-related occupations, |
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656 | 656 | | 21.20facilities, and programs; and law enforcement personnel in this and other states; and |
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657 | 657 | | 21.21 (2) coordinating investigations involving matters within the jurisdiction of more than |
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658 | 658 | | 21.22one regulatory agency. |
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659 | 659 | | 21.23 (b) The procedures for exchanging information must provide for the forwarding to the |
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660 | 660 | | 21.24entities described in paragraph (a), clause (1), of information and evidence, including the |
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661 | 661 | | 21.25results of investigations, that are relevant to matters within the regulatory jurisdiction of |
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662 | 662 | | 21.26the organizations in paragraph (a). The data have the same classification in the hands of the |
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663 | 663 | | 21.27agency receiving the data as they have in the hands of the agency providing the data. |
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664 | 664 | | 21.28 (c) The office shall establish procedures for exchanging information with other states |
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665 | 665 | | 21.29regarding disciplinary action against unlicensed complementary and alternative health care |
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666 | 666 | | 21.30practitioners. |
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667 | 667 | | 21.31 (d) The office shall forward to another governmental agency any complaints received |
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668 | 668 | | 21.32by the office that do not relate to the office's jurisdiction but that relate to matters within |
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669 | 669 | | 21Article 2 Sec. 2. |
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670 | 670 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM 22.1the jurisdiction of the other governmental agency. The agency to which a complaint is |
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671 | 671 | | 22.2forwarded shall advise the office of the disposition of the complaint. A complaint or other |
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672 | 672 | | 22.3information received by another governmental agency relating to a statute or rule that the |
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673 | 673 | | 22.4office is empowered to enforce must be forwarded to the office to be processed in accordance |
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674 | 674 | | 22.5with this section. |
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675 | 675 | | 22.6 (e) The office shall furnish to a person who made a complaint a description of the actions |
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676 | 676 | | 22.7of the office relating to the complaint. |
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677 | 677 | | 22.8 (f) The office shall report to the commissioner of health all final disciplinary actions |
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678 | 678 | | 22.9against individuals practicing massage therapy or Asian bodywork therapy as unlicensed |
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679 | 679 | | 22.10complementary and alternative health care practitioners. Upon request by the commissioner, |
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680 | 680 | | 22.11the office must share all complaint, investigatory, and disciplinary data regarding a named |
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681 | 681 | | 22.12individual who has practiced or is practicing massage therapy or Asian bodywork therapy |
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682 | 682 | | 22.13as an unlicensed complementary and alternative health care practitioner. |
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683 | 683 | | 22.14 EFFECTIVE DATE.This section is effective July 1, 2027. |
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684 | 684 | | 22.15Sec. 3. Minnesota Statutes 2024, section 146A.09, is amended by adding a subdivision to |
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685 | 685 | | 22.16read: |
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686 | 686 | | 22.17 Subd. 8.Licensed massage therapists.A person whose licensure as a massage therapist |
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687 | 687 | | 22.18or Asian bodywork therapist under sections 148.636 to 148.6373 has been suspended or |
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688 | 688 | | 22.19revoked by the commissioner of health must not practice as an unlicensed complementary |
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689 | 689 | | 22.20and alternative health care practitioner under this chapter during a period of suspension or |
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690 | 690 | | 22.21revocation. |
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691 | 691 | | 22.22 EFFECTIVE DATE.This section is effective July 1, 2027. |
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692 | 692 | | 22Article 2 Sec. 3. |
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693 | 693 | | 25-01642 as introduced01/09/25 REVISOR SGS/BM Page.Ln 1.8MASSAGE THERAPY AND ASIAN BODYWORK THERAPY.......ARTICLE 1 |
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694 | 694 | | Page.Ln 20.14CONFORMING AMENDMENTS ........................................................ARTICLE 2 |
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695 | 695 | | 1 |
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696 | 696 | | APPENDIX |
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697 | 697 | | Article locations for 25-01642 |
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