Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1131 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to health occupations; establishing licensure for massage therapy and​
33 1.3 Asian bodywork therapy; establishing fees; providing criminal penalties;​
44 1.4 appropriating money; amending Minnesota Statutes 2024, sections 146A.01,​
55 1.5 subdivision 4; 146A.06, subdivision 3; 146A.09, by adding a subdivision; proposing​
66 1.6 coding for new law in Minnesota Statutes, chapter 148.​
77 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
88 1.8 ARTICLE 1​
99 1.9 MASSAGE THERAPY AND ASIAN BODYWORK THERAPY​
1010 1.10 Section 1. [148.636] CITATION.​
1111 1.11 Sections 148.636 to 148.6373 may be cited as the "Minnesota Massage Therapy and​
1212 1.12Asian Bodywork Therapy Act."​
1313 1.13 Sec. 2. [148.6361] DEFINITIONS.​
1414 1.14 Subdivision 1.Applicability.For purposes of sections 148.636 to 148.6373, the terms​
1515 1.15defined in this section have the meanings given.​
1616 1.16 Subd. 2.Advisory council."Advisory council" means the Massage Therapy Advisory​
1717 1.17Council established under section 148.6372.​
1818 1.18 Subd. 3.Applicant."Applicant" means an individual who has submitted an application​
1919 1.19to the commissioner according to sections 148.636 to 148.6373.​
2020 1.20 Subd. 4.Asian bodywork therapy.(a) "Asian bodywork therapy" means therapy based​
2121 1.21upon Chinese medical principles with the intent of promoting, maintaining, and restoring​
2222 1.22health and well-being by affecting the body and emotions.​
2323 1​Article 1 Sec. 2.​
2424 25-01642 as introduced​01/09/25 REVISOR SGS/BM​
2525 SENATE​
2626 STATE OF MINNESOTA​
2727 S.F. No. 1131​NINETY-FOURTH SESSION​
2828 (SENATE AUTHORS: HOFFMAN, Housley, Gustafson, Koran and Lang)​
2929 OFFICIAL STATUS​D-PG​DATE​
3030 Introduction and first reading​02/10/2025​
3131 Referred to Health and Human Services​ 2.1 (b) Asian bodywork therapy may use any of the following techniques:​
3232 2.2 (1) pressing;​
3333 2.3 (2) soothing;​
3434 2.4 (3) kneading;​
3535 2.5 (4) vibration;​
3636 2.6 (5) friction;​
3737 2.7 (6) passive stretching within the client's physiological range of motion;​
3838 2.8 (7) active assistive and resistive movement;​
3939 2.9 (8) stretching; and​
4040 2.10 (9) tapping, movement, exercising, or manipulation of the soft tissues.​
4141 2.11 (c) Methods of assessment and evaluation for Asian bodywork therapy may include a​
4242 2.12health history and intake interview; observation; listening; questioning; palpation; and with​
4343 2.13the client's permission or if the client is a minor, the permission of the client's legal guardian​
4444 2.14or parent, consultation with the client's other health care providers.​
4545 2.15 Subd. 5.Client."Client" means a recipient of massage therapy services or Asian​
4646 2.16bodywork therapy services.​
4747 2.17 Subd. 6.Commissioner."Commissioner" means the commissioner of health or a​
4848 2.18designee.​
4949 2.19 Subd. 7.Contact hours."Contact hours" means the number of hours during which a​
5050 2.20student is engaged in learning activities provided by a board-approved training program.​
5151 2.21Contact hours include synchronous or asynchronous distance learning and in-person learning.​
5252 2.22 Subd. 8.Credentialing examination."Credentialing examination" means an examination​
5353 2.23approved by the commissioner that meets recognized psychometric principles and standards​
5454 2.24and is administered by a national testing organization.​
5555 2.25 Subd. 9.Licensed Asian bodywork therapist."Licensed Asian bodywork therapist"​
5656 2.26or "Asian bodywork therapist" means an individual who meets the qualifications in sections​
5757 2.27148.636 to 148.6373 for the practice of Asian bodywork therapy and is licensed by the​
5858 2.28commissioner.​
5959 2.29 Subd. 10.Licensed massage therapist."Licensed massage therapist" or "massage​
6060 2.30therapist" means an individual who meets the qualifications in sections 148.636 to 148.6373​
6161 2.31for the practice of massage therapy and is licensed by the commissioner.​
6262 2​Article 1 Sec. 2.​
6363 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 3.1 Subd. 11.Massage therapy.(a) "Massage therapy" means the manual manipulation of​
6464 3.2the soft tissues of the body to promote, maintain, and restore health and well-being.​
6565 3.3 (b) Massage therapy may use any of the following techniques:​
6666 3.4 (1) stroking;​
6767 3.5 (2) gliding;​
6868 3.6 (3) lifting;​
6969 3.7 (4) kneading;​
7070 3.8 (5) jostling;​
7171 3.9 (6) vibration;​
7272 3.10 (7) percussion;​
7373 3.11 (8) compression;​
7474 3.12 (9) friction;​
7575 3.13 (10) holding;​
7676 3.14 (11) passive stretching within the client's physiological range of motion;​
7777 3.15 (12) movement or manipulation of the soft tissues;​
7878 3.16 (13) active assistive and resistive movement; and​
7979 3.17 (14) stretching.​
8080 3.18 (c) Methods of assessment for massage therapy may include a health history and intake​
8181 3.19interview; observation of posture and movement; palpation; range of motion assessment;​
8282 3.20and with the client's permission or if the client is a minor, the permission of the client's legal​
8383 3.21guardian or parent, consultation with the client's other health care providers.​
8484 3.22 Subd. 12.Municipality."Municipality" means a county, town, or home rule charter or​
8585 3.23statutory city.​
8686 3.24 Sec. 3. [148.6362] DUTIES OF THE COMMISSIONER.​
8787 3.25 The commissioner, in consultation with the advisory council, shall:​
8888 3.26 (1) issue licenses to qualified applicants according to sections 148.636 to 148.6373;​
8989 3.27 (2) adopt rules, including standards of practice and a professional code of ethics, necessary​
9090 3.28to implement the provisions of sections 148.636 to 148.6373;​
9191 3​Article 1 Sec. 3.​
9292 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 4.1 (3) assign duties to the advisory council that are necessary to implement the provisions​
9393 4.2of sections 148.636 to 148.6373;​
9494 4.3 (4) approve a credentialing examination;​
9595 4.4 (5) establish educational requirements, approve massage therapy and Asian bodywork​
9696 4.5therapy schools or programs, and conduct or provide for surveys of schools, programs, and​
9797 4.6courses;​
9898 4.7 (6) enforce sections 148.636 to 148.6373 and investigate violations of section 148.6370​
9999 4.8by a licensee or applicant;​
100100 4.9 (7) impose discipline as described in section 148.6370;​
101101 4.10 (8) maintain a record of names and addresses of licensees; and​
102102 4.11 (9) distribute information regarding massage therapy and Asian bodywork therapy​
103103 4.12standards, including applications and forms necessary to carry out the provisions of sections​
104104 4.13148.636 to 148.6373.​
105105 4.14 Sec. 4. [148.6363] LIMITATIONS ON PRACTICE; DATA PRACTICES.​
106106 4.15 Subdivision 1.Limitations.The practice of massage therapy and Asian bodywork​
107107 4.16therapy does not include:​
108108 4.17 (1) performing examinations for the purpose of diagnosis;​
109109 4.18 (2) providing treatments that are outside the scope of massage therapy or Asian bodywork​
110110 4.19therapy practice;​
111111 4.20 (3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by​
112112 4.21the use of high-velocity, low-amplitude thrusting force;​
113113 4.22 (4) attempts to stimulate various points of the body by needle insertion or interruption​
114114 4.23of the cutaneous integrity by needle insertion to secure therapeutic relief of symptoms;​
115115 4.24 (5) prescriptive exercise;​
116116 4.25 (6) manual or mechanical traction when applied to the spine or extremities for the​
117117 4.26purposes of joint mobilization or manipulation;​
118118 4.27 (7) injection therapy;​
119119 4.28 (8) laser therapy;​
120120 4.29 (9) microwave diathermy;​
121121 4.30 (10) electrical stimulation;​
122122 4​Article 1 Sec. 4.​
123123 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 5.1 (11) ultrasound;​
124124 5.2 (12) iontophoresis; or​
125125 5.3 (13) phonophoresis.​
126126 5.4 Subd. 2.Referrals to other health care providers.If a reasonably prudent licensed​
127127 5.5massage therapist or Asian bodywork therapist finds a client's medical condition is beyond​
128128 5.6the scope of practice established by sections 148.636 to 148.6373 for a licensed massage​
129129 5.7therapist or Asian bodywork therapist, the therapist must refer the client to a licensed health​
130130 5.8care provider. Nothing in this subdivision prohibits the massage therapist or Asian bodywork​
131131 5.9therapist from continuing to comanage a client's care.​
132132 5.10 Sec. 5. [148.6364] UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES​
133133 5.11AND RESTRICTIONS ON USE.​
134134 5.12 Effective January 1, 2027, no person shall practice or attempt to practice massage therapy​
135135 5.13or Asian bodywork therapy or use any of the terms or titles "licensed massage therapist,"​
136136 5.14"LMT," "licensed Asian bodywork therapist," "LABT," or any other term or title that may​
137137 5.15lead the public to believe that the person is engaged in the practice of massage therapy or​
138138 5.16Asian bodywork therapy unless the person is licensed under sections 148.636 to 148.6373​
139139 5.17as a licensed massage therapist or licensed Asian bodywork therapist.​
140140 5.18 Sec. 6. [148.6365] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.​
141141 5.19 Subdivision 1.Other professions.Nothing in sections 148.636 to 148.6373 shall be​
142142 5.20construed to prohibit, restrict, or regulate the practice of any profession or occupation​
143143 5.21licensed or registered in the state by an individual licensed or registered to practice the​
144144 5.22profession or occupation or to perform any act that falls within the scope of practice of the​
145145 5.23profession or occupation.​
146146 5.24 Subd. 2.Complementary and alternative health care practitioner.(a) Nothing in​
147147 5.25sections 148.636 to 148.6373 shall be construed to prohibit, restrict, or regulate the practice​
148148 5.26of any individual who is engaged in providing complementary and alternative health care​
149149 5.27practices as defined in section 146A.01, subdivision 4, provided that the practitioner does​
150150 5.28not advertise or imply that the practitioner is licensed according to sections 148.636 to​
151151 5.29148.6373 and the practices are not designated or implied to be massage therapy or Asian​
152152 5.30bodywork therapy.​
153153 5.31 (b) This subdivision includes any complementary and alternative health care practitioner​
154154 5.32who is recognized by or meets the established standards of either a professional organization​
155155 5​Article 1 Sec. 6.​
156156 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 6.1or credentialing body that represents or certifies the respective practice based on a minimum​
157157 6.2level of training, demonstration of competency, and adherence to ethical standards, and:​
158158 6.3 (1) uses touch, words, and directed movement to deepen awareness of existing patterns​
159159 6.4of movement as well as to suggest new possibilities of movement;​
160160 6.5 (2) uses energy or superficial touch to affect the energy systems of the human body;​
161161 6.6 (3) uses touch to effect change in the structure of the body while engaged in the practice​
162162 6.7of structural integration; or​
163163 6.8 (4) practices reflexology.​
164164 6.9 Subd. 3.Other exemptions.Nothing in sections 148.636 to 148.6373 shall be construed​
165165 6.10to prohibit, restrict, or regulate individuals providing:​
166166 6.11 (1) massage emergency response team services working in conjunction with disaster​
167167 6.12relief officials;​
168168 6.13 (2) massage therapy services or Asian bodywork therapy services provided by out-of-state​
169169 6.14massage therapists or Asian bodywork therapists that are incidental to a specific event, such​
170170 6.15as an amateur sports competition, dance performance or event, or other similar athletic​
171171 6.16events;​
172172 6.17 (3) instruction of education courses in massage therapy or Asian bodywork therapy if​
173173 6.18the instruction does not involve the direct delivery of massage therapy services or Asian​
174174 6.19bodywork therapy services;​
175175 6.20 (4) massage therapy services or Asian bodywork therapy services provided as an​
176176 6.21employee of the United States government or any federal government entity while acting​
177177 6.22in the course and scope of such employment;​
178178 6.23 (5) massage therapy services or Asian bodywork therapy services provided by massage​
179179 6.24therapy students or Asian bodywork therapy students practicing under supervision as part​
180180 6.25of a school-sanctioned activity; or​
181181 6.26 (6) massage therapy services or Asian bodywork therapy services provided without​
182182 6.27remuneration to family members.​
183183 6.28 Sec. 7. [148.6366] REQUIREMENTS FOR LICENSURE.​
184184 6.29 Subdivision 1.General licensure requirements.(a) To be eligible for licensure as a​
185185 6.30massage therapist or Asian bodywork therapist according to sections 148.636 to 148.6373,​
186186 6.31an applicant must submit to the commissioner:​
187187 6​Article 1 Sec. 7.​
188188 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 7.1 (1) a completed application on a form provided by the commissioner that includes:​
189189 7.2 (i) the applicant's name, Social Security number, home address and telephone number,​
190190 7.3and business address and telephone number;​
191191 7.4 (ii) a list of credentials held by the applicant in this state or in any other jurisdiction;​
192192 7.5 (iii) a description of any jurisdiction's refusal to license or credential the applicant;​
193193 7.6 (iv) a description of all professional disciplinary actions initiated against the applicant​
194194 7.7in this state or any other jurisdiction;​
195195 7.8 (v) any history of drug or alcohol abuse;​
196196 7.9 (vi) any misdemeanor, gross misdemeanor, or felony convictions; and​
197197 7.10 (vii) any other additional information requested by the commissioner;​
198198 7.11 (2) proof, as required by the commissioner, that the applicant has satisfactorily completed​
199199 7.12a postsecondary massage therapy program or Asian bodywork therapy program through a​
200200 7.13school or program that:​
201201 7.14 (i) is licensed by or registered with the Minnesota Office of Higher Education or has​
202202 7.15conditional approval for a registered school and provisional license from the Minnesota​
203203 7.16Office of Higher Education; and​
204204 7.17 (ii) meets the education and training requirements described under subdivision 2 or 3;​
205205 7.18 (3) proof of successful passage of a credentialing examination approved by the​
206206 7.19commissioner;​
207207 7.20 (4) proof, as required by the commissioner, of current professional liability insurance​
208208 7.21coverage or school liability insurance coverage as applicable with at least $2,000,000 of​
209209 7.22coverage per occurrence and $6,000,000 annual aggregate; and​
210210 7.23 (5) any applicable fees as specified in section 148.6373.​
211211 7.24 (b) The applicant must submit to a criminal background check conducted in accordance​
212212 7.25with section 214.075 and pay any fees associated with conducting the criminal background​
213213 7.26check.​
214214 7.27 (c) The applicant must sign the application certifying that the information in the​
215215 7.28application is true and correct to the best of the applicant's knowledge and authorizing the​
216216 7.29commissioner to obtain access to the applicant's records in this state or any other jurisdiction​
217217 7.30in which the applicant has engaged in the practice of massage therapy or Asian bodywork​
218218 7.31therapy.​
219219 7​Article 1 Sec. 7.​
220220 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 8.1 Subd. 2.Education and training requirements for massage therapy licensure.(a)​
221221 8.2An applicant for licensure as a massage therapist under subdivision 1 whose application is​
222222 8.3received by the commissioner before July 1, 2030, must submit to the commissioner proof​
223223 8.4of satisfactorily completing a postsecondary program that meets the requirements in​
224224 8.5subdivision 1, paragraph (a), clause (2), item (i), and includes education and training in:​
225225 8.6 (1) anatomy;​
226226 8.7 (2) physiology;​
227227 8.8 (3) pathology;​
228228 8.9 (4) massage therapy;​
229229 8.10 (5) massage therapy history, theory, and research;​
230230 8.11 (6) professional ethics;​
231231 8.12 (7) therapeutic interpersonal communications and standards of practice;​
232232 8.13 (8) business and legal practices related to massage therapy; and​
233233 8.14 (9) supervised practice demonstrating safe use of equipment and supplies.​
234234 8.15 (b) An applicant for licensure as a massage therapist under subdivision 1 whose​
235235 8.16application is received by the commissioner on or after July 1, 2030, must submit to the​
236236 8.17commissioner proof of satisfactorily completing a postsecondary massage therapy program​
237237 8.18that meets the requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:​
238238 8.19 (1) has programmatic accreditation for massage therapy training programs from an​
239239 8.20agency recognized by the United States Department of Education; or​
240240 8.21 (2) includes at least 625 contact hours of education and training composed of 500 contact​
241241 8.22hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student​
242242 8.23clinical practice.​
243243 8.24 (c) A program may require more than 625 total contact hours of education and training,​
244244 8.25and may require more than 125 hours of supervised clinical practice, if at least 500 contact​
245245 8.26hours are devoted to instruction in the subjects listed in paragraph (a).​
246246 8.27 (d) A student shall not begin a supervised clinical practice of massage therapy without​
247247 8.28student or professional liability insurance coverage of up to $2,000,000 per occurrence and​
248248 8.29$6,000,000 annual aggregate. The school or program may offer the student or professional​
249249 8.30liability insurance coverage required under this paragraph to the student.​
250250 8​Article 1 Sec. 7.​
251251 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 9.1 Subd. 3.Education and training requirements for Asian bodywork therapy​
252252 9.2licensure.(a) An applicant for licensure as an Asian bodywork therapist under subdivision​
253253 9.31 whose application is received by the commissioner before July 1, 2030, must submit to​
254254 9.4the commissioner proof of satisfactorily completing a postsecondary program that meets​
255255 9.5the requirements in subdivision 1, paragraph (a), clause (2), item (i), and includes education​
256256 9.6and training in:​
257257 9.7 (1) anatomy;​
258258 9.8 (2) physiology;​
259259 9.9 (3) pathology;​
260260 9.10 (4) Asian bodywork therapy;​
261261 9.11 (5) traditional Chinese medicine theory;​
262262 9.12 (6) Asian bodywork history, theory, and research;​
263263 9.13 (7) professional ethics;​
264264 9.14 (8) therapeutic interpersonal communications and standards of practice;​
265265 9.15 (9) business and legal practices related to Asian bodywork therapy; and​
266266 9.16 (10) supervised practice demonstrating safe use of equipment and supplies.​
267267 9.17 (b) An applicant for licensure as an Asian bodywork therapist under subdivision 1 whose​
268268 9.18application is received by the commissioner on or after July 1, 2030, must submit to the​
269269 9.19commissioner proof of satisfactorily completing a postsecondary program that meets the​
270270 9.20requirements in subdivision 1, paragraph (a), clause (2), item (i), and either:​
271271 9.21 (1) has programmatic accreditation for Asian bodywork therapy training programs from​
272272 9.22an agency recognized by the United States Department of Education; or​
273273 9.23 (2) includes at least 625 contact hours of education and training composed of 500 contact​
274274 9.24hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student​
275275 9.25clinical practice.​
276276 9.26 (c) An Asian bodywork therapy school or program may require more than 625 total​
277277 9.27contact hours of education and training, and may require more than 125 hours of supervised​
278278 9.28clinical practice, if at least 500 contact hours are devoted to instruction in the subjects listed​
279279 9.29in paragraph (a).​
280280 9.30 (d) A student shall not begin a supervised clinical practice of Asian bodywork therapy​
281281 9.31without providing proof to the Asian bodywork therapy school or program of professional​
282282 9​Article 1 Sec. 7.​
283283 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 10.1liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual​
284284 10.2aggregate. The school or program may offer the professional liability insurance coverage​
285285 10.3required under this paragraph to the student.​
286286 10.4 Subd. 4.Licensure by endorsement.(a) To be eligible for licensure by endorsement,​
287287 10.5an applicant must:​
288288 10.6 (1) meet the requirements for licensure in subdivision 1 with the exception of subdivision​
289289 10.71, paragraph (a), clauses (2) and (3);​
290290 10.8 (2) provide proof as required by the commissioner that the massage therapy training​
291291 10.9program or Asian bodywork therapy training program at the time of the applicant's enrollment​
292292 10.10met the postsecondary education requirements in the jurisdiction in which the program was​
293293 10.11provided; and​
294294 10.12 (3) provide proof as required by the commissioner of a current and unrestricted equivalent​
295295 10.13credential in another jurisdiction that has qualifications at least equivalent to the requirements​
296296 10.14of sections 148.636 to 148.6373.​
297297 10.15 (b) Licenses issued by endorsement expire on the same schedule and must be renewed​
298298 10.16by the procedures described under section 148.6367, subdivision 2.​
299299 10.17 Subd. 5.Licensure by prior experience.(a) To be eligible for licensure by prior​
300300 10.18experience, an applicant must submit to the commissioner:​
301301 10.19 (1) the requirements for licensure in subdivision 1, with the exception of subdivision 1,​
302302 10.20paragraph (a), clauses (2) and (3); and​
303303 10.21 (2) proof of experience, as required by the commissioner, in the practice of massage​
304304 10.22therapy or Asian bodywork therapy for at least two of the previous five years immediately​
305305 10.23preceding the licensure application date.​
306306 10.24 (b) Licenses issued under this subdivision expire on the same schedule and must be​
307307 10.25renewed by the procedures described under section 148.6367, subdivision 2, unless the​
308308 10.26license is canceled due to nonrenewal under section 148.6367, subdivision 8, in which case​
309309 10.27the individual must apply for a new license under the initial licensure requirements in​
310310 10.28subdivision 1.​
311311 10.29 (c) The application for licensure by prior experience under this subdivision must be​
312312 10.30received by the commissioner before July 1, 2030.​
313313 10.31 Subd. 6.Temporary permit.(a) The commissioner may issue a temporary permit to​
314314 10.32practice massage therapy or Asian bodywork therapy to an applicant eligible for licensure​
315315 10​Article 1 Sec. 7.​
316316 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 11.1under this section if the application for licensure is complete, all applicable requirements​
317317 11.2have been met, and applicable fees have been paid. The temporary permit remains valid​
318318 11.3until the commissioner takes action on the applicant's application, or 90 days from the​
319319 11.4temporary permit's issuance, whichever is sooner.​
320320 11.5 (b) A temporary permit holder is considered a licensee for purposes of sections 148.6369​
321321 11.6and 148.6370.​
322322 11.7 (c) Practicing without a temporary permit is a violation of section 148.6369.​
323323 11.8 Sec. 8. [148.6367] LICENSE RENEWAL.​
324324 11.9 Subdivision 1.Licensure expiration.Licenses issued according to sections 148.635 to​
325325 11.10148.6363 expire biennially.​
326326 11.11 Subd. 2.Renewal.To be eligible for licensure renewal, an applicant must biennially,​
327327 11.12or as determined by the commissioner, submit to the commissioner:​
328328 11.13 (1) a completed renewal application on a form provided by the commissioner;​
329329 11.14 (2) any applicable fees as specified in section 148.6373;​
330330 11.15 (3) proof of current professional liability coverage with at least $2,000,000 of coverage​
331331 11.16per occurrence and $6,000,000 annual aggregate; and​
332332 11.17 (4) any additional information requested by the commissioner to clarify information​
333333 11.18presented in the renewal application. The applicant must submit the information within 30​
334334 11.19days after the commissioner's request, or the renewal request is canceled.​
335335 11.20 Subd. 3.Continuing education.(a) A licensed massage or Asian bodywork therapist​
336336 11.21must obtain continuing education in the two-year licensing period.​
337337 11.22 (b) Continuing education hours will be determined by the board.​
338338 11.23 (c) Activities qualifying as continuing education will be determined by the board and​
339339 11.24may be completed in person or online.​
340340 11.25 (d) All continuing education must be obtained between the effective and expiration dates​
341341 11.26of the license.​
342342 11.27 Subd. 4.Change of address.A licensee or applicant who changes addresses must inform​
343343 11.28the commissioner in writing within 30 days of the change of address. Notices or other​
344344 11.29correspondence mailed to or served on a licensee or applicant at the licensee or applicant's​
345345 11.30current address on file are considered received by the licensee or applicant.​
346346 11​Article 1 Sec. 8.​
347347 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 12.1 Subd. 5.Licensure renewal notice.(a) At least 60 days before the licensure expiration​
348348 12.2date, the commissioner shall send out a renewal notice to the last known address of the​
349349 12.3licensee. The notice must include:​
350350 12.4 (1) a renewal application;​
351351 12.5 (2) a notice of fees required for renewal; and​
352352 12.6 (3) information stating that licensure will expire without further action by the​
353353 12.7commissioner if an application for licensure renewal is not received before the deadline for​
354354 12.8renewal.​
355355 12.9 (b) The licensee's failure to receive the renewal notice does not relieve the licensee of​
356356 12.10the obligation to meet the deadline and other requirements for licensure renewal. Failure to​
357357 12.11receive the notice is not grounds for challenging expiration of licensed status.​
358358 12.12 Subd. 6.Renewal deadline.The renewal application and fee must be received by the​
359359 12.13commissioner or must be postmarked before the license's expiration date. If the postmark​
360360 12.14is illegible, the application is timely if received by the third working day after the deadline.​
361361 12.15 Subd. 7.Inactive status and return to active status.(a) A license may be placed in​
362362 12.16inactive status upon application to the commissioner by the licensee and upon payment of​
363363 12.17an inactive status fee as specified in section 148.6373. Failure to pay the annual inactive​
364364 12.18status fee shall result in a lapse of licensure.​
365365 12.19 (b) A licensee seeking licensure restoration to active status from inactive status must:​
366366 12.20 (1) apply to the commissioner for licensure renewal according to subdivision 2; and​
367367 12.21 (2) submit the applicable reactivation fee as specified in section 148.6373.​
368368 12.22 (c) If the license has been in inactive status for more than five years, the applicant must​
369369 12.23also receive a passing score on a credentialing examination before the restoration of the​
370370 12.24license to active status.​
371371 12.25 Subd. 8.Licensure following lapse for two years or less.To regain active licensure​
372372 12.26status for a license that has lapsed for two years or less, the applicant must:​
373373 12.27 (1) apply to the commissioner for licensure renewal according to subdivision 2; and​
374374 12.28 (2) submit all applicable renewal fees for the period not licensed, including the fee for​
375375 12.29late renewal.​
376376 12.30 Subd. 9.Cancellation due to nonrenewal.The commissioner shall not renew, reissue,​
377377 12.31reinstate, or restore a license that has lapsed and has not been renewed within two years.​
378378 12​Article 1 Sec. 8.​
379379 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 13.1An individual whose license is canceled for nonrenewal must obtain a new license by​
380380 13.2applying for licensure and fulfilling all requirements under section 148.6366, subdivision​
381381 13.31, for initial licensure as a massage therapist or Asian bodywork therapist.​
382382 13.4 Sec. 9. [148.6368] COMMISSIONER ACTION ON APPLICATIONS.​
383383 13.5 Subdivision 1.General.(a) The commissioner must act on each application for licensure​
384384 13.6or renewal according to this section.​
385385 13.7 (b) The commissioner shall determine if the applicant meets the requirements for licensure​
386386 13.8or renewal under section 148.6366 or 148.6367. The commissioner may investigate​
387387 13.9information provided by an applicant to determine whether the information is accurate and​
388388 13.10complete and may request additional information or documentation.​
389389 13.11 (c) The commissioner shall notify each applicant in writing of action taken on the​
390390 13.12application, the grounds for denying licensure if licensure is denied, and the applicant's right​
391391 13.13to review under paragraph (d).​
392392 13.14 (d) An applicant denied licensure may make a written request to the commissioner within​
393393 13.1530 days of the commissioner's notice to appear before the advisory council and for the​
394394 13.16advisory council to review the commissioner's decision to deny licensure. After reviewing​
395395 13.17the denial, the advisory council shall make a recommendation to the commissioner as to​
396396 13.18whether the denial must be affirmed. Each applicant is allowed only one request for review​
397397 13.19per licensure period.​
398398 13.20 Subd. 2.Licensure prohibited.(a) Except as provided in paragraph (b), the commissioner​
399399 13.21shall deny an application for licensure if an applicant:​
400400 13.22 (1) has been convicted in this state of any of the following crimes or of equivalent crimes​
401401 13.23in another state:​
402402 13.24 (i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;​
403403 13.25 (ii) criminal sexual conduct under sections 609.342 to 609.3451 or 609.3453; or​
404404 13.26 (iii) a violent crime as defined under section 611A.08, subdivision 6;​
405405 13.27 (2) is a registered sex offender under section 243.166;​
406406 13.28 (3) has been subject to disciplinary action under section 146A.09, if the commissioner​
407407 13.29determines that such denial is necessary to protect the public; or​
408408 13.30 (4) is charged with or under investigation for a complaint in this state or any other​
409409 13.31jurisdiction that would constitute a violation of statutes or rules established for the practice​
410410 13​Article 1 Sec. 9.​
411411 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 14.1of massage therapy or Asian bodywork therapy in this state and the charge or complaint​
412412 14.2has not been resolved in favor of the applicant.​
413413 14.3 (b) The commissioner may establish criteria whereby an individual convicted of an​
414414 14.4offense listed in paragraph (a) may become licensed if the criteria:​
415415 14.5 (1) utilize a rebuttable presumption that the applicant is not suitable for licensing or​
416416 14.6credentialing;​
417417 14.7 (2) provide a standard for overcoming the presumption; and​
418418 14.8 (3) require that a minimum of ten years has elapsed since the applicant was released​
419419 14.9from incarceration or supervisory jurisdiction related to the offense.​
420420 14.10 (c) The commissioner shall not consider an application under paragraph (b) if the​
421421 14.11commissioner determines that the victim involved in the offense was a client of the applicant​
422422 14.12at the time of the offense.​
423423 14.13Sec. 10. [148.6369] GROUNDS FOR DISCIPLINARY ACTION.​
424424 14.14 Subdivision 1.Grounds listed.(a) The commissioner may deny, revoke, suspend, limit,​
425425 14.15or condition the licensure of a licensed massage therapist or licensed Asian bodywork​
426426 14.16therapist or may otherwise discipline a licensee. The fact that massage therapy or Asian​
427427 14.17bodywork therapy may be considered a less customary approach to health care must not by​
428428 14.18itself constitute the basis for disciplinary action.​
429429 14.19 (b) The following are grounds for disciplinary action regardless of whether injury to a​
430430 14.20client is established:​
431431 14.21 (1) failing to demonstrate the qualifications or to satisfy the requirements for licensure​
432432 14.22under sections 148.636 to 148.6373 or rules of the commissioner. In the case of an applicant,​
433433 14.23the burden of proof is on the applicant to demonstrate the qualifications or satisfy the​
434434 14.24requirements;​
435435 14.25 (2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not​
436436 14.26limited to:​
437437 14.27 (i) advertising or holding oneself out as a "licensed massage therapist," "LMT," "licensed​
438438 14.28Asian bodywork therapist," "LABT," or any abbreviation or derivative thereof to indicate​
439439 14.29such a title, when such licensure is not valid or current for any reason;​
440440 14.30 (ii) advertising or holding oneself out as a "licensed massage therapist," "licensed Asian​
441441 14.31bodywork therapist," or any abbreviation or derivative thereof to indicate such a title, except​
442442 14​Article 1 Sec. 10.​
443443 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 15.1if the individual holds a license in another state or jurisdiction and does not provide services​
444444 15.2in Minnesota;​
445445 15.3 (iii) advertising a service, the provision of which would constitute a violation of this​
446446 15.4chapter or rules established by the commissioner; and​
447447 15.5 (iv) using fraud, deceit, or misrepresentation when communicating with the general​
448448 15.6public, health care providers, or other business professionals;​
449449 15.7 (3) falsifying information in a massage therapy or Asian bodywork therapy licensure or​
450450 15.8renewal application or attempting to obtain licensure, renewal, or reinstatement by fraud,​
451451 15.9deception, or misrepresentation, or aiding and abetting any of these acts;​
452452 15.10 (4) engaging in conduct with a client that is sexual or may reasonably be interpreted by​
453453 15.11the client as sexual, or engaging in any verbal behavior that is seductive or sexually​
454454 15.12demeaning to a client, or engaging in sexual exploitation of a client, without regard to who​
455455 15.13initiates such behaviors;​
456456 15.14 (5) committing an act of gross malpractice, negligence, or incompetency, or failing to​
457457 15.15practice massage therapy or Asian bodywork therapy with the level of care, skill, and​
458458 15.16treatment that is recognized by a reasonably prudent massage therapist or Asian bodywork​
459459 15.17therapist as being acceptable under similar conditions and circumstances;​
460460 15.18 (6) having an actual or potential inability to practice massage therapy or Asian bodywork​
461461 15.19therapy with reasonable skill and safety to clients by reason of illness, as a result of any​
462462 15.20mental or physical condition, or use of alcohol, drugs, chemicals, or any other material.​
463463 15.21Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person,​
464464 15.22or a person dangerous to the public by a court of competent jurisdiction, inside or outside​
465465 15.23of this state, may be considered evidence of an inability to practice massage therapy or​
466466 15.24Asian bodywork therapy;​
467467 15.25 (7) being the subject of disciplinary action as a massage therapist or Asian bodywork​
468468 15.26therapist in another state or jurisdiction if the commissioner or advisory council determines​
469469 15.27that the cause of the disciplinary action would be a violation under this state's statutes or​
470470 15.28rules of the commissioner had the violation occurred in this state;​
471471 15.29 (8) failing to notify the commissioner of revocation or suspension of a credential, or any​
472472 15.30other disciplinary action taken by this or any other state, territory, or country, including any​
473473 15.31restrictions on the right to practice; or the surrender or voluntary termination of a credential​
474474 15.32during a commissioner investigation of a complaint, as part of a disciplinary order, or while​
475475 15.33under a disciplinary order;​
476476 15​Article 1 Sec. 10.​
477477 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 16.1 (9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,​
478478 16.2or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,​
479479 16.3reasonably related to engaging in massage therapy practices or Asian bodywork therapy​
480480 16.4practices. Conviction, as used in this clause, includes a conviction for an offense that, if​
481481 16.5committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor​
482482 16.6regardless of its designation elsewhere, or a criminal proceeding where a finding or verdict​
483483 16.7of guilty is made or returned but the adjudication of guilt is either withheld or not entered;​
484484 16.8 (10) if a licensee is on probation, failing to abide by terms of probation;​
485485 16.9 (11) practicing or offering to practice beyond the scope of the practice of massage therapy​
486486 16.10or Asian bodywork therapy;​
487487 16.11 (12) managing client records and information improperly, including but not limited to​
488488 16.12failing to maintain adequate client records, comply with a client's request made according​
489489 16.13to sections 144.291 to 144.298, or furnish a client record or report required by law;​
490490 16.14 (13) revealing a privileged communication from or relating to a client except when​
491491 16.15otherwise required or permitted by law;​
492492 16.16 (14) providing massage therapy services or Asian bodywork therapy services that are​
493493 16.17linked to the financial gain of a referral source;​
494494 16.18 (15) obtaining money, property, or services from a client, other than reasonable fees for​
495495 16.19services provided to the client, through the use of undue influence, harassment, duress,​
496496 16.20deception, or fraud;​
497497 16.21 (16) engaging in abusive or fraudulent billing practices, including violations of federal​
498498 16.22Medicare and Medicaid laws or state medical assistance laws;​
499499 16.23 (17) failing to consult with a client's health care provider who prescribed a course of​
500500 16.24massage therapy treatment or Asian bodywork therapy treatment if the treatment needs to​
501501 16.25be altered from the original written order to conform with standards in the massage therapy​
502502 16.26or Asian bodywork therapy field or the licensee's level of training or experience;​
503503 16.27 (18) failing to cooperate with an investigation of the commissioner or the commissioner's​
504504 16.28representatives, including failing to: respond fully and promptly to any question raised by​
505505 16.29or on behalf of the commissioner relating to the subject of the investigation; execute all​
506506 16.30releases requested by the commissioner; provide copies of client records as reasonably​
507507 16.31requested by the commissioner to assist in the commissioner's investigation; and appear at​
508508 16.32conferences or hearings scheduled by the commissioner or the commissioner's staff;​
509509 16​Article 1 Sec. 10.​
510510 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 17.1 (19) interfering with an investigation or disciplinary proceeding, including by willful​
511511 17.2misrepresentation of facts or by the use of threats or harassment to prevent a person from​
512512 17.3providing evidence in a disciplinary proceeding or any legal action;​
513513 17.4 (20) violating a statute, rule, order, or agreement for corrective action that the​
514514 17.5commissioner issued or is otherwise authorized or empowered to enforce;​
515515 17.6 (21) aiding or abetting a person in violating sections 148.636 to 148.6373;​
516516 17.7 (22) failing to report to the commissioner other massage therapists or Asian bodywork​
517517 17.8therapists who commit violations of sections 148.636 to 148.6373; and​
518518 17.9 (23) failing to notify the commissioner in writing of the entry of a final judgment by a​
519519 17.10court of competent jurisdiction against the licensee for malpractice of massage therapy or​
520520 17.11Asian bodywork therapy, or any settlement by the licensee in response to charges or​
521521 17.12allegations of malpractice of massage therapy or Asian bodywork therapy. The notice must​
522522 17.13be provided to the commissioner within 60 days after the entry of a judgment or date of​
523523 17.14settlement, and must contain the name of the court, case number, and the names of all parties​
524524 17.15to the action.​
525525 17.16 Subd. 2.Evidence.In disciplinary actions alleging a violation of subdivision 1, a copy​
526526 17.17of the judgment or proceeding under the seal of the court administrator or of the​
527527 17.18administrative agency must be admissible into evidence without further authentication and​
528528 17.19must constitute prima facie evidence of the violation.​
529529 17.20 Subd. 3.Examination; access to medical data.The commissioner may take the actions​
530530 17.21described in section 148.261, subdivision 5, if the commissioner has probable cause to​
531531 17.22believe that grounds for disciplinary action exist under subdivision 1, paragraph (b), clause​
532532 17.23(6). The requirements and limitations described in section 148.261, subdivision 5, must​
533533 17.24apply.​
534534 17.25Sec. 11. [148.6370] DISCIPLINE; REPORTING.​
535535 17.26 For purposes of sections 148.636 to 148.6373, massage therapists or Asian bodywork​
536536 17.27therapists and applicants for licensure are subject to sections 148.262 to 148.266.​
537537 17.28Sec. 12. [148.6371] EFFECT ON MUNICIPAL ORDINANCES.​
538538 17.29 Subdivision 1.License authority.Effective July 1, 2027, the provisions of sections​
539539 17.30148.636 to 148.6373 preempt the licensure and regulation of massage therapists or Asian​
540540 17.31bodywork therapists by a municipality, including, without limitation, conducting a criminal​
541541 17.32background investigation and examination of a massage therapist or Asian bodywork​
542542 17​Article 1 Sec. 12.​
543543 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 18.1therapist, or applicant for a municipality's credential to practice massage therapy or Asian​
544544 18.2bodywork therapy.​
545545 18.3 Subd. 2.Municipal regulation.Sections 148.636 to 148.6373 do not limit a municipality​
546546 18.4from:​
547547 18.5 (1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a​
548548 18.6business license or permit to conduct business in the municipality; or​
549549 18.7 (2) regulating other professions or occupations.​
550550 18.8 Sec. 13. [148.6372] MASSAGE THERAPY ADVISORY COUNCIL.​
551551 18.9 Subdivision 1.Creation; membership.(a) The Massage Therapy Advisory Council is​
552552 18.10created and is composed of five members appointed by the commissioner. All members​
553553 18.11must have resided in this state for at least three years immediately preceding appointment.​
554554 18.12The advisory council consists of:​
555555 18.13 (1) two public members, as defined in section 214.02; and​
556556 18.14 (2) three members who are licensed under sections 148.636 to 148.6373, two of whom​
557557 18.15must be licensed as massage therapists.​
558558 18.16 (b) No more than one member of the advisory council may be an owner or administrator​
559559 18.17of a massage therapy education provider.​
560560 18.18 Subd. 2.Administration.The advisory council is established and administered under​
561561 18.19section 15.059.​
562562 18.20 Subd. 3.Chair.The advisory council shall elect a chair from among its members.​
563563 18.21 Subd. 4.Duties.The advisory council shall:​
564564 18.22 (1) advise the commissioner on establishing standards of practice and a code of ethics​
565565 18.23for licensed massage therapists or Asian bodywork therapists;​
566566 18.24 (2) advise the commissioner on distributing information regarding massage therapy or​
567567 18.25Asian bodywork therapy practice standards;​
568568 18.26 (3) review applications and make recommendations for granting or denying applications​
569569 18.27for licensure or licensure renewal;​
570570 18.28 (4) advise the commissioner on issues related to receiving and investigating complaints,​
571571 18.29conducting hearings, and imposing disciplinary action in relation to complaints filed against​
572572 18.30licensed massage therapists or Asian bodywork therapists; and​
573573 18​Article 1 Sec. 13.​
574574 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 19.1 (5) perform other duties authorized for advisory councils under chapter 214, as directed​
575575 19.2by the commissioner.​
576576 19.3 Subd. 5.Expiration.Notwithstanding section 15.059, the advisory council does not​
577577 19.4expire.​
578578 19.5 Sec. 14. [148.6373] FEES.​
579579 19.6 Subdivision 1.Fees.Fees are as follows:​
580580 19.7 (1) initial licensure with application fee must not exceed $285;​
581581 19.8 (2) biennial licensure renewal fee must not exceed $185;​
582582 19.9 (3) duplicate licensure certificate, $15;​
583583 19.10 (4) late fee, $50;​
584584 19.11 (5) annual inactive status, $50;​
585585 19.12 (6) inactive to active status reactivation, $50;​
586586 19.13 (7) temporary permit, $50; and​
587587 19.14 (8) returned check, $35.​
588588 19.15 Subd. 2.Late renewal fee.An application for licensure renewal submitted after the​
589589 19.16deadline must be accompanied by a late fee in addition to the required fees.​
590590 19.17 Subd. 3.Nonrefundable fees.All of the fees in this section are nonrefundable.​
591591 19.18 Subd. 4.Deposit.Fees collected by the commissioner under this section must be deposited​
592592 19.19into the state government special revenue fund.​
593593 19.20Sec. 15. INITIAL MASSAGE THERAPY ADVISORY COUNCIL.​
594594 19.21 Subdivision 1.Initial member appointments.The commissioner of health shall make​
595595 19.22the initial appointments to the Massage Therapy Advisory Council authorized under​
596596 19.23Minnesota Statutes, section 148.6372, by January 1, 2027. The initial therapist members​
597597 19.24appointed to the advisory council need not be licensed under Minnesota Statutes, sections​
598598 19.25148.636 to 148.6373, prior to initial appointment, but must be a practicing massage therapist​
599599 19.26or Asian bodywork therapist with at least five years experience in the practice of massage​
600600 19.27therapy or Asian bodywork therapy. A massage therapist or Asian bodywork therapist​
601601 19.28initially appointed to the advisory council must obtain licensure under Minnesota Statutes,​
602602 19.29sections 148.636 to 148.6373, by July 1, 2028. If the massage therapist member does not​
603603 19.30obtain licensure by July 1, 2028, the member must be removed from the advisory council​
604604 19​Article 1 Sec. 15.​
605605 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 20.1by the commissioner and a new member who is licensed under Minnesota Statutes, sections​
606606 20.2148.636 to 148.6373, must be appointed by the commissioner.​
607607 20.3 Subd. 2.First advisory council meeting; initial chair.The commissioner of health​
608608 20.4shall designate one member from the initial appointments to call the first meeting of the​
609609 20.5advisory council. The first meeting must be convened by May 15, 2027. The advisory​
610610 20.6council shall elect a chair from its members at the first advisory council meeting.​
611611 20.7 Sec. 16. APPROPRIATION.​
612612 20.8 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the state​
613613 20.9government special revenue fund to the commissioner of health to implement Minnesota​
614614 20.10Statutes, sections 148.636 to 148.6373. The base for this appropriation is $........​
615615 20.11 EFFECTIVE DATE.This section is effective the day following final enactment.​
616616 20.12Sec. 17. EFFECTIVE DATE.​
617617 20.13 Sections 1 to 15 are effective January 1, 2027, unless a different date is indicated.​
618618 20.14 ARTICLE 2​
619619 20.15 CONFORMING AMENDMENTS​
620620 20.16Section 1. Minnesota Statutes 2024, section 146A.01, subdivision 4, is amended to read:​
621621 20.17 Subd. 4.Complementary and alternative health care practices.(a) "Complementary​
622622 20.18and alternative health care practices" means the broad domain of complementary and​
623623 20.19alternative healing methods and treatments, including but not limited to: (1) acupressure;​
624624 20.20(2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally​
625625 20.21traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;​
626626 20.22(9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food​
627627 20.23supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)​
628628 20.24Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;​
629629 20.25(15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage​
630630 20.26therapy somatic movement therapy and movement education, structural integration practices,​
631631 20.27and reflexology practices; (18) meditation; (19) mind-body healing practices; (20)​
632632 20.28naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such​
633633 20.29as Qi Gong energy healing.​
634634 20.30 (b) Complementary and alternative health care practices do not include surgery, x-ray​
635635 20.31radiation, administering or dispensing legend drugs and controlled substances, practices​
636636 20​Article 2 Section 1.​
637637 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 21.1that invade the human body by puncture of the skin, setting fractures, the use of medical​
638638 21.2devices as defined in section 147A.01, any practice included in the practice of dentistry as​
639639 21.3defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations​
640640 21.4of joints or the spine as described in section 146.23 or 148.01.​
641641 21.5 (c) Complementary and alternative health care practices do not include practices that​
642642 21.6are permitted under section 147.09, clause (11), or 148.271, clause (5).​
643643 21.7 (d) This chapter does not apply to, control, prevent, or restrict the practice, service, or​
644644 21.8activity of lawfully marketing or distributing food products, including dietary supplements​
645645 21.9as defined in the federal Dietary Supplement Health and Education Act, educating customers​
646646 21.10about such products, or explaining the uses of such products. Under Minnesota law, an​
647647 21.11unlicensed complementary and alternative health care practitioner may not provide a medical​
648648 21.12diagnosis or recommend discontinuance of medically prescribed treatments.​
649649 21.13 EFFECTIVE DATE.This section is effective July 1, 2027.​
650650 21.14Sec. 2. Minnesota Statutes 2024, section 146A.06, subdivision 3, is amended to read:​
651651 21.15 Subd. 3.Exchanging information.(a) The office shall establish internal operating​
652652 21.16procedures for:​
653653 21.17 (1) exchanging information with state boards; agencies, including the Office of​
654654 21.18Ombudsman for Mental Health and Developmental Disabilities; health-related and law​
655655 21.19enforcement facilities; departments responsible for licensing health-related occupations,​
656656 21.20facilities, and programs; and law enforcement personnel in this and other states; and​
657657 21.21 (2) coordinating investigations involving matters within the jurisdiction of more than​
658658 21.22one regulatory agency.​
659659 21.23 (b) The procedures for exchanging information must provide for the forwarding to the​
660660 21.24entities described in paragraph (a), clause (1), of information and evidence, including the​
661661 21.25results of investigations, that are relevant to matters within the regulatory jurisdiction of​
662662 21.26the organizations in paragraph (a). The data have the same classification in the hands of the​
663663 21.27agency receiving the data as they have in the hands of the agency providing the data.​
664664 21.28 (c) The office shall establish procedures for exchanging information with other states​
665665 21.29regarding disciplinary action against unlicensed complementary and alternative health care​
666666 21.30practitioners.​
667667 21.31 (d) The office shall forward to another governmental agency any complaints received​
668668 21.32by the office that do not relate to the office's jurisdiction but that relate to matters within​
669669 21​Article 2 Sec. 2.​
670670 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ 22.1the jurisdiction of the other governmental agency. The agency to which a complaint is​
671671 22.2forwarded shall advise the office of the disposition of the complaint. A complaint or other​
672672 22.3information received by another governmental agency relating to a statute or rule that the​
673673 22.4office is empowered to enforce must be forwarded to the office to be processed in accordance​
674674 22.5with this section.​
675675 22.6 (e) The office shall furnish to a person who made a complaint a description of the actions​
676676 22.7of the office relating to the complaint.​
677677 22.8 (f) The office shall report to the commissioner of health all final disciplinary actions​
678678 22.9against individuals practicing massage therapy or Asian bodywork therapy as unlicensed​
679679 22.10complementary and alternative health care practitioners. Upon request by the commissioner,​
680680 22.11the office must share all complaint, investigatory, and disciplinary data regarding a named​
681681 22.12individual who has practiced or is practicing massage therapy or Asian bodywork therapy​
682682 22.13as an unlicensed complementary and alternative health care practitioner.​
683683 22.14 EFFECTIVE DATE.This section is effective July 1, 2027.​
684684 22.15Sec. 3. Minnesota Statutes 2024, section 146A.09, is amended by adding a subdivision to​
685685 22.16read:​
686686 22.17 Subd. 8.Licensed massage therapists.A person whose licensure as a massage therapist​
687687 22.18or Asian bodywork therapist under sections 148.636 to 148.6373 has been suspended or​
688688 22.19revoked by the commissioner of health must not practice as an unlicensed complementary​
689689 22.20and alternative health care practitioner under this chapter during a period of suspension or​
690690 22.21revocation.​
691691 22.22 EFFECTIVE DATE.This section is effective July 1, 2027.​
692692 22​Article 2 Sec. 3.​
693693 25-01642 as introduced​01/09/25 REVISOR SGS/BM​ Page.Ln 1.8​MASSAGE THERAPY AND ASIAN BODYWORK THERAPY.......ARTICLE 1​
694694 Page.Ln 20.14​CONFORMING AMENDMENTS ........................................................ARTICLE 2​
695695 1​
696696 APPENDIX​
697697 Article locations for 25-01642​