Tennessee enacted 1995 Texas enacted 1985 Utah enacted 1981 Virginia enacted 1996 Washington enacted 1976 West Virginia enacted 1997 Wisconsin enacted 1998 d. If current practitioners in Minnesota lack any training, education, experience, or credential that would be required under the new regulation, how does the proposal address that lack? If a practitioner has practiced for at least two of the previous five years immediately preceding the licensure application date, they would not need to obtain any additional education and training to practice. “Licensure by prior experience” is available within the statute as long as the practitioner has the required experience and meets the other requirements for licensure (i.e. completed application, background check, insurance). e. Would new entrants into the occupation be required to provide evidence of preparation or be required to pass an examination? If not, please explain why not. Would current practitioners be required to provide such evidence? If not, why not? New entrants would be required to provide transcripts from the educational institution to apply for a nationally accredited exam selected by the board to apply for a Minnesota license. Questionnaire A – Increased Regulation 6 3) Supervision of practitioners a. How are practitioners of the occupation currently supervised, including any supervision within regulated institution or by a regulated health professional? How would the proposal change the provision of supervision? There is not a regulatory body that supervises massage therapists and Asian bodywork therapists on a statewide basis. There are local laws that regulate individual practitioners. These regulations vary by locality and there is no comprehensive coordination of these local regulations. Under the proposed legislation, the regulation would be held under the Board of Nursing. An advisory council of five members to oversee the massage therapy profession would be formed to advise the Board of Nursing on issues impacting massage therapists. b. Does a regulatory entity currently exist or does the proposal create a regulatory entity? What is the proposed scope of authority of the entity? (For example, will it have authority to develop rules, determine standards for education and training, assess practitioners’ competence levels?) Has the proposed change been discussed with the current regulatory authority? If so, please list participants and date. There is not a regulatory body that currently supervises massage and Asian bodywork. This legislation would create a five-member advisory council under the Board of Nursing. The Board of Nursing would serve as the regulatory body. The proposed change has been discussed with the Board or Nursing and they have expressed a willingness and ability to serve in this regulatory role. Although the framework for regulation is addressed in the legislation, the Board of Nursing in consultation with the advisory council would: issue licenses; adopt rules; assign duties to the advisory council; establish educational requirements and approve schools and programs; investigate violations of the law; impose discipline; maintain records of licensees; and distribute information concerning massage therapy standards. c. Do provisions exist to ensure that practitioners maintain competency? Describe any proposed change. There is not a regulatory body that supervises massage therapy and Asian bodywork therapy. This proposed legislation would require educational competency to enter the profession and a requirement that practitioners carry liability insurance to maintain their license. 4) Level of regulation (See Mn Stat 214.001, subd. 2, declaring that “no regulations shall be imposed upon any occupation unless required for the safety and well being of the citizens of the state.” The harm must be “recognizable, and not remote.” Ibid.) a. Describe the harm to the public posed by the unregulated practice of the occupation or by the continued practice at its current degree of regulation. a. The proposed legislation would reduce the risk to the public as the practice of therapeutic massage includes the potential risk of client injury or harm given the procedures used by massage therapists during the course of treatment. The knowledge of contraindications (i.e., how a procedure can impact a patient with a preexisting health condition) is critical and a central component of proper education and training. b. As a nonpharmacologic treatment, massage therapy is becoming rapidly integrated into the healthcare system for treatment of varied conditions including Questionnaire A – Increased Regulation 7 cancer, asthma, osteoarthritis, chronic low back and neck pain, headache, soft tissue injury, depression, anxiety, effects of premature birth, temporomandibular joint pain, digestive disorders, fibromyalgia, nerve pain and insomnia related to stress among other conditions. (https://nccih.nih.gov/health/massage). c. Competency and Regulation. The degree of entry-level competency required to remove potential harm to the public can only be assured through statewide regulation. Licensure of massage therapists will offer the optimal public protection and with appropriate academic, clinical, ethics and business training, will be able to offer safe and effective massage therapy to Minnesotans. Barring state regulation,