8.1 SR 06-03-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
8.1
Meeting Date
June 3, 2024
Prepared By
Tina Allard, City Clerk
Item Description
Ordinance Amendment 24-15: Massage Therapist
Exemption
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Ordinance 24-15 regarding exemptions from massage licensure.
Background/Discussion
Staff had an inquiry from a state-licensed mental health professional who works in a wellness center and a
yoga studio who would like to practice Somatic Therapy on her patients. Somatic therapists help people
release damaging emotions in their bodies by using various mind-body techniques. Per the current massage
licensing ordinance, she didn't quite fit into massage therapy or qualify under any of the exemptions.
The recommendation is to update the ordinance to exempt state-licensed mental health professionals and
wellness centers from massage therapy licensing as long as the professional fits into one of the state licensing
categories listed.
Financial Impact
N/A
Mission/Policy/Goal
City Mission
Attachments
1. Draft Massage Exemption Ordinance
Page 427 of 464
Ordinance 24 - ____
An Ordinance Amending Chapter, 38, Section 222, Regarding
Exceptions to the Licensing and Regulation of Therapeutic Massage of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That City of Elk River City Code §38-222. Exceptions, shall be amended to read,
with addition in underline and deletions in strikethrough as follows:
This article shall not apply to the following establishments or people:
(1) A health care facility licensed by the state.
(2) A health care facility owned in whole or in part by the state or any of its agencies.
(3)
Individuals licensed by the State of Minnesota to practice medicine, surgery, osteopathy,
chiropractic, physical therapy, occupational therapy, podiatry, mental health, nursing,
counseling, and people working solely for and under the direction of those individuals.
A medical clinic or hospital, so long as the massage is performed by a state-licensed physician,
chiropractor, osteopath, podiatrist, nurse, or physical therapist, or by an assistant working
under the direction of any of such professionals.
(4) A physical therapy clinic or athletic facility, so long as the massage is performed by a state-
licensed physical therapist, athletic director, coach, or trainer.
(5) A beauty parlor or barbershop, so long as the massage is performed by a state-licensed
beautician or barber, and treatment is limited to the scalp, face, and neck.
(6) Seated chair massage on a fully clothed person.
(7) Students of an accredited institution who are performing massage services in the course of
a clinical component of an accredited program of study, provided that the students are
performing the massage services at the location of the accredited institution and provided
the students are identified to the public as students of massage therapy. Students of an
accredited institution who are performing massage services at clinics or other facilities
located outside of the accredited institution must have at least 150 hours of certified
therapeutic massage training at the accredited institution prior to performing the therapy
outside of the institution and must be identified to the public as a student of massage
therapy.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Page 428 of 464
Passed and adopted by the City Council of the City of Elk River this 3rd day of June, 2024.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Page 429 of 464