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REQUEST FOR COUNCIL ACTION Date:April 24, 2023 Item No.: 7.b Department Approval City Manager Approval Item Description:Review and Consider an Ordinance Amending City Code Chapter 309: Massage Therapy 1 B ACKGROUND 2 The City Council has discussed the regulation of massage therapists and massage therapy 3 establishments (Chapter 309) several times over the past 18 months. 4 5 At the April 10 meeting, staff brought forward a new draft with suggested amendments to Chapter 309. 6 The proposed amendment made numerous changes to Chapter 309. The staff report from the April 10 7 meeting described the changes in detail (Attachment A) 8 9 At the meeting, the City Council heard comments from representativesof massage therapy 10 establishments and members of the public about the proposed changes. After discussion, based on City 11 Council direction and final staff review, the following changes have been made: 12 13 309.01 Purpose and Findings – Section 309.01 (E) was modified to be consistent with other 14 parts of the code that do not require owners or operators of massage therapy establishments to 15 be licensed massage therapists. 16 309.02 Definitions – Under the MASSAGE THERAPY definition the word “rehabilitation” was 17 added as part of the reasons massage therapy services are received. 18 309.03 License Required, Exceptions – Added language that a person is exempt from obtaining 19 massage therapist license if they are under the direction of persons that are “professional 20 licensed by the Board of Medical Practice or the Minnesota Department of Health” to replace 21 language exempting persons working under the direct supervision of a “licensed doctor by this 22 state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, podiatry, 23 dentistry or a medical professional licensed under M.S. Chapters 147 and 148, as they may be 24 amended from time to time”. The change was made to make sure all medical providers are 25 provided for instead of listing out specific ones and potentially missing some medical 26 professions. 27 309.04 Granting, Denying, Suspending or Revoking of Massage Therapy Establishment 28 Licenses – Former Section 309.04 (H) Total Licenses was removed in its entirety. As a result 29 there will no longer be a cap on the amount of massage therapy establishment licenses issued by 30 the city. 31 309.06 Restrictions and Regulations for Massage Therapy Establishments and Massage 32 Therapist Licenses – 309.06 (B) was modified to require a person licensed under this Chapter to 33 produce a photo identification with name and address upon demand by a police officer. 34 309.06 Restrictions and Regulations for Massage Therapy Establishments and Massage Page 1 of 3