HomeMy WebLinkAbout9A - Report on Massage Therapy Ordinance
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
NOVEMBER 16, 2009
9A
BILL O'ROURKE, CHIEF OF POLICE
CONSIDER APPROVAL OF A REPORT ON THE MASSAGE THERAPY
ORDINANCE
Introduction
The purpose of this report is to provide the City Council with information
regarding massage therapy.
Historv
At the August 3, 2009, City Council meeting Drs. Beth Westie and Rachel
Moore of Kes Chiropractic addressed the Council during the public forum.
They spoke of a massage therapist hired by another provider in the building
they share, that was unlicensed and who has been criminally charged with sex
crimes in another community. It was their belief that every employer should be
required to conduct a background investigation on every perspective massage
therapist and, even better, that all persons practicing message therapy in Prior
Lake should be licensed.
The Council directed that staff review applicable Minnesota Statutes and
Section 303 of the City Code relating to the issuance of licenses to persons
providing massage therapy. The Council also directed that the Community
Safety Advisory Committee review and make recommendations with respect to
this matter.
Current Circumstances
Minnesota Statute 471.709 states: "Notwithstanding any law to the contrary, a
municipality shall not require a massage therapist to obtain a license or permit
when the therapist is working for or an employee of a medical professional
licensed under chapter 147 or 148."
Section 303.1100 of the Prior Lake City Code is consistent with the above and
states, "The practice of massage therapy is hereby declared to be distinct from
the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or
podiatry. Persons duly licensed in this State to practice medicine, surgery,
osteopathy, chiropractic, physical therapy, or podiatry, or those who work
solely under the direction of any such persons and athletic directors or
trainers under contract to a school district, private college, or public university,
are hereby expressly excluded from the provisions of this Section."
The individual cited by Drs. Westie and Moore was working for a licensed
physical therapist and therefore not subject to any licensing requirement
by the City.
www.cityofpriorlake.com
11" ",PflP~ fJ&2.447.9800 / Fax 952.447.4245
As instructed by the City Council, this issue has been reviewed by the
Community Safety Advisory Committee (CSAC). This Committee has
developed a brochure with information about how to get a background
investigation on someone from the Bureau of Criminal Apprehension. The
brochure is already available at various locations around town and via the
City's website. It is the hope of the CSAC that more individuals, groups,
organizations, and businesses conduct background investigations prior to
hiring an individual for a position that affords them contact with those most
vulnerable.
ISSUES:
It must be noted that in the case of the individual referred to by Drs. Westie
and Moore, nothing would have shown up on the background check because
that individual has only been charged with and not convicted of any offenses to
date.
Moreover the City may not be more restrictive than State Statute and require
licensure in situations where the statute clearly prohibits such action.
In this case it is recommended the CSAC brochure on background checks be
provided to message therapist when their licenses renew with a short message
that the City and its CSAC recommend background checks for all persons
conducting such work.
We will communicate this information to Drs. Westie and Kes.
FINANCIAL
IMPACT:
Incrementally more copies of the brochure will be consumed which will entail
some additional City cost for copying.
ALTERNATIVES:
1) Adopt the recommendations of the staff and CSAC as outlined in this
report.
2) Take no action.
RECOMMENDED
MOTION:
Alternative 1.
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