Licensure by Prior Experience: Understanding the “Grandfather Clause”

As Minnesota considers legislation to license massage therapists and Asian bodywork therapists statewide, one of the most important provisions is the option for Licensure by Prior Experience, also known as the “grandfather clause.” This pathway ensures that experienced practitioners are recognized for their professional work and are not required to return to school to meet new education requirements.

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Official Language in the Bill

The proposed legislation states:

Section 7, Subd. 5. Licensure by prior experience. (a) To be eligible for licensure by prior experience, an applicant must submit to the commissioner:

(1) the requirements for licensure in subdivision 1, with the exception of subdivision 1, paragraph (a), clauses (2) and (3); and

(2) proof of experience, as required by the commissioner, in the practice of massage therapy or Asian bodywork therapy for at least two of the previous five years immediately preceding the licensure application date.

All applicants for licensing by prior experience will have five years to license from the date of the bill enactment.

After the expiration of this clause all applicants for license in massage and Asian bodywork, will be required to be compliant with education requirements set forth in the bill.

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What This Means for Practitioners

This section creates a five-year window for current practitioners to apply for a license based on their professional experience rather than formal education. To qualify, applicants must demonstrate at least two years of practice within the last five years prior to applying.

After the five-year period closes, new applicants will be required to meet the bill’s educational requirements.

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Why It Matters

This clause is a vital part of the licensure bill because it:

• Protects experienced professionals who have built successful practices.

• Acknowledges real-world experience as a valid qualification.

• Ensures fairness during the transition to statewide regulation.

• Safeguards public trust by requiring proof of recent, relevant practice.
   

Next Steps

If the bill is enacted, practitioners should begin preparing documentation of their professional practice (such as client logs, tax records, business licenses, or employer verification). This will make the application process smoother and help ensure eligibility under the “grandfather clause.”

By including this pathway, Minnesota recognizes and values the dedication, skills, and expertise of current massage therapists and Asian bodywork therapists while setting the stage for a more consistent, professional, and trusted future for the field.

Clarifying HF362/SF1131: Respecting CAM Practitioners and Protecting Professional Boundaries

We want to address an important point of clarification regarding how this bill interacts with Minnesota’s existing Complementary and Alternative Health Care (CAM) law, Section 146A.01.

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There has been some concern and curiosity about whether this bill would impact or regulate other complementary and alternative health practices. We want to reassure everyone that it does not.

HF362/SF1131 is written specifically and solely to license massage therapy and Asian bodywork therapy. It does not include or regulate professions that are already recognized under the existing CAM law.

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This distinction is clearly stated in Section 6, Subdivision 2 of the bill:

Subd. 2. Complementary and alternative health care practitioner. (a) Nothing in sections 148.636 to 148.6373 shall be construed to prohibit, restrict, or regulate the practice of any individual who is engaged in providing complementary and alternative health care practices as defined in section 146A.01, subdivision 4, provided that the practitioner does not advertise or imply that the practitioner is licensed according to sections 148.636 to 148.6373 and the practices are not designated or implied to be massage therapy or Asian bodywork therapy.

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Our bill development group, built on more than 10 years of collaboration and dialogue, devoted considerable time to understanding and respecting the unique identities of various complementary and alternative health professions. We have worked thoughtfully with individuals and organizations representing these fields to ensure that their distinct scopes of practice are protected and that this bill focuses only on massage and Asian bodywork therapy.

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In short:

• HF362/SF1131 does not change or restrict the practice of professionals covered under CAM law.

• The bill applies only to those representing themselves as massage therapists or Asian bodywork therapists.

• Collaboration and respect for all related health professions have guided every step of this process.

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As we continue to advance this legislation, we remain committed to clarity, transparency, and unity across all complementary and therapeutic professions in Minnesota.

Thank you for your continued support and engagement in this important work. Together, we’re helping Minnesota take the next step forward for our profession — responsibly, respectfully, and collaboratively.

Understanding Sales Tax on Massage Therapy in Minnesota

As discussions around statewide licensure for massage and Asian bodywork therapy continue, many practitioners and clients have raised important questions about how sales tax applies to massage therapy services in Minnesota. This is a common area of confusion — especially when conversations about professional regulation, healthcare recognition, and taxation overlap. To help clarify the issue, here’s a closer look at what’s currently in place and how it connects (or doesn’t connect) to the proposed licensing legislation.

Minnesota's Sales Tax on Massage Services

The topic of sales tax on massage therapy, particularly in relation to licensing, has been a consistent point of discussion. This document aims to clarify key aspects of this issue.

Sales tax on massage services in Minnesota has been in effect since 1987. The Minnesota Department of Revenue is the governing body responsible for implementing and regulating this tax statute. This includes defining which types of massage are taxable and which are exempt. It's important to understand that licensing massage therapy and amending an existing tax statute are distinct processes. The Minnesota Department of Revenue currently defines massage as a taxable service.

Sales Tax Exemption for Massage Services

A massage service is exempt from sales tax if the client provides a referral from a licensed healthcare provider. In such cases, the client will not be charged the additional sales tax for that specific massage.

Further details can be found by referring to the provided link.

While sales tax and licensure are often mentioned in the same conversations, it’s important to recognize that they are separate issues governed by different agencies. Licensure focuses on establishing professional standards, ensuring public safety, and legitimizing massage therapy within the broader healthcare system. The sales tax on massage services, however, falls under the jurisdiction of the Minnesota Department of Revenue and has remained unchanged since 1987.

As the massage therapy profession continues to evolve and advocate for fair, consistent regulation, understanding these distinctions helps us all communicate more clearly — and ensures that practitioners and clients alike have accurate information moving forward.

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