House File 362 is attempting to require statewide licensing for all massage therapists and Asian bodywork therapists. The bill will be heard on Monday, February 23, 2026, at 1 p.m. in Capitol 120. Come to the hearing and testify or Take Action Here to oppose HF362 and write to the Committee members and your own Representative.

Minnesota already requires massage therapists and bodywork therapists to comply with the well-known Minnesota Statute, MN146A, which acts as a consumer protection law and a safe harbor practitioner exemption law for massage therapy and body work and numerous other unlicensed complementary and alternative healthcare practitioners MN146A already addresses the landscape contemplated by unnecessary licensing bills. 

The benefit of MN146A, passed in the year 2000, is that as long as practitioners are practicing according to the state safe harbor parameters of avoiding prohibited acts and giving out their Client disclosure and Bill of Rights, all of them practicing in the public domain can follow their vocations as they see fit and provide safe services to consumers who want them. Licensing only creates a monopoly for a certain select group that have attended certain schools and shuts out other practitioners who may have learned cultural, traditional, indigenous, or other forms of massage and bodywork not taught in conventional schools.

According to MN Statute 214, which spells out the criteria necessary for the state to use its constitutional police power to regulate an occupation, the state must first consider a number of factors.   Two of these factors are:

“(1) whether the unregulated practice of an occupation may harm or endanger the health, safety, and welfare of citizens of the state and whether the potential for harm is recognizable and not remote; …

(3) whether the citizens of this state are or may be effectively protected by other means;”

Massage and bodywork are considered gentle non-invasive nurturing practices. There is no constitutional basis to license massage therapists or bodyworkers in Minnesota or establish exclusive titles for these practitioners. Currently all unlicensed massage therapists and bodywork therapists in Minnesota practice under MN146A and must fill out their client bill of rights and avoid the 25 areas of prohibited acts listed in MN146A. In addition, they must comply with city ordinances if there are any.

Some are concerned that unlicensed massage therapists are a risk for inappropriate touching. The current law of MN 146A does not allow inappropriate touching and disciplinary actions may be taken if they do such acts. One of the points of prohibited conduct in the current law addressing this issue directly is as follows:

“(e) Engaging in sexual contact with a complementary and alternative health care client [massage and bodywork are within the definition of complementary and alternative health care services], engaging in contact that may be reasonably interpreted by a client as sexual, engaging in any verbal behavior that is seductive or sexually demeaning to the client, or engaging in sexual exploitation of a client or former client….”

The true effect of HF362 would be to act as a chilling effect on the ability of the consumer to freely access the practitioner of their choice as well as to create a monopoly for the special interest groups who seek to license. Licensing allows for higher fees for the chosen few as well as funding going to certain schools, testing, and accreditation, but the loss of jobs for those who do not fit into the narrow confines of the licensing requirements.