§ 5404. Exemptions
(a) The following shall not require a registration under this chapter:
(1) the practice of massage or the practice of bodywork by a student as part of a professional massage or bodywork education program;
(2) the practice of massage or the practice of bodywork by an apprentice as part of a massage or bodywork apprenticeship; or
(3) the practice of massage or the practice of bodywork provided to clients in a manner in which the clients do not have a reasonable expectation of privacy.
(b) The provisions of this chapter requiring individuals to be registered shall not apply to individuals who engage in or offer the practice of massage or the practice of bodywork in the course of their customary duties as physicians, podiatrists, physician assistants, nurses, including advanced practice registered nurses, osteopaths, acupuncturists, athletic trainers, barbers, cosmetologists, estheticians, electrologists, chiropractors, midwives, naturopathic physicians, occupational therapists, physical therapists, or respiratory care practitioners.
(c) Nothing in this chapter shall prohibit a massage therapist, bodyworker, or touch professional from engaging in or offering the practice of massage or the practice of bodywork at a location that is not a registered establishment if:
(1) the massage therapist and the client agree in advance that the location is acceptable; and
(2) the location is not an establishment as defined in subdivision 5401(2) of this title.
(d) Establishment registration is not required for a location where the practice of massage or the practice of bodywork is provided solely by:
(1) persons exempt from registration; or
(2) a single massage therapist, bodyworker, or touch professional. (Added 2019, No. 178 (Adj. Sess.), § 29, eff. April 1, 2021; amended 2025, No. 119 (Adj. Sess.), § 18, eff. Dec. 1, 2026.)