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invoke virulent public outcry on that basis. <br />This experience —along with costly court <br />challenges —discourages other cities from <br />taking similar steps to curb illegal drug <br />activity, and leaves most cities only able to <br />enforce an inadequate state law. <br />Most states immediately around Minnesota <br />define "drug paraphernalia" in a detailed <br />way based on a 1979 model federal law <br />designed to avoid constitutional issues. <br />Minnesota does not. Federal law and the law <br />of half the states immediately around <br />Minnesota explicitly ban sales of drug <br />paraphernalia, but Minnesota does not. The <br />current state of the law arguably makes drug <br />paraphernalia easier to obtain in Minnesota <br />than in the states immediately surrounding <br />it. <br />Response: The League of Minnesota <br />Cities supports strengthening the current <br />statutory prohibition on drug <br />paraphernalia, including improving the <br />statutory definition of "drug <br />paraphernalia" and explicitly prohibiting <br />sales. <br />SD-53. Regulation of Massage <br />Therapists <br />Issue: The state does not currently license <br />nor register massage therapists. Minn. Stat. <br />ch. 146A is the Complementary and <br />Alternative Health Care Practices Act which <br />identifies prohibited provider conduct and <br />authorizes the Minnesota Department of <br />Health to take disciplinary action against <br />noncompliant providers who are not <br />registered or licensed by a health -related <br />licensing board. The office has authority to <br />respond to allegations of prohibited behavior <br />through an investigatory process but this <br />function is triggered mainly by consumer <br />complaints and there is no requirement that <br />the office take any action. Additionally, <br />resources for these purposes have been <br />severely limited. <br />In absence of any required statewide <br />standards or regulation, several cities have <br />entered the traditional state domain of <br />health-care licensure by enacting ordinances <br />that require all massage therapists to obtain <br />a local professional license and many cities <br />have also required bricks and mortar <br />establishments to obtain a business license. <br />These ordinances help local law <br />enforcement officers to differentiate <br />between legitimate providers and businesses <br />engaged in sex trafficking and prostitution <br />as well as provide for health and sanitation <br />standards. <br />City staff and law enforcement have spent <br />much time and resources conducting <br />criminal background checks; investigating <br />massage therapist accreditation programs to <br />determine legitimacy and credibility; and <br />inspecting and monitoring establishments <br />due to citizen complaints and concerns. This <br />has resulted in different procedures, <br />requirements and fee structures across the <br />state. Additionally, despite the thorough <br />work of city staff and law enforcement, <br />when an illegitimate business suspects <br />investigation, it will often close down and <br />re -open in a different city. Without any sort <br />of statewide database of these businesses, <br />one city's solution may become another <br />city's problem. <br />Response: The League of Minnesota <br />Cities supports the statewide registration <br />or licensure of massage therapists that <br />would not pre-empt the ability of cities to <br />regulate massage therapy establishments. <br />The League also supports legislation <br />pertaining to the practice of massage <br />therapy that accomplishes the following: <br />League of Minnesota Cities <br />2018 City Policies Page 34 <br />