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HomeMy WebLinkAboutResolution - 2019-113 - Denying Massage Therapist License to Jennifer Nguyen - 10/15/2019CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-113 RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER DENYING MASSAGE THERAPIST LICENSE TO JENNIFER NGUYEN WHEREAS, the City Council has been presented with proposed Findings of Fact, Conclusions of Law, and Order (attached hereto as Exhibit A) regarding an application submitted by Jennifer Nguyen for a Therapeutic Massage License; WHEREAS, the Findings of Fact, Conclusions of Law, and Orders, attached hereto as Exhibit A, support a recommendation for denial of the application; and NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Findings of Fact, Conclusions of Law, and Orders are hereby adopted and the Council hereby denies the issuance of a Massage Therapist License to Jennifer Nguyen. ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2019. Ronald A. Case, Mayor ATTEST: EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA MASSAGE THERAPIST LICENSE APPLICATION FOR JENNIFER THUY NGUYEN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FINDINGS OF FACT 1. Eden Prairie City Code ("City Code") Section 5.46, Subdivision 3.B requires a Massage Therapist License ("Therapist License") in order to practice, administer, or provide massage services to the public for consideration within the City. 2. City Code Section 5.46, Subdivision 6.A requires that applications for Therapist Licenses be made on forms provided by the City and that all information and questions be answered fully and completely by the applicant. 3. City Code Section 5.46, Subdivision 5.B.1 provides that no Therapist License shall be issued to a person who: f. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29; g. Does not provide to the City proof of current insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of massage; h. Does not provide to the City proof that he or she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full- time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City[.] 4. The City's Therapist License Application requires the applicant to attach proof of at least 600 hours of certified therapeutic massage training from an accredited institution approved by the City, including an original transcript showing dates of training and name and address of the training institute. 5. Jennifer Nguyen ("Nguyen") applied to the City of Eden Prairie for a Massage Therapist License. 6. The Police Department received Nguyen's Therapist License application and conducted an investigation to verify the information on the applications pursuant to City Code Section 5.46, Subdivision 6.G. 7. Nguyen applied to the City of Eden Prairie for a Massage Therapist License to work at Tigercave Massage & Foot Spa. 8. Nguyen failed to provide proof of employment at or affiliation with Tigercave Massage & Foot Spa. 9. With her Therapist License Application, Nguyen provided a certificate of completion from Academy of Health & Beauty, Inc. indicating that she completed "600 hours of the training in Massage Therapy." Nguy en failed to provide an original transcript from Academy of Health & Beauty, Inc. showing dates of training. Nguyen also failed to prove that she has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. 10. From the information submitted and its investigation the police department could not verify accrediting information for Academy of Health & Beauty, Inc. The City, however, determined that Academy of Health & Beauty, Inc. was not a school but instead a licensed massage establishment in Florida. 11. Nguyen failed to provide a Certificate of Insurance showing coverage for professional liability in practice of massage. 12. The Chief of Police recommends denial of the Massage Therapist License to Jennifer Nguyen due to: (a) Nguyen's lack of affiliation with, employment by, or ownership of a therapeutic massage enterprise licensed by the City or a salon licensed by the state; (b) Nguyen's failure to provide proof that she has completed 600 hours of certified therapeutic massage training from a bona fide school that has been approved by the City or proof that she has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City; and (c) Nguyen's lack of current insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. CONCLUSIONS OF LAW 1. City Code Section 5.46, Subdivision 5.B.1.f prohibits issuance of a Therapist License to Nguyen because she is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a salon licensed by the state pursuant to Minnesota State Statute 155A.29. 2. City Code Section 5.46, Subdivision 5.B.1.g prohibits issuance of a Therapist License to Nguyen because she does not provide to the City proof of current insurance coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. 3. City Code Section 5.46, Subdivision 6.B.1.h prohibits issuance of a Therapist License to Nguy en because she has failed to provide proof that she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, the City Council hereby orders that: 1. The application for a Massage Therapist License filed by Jennifer Nguyen is hereby denied. ADOPTED BY THE CITY COUNCIL this 15th day of October, 2019. Ronald A. Case, Mayor ATTEST: