AMTA Legislative Briefing

August 2007

California

Senate Bill 731 was introduced by Senator Oropeza on February 23, 2007. SB 731 would, commencing July 1, 2008, provide for the certification of massage practitioners and massage therapists by the Massage Therapy Organization, which would be a nonprofit organization that meets specified requirements, and would impose certain duties on the organization. The bill would require applicants for certification as massage practitioners or massage therapists to be 18 years of age or older, to meet specified educational criteria, to provide to the organization and update certain information, to provide fingerprints for submission to the Department of Justice for a criminal background check, and to pay fees required by the organization. SB 731 was referred to the Senate Committee on Rules for assignment on February 23, 2007. On March 21, 2007, a hearing on SB 731 was scheduled in the Senate Business, Professions and Economic Development Committee for April 9, 2007. SB 731 was amended in the Senate and re-referred to the Senate Business, Professions and Economic Development Committee on April 16, 2007. SB 731 was amended and re-referred to the Senate Committee on Business, Professions and Economic Development on April 19, 2007. SB 731 was amended and re-referred to the Committee on Public Safety on April 26, 2007. SB 731 was amended and substituted on May 8, 2007. The Committee on Appropriations recommended SB 731 be placed on second reading on May 15, 2007. SB 731 was read for a second time and placed on third reading on May 16, 2007. SB 731 was read for the third time and passed the Senate on May 31, 2007. SB 731 was referred to the Assembly Business and Professions Committee on June 7, 2007. A hearing on SB 731 has been scheduled for July 3, 2007. SB 731 was amended on June 25, 2007. SB 731 was heard in the Assembly Business and Professions Committee and was passed out of Committee on July 3, 2007. SB 731 was amended in Assembly on July 9, 2007. To view the amended bill, please visit http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0701-0750/sb_731_bill_20070709_amended_asm_v93.pdf. The Assembly Committee on Appropriations issued a report on SB 731 on July 17, 2007. Last action taken: A hearing on SB 731 was scheduled for August 29, 2007 in the Assembly Appropriations Committee.

Indiana

Senator Miller introduced SB 320 on January 11, 2007. SB 320 establishes the state board of massage therapy to certify massage therapists. The bill specifies certification requirements and establishes guidelines for the certification by endorsement of a massage therapist who holds a certification or license in another state or country. SB 320 also establishes penalties for the unauthorized use of the title massage therapist. SB 320 was referred to the Senate Committee on Health and Provider Services on January 11, 2007. Senator Delph was added as a co-author of SB 320 on January 23, 2007. A hearing on SB 320 was scheduled for February 21, 2007 in the Senate Health and Provider Services Committee. The Senate Health and Provider Services Committee amended and recommended passage of SB 320 on February 21, 2007. Senator Errington was added as co-author on February 22, 2007. Sen. Miller’s amendment to SB 320 passed the Senate on February 26, 2007. A fiscal impact statement was prepared for SB 320 on February 27, 2007. SB 320 was referred to the House Committee on Public Health. A hearing was scheduled for March 26, 2007. The House Committee on Public Health amended and recommended passage of SB 320 on March 29, 2007. SB 320 was amended and on its second reading in the House on April 2, 2007. SB 320 was on its third reading and passed the House on April 3, 2007. SB 320 was engrossed in the House on April 3, 2007. A fiscal note was issued on April 3, 2007. The House returned SB 320 to the Senate for Conference Committee deliberations on April 4, 2007. The House and Senate appointed members to the Conference Committee. The Conference Committee report on SB 320 was adopted in the House and Senate on April 28, 2007. SB 320 was signed by the Speaker of the House on April 29, 2007. SB 320 was signed by the Senate President on April 30, 2007 and sent to the Governor. Last action taken: Governor Daniels signed SB 320 into law on May 9, 2007. For more information on the law, please visit http://www.in.gov/pla/bandc/massage/index.html.

Massachusetts

Senate Bill 2258 passed both chambers in the General Court of the Commonwealth of Massachusetts on June 29, 2006 to become Chapter 135 of the Acts of 2006. For updates on the law, please visit the Massachusetts Board of Registration of Massage Therapy website at http://www.mass.gov/dpl/boards/mt/index.htm.

New Jersey

Assembly Bill 4455 was introduced on June 21, 2007 by Assemblymen Caraballo, Biondi and Prieto to provide for licensure of massage and bodywork therapists and registration of the employers. To view the bill, please visit http://www.amtanj.org/archive/Bill%20A%204455.pdf.

New York

Assembly Bill 7959 was introduced by Assemblyman Cahill. A7959 amends the education law, in relation to the abolition of citizenship requirements for licensure in certain professions, including massage therapy. A7959 was referred to the Committee on Higher Education on May 2, 2007. A committee report was issued on A7959 on May 4, 2007. A7959 was referred to the Rules Committee on June 12, 2007. A7959 passed the Assembly on June 18, 2007 and was delivered to the Senate. Last action taken: A7959 was referred to the Senate Rules Committee on June 18, 2007.

North Carolina

Senate Bill 1314 was introduced on March 26, 2007 by Senator Cowell. SB 1314 amends the laws under the North Carolina massage and bodywork therapy practice act to expand the existing laws regulating massage and bodywork therapy schools; to authorize the board to establish fees for licensing massage and bodywork therapy schools; to allow the department of justice to conduct criminal history record checks from state and national repositories of criminal history of applicants for licensure to practice massage and bodywork therapy; and to amend the existing laws regarding adult entertainment. SB 1314 was referred to the Senate Commerce, Small Business, and Entrepreneurship Committee on March 26, 2007. SB 1314 was withdrawn from the Commerce, Small Business, and Entrepreneurship Committee on April 26, 2007. SB 1314 was re-referred to the Committee on Health Care on April 26, 2007. SB 1314 was substituted and voted favorably out of the Senate Health Care Committee on July 11, 2007. SB 1314 was re-referred to the Senate Finance Committee on July 11, 2007. A fiscal note was issued on SB 1314 on July 17, 2007. The Senate Finance Committee substitute to SB 1314 was reported favorably out of committee on July 26, 2007. To view the Committee Substitute, please visit http://www.ncga.state.nc.us/Sessions/2007/Bills/Senate/HTML/S1314v3.html. SB 1314 passed the Senate on July 27, 2007 and was referred to the House. SB 1314 passed its first reading in the House on July 27, 2007. Last action taken: SB 1314 was referred to the House Committee on Finance on July 27, 2007.

Oregon

Senator Johnson introduced Senate Bill 399 on January 15, 2007 at the request of the Reflexology Association of Oregon. SB 399 exempts the practice of reflexology from regulation by the state board of massage therapy. SB 399 was read and referred to the President’s desk on January 15, 2007. SB 399 was referred to the Health and Human Services Committee on January 17, 2007. SB 399 passed the Senate on March 26, 2007 and was referred to the House. SB 399 passed the House on May 21, 2007. SB 399 was signed by the Senate President on May 30, 2007 and signed by the House Speaker on June 4, 2007. Last action taken: The Governor signed SB 399 into law on June 11, 2007. The law takes effect on January 1, 2008.

Texas

House Bill 2644 was introduced on March 6, 2007 by Representative Rose. HB 2644 relates to the requirements for a massage therapist license. The bill increases the education requirement to a minimum of 500 hours in a supervised course of instruction provided by a massage therapy instructor at massage school, licensed massage school, a state-approved educational institution, or any combination of instructors or schools. HB 2644 was referred to the House Public Health Committee on March 13, 2007. A fiscal note was issued on April 9, 2007 which shows no significant fiscal implication to the state to be anticipated with enactment of HB 2644. A public hearing was scheduled for April 11, 2007 in the House Public Health Committee. HB 2644 was left pending in the Public Health Committee on April 11, 2007. HB 2644 was reported favorably without amendments out of the Public Health Committee on April 19, 2007. The Public Health Committee report on HB 2644 was printed and distributed on April 28, 2007. HB 2644 passed the House on May 11, 2007. HB 2644 was engrossed on May 13, 2007 and received in the Senate on May 14, 2007. HB 2644 was amended and passed the Senate on May 22, 2007. HB 2644 was signed in the House and Senate on May 28, 2007. To view the enrolled bill, please visit http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/HB02644F.pdf. Last action taken: HB 2644 was signed into law by Governor Perry on June 15, 2007. The law takes effect on September 1, 2007.

If you are interested in getting involved with your AMTA State Chapter or would like more information on legislative and regulatory activities in your area, please contact Amy K. Owens, Government Relations Program Manager at the AMTA National Office. Toll free (877) 905-2700 or e-mail aowens@amtamassage.org.