AMTA Government Relations Committee
Legislative Briefing

February 2006

Alabama

Representative Jackson introduced two bills, House Bill 584 and 585, on February 7, 2006 to amend the Alabama Massage Therapy Licensure Act.  HB 584 amends existing law by deleting certain licensure requirements.  These include the removal of temporary permits, the U. S. citizenship requirement, Senate confirmation of State Massage Therapy Board members, and the requirement that massage therapy schools be accredited by State Department of Education.  The bill was referred to the House Committee on Health.  HB 585 allows the Alabama Board of Massage Therapy to assess and collect certain fees.  Last action taken: HB 585 was referred on February 7, 2006 to the House Committee on Health. 

Senate Bill 474 was introduced by Senator Little on February 23, 2006.  Under existing law, the Alabama Massage Therapy Licensure Act governs the practice of massage therapy in the state. SB 474 would delete several existing requirements under existing law.  It would remove the requirement that a massage therapy school be accredited by the State Department of Education. The bill would delete any reference to a temporary permit to practice massage therapy.  It would also delete the requirement that appointees to the Alabama Board of Massage Therapy be confirmed by the Senate. It would change the name of the executive secretary to executive director and it would remove the requirements that the oath of office of board members be filed with the Governor. The bill would remove the requirement that an applicant for licensure be a United States citizen. SB 474 would also further provide for the imposition of fines against persons or establishments governed by the Alabama Massage Therapy Licensure Act.  Last action taken: SB 474 was read for the first time and referred to the Senate Committee on Governmental Affairs on February 23, 2006.

Senate Bill 475, also introduced by Senator Little, would authorize the Alabama Board of Massage Therapy to assess and collect certain fees.  Last action taken: SB 475 was read for the first time on February 23, 2006 and referred to the Senate Committee on Governmental Affairs.

Colorado

House Bill 1170 defines alternative health care provider and prohibits certain acts, to include performing massage therapy, by an alternative health care provider.  Last action taken: the bill was amended on February 13, 2006 and referred to the House Committee on Health and Human Services and Appropriations. 

Indiana

HB 1098 to regulate mass age therapy and create a state board of massage therapy passed the full House (Roll Call Vote: Yeas 82, Nays 12) on February 1, 2006.  The bill was referred to the Senate and Senators Landske, Rogers, and Alting were added as Senate co-sponsors.  Last action taken: the bill was referred to the Senate Committee on Health and Provider Services on February 7, 2006.  A hearing to consider HB 1098 was held on February 22, 2006.  No votes were taken on the bill. 

Kentucky

Senate Bill 91, a clean up bill to amend the Massage Therapy Practice Act, was placed on the Senate calendar for passage on February 9, 2006.  The bill passed the Senate 37-0 with a floor amendment added.  The amendment, offered by Sen. Denton, restores language relating to the definition for practice of massage therapy; deletes the board's subpoena power and restores authority to institute criminal proceedings to Commonwealth's attorneys and county attorneys; limits fines to $500 or less; and, revises new section of KRS 309.350 to 309.364 to delete prior penalty provisions and make violation a Class B misdemeanor. The amended legislation was sent to the House on February 10, 2006.  Last action taken: The bill was referred to the House Committee on Licensing and Occupations on February 13, 2006 for consideration.  SB 91 was posted in Committee on February 22, 2006.  

Maryland

House Bill 1062 was introduced by Delegate Hubbard on February 9, 2006.  The bill creates the State Board of Massage Therapy Examiners within the Department of Health and Mental Hygiene.  This bill would transfer regulatory control and oversight from the State Board of Chiropractic Examiners, which currently regulates massage therapists, to the newly created State Board of Massage Therapy Examiners.  Last action taken: HB 1062 was read and referred to the House Committee on Health and Government Operations.  A hearing has been scheduled for March 1, 2006.

Mississippi

Senate Bill 3049, an appropriations bill for the State Board of Massage Therapy, was introduced February 14, 2006 by Senator(s) Gordon, Little, Gollott, Kirby, Moffatt, and Thames.  The bill was referred to the Senate Appropriations Committee on February 14, 2006.  Last action taken: The measure passed the full Senate on February 17, 2006.  It was referred to the House Appropriations Committee on February 21, 2006.

Missouri

House Bill 1658 was introduced by Rep. Bob Behnen on February 2, 2006. This bill changes the laws regarding massage therapy as follows: (1) authorizes the Board of Therapeutic Massage to promulgate rules establishing requirements for granting licenses for applicants from other states who have completed massage therapy programs which are less than 500 hours;(2) prohibits massage therapy businesses from employing an unlicensed person for the purpose of performing massage therapy services;(3) requires that copies of all board survey inspections of massage businesses be sent to the business within 30 days of the inspection;(4) allows the board to waive or extend the time requirements for completion of continuing education requirements under certain circumstances as determined by the board; (5)  exempts nonresident licensed massage therapists from licensure if they are providing services or instruction in conjunction with disaster relief or at special events; and, (6) allows the board to contract for legal services.  Last action taken: HB 1658 was referred to the House Professional Registration & Licensing Committee on February 16, 2006.  No hearing has been scheduled yet. 

Oklahoma

Senate Bill 1851 was introduced February 6, 2006 by Senator Bass to create the Oklahoma Massage Therapy Practice Act and State Board of Massage Therapy.  SB 1851 establishes requirements for licensure which include minimum 500 classroom hours and successful completion of the NCETMB.  The bill includes the following exemption language: “Persons who use procedures within the scope of practice of their profession, which has established standards and ethics, provided that their services use touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement while engaged, but who are not designated or implied to administer massage or to be massage therapists.  These practices include, but are not limited to, the Feldenkrais Method, polarity therapy, and the Trager Approach.”  Last action taken: The bill was referred to the Senate Business and Labor Committee on February 7, 2006.  The bill was pulled for consideration.  No further action likely.

Tennessee

HB 2561 was introduced on February 7, 2006 by Rep. Shepard.  The bill amends the Tennessee Code Annotated Title 63, Chapter 18, relative to massage therapy.  HB 2561 revises standards for persons whose experience qualifies them for a massage therapist license without meeting current licensure requirements.  The bill would allow the state board to restrict or condition applications for licensure or otherwise discipline the license of a massage therapist or establishment for a violation.  It also allows licensure of an applicant who has been certified by NCBTMB for the five-year period preceding the application for licensure and who can submit documentation of engaging in the practice of massage therapy in another state during that five-year period, where: such person has met licensure qualifications, but is unable to produce a transcript because the educational institution was not state-approved or is no longer in existence; or where graduation from a qualified massage school or course occurred prior to October 1, 1995.  A Senate companion bill (SB 2736) was introduced on February 13, 2006 by Sen. Kyle.  The House bill was placed on the Subcommittee calendar of the House Professional Occupations of Health & Human Resources Committee for consideration on February 22, 2006.  Last action taken:  Consideration of HB 2561 by the House Subcommittee on Professional Occupations was postponed until March 8, 2006.

West Virginia

House Bill 4279 was introduced January 30, 2006 to amend and reenact the Massage Therapy Practice Act.  The legislation introduces a grandfathering provision effective immediately upon enactment to discontinue waiver requirements for licensure and require practitioners who were formerly licensed by waiver to meet current requirements in order to practice.  HB 4279 was referred to the Committee on Government Organization on January 30, 2006.  Last action taken: HB 4279 was on second reading and placed on Special Calendar for February 28, 2006.

House Bill 4849 was introduced on February 24, 2006.  HB 4849 amends and reenacts sections of the Code of West Virginia, all relating to the West Virginia sunset law.  HB 4849 terminates certain agencies following full performance evaluations; terminates certain agencies previously subject to full performance evaluations following compliance monitoring and further inquiry updates; and terminates boards created to regulate professions and occupations.  The West Virginia Massage Therapy Licensure Board would terminate on July 1, 2015.  Last action taken: HB 4849 was on second reading and placed on Special Calendar for February 28, 2006.

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. Young, Government Relations Program Manager at the AMTA National Office.  Toll free (877) 905-2700 or e-mail ayoung@amtamassage.org.