AMTA Legislative Briefing

February 2007

Arizona

House Bill 2115 was introduced on January 9, 2007 by Representatives Stump, Murphy, Allen, Mason and Rios.  The bill amends Arizona revised statutes relating to disciplinary action and continuing education requirements for professions including massage therapy.  The House Committee on Health recommended passage of HB 2115 on January 16, 2007.The full House adopted an amendment to HB 2115 on January 24, 2007.HB 2115 passed the House and was sent to the Senate on January 30, 2007.  Last action taken: HB 2115 was engrossed in the House on February 1, 2007.

Arkansas

Senate Bill 51 was introduced on January 11, 2007 by the Joint Budget Committee.  The bill makes an appropriation for personal services and operating expenses for the Arkansas State Board of Massage Therapy for the biennial period ending June 30, 2009.  SB 51 was referred to the Joint Budget Committee on January 11, 2007.  SB 51 passed the Senate and House on February 8, 2007.  Last action taken: SB 51 was delivered to the Governor on February 12, 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.  Last action taken: SB 731 was referred to the Senate Committee on Rules for assignment on February 23, 2007.

Colorado

Senate Bill 193 is an act concerning medical payment coverage in connection with an automobile insurance policy issued in Colorado.  The bill requires medical payment coverage of at least twenty-five thousand dollars per person in any one accident for the payment of all medically necessary and accident-related health care expenses.  Payment shall be made to a first responder, licensed or certified hospital, licensed health care provider, mental health care provider, speech therapist or massage therapist.  SB 193 was introduced on February 16, 2007.  Last action taken: The Senate Committee on Local Government amended SB 193 and referred the bill to the Appropriations Committee on February 22, 2007.

Illinois

House Bill 2620 was introduced by Representatives Madigan, Saviano, and Flynn-Currie on February 26, 2007.  HB 2620 amends the massage licensing act.  The bill makes a technical change in the section concerning the short title.  Last action taken: HB 2620 was referred to the House Rules Committee on February 26, 2007.

House Bill 3685 was filed on February 27, 2007 by Representative Coulson.  HB 3685 amends the massage licensing act.  The bill makes a technical change in a section concerning the short title. 

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.  Last action taken: Sen. Miller’s amendment to SB 320 passed the Senate on February 26, 2007.  To view the amendment, please visit http://www.in.gov/legislative/bills/2007/SAMP/MO032003.001.html

Iowa

House File 401 was introduced on February 15, 2007 by the House Committee on Human Resources.  HF 401 renames health-related examining boards, including the board of massage therapy examiners, as licensing boards.  Last action taken: SF 74 was substituted for HF 401 on February 21, 2007.

Georgia

The Georgia Board of Massage Therapy is currently accepting applications for licensure.  Applications as well as proposed rule notices are available on the Georgia Board of Massage Therapy website at http://www.sos.state.ga.us/plb/massage/

Maryland

House Bill 448 was introduced by Delegates Gilchrist, Hixson, Ivey, and Kaiser on February 5, 2007.  HB 448 alters the definition of “taxable services” under the sales and use tax to impose the tax on certain services, including massage services.  Last action taken: HB 448 was referred to the House Ways and Means Committee on February 5, 2007.

House Bill 735 was introduced on February 8, 2007 to create the Maryland State Board of Massage Therapy Examiners.  To view the bill, please visit http://mlis.state.md.us/2007RS/bills/hb/hb0735f.pdf.  HB 735 was assigned to the House Health and Government Operations Committee on February 8, 2007.  The House Health and Government Operations Committee scheduled a hearing on HB 735 for February 21, 2007. Last action taken: A fiscal note for HB 735 was introduced on February 19, 2007.

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.   

Minnesota

House Bill 1237 was introduced on February 22, 2007.  HB 1237 provides sexual assault counselor testimonial confidentiality; eliminates mistake of age defense for certain sexual assault offenders; and, enhances penalties for nonconsensual sexual offenses committed by massage or bodywork professionals.  The Senate companion bill, SB 1144, was also introduced on February 22, 2007.  Last action taken: HB 1237 was referred to the House Committee on Public Safety and Civil Justice on February 22, 2007.

Mississippi

House Bill 923 was introduced by Representative Wells-Smith on January 12, 2007.  The bill provides that the state board of massage therapy may approve and accept a state accredited examination as evidence of competency for the purpose of licensure as a massage therapist.  HB 923 was referred to the Committee on Public Health and Human Services on January 12, 2007.  The Committee on Public Health and Human Services recommended passage of HB 923 on January 30, 2007.  Last action taken: HB 923 passed and was engrossed in the House on February 6, 2007.

Senate Bill 3157 was introduced on February 12, 2007 by Senators Gordon, Little, Gollott, Kirby, Moffatt and Thames.  SB 3157 makes an appropriation of special funds for the purposes of defraying the expenses of the Mississippi State Board of Massage Therapy for fiscal year 2008.  SB 3517 was referred to the Senate Appropriations Committee on February 12, 2007.  Last action taken: SB 3517 was engrossed on February 16, 2007.

SN 71 was introduced on February 23, 2007.  SN 71 appoints Connie Shanks-Knight of Laurel, Mississippi to the Mississippi State Board of Massage Therapy for a four-year term ending June 30, 2009.

SN 76 was introduced on February 23, 2007.  SN 76 appoints Mary Lynn Cox of Madison, Mississippi to the Mississippi State Board of Massage Therapy for a four-year term ending June 30, 2009.

SN 83 was introduced on February 27, 2007.  SN 83 appoints Gloria Jean Waldrip of Guntown, Mississippi to the Mississippi State Board of Massage Therapy for a four-year term ending June 30, 2008.

New Hampshire

House Bill 908 was introduced on January 31, 2007 by Representative Baroody.  HB 908 establishes the board of massage therapists for the licensure and regulation of persons engaged in the practice of massage therapy, and the registration of somatic and bodywork practitioners. This bill also repeals the current licensure and regulation of massage therapists under RSA 328-B and establishes transition provisions.  Last action taken: HB 908 was referred to the House Committee on Executive Departments and Administration.  A hearing on HB 908 has been scheduled for March 20, 2007 at 9:30 a.m.

New Jersey

Senate Bill 2536 was introduced on February 8, 2007 by Senator Gill.  SB 2536 revises the laws for the regulation of massage, bodywork and somatic therapists.  The bill provides for the licensure of massage, bodywork and somatic therapists.  Last action taken: SB 2536 was referred to the Senate Commerce Committee on February 8, 2007.

New Mexico

House Bill 847 was introduced by Representative Miera on February 2, 2007.  HB 847 exempts practitioners of certain healing modalities from the massage therapy practice act.  To view the bill, please visit http://legis.state.nm.us/Sessions/07%20Regular/bills/house/HB0847.pdf.  HB 847 was referred to the House Health and Government Affairs Committee on February 2, 2007.  A fiscal impact report was submitted for HB 847 on February 9, 2007.  Last action taken: The House Health and Government Affairs Committee passed HB 847 on February 20, 2007.  The bill was referred to the Business and Industry Committee.

New York

Senate Bill 2749 was introduced by Senators Stachowski, Diaz, Duane, Hassell-Thompson, Onorato, Savino and Thompson on February 12, 2007.  SB 2749 prohibits limitations in health insurance contracts or policies with respect to massage therapy performed by a licensed massage therapist.  Last action taken: SB 2749 was referred to the Senate Committee on Insurance on February 12, 2007.

Senate Bill 2750 was introduced by Senators Stachowski, Diaz, Duane, Hassell-Thompson and Savino on February 12, 2007.  SB 2750 amends the insurance law, the workers’ compensation laws, and the volunteer firefighters’ benefit law, in relation to prohibiting certain limitations or exclusions regarding massage therapy.  The purpose of the bill is to provide for the coverage of massage therapy services in health insurance policies and to ensure that massage therapy services are available for the treatment of injured workers who make claim for such services through the workers’ compensation system.  Last action taken: SB 2750 was referred to the Senate Committee on Insurance on February 12, 2007.

Oklahoma

Senate Bill 1035, the Oklahoma Massage Therapy Practice Act, was pre-filed on January 19, 2007 by Senator Paddack.  The bill was formally introduced on February 5, 2007.  To view SB 1035, please visit the AMTA-Oklahoma Chapter website http://www.amtaok.org/legislation.htmLast action taken: SB 1035 was referred to the Senate Business and Labor Committee on February 8, 2007.

South Dakota

Senate Bill 70 was introduced on January 11, 2007 by Senators Grant, Garnos, and Napoli along with Representatives Weems, Peters, and Wick.  SB 70 is an act to repeal the regulation of massage therapy.  SB 70 was referred to the Senate Health and Human Services Committee on January 11, 2007.  A hearing was held on January 19, 2007 by the Senate Health and Human Services Committee.  The Senate Health and Human Services Committee amended SB 70 and passed the amended version on January 24, 2007.  The Senate passed SB 70 as amended by vote of 25 YEAS to 10 NAYS.  SB 70 was read in the House and referred to House Commerce Committee on January 30, 2007.  The House Commerce Committee amended and engrossed SB 70 on February 14, 2007.  The House passed the amended version of SB 70 on February 21, 2007.  Last action taken: The Senate concurred with the House amendments and passed SB 70 on February 23, 2007. 

Tennessee

House Bill 543 was introduced on February 8, 2007 by Representatives Kernell, Cooper, and Rowe.  HB 543 amends TCA Title 4, Chapter 29 and Title 63, Chapter 18 relating to sunset law for the Massage Licensure Board, June 30, 2011.  Last action taken: The fiscal note for HB 543 was filed on February 8, 2007.  Senate Bill 972, the companion bill to HB 543, was introduced by Senator Harper on February 8, 2007.

Texas

House Bill 1883 was introduced on February 23, 2007 by Representative Anchia.  HB 1883 relates to licensing and regulation of massage and bodywork therapies; increases the education requirement to a minimum of 500 hours; and, provides penalties for non-compliance.  Last action taken: HB 1883 was referred to the House Government Reform Committee on February 27, 2007.

Utah

House Bill 419 was introduced on February 8, 2007 by Representative Clark.  HB 419 modifies the Cosmetologist/Barber, Esthetician, Electrologist and Nail Technician Licensing Act to provide a stand-alone barbering license.  The bill also removes the 200-hour training requirement in lymphatic massage for a master esthetician.  HB 419 was referred to the House Business and Labor Committee and a fiscal note was prepared on February 12, 2007.  Last action taken: The House Business and Labor Committee amended and reported a favorable recommendation of HB 419 on February 13, 2007.

Washington

House Bill 1397 was introduced by Representatives Campbell, Kenney, Curtis, Cody and Upthegrove on January 18, 2007.  HB 1397 revises the definition of massage therapy to include manipulation or pressure inside the mouth or oral cavity.  HB 1397 was read for the first time and referred to the House Committee on Health Care & Wellness on January 18, 2007.  The Washington State House of Representatives Office of Program Research prepared a bill analysis of HB 1397 for the Health Care & Wellness Committee on February 13, 2007.  Last action taken: HB 1397 was amended and substituted on February 15, 2007.  To view the bill, please visit http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Bills/1397-S.pdf.

Senate Bill 5597 concerning contracts with chiropractors was introduced on January 25, 2007.  SB 5597 was referred to the Senate Committee on Health and Long Term Care on January 25, 2007.  The Washington State Health Care Authority (HCA) released a fiscal note on February 20, 2007.  According to HCA, SB 5597 directs contractors to pay for any services provided by chiropractors’ employees. This expands the number of people who can provide services to PEBB and BH, and is expected to increase utilization. HCA assumes contracting with a chiropractor for chiropractic services may now be expanded to include delegated services. HCA believes the delegation of services could include such services as dieticians and massage therapists.  The Senate Committee on Health and Long Term Care offered a substitute for SB 5597 and passed the substitute on February 23, 2007.  SB 5597 was referred to the Ways and Means Committee on February 23, 2007.  Last action taken: A hearing on SB 5597 was scheduled for February 28, 2007 in the Senate Ways and Means Committee. 

Senate Bill 6118 was introduced on February 23, 2007 by Senators Fairly and Regala.  SB 6118 provides for the registration of complementary and alternative health care practitioners.  "Complementary and alternative health care" means healing methods and treatments including, but not limited to: (a) Acupressure; (b) anthroposophy; (c) aromatherapy; (d) ayurveda; (e) culturally traditional healing practices; (f) detoxification practices and therapies; (g) energetic healing; (h) polarity therapy; (i) folk practices; (j) healing practices utilizing heat, cold, water, touch, and light; (k) colostrum therapy; (l) healing touch; (m) herbology or herbalism; (n) homeopathy; (o) nondiagnostic iridology; (p) meditation; and (q) traditional Oriental practices, as Qigong energy healing.  Last action taken: SB 6118 was referred to the Health and Long-Term Care Committee on February 23, 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