AMTA Legislative Briefing

February 2008

Arizona

Senate Bill 1006 was introduced January 14, 2008 by Senator Waring and referred to the Senate Government Committee.  SB 1006 relates to professional licensure and will require 25 hours of continuing education for massage therapy licensure every 2 years.  The Government Committee amended, recommended passage and referred SB 1006 to the Senate Rules Committee on January 14, 2008.  After amendment and passage from the Rules Committee, SB 1006 passed second reading on January 15, 2008.  After further amendment, SB 1006 passed third reading on February 25, 2008 and was transmitted to the House for consideration.    Last action taken: SB 1006 passed the Senate and was transmitted to the House for consideration on February 25, 2008.    

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.

Georgia

House Bil 1055 was introduced by Representatives Williams, Dickson, Tumlin and Forster on January 31, 2008.  HB 1055 makes changes to several regulated professions.  Among these changes, HB 1055 changes the provisions relating to licensure by endorsement for massage therapists and repeals certain provisions relating to licensure by reciprocity for massage therapists.  HB 1055 was read a second time and referred to the House Committee on Regulated Industries on February 2, 2008.  The Committee amended and reported favorably on HB 1055 on February 8, 2008.  HB 1055 was amended and passed by the House on February 14, 2008.  HB 1055 was received by the Senate and referred to the Senate Government Oversight Committee on February 19, 2008.  Last action taken: HB 1055 was received by the Senate and referred to the Senate Government Oversight Committee on February 19, 2008. 

Hawaii

Senate Bill 3012 was introduced by Senator Hanabusa on January 22, 2008.  SB 3013 requires that in determining motor vehicle insurance policy personal injury protection benefits, there shall be imposed the same limitations on the number of visits, charge per visit, and combined total visits for therapeutic massage treatments as are imposed on naturopathic, chiropractic, and acupuncture treatments. SB 3012 was referred to the Senate Health Committee and the Senate Committee on Commerce, Consumer Protection and Affordable Housing on January 25, 2008. The Senate Health Committee held a public hearing on SB 3012 on February 13, 2008.  The Senate Health Committee recommended SB 3012 be passed with amendment on February 14, 2008.  The Senate adopted the amendments, passed second reading and referred SB 3012 to the Senate Committee on Commerce, Consumer Protection and Affordable Housing on February 15, 2008.  Last action taken: The Senate adopted the amendments, passed second reading and referred SB 3012 to the Senate Committee on Commerce, Consumer Protection and Affordable Housing on February 15, 2008. 

House Bill 3090 was introduced by Representatives Say on January 23, 2007.  HB 3090 requires that in determining motor vehicle insurance policy personal injury protection benefits, there shall be imposed the same limitations on the number of visits, charge per visit, and combined total visits for therapeutic massage treatments as are imposed on naturopathic, chiropractic, and acupuncture treatments. HB 3090 was referred to the House Health Committee and the House Consumer Protection & Commerce Committee on January 25, 2008. Last action taken: HB 3090 was referred to the House Health Committee and the House Consumer Protection & Commerce Committee on January 25, 2008.

Kansas

Senate Bill 572 was introduced February 6, 2008 by the Committee on Ways and Means.  SB 572 would establish the board for licensure and regulation of the massage therapists.  SB 572 was referred to the Senate Committee on Public Health and Welfare on February 7, 2008.  To view the bill, please visit  http://www.kslegislature.org/bills/2008/572.pdfLast action taken: SB 572 was referred to the Senate Committee on Public Health and Welfare on February 7, 2008.

Maryland

House Bill 1563 was introduced on February 26, 2008 by Delegate Hubbard and assigned to the House Rules and Executive Nominations Committee.  HB 1563 amends the licensure requirements for massage therapists and amends the State Board of Chiropractic and Massage Therapy Examiners requirements.  To view the bill, please visit http://mlis.state.md.us/2008RS/bills/hb/hb1563f.pdf . Last action taken: HB 1563 was assigned to the House Rules and Executive Nominations Committee on February 26, 2008.

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.  

Michigan

Senate Bill 788 was introduced on September 19, 2007 by Senator Jacobs, Richardville and Gleason to provide for the licensure of massage therapists.  To view the bill, please visit http://www.legislature.mi.gov/documents/2007-2008/billintroduced/Senate/pdf/2007-SIB-0788.pdfLast action taken: SB 788 was referred to the Senate Committee on Economic Development and Regulatory Reform on September 19, 2007.

House Bill 5651 was introduced on January 22, 2008 by Representative Paul Cordino to provide for the licensure of massage therapists.  HB 5651 was referred to the House Committee on Regulatory Reform. To view the bill, please visit http://www.legislature.mi.gov/documents/2007-2008/billintroduced/House/pdf/2008-HIB-5651.pdfLast action taken: HB 5651 was introduced on January 22, 2008 and referred to the House Committee on Regulatory Reform.

House Bill 5408 was introduced on October 31, 2007 by Representative Coulouris.  Among other actions, HB 5408 repeals the tax on massage.  After several amendments and substitutions in the House and Senate, HB 5408 was agreed upon and enrolled on December 1, 2007.  Governor Granholm approved the bill on December 4, 2007. To view the bill, please visit http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2007-PA-0145.pdf  Last action taken: Governor Granholm approved HB 5408 on December 4, 2007. 

Mississippi

House Bill 151 was introduced on January 22, 2008 by Representative Warren to reenact the Mississippi Massage Therapy Act to July 1, 2011.  To view the bill, please visit http://billstatus.ls.state.ms.us/documents/2008/pdf/HB/0100-0199/HB0151IN.pdf .  HB 151 was referred to the House Public Health and Human Services Committee.  Hb 151 died in committee on February 19, 2008.  Last action taken: HB 151 died in committee on February 19, 2008.

House Bill 426 was introduced on January 29, 2008 by Representative Holland and referred to the House Public Health and Human Services Committee.  HB 426 reenacts and amends the Mississippi Massage Therapy Act to provide for licensure and removes the repealer.  To view the bill, please visit http://billstatus.ls.state.ms.us/documents/2008/html/HB/0400-0499/HB0426PS.htm.  The House Public Health and Human Services Committee reported to amend and pass HB 426 on February 7, 2008.  HB 426 was amended and passed the House on February 11, 2008.  The Senate received and referred HB 426 to the Senate Committee on Public Health and Welfare on February 12, 2008.   Last action taken: HB 426 was received by the Senate and referred to the Senate Committee on Public Health and Welfare on February 12, 2008.  

Senate Bill 2461 was introduced on January 29, 2008 by Senator Bryan and referred to the Senate Public Health and Welfare Committee.  SB 2461 reenacts and amends the Mississippi Massage Therapy Act to provide for licensure and removes the repealer.  To view the bill, please visit http://billstatus.ls.state.ms.us/documents/2008/pdf/SB/2400-2499/SB2461IN.pdfLast action taken: SB 2462 died in committee on February 19, 2008.

New Jersey

Assembly Bill 4455 was introduced on November 8, 2007 by Assemblymen Caraballo, Biondi and Prieto to provide for licensure of massage and bodywork therapists and registration of the employers.  A4455 was referred to the Assembly Regulated Professions and Independent Authorities Committee on November 8, 2007.  The committee scheduled a hearing for November 19, 2007.  The bill was amended and reported by the committee.  Assembly floor amendments were offered and passed. A4455 was passed by the Assembly by a 73-4 vote, with 2 no votes, on January 7, 2008. A4455 was adopted by the Senate as a substitute to S2536 on January 7, 2008.  To view the bill, please visit http://www.njleg.state.nj.us/2006/Bills/AL07/337_.PDF

Last action taken: Signed by Governor Corzine January 14, 2008. 

Assembly Bill 1683 was introduced on January 8, 2008 by Assemblywoman McHose and Assemblyman Chuisano and referred to the Assembly Budget Committee.  A1683 shall impose a seven percent (7%) tax on massage, bodywork or somatic services, except such services provided pursuant to a doctor's prescription. Last action taken: Introduced January 8, 2008 and referred to the Assembly Budget Committee.  

Assembly Bill 1950 was introduced on January 28, 2008 by Assemblywoman Cruz-Perez to impose a use and sales tax.  A1950 shall impose a seven percent (7%) tax on massage, bodywork or somatic services, except such services provided pursuant to a doctor's prescription. A1950 was referred to the Assembly Appropriations Committee on January 28, 2008. Last action taken: Introduced  and referred to the Assembly Appropriations Committee on January 28, 2008.

Senate Bill 1200 was introduced February 21, 2008 by Senators Bucco and Lance.  S1200 shall impose a seven percent (7%) tax on massage, bodywork or somatic services, except such services provided pursuant to a doctor's prescription. S1200 was referred to the Senate Budget and Appropriations Committee on February 21, 2008. Last action taken: S1200 was referred to the Senate Budget and Appropriations Committee on February 21, 2008.

New York

Assembly Bill 9810 was introduced on January 22, 2008 as a budget bill and referred to the Assembly Ways and Means Committee.  Among the budget items, A9810 imposes a special sales tax of four percent (4%) on massage services provided August 1, 2008 through December 31, 2008.  A9810 was amended on resubmitted to the Assembly Ways and Means Committee on February 21, 2008.  Last action taken: A9810 was amended on resubmitted to the Assembly Ways and Means Committee on February 21, 2008.  

Senate Bill 6810 was introduced on January 22, 2008 as a budget bill and referred to the Senate Finance Committee.  Among the budget items, SB 6810 imposes a special sales tax of four percent (4%) on massage services provided August 1, 2008 through December 31, 2008. SB 6810 was amended and resubmitted to the Senate Finance Committee on February 21, 2008.  Last action taken: SB 6810 was amended and resubmitted to the Senate Finance Committee on February 21, 2008. 

Rhode Island

House Bill 7816 was introduced on February 26, 2008 by Representatives Handy, Ajello, Jacquard and Almeida.  The Bill removes the requirement for a criminal background check for massage therapy licensure and removes the disqualification for sexual offense conviction.  HB 7816 was referred to the House Health, Education & Welfare Committee on February 26, 2008. 

To view the bill, please visit http://www.rilin.state.ri.us/billtext08/housetext08/h7816.pdf . Last action taken: HB 7816 was referred to the House Health, Education & Welfare Committee on February 26, 2008.

Ohio

House Bill 125 was introduced on March 22, 2007 by Representative Huffman to establish uniform contract provisions between health care providers, including massage therapists, and third-party payers.  HB 125 was referred to the House Civil and Commercial Law Committee on March 28, 2007.  A House substitute bill, offered by the Civil and Commercial Law Committee was accepted on September 12, 2007 (after the tenth hearing on the bill) and another Committee substitute was accepted on October 3, 2007 (after the eleventh hearing on the bill).  HB 125 was reported out as amended of the Civil and Commercial Law Committee on October 9, 2007.  HB 125 passed the House by a vole of 91-5 on October 9, 2007.  HB 125 was introduced into the senate on October 10, 2007 and referred to the Judiciary-Civil Justice Committee.  The Senate Judiciary-Civil Justice Committee provided a substitute bill on February 21, 2008.  Last action taken: The Senate Judiciary-Civil Justice Committee provided a substitute bill on February 21, 2008.

Senate Bill 252 was introduced on November 8, 2007 by Senator Coughlin to amend local and municipal rules and requirements.  Among other topics, SB 252 requires unincorporated township trustee boards that regulate massage establishments within their township to deny/revoke permits for any of the following reasons; (i) Falsification of any of the information required for the application or failure to fully complete the application; (ii) Failure to cooperate with any required health or safety inspection; (iii) Any one of the persons named on the application is under the age of eighteen; (iv) Any one of the persons named on the application has been convicted of or pleaded guilty to any violation of Chapter 2907. of the Revised Code, or any violation of any municipal ordinance or township resolution that is substantially equivalent to any offense contained in Chapter 2907. of the Revised Code, within five years preceding the application; (v) Any massager employed at the licensed massage establishment has been convicted of or pleaded guilty to a violation of division (D) of section 503.42 of the Revised Code. Last action taken: Referred to Judiciary-Civil Justice Committee on November 13, 2007. 

House Bill 104 was introduced March 13, 2007.  The bill requires massage therapists, among other healthcare professionals, to undergo a criminal background check prior to receiving an initial license.  This bill also modifies procedures for reinstatement from suspension due to failure to pay renewal fees or failure to renew license.  A substitute bill was reported on by the Senate Judiciary-Criminal Justice Committee on November 15, 2007.   The substitute bill passed the Senate 30-2 on December 11, 2007. The House concurred with Senate amendments 86-3 on December 12, 2007.  Last action taken:  Governor Strickland approved HB 104 on December 21, 2007.

Oklahoma

House Bill 3199 was prefiled for introduction by Representative Denny on January 21, 2008 to be introduced on February 4, 2008.  HB 3199 establishes licensure and licensure requirements for massage therapists.  HB 3199 was referred to the House Economic Development and Financial Services’ Subcommittee on Industry and Labor on February 1, 2008.  The subcommittee scheduled a hearing on HB 3199 on February 12, 2008.  Last action taken: HB 3199 was scheduled for hearing by the House Economic Development and Financial Services’ Subcommittee on Industry and Labor on February 12, 2008. 

Tennessee

Senate Bill 2496 was introduced on January 8, 2008 by Senator Harper. SB 2496 is a sunset action reauthorizing the Massage Licensure Board until June 30, 2011.  SB 2496 passed second consideration on January 10, 2008 and referred to the Senate Government Operations Committee.  Last action taken: Referred to the Senate Government Operations Committee on January 10, 2008. 

House Bill 2703 was introduced on January 8, 2008 by Representative Kernell. HB 2703 is a sunset action reauthorizing the Massage Licensure Board until June 30, 2011.  HB 2703 passed second consideration on January 17, 2008 and referred to the House Government Operations Committee.  The House Government Operations Committee recommended HB 2703 be passed and referred to the House Calendar and Rules Committee on February 6, 2008.   Last action taken: Referred to the Calendar and Rules Committee on February 6, 2008. 

Senate Bill 3627 was introduced on January 17, 2008 by Senator Haynes. SB 3627 changes the requirement for Board members to have at least five (5) years experience as a massage therapist, changes the term of appointment to five (5) years and authorizes the Board to establish application fees for continuing education courses submitted for approval. SB 3627 passed second consideration on January 23, 2008 and referred to the Senate Committee on General Welfare, Health & Human Resources. Last action taken: Referred to Senate Committee on General Welfare, Health & Human Resources on January 23, 2008.

House Bill 3672 was introduced on January 30, 2008 by Representative Shepard. HB 3672 changes the requirement for Board members to have at least five (5) years experience as a massage therapist, changes the term of appointment to five (5) years and authorizes the Board to establish application fees for continuing education courses submitted for approval  HB 3672 was referred to the House Health and Human Resources Committee and the House Government Operations Committee on January 31, 2008.  The House Health and Human Resources Committee referred HB 3672 to the Public Health and Family Assistance Subcommittee on February 6, 2008.  The Public Health and Family Assistance Subcommittee recommended HB 3672 be passed on February 13, 2008.  The House Health and Human Resources Committee recommended HB 3672 be passed and referred to the House Government Operations Committee on February 19, 2008. The House Government Operations Committee has placed HB 3672 on the calendar to be considered on March 5, 2008.  Last action taken: The House Government Operations Committee has placed HB 3672 on the calendar to be considered on March 5, 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.  Last action taken: HB 2644 was signed into law by Governor Perry on June 15, 2007.  The law took effect on September 1, 2007.  For more information on the new law, please visit http://www.dshs.state.tx.us/massage/default.shtm. 

Washington

House Bill 2859 was introduced on January 17, 2008 by Represenatives Williams, Hinkle, Moeller and Green and referred to the House Health Care & Wellness Committee.  HB 2859 amends requirements for licensure to include continuing education requirements biennially.  The House Health Care & Wellness Committee has scheduled a public hearing for HB 2859 at 10:00 A.M. on January 31, 2008.  The House Health Care & Wellness Committee provided a substitute and passed the same on February 3, 2008.  HB 2859 was passed to the Rules Committee for second reading on February 5, 2008.  The Committee recommended adoption with amendment on February 14, 2008.  A substitute bill was offered, accepted and HB 2859 passed the third reading on February 14, 2008.  HB 2859 was received by the Senate, passed first reading and referred to the Senate Health and Long-Term Care Committee on February 16, 2008.  The Committee held a public hearing on HB 2859 on February 27, 2008.  HB 2859 is scheduled for an executive session in the Committee on February 28, 2008.  To view this bill, please visit http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/House%20Bills/2859-S.pdf . Last action taken: HB 2859 is scheduled for an executive session in the Committee on February 28, 2008.

House Bill 2883 was introduced by Representatives Green, Roberts and Morrell on January 17, 2008 and referred to the House Health Care & Wellness Committee.  HB 2883 authorizes the Secretary of Health to discipline, deny license to and use criminal background checks to determine fitness of health care providers, including massage therapists.  The House Health Care & Wellness Committee has scheduled a public hearing for HB 2883 at 1:30 P.M. on January 28, 2007.  To view this bill, please visit http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/House%20Bills/2883.pdf .    Last action taken: Committee hearing scheduled on January 28, 2008 at 1:30 P.M. 

Senate Bill 6458 was introduced by Senators Keiser, Shin, Kohl-Welles and referred to the Senate Health & Long-Term Care Committee.  SB 6458 authorizes the Secretary of Health to discipline, deny license to and use criminal background checks to determine fitness of health care providers, including massage therapists.  The House Health Care & Wellness Committee has scheduled a public hearing for SB 6458 at 1:30 P.M. on January 28, 2007 Executive action taken in the Senate Committee on Health & Long-Term Care on January 28, 2008 at 1:30 PM.  SB 6458 passed Committee on January 31, 2008 and was referred to the Senate Ways and Means Committee.  The Committee held a public hearing on SB 6458 on February 11, 2008.  The Committee provided a substitute bill and passed SB 6458.  SB 6458 passed third reading on February 15, 2008.  SB 6458 was received by the House, passed first reading and referred to the House Health Care and Wellness Committee on February 19, 2008.  Last action taken: SB 6458 was received by the House, passed first reading and referred to the House Health Care and Wellness Committee on February 19, 2008. 

West Virginia

House Bill 4201 was introduced By Delegates Brown, Miley, Burdiss, Talbott, Overington and Sobonya on January 25, 2008.  The purpose of this bill is to amend and reauthorize the Massage Therapy Licensure Board to promulgate a legislative rule relating to General Provisions.  HB 4201 was referred to the Committee on Government Organization and to be subsequently sent to the Judiciary Committee.  HB 4201 was passed by the Committee on Government Organization and referred to the Judiciary Committee on February 1, 2008.  Last action taken: HB 4201 was passed by the Committee on Government Organization and referred to the Judiciary Committee on February 1, 2008. 

Senate Bill 425 was introduced by Senators Minard, Fanning, Prezioso, Unger, Boley and Facemyer on January 25, 2008.  The purpose of this bill is to amend and reauthorize the Massage Therapy Licensure Board to promulgate a legislative rule relating to General Provisions. SB 425 was referred to the Committee on Government Organization and to be subsequently sent to the Finance Committee then the Judiciary Committee.  The Committee on Government Organization recommended passage of SB 425 and referred to the Finance Committee on February 5, 2008.  The Finance Committee recommended passage of SB 425 and referred to the Judiciary Committee on February 12, 2008.  Last action taken: The Finance Committee recommended passage of SB 425 and referred to the Judiciary Committee on February 12, 2008.

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