AMTA Legislative Briefing

January 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.  Last action taken: SB 3012 was referred to the Senate Health Committee and the Senate Committee on Commerce, Consumer Protection and Affordable Housing on January 25, 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.

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.pdf.  Last 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.pdf .  Last 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. 

Mississippii

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 .  Last action taken: HB 151 was introduced by Representative Warren on January 22, 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/pdf/HB/0400-0499/HB0426IN.pdf  Last action taken: HB 426 was introduced on January 29, 2008 and referred to the House Public Health and Human Services Committee.

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.pdff .  Last action taken: SB 2462 was introduced on January 29, 2008 and referred to the Senate Public Health and Welfare Committee.

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_.PDFF

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 massagee , 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.  A1683 shall impose a seven percent (7%) tax on mmassage , 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.

New Yorkk

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. Last action taken: A9810 was introduced and referred to the Assembly Ways and Means Committee on January 22, 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. Last action taken: S6810 was introduced and referred to the Senate Finance Committee on January 22, 2008.

Ohioo

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.  Last action taken: The Senate Judiciary-Civil Justice Committee scheduled a hearing for December 5, 2007 at 11:00 A.M. 

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.

Oklahomaa

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.  Last action taken: HB 3199 was prefiled by Representative Denny on January 21, 2008. 

Tennesseee

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.  Last action taken: Referred to the House Government Operations Committee on January 17, 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.. Last action taken: HB 3672 was introduced on January 30, 2008.

Texass

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.shtmm.

Washingtonn

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.  To view this bill, please visit http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/House%20Bills/2859.pdff   Last action taken: Committee hearing scheduled on January 31, 2008 at 10:00 AM. 

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.pdff .    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.  Last action taken: Executive action taken in the Senate Committee on Health & Long-Term Care on January 28, 2008 at 1:30 PM. 

West Virginiaa

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.  Last action taken: Introduced on referred to Committee on Government Organization then the Judiciary Committee on January 25, 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 Judiciary Committee    Last action taken: Introduced on referred to Committee on Government Organization then the Judiciary Committee on January 25, 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.