AMTA Government Relations Committee
Legislative Briefing

March 2006

Alabama

Representative Jackson introduced House Bill 584 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.  Last action taken: The bill was referred to the House Committee on Health.   A hearing was scheduled for March 8, 2006.  No further action taken.

Representative Jackson also introduced House Bill 585, on February 7, 2006 to allow the Alabama Board of Massage Therapy to assess and collect certain fees.  HB 585 was referred on February 7, 2006 to the House Committee on Health.  Last action taken:  A hearing to consider HB 585 was scheduled for March 8, 2006 in the House Committee on Health.  No further action taken.

California

Senator Liz Figueroa introduced Senate Bill 412 on February 17, 2005 and the language has been amended since introduction.  SB 412 is currently pending action in the Assembly Committee on Appropriations.  Please refer to the AMTA California Chapter Website for a more detailed update on the status of this legislation, recently amended language and lobbying activities: http://www.amta-ca.org/html/licensing.htm

Florida

Senate Resolution 2798 was filed on March 21, 2006 by Senator Jones.  The resolution recognizes March 21-22, 2006 as “Massage Therapy Legislative Awareness Days.”  Last action taken: the resolution was adopted on March 30, 2006.

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.  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.  SB 91 was reported favorably out of the House Committee on Licensing and Occupations on March 1, 2006.  The legislation was referred to the Rules Committee on March 2, 2006.  SB 91 was on its third reading on March 9, 2006.  It passed 95-0.  Last action taken: The bill was sent to the Governor on March 13, 2006 and it was signed on March 24, 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 was scheduled for March 1, 2006.  No further action taken. 

Massachusetts

House Bill 3412 to regulate massage therapy and create a board of registration of massage therapy was favorably reported out of the Consumer Protection and Professional Licensure Committee on September 29, 2005.  The Senate companion bill, SB 2212, was referred to the Senate Ways and Means Committee that same day.  The Senate Ways and Means Committee recommended passage of SB 2212 with an amendment.  The amended version became SB 2258, which was referred to the Senate Ethics and Rules Committee on November 2, 2005.  The measure, without the amendment, passed by the full Senate on November 15, 2005 and was referred back to the House Ways and Means Committee for consideration.  No further action taken to date.  To view a copy of bill language, please visit: http://www.mass.gov/legis/bills/senate/st02/st02258.htm

Michigan

House Bill 5218 was introduced on September 22, 2005 to provide for licensure of massage therapists.  The bill would establish the Michigan Board of Massage Therapy and take effect when funding is appropriated.  The bill is pending action in the House Committee on Health Policy.  To view a copy of bill language, please visit: http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=2005-HB-5218

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.  The measure passed the full Senate on February 17, 2006.  It was referred to the House Appropriations Committee on February 21, 2006.  SB 3049 as amended passed on March 9, 2006.  Senate concurred on the insurance amendment introduced in the House on March 16, 2006.  SB 3049 was enrolled and signed in the Senate on March 20, 2006.  The bill was signed in the House on March 21, 2006.  Last action taken: SB 3049 was approved by the Governor on March 27, 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.  HB 1658 was referred to the House Professional Registration & Licensing Committee on February 16, 2006.  Last action taken: A public hearing on HB 1658 was held on March 1, 2006.  No further action was taken.

New Jersey

Assembly Bill 4034 was introduced on May 5, 2005 by Assemblyman Barnes. This bill would amend the current voluntary state certification to mandatory certification by requiring all individuals who render massage, bodywork or somatic therapy services to be certified.  The bill was amended by the Law and Public Safety Committee in May 2005 and ultimately died in Assembly.  Assemblyman Barnes re-introduced the legislation on January 10, 2006 as Assembly Bill 1670.  AB 1670 was read once and referred to the Assembly Law and Public Safety Committee. 

Pennsylvania

Action is pending on House Bill 1643 in the House Professional Licensure Committee.  The legislation was introduced by Rep. McCall and has more than 65 co-sponsors.  HB 1643 would establish the State Board of Professional Massage Therapists and provide for funds, licensure, disciplinary action and remedies to regulate massage therapists.  The bill text is available at: http://www.legis.state.pa.us/WU01/LI/BI/BT/2005/0/HB1643P2028.HTM

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.  Last action taken:  HB 2561 was placed on the House Subcommittee on Professional Occupations calendar for April 5, 2006.

Washington

House Bill 2943 was introduced on January 17, 2006 by Representatives Cody, Curtis, Morrell, Campbell, Green, Clibborn, Kessler, Serben, Rodne, Roach, Moeller, Buri, Pearson, McCune, Appleton, Kenney, Hasegawa and Dunn.  The bill prohibits discrimination of health care providers by organizations that contract for the establishment of provider networks through the adoption of health care network selection and credentialing standards.  Specifically referencing network selection and credentialing standards which permit the selection or credentialing of only one or certain classes of practitioners.  For example, if a contractor permits a clinic comprising physicians and nurses to contract on a clinic rather than upon an individual basis, the contractor must also permit a clinic comprising chiropractors and licensed massage therapists to contract on a clinic rather than upon an individual basis.  Last action taken: By resolution, the bill returned to the House Rules Committee for third reading on March 8, 2006.  No further action was taken.

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.  The bill was on second reading and placed on Special Calendar for February 28, 2006.  HB 4279 was referred to the Senate Health & Human Resources Committee on March 2, 2006.  First reading on March 8, 2006.  Second reading on March 9, 2006.  Third reading on March 10, 2006.   HB 4279 passed the Senate on March 10, 2006.  The bill was sent to, and received by, the House on March 10, 2006.  Last action taken: HB 4279 was sent to the Governor on March 22, 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.  HB 4849 was on second reading and placed on Special Calendar for February 28, 2006.  Last action taken: The bill was referred to the Senate Committee on Government Organization on March 2, 2006.  Second reading on March 10, 2006.  Legislative action completed on March 11, 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.