AMTA Legislative Briefing

March 2007

Alabama

House Bill 232 was introduced by Representative Hall to provide for the continuance of the Alabama Board of Massage Therapy until October 1, 2008.  HB 232 was read for the first time and referred to the House Committee on Boards and Commissions on March 8, 2007.  Last action taken: HB 232 was amended and substituted on March 21, 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.  SB 731 was referred to the Senate Committee on Rules for assignment on February 23, 2007.  Last action taken: On March 21, 2007, a hearing on SB 731 was scheduled in the Senate Business, Professions and Economic Development Committee for April 9, 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.  The Senate Committee on Local Government amended SB 193 and referred the bill to the Appropriations Committee on February 22, 2007.  SB 193 was amended and substituted on February 22, 2007.  Last action taken: On March 23, 2007, the Senate Appropriations Committee postponed action on SB 193 indefinitely. 

Connecticut

Senate Bill 140 was introduced on January 10, 2007 by Senator Duff.  The bill amends chapter 384a of general statutes to clarify prohibitions on use of the title “massage therapist” and establishes guidelines for massage therapy advertising.  SB 140 was referred to the Senate Committee on Public Health on January 10, 2007.  There was a change in committee reference for SB 140.  The bill was referred to the Senate Committee on General Law on January 22, 2007.  The General Law Committee amended and substituted SB 140 on March 2, 2007.  The General Law Committee issued a joint favorable report on SB 140 March 6, 2007.  The General Law Committee recommended passage of SB 140 on March 15, 2007.  Last action taken:  SB 140 was placed on the Senate calendar on March 15, 2007.

Florida

Senate Resolution 2982 was filed on March 23, 2007.  SR 2982 recognizes April 24-24, 2007 as “Massage Therapy Awareness Days.”  

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.  Sen. Miller’s amendment to SB 320 passed the Senate on February 26, 2007.  A fiscal impact statement was prepared for SB 320 on February 27, 2007.  SB 320 was referred to the House Committee on Public Health.  A hearing was scheduled for March 26, 2007.  Last action taken: The House Committee on Public Health amended and recommended passage of SB 320 on March 29, 2007.  To view SB 320, please visit http://www.in.gov/legislative/bills/2007/ES/ES0320.1.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.  SF 74 was substituted for HF 401 on February 21, 2007.  SF 74 was adopted and sent to the Governor on March 7, 2007.  Last action taken: Governor Vilsack signed SF 74 on March 9, 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/

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.  HB 448 was referred to the House Ways and Means Committee on February 5, 2007.  Last action taken: A hearing on HB 448 was scheduled for March 14, 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 released on February 19, 2007.

Senate Bill 993 was cross-filed with HB 735.  SB 993 was introduced on March 2, 2007 by Senators Klausmeier and Hooper.  SB 993 creates the State Board of Massage Therapy Examiners in the Department of Health and Mental Hygiene; providing for the composition, appointment, terms, and expenses of the Board members; establishing the powers and duties of the Board; authorizing the Board to appoint and establish the powers and duties of a Board executive director; authorizing the Board to set specified fees; requiring specified fees collected by the Board to be sent to the Comptroller; etc.  SB 993 was assigned to the Senate Rules Committee on March 2, 2007.  SB 993 was referred to the Education, Health and Environmental Affairs Committee on March 8, 2007.  Last action taken: A hearing on SB 993 was scheduled for March 27, 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 1273 was introduced on February 22, 2007.  HB 1273 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.  HB 1273 was referred to the House Committee on Public Safety and Civil Justice on February 22, 2007.  On March 15, 2007, HB 1273 was referred by the Chair of the Public Safety and Civil Justice Committee to the Subcommittee on Crime Victims.  HB 1273 was recommended for passage as amended on March 16, 2007.  The bill was returned to the House Public Safety and Civil Justice Committee.  The Committee recommended passage of HB 1273 on March 23, 2007.  The bill was re-referred to the Finance Committee on March 23, 2007.  Last action taken: HB 1273 was referred to the Public Safety Finance Division on March 23, 2007.

Senate Bill 1481 was introduced on March 5, 2007 by Senators Michel, Senjem, Murphy, Scheid, and Higgins.  SB 1481 is an act relating to crimes; providing testimonial confidentiality for certain sexual assault counselors; eliminating the "mistake of age" defense for certain criminal sexual assault offenders; enhancing penalties for certain nonconsensual sexual contact offenses committed by professionals engaged in massage or bodywork.  Last action taken: SB 1481 was referred to the Senate Judiciary Committee on March 5, 2007.

House Bill 1633 was introduced on March 5, 2007.  HB 1633 allows persons not licensed to practice veterinary medicine in Minnesota to perform animal husbandry activities including animal chiropractic and massage.  HB 1633 was referred to the Agriculture, Rural Economies and Veterans Affairs Committee on March 5, 2007.  The Agriculture, Rural Economies and Veterans Affairs Committee recommended passage of HB 1633 as amended on March 24, 2007.  Last action taken: HB 1633 was on its second reading in the House on March 24, 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.  HB 923 passed and was engrossed in the House on February 6, 2007.  HB 923 was adopted and sent to the Governor on March 15, 2007.  Last action taken: HB 923 was approved by Governor Barbour on March 15, 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 3157 was referred to the Senate Appropriations Committee on February 12, 2007.  SB 3157 was engrossed on February 16, 2007.  SB 3157 was adopted and sent to the Governor on March 22, 2007.  Last action taken: SB 3157 was approved by Governor Barbour on March 22, 2007.

Senate Bill 2117 was introduced on January 3, 2007 by Senator King.  SB 2117 provides that a professional license, including a massage therapy license, issued in the state of Mississippi to any member of the Mississippi National Guard or United States Armed Forces Reserves shall not expire while the member is serving on federal active duty and shall be extended for 90 days after his return.  SB 2117 was referred to the Senate Committee on Business and Financial Institutions on January 3, 2007.  The Senate Committee on Business and Financial Institutions voted on and passed SB 2117 on January 31, 2007.  SB 2117 passed the Senate and was sent to the Governor on February 27, 2007.  Last action taken: SB 2117 was approved by Governor Barbour on March 8, 2007.

Missouri

Senate Bill 666 was introduced on March 1, 2007 by Senator Scott.  This act allows certain licensed professionals to renew a license expiring while they are serving in the military, within 60 days from completing their service. The professionals included are: interpreters, clinical perfusionists, dietitians, massage therapists, interior designers, acupuncturists, occupational therapists, occupational therapy assistants, tattoists, body piercers, and branders.  Senate read SB 666 on March 1, 2007.  SB 666 was referred to the Senate Financial and Governmental Organizations and Elections Committee on March 5, 2007.  A hearing was held on March 12, 2007.  The Senate Financial and Governmental Organizations and Elections Committee voted to pass SB 666 on March 12, 2007.  SB 666 passed the Senate on March 29, 2007.  Last action taken: SB 666 was on its first reading in the House on March 29, 2007.

Nevada

Senate Bill 360 was introduced on March 19, 2007 by Representative Schneider.  SB 360 enacts provisions relating to complementary integrative medicine.  SB 360 allows unlicensed complementary integrative health care providers to perform neuromuscular integration by using manipulation of the soft tissues of the body.  SB 360 was referred to the Committee on Commerce and Labor on March 19, 2007.  Last action taken: A hearing on SB 360 was held on March 28, 2007 in the Senate Commerce and Labor Committee. 

Senate Bill 432 was introduced on March 19, 2007 by Representative Schneider.  SB 432 enacts provisions relating to complementary integrative medicine.  To view the bill, please visit http://www.leg.state.nv.us/74th/Bills/SB/SB432.pdf.  SB 432 was referred to the Committee on Commerce and Labor on March 19, 2007.  Last action taken: A hearing on SB 432 was scheduled for March 28, 2007 in the Senate Commerce and Labor Committee. 

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.  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.  Last action taken: HB 908 was retained in the House Committee on Executive Departments and Administration on March 20, 2007.

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.

Assembly Bill 4104 was introduced by Assemblyman Kean on March 12, 2007.  HB 4104 would remove sales tax on charges for massage, bodywork and somatic services.  Last action taken:

HB 4104 was referred to the Assembly Appropriations Committee on March 12, 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.  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.  The House Health and Government Affairs Committee passed HB 847 on February 20, 2007.  The bill was referred to the House Business and Industry Committee.  The House Business and Industry Committee recommended passage of HB 847 on March 1, 2007.  The bill was referred to the House Public Affairs Committee.  The House Public Affairs Committee recommended passage of HB 847 on March 9, 2007.  The bill was referred to the Corporations and Transportation Committee on March 9, 2007.  The Corporations and Transportation Committee recommended passage of HB 847 on March 14, 2007.  Last action taken: HB 847 passed both chambers of the New Mexico Legislature. 

North Carolina

Senate Bill 1314 was introduced on March 26, 2007 by Senator Cowell.  SB 1314 amends the laws under the North Carolina massage and bodywork therapy practice act to expand the existing laws regulating massage and bodywork therapy schools; to authorize the board to establish fees for licensing massage and bodywork therapy schools; to allow the department of justice to conduct criminal history record checks from state and national repositories of criminal history of applicants for licensure to practice massage and bodywork therapy; and to amend the existing laws regarding adult entertainment.  To view the bill, please visit http://www.ncleg.net/Sessions/2007/Bills/Senate/HTML/S1314v1.htmlLast action taken: SB 1314 was referred to the Senate Commerce, Small Business, and Entrepreneurship Committee on March 26, 2007.

Senate Bill 1080, the Naturopathic Physician Licensing Act, was introduced on March 22, 2007.  The bill defines naturopathic physical medicine as the manual use of massage, stretching, or resistance.  Last action taken: SB 1080 was referred to the Senate Commerce, Small Business and Entrepreneurship Committee on March 22, 2007.  

The House companion to SB 1080, House Bill 969, was introduced on March 22, 2007.  The bill defines naturopathic physical medicine as the manual use of massage, stretching, or resistance.  Last action taken: HB 969 was referred to the House Committee on Health on March 22, 2007.  

Rhode Island

House Bill 5950 was introduced on March 1, 2007 by Representatives Handy, Ajello, Dennigan, and Almeida.  HB 5950 would delete the need for a criminal background check to apply for a massage license and would no longer disqualify a person from a massage license if convicted of a sexual offense.  This act would take effect upon passage.  Last action taken: HB 5950 was referred to the House Health, Education and Welfare Committee on March 1, 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.  The Senate concurred with the House amendments and passed SB 70 on February 23, 2007.  Last action taken: Governor Rounds signed SB 70 on March 2, 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.

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.  Last action taken: HB 2644 was referred to the House Public Health Committee on March 13, 2007.

House Bill 2957 was introduced by Representative Jim Jackson on March 7, 2007.  HB 2957 relates to the licensing and regulation of massage therapy and provides penalties for non-compliance.  To view the bill, visit http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/HB02957I.pdfLast action taken: HB 2957 was referred to the Government Reform Committee on March 15, 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.  The House Business and Labor Committee amended and reported a favorable recommendation of HB 419 on February 13, 2007.  HB 419 was adopted on March 13, 2007.  Last action taken: Governor Huntsman signed HB 419 on March 13, 2007.

Washington

The Senate companion bill to HB 1158, Senate Bill 5403, was introduced on January 18, 2007.  SB 5403 is a bill to certify animal massage practitioners.  The bill was referred to the Senate Committee on Agriculture and Rural Economic Development on January 25, 2007.  A public hearing was held on January 25, 2007.  The Committee on Agriculture and Rural Economic Development offered a substitute bill and recommended passage of the substitute bill on January 30, 2007.  SB 5403 was passed to the Senate Rules Committee for second reading on January 30, 2007.  Senator Rasmussen offered two amendments to SB 5403 on March 11, 2007.  SB 5403 was placed on second reading in the Senate Rules Committee.  SB 5403 was engrossed in the Senate on March 13, 2007.  The House Agriculture & Natural Resources Committee prepared a report on SB 5403 on March 21, 2007.  A fiscal note on SB 5403 was released on March 27, 2007.  Last action taken: A public hearing and executive action on SB 5403 was scheduled in the House Appropriations Committee for March 29, 2007.

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.  A hearing on SB 5597 was scheduled for February 28, 2007 in the Senate Ways and Means Committee.  A fiscal note was prepared for SB 5597 was prepared by the Office of Financial Management on March 14, 2007.  SB 5597 was referred to the House Committee on Health Care and Wellness on March 15, 2007.  SB 5597 was amended in the House Committee on Health Care and Wellness on March 22, 2007.  The bill was referred to the House Appropriations Committee on March 23, 2007.  Last action taken: A public hearing on SB 5597 was scheduled for March 28, 2007 in the House Appropriations Committee.

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.  HB 1397 was amended and substituted on February 15, 2007.  A fiscal note was prepared for HB 1397 on February 27, 2007.  First substitute on HB 1397 was substituted on March 7, 2007.  HB 1397 was read in the Senate and referred to the Health and Long-Term Care Committee on March 8, 2007.  A hearing on HB 1397 was scheduled for March 22, 2007 in the Senate Committee on Health and Long-Term Care.  Executive action was taken by the Senate Committee on Health and Long-Term Care on March 26, 2007.  Last action taken: The Senate Committee on Health and Long-Term Care recommended passage of HB 1397.  The bill was referred to the Rules Committee on March 27, 2007. 

House Bill 1341 was introduced by Representatives Simpson, Curtis, Ericks, and Alexander on January 17, 2007.  HB 1341 limits the regulation of the practice of massage by political subdivisions of the state.  HB 1341 was referred to the House Committee on Local Government on January 17, 2007.  A public hearing was held on January 25, 2007.  The House Committee on Local Government recommended passage of HB 1341 on January 30, 2007.  HB 1341 passed the House on February 23, 2007. Executive action was taken by the Senate Committee on Health and Long-Term Care on March 26, 2007.  Last action taken: The Senate Committee on Health and Long-Term Care recommended passage of HB 1341.  The bill was referred to the Rules Committee on March 27, 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