AMTA Government Relations Committee
Legislative Briefing

May 2006

Colorado

House Bill 1170 defines alternative health care provider and prohibits certain acts, to include performing massage therapy, by an alternative health care provider.  The bill was amended on February 13, 2006 and referred to the House Committee on Health and Human Services and Appropriations.  The fiscal note for HB 1170 was issued on April 10, 2006.  The House Committee on Appropriations passed an amended HB 1170 to the House Committee on the Whole on April 12, 2006.  HB 1170 had a second and third reading in the House and it passed with amendments on April 21, 2006.  HB 1170 was introduced in the Senate and assigned to the Health and Human Services Committee on April 25, 2006.  Last action taken: The Senate Committee on Health and Human Services indefinitely postponed consideration of HB 1170 on April 27, 2006.

Connecticut

Senate Bill 317 was introduced by Senator Stillman to make revisions to the Department of Public Health statutes.  It prohibits the creation of separate licensing boards for several professions, including massage therapy, which are currently regulated by the Department of Public Health.  SB 317 was favorably reported out of the Legislative Commissioner’s Office on April 4, 2006. The bill was referred by the Senate to Committee on Insurance and Real Estate and ordered for immediate transmittal on April 11, 2006. Rules were suspended and transmitted on April 25, 2006.  SB 317 was favorably reported out of Committee.  It was amended and tabled for the Senate Calendar on April 26, 2006.  The Senate passed SB 317, as amended, on May 2, 2006.  The bill was favorably reported and tabled for the House calendar on May 2, 2006.  The amendments to the bill passed the House and the Senate on May 3, 2006.  Last action taken: SB 317 became Public Act 06-195 and was transmitted to the Secretary of State on May 25, 2006.   

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.  SB 2258 states that the board may issue a license to practice as a massage therapist to an applicant who satisfies the following minimum qualifications: (1) he shall have obtained a high school diploma or its equivalent; (2) he is 18 years of age or older; (3) he has submitted 2 professional letters of reference, with at least 1 being from an employer or professional in the massage therapy or medical field; (4) he shall be of good moral character as determined by the discretion of the board; (5) he shall have successfully completed a course of study consisting of at least 500 classroom hours or an equivalent number of credit hours of supervised instruction at a licensed massage school; (6) he shall have not been convicted in any jurisdiction of sexually-related crime or crime involving moral turpitude for the 10 years immediately before the date of application; (7) he shall provide proof of professional liability coverage; and (8) he demonstrates such professional competence as may be required by the board’s regulations.  The measure, without the amendment, passed the full Senate on November 15, 2005 and was referred back to the Committee for consideration.  On April 20, 2006, the House Ways and Means Committee recommended passage of SB 2258 and referred the bill to the House Committee on Steering, Policy and Scheduling.  The Committee reported that the matter be placed in the Orders of the Day for the next sitting and House Rules were suspended on April 24, 2006.  SB 2258 had a second reading and a third reading was ordered on April 24, 2006.  The bill was read a third time (title changed), amended and passed to be engrossed in the House on May 1, 2006. The Senate concurred with the House floor amendment to SB 2258 on May 4, 2006.  SB 2258 was enacted by the House on May 10, 2006. SB 2258 was laid before the Governor on May 15, 2006.  Last action taken: An amendment to SB 2258 was added by the Governor on May 22, 2006.  The bill was returned to the Senate and referred to the Committee on Bills in the Third Reading on May 22, 2006.

New York

Senate Bill 7788 was introduced on April 25, 2006 by Sen. Maltese.  SB 7788 authorizes certain care and treatment, to include massage therapy services, for injured employees who receive workers compensation benefits.  The bill establishes fee schedules and arbitration proceedings for massage therapy services provided in workers comp cases.  To view the full text of the legislation, please visit: http://public.leginfo.state.ny.us/menugetf.cgi.  Last action taken: The bill was referred to the Senate Labor Committee on April 25, 2006.

North Carolina

Senate Bill 1394 was filed on May 15, 2006 by Senator Lucas.  SB 1394 repeals existing law which exempts community college massage and bodywork therapy programs from licensure by the North Carolina Board of Massage and Bodywork Therapy.  The bill also authorizes the Legislative Research Commission to study and examine any conflicts that exist between the Board and the North Carolina community college system.  The bill and summary report were filed on May 15, 2006.  Last action taken: SB 1394 was referred to the Senate Committee on Health Care on May 16, 2006.

Ohio

House Bill 23 was introduced by Rep. Reidelbach to regulate adult entertainment establishments.  To view the legislation, please visit: http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_23.  Last action taken: The bill was signed by Governor Taft on May 12, 2006.

Rhode Island

Senate Bill 3082 was introduced by Senator Goodwin on May 4, 2006.  SB 3082 would expand the definition of massage therapy and increase the penalty for practicing massage or maintaining a massage therapy establishment without a state license.  SB 3082 was referred to the Senate Judiciary Committee on May 4, 2006.  Rep. McCauley introduced a companion bill (HB 8137) in the House on May 23, 2006.  HB 8137 was referred to the House Health, Education & Welfare Committee on May 23, 2006.  Last action taken: The House Health, Education & Welfare Committee recommended the measure be held for further study on May 30, 2006.  HB 8137 was scheduled for hearing on May 30, 2006.

Tennessee

House Bill 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.  HB 2561 was placed on the House Subcommittee on Professional Occupations calendar for April 5, 2006.  The bill was placed on the calendar of the Health and Human Resources Committee for April 18, 2006.  HB 2561 was placed on the Health and Human Resources Committee calendar for May 2, 2006.  HB 2561 was recommended for passage and referred to the Calendar and Rules Committee on May 2, 2006.  HB 2561 was placed on the calendar for consideration by the Calendar and Rules Committee on May 9, 2006.  The House placed HB 2561 on regular calendar for May 10, 2006.  The companion Senate bill, SB 2736 was substituted for HB 2561 on May 10, 2006.  Last action taken:  The Senate companion bill to HB 2561 was signed by the Governor and became Public Chapter 737 on May 30, 2006.

SB 2736 is the Senate companion bill to HB 2561.  SB 2736 was introduced on February 13, 2006 by Sen. Kyle.  SB 2736 was placed on the Senate General Welfare, Health and Human Resources Committee calendar for April 19, 2006.  SB 2736 was recommended for passage by the Senate General Welfare, Health and Human Resources Committee.  The bill was referred to the Senate Calendar Committee on April 26, 2006.  SB 2736 passed the full Senate on May 1, 2006.  SB 2736 was received from the Senate and held on the House desk on May 3, 2006.SB 2736 passed the House, ayes 97 nays 0, on May 10, 2006.  SB 2736 was signed by House Speaker Naifeh on May 11, 2006. SB 2736 was transmitted to the Governor for action on May 12, 2006.  Last action taken: SB 2736 was signed by the Governor on May 23, 2006.  SB 2736 became Public Chapter 737 on May 30, 2006.

Virginia

House Bill 1487 was introduced by Rep. Orrock to permit volunteer licenses for healing arts practitioners.  HB 1487 grants authority to the Board of Medicine for the issuance of volunteer licenses to practitioners of healing arts.  The restricted volunteer license will qualify the practitioners to volunteer in clinics organized in whole or in part for the delivery of health care services without charge.  Last action taken: HB 1487 was adopted by the House on April 19, 2006.  Acts of Assembly Chapter text added on April 19, 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.