AMTA Government Relations Committee
Legislative Briefing

June 2006

California

Senator Liz Figueroa introduced Senate Bill 412 on February 17, 2005 and the language has been amended since introduction.  SB 412 would provide for certification of massage practitioners and massage therapists by the Massage Therapy Organization.  Please refer to the AMTA California Chapter Website for a more detailed update on the status of this legislation and lobbying activities: http://www.amta-ca.org/html/licensing.htmLast action taken: SB 412 was amended in Assembly on June 5, 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. SB 317 became Public Act 06-195 and was transmitted to the Secretary of State on May 25, 2006.  Last action taken: SB 317 was signed by the Governor on June 7, 2006. 

District of Columbia

A resolution was introduced on June 12, 2006 to confirm Beverly Rene McNeil to the D.C. Board of Massage Therapy. 

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.  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. The Governor’s amendment to SB 2258 was rejected on June 6, 2006.  SB 2258 was laid before the Governor for the second time on June 8, 2006.  SB 2258 was returned by the Governor unsigned on June 15, 2006.  The Senate overrode the Governor’s veto of SB 2258 on June 22, 2006.  Last action taken: The House overrode the Governor’s veto of SB 2258 on June 29, 2006.  SB 2258 to regulate the massage therapy profession will become public law in 90 days.

New Jersey

Assembly Bill 4711 was introduced on June 26, 2006 by Assemblyman Roberts and Assemblyman Diegnan.  A4711 would expand the base of the state sales and use tax.  Specifically, the measure would require a 6% sales tax on all massage, bodywork or somatic services.  Last action taken: The bill was referred to the Assembly Budget Committee on June 26, 2006 for consideration. 

Pennsylvania

HB 1643 was introduced on June 6, 2005.  The bill would establish the State Board of Professional Massage Therapists and provide for funds, licensure, disciplinary action and remedies to regulate massage therapists.  Several changes were recently made to HB 1643 by House legislative staff upon recommendations from the chiropractors and others.  For more information on the recent changes to HB 1643 (including massage therapy definition and scope of practice), please contact the AMTA Pennsylvania Chapter or visit the Pennsylvania Chapter Website at www.amtapa.orgLast action taken: The House Professional Licensure Committee unanimously amended HB 1643 on June 13, 2006.  The Committee announced a public hearing will be held on the amended bill.  The public hearing is anticipated for August or early September 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.

South Dakota

A public hearing will be held on July 24, 2006 by the South Dakota Board of Massage Therapy.  The purpose of the hearing will be to consider the adoption and amendment of proposed rules that provide for applications and licenses for qualified massage therapists, to set fees for licenses and other functions of the board, to provide continuing education requirements, set standards for disciplinary proceedings and set professional liability or malpractice insurance limits for massage therapists.  The reason for adopting the proposed rules is to comply with statute by licensing massage therapists in South Dakota. The board is charged with the responsibility of setting standards for massage therapists in order to protect the public.  For more information on the proposed rules, please visit the South Dakota Board of Massage Therapy at http://www.state.sd.us/doh/Massage/index.htm.

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.