2009 Summary as of October
Illinois
SB 318 became law on August 24, 2009. The law amends the Medical Practice Act and allows any person licensed under it (physicians, chiropractors) to delegate tasks or duties to licensed or unlicensed personnel as long as those duties fall within the scope of practice for the physician or chiropractor. In ABMP’s opinion, the law circumvents the Massage Licensing Act and will allow the unlicensed practice of massage therapy and other allied health professions.
ABMP believes SB 318 is an unbridled expansion of the Medical Practice Act to allow chiropractors to delegate tasks or duties to an unlicensed person, even those activities that are currently deemed by Illinois statute to require a license. SB 318 does not require supervision of unlicensed employees, does not restrict their activities to the chiropractor's office, and does not limit the extent to which an unlicensed person may do licensed activities. Unlicensed employees will be able to perform licensed activities without any restrictions. The Illinois Chiropractic Society has stated specifically that massage is one of the tasks that they want chiropractors to delegate. There are nearly 8,000 licensed Massage Therapists in Illinois in virtually every county of the state. There is clearly no shortage of qualified licensed Massage Therapists to meet this need.
SB 318 will increase the opportunity for hazardous practice and impact public safety. Untrained employees will be allowed to provide direct patient care to patients with medical conditions.
The Massage Therapy Licensing Act requires licensees to be fingerprinted as part of the license application process. This is required to help protect the public from sexual predators and other people with a history of sexual violations. SB 318 does not afford the public these protections.
Montana
House bill 662, providing for the state licensing of massage therapists, was signed into law by Governor Schweitzer on May 5, 2009. The new law goes into effect immediately. However, applications for state licenses will not become available until a Board of Massage Therapy is appointed then writes rules and regulations to implement the law.
In order to qualify for licensure, existing practitioners will need to sign an affidavit stating that they have engaged in the practice of massage therapy for at least 100 hours in Montana. Practitioners would be able to qualify under this provision until July 1, 2012.
After July 1, 2012, applicants must have completed a minimum 500-hour massage therapy program and pass an exam approved by the Board.
Once a massage therapist is licensed, he or she will have to complete 12 hours of continuing education every two years for license renewal.
Practices exempt from massage therapy licensure, as long as practitioners do not practice or advertise that they practice massage therapy, include: movement education, structural integration, and reflexology.
The Board of Massage Therapy will be composed of one member of the public, one licensed health care provider, and three massage therapists. Board members will be reimbursed for mileage driven, are required to be residents of Montana, and to have practiced massage therapy for at least three years.
Interested parties can apply for a position on the board by going to
https://app.mt.gov/cgi-bin/governor/appointment.cgi.
To read the new law go to
http://data.opi.mt.gov/bills/2009/billpdf/HB0662.pdf.
Michigan
On Jan. 9, 2009 a Michigan bill providing for the state licensing of massage therapists was signed into law by Governor Granholm. While the law is effective immediately, it will likely take at least 6-12 months before applications become available.
The law will benefit the massage therapy community in three primary ways:
- Minimum training requirements and scope of practice are defined.
- An avenue for consumer complaint is established.
- Local regulations will be pre-empted, meaning all massage therapists will license with the state and no longer have to become licensed in their city or in multiple cities.
As of June, Governor Granholm has appointed members to the Michigan Board of Massage Therapy. The board, named below, is charged with the responsibility of writing the rules and regulations to implement the new law.
Karen Armstrong of Farmington Hills
Timothy Bograkos of Lansing
Mary Ericson of Plymouth
Tiffany Hartung of Warren
Dennis Hilton-Scheffler of Mount Clemens
Bilky Joda-Miller of Lansing
Jodi Kubizna of Grand Rapids
Thomas Mackowiak of Lansing
Hal Rudnianin of Hancock
Michael Ryan of Marquette
Amanda West of Holt
Existing practitioners
For approximately the first-year license applications are available, existing practitioners will be able qualify for state license by meeting one of these five criteria:
- Provide evidence that they have been an active member, as a massage therapist, of a professional massage therapy association (such as ABMP) for at least one year; or
- Establish by affidavit that they have practiced massage therapy for an average of at least 10 hours per week for five or more years; or
- Establish by affidavit that they have practiced massage therapy for at least 3 years and provide evidence from the school they attended that they also completed at least 300 hours of formal training; or
- They have passed an exam approved by the board*; or
- They have completed at least 500 hours of classroom instruction in massage.
Once a massage therapist becomes state licensed, they will be required to complete 18 hours of continuing education and renew their state license every 3 years.
After the initial year of licensing, new candidates for state license will have to complete a 500-hour minimum massage therapy program AND pass an exam (to be) approved by the board*.
Professions exempt from obtaining state registration, as long as practitioners do not practice or advertise that they practice massage therapy, include: reflexologists, movement educators (Feldenkrais, Trager), energy workers (Reiki, Shiatsu, Asian Bodywork, Polarity), structural integrators (Rolfing and Hellerwork)
Indiana
Applications for state certification in Indiana are available at the State Board of Massage Therapy website:
http://www.in.gov/pla/massage.htm. Certification applications and instructions are available at
http://www.in.gov/pla/2929.htm.
State certification is a title protection act. Two titles are protected - "Certified Massage Therapist" (CMT) and "Massage Therapist"(MT). Only practitioners using these titles need to apply for state certification.
Existing practitioners were able to qualify for certification under the grandfathering requirements until July 1, 2009. An applicant would provide
one of the following:
- IRS income tax records from 2 consecutive years reflecting that the applicant has been a massage therapist;
- Business records from 2 consecutive years reflecting that the applicant is a massage therapist;
- Proof of completion of a 500-hour supervised classroom and hands on massage therapy program
- Completion of a program in massage therapy accredited by The Indiana Commission of Proprietary Education, or a school in another state with substantially equivalent standards, or a school approved by the board.
- Therapist was enrolled in a massage therapy program that required at least 500 hours of supervised classroom instruction before July 1, 2007 and graduated before January 1, 2008.
Those who did not start practicing in Indiana until after January 1, 2009 will not qualify under grandfathering. They must apply under the regular certification process, which will require them to take an approved exam.
Colorado
Colorado passed legislation requiring registration of massage therapists in 2008. For a year after applications for state registration become available, existing practitioners will be able qualify for state registration by meeting one of these three criteria:
- The applicant has completed a minimum 300-hour massage therapy program and has a minimum of 5 years professional experience, OR
- The applicant has completed a minimum 500 hour massage therapy program, OR
- The applicant has passed either the Massage and Bodywork Licensing Exam offered by the Federation of State Massage Therapy Boards (FSMTB) or one of the National Certification Exams (NCE) offered by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB).
Once a massage therapist becomes state registered, no further requirements need to be met. Massage therapists will be required to renew their state registration every 2 years. There are no state mandated continuing education requirements to renew.
Colorado’s Department of Regulatory Agencies (DORA) adopted emergency rules establishing a Good Faith Provisional Registration process. This process provisionally registers any individual as a massage therapist who took steps to comply with Colorado law by April 1, 2009, but who will not have received their registration by that date.
Massachusetts
In Massachusetts, the grandfathering provision deadline has been extended for massage therapists to Dec. 1, 2009.
Massage therapists can qualify for a state massage therapy license under the
grandfathering provision prior to December 1, 2009 if they meet any
one of these three options:
- They have held a massage therapy license in a Massachusetts community within the last 2 years (usually issued by the Municipal Board of Health), or
- They are certified by the National Certification Board of Therapeutic Massage and Bodywork, or
- They have provided 500 hours of paid professional practice within the last 5 years.
Applicants may also qualify for a state license by meeting the 500-hour education requirement and submitting sealed transcripts with their application.
All massage therapists must have a state license to practice.
Separately, regulations for Facility licensure are now in effect. Locations offering massage in the Commonwealth are required to have a current Massage Establishment License. Penalties of up to $1,000 can be assigned for the first violation.
A practitioner in private practice at one location will have to complete a form and send a $50 fee. A massage establishment or facility at one location where more than one massage therapist practices will have to complete a form, appoint a Compliance Officer, develop a compliance plan, and submit both with a $150 fee to the board.
The Massage Therapy Establishment license is
not required for the following:
- Any healthcare facility licensed by the Massachusetts Department of Public Health;
- Locations at which massage therapy services are rendered only an occasional or outcall (both terms are defined in the rules and regulations) basis;
- Board approved continuing education programs;
- Locations at which chair massage is exclusively done;
- Locations at which massage therapy is offered for not more than twenty-four hours in a one-week period every six months at a public or charitable event with a primary purpose unrelated to massage.
New Jersey
In January of 2008, New Jersey’s Gov. Corzine signed Senate Bill 2536 into law, which amends the current voluntary certification law. The amendment establishes a practice act requiring mandatory licensing of massage and bodywork therapists, as well as establishing a Board of Massage and Bodywork Therapy. The bill eliminates regulatory jurisdiction over "somatic therapy," and allow licensed practitioners to treat illness, impairment, and disability, which they are forbidden to do in current law. The grandfathering provision was extended for 360 days after the date applications become available to existing practitioners who are not currently state certified if they have been practicing:
- Full-time for at least two years, or
- Part-time for five years and have 200 hours formal massage or bodywork education
After the grandfathering period is complete practitioners will need one of the following to qualify for a license:
- Successful completion of a 500-hour in-class massage therapy program, or
- Successful completion of a written examination approved by the board.
Practitioners exempt from the law, as long as services are not implied to be massage and bodywork therapy, are:
- Those who limit soft-tissue manipulation to the hands, feet and ears.
- Those who use touch, words and directed movement to deepen awareness of existing patterns of movement in the body and the client remains clothed.
As of last spring, Governor Corzine has appointed members to the New Jersey Board of Massage and Bodywork Therapy. The board, named below, is charged with the responsibility of writing the rules and regulations to implement the law.
Ronald P. Mondello, Esq. (Kinnelon, Morris)
Deborah K. Zastocki, FACHE (Randolph, Morris)
Alan G. Vonderahe (Sparta, Sussex)
Deborah R. Overholt (Mount Laurel, Burlington)
Christine Gill Rose (Toms River, Ocean)
Cynthia Sincropi-Balena LMT, CMT (Belle Mead, Somerset)
Mark J. Carangelo LMT (East Brunswick, Middlesex)
Glenn H. Stoll, NCTMB (Ringwood, Passaic)
Pennsylvania
In Pennsylvania, House Bill 2499, a legislative proposal to license massage therapists, was signed into law by Governor Rendell Oct. 9, 2008. The law required the governor to appoint a regulatory board to implement the law. The Pennsylvania State Board of Massage Therapy held its first meeting on August 5, 2009. The board, named below, is charged with the responsibility of writing the rules and regulations to implement the law.
The board members are:
- Loreli H. Bauer, professional member, Bucks County
- Nicole Beck, Office of Attorney General Designee, Dauphin County
- Toni L. Felice, public member, Butler County
- Susan Gobreski, public member, Philadelphia County
- Robert C. Jantsch, chairman, professional member, Allegheny County
- Martha Kollar Malina, vice chairwoman, professional member, Dauphin County
- Donna K. Ponessa, professional member, Lancaster County
- William F. Vogel, professional member, Allegheny County
As previously reported, the law will allow existing practitioners to qualify for a license without obtaining additional education or taking an exam. To qualify for a license under the grandfathering provision an applicant will be required to demonstrate they have actively practiced massage therapy and meet ONE of the following requirements:
- Has been in active, continuous practice for a minimum of 5 years; OR
- Has passed a massage therapy exam that is part of a certification program accredited by the National Commission of Certifying Agencies (NCCA); OR
- Has completed a minimum of 500 hours of massage education; OR
- Has completed at least 100 hours of massage education and passed the National Exam for State Licensure (NESL) offered by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB); OR
- Has completed at least 100 hours of massage education and passed the Massage and Bodywork Licensing Exam (MBLEx) offered by the Federation of State Massage Therapy Boards (FSMTB).
Once a massage therapist obtains a license through the grandfathering provision, the only requirement for maintenance of his or her license would be to complete 24 hours continuing education for renewal every two years.
To qualify for licensure after the grandfathering provision expires, an applicant must have completed a minimum 600 hour massage therapy program and pass an exam approved or administered by the board.
Professions exempt from massage therapy licensure include energy work, movement education, and reflexology.
California
In September 2008, Governor Arnold Schwarzenegger signed SB 731 into law. When fully implemented, the new law makes available regulatory relief for the nearly 40,000 individuals practicing massage therapy in California.
Neither does this bill mandate anything for individual massage practitioners. It is a voluntary certification bill. Those who qualify, elect to seek, and secure a certification from the yet to be formed California Massage Therapy Organization will gain the right to practice anywhere in the state without having to secure massage therapy licenses from individual cities or counties. Potentially, the cost of a state-level certification will be meaningfully less than what many individuals are paying now for local permits.
SB 731 appears to solve a huge problem with the practice of massage within California. This law looks at bona fide massage therapists as professionals. Those electing to become certified will be able to have their qualifications vetted by a knowledgeable massage organization.
As of Sept. 1, 2009, the California Massage Therapy Council (CAMTC) is fully open for business, receiving and processing applications for statewide certification as Certified Massage Therapists (CMT) or Certified Massage Practitioners (CMP).
This opportunity is the culmination of eight years of extensive ABMP involvement addressing inequities in local government regulation of massage practitioners. Most of those years involved crafting legislative solutions and battling to get a bill signed into law. SB 731 was that vehicle; it became effective January 1, 2009.
CAMTC certification is
voluntary. The design is to allow someone to continue practicing massage therapy (following local city and county ordinances) without securing CAMTC certification. Some municipalities are, however, electing to step away from massage licensing activities, instead requiring individuals to secure CAMTC certification.
Reasons to Certify
Even where it remains voluntary, there are excellent reasons to seek CAMTC certification:
- Cost: A single $150 fee (plus an estimated one-time $80-$95 charge for live-scan fingerprinting and related ID costs) covers an initial 24 months; renewal for the next 24 months will cost only $125 (with no need to repeat fingerprinting);
- Pre-emption: While massage therapists still will need to secure a local government business license if they have their own practice, possession of CAMTC certification will exempt them from local government massage licensing requirements and fees;
- Portability: With CAMTC certification, massage therapists can practice anywhere in the state;
- Title Protection: Only individuals holding CAMTC certification will be permitted to use within California the titles “Certified Massage Therapist” or “Certified Massage Practitioner” or similar wording or abbreviations1;
- Visibility: Consumers will be able to verify on a website who is or isn’t certified; over time, consumers may begin to establish a preference for certified individuals.
States without licensing requirements:
- Alaska
- Idaho
- Kansas
- Minnesota
- Oklahoma
- Vermont
- Wyoming
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