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ABMP Legislative Report
Arizona 9/28/07 3/3/06 4/20/05 3/04/05 8/11/04 1/21/04 1/14/04 10/29/03 5/23/03 4/24/03 1/31/03 11/18/02 5/17/02 2/20/02 9/28/07: Fee change Effective October 1, 2007, the fee for the fingerprinting that is required for background checks, will change to $24. The total application fee will change to $189.00. Education hour increase Effective January 1, 2008, in order to qualify for an Arizona massage therapy license an applicant will be required to complete an approved massage program of 700 hours. Previously, completion of a 500 hour program was sufficient. 3/3/06: The Arizona Board of Massage Therapy met on Monday, February 27, 2006 to accept public comment on their intention to raise the educational requirements for state licensing and decrease the licensing fees. Proposed education hour increase Arizona has regulated massage therapy since July 1, 2004. The number of educational hours required for licensure is 500. The law includes a provision allowing the Board of Massage Therapy to increase the minimum classroom hours after July 1, 2006. The Board received a formal request from the Arizona Chapter of American Massage Therapy Association (AMTA-AZ) asking that the hours be increased to 700. The change would be implemented on January 1, 2007. Les Sweeney, Executive Vice President, spoke in opposition to the increase in educational hours on behalf of Arizona ABMP members. While the decrease in licensing fees are appropriate and appreciated, the proposed increase in classroom hours will affect future students of massage therapy, increasing their tuition by several thousand dollars. Schools will also be affected, having to modify and add to curriculum to satisfy the new 700-hour requirement. ABMP feels that the current requirement of 500 hours of education is appropriate for entry into the massage profession. This is the level recognized by the American Massage Therapy Association and National Certification for Therapeutic Massage and Bodywork, in addition to ABMP. No explanation has been made to justify the proposed increase in training requirements. In its description of the proposed changes, the board stated the nationwide trend has been to increase hours. This is simply not the case. ABMP will continue to be engaged in the process. The proposed changes will have to be reviewed by the Governor’s Regulatory Review Council. Proposed fee changes Initial license application - $165 (from $250) Renewal fee - $75 (from $250) Delinquent renewal fee - $40 (from $125) Board position opening There is currently an open seat on the Board of Massage Therapy. ABMP would be supportive of a member who wishes to apply for the position through the Governor’s office. Qualifications include:
4/20/05: House Bill 2521 was signed into law by Governor Napolitano on April 20, amending the state’s licensing requirements as follows: 1. Extends, retroactive to January 1, 2005, the deadline for massage therapists to obtain licensure with the Board to July 1, 2005. 2. Extends the deadline for massage therapists to obtain provisional licensure from July 1, 2005 o January 1, 2006. 3. Requires the national examination designated by the Board be available to a graduating massage therapy student within 90 days before the student’s expected graduation date. 4. Requires the examination to be processed and the results be returned to the Board within 30 days after the examination is administered. 5. Requires the Board to designate a different examination for applicants to pass if the current testing agency administering the examination fails to comply with the testing time frames within six months of the effective date of the changes. 6. Allows an applicant, as an option for licensure qualification, to submit proof that the applicant has passed an ability to benefit examination recognized by the U.S. Department of Education. 7. Removes the requirement that an applicant complete 500 hours of supervised instruction at a Board recognized school and pass a national examination and, instead, requires applicants to either: a. complete 500 hours of supervised instruction at an accredited Board recognized school in Arizona. b. complete 500 hours of supervised instruction at an Arizona school licensed by the State Board of Postsecondary Education or at a school outside of Arizona recognized by the Board and pass an accredited national examination. 8. Prohibits applicants for licensure from being convicted of a class 4, 5 or 6 felony offense involving moral turpitude or a misdemeanor involving prostitution or solicitation or other similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy within the five years preceding the date of the application. Applicants are still prohibited from being convicted of a class 1, 2 or 3 felony within the five years preceding the date of the application. 9. Changes the date given for the Board to increase the minimum number of classroom hours of supervised instruction required for licensure from after July 1, 2005 to after July 1, 2006. 10. Requires a temporary license applicant to have completed a course in massage therapy at an institution that is recognized by the Board and meet specified minimum requirements. 11. Extends the validity period of temporary licenses from 120 to 180 days. 12. Sets the two-year license renewal requirement to the date of the licensee’s birthday. A license issued before January 1, 2006 expires on the licensee’ birthday following the expiration of the initial two-year licensure period. 13. States specified activities are sexual activity if the actions are intended to appeal to the prurient interests of the massage therapy client or the massage therapist. 14. Makes technical and conforming changes. 15. Becomes effective on signature of the Governor, if the emergency clause is enacted. 3/04/05: House Bill 2521 was introduced by Representative Knaperek to amend the existing massage therapy law. The proposal would require the state to establish more than one examination option for candidates instead of just the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB). In addition, it would allow licensure candidates to obtain a temporary license to practice until their examination and application process was completed. In addition, it would allow graduates from Arizona accredited schools to obtain a license without taking the examination. At press time, the bill was under consideration in the House. 8/11/04: State licensing for massage therapists in Arizona began as of July 1, 2004. Therapists have until January 1, 2005 to actually obtain their license, providing their city license (if applicable) does not expire prior to this date. 1/21/04: A Clean Up Bill for the massage therapy regulation that was adopted in 2003 will go before the Senate Health Committee on Thursday January 22nd at 8:30am. The language from Sentate Bill 1087 addresses educational issues as well as changes the licensure effective date from July 1, 2004 to January 1, 2005. For a complete copy of Senate Bill 1087, visit www.azleg.state.az.us/. If there are areas of the massage regulation law that you are interested in seeing amended, we encourage you to contact members of the committee listed below by email. Senator Carolyn Allen Senator Linda Binder Senator Robert Cannell Senator Jorge Luis Garcia Representative Phil Lopes Senator Jack Harper Senator Toni Hellon Senator Barbara Leff Senator Richard Miranda Senator Ken Bennett Please copy the Chairman of the Massage Board and initiator of SB 1087, Dr. Craig Runbeck at info@massageboard.state.az.us 1/14/04: Visit the Arizona State Board of Massage Therapy at www.massage.state.az.us State of Arizona Board of Massage Therapy 1400 West Washington, Suite# 230 Phoenix, Arizona 85007 By phone: (602) 542-8604 By FAX: (602) 542-3093 E-mail: info@massageboard.state.az.us www.massage.state.az.us 10/29/03: Statewide regulation in Arizona will go into effect on July 1, 2004. ABMP will provide the Board of Massage Therapy a list of ABMP members once the application process is finalized and applications are ready to be sent. 5/23/03: Senate Bill 1103 has been passed by both houses of the Arizona Legislature and signed into law by Governor Napolitano. Arizona becomes the 32nd state to regulate massage therapy. The law became effective immediately after the governor signed the bill. For a complete copy of the bill visit go to http://www.azleg.state.az.us/legtext/46leg/1r/bills/sb1103h%2Epdf. Here are the primary elements of the new law: Date license will be required: July 1, 2004 Education Requirements An applicant for licensure must have completed a course of study of massage therapy or bodywork therapy consisting of a minimum of 500 classroom hours of supervised instruction at a board approved school. "Board-approved school" is defined as a school approved by the state board for private postsecondary education or a school or program in another state that meets the criteria. After July 1, 2005, the new board may increase the minimum number of classroom hours. This amendment was inserted into the bill in the last several weeks, largely from the efforts of a school in Tucson. This clause could allow the law to be changed in as little as one year after it goes into effect. ABMP intends to remain engaged in the process to make sure any suggested changes in the law are considered for the benefit of the entire profession, not just specific parties with an agenda to arbitrarily increase education hours. In addition, applicants must have passed an examination administered by a national board accredited by the certifying agency that has been approved by the National Commission on Competency Assurance, or have passed an examination that has been approved by the board. This essentially means new applicants will have to pass the National Certification Examination for Therapeutic Massage and Bodywork or the National Certification Commission for Acupuncture and Oriental Medicine. Grandfathering Provision Any currently practicing therapist will be able to get a state license without meeting the above requirements, should they be able to satisfy one of the following criteria: 1. Has completed a minimum of 200 hours education (at a state-approved institution) and continuously practiced massage in the state before May 12, 2003 (the effective date of the law). 2. Been practicing as a massage therapist since December 31, 1992. 3. Holds a current professional license from a municipality or political subdivision of Arizona that regulated the practice of massage before May 12, 2003. http://www.azleg.state.az.us/legtext/46leg/1r/bills/sb1103h%2Epdf Licenses will be issued for two years at a time. The fee will be $250 for the two-year period. At the time of renewal, evidence of completion of 25 hours of counting education, as approved by the board, must be submitted. Once the board is established, ABMP will provide the state with mailing labels to ensure our membership receives applications for licensure. ABMP has been involved in the legislative process in Arizona the past two and one-half years, ably represented by Jim Lockett of Tempe on the Arizona Coalition for Massage Therapy. There are some elements of the bill that certainly aren't perfect (cost of licensing, possible escalator for hours), but we are pleased with the effort made, considering the original proposal was seeking a 1000 hour requirement and no local pre-emption. Legislation, however, is not an end; it is a beginning, and more issues will likely crop up related to massage licensing in Arizona, especially since there are still parties actively beating the drum for a higher educational hour requirement. We will keep you posted regarding any further activity. 4/24/03: Senate Bill 1103 was amended by the House Committee of the Whole on April 15th, and will next be reviewed by the Senate. Should the bill pass and be signed by the governor, it would take effect immediately. Licenses would not begin to be issued until July, 2004. 1/31/03: The Arizona Coalition for Massage Therapy and Bodywork submitted another application to the Arizona Joint Legislative Action Committee for Sunrise review. The Health Committee approved the coalition's application. The next step toward legislation is to propose a bill, which will likely be submitted when the 2003 session begins. ABMP member Jim Lockett continues to serve on the Coalition, and has been working diligently to ensure that any proposal serves the best interests of ABMP members. The legislative session began on January 13. 11/18/02: Arizona Legislative Survey Report Associated Bodywork & Massage Professionals sent a legislative survey to its 748 Arizona members in July 2002. By Sept. 30, 355 members had responded, or 47.4% of those surveyed. The primary objective of the survey was to confirm the level of support by Arizona ABMP members toward various elements of a proposal to license massage therapists. The Arizona Coalition for Massage Therapy & Bodywork had submitted a legislative proposal in 2001 that included requirements that were opposed by ABMP as not consistent with national standards. After meeting in May 2002 with the Arizona chapter of the American Massage Therapy Association, ABMP volunteered to re-survey its members with specific questions related to the Arizona proposal. The primary area of consideration was the hour requirement for licensing, along with requirement of the National Certification Examination. Please choose one of the following statements: I favor a 500-hour educational requirement with the National Certification Examination as an option, not a requirement. 51.0% I favor a 500-hour educational requirement with the National Certification Examination as a requirement. 17.7% I favor a 700-hour educational requirement with the National Certification Examination as an option, not a requirement. 22.3% I favor a 700-hour educational requirement with the National Certification Examination as a requirement. 9.0% Distilling the results along the two variables, ABMP members strongly favor a 500-hour requirement (68.7%), and feel the National Certification Examination should be an option, not a requirement (73.3%). Only 9% supported the coalition's existing proposal. ABMP members showed support for reciprocity in a licensing proposal, with 77.8% strongly or somewhat agreeing. ABMP members also felt strongly that any state regulation should supercede any local ordinances (81.4% strongly or somewhat agreeing). 5/17/02: The House and Senate versions of a proposal to introduce a massage therapy licensing law both were held this session, meaning they would not be considered further. The Arizona Coalition for Massage Therapy and Bodywork is hopeful for consideration next session; ABMP voiced dissatisfaction with the bill drafted and is working toward an amended bill that would be more consistent with accepted standards in the areas of educational hours, program approval, and reciprocity. 2/20/02: A bill seeking to regulate the massage therapy field was introduced in the Arizona State Legislature. House Bill 2111 and its companion Senate Bill 1044 were introduced January 15, 2002. Both bills were "held" before being presented at a public hearing, which means that both bills are effectively dead for this legislative session. A letter to ABMP Executive Vice President Les Sweeney from the Senate Bill's sponsor indicated that the bill died due to lack of support from the Occupational Therapy Board, which was identified as the sponsoring agency for a proposed Massage Therapy board. ABMP had communicated to the sponsors that the legislation was flawed in the current form, and urged amendments prior to consideration. The Arizona Coalition for Massage Therapy is continuing to meet and Different Strokes will keep you posted on the coalition's attempts to get legislative recognition. |