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ABMP Legislative Report
Indiana 02/29/08 05/15/07 05/04/07 04/18/07 04/03/07 02/23/07 01/26/07 12/12/06 3/15/06 1/23/06 1/18/06 5/2/05 4/20/05 3/04/05 9/15/04 6/3/04 2/10/04 11/18/03 5/28/03 4/24/03 1/27/03 5/17/02 2/20/02 2/1/02 5/18/01 4/18/01 1/23/01 02/29/08: Governor Daniels has made the initial appointments to the Indiana State Board of Massage Therapy. ABMP is disappointed to not have any of our members appointed, despite having at least 12 members apply for consideration. The new board members will attend an orientation meeting on Monday, March 3rd. ABMP will closely monitor the rule-making process and report back to members. Barbara Lis, Massage Therapist (American Massage Therapy Association member) Ann Botka, Massage Therapist (American Medical Massage Association member) Deborah Ellis, Massage Therapist (Independent of a massage therapy organization) Roger Reeves, Consumer Member Gary Padjen, Consumer Member A positive note: You may be aware of blurred scope of practice issues that have allowed Indiana estheticians to perform full body massage without specific massage therapy training outside of their esthetics training. Senator Sue Errington has introduced a Senate Resolution 34 that urges the legislature to address this topic as soon as possible now that there is a definition of “massage therapy” in state law. Just as massage therapists do not have the proper training to provide esthetic services, estheticians do not have the proper training to provide massage therapy. On average, massage therapists receive 100-150 hours of anatomy and physiology education, which is necessary to address the most common reason consumers seek massage therapy: back or neck pain. Estheticians receive very little anatomy and physiology and massage therapy instruction in their training; certainly not enough to provide competent massage therapy to clients requesting treatment for a variety of conditions, including chronic pain. If you are aware of estheticians advertising and providing massage therapy services in your area, or if you are aware of any harm being caused by this practice, please contact me directly at jean@abmp.com. To read Senate Resolution 34, go to: http://www.in.gov/legislative/bills/2008/PDF/SRESF/SR0034.pdf 05/15/07: Governor Daniels signed SB 320 into law on May 9, 2007. The new law will establish a State Board of Massage Therapy and create state certification for massage therapists. The law goes into effect on July 1, 2007 and Governor Daniels will appoint board members by January 1, 2008. State certification is a title protection act. SB 320 protects only two titles, “Certified Massage Therapist” (CMT) and “Massage Therapist”(MT). Only practitioners using these two titles need to apply for state certification. Until July 1, 2009, existing practitioners will be able to qualify for certification under the grandfathering requirements. An applicant would provide one of the following:
Board Applications: ABMP would encourage any member interested in serving the profession to apply for a position on the Board of Massage Therapy. ABMP will be glad to provide a letter of endorsement. The Board will consist of three massage therapists and two public members. Members will serve a three-year term. Please contact Jean Robinson at jean@abmp.com or 800-458-2267 extension 645 if you’re interested in applying. 05/04/07: Senate Bill 320, which would establish massage therapy state certification, was amended in conference committee, passed the House and Senate, and now awaits the Governor’s signature. ABMP supports the changes made in the conference committee, but the bill still has one glaring omission. The conference committee made the following amendments:
To view the entire bill, go to: http://www.in.gov/legislative/bills/2007/PDF/SE/SE0320.1.pdf To encourage Governor Daniels to sign SB 320 call 317-232-4567. 04/18/07: CALL TO ACTION Register your views on Indiana Senate Bill 320! Senate Bill 320, which would establish massage therapy state certification, has been amended. ABMP opposes the passage of the bill in its current form. The bill was amended to include biased language, restrictive examination options, and has been used to carry language regarding the psychology field. It is does not have the interests of the massage therapy profession or massage therapy consumers at heart. We encourage you to voice your opposition. Key elements of what is wrong with the bill:
Members of the conference committee: Sen. Errington, s26@in.gov or call 317-232-9526 Sen. Miller, s32@in.gov or call 317 232-9489 Sen. Becker, s50@in.gov or call 317 232-9494- Vanderburgh, Warren Co. Rep. Frizzel, h93@in.gov or call 317 232-9600 Rep. Klinker, h27@in.gov or call 317-232-9822- Lafayette Rep. Bishoff, h68@in.gov or call 317-232-9834 Rep. Crouch, s78@in.gov or call 317-232-9759 - Evansville area 04/03/07: CALL TO ACTION Register your views on Indiana Senate Bill 320! Senate Bill 320, which would establish massage therapy state certification, has been amended. ABMP opposes the passage of the bill in its current form. The bill was amended to include biased language, restrictive examination options, and has been used to carry language regarding the psychology field. It is does not have the interests of the massage therapy profession or massage therapy consumers at heart. We encourage you to voice your opposition. Key elements of what is wrong with the bill:
To find out whom your Representatives are go to: http://www.in.gov/apps/sos/legislator/search/ To call: Senate operator – (317) 232-9400 or (800) 382-9467 House operator - (317) 232-9600 or (800) 382-9842 02/23/07: As we reported in January, there are two competing bills in the Indiana State Legislature this session addressing a statewide regulation for massage therapists. Senate Bill 469, a licensing bill sponsored by Sen. Landske, was supported by ABMP and AMTA – Indiana Chapter. However, SB 320, the certification bill sponsored by Sen. Miller, was passed out of the Senate Health and Provider Services Committee. If SB 320 should pass, it would require massage therapists to become state certified. The law would provide essentially the same regulation that a licensing law would. However, an amendment offered by Sen. Miller at the hearing on Wednesday, February 21st has raised concerns. The amendment passed and the following key requirements were changed:
To find out who your Senator is go to: http://www.in.gov/apps/sos/legislator/search/ 01/26/07: The Indiana legislative session has begun and two competing bills were introduced in the Senate that would affect massage therapists if passed. Senate Bill 320, sponsored by Sen. Patricia Miller, would state “certify” massage therapists. Senate Bill 469, sponsored by Sen. Sue Landske, would state “license” massage therapists. Both bills would generally accomplish one primary objective. Indiana massage therapists would be state regulated vs. regulated by the fragmented local requirements currently in place. ABMP supports SB 469. All of the fundamental aspects a licensing bill are included in SB 469. We believe that the word “certified” would confuse the issue because most massage therapist’s already call themselves certified because they obtained certification from the school they attended, or may be certified by a certification program. To view SB 469 go to: www.in.gov/apps/lsa/session/billwatch/billinfo?year=2007&request=getBill&docno=469 To qualify for licensure and applicant must satisfy the following:
Action: 317-232-9400 is the phone number for the Senate operator who will then direct your call. Call Sen. Miller and voice your support SB 469. Call Sen. Landske and thank her for sponsoring SB 469. Call your Senator and ask for their support of SB 469. To find out who your Senator is go to: www.in.gov/apps/sos/legislator/search/ 12/12/06: 12th Annual Massage Therapy Awareness Week We invite you to participate in Massage Therapy Awareness Week hosted by ABMP and AMTA - Indiana Chapter. We are seeking volunteers to provide chair massage between 9:00 a.m. – 4:00 p.m each day at the Capitol. This is an excellent opportunity to advocate for the profession and communicate with legislators, their staff and the public about the benefits of massage therapy. When: February 5 – 9, 2007 Where: The Indiana State Capitol Building, 200 W. Washington Street Indianapolis, IN 46204-2786 Time: Volunteer for a 2-hour time period between 9:00 a.m.- 4:00 p.m. BYOC: Bring Your Own Chair! (There will be a couple chairs available for those who don’t have their own.) Sanitizer, paper towel, client intake forms and water will be supplied. To volunteer: Contact Barb Lis at 219-696-0672 (h) or 219-712-9844 (c), or lis@netnitco.net Map, directions and free parking are available. 3/15/06: Despite support from both ABMP and the American Massage Therapy Association Indiana Chapter (AMTA-IN), House Bill 1098 died in the Senate Committee on Health and Provider Services. The bill would have licensed massage therapists and created a state board of massage therapy. After a hearing on the bill, Chairman of the committee, Senator Patricia Miller did not allow for a vote. ABMP expects legislation to be introduced again next year. 1/23/06: House Bill 1098 was approved by the Committee on Public Policy and Veterans Affairs of the House of Representatives. It will next come before the entire House for a vote sometime in the next few weeks. If it passes there, it will be heard by the Senate. 1/18/06: PLEASE NOTE: The bill number is 1098 (not 1089). Legislative Activity in Indiana To: Indiana ABMP Members January 18, 2006 From: Les Sweeney, ABMP Executive Vice President House Bill 1089 was introduced January 12, 2006 to the Committee on Public Policy and Veterans Affairs. The bill would establish the State Board of Massage Therapy and require licensing of massage therapists. If enacted by the General Assembly of the State of Indiana, the law would go into effect July 1, 2006. I have reviewed the proposed legislation and am comfortable with the particulars related to the licensing requirements. In the bill, “Massage Therapy” is defined as the therapeutic application of massage techniques on the human body, including the use of touch, pressure, movement, positioning, and holding, with or without the use of massage devices that mimic or enhance manual measures; the external application of heat, cold, water, lubricants, and abrasives; and does not include joint manipulation or spinal adjustment. Requirements to obtain a license would include:
The American Massage Therapy Association, Indiana Chapter and ABMP are participating in Indiana Massage Therapy Awareness Week, January 30 – February 3, 2006. For the Eleventh consecutive year, volunteer therapists will be offering free chair massage to the legislators, staffers and the general public in the rotunda of the State House in Indianapolis. If you are interested in participating please contact: Barbara Lis, 219-696-0672 (h), 219-712-9844 (c), e-mail: lis@netnitco.net; or Jennie Irving, 765-396-9507 (h), 765-748-1729 (c), e-mail jenirving@aol.com. 5/2/05: Senate Bill 139 to regulate massage therapy was adopted in the House of Representatives and made it to the Senate, only to be refused in the conference committee before it went to the Governor's office for signing. As of May 2, 2005, this bill to create a massage therapy board died. ABMP will notify members if it is reintroduced in 2006. 4/20/05: Indiana Senate Bill 139 has resuscitated the effort to enact statewide regulations for massage in the state. The initial bill offered this session, House Bill 1390, died as a result of a walkout by Democratic Legislators regarding a different partisan issue. There was no quorum and therefore no legislation could move forward. Senate Bill 139 is a broad professional licensing bill to which the language of House Bill 1390 was tacked on; if the bill passes as written, it would essentially do the same as HB 1390 would have done. Information regarding HB 1390 was mailed to all ABMP Indiana members in March. 3/04/05: House Bill 1390 was introduced January 13, 2005 to the Committee on Public Health to regulate massage therapy, and would establish the State Board of Massage Therapy. If enacted by the General Assembly of the State of Indiana, the law would go into effect June 1, 2005. In the bill, "Massage Therapy" is defined as the therapeutic application of massage techniques on the human body, including the use of touch, pressure, movement, positioning, and holding, with or without the use of massage devices that mimic or enhance manual measures; the external application of heat, cold, water, lubricants, and abrasives; and does not include joint manipulation or spinal adjustment. Requirements to obtain a license would include: * Have successfully completed a program that requires at least 500 educational hours of supervised classroom instruction in massage therapy, which has been approved by the Indiana Commission on Proprietary Education or its equivalent in another state. * Have taken and passed one of the following: - National Certification Exam for Therapeutic Massage and Bodywork (NCETMB), or - An examination created and approved by the board, or - An equivalent massage examination accredited by the National Commission of Certifying Agencies (NCCA). A Grandfathering period of two years (through June 30, 2007) is included in the bill. Grandfathering is available for applicants who have practiced massage therapy after June 30, 2000 and before July 1, 2005, provided the applicant meets one of the following: 1. A combination of 2 of the following: a. 3 letters of recommendation from a physician, a client, clergy member, and/or an employer; b. Tax returns from 2 consecutive years proving employment in massage therapy; c. A schedule book of clients 2. Proof of current membership in good standing in a professional association requiring 500 hours of education as a condition of membership 3. Copy of a diploma, transcript or certificate of completion of a massage school accredited by the Indiana commission on proprietary education, or from another state with substantially equivalent standards, or from a program at an institution approved by the board. 4. The board may also grant a license to any student who enrolled in a program of at least 500 hours before March 1, 2005 and graduates before January 1, 2006. For a complete copy of the bill visit www.in.gov/legislative/bills/2005/IN/IN1390.1.html 9/15/04: The Indiana chapter of the American Massage Therapy Association has invited members of ABMP to attend the following meetings regarding their effort for statewide licensing. Massage Licensing Forum Resolve your fears and myths Voice your concerns "Licensing-find out what it's all about" Join us for an opportunity to get the facts straight about licensing. Clear up the rumors and fears of the unknown. How does this affect you? Will it put Massage Therapists already practicing out of business? Will you qualify for grandfathering? Find out what's it all about. Everyone is welcome to attend whether you agree or disagree with what is happening in the massage profession. Let your voice be heard. Bring someone with you that should hear the information too. AGENDA Introduction of Speakers History of Licensing Process Update of Current Events Questions and Answers For more information: Call. Barbara Lis, 219-696-0672 or Kip Treece, 765-446-3883 Meeting Dates and Locations: Saturday, September 25, 2004, 3:30-5:00pm Center for Vital Living School of Massage Therapy 6109 W. Jefferson Blvd. Ft. Wayne, Indiana 46804 Rsvp contact: Dorinda Moreau, 260-432-1163, backontrack@fwi.com Wednesday, October 27, 2004, 6:30-8:00pm Lake County Public Library 1919 W. 81st Ave. (US 30) Merrillville, Indiana 46410 Rsvp contact: Barb Lis, 219-696-0672 lis@netnitco.net Saturday,November 6, 2004, 7:00-8:30pm French Lick Springs Resort and Spa 8670 West State Road 56 French Lick, Indiana 47432 Rsvp contact: Barb Lis, 219-696-0672 @netnitco.net Monday, November 8, 2004, 6:30-8:00pm McKenzie Career Center 7250 E.75th Indianapolis, Indiana 46256 Rsvp contact: Vickie Brubaker 317-576-0189 hands@lifegrid.com 6/3/04: Indiana's legislative session adjorned March 14, 2004. House Bill 1071 died in committee. The bill would need to be reintroduced next year in order to be considered in the 2005 ssession. 2/10/04: House Bill 1071, a bill to license massage therapists, was introduced and referred to the Committee on Commerce and Economic Development on January 20, 2004. If passed, regulations would go into effect on July 1, 2004. A Grandfathering period would extend from July 1, 2004 to July 1, 2006 and grandfathering options include: Provide the board with two (2) of the following- . Letters of recommendation from three (3) of the following- a physician, a massage therapy client, a member of the clergy or an employer that employes the applicant in the practice of massage therapy. . Internal Revenue Service tax return forms from two (2) consecutive years that reflect that the applicant has been employed in the practice of massage therapy. . A schedule book of massage therapy clients from two (2) consecutive years. OR . Provides proof of current membership in good standing in a massage or massage therapy professional association that requires at least five hundred (500) hours of supervised classroom instruction. OR . Provides a copy of a diploma, transcript, certificate, or other proof of completion of a massage school accredited by the Indiana Commission on Proprietary Education or accredited by another state where the standards are substantially the same as Indiana's. Licensure by endorsement includes the following options: . Is licensed, certified or registered in another state or country with credentialing standards that are substantially equivalent to Indiana's. . Holds a current certification from the National Certification Board for Therapeutic Massage and Bodywork and is a current member of a professional massage and bodywork therapy association. An applicant who begins practicing massage in Indiana after June 20, 2004, must meet the following licensing requirements: . Furnish evidence satisfactory to the board showing that the individual is at least eighteen (18) years of age, has a high school diploma or the equivalent, successful completion of at least 500 hours of supervised classroom instruction on massage therapy at an Indiana accredited program of instruction, and either the National Certification Exam for Therapeutic Massage and Bodywork or an examination created or approved by the board or an equivalent massage examination accredited by the National Commission of C ertifying Agencies (NCCA). To obtain a complete copy of the bill, please visit www.in.gov/legislative/bills/2004/HB/HB1071.1.html 11/18/03: Indiana Regional Massage therapy Licensing Forums! Agenda Introduction of guest speakers Review facts about the massage licensure bill Resolve myths and fears about the bill Voice your opinions and concerns Find out how you can shape the future of your profession! If you were unable to attend this meeting on November 17th, but have an interest in hosting your own roundtable discussion contact Kip Treece at innerwaves.massage@verizon.net or call (765)446-3883 Efforts are underway to prepare to introduce legislation to the 2004 session. According to the coalition, the bill they intend to introduce is identical to Senate Bill 247, that was introduced in early 2002. To obtain a copy of SB 274, please visit www.state.in.us/legislative/. BMP will continue to maintain contact with the coalition and advise the membership of any progress. 5/28/03: House Bill 1355 and Senate Bill 313 both died in committee the end of April. These bills will not carry over into the next legislative session. 4/24/03: In January two bills to regulate massage therapy, Senate Bill 313 and House Bill 1355, were introduced to Indiana's legislature. Both bills provide for licensing of massage therapists and specify that 500 hours of education and successful passage of the National C ertification Examination as requirements for licensure. A variety of grandfathering options are included in the bills. The bill has been referred to the Committee on Health and Provider Services. To obtain a copy or track the status of the bill, contact (317) 232-9856 or visit www.state.in.us/legislative/. 1/27/03: Earlier this month two bills to regulate massage therapy were introduced to the 2003 regular session of Indiana's legislature. Senate Bill 313 and House Bill 1355. Both Bills provide for licensing of massage therapists and specify requirements that applicants must meet in order to be licensed as massage therapists. The bills also provide that a knowing violation of the massage therapist licensing law is a Class C misdemeanor. If a bill is adopted, requirements for licensure would include a) having a high school diploma or the equivalent, b) being at least eighteen (18) years of age; and c) successfully completing a school or program including at least five hundred (500) hours of supervised classroom instruction; and d) having taken and passed either the National Certification Exam for Therapeutic Massage and Bodywork (NCETMB) or an examination created or approved by the board. Grandfathering: The board may issue a license before July 1, 2005, to any applicant who practiced massage or massage therapy in Indiana after June 30, 1998, and before July 1, 2003, if the applicant meets one of the following conditions: (1) Provides the board with two (2) of the following: (A) Three letters of recommendation, (B) Internal revenue tax return forms from two (2) consecutive years that reflect that the applicant has been employed in the practice of massage or massage therapy. (C) A schedule book of massage or massage therapy clients from two (2) consecutive years. (2) Provides proof of membership in good standing in a massage or massage therapy professional association that requires five hundred (500) classroom hours of schooling. (3) Provides a copy of a diploma, transcript, or certificate, or other proof of completion of a school accredited by the Indiana commission on proprietary education. The state board of massage therapy may issue a license to any applicant who enrolls in a 500 classroom hour massage therapy school or program prior to March 1, 2003 and completes the program by January 1, 2004, provided the school was in good standing with any state, regional, or national agency of government charged with regulating massage therapy programs. ABMP encourages you to be involved in this process by contacting your local representative with your position regarding this bill. Visit ABMP's website at www.abmp.com for updated information. The bill has been referred to the Committee on Health and Provider Services. To obtain a copy or track the status of the bill, contact (317) 232-9856 or visit www.state.in.us/legislative/. 5/17/02: Senate Bill 274, a proposal to introduce a massage therapy licensing law, was referred to the Committee on Health and Provider Services. There was no activity and the session adjourned on March 14, 2002. 2/20/02: Senate Bill 274 was introduced on January 7, 2002 and would provide for licensing of massage therapists. If the bill is adopted, requirements for licensure would include five hundred (500) hours of classroom instruction and successful completion of either the National Certification Exam for Therapeutic Massage and Bodywork (NCETMB) or an examination created or approved by the board. Grandfathering is provided for any applicant that meets one of the following conditions: (1) Provides the board with two (2) of the following: (A) Three letters of recommendation, (B) Internal revenue tax return forms from two (2) consecutive years that reflect that the applicant has been employed in the practice of massage or massage therapy. (C) A schedule book of massage or massage therapy clients from two (2) consecutive years. (2) Is granted a license at the discretion of the board. (3) Provides proof of membership in good standing in a massage or massage therapy professional association that requires five hundred (500) classroom hours of schooling. (4) Provides a copy of a diploma, transcript, or certificate, or other proof of completion of a school accredited by the Indiana commission on proprietary education. 2/1/02: As many of you may recall in 2001, a bill to regulate massage therapy in the state of Indiana was introduced but never made it to the adoption stage within the legislature. The 2002 legislative session has convened and a new draft for regulating massage therapy has been introduced. Senate Bill 274 provides for licensing of massage therapists and specifies requirements that applicants must meet in order to be licensed as massage therapists. The bill also provides that a knowing violation of the massage therapist licensing law is a Class C misdemeanor. If the bill is adopted, requirements for licensure would include a) having a high school diploma or the equivalent, b) being at least eighteen (18) years of age; and c) successfully completing a school program including at least five hundred (500) hours of classroom instruction; and d) having taken and passed either the National Certification Exam for Therapeutic Massage and Bodywork (NCETMB) or an examination created or approved by the board. Grandfathering: The board may issue a license before July 1, 2003, to any applicant who practiced massage or massage therapy in Indiana after June 30, 1997, and before July 1, 2002, if the applicant meets one of the following conditions: (1) Provides the board with two (2) of the following: (A) Three letters of recommendation, (B) Internal revenue tax return forms from two (2) consecutive years that reflect that the applicant has been employed in the practice of massage or massage therapy. (C) A schedule book of massage or massage therapy clients from two (2) consecutive years. (2) Is granted a license at the discretion of the board. (3) Provides proof of membership in good standing in a massage or massage therapy professional association that requires five hundred (500) classroom hours of schooling. (4) Provides a copy of a diploma, transcript, or certificate, or other proof of completion of a school accredited by the Indiana commission on proprietary education. The state board of massage therapy may issue a license to any applicant who enrolls in a 500 classroom hour massage therapy school or program prior to March 1, 2002 and completes the program by January 1, 2003, provided the school was in good standing with any state, regional, or national agency of government charged with regulating massage therapy programs. ABMP encourages you to be involved in this process by contacting your local representative with your position regarding this bill. The bill has been referred to the Committee on Health and Provider Services. To obtain a copy or track the status of the bill, contact (317) 232-9856 or visit www.state.in.us/legislative/. 5/18/01: Underwent its first reading in the Senate and was referred to the Committee on Rules and Legislative Procedudure. Has not seen any activity since March 13, 2001. 4/18/01: Indiana House Bill 1721, a bill which would regulate the practice of massage therapy, was introduced on Jan. 17, 2001. Licensure requirement would include being at least eighteen years of age, having a high school diploma or the equivalent, successful completion of a program that requires at least five hundred (500) hours of study, if the school is in good standing with any state, regional, or national agency of government charged with regulating massage therapy schools or programs and having taken and passed at least one of the following: . The National Certification Exam for Therapeutic Massage and Bodywork (NCETMB), if the exam is recognized by the National Certification Commission Agency (NCCA). . An equivalent massage examination accredited by the NCCA. . An examination created or approved by the Board If the bill were passed, the Indiana State Board of Massage Therapy would be able to issue a license to any applicant who practiced massage or massage therapy in Indiana before July 1, 2001, regardless of whether the applicant meets the licensing requirements set forth. The bill has been through its first reading and has been referred to Committee on Rules and Legislative Procedure. To obtain a copy or track the status of the bill, contact (317) 232-9856 or visit www.state.in.us/serv/lsa_billinfo. 1/23/01: House Bill 1721 was introduced on January 17, 2001 and referred to the Committee on Human Affairs. The bill requires the licensure of massage therapists to practice massage. Requirements for licensure include a high school diploma or the equivalent, at least eighteen (18) years of age, has successfully completed a school or program that requires at least five hundred (500) hours of study at a school in good standing with any state, regional, or nationa l agency of government and has taken and passed at least one of the following: (A) The National Certification Exam for Therapeutic Massage and Bodywork (NCETMB), if the exam is recognized by the NCCA. (B) An equivalent massage examination accredited by the NCCA. (C) An examination created or approved by the board. If passed the bill will take effect on July 1, 2001. For a copy of the bill visit www.state.in.us/serv/lsa_billinfo and search for bill number 1721 or keyword massage therapy. |