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ABMP Legislative Report


Massachusetts
2/4/08
1/7/08
10/11/07
5/9/07
7/17/06
4/20/05
12/28/04
10/29/03
6/3/03
2/12/01




2/4/08: Dear Massachusetts ABMP Member:

Last Friday, I attended a Public Hearing in Boston held by the Massachusetts Board of Registration of Massage Therapy, regarding the board’s proposed regulations. I wanted to report on that meeting and encourage you to consider submitting comments to the board regarding the proposed regulations.

I was one of only a handful of speakers — less than a dozen in total. The topics raised by the speakers included the confusion surrounding the “transition period” and lack of coordination with local Boards of Public Health, the fee structure, as well as some concern expressed by the Asian Bodywork community regarding use of certain terms. I spoke on behalf of ABMP regarding one issue in particular — the board’s interest in increasing the educational hours required for licensure. The current proposed regulations call for the required education hours to increase effective 2010 to 650 hours.

ABMP does not support this recommendation. I was fortunate enough to participate in the coalition that helped draft the licensing law, and at no time did the participants express a concern about the 500-hour education requirement being insufficient. In addition, the coalition did not intend for the board to have the authority to change the requirements to practice; I know this because ABMP would not have supported the licensing effort if that were the case. We do not feel that the educational requirements to practice should be decided by a board of 7 people (in the current case, only 5 – two positions have yet to be filled). This is not a typical circumstance; in nearly every state that licenses massage therapy, any requirements to practice are set in statute and must be changed through the legislature. Our reason for not supporting the proposed increase in hours is as follows:

Licenses are just now being issued to massage therapists, and primarily under the grandfathering clause. The “permanent” educational requirement of completion of a 500-hour program is yet to be enforced, and will not be until the grandfathering requirement expires in May. Given that, how can anyone determine that the 500-hour requirement is insufficient? There is no research that establishes that increased education hours ensure public safety or practitioner prosperity. What we do know is that longer programs cost the student more money to attend. Unfortunately, it appears the board is injecting its bias and not making a decision based on any evidence that the educational requirement set in statute is insufficient. We believe the board is overstepping its authority.

An additional public hearing will be held this Friday, February 8, at 10:00 am at the State Office Building, 436 Dwight Street, Springfield, MA, 01103. Anyone wishing to make a statement can do so in person at the hearing, or can submit written comments. Written comments may be mailed to the Board of Registration of Massage Therapy, 239 Causeway Street, Fifth Floor, Boston, MA 02114, Attention R. Ann Constable, Executive Director or e-mailed to Ann.Constable@state.ma.us. Comments need to be submitted by February 14.

We encourage you to express any concerns with the regulation you may have. Here is a link to my testimony given at the public hearing, as well as a link to the Board of Registration of Massage Therapy’s website.

Warm regards,



Les Sweeney
ABMP President



1/7/08: Massachusetts Licensing Update

The Board of Registration of Massage Therapy is now accepting applications for a state license to practice massage therapy. Municipalities will no longer have jurisdiction over issuing licenses to massage therapists. The state board has sent a letter explaining this change in the governmental oversight of massage therapy to Municipal Health Authorities in Massachusetts.

There is a great deal of information on the Board’s website, www.mass.gov/dpl/boards/mt.

ABMP encourages members to apply as soon as possible. Begin by thoroughly reading the Instructions for License Application located at the link above. This document gives you step-by-step instructions. It does not appear be a difficult process. The quickest route to licensure is via the grandfathering provision. You can qualify under this provision prior to May 1, 2008, if you meet any of these three options:

1. You have held a massage therapy license in a Massachusetts community within the last 2 years (usually issued by the Municipal Board of Health), or
2. You are certified by the National Certification Board of Therapeutic Massage and Bodywork, or
3. You have provided 500 hours of paid professional practice within the last 5 years.

As previously reported, the Massachusetts law requires that massage practitioners carry professional liability insurance regardless of whether the practitioner is actively practicing. The board has set the policy requirement which includes a minimum of $2,000,000 per occurrence and $3,000,000 aggregate. ABMP membership includes professional liability insurance that meets this qualification. Members should submit a copy of the Certificate of Insurance provided in your ABMP membership packet with your application for Massachusetts state license.

The following exempt practitioners do not have to obtain a state license to practice as long as they don’t practice massage therapy. They may use the terms "bodywork," "bodyworker," and "bodywork therapist" in their promotional literature. They may not claim to practice massage or massage therapy.

• Feldenkrais Method
• Reflexology
• Trager Approach
• Ayurvedic Therapies
• Rolf Structural Integration
• Polarity; Polarity Therapy, or Polarity Therapy Bodywork
• Asian Bodywork Therapy that does not constitute massage
• Acupressure
• Jin Shin Do
• Qi Gong
• Tui Na
• Shiatsu
• Body-Mind Centering
• Reiki

10/11/07: The Massachusetts Board of Massage Therapy has been appointed by Governor Patrick and their first meeting will be held on November 8, 2007. Meeting are open to the public. The board, named below, is charged with the responsibility of writing the rules and regulations to implement the law. ABMP will keep members informed of the progress the board makes and when applications become available.

Members of the board:
DONALD B. CARDOZA, Member
J. DAVID NAPARSTEK, Member
BERNADETTE NICHOLSON, Member
STEVEN TANKANOW, Member
TAK WONG, Member

Draft rules and regulations will be posted on the state's site.

 

5/9/07: As reported in July 2006, legislation has been enacted to require state licensure of Massage Therapists, Massage Therapy schools, and Massage Therapy businesses.

The Governor is in the process of selecting and appointing Board members. Following appointment, the Board members will write implementing regulations. This process has been delayed because Governor Romney did not make the appointments prior to leaving office and Governor Patrick has not yet made the appointments.

To encourage Governor Patrick to appoint a Massage Therapy Board sooner rather than later, call (617) 725-4005 or fill out an email form at this link:
http://www.mass.gov/?pageID=gov3utilities&sid=Agov3&U=Agov3_contact_us

Until a Board is appointed to write the regulations and implement the state law, massage therapists continue to be regulated by their local communities. If you contact the Governor’s office it would be most compelling for them to hear your personal experience or difficulties in obtaining your local license(s).



7/17/06: On June 27, 2006, Senate Bill 2256 jumped the last hurdle and became law. Both the Senate and House of Representatives voted to override the governor’s veto to pass a law to regulate massage and form a board of massage therapy to administer and enforce regulation.

Until approximately April 30th, 2008, current practitioners will be able to qualify for a license under the Grandfathering provision by satisfying one of the following:

• Provides documentation acceptable to the board demonstrating the applicant has provided at least 500 hours of massage to members of the public for compensation; or
• Has been authorized to practice massage therapy by the municipal board of health within the commonwealth, such authorization being valid within 2 years of the date of application; or
• Has passed a board approved exam administered by a national organization or board You will also need to complete an application, pay the necessary licensing fee, and provide proof of liability insurance. Licenses will not be issued until a board is appointed and rules are drafted.

To qualify for licensure an applicant must satisfy the following qualifications:

• 18 years old and a high school diploma or equivalent;
• Two professional letters of reference, with at least 1 being from an employer or professional in the massage therapy or medical field;
• Good moral character as determined by the board;
• Completed a course of study consisting of 500 hours at a licensed massage school;
• Has not been convicted of a sexually-related crime or a crime involving moral turpitude in any jurisdiction for the last 10 years; and
• Proof of liability insurance.

The following practitioners are exempt from this licensing law as long as they don’t hold themselves out to be massage therapists.

• A person who uses touch, words or directed movement to deepen awareness of patterns of movement in the body, or the affectation of the human energy system or acupoints or Qi meridians of the human body while engaged within the scope of practice of a profession with established standards and ethics, but such services shall not be designated or implied to be massage or massage therapy.
• Such practices shall include, but not be limited to, the Feldenkrais Method; Reflexology; The Trager Approach; Ayurvedic Therapies, Rolf Structural Integration, Polarity or Polarity Therapy; Polarity Therapy Bodywork; Asian Bodywork Therapy that does not constitute massage as defined in this chapter; Acupressure; Jin Shin Do; Qi Gong; Tui Na; Shiatsu; Body-Mind Centering and Reiki.
• These exempt practitioners may use the terms "bodywork", "bodyworker" and "bodywork therapist" in their promotional literature.

Next steps:

The governor will appoint a massage board consisting of 7 members.

• 3 of whom will qualify for state licensure and have been actively practicing massage therapy for at least 5 years immediately preceding their appointment
• 1 of whom will be actively engaged in the operation of a school
• 1 of whom will be a health agent, board member or other health professional employed by or elected to a municipal board of health within the commonwealth
• 2 of whom will be consumers familiar with the massage therapy field

The board will write rules and regulations to implement the law.
The board is expected to have applications available for licenses on or before May 1, 2007. ABMP will keep you informed.

Board Applications:
ABMP would encourage any member interested in serving the profession to apply for a position on the Board of Registration of Massage Therapy. ABMP will be glad to provide a letter of endorsement.

Members of the boards of registration are appointed by the Governor and serve on a voluntary basis, although the Division of Professional Licensure reimburses most board member expenses such as meals and travel.

If you are interested in applying for an appointment to the Board of Registration of Massage Therapy within the Division of Professional Licensure, please send your resume, cover letter, specify the board of interest to :

Stephen J. Nemmers, Ph.D., Deputy Director
Massachusetts Division of Professional Licensure
239 Causeway Street
Boston, Massachusetts 02114

E-Mail: Stephen.j.nemmers@state.ma.us



4/20/05: Legislation to regulate the massage therapy profession in Massachusetts has been re-introduced again in 2005. The House Bill, which is a continuation of previous years’ HB 4668 and 3155, was submitted in December but only recently was identified online as House Bill 3412.

A coalition of interested parties worked on a legislative proposal in 2003 and 2004. Les Sweeney, ABMP Executive Vice President, represented ABMP in that activity. Other groups participating were the Massachusetts chapter of the American Massage Therapy Association, along with representatives from a coalition of massage and bodywork schools in the state. The state chapter of the AMTA hired a lobbyist to work on the process. This bill is the result of this process.

Senate Bill 205 has also been introduced, but will likely be pulled or amended to match the House Bill.

Representative Antonio Cabral, the bill’s sponsor, made some specific amendments to the final proposal last year that the coalition developed. It is this version that is now House Bill 3412. Specific highlights of the bill include:

Requirements for Licensure

• Completion of a course of study of a minimum of 500 classroom hours at a massage therapy program which has received programmatic approval from the Board and which has been approved by the department of education;
• Two letters of reference, one of which must be from an employer or professional in the massage or medical field;
• Proof of professional liability coverage
• 24 hours of continuing education will be required every two years in order to renew a license.

Board of Massage

Will consist of seven members:

• 3 massage therapists,
• 1 health agent, health professional, or board member employed by or elected to a municipal board of health in the state
• 1 individual engaged in the operation of a massage school
• 2 members of the public

Exemptions

any person who uses touch, words, and directed movement to deepen awareness of patterns of movement in the body, or the affectation of the human energy system or acupoints or Qi meridians of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated or implied to be massage or massage therapy. Such practices include, but are not limited to the Feldenkrais Method; Reflexology; The Trager Approach; Ayurvedic Therapies, Rolf Structural Integration, Polarity or Polarity Therapy; Polarity Therapy Bodywork; Asian Bodywork Therapy that does not constitute massage as defined by this act; Acupressure; Jin Shin Do; Qi Gong; Shiatsu; Body-Mind Centering, and Reiki.

Grandfathering provision

Will be effective for one year after the effective date of the Board’s regulations.

• either: (a) provides documentation acceptable to the Board demonstrating the applicant has provided at least 500 hours of massage to members of the public for compensation; or (b) has a license issued by the municipal board of health within the Commonwealth of Massachusetts, the license being valid within two years of the date of application; or (c) provides proof of the successful passage of a board approved examination administered by a national organizational or board accredited by the National Commission of Certifying Agencies and approved by the National Organization for Competency Assurance; and
• submits a completed application and pays the necessary licensing fee as established by the Board;
• is of good moral character as reasonably and lawfully determined by the discretion of the Board; and
• provides proof of professional liability coverage.

12/28/04: As of press time, House Bill 4668 remains in the Massachusetts House, with a passage deadline of January 5, 2005. Further information will be provided in a subsequent issue of Different Strokes and here in our update section.



10/29/03: House Bill 3155, a proposal to create statewide licensing for massage therapists, is currently under revision. ABMP is participating in a coalition working on a rewrite of the proposal. It is anticipated that the bill will be resubmitted sometime in late Fall.



6/3/03: House Bill 3155 was read for the first time at a public hearing on May 28, 2003 after being introduced on January 1, 2003. Representative Antonio F. D. Cabral is the sponsor of the bill, which, if adopted, would regulate the practice of massage therapy. The bill was referred to the Committee on Health Care.

Licensure qualification guidelines include a high school diploma or its equivalent and graduation from a school of massage therapy with a 500 hour program registered by the board, or its substantial equivalent. Licensure applicants would be required to pass a written and practical examination. The board would conduct such examinations for all applicants at least twice annually.

Representative Cabral appears to be very open to suggested improvements to the bill. ABMP has been in touch with Rep. Cabral's office and has made recommendations to include grandfathering, modality exemptions and preemption of local regulations. For a complete copy of the bill, click here.

ABMP encourages you to be involved in this process. Contact information for Representative Cabral and the members of the Committee on Health are listed below.

Please email ann@abmp.com to ensure we have your email information on file, since that is the quickest and most efficient way to contact you with legislative updates and meeting notifications.

Rep. Antonio f. D. Cabral
Telephone. (617) 722-2140
Rep.AntonioCabral@hou.state.ma.us

Senator Richard T. Moore of Worcester and Norfolk
Telephone: (617) 722-1420
RMoore@senate.state.ma.us

Rep. William C. Galvin of Canton
Telephone: (617) 722-2380
Rep.WilliamGalvin@hou.state.ma.us

Senator Jarrett T. Barrios of Middlesex, Suffolk and Essex
Telephone: (617) 722-1650
JBarrios@senate.state.ma.us

Rep. Colleen M. Garry of Dracut
Telephone: (617) 722-2060
Rep.ColleenGarry@hou.state.ma.us

Senator Harriette L. Chandler of First Worcester
Telephone: (617) 722-1544
HChandle@senate.state.ma.us

Rep. Thomas A. Golden, Jr. of Lowell
Telephone: (617) 722-2575

Senator Susan C. Fargo of Third Middlesex
Telephone: (617) 722-1572
SFargo@senate.state.ma.us

Rep. Rachel Kaprielian of Watertown
Telephone: 617-722-2220
Rep.RachelKaprielian@hou.state.ma.us

Senator Susan C. Tucker of Second Essex and Middlesex
Tel: (617) 722-1612
STucker@senate.state.ma.us

Rep. Kathleen M. Teahan of Whitman
Telephone: 617-722-2130
Rep.KathleenTeahan@hou.state.ma.us

Senator Bruce E. Tarr of First Essex and Middlesex
Telephone: (617) 722-1600
BTarr@senate.state.ma.us

Rep. Patricia A. Haddad of Somerset
Telephone: 617-722-2080
Rep.PatriciaHaddad@hou.state.ma.us

Rep. Peter J. Koutoujian of Newton
Telephone: 617-722-2582
Rep.PeterKoutoujian@hou.state.ma.us

Rep. Robert K. Coughlin of Dedham
Telephone: 617-722-2000
Rep.RobertCoughlin@hou.state.ma.us

Rep. Christine E. Canavan of Brockton
Telephone: 617-722-2320
Rep.ChristineCanavan@hou.state.ma.us

Rep. Shirley Gomes of Harwich
Telephone: 617-722-2803
Rep.ShirleyGomes@hou.state.ma.us

Rep. Susan Williams Gifford of Wareham
Telephone: 617-722-2090
Rep.SusanGifford@hou.state.ma.us



2/12/01: The General Laws of Massachusetts, CHAPTER 140, Section 51. Massage; baths.

No person shall practice massage, or conduct an establishment for the giving of vapor, pool, shower or other baths for hire or reward, or advertise or hold himself out as being engaged in the business of massage or the giving of said baths without receiving a license therefor from the board of health of the town where the said occupation is to be carried on; provided, that a person licensed to massage or to conduct an establishment for the giving of vapor, pool, shower or other baths in any town may, at the request of a physician, attend patients in any other town in the commonwealth without taking out an additional license.