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ABMP Legislative Report
New Jersey 01/14/08 11/28/07 03/18/07 03/07/07 09/12/06 07/25/06 04/18/06 01/11/06 10/13/05 6/16/05 12/28/04 6/18/04 12/15/03 12/10/03 01/14/08: On January 13, 2008, Governor Corzine signed Senate Bill 2536, sponsored by Senator Nia Gill, into law. In November, ABMP reported that Assembly Bill 4455, sponsored by Assemblyman Wilfredo Carraballo, passed out of the Assembly Regulated Professions and Independent Authorities Committee. In December, the two bills were consolidated into one bill, S2536. The bill content did not change significantly from what was reported in November. S2536 amends the current voluntary certification law by establishing a practice act that requires mandatory licensing of massage and bodywork therapists, as well as establish a Board of Massage and Bodywork Therapy to replace the Massage, Bodywork, and Somatic Therapy Examining Committee currently in place under the Board of Nursing. 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. Massage and bodywork therapists who are currently state-certified will automatically become licensed. For 360 days after the implementation (when applications become available) of S2536, a grandfathering provision will allow for existing practitioners who are not currently state certified to qualify for a license without having to go back to school or take an examination if they have been practicing: a) full-time for at least two years, or b) part-time for five years and have 200 hours formal massage or bodywork education. After the grandfathering time frame, in order to qualify for a license, practitioners will have to meet one of the following:
Practitioners who will be considered exempt from the law, as long as services are not implied to be massage and bodywork therapy, are:
The governor will appoint nine people to serve on the Board of Massage and Bodywork Therapy. Two board members will be consumers, one will be a member of the executive branch, and the remaining six members will be massage therapists or bodyworkers who have practiced at least five years immediately preceding their appointment. If you are interested in applying for a position on the board, please contact Jean Robinson at jean@abmp.com. Important considerations for therapists: Even though the bill has passed, it could take a long time before applications for licensure are actually available. After the board is appointed by the governor, it will develop rules and regulations to implement the law. This process can take a year, or longer in some cases, to complete. There is no action for you to take right now. ABMP will keep our members informed as things progress. Please note the grandfathering time frame does not begin until implementation of the law. You will have 360 days after applications are available to apply for a license under this provision. There is no action to take at this time. The board will further clarify exempt practices in the rules and regulation process. If you are state-certified, continue to renew your certification to avoid having to re-apply when licensing goes into affect. To read the entire bill, go to: http://www.njleg.state.nj.us/2006/Bills/S3000/2536_R1.PDF Please contact Jean Robinson directly at jean@abmp.com with questions. 11/28/07: Assembly Bill 4455, sponsored by Assemblyman Wilfredo Caraballo (D – Dist. 29), was passed out of the Assembly Regulated Professions and Independent Authorities Committee Monday, November 19, 2007. A4455 would amend the current voluntary certification law by establishing a practice act that would require mandatory licensing of massage and bodywork therapists, as well as establish a Board of Massage and Bodywork Therapy to replace the Massage, Bodywork, and Somatic Therapy Examining Committee currently in place under the Board of Nursing. The bill would eliminate regulatory jurisdiction over “somatic therapy,” and allow licensed practitioners to treat illness, impairment, and disability, which they are forbidden to do in current law. ABMP, the American Massage Therapy Association (AMTA) - New Jersey Chapter, and a coalition of non-massage practitioners have been negotiating several points contained in the bill for more than a year. ABMP is now satisfied that our members will benefit from the passage of A4455. Massage and bodywork therapists who are currently state-certified would automatically become licensed. For 360 days after the implementation of A4455, a grandfathering provision will allow for existing practitioners who are not currently state certified to qualify for a license without having to go back to school or take an examination if they have been practicing full-time for at least 2 years, or part-time for 5 years and have 200 hours formal massage or bodywork education. After the grandfathering time frame, in order to qualify for a license, practitioners will have to meet one of the following:
Practitioners who would be considered exempt from the proposed law, as long as services are not implied to be massage and bodywork therapy, would be:
Next steps: The bill has passed the first committee hearing. Floor hearings in the Assembly need to be completed before the bill goes through the same process in the Senate. To view the entire bill, go to: http://www.njleg.state.nj.us/2006/Bills/A4500/4455_R1.PDF Please contact jean@abmp.com with questions. 03/18/07: Assembly Bill 4104, sponsored by Assemblyman Sean Kean, has been introduced in the New Jersey Legislature. The bill would remove the sales tax on massage, bodywork, and somatic services. ABMP is very supportive of this bill although Governor Corzine has already publicly stated that the state cannot afford any tax rollbacks. There is no action to take at this time. 03/07/07: Senate Bill 2536, sponsored by Sen. Nia Gill, has been introduced in the New Jersey Legislature. The bill would amend the current voluntary certification law by requiring mandatory licensing of massage, bodywork, and somatic therapists. While the bill positively addresses many ABMP concerns with the current law, it misses a few key points as well. To view the entire bill, go to: http://www.njleg.state.nj.us/2006/Bills/S3000/2536_I1.PDF ABMP supports the following elements that are included in SB 2536:
While there is no action to take at this time, please reply to this e-mail if you live in Senator Gill’s district. To find out who your legislators are, go to: http://www.njleg.state.nj.us/members/legsearch.asp 09/12/06: As ABMP reported, effective Sunday, October 1, 2006, massage, bodywork, and somatic services will be subject to 7% sales tax in New Jersey unless the client has a prescription from a doctor. I recommend that you read this bulletin carefully, then follow up with a trip to the website mentioned to begin the process. If you are employed by someone else, your employer is responsible for collecting the tax. However, if you are self-employed, an independent contractor, or employ others to perform massage/bodywork, you need to take action now. If a client seeks massage for a medical condition, ask him/her to contact their doctor and request a prescription be faxed or mailed to you. A sample script was provided in the last update and can be found at www.abmp.com. Step #1 APPLYING FOR AUTHORITY TO COLLECT SALES TAX – Two forms Form #1: You need to act now to obtain a Certificate of Authority to collect sales tax. You are required to apply at least 15 days before you start collecting the sales tax, which for many of you will be Monday, October 2. You need to apply by Sunday, September 17. You may apply on-line at https://www.state.nj.us/treasury/revenue/dcr/filing/leadpg.htm and click on Service Option 2: Register for Tax and Employer Purposes and follow the instructions. If applying by mail, first obtain the forms you will need at: http://www.state.nj.us/treasury/revenue/taxreg.htm. You will need to supply assorted industrial codes. If you consider your practice to be health care:
http://www.state.nj.us/treasury/revenue/taxreg.htm If you have never registered your business with the state You will need to complete form NJ-REG. Click on "forms and instructions" in the first paragraph of the above web page. At the second form listed, NJ-REG with instructions, click on "1.27 MB." Fill out pages 17-19 as instructed. If you have already registered your business with the state You have a Federal Employer Identification Number and you now need to submit form REG-C-L. Click on "forms and instructions" in the first paragraph of the above web page. At the third form listed, REG-C-L, click on 347K to obtain the form. Under item F, "List any new state tax", put "massage, bodywork or somatic services," effective date "10/1/06." Step #2 PAYING SALES TAX The state requires sales tax to be paid electronically, either on-line or by phone. Go to: http://www.state.nj.us/treasury/taxation/index.html?publsut.htm~mainFrame. Click on and print: "EZ File Wksht," "EZ File Instr," and "S&U-7." Follow the instructions for filing. Division of Taxation Questions should be directed to the Division of Taxation Customer Service Center at 1-866-698-9065, Monday through Friday, 8:30 am to 4:30 pm. 07/25/06: Despite the efforts of ABMP members and massage, bodywork, and somatic therapists throughout the state, the New Jersey Legislature passed a budget bill that increased the state’s sales and use tax from 6% - 7% on July 15,2006, and expands the base sales tax on October 1, 2006. From Assembly Bill 4901, the provision reads: "3. There is imposed and there shall be paid a tax of 7% upon: (9) Massage, bodywork or somatic services, except such services provided pursuant to a doctor's prescription." As of October 1, 2006 massage, bodywork and somatic therapists will be required to charge their clients sales tax unless their client obtains a prescription from their doctor. We do not yet have information on what forms will need to be submitted and where. All updated information ABMP receives will be posted at www.abmp.com. We recommend therapists start educating their clients about this immediately; if a client seeks massage for a medical condition, ask him/her to contact their doctor and request that a prescription be faxed or mailed to you. You may want to provide your clients with a script to use when calling their doctor. For example: “New Jersey has now imposed a 7% sales tax on massage and bodywork therapy unless a patient has a prescription from a doctor. I have been receiving massage therapy/bodywork for neck pain and I would appreciate Dr. Smith writing a prescription so I don’t have to pay sales tax on top of my out-of-pocket costs for the treatment. The prescription should read: Massage/bodywork therapy for musculoskeletal pain as needed.”IMPORTANT: Under the current New Jersey massage, bodywork & somatic therapies law, state-certified massage therapists are prohibited from treating impairment, illness, disease, or disability. Do not request a prescription for treatment of impairment if you have received your New Jersey state massage certification. This applies only to therapists who have become certified by the state of New Jersey. Therapists are not New Jersey-certified just by virtue of NCBTMB certification, or by their school or local municipality, or as a certified member of ABMP. Other news: Assembly Bill 1670 (A. 1670), would amend the current state massage law from a title protection to a practice act by making certification mandatory. ABMP continues to work as part of a coalition representing organizations within the massage community to amend this bill and create a comprehensive licensing law. We will add the repeal of this tax to our agenda. We will be asking for volunteers to meet with their legislators when the time is right, please contact Jean Robinson at jean@abmp.com if you are able to volunteer. New Jersey ABMP members collected more than 7,300 signatures of residents opposed to expanding the sales and use tax to massage, bodywork, and somatic therapies. Thank you to all who collected signatures. A special thank you to Rena Margulis for coordinating the petition drive and for her representation of ABMP at coalition meetings. Please take a moment to update or add your e-mail addresses at www.abmp.com. Login using your ABMP ID number and your password (your last name). Click “update your information?” 04/18/06: Assembly bill 1670 (A.1670) was introduced on 1/10/2006 and referred to Assembly Law and Public Safety Committee. The bill amends the current state massage law from a title protection to a practice act by making certification mandatory. The text of the bill is the same as A. 4034, which was introduced in 2005 and ABMP has the same concerns as expressed last year.
http://www.njleg.state.nj.us/2006/Bills/A2000/1670_I1.PDF We are working as part of a coalition representing organizations within the massage community. The coalition is discussing the bill and the changes organizations would like to see. If you have a comment or suggestion about the bill contact me at jean@abmp.com or 1-800-458-2267 x645. Sales tax on massage a possibility In an effort in increase state revenues, massage is mentioned, along with an array of other services, as a possibility of previously exempt services to now be subject to sales tax. The coalition will be discussing this issue as well at the next meeting. Local Ordinances Some towns in New Jersey are developing massage therapy ordinances. Hillsborough passed an ordinance that will require fingerprinting and a background check, proof of 500 hours of training, and compliance with a national code of ethics. The permit will cost $250 per year. State certified massage therapists will be exempted from the ordinance. Manville Borough is considering adopting a similar ordinance. We recommend that our members become state certified. If A.1670 were passed, it would be mandatory. If you move, or begin working in a town that has a local ordinance like Hillsborough, you won’t have to go through the entire process of obtaining the local permit again. For information and an application to become state certified go to: http://www.state.nj.us/lps/ca/massage/massappl.pdf 01/11/06: Assembly Bill 4034. which would amend the state massage law from a title protection to a practice act, making certification mandatory rather than optional for massage therapists, died in the Assembly. The bill was in its second reading when it was reviewed on January 10, 2006. There will be no mandatory certification in New Jersey at this time. 10/13/05: The New Jersey Legislature will be back in session in November 2005. Assembly Bill 4034 remains under consideration; If the bill is not voted on by both houses by the end of 2005, it is expected to be reintroduced in 2006. ABMP has expressed concerns with language in the bill that infers that individuals not licensed are presumed to be associated with prostitution. In addition, the bill includes language that massage therapists would be forbidden from treatment of illness, disease, impairment or disability. This restriction, if strictly interpreted, could limit massage therapists ability to provide services for anyone under medical care. In addition, the bill would make the law a practice act instead of simple title protection. 6/16/05: The New Jersey Legislature has proposed Bill A 4034 that passed in Committee on May 12, 2005. On June 15th it was in its second reading in the Assembly. Presently in New Jersey being a "certified" massage therapist is optional. If passed, the new bill will require certification to be mandatory. 12/28/04: Certification applications are finally available, 5 years after the massage law was passed. Currently the Board of Nursing is mailing out applications via request; they are planning to post an application online, but no timeframe is known yet. To request an application, contact the Board of Nursing at: Phone: 973-424-8183 Fax: 973-648-3481 Web site: www.state.nj.us/lps/ca/medical/nursing.htm Attn: Massage, Bodywork and Somatic Therapy New Jersey Board of Nursing P.O. Box 45010 Newark, NJ 07101 6/18/04: Concern expressed by ABMP members in New Jersey regarding the recent flurry of audits by the Department of Labor, prompted us to give the Department a call. According to Tom Turk with the New Jersey Department of Labor, it is not uncommon for the department to focus on a specific industry with a certain number of employees. The status of the providers of service has proven to be of particular concern within the massage profession. If you are uncertain of your provider status, please review pages 92-93 of your Successful Business Handbook, focus on items 5 & 7- if work is provided exclusively or long-term to one entity, the provider would be considered an employee. 12/15/03: On November 17, 2003, ABMP sent mailing labels to the New Jersey Board of Nursing so the Board could send our members information on Massage Therapy Certification that should be in effect early next year. Since the state certification is voluntary, the board is reluctant to send unsolicited applications to our membership. If you would like to receive an application for State Certification, you will need to contact the Board of Nursing at (973) 504-6430 or (973) 424-8183. You can also request this information through the postal service or via facsimile. Contact information for the Board is New Jersey Board of Nursing 124 Halsey Street Newark, New Jersey 07102 Phone: (973) 504-6430 Fax: (973) 648-3481 Visit www.state.nj.us/lps/ca/nursing/know.htm for more information related to the Board of Nursing. 12/10/03: The New Jersey Register has published the following proposed rules drafted by the Board of Nursing for the regulation of massage therapists in the state. ABMP has expressed our concerns related to the prohibition of Lymph Drainage and the attempt to over-regulate the practice by including spousal massage/spousal relations within the sexual misconduct section of the proposal (Section 13:37-16.12) . For a complete copy of the proposal or to submit your written comments via the Internet, please click here. Submit written comments by December 19, 2003 to: New Jersey Board of Nursing 124 Halsey Street Newark, NJ 07101 ABMP encourages you to be involved in this process and to voice your opinion at your earliest convenience! The deadline is December 19, 2003. |