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ABMP Legislative Report


Oklahoma


2/26/08
1/24/08
5/09/07
2/08/06
7/29/05
3/4/05




2/26/08: House Bill 3199, sponsored by Representative Lee Denney, would have established a Massage Therapy Practice Act and created the Oklahoma Massage Therapy Advisory Committee to advise the State Board of Health in the licensing of massage therapists and massage schools. The bill is considered dead for the 2008 legislative session.

ABMP will inform members of legislative efforts that may be attempted in the future.



1/24/08:  House Bill 3199, sponsored by Representative Lee Denney, has been introduced in the Oklahoma State Legislature. The bill has not been assigned a committee hearing as of this writing. HB 3199 would establish a Massage Therapy Practice Act and create the Oklahoma Massage Therapy Advisory Committee to advise the State Board of Health in the implementation of this bill. Licenses would be required of massage therapists and massage therapy schools.

Implications for massage therapists currently practicing
For a period of one year after the effective date of the act, HB 3199 would allow existing practitioners to qualify for a license under the grandfathering provision by having met one of the following:
  • Completed 250 hours of formal education and has practiced massage therapy for at least one year;
  • Has practiced as a massage therapist for no less than three years;
  • Completed a minimum 500 hour massage therapy program.
After the grandfathering period expires, all applicants would have to complete a massage therapy program consisting of a minimum 500 hours and pass the NCETMB or possibly another exam approved by the board.

The state licensing of massage therapists would pre-empt local licensing of massage and bodyworkers currently required by municipalities. A single state license would be required to practice anywhere in Oklahoma.

Professions exempt from obtaining a massage therapy license under this bill include: Asian Bodywork, Polarity, Trager, Structural Integrators, and Feldenkrais practitioners. Because the only titles protected include the word “massage”, it is ABMP’s opinion that these practitioners may continue to use the “bodyworker” title.

ABMP will keep members updated as the bill progresses.

ABMP concerns with HB 3199
ABMP has been involved with the coalition sponsored by the American Massage Therapy Association - Oklahoma Chapter for the last several years in the development of this bill. While many of our suggestions were accepted and added to the bill, unfortunately, some of our concerns have still not been addressed:
  1. Perhaps most importantly, this bill requires anyone applying for an Oklahoma massage therapy license to “obtain legal residence status in Oklahoma.” If not addressed, massage therapists living in a state bordering Oklahoma but working in the state may be excluded. It is ABMP’s understanding that residency requirements have been ruled unconstitutional.
  2. This bill correctly exempts out of state practitioners for specific short-term events such as emergency response situations. This is common and acceptable in legislation. Unfortunately, the language also exempting a practitioner described as “as a member of a nonprofit organization which is tax exempt under 26 United States Codes Annotated, Section 501(c) (Internal Revenue Code)" takes it a step too far. Because of the AMTA’s technical tax status as tax exempt, AMTA members from out of state would be able to practice without a license in Oklahoma, while other out of state practitioners could not. This is unacceptable and discriminatory.
  3. A massage therapy school would have to provide the board with a list of instructors and their qualifications, as well as proof that the instructors are licensed as massage therapists as a condition of licensing. This is not only micro-managing schools but limiting who schools can hire to teach classes. Massage therapists are not the only ones qualified to teach in a massage school. If a school wants to hire a medical doctor, nurse, or chiropractor to teach anatomy and physiology for example, they should be able to.
  4. “Massage and bodywork therapist” is defined in the bill poorly and the bill states that “massage and bodywork are used interchangeably in the bill.” This is confusing because many non-massage practitioners are exempt from the bill and commonly use the title “bodyworker.”
  5. ABMP advocates against specific exams being mentioned by name in any bill. While other exams could be recognized by the board under this bill as it is written, the National Certification Exam offered by the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB) is still mentioned by name, and is described in an entire section, as the exam of choice. The Massage and Bodywork Licensing Exam (MBLEx) offered by the Federation of State Massage Therapy Boards (FSMTB) is not mentioned. Should the bill need to mention an exam, ABMP feels both exams should be included.
To read the entire bill, go to: http://webserver1.lsb.state.ok.us/WebBillStatus/main.html



5/09/07: Senate Bill 1035, sponsored by Senator Paddack, intended to create a state licensing procedure for massage therapists. The bill was assigned but not heard in an initial committee and failed to pass this legislative session. Any new attempt to regulate the massage therapy profession will take place in the next legislative session beginning in February 2008.



2/08/06: Senate Bill 1851 was introduced on February 6, 2006 in the Oklahoma Senate. The bill would create the Massage Therapy Practice Act and establish the State Board of Massage Therapy. If enacted, the bill would go into effect on November 1, 2006. Requirements to obtain a license would include:
  • Completion of at least 500 hours of massage therapy at an approved massage therapy school. The proposal stipulates hours in specific categories as follows:
  • Has successfully passed the National Certification Examination of the National Certification Board for Therapeutic Massage and Bodywork (NCETMB) or an exam of equivalent stature, which is accredited by the National Commission of Certifying Agencies.
  • Provides documentation of maintaining liability insurance for massage therapy.
A grandfathering period through November 2, 2007 is included and available for those meeting four of the following requirements, at least one being from Division 1:

Division 1
  • Completed a program of study of at least 500 hours
  • Has passed the NCETMB
  • Has passed the NCCAOM certification for Asian Bodywork Therapy
  • Has copy of IRS records listing income declared practicing massage therapy
  • Has current membership in a national massage or bodywork association
  • Has previous licensure from any other state or municipality
Division 2
  • Has a verifiable letter from an employer or contractor
  • Has financial records showing a separate business checking account and normal expenses directly related to the practice of massage
  • Has a verifiable dated advertisement for professional massage
  • Has five verifiable letters from massage clients confirming the individual has been in practice for 1 year
  • Has a published article or news item listing the individual as a massage therapist
In reviewing the legislation, ABMP does not support the bill in its current form.

ABMP’s primary concerns are:
  • Board Composition and Power
    The proposed Board would consist of three licensed massage therapists, a Medical Doctor, a Doctor of Osteopathy, an owner of a massage therapy school, and a consumer (public member). ABMP would prefer to see the board be composed of 5 massage therapy professionals (with a maximum of one having a relationship to a school) and 2 members of the public (with a maximum of one from another regulated health profession).

    The Board would also promulgate rules for the licensure of massage therapy schools and license schools meeting the requirements. ABMP believes the regulation of schools in Oklahoma should left under the auspices of the Oklahoma Board of Private Schools, which already regulates postsecondary vocational schools.


  • Reference to and Requirement of NCETMB
    ABMP does not support specific mentioning of the NCETMB as a requirement; rather ABMP would recommend language that states,

    Successful passage of an examination approved by the board.

    This would allow for the state to utilize the NCETMB without naming it in statute, while also providing opportunity for other exams to be offered. ABMP has recently received notification of an opinion from a regulatory affairs attorney that suggests requiring the National Certification Examination by name could subject a state to a constitutional challenge.
ABMP intends to work with the bill’s sponsor, Senator Randy Bass, to suggest the above amendments. To monitor the progress of the legislation, you can visit the Oklahoma Legislature’s website at http://www.lsb.state.ok.us. Any updates to the legislation will be posted in the members’ section of www.abmp.com.



7/29/05: ABMP OKLAHOMA LEGISLATIVE SURVEY 2005

In April, ABMP sent a legislative survey to its 180 Oklahoma members, and received 95 responses (52.8% response rate).

The median level of massage education of survey respondents was 500 hours; the median number of years of experience was between 6-10.

A majority of therapists (71%) generally felt the public did not have difficulty locating massage therapy services. Less than half of the respondents (46%) currently are required to obtain a local massage permit to practice. Of those that are required to obtain a permit, less than 3 in 10 (28%) feel their local rules are constraining.

Despite the above conditions, fully 3/4 of survey respondents feel licensing should be pursued at this time. Nearly two-thirds (65%) feel that a 500-hour education requirement is appropriate for a state regulation. Four of five respondents felt that the NCETMB should be optional, and not be required for licensing. Only 1 in 5 respondents have taken the NCETMB.



3/04/05: House Bill 1571, introduced in January, would create the Oklahoma State Board of Massage Therapy to provide regulation for massage therapy. The bill was pulled to allow time for more consideration and development. It is expected to be revised during 2005. ABMP is participating in a coalition, along with members of the Oklahoma chapter of the American Massage Therapy Association. ABMP will keep members updated on our website throughout the year.