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ABMP Legislative Report
Texas 6/25/07 3/7/07 2/23/06 6/9/05 4/20/05 12/28/04 09/30/00 02/12/99 6/25/07: On June 17th, Governor Rick Perry signed House Bill 2644, which amended the Texas Massage Therapy law. Effective September 1, 2007, candidates for licensure must now have completed a training program of at least 500 hours in length, consisting of the following:
The changes to the requirements do not affect currently licensed massage therapists, and will not affect any student in a massage program provided the student was enrolled in the program before September 1, 2007. ABMP actively participated in the 2007 Texas Legislative session, and sought to add language to the bill that would have created a massage therapy advisory committee. Unfortunately, the amendment adding the advisory committee language was dropped at the 11th hour by the bill’s sponsor after other amendments to the bill were added. Texas has the largest number of licensees in the massage profession that do not have representation in the form of a formal advisory committee or board. ABMP also would have preferred amended language that would have given greater flexibility to candidates for licensure to take a written exam of their choosing (among the Texas state licensing exam, the National Certification Board for Therapeutic Massage and Bodywork’s exams, or the Federation of State Massage Therapy Boards’ Massage and Bodywork Licensing Examination). An amendment was inserted on the bill by Rep. Rafael Anchia, who had been the sponsor of another bill this session that would have amended the massage therapy licensing law. The amendment focused on adding language allowing for strengthened enforcement of the massage law as a method of controlling adult entertainment activities. As a part of this amendment, the Texas Department of State Health Services (DSHS) can issue “one or more licenses.” This language, while very vague, was intended to allow DSHS to regulate bodywork or non-massage practitioners. ABMP’s perspective on the bill: The hour change makes Texas education requirements consistent with most states nationally and with ABMP, AMTA, and NCBTMB requirements. While no definitive evidence was presented to clarify the need for increasing the number of training hours, this was something that some practitioners and educators had been seeking for many years, and we understand the interest in moving to this standard. The new language regarding “one or more licenses” does not appear to be a major concern. Representatives from various bodywork groups are organizing an effort to work with DSHS to create a solution that serves the interests of all parties that could potentially be affected. Our primary concern with the bill is the short time frame for implementation. The effective date of the act is September 1, which was moved up from January 1, 2008 by legislative counsel when considering the amendments. This means that schools will need to offer a new 500-hour curriculum starting September 1, less than 10 weeks away. The law will require the massage education community and DSHS to scramble to amend the existing rules to allow for the new program offering. This was short-sighted on the part of the state legislature. While essentially only a short-term challenge, it will cause a considerable amount of effort for schools to be able to offer programs of a minimum 500-hour length. At a meeting held in Austin June 15, schools and representatives from DSHS began to establish a process for implementing the changes required from the new law. Les Sweeney, ABMP President, represented ABMP at the meeting. The same group intends to meet again July 13 in Austin to consider proposed drafts of rules that need to be amended as a result of the law change. To view HB 2644, please visit http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/HB02644F.htm 3/7/07: Proposed legislation may change the licensing and regulation of massage therapy and massage therapy businesses in Texas. 2/23/06: As of January 1, 2006, the Massage Therapy Licensing Program no longer offers a temporary license. Beginning in February 2006, the Massage Therapy Licensing Program will offer computer-based testing (cbt) for the written exam. Applicants will be able to sit for the exam Monday-Friday. There are currently nine cbt sites in Texas: Austin, Dallas, El Paso, Fort Worth, Houston, Lubbock, McAllen, San Antonio, and Wichita Falls. Candidates will be able to schedule the written examination by telephone, mail, or online. Candidates must pass the written exam before scheduling the practical exam. Practical exams will be administered at the Renaissance Hotel in Austin, Texas by Applied Measurement Professionals (AMP). Payment for the practical exam must be submitted by mail and received by AMP at least 4 weeks prior to the requested exam date. If payment is not received by the deadline, applicants will be scheduled for the next available practical exam. March 11, 2006 April 8, 2006 May 13, 2006 June 10, 2006 July 8, 2006 August 12, 2006 September 9, 2006 October 21, 2006 November 17, 2006 December 16, 2006 January 20, 2007 For complete information, download the Candidate Handbook at: http://www.dshs.state.tx.us/massage/mt_xhandbook.pdf Application Fee: ($117) Allow 4-6 weeks for the Board to process your application. Written Exam: ($87) There is no wait for your results, you need to pass the Written Exam in order to take the Practical Exam. Practical Exam: ($100) You will find out if you passed or failed within 30 days. 6/9/05: House Bill 2696 was passed through both houses of the Texas legislature and was submitted to Governor Rick Perry for his signature. The bill changes the titles used from registered massage therapist to Licensed Massage Therapist. In addition, the bill clarifies local authorities' ability to regulate establishments, allows for criminal background checks, requires an establishment to maintain client records, and clarifies and defines inappropriate conduct. House Bill 1842, a proposal seeking to increase the required training hours for applicants, passed the House but did not win approval from the Senate, meaning the qualifications for licensure will remain the same. 4/20/05: Texas House Bill 1842 was considered before the Committee on Government Reform on Monday, April 11. ABMP Executive Vice President Les Sweeney attended the hearing and spoke on behalf of the organization. A number of speakers were heard, with both support and opposition for the bill being voiced. Mr. Sweeney spoke against the current version of the bill, which was a substitute for the original two-tier proposal the bill’s sponsor, Representative Dianne Delisi of Temple. The substitute bill proposed would establish a single licensing requirement of 500 hours. Those opposing the bill outnumbered supporters by approximately 2:1 at the hearing. Parties in support of the bill included the Career Colleges and Schools of Texas, along with a few individuals not representing particular organizations. Those who spoke against the bill included the Texas Coalition of Massage Schools and Instructors, the Texas chapter of the American Massage Therapy Association, and ABMP. ABMP’s preferred view of the legislation would be to change the existing statute to allow educators to offer programs longer than the current 300-hour standard (schools cannot require longer programs). This would allow students flexibility in pursuing their educational goals, and schools could tailor curricula to their interests and emphasis. Another alternative would be to return to the original proposal of a two-tier system, but with considerable revision to the initial proposal that would accommodate those wishing to move up from Registered Massage Therapist to Licensed Massage Therapist. The bill was voted on favorably by committee on April 20. Any amendments to be made to the legislation would likely need to be made in the Senate at this time. ABMP is committed to continued participation in the process to ensure the most favorable, effective regulation possible, and will update members via abmp.com as soon as information becomes available. 12/28/04: Since May 2003, ABMP -- represented by Executive Vice President Les Sweeney -- has been participating in a coalition to review existing Texas massage therapy law. Representatives from the Texas chapter of the American Massage Therapy Association, the Texas Association of MassageTherapists, the Texas Coalition of Schools, and the Massage and Bodywork Educators Association have also been involved. The coalition has examined the current massage therapist registration law and its administrative procedures. ABMP sent a survey to its Texas members in spring 2004. More than 400 members responded with no clear concensus regarding the existing requirements: On the question of whether more than 250 hours of classroom instruction should be required, fewer than 40 percent felt the hours should be increased Members did feel offering the state examination in additional locations and with greater frequency had merit. More than half felt the practical exam was adequate, but almost 40 percent said it was either too easy or unnecessary. Fewer than one in four supported the idea of using the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB) as a requirement for registration. The efforts of the coalition have resulted in indentification of several potential areas of improvement, some of which can be addressed on an administrative level. While there is some interest within the group to amend the existing law, ABMP has remained essentially neutral in the exercise, participating as part of our responsibility to our membership, as well as helping the process, Changing the education requirements for registration is a more prodigious undertaking, one that ABMP has not committed to, largely because of the mixed current view of its membership regarding the existing regulation. ABMP is committed to representing its Texas members to ensure that the most practical, effective regulation is in place and will keep you abreast of any changes or updates. For questions or comments contact expectmore@abmp.com. 9/30/00: Rules Update The Massage Therapy Registration Program of the Texas Department of Health (TDH) has developed proposed amendments to its administrative rules (25 Texas Administrative Code, Chapter 141) concerning the regulation and registration of massage therapy. The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th Legislature, 1997, requires each state agency to review and consider for readoption every rule adopted by the agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Massage therapy registration program staff reviewed Chapter 141 in its entirety and identified that all sections of the chapter should be repealed and new sections proposed. The review also revealed that sections need reorganization and renumbering, have obsolete rules, have rules that do not reflect current TDH procedures, and have rules that do not reflect current legal and policy considerations. Additionally, new rules are required by House Bill (HB) 2085 (relating to the continuation and functions of the department, including the operation of certain boards and councils administratively attached to the department) and HB 3155 (relating to a nonsubstantive revision of provisions of the existing statutes applicable to the licensing and regulation of certain professionals and business practices) passed by the 76th Legislature. The new rules required by these bills will be proposed for adoption in conjunction with the new sections proposed under the rule review. TDH published a Notice of Intention to Review the sections as required by Rider 167 in the Texas Register on June 11, 1999, (24 TexReg 4481). No comments were received in response to the notice. Each section has been edited and restructured to correct grammatical errors; eliminate subsection titles; update legal citations in accordance with HB 3155; and delete repetitive, ambiguous, obsolete, unenforceable, and unnecessary language. Additionally, each section has been edited in an effort to improve draftsmanship and make the rules more accessible, understandable, and usable. The proposed rules will be submitted to the BOH at its September meeting for approval to publish in the Texas Register as proposed rules. That action will begin the formal rule-making process. The Massage Therapy Registration Program is interested in obtaining comments and feedback on the draft document from registered massage therapists, massage therapy instructors, massage schools, massage establishments, students of massage therapy schools and educational programs, and the general public. Comments may be submitted that are in favor of the proposed draft or opposed to the proposed draft. Recommendations for further amendment may also be submitted. Listed below are estimated time frames regarding this process: October 23- 27, 2000 - The following public hearings will be held to take public comments on the proposed rules. Attendance is not required. Written comments may be submitted without attending one of the public hearings. It is recommended that persons attending the public hearings also bring written copies of comments. * October 23, 3000 - Austin, Texas 1100 W. 49th Street, Room K-100 * October 26, 2000 - Dallas, Texas (location not determined yet) * October 27, 2000 - Houston, Texas 5425 Polk, Rooms 3C-F * November - December 2000 - All comments received during the formal comment period will be reviewed and considered for possible amendment to the proposed rules. A final adoption document will be prepared. The adoption document will include amendments based on comments on the proposed rules or will respond to comments and recommendations that are not incorporated into the final document. Visit http://www.tdh.state.tx.us/hcqs/plc/massage.htm for a complete copy of the proposed rules. 2/12/99: H.B. No. 367 76R2388 A BILL TO BE ENTITLED AN ACT relating to the registration of Reiki Practitioners; providing civil and criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 71, Revised Statutes, is amended by adding Article 4590f to read as follows: Art. 4590f. REIKI PRACTITIONERS REGISTRY Sec. 1. SHORT TITLE. This article may be cited as the Reiki Practitioner Registry Act. Sec. 2. PURPOSE. To safeguard the public health, safety and welfare and to prevent consumer fraud from the use of the term Reiki to represent the person is competent in the ancient healing art of Reiki when such person is not competent to practice Reiki, it is the purpose of this Act to provide for a system of voluntary registration and certification of persons delivering or teaching the ancient art of Reiki. Sec. 3. DEFINITIONS. In this Act: (1) "Board" means the Texas Board of Health. (2) "Reiki One Practitioner" means a person who has completed a minimum of nine hours of course work over a minimum of a two day period in a Board approved Reiki One course taught by a registered Reiki Master Teacher and has passed a Reiki One examination administered by the Board. (3) "Reiki Two Practitioner" means a person who has completed the course work requirement for a Reiki One Practitioner, has completed a minimum of nine hours of course work over a minimum of a two day period in a Board approved Reiki Two course taught by a Reiki Master Teacher and has passed a Reiki Two examination administered by the Board. (4) "Reiki Professional Practitioner" means a person who has completed the course work required for registration as a Reiki One Practitioner and a Reiki Two Practitioner, has passed a Reiki Two examination administered by the Board, and has obtained a Reiki Professional Degree issued by a Reiki Master Teacher. (5) "Reiki Master Teacher" means a person who has received a Reiki Master Teacher degree issued by a Reiki Touch or Reiki Alliance Master Teacher. Sec. 4. PROHIBITED ACTS. (a) A person may not represent to the public that the person is qualified to or practices to deliver services as a Reiki One Practitioner, Reiki Two Practitioner, Reiki Professional Practitioner, or Reiki Master Teacher unless such person is registered with such designation with Board in compliance with this Act. (b) A person may not represent that the person performs Reiki services unless that person is registered with Board in compliance with this Act. (c) A person may not use the word "Reiki" in connection with their delivery of services unless that person is registered with Board in compliance with this Act. (d) A person registered with Board under this Act may not perform services for which a registration or license is required by any other law unless that person is registered or licensed under such other law. (e) A person may represent to the public that such person is a "Registered Reiki One Practitioner", a "Registered Reiki Two Practitioner", a "Registered Reiki Professional Practitioner" or a "Reiki Master Teacher as long as that person is properly registered as such under this Act. v Sec. 5. DUTIES OF BOARD, ADVISORY COUNCIL. (a) The board shall adopt procedural rules to implement the registration procedures under this Act. The board also may adopt substantive and procedural rules relating to: (1) the minimum requirements for registration not inconsistent with this Act; (2) the probation, suspension, denial or revocation of a registration; (3) the setting of fees under this Act; and (4) the adoption of forms required by this Act. (b) The board may not adopt substantive rules relating to this Act other than substantive rules described by Subsection 9(a) of this section or Section 3 of this Act. (c) The board shall appoint a five member advisory council to be known as the Advisory Council of the Reiki Registry to advise the board on matters relating to implementation of this Act. The members shall be appointed from different geographical areas within the state to ensure representation of urban and rural interests whenever possible. (d) The board shall appoint members of the council as follows: (1) two must be Reiki master Teachers eligible for registration under this Act as a Reiki Master Teacher; (2) one must be a physician licensed and practicing in this State; and (3) two must be consumers who do not have, and whose spouses do not have, a direct or indirect interest in any health care related business or trade association. (e) The council shall annually elect a chairman and a vice-chairman. (f) A council member is not entitled to compensation for service on the council, but is entitled to the per diem and transportation allowance for state officials set in the General Appropriations Act for each day that the member engages in the business of the council. (g) Members are appointed for staggered terms of six years, with three terms beginning March 1 of each odd-numbered year. Members shall serve until the expiration of the term to which they have been appointed or until their successors have qualified. A member may not serve more than two terms. Sec. 6. POWERS AND DUTIES OF DEPARTMENT. (a) The department shall administer this Act. (b) The department shall investigate persons engaging in practices that violate this Act and shall investigate all complaints filed with the department against persons registered under this Act. (c) The department may employ administrative and clerical staff as necessary to carry out this Act. Sec. 7. EXAMINATIONS. (a) The department shall administer a written qualifying examination once a year to applicants for registration as a Reiki One Practitioner and a Reiki Two Practitioner. The qualifying examinations shall be professionally constructed and validated and objectively administered and scored. (b) If a person fails to pass a qualifying examination, the person may reapply to take a subsequent examination. An applicant who fails two successive examinations may not reapply until the applicant completes any remedial work required by the department. Sec. 8. CERTIFICATE OF REGISTRATION. (a) On application and payment of a registration fee, the department shall issue a certificate of registration to each applicant who: (1) presents evidence satisfactory to the department that the applicant has successfully completed the number of classroom hours required by this Act; and (2) passes the appropriate examination required under Section 7 of this Act. (b) A person may qualify and be registered as a Reiki One Practitioner, a Reiki Two Practitioner, a Reiki Professional Practitioner or a Reiki Master Teacher or each of the foregoing. (c) A person issued a certificate by the department shall display the certificate in an appropriate public manner as specified by board rule. (d) A certificate of registration is the property of the department and must be surrendered on demand. Sec. 9. RENEWAL OF REGISTRATION. (a) A certificate of registration issued under this Act is valid for one year from the date of issuance. To renew the registration, the registrant must submit an application for renewal in the manner prescribed by the board. The application must be accompanied by a renewal fee and evidence that the applicant has successfully completed the continuing education courses required by board rule. The board may not require more than four classroom hours of continuing education courses per year. No continuing education requirements may be required of Reiki Master Teachers. (b) The department shall adopt a system under which registrations expire and are renewed on various dates of the year. (c) A person registered under this Act who does not renew the registration by the expiration date may renew the registration not later than the 180th day after the expiration date by paying a late registration fee as prescribed by the board. (d) The registration of a person who fails to meet the renewal requirements under this section is void until the person submits a new application, pays the appropriate fees, and meets the current requirements for registration. Sec. 10. ENFORCEMENT; PENALTY. (a) The board, the attorney general, or the district or county attorney for the county in which an alleged violation of this Act occurs, on the verified complaint of any person, shall enforce this Act and rules adopted under this Act by appropriate administrative proceedings or appropriate judicial proceedings in a court of competent jurisdiction. (b) A person commits an offense if the person violates this Act. An offense under this Act is a Class B misdemeanor. (c) The attorney general or an attorney representing the state may sue in a court of competent jurisdiction to enjoin or restrain a person from violating this Act or a rule adopted under this Act. (d) In addition to granting injunctive relief or any other remedy provided by law, a court may impose a civil penalty for a violation of this Act or a rule adopted under this Act. Sec. 11. FEES; FUND. (a) The board by rule shall prescribe fees in the amounts necessary to administer this Act, not to exceed: (1) $100 for an initial application for a registration; (2) $50 for the issuance of a certificate of registration; (3) $30 for the annual renewal certificate of registration; and (4) $20 for issuance of a duplicate certificate of registration or renewal certificate of registration. (b) The board shall deposit all amounts received under this Act in the state treasury to the credit of a special fund known as the Reiki registry fund. Money in that fund is hereby appropriated to the department to be used by the Texas Department of Health for the administration of this Act. Sec. 12. DENIAL, SUSPENSION, REVOCATION, AND PROBATION. (a) The department may refuse to issue a certificate of registration to an applicant, suspend or revoke a certificate of registration, or place on probation an individual who is registered under this Act if the individual: (1) obtains a certificate by means of fraud, misrepresentation, or concealment of material facts; (2) sells, barters, or offers to sell or barter a certificate of registration; (3) violates Sec. 4 of this Act; or (4) practices any other activity for which registration or license is required by other law without such registration or license. (b) A person whose application of registration is denied, suspended, or revoked is entitled to a hearing before the department if the person submits a written request for a hearing to the department. A hearing is governed by department rules for a contested hearing and by Chapter 2001, Government Code. Sec. 13. APPLICATION OF THIS ACT. (a) This Act does not prevent, limit or restrict a person licensed in this state under any other law from engaging in the profession or occupation for which the person is licensed and does not require such a person to be registered under this Act. (b) This Act does not prevent, limit, or restrict an employee of a person licensed in this state from performing the duties of employment required by the licensed person and does not require the employee to be registered under this Act. (c) This Act does not prohibit the Texas State Board of Medical Examiners, the attorney general, or any other person authorized by law from bringing appropriate actions to enforce the statutes of this state relating to the practice of medicine without a license. Sec. 14. INITIAL APPOINTMENTS. The term of an initial appointee to the council shall be determined by lot as follows: (1) two members are appointed for terms expiring March 1, 2001; (2) two members are appointed for terms expiring March 1, 2003; and (3) one member is appointed for a term expiring March 1, 2005. SECTION 2. EFFECTIVE DATE. (a) Except as provided in Subsection (b) of this Section, this Act takes effect September 1, 1999. (b) Sections 4 and 10 of this act take effect September 1, 2000 and a person subject to this Act is not required to be registered until September 1, 2000. (c) The department shall prorate initial registration fees so that a registered person pays only for the part of the year that occurs up to the expiration date of the registration. (d) A person who has been actively engaging in the practice of Reiki One or Reiki Two is entitled to a certificate of registration without examination if the person: (1) meets the other qualifications contained with the definition of such registration in Section 3 of this Act; (2) applies to the department not later than August 31, 2000; and (3) pays the registration fee set by the department. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force according to its terms, and it is so enacted. |