Recent News and Legislative Updates

Montana Bill Puts State Licensing on the Table

House bill 662, sponsored by Rep. Elsie Arntzen, has passed the House and is scheduled to be heard by the Senate Public Health, Welfare and Safety Committee on April 8, 2009. If passed, the bill would require massage therapists to become state licensed and would establish a Board of Massage Therapists to implement the law. The bill would allow practitioners to qualify for licensure by signing an affidavit that they have engaged in the practice of massage therapy for at least 100 hours in Montana. Practitioners would be able to qualify under this provision until July 1, 2012.

Proposed Illinois Bill Could Negatively Impact Massage Therapists

Senate bill 318, sponsored by Sen. Ira Silverstein, would amend the Medical Practice Act to allow any person licensed under it (physicians, chiropractors) to delegate tasks or duties to licensed or unlicensed personnel as long as those duties fall within the scope of practice for the physician or chiropractor. If passed, SB 318, would circumvent the Massage Licensing Act and allow the unlicensed practice of massage therapy.

Colorado Provisional Registration Helps MTs Meet April 1 Deadline

Colorado’s Department of Regulatory Agencies (DORA) has adopted emergency rules establishing a Good Faith Provisional Registration process. This process provisionally registers any individual as a massage therapist who has taken steps to comply with Colorado law by April 1, 2009, but who will not have received their registration by that date. To be eligible for provisional licensing, individuals will have had to submit the following by April 1, 2009:
  • Application and fee
  • Education or training standards established in the law

Clarification on the Indiana Application for Certification

ABMP has been contacted by several members who have experienced frustrating delays and who have received confusing notifications during the processing of applications for certification. We have contacted the board for clarification in the hopes of making the process go more smoothly. This is a new process in Indiana and we encourage everyone to be patient.

Proposed New Mexico Bill Could Negatively Impact Massage Therapists

HB 664, sponsored by Representative W. Ken Martinez, would create “The Unlicensed Health Care Act.” The bill, similar versions of which have been enacted in a few states as a “health freedom” bill, would exempt complementary and alternative health care practitioners from licensing laws. In those states, however, massage therapy was not already regulated at the time the “health freedom” bill was enacted. Bodywork, massage, and massage therapy are included under the definition of complementary and alternative health care practice along with a host of other modalities and practices.


Bill Would Expand the Board’s Power

Senate bill 119, sponsored by Senator Carlton, would revise the provisions governing the regulation of massage therapists. If passed, the bill would allow the board to issue administrative citations, impose administrative fines up to $50,000; and would require law enforcement to give the board any records they request relating to a charge of prostitution, violence, or sexual offense.

To read the entire bill, go to http://www.leg.state.nv.us/75th2009/Bills/SB/SB119.pdf.


Two Bills Would Change the Regulation of Massage and Bodyworker Professionals

House Bill 52, sponsored by Representative Millham, would make various technical changes to the regulation of massage therapists. If passed, the board would be able to grant a temporary license to massage therapists moving from another state who have practiced at least three years, the practical exam would be eliminated, some practices would become exempt from licensure (e.g., energy work), and the exam language would change to read “a psychometrically valid examination approved by the commissioner.” ABMP supports HB 52.

Bill Would Require CMTs to Maintain Professional Liability Insurance

House Bill 1573, sponsored by Representatives Welch, Brown and Dodge, would require massage therapists certified by the state to maintain liability insurance and display state certificates; it would also specify that cosmetology does not include massage therapy. The bill was referred to the Committee on Public Health but a hearing has not been scheduled. ABMP supports HB 1573. To read the entire bill, go to http://www.in.gov/legislative/bills/2009/PDF/HB/HB1573.2.pdf.

Bills Would Crack Down on Unlicensed Practice and Protect Therapists’ Rights to Work from Home

House Bill 5883, sponsored by Representative Orange, would establish criminal liability and penalties for those who engage in the unlicensed practice of massage therapy. The bill was assigned to the Joint Committee on Public Health but a hearing has not been scheduled yet. ABMP supports HB 5883.

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