Recent News and Legislative Updates

Oklahoma

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

Update on 2008 Legislative Timing

With one exception, the information posted in November regarding 2008 California legislative plans remains operative. The exception is the timing. That November posting expressed optimism that “we may be able to advance a new bill through at a somewhat faster pace in 2008.” Our desire to pick up the pace has not slackened, but, as is often the case in legislative matters, legislators and legislative committees march to their own rhythms.

New Jersey

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.

Massachusetts

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.

Michigan

Michigan REPEALS Service Tax On December 1, 2007, Governor Granholm signed HB 5408 into law. The law essentially repeals the controversial service tax passed in October and creates a Michigan Business Tax surcharge that is part of a compromise budget solution. Massage therapists, regardless of the setting in which they work, will not have to charge a service tax on massage.

New Jersey

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.

Michigan

In an effort to avert a full government shutdown and address the state’s budget deficit, the Michigan State Legislature passed a tax on services, including “massage,” on October 1, 2007. There are two bills being considered by the legislature at this time. One, SB 838, would repeal the tax before it’s even been implemented. The other, SB 845, would delay the implementation of this tax until December 20, 2007.

Moving Forward in 2008

After consultation in Sacramento with ABMP’s government relations representatives and with key legislators and staff, we intend to participate in a renewed effort in 2008 at securing statewide massage regulation. The motive: problems with inconsistent, burdensome local regulation are not going away; if anything, they are worsening.

Colorado

Massage Therapists Evaluate A Predictable Response from DORA Colorado law requires that individuals or groups proposing legislation to regulate any occupation or profession first submit information to the Colorado Department of Regulatory Agencies (DORA) for the purpose of sunrise review. Sunrise review is essentially an analysis of an occupation with the intent being to only impose regulation on occupations when it is necessary to protect public health, safety, or welfare.

Maryland

Governor O’Malley has called a Special Session of the General Assembly that will commence on Monday, October 29, 2007. The purpose of the session is to address Maryland’s $1.7 billion deficit. Contained in Governor O’Malley’s proposal is an expansion of the sales tax, including a sales tax on massage therapy. Massage is the only health care service to be added as a taxable service. ABMP recommends you contact your representatives this week and ask them to please oppose any tax on massage therapy.

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