SENATE BILL NO. 1418

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S1418.................................................by HEALTH AND WELFARE
MASSAGE THERAPY - LICENSURE - Adds to existing law relating to the practice
of massage therapy in Idaho; to define terms; to provide conditions when a
license is required; to provide exemptions; to create a Board of Massage
Therapy and to provide the powers and duties of the board; to provide for
the licensure of existing practitioners; to provide for certificates of
good standing for courses of instruction; to provide for disciplinary
action; and to provide for enforcement and penalties.
                                                                        
02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Health/Wel

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1418
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE PRACTICE OF MASSAGE THERAPY; AMENDING TITLE 54, IDAHO CODE, BY
  3        THE ADDITION OF A NEW CHAPTER 49, TITLE 54,  IDAHO  CODE,  TO  GOVERN  THE
  4        PRACTICE  OF  MASSAGE  THERAPY IN IDAHO, PROVIDING A STATEMENT OF PURPOSE,
  5        DEFINING TERMS, SPECIFYING EXEMPTIONS FROM THE CHAPTER, SPECIFYING  PROHI-
  6        BITIONS,  PROVIDING  FOR  REFERRAL, DEFINING CONDITIONS  WHEN A LICENSE IS
  7        REQUIRED, CREATING A BOARD OF MASSAGE THERAPY, PROVIDING  THE  POWERS  AND
  8        DUTIES  OF THE BOARD, PROVIDING FOR FEES, PROVIDING REQUIREMENTS FOR ISSU-
  9        ANCE OF A LICENSE, PROVIDING FOR LICENSURE BY ENDORSEMENT,  PROVIDING  FOR
 10        LICENSE RENEWAL, PROVIDING FOR REINSTATEMENT OF LICENSE, PROVIDING FOR THE
 11        LICENSING  OF  EXISTING  PRACTITIONERS, PROVIDING FOR CERTIFICATES OF GOOD
 12        STANDING FOR COURSES OF INSTRUCTION, PROVIDING  FOR  DISCIPLINARY  ACTION,
 13        PROVIDING  FOR  CONTESTED  CASES, PROVIDING FOR ENFORCEMENT AND PENALTIES,
 14        ADDRESSING THIRD PARTY REIMBURSEMENT; AND PROVIDING AN EFFECTIVE DATE  AND
 15        DELAYED IMPLEMENTATION.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1  That Title 54, Idaho Code, be, and the same is  hereby  amended
 18    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 19    ter 49, Title 54, Idaho Code, and to read as follows:
                                                                        
 20                                      CHAPTER 49
 21                                   MASSAGE THERAPY
                                                                        
 22        54-4901.  PURPOSE.  By  the  adoption of this chapter, it is the intent of
 23    the legislature to protect the public health, safety and welfare, and to  pro-
 24    vide  for  state  administrative supervision, licensure, regulation and disci-
 25    plinary procedures, of every person providing massage therapy  who  meets  and
 26    maintains the standards of practice and code of ethics as adopted by the board
 27    and  is  licensed  under  the  provisions  of  this  chapter, unless otherwise
 28    exempted herein.
                                                                        
 29        54-4902.  DEFINITIONS. As used in this chapter, the following  terms  have
 30    the following meanings:
 31        (1)  "Board"  means  the board of massage therapy created pursuant to sec-
 32    tion 54-4907, Idaho Code.
 33        (2)  "Board approved course of instruction" means an  educational  program
 34    which  meets  minimum standards for massage therapy training and curriculum as
 35    established in section 54-4910(4), Idaho Code.
 36        (3)  "Compensation" means the payment, loan, advance, donation,  contribu-
 37    tion, deposit, or gift of money or anything of value.
 38        (4)  "Massage therapist" means a person who meets the requirements of this
 39    chapter and who engages in the practice of massage therapy.
 40        (5)  "Massage  therapy"  means the care and services provided by a massage
 41    therapist.
                                                                        
                                           2
                                                                        
  1        (6)  "Massage therapy establishment" means a site,  premises,  or  portion
  2    thereof,  wherein  licensed individuals practice massage therapy for compensa-
  3    tion;
  4        (7)  "Practice of massage therapy" means the application of  a  system  of
  5    structured  touch,  pressure,  movement and holding of the soft tissues of the
  6    human body.  The application may include:
  7        (a)  Pressure, friction, stroking, rocking, kneading, percussion, or  pas-
  8        sive  or active stretching within the normal anatomical range of movement;
  9        (b)  Complementary  methods,  including the external application of water,
 10        heat, cold, lubricants and other topical preparations;
 11        (c)  The use of mechanical devices that mimic or enhance actions that  may
 12        be done by the hands.
 13        (8)  "Professional  massage  therapy association" means a state or nation-
 14    ally recognized organization devoted to massage therapy which  meets  each  of
 15    the following requirements:
 16        (a)  The  organization or association requires that its members meet mini-
 17        mum educational requirements;
 18        (b)  The organization or association has an established code of ethics and
 19        has enforcement procedures for the suspension and revocation or discipline
 20        of membership of persons violating the code of ethics; and
 21        (c)  The organization is open to members of the general public meeting the
 22        requirements for membership on either a statewide or national  basis,  and
 23        the  organization maintains a membership which reflects substantial state-
 24        wide or national participation by persons engaged in the business of  mas-
 25        sage therapy.
                                                                        
 26        54-4903.  EXEMPTIONS.  (1)  Nothing  in this chapter shall be construed to
 27    restrict any person licensed or regulated by the state of Idaho from  engaging
 28    in the profession or practice for which they are licensed or regulated includ-
 29    ing,  but  not limited to, any athletic trainer, chiropractor, dentist, nurse,
 30    physician, podiatrist, acupuncturist, physician assistant, occupational thera-
 31    pist, optometrist, physical therapist, physical therapist  assistant,  or  any
 32    other  practitioner  of the healing arts licensed or regulated by the state of
 33    Idaho, nor  restrict employees working under the direct supervision  and  con-
 34    trol of those persons referred to in this section, so long as such person does
 35    not hold himself or herself out as a massage therapist.
 36        (2) Nothing in this chapter shall prohibit:
 37        (a)  The  practice  of massage therapy by a person employed by the govern-
 38        ment of the United States while the person is engaged in  the  performance
 39        of duties prescribed by the laws and regulations of the United States.
 40        (b)  The practice of massage therapy by persons duly licensed, registered,
 41        or  certified  in another state, territory, the District of Columbia, or a
 42        foreign country when incidentally called into this state to teach a course
 43        related to massage therapy or to consult with a person licensed under this
 44        chapter.
 45        (c)  Students enrolled in a board approved  course  of  instruction  while
 46        completing  a  clinical requirement for graduation that shall be performed
 47        under the supervision of a person licensed under this  chapter,  and  pro-
 48        vided  the student does not hold himself or herself out as a licensed mas-
 49        sage therapist and does not receive compensation for services performed.
 50        (d)  A person providing massage therapy without compensation.
 51        (e)  The practice of movement educators such as dance therapists or teach-
 52        ers, yoga teachers, martial arts  instructors  and  movement  repatterning
 53        practitioners,  including  those  practicing  the  feldenkrais  method  of
 54        somatic education or the trager approach.
                                                                        
                                           3
                                                                        
  1        (f)  Persons  who  restrict  their manipulation of the soft tissues of the
  2        human body to the hands, feet or ears.
  3        (g)  The practice of techniques that are specifically intended  to  affect
  4        only  the human energy field including, but not limited to, polarity ther-
  5        apy.
  6        (h)  Persons incidentally in this state to provide massage therapy as part
  7        of an emergency response team working in conjunction with disaster  relief
  8        officials.
                                                                        
  9        54-4904.  PROHIBITIONS.  Massage  therapists  shall not perform any of the
 10    following:
 11        (1)  Diagnosis of injury, illness or disease;
 12        (2)  Medical procedures;
 13        (3)  Chiropractic adjustive or skeletal manipulative  procedures,  or  any
 14    other  procedures  as defined in section 54-704, Idaho Code, except as allowed
 15    in 54-4902(7), Idaho Code;
 16        (4)  Electrical stimulation or application of ultrasound;
 17        (5)  Dispensation of, application of  or  issuance  of  prescriptions  for
 18    pharmaceutical agents;
 19        (6)  Any act, treatment, service or procedure for which a license to prac-
 20    tice medicine, athletic training, dentistry, optometry, chiropractic, nursing,
 21    physical therapy, occupational therapy, acupuncture or podiatry as required by
 22    law; and
 23        (7)  Acts  committed  for  the purpose of sexual arousal, gratification or
 24    abuse.
                                                                        
 25        54-4905.  REFERRAL. A massage therapist shall refer persons under  his  or
 26    her  care  to appropriate health care practitioners including, but not limited
 27    to, licensed  medical physicians, osteopathic  physicians,  podiatrists,  den-
 28    tists,  physical  therapists or chiropractic physicians, if the massage thera-
 29    pist has reasonable cause to believe symptoms or conditions are  present  that
 30    require  services  beyond the scope of practice of massage therapy or when the
 31    massage therapist has reasonable cause to  believe  that  massage  therapy  is
 32    contraindicated.
                                                                        
 33        54-4906.  LICENSE  REQUIRED.  (1) A person shall not practice or hold him-
 34    self or herself out to others as a massage therapist without  first  receiving
 35    from the board a license to engage in that practice.
 36        (2)  A  person  holds himself or herself out to others as a massage thera-
 37    pist when the person  adopts  or  uses  any  title  or  description  including
 38    "massage  therapist,"  "masseur,"  "masseuse,"  "massagist," "massotherapist,"
 39    "myotherapist," "body therapist," "structural  integrator,"  "massage  techni-
 40    cian,"  "massage  practitioner"  or any derivation of those terms that implies
 41    this practice.
 42        (3)  It shall be unlawful for any person who is  not  a  licensed  massage
 43    therapist  under this chapter to advertise using the term "massage therapist."
 44    It shall be unlawful for any person to advertise that the  person  engages  in
 45    the practice of massage therapy in any public or private publication or commu-
 46    nication  unless  such  person  is  either  a licensed massage therapist or is
 47    exempt from the licensing requirements hereof  and  whose  licensed  scope  of
 48    practice  includes  the  practice of  massage therapy.  Any person who holds a
 49    license to practice as a massage therapist in this state  may  use  the  title
 50    "Licensed  Massage  Therapist." No other person shall assume this title or use
 51    an abbreviation or any other words, letters, signs,  or  figures  to  indicate
 52    that  the  person  using  the title is a licensed massage therapist. A massage
                                                                        
                                           4
                                                                        
  1    therapy establishment employing or contracting  with  persons  licensed  under
  2    this chapter may advertise on behalf of those persons.
                                                                        
  3        54-4907.  BOARD OF MASSAGE THERAPY. (1) There is hereby established in the
  4    department  of  self-governing  agencies, bureau of occupational licenses, the
  5    board of massage therapy. The members thereof shall be appointed by the gover-
  6    nor.
  7        (2)  The board shall consist of five (5) members, three (3) of whom  shall
  8    be  licensed  pursuant to this chapter and two (2) of whom shall be members of
  9    the public with an interest in the rights of the consumers of massage  therapy
 10    services.   At no time shall more than one (1) board member be an owner of, an
 11    instructor of, or  otherwise  affiliated  with  a  board  approved  course  of
 12    instruction or any other massage therapy school or course of instruction.
 13        (3)  Appointments  to the board shall be made by the governor from nomina-
 14    tions received from professional massage therapy associations, who shall nomi-
 15    nate at least two (2) but no more than four (4)  persons  qualified  for  each
 16    position to be filled.
 17        (4)  All members of the board shall be residents of the state of Idaho for
 18    the  duration  of their appointment and shall have been residents of the state
 19    of Idaho for a minimum of three (3) years immediately preceding appointment.
 20        (5)  The initial three (3) licensed massage therapist members of the board
 21    shall be persons with at least three (3) years of experience in  the  practice
 22    of  massage therapy who are eligible to become licensed pursuant to this chap-
 23    ter, and who, within one hundred eighty (180) days of their appointment, shall
 24    become licensed pursuant to this chapter.
 25        (6)  The initial board shall be appointed for staggered terms, the longest
 26    of which shall not exceed three (3) years. After the initial appointments, all
 27    terms shall be for three (3) years, and a member may be reappointed for a sec-
 28    ond term.  No member shall serve more than two (2)  terms.  In  the  event  of
 29    death, resignation, or removal of any member before the expiration of the term
 30    to  which  appointed, the vacancy shall be filled for the unexpired portion of
 31    the term in the same manner as the original appointment.
 32        (7)  The governor may remove any member of the board for cause,  prior  to
 33    the expiration of the member's term.
 34        (8)  The board, within thirty (30) days after its initial appointment, and
 35    at  least  annually thereafter, shall hold a meeting and elect a chairman. The
 36    board may hold additional meetings on the call of the chair or at the  written
 37    request  of  any two (2) members of the board. The board may appoint such com-
 38    mittees as it considers necessary to carry out its duties. A majority  of  the
 39    members of the board shall constitute a quorum.
 40        (9)  Each  member of the board shall be compensated as provided in section
 41    59-509(n), Idaho Code.
                                                                        
 42        54-4908.  POWERS AND DUTIES OF THE BOARD. The board shall have the author-
 43    ity to:
 44        (1)  Determine the qualifications of persons applying for licensure pursu-
 45    ant to this chapter and define, by rule,  the  appropriate  scope  of  massage
 46    therapy  in  this  state, provided however, that the scope of practice may not
 47    exceed that defined in section 54-4902(7), Idaho Code;
 48        (2)  Authorize, by written agreement, the bureau of occupational  licenses
 49    as agent to act in its interest;
 50        (3)  Adopt  such  rules  as  are  necessary for the administration of this
 51    chapter, including standards of professional conduct;
 52        (4)  Conduct investigations and examinations and hold hearings;
 53        (5)  Collect fees and other funds as prescribed by this chapter;
                                                                        
                                           5
                                                                        
  1        (6)  Contract, sue and be sued, and pursue other matters  lawful  in  this
  2    state relating to massage therapy;
  3        (7)  Provide  such  other services and perform such other functions as are
  4    necessary and desirable to fulfill its purposes.
                                                                        
  5        54-4909.  FEES. (1) All fees received under the provisions of this chapter
  6    shall be paid to the department of self-governing agencies, bureau of  occupa-
  7    tional  licenses,  and  deposited  in  the state treasury to the credit of the
  8    occupational licenses fund. All costs and expenses incurred under  the  provi-
  9    sions of this chapter shall be a charge against and paid from said fund. In no
 10    case  shall  any  salary, expense, or other obligation of the board be charged
 11    against the general fund.
 12        (2)  The board, by rule, may impose the following fees not to  exceed  the
 13    amounts listed below:
 14        (a)  Original license fee..........................................$200.00
 15        (b)  Application fee...............................................$ 50.00
 16        (c)  License renewal fee...........................................$200.00
 17        (d)  License by endorsement........................................$200.00
 18        (e)  Duplicate license.............................................$ 10.00
 19        (f)  Reinstatement fee.............................................$ 50.00
                                                                        
 20        54-4910.  REQUIREMENTS  FOR  ISSUANCE  OF LICENSE. Upon application to the
 21    board and the payment of the required fees, an applicant may be licensed as  a
 22    massage  therapist if the applicant meets all the requirements of this chapter
 23    and provides documentation acceptable to the board that he or she:
 24        (1)  Has obtained a high school diploma or equivalent;
 25        (2)  Is eighteen (18) years of age or older;
 26        (3)  Is of good moral character as determined by the board;
 27        (4)  Has successfully completed a board approved course of study  consist-
 28    ing  of a minimum of five hundred (500) classroom hours of supervised instruc-
 29    tion, including massage therapy technique and theory, contraindications,  eth-
 30    ics,  sanitation,  hygiene,  business  training, cardiopulmonary resuscitation
 31    (CPR) and first aid, and at least one hundred (100) hours  of  instruction  in
 32    anatomy and physiology;
 33        (5)  Has  successfully passed an examination approved by the National Com-
 34    mission of Certifying Agencies (NCCA) certifying massage  therapists,  or  has
 35    successfully passed an examination administered or approved by the board.
                                                                        
 36        54-4911.  ENDORSEMENT  LICENSURE.  The  board  may grant a license without
 37    examination to any person who, at the time of application, is licensed or cer-
 38    tified by a board of massage therapy of another state, provided  the  require-
 39    ments for such certification or licensure were substantially equivalent to the
 40    requirements  of  this  chapter, and upon payment of a fee to be determined by
 41    the board.
                                                                        
 42        54-4912.  LICENSE RENEWAL. (1) A license shall be issued for a  period  of
 43    not  less  than one (1) year nor more than four (4) years, in conformance with
 44    rules adopted by the board. Each license shall set forth the  expiration  date
 45    on  its  face.  The  failure  of  any licensee to renew his or her license, as
 46    required herein and by the rules of the board shall not deprive such person of
 47    the right to renewal, except as provided  for  in  section  54-4913(2),  Idaho
 48    Code.
 49        (2)  When renewing a license, each licensee shall submit to the board evi-
 50    dence  of  the  successful  completion  of board approved continuing education
 51    study in the field of massage therapy.  The number of hours of continuing edu-
                                                                        
                                           6
                                                                        
  1    cation study required shall be determined by rule of the board.
  2        (3)  All licensed massage therapists shall report to the  board  any  name
  3    change  or  changes  in  business  and  home addresses within thirty (30) days
  4    after the change becomes final.
                                                                        
  5        54-4913.  REINSTATEMENT  OF  LICENSE.  (1)  Reinstatement  of  an  expired
  6    license shall require the payment of a renewal fee and  reinstatement  fee  in
  7    accordance with rules adopted by the board.
  8        (2)  Reinstatement   of  a  license  that has expired for a period of more
  9    than two (2) consecutive years may require reapplying for a license  and  pay-
 10    ment  of  fees  in  accordance with rules adopted by the board.  The board may
 11    require an individual whose license has expired for a period of more than  two
 12    (2)  consecutive  years to successfully demonstrate to the board competency in
 13    the practice of massage therapy.  The board may also require the applicant  to
 14    take  an  examination,  remedial courses, or both, as may be determined by the
 15    board.
                                                                        
 16        54-4914.  LICENSING OF EXISTING MASSAGE PRACTITIONERS. For a period of one
 17    (1) year after the effective date of this  section,  the  board  may  issue  a
 18    renewable  license  to  any  individual  who, in addition to meeting all other
 19    requirements of this chapter except those contained in  subsections  (1),  (4)
 20    and (5), of section 54-4910, Idaho Code, meets the following requirements:
 21        (1)  Has completed at least one hundred (100) hours of training in massage
 22    therapy acceptable to the board; and
 23        (2)  Has  accrued at least one (1) year of documented experience as a mas-
 24    sage therapist for compensation, with at least two (2) forms of  documentation
 25    including,  but  not  limited to, tax returns, gross tax receipts, yellow page
 26    ads or monthly client receipts, acceptable to the board; or
 27        (3)  Has successfully passed an examination approved by the National  Com-
 28    mission  of  Certifying  Agencies (NCCA) certifying massage therapists, or has
 29    successfully passed an examination administered or approved by the board.
                                                                        
 30        54-4915.  APPLICATION FOR CERTIFICATE OF  GOOD  STANDING  FOR  COURSES  OF
 31    INSTRUCTION.  The  board  shall establish rules for the approval of courses of
 32    instruction.  These rules may include:
 33        (1)  Basic curriculum standards that ensure graduates have  the  education
 34    skills necessary to carry out the safe and effective practice of massage ther-
 35    apy;
 36        (2)  Standards for faculty and learning resources;
 37        (3)  Requirements for reporting changes in instructional staff and curric-
 38    ulum;
 39        (4)  A description of the process used by the board to approve a course of
 40    instruction.  Any training program that offers a course of instruction in mas-
 41    sage therapy may make application for approval to the board. The  board  shall
 42    grant  approval  to  courses  of instruction, whether in this state or another
 43    state, that meet the criteria established in section 54-4910(4),  Idaho  Code.
 44    The board shall maintain a list of approved courses of instruction.
                                                                        
 45        54-4916.  DISCIPLINARY  ACTION.  The  board  may  deny, suspend, revoke or
 46    refuse to issue a license for any of the following:
 47        (1)  The employment of fraud, deceit or misrepresentation in obtaining  or
 48    attempting to obtain a license or the renewal of a license;
 49        (2)  Practicing  as  a massage therapist when physical or mental abilities
 50    are impaired by the use of controlled substances or other drugs, chemicals  or
 51    alcohol;
                                                                        
                                           7
                                                                        
  1        (3)  Conviction of a felony, a crime involving moral turpitude, or a crime
  2    under  any  municipal,  state or federal narcotic or controlled substance law,
  3    provided that the board has taken into consideration the rehabilitation of the
  4    applicant or licensee and other mitigating circumstances;
  5        (4)  Having been adjudged mentally incompetent by  a  court  of  competent
  6    jurisdiction;
  7        (5)  Engaging in any act or practice in violation of any of the provisions
  8    of  this chapter or of any of the rules adopted by the board, or aiding, abet-
  9    ting, or assisting any other person in such a violation;
 10        (6)  The commission of an act of malpractice, gross negligence or incompe-
 11    tence;
 12        (7)  Practice without a valid license;
 13        (8)  Engaging in any lewd, indecent, obscene or unlawful behavior  with  a
 14    client;
 15        (9)  The  employment  of fraud, deceit, or misrepresentation when communi-
 16    cating with the general public, health care professionals  or  other  business
 17    professionals;
 18        (10) Having  had a license revoked or suspended, other disciplinary action
 19    taken or an application for licensure refused, revoked  or  suspended  by  the
 20    proper  authorities  of  another state, territory or country, or omitting such
 21    information from any application to the board,  or  failing  to  divulge  such
 22    information when requested by the board;
 23        (11) A violation of the code of ethics or standards of practice as adopted
 24    by the board.
                                                                        
 25        54-4917.  CONTESTED  CASES.  Applications  for  licensure  that  have been
 26    denied by the board and disciplinary acts brought under section 54-4916, Idaho
 27    Code, shall be considered contested cases as provided for in chapter 52, title
 28    67, Idaho Code, and be subject to the provisions of that chapter, as  well  as
 29    the rules adopted by the board governing contested cases.
                                                                        
 30        54-4918.  ENFORCEMENT  --  PENALTIES. (1) A person who violates any provi-
 31    sion of this chapter shall, upon conviction, be guilty of a misdemeanor.
 32        (2)  The board may seek an injunction against  any  person  who  practices
 33    massage therapy in violation of this chapter and may, in the event a permanent
 34    injunction  is  entered  against such person or a plea or verdict of guilty is
 35    entered in any criminal matter, impose a civil penalty in the  amount  of  all
 36    costs and fees incurred by the board in prosecuting the matter.
                                                                        
 37        54-4919.  THIRD PARTY REIMBURSEMENT. Nothing in this chapter shall be con-
 38    strued  to  require  third  party reimbursement to persons licensed under this
 39    chapter.
                                                                        
 40        SECTION 2.  The provisions of this act shall be in full force  and  effect
 41    on  and  after  July  1, 2002, except that the provisions of Sections 54-4906,
 42    54-4914 and 54-4917, Idaho Code, shall not take effect until January 1, 2003.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE	
                          RS 11966



	The purpose of this legislation is to provide for the 
licensing of massage therapists practicing in Idaho. The 
legislation provides qualifications for licensure, including 
educational requirements, and creates a board of massage therapy 
to be administered within the Department of Self-Governing Agencies, 
Bureau of Occupational licenses.


                        FISCAL IMPACT

	This bill will have no impact on the General Fund.




Contact: Molly Creswell
         Givens Pursley LLP
         3881200


STATEMENT OF PURPOSE/FISCAL NOTE		S 1418