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
|||| 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
1 (6) "Massage therapy establishment" means a site, premises, or portion
2 thereof, wherein licensed individuals practice massage therapy for compensa-
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
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.
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-
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
9 54-4904. PROHIBITIONS. Massage therapists shall not perform any of the
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
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
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
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-
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;
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
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-
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
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-
36 (2) Standards for faculty and learning resources;
37 (3) Requirements for reporting changes in instructional staff and curric-
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
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
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-
12 (7) Practice without a valid license;
13 (8) Engaging in any lewd, indecent, obscene or unlawful behavior with a
15 (9) The employment of fraud, deceit, or misrepresentation when communi-
16 cating with the general public, health care professionals or other business
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
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
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.
This bill will have no impact on the General Fund.
Contact: Molly Creswell
Givens Pursley LLP
STATEMENT OF PURPOSE/FISCAL NOTE S 1418