New Jersey Passes Massage Legislation

By Kathryn Feather
May 29, 2009

New Jersey Passes Massage Legislation

By Kathryn Feather
May 29, 2009

The state of New Jersey passed new massage legislation last month that provided for new educational standards and testing, replacing the previous "voluntary" certification with licensing guidelines. The old voluntary provision proved problematic, as it created issues with local jurisdictional control of the profession. Massage and bodywork therapists around the state have been pushing for a mandatory licensure provision to eliminate some of these problems.

S.B.2536, passed by the state Senate and signed by Gov. Jon Corzine on Jan. 15, 2008, strengthens the law previously on the books in that state. The new provisions in this bill provide for public protection of practice and title instead of just title alone, as well as allowing reciprocity with other regulated states. The new law also removes the "somatic" title protection and allows for stronger board oversight and greater board input, even though the board still will be under the authority of the New Jersey Board of Nursing.

According to the bill: "Massage and bodywork therapies or massage and bodywork means systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage and bodywork principals. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, explaining and describing myofascial movement, self-care and stress management as it relates to massage and bodywork therapies. Massage and bodywork therapy practices are designed to affect the soft tissue of the body for the purpose of promoting and maintaining the health and well-being of the client. Massage and bodywork therapies do not include the diagnosis of illness, disease, impairment or disability."

The educational section of the bill includes some potentially significant changes. This bill puts New Jersey in a similar category as Massachusetts in that neither state mandates testing as part of its entry-level licensure requirement. Both states do not require testing in addition to education; however, other licensed states require specific education guidelines to be met as well as testing.

According to the bill: "To be eligible for licensure as a massage and bodywork therapist, an applicant shall be of good moral character and submit to the board satisfactory evidence of: a. Successful completion of a minimum of 500 hours in class study in the field of massage and bodywork therapies approved by the board; or b. Successful completion of a written examination approved by the board, which shall consider relevant education, training and practical work experience to determine the applicant's competence to practice massage and bodywork therapies. The successful completion of any such examination may have been accomplished before the effective date of this act."

Deleted from the previous version of New Jersey's massage regulation guidelines was the exclusive use of the National Certification Board for Therapeutic Massage and Bodywork's (NCBTMB) written examination. This puts New Jersey in the company of other states such as Oregon and Arkansas that recently have either opened up their testing requirements to include other examinations, such as the Massage and Bodywork Licensing Examination (MBLEx), or are exclusively adopting the recently approved (MBLEx) created by the Federation of State Massage Therapy Boards.

Another interesting specification in the bill is the requirement "of 500 hours in class [emphasis added] study in the field of massage," which seems to contradict the recent distance-education requirements adopted by the NCBTMB. The NCBTMB recently adopted a new distance-education policy allowing for up to 300 hours of "theoretical and non-hands-on portions of massage education."

So, what does this bill mean for those already practicing massage and bodywork therapies in the state of New Jersey? According to S.B.2536: "For 360 days after the date procedures are established by the board for applying for licensure under the provisions (pending before the Legislature as this bill), any person who engaged in the full-time practice, as determined by the board, of massage and bodywork therapies for two years preceding the enactment date, or in the part-time practice, as determined by the board, of massage and bodywork therapies for five years preceding the enactment date, and has successfully completed a minimum of 200 hours of education or training in massage or bodywork therapies as determined by the board, may acquire a license to practice massage and bodywork therapies without satisfying either the education or examination requirement of section 8 of P.L.1999, c.19 (C.45:11-60)."

To view a copy of this bill, visit the New Jersey Legislature's Web site at www.njleg.state.nj.us/2006/Bills/S3000/ 2536_R1.PDF.