legislative cartoon
legislative cartoon

July/August Massage Therapy Legislative Updates

July/August Massage Therapy Legislative Updates

The 2022 legislative season continues to be busy. Learn more about the latest massage therapy legislation, as well as the laws and bills that have been recently signed, updated or amended across the nation.

Legislation Signed Into Law

Arizona Background Check Legislation for Massage Therapy Applicants Signed Into Law 

HB 2438 which revises the background check process for massage therapy applicants in Arizona was recently signed into law. This new law now requires massage therapists who are applying for or renewing a new license to have a valid fingerprint clearance card. This new requirement goes into effect January 1, 2023.

Colorado To Extend Massage Therapy Licensing Requirements

The Colorado Massage Therapy Practice Act was up for sunset review in this session. In April, Governor Polis signed House Bill 22-1226 into law which extends massage therapy licensing requirements until September 1, 2031. There were no substantial changes made to the licensing requirements.

Iowa Mandatory Reporter Legislation for Massage Therapists Signed Into Law

HF 2168 adds licensed massage therapists to the list of persons required to report child and dependent adult abuse. Massage therapists will now be required to complete the related training which the state board will allow to count towards required continuing education hours. This bill will go into effect on July 1, 2022.

Kentucky Bill To Add 6% Sales Tax on Massage Therapy Services Becomes Law

In April, the Governor’s veto was overridden, making the provisions of Kentucky House Bill 8 now law. Effective as of January 1, 2023, a 6% sales tax will be required on “non-medically necessary” massage therapy. These are the same services that fall under the healthcare umbrella in many states. The bill states that medically necessary massage therapy will be exempt from the 6% sales tax, but a definition for what is considered “medically-necessary” is not included in the bill.

Maryland Passes New Licensing Law

On May 29, Maryland signed a new law which creates a single-tier of massage therapy licensure and alters massage education requirements in the state.

New Mexico Bill Allowing Expedited Massage Licensure Signed Into Law

NM HB 191 was signed into law on March 3, 2022. This new law allows for expedited licensure for persons holding a professional or occupational license from another jurisdiction. A massage therapist who possesses a valid license from another state, and has practiced massage therapy for two years will now be able to expedite the licensure process.

Oregon Approved New Massage Therapy Rules

On May 13, Oregon approved new rules that may affect your massage therapy practice. These rules become effective on July 1 and will impact continuing education requirements, definitions around supervised and non-supervised hours in massage education, communicable disease mitigation measures, and board member duties and stipends.

Washington Law Expands the Massage Therapy Board

WA SB 5753 was signed into law on March 30, 2022. This new law increases the number of members on the Washington State Board of Massage Therapy from four to seven. It also raises the per diem for board members for meal and travel reimbursement from $50 to $250.

The Washington Board has also submitted a Preproposal Statement of Inquiry regarding possible rulemaking, to revise rules related to the massage education and training transfer programs. The Board is currently seeking input from Board-Approved schools on this topic and is planning on discussing this further at their next Board meeting on Friday, July 29, 2022.

Tennessee Bill Exempts Temporary License Holders from Competency Exam

On April 8, 2022, Senate Bill 1943 (SB 1943) was signed into law. This new bill which becomes effective on July 1, 2022, allows the Board of Massage Licensure to grant a temporary license to a person in good standing who is either licensed, registered, or certified in another state without passing a competency exam by the Board.

Legislation Currently In Play in the 2022 Session

California Bill Seeks to Establish Professional Massage Licensure Across the State

AB 2687 would  provide for the continuation of certification of massage practitioners and massage therapists by the California Massage Therapy Council (CAMTC) and other nonsubstantive changes to  (CAMTC).

Delaware Proposes Online Continuing Education Rule

The Delaware Board of Massage and Bodywork has proposed a continuing education rule that would allow nine of the twenty-four required hours to be taken online for the license renewal period ending August 21, 2022.

Kansas Bill Would Establish the Massage Board Under The Healing Arts

SB 531 and HB 2400 would establish the Board of Massage Therapy under the umbrella of the Board of Healing Arts. Grandfathering language would allow all current massage therapists to easily obtain a state license, while bodyworkers could continue to practice legally and will not be required to have a massage therapy license.

New York Bill Would Decriminalize Unlicensed Practice of Massage

AB-A8281 would decriminalize the unlicensed practice of massage therapy, as well as decriminalize the aiding or abetting of unauthorized or unlicensed practice of massage therapy. Currently in the state, providing an unlicensed massage is charged as a misdemeanor or E felony, the lowest felony charge available.

Rhode Island Bills On Massage As An Opioid Alternative

RI HB 7131/SB649 are companion bills relating to opioid alternatives for pain management. This legislation recognizes massage therapy as a nonpharmacological alternative to opioids for treating chronic pain, along with acupuncture, chiropractic treatments, physical therapy, occupational therapy, and osteopathic care.

Legislation Likely To Be Reintroduced in 2023

Minnesota Licensing Bill Will Not Move Forward in the 2022 Legislation Session

Minnesota bill HF 1275 and its companion bill SF 1074 for licensing Massage and Asian Bodywork Therapists were introduced in 2021 and awaited a hearing schedule in the House and Senate 2022 session. A hearing was for not scheduled for either bill, and therefore they did not progress through the appropriate committees to move forward in the legislative process this year. These bills will have another opportunity to be assigned and heard in the 2023 session.

New Hampshire Massage Establishment License Legislation

NH 1429 creates a massage establishment license in order to regulate massage therapy businesses for public safety in New Hampshire. This bill does allow an exemption for sole proprietors or solo practitioners. This bill has been placed on hold for further study.

Utah Bill Not Signed Due to Clerical Error

UT SB 180 creates additional tiers of licensing with varying levels of educational requirements with the lowest tier at 150 hours of training. Many in the profession say that SB 180 could create unsafe massage practice by allowing people with entry-level skills, knowledge and training to perform massage therapy. In March, the bill passed both the state senate and house, but was not signed into law due to a clerical error. 

See Also: May/June Massage Therapy Legislative Updates