The 2022 legislative season was as busy as the industry has seen since the start of the pandemic. Here is a recap of the laws and bills that have been signed, after updated or amended across the nation, as well as bills that are likely to be reintroduced in the 2023 legislative session.

Legislation Signed Into Law

ARIZONA BACKGROUND CHECK LEGISLATION FOR MASSAGE THERAPY APPLICANTS

HB 2438 revised the background check process for massage therapy applicants in Arizona. 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.

INDIANA STATE BOARD OF MASSAGE THERAPY ADOPTS NEW LICENSING RULES FOR LMTS

On July 13, 2022, Indiana adopted new rules for the practice of massage therapy. As part of these rules, current Certified Massage therapists are automatically considered Licensed Massage therapists (LMTs). LMTs will need to complete 18 continuing education (CE) hours by May 2025 to maintain their licenses. Current uncertified massage therapists have until January 11, 2023 to apply for licensure.

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 law. Effective 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 health care 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.

CALIFORNIA BILL EXTENDS CAMTC FOR FOUR YEARS

AB 2687 allowed for the continuation of voluntary certification of massage practitioners and massage therapists by the California Massage Therapy Council (CAMTC) and other non-substantive changes to CAMTC.

Legislation Likely To Be Introduced or Reintroduced in 2023

KANSAS BILL WOULD ESTABLISH THE MASSAGE BOARD UNDER THE HEALING ARTS

Legislation will be reintroduced in Kansas that 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.

MINNESOTA LICENSING BILL WILL NOT MOVE FORWARD IN THE 2022 LEGISLATION SESSION

Legislation for licensing Massage and Asian Bodywork therapists was introduced in 2021 and awaited a hearing schedule in the House and

Senate 2022 session. A hearing was not scheduled for the legislation, and therefore did not progress through the appropriate committees to move forward in the process. These bills will have another opportunity to be assigned and heard in the 2023 session.

NEW YORK BILL WOULD DECRIMINALIZE UNLICENSED PRACTICE OF MASSAGE

Legislation would decriminalize the unlicensed practice of massage therapy, as well as decriminalize the aiding or abetting of unauthorized or unlicensed practice of massage therapy in New York. 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

Legislation relating to opioid alternatives for pain management will be reintroduced in 2023. €is legislation recognizes massage therapy as a non- pharmacological alternative to opioids for treating chronic pain, along with acupuncture, chiropractic treatments, physical therapy, occupational therapy, and osteopathic care.

NEW HAMPSHIRE MASSAGE ESTABLISHMENT LICENSE LEGISLATION

Legislation would create 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 and will likely be reintroduced in 2023.

UTAH BILL NOT SIGNED DUE TO CLERICAL ERROR

A bill that creates additional tiers of licensing with varying levels of educational requirements with the lowest tier at 150 hours of training was introduced in 2022. Many in the profession say that this effort 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.

BILL REGULATING THE PRACTICE OF MASSAGE THERAPY IN WYOMING

Legislation creating the Massage Therapy Practice Act, establishing the board of massage therapy and regulating the practice of massage will be assigned to the Labor, Health and Social Services Committee for the upcoming 2023 session.