The 2023 legislative season is shaping up to be a busy one. Here is a recap of the laws and bills that have been recently signed, 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 Goes Into Effect on January 1

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

Indiana Uncertified Massage Therapists Have Until January 11 to Apply for Licensure

This summer, 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.

Iowa Establishes a New Rule for Massage therapists Regarding Mandatory Reporter Training

A new rule has been established for House file 2168 (signed into law in May 2022), requiring massage therapists who treat children and dependent adults to complete mandatory reporter training. The Iowa Department of Human Services is required to develop and provide the core training curriculum for all mandatory reporters in Iowa.

Kentucky Bill to Add 6% Sales Tax on Massage Therapy Services in January

Effective January 1, 2023, a 6% sales tax will be required on “non-medically necessary” massage therapy. Taxes from massage services will be collected by the Kentucky Department of Revenue (DOR) through the Sales and Use Tax Division. Massage therapists will need to set up a sales and tax account through the Kentucky Business One Stop Portal.

Legislation Likely To Be Introduced or Reintroduced in 2023

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 Bills Did 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 the bills did not progress through the appropriate committees to move forward in the process. This legislation 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.

Pennsylvania Introduces Licensure of Bodywork Facilities Bill

Pennsylvania has introduced House Bill 2899, which calls for the regulation of facilities where the practice of massage therapy and bodywork is conducted. This legislation would provide statewide regulation of massage businesses and would require a valid facility license, manager’s license, and a table shower license.

Rhode Island Bills on Massage as an Opioid Alternative

Legislation relating to opioid alternatives for pain management will be reintroduced in 2023. This 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

New 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 Creating Lower Tiers of Massage Licensure to be Heard in 2023 Legislative Season

Senate Bill 180, intended to create two additional lower tiers of massage licensure in Utah, passed the House and Senate during the last legislative session, but then died due to a clerical error in March 2022. This November, the bill was passed through the Business and Labor Interim Committee and will now be heard at the start of the 2023 legislative session.

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.