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Massage Therapy Legislative Updates July/August 2023

Massage Therapy Legislative Updates July/August 2023

Legislation Recently Signed Into Law

ALABAMA HOUSE BILL 192 (HB 192) WAS AMENDED THIS LEGISLATIVE SESSION

In Alabama, the Sunset Bill HB 192 was amended in a Conference Committee. The amendment reduces licensing fees, renewal fees, as well as penalty fees. In addition, the sunset period for this bill is now only extended until October 2024.

ARKANSAS PASSES SENATE BILL 58 AND HOUSE BILL 1729

Arkansas recently signed Senate Bill 58 into law which will allow massage therapy student and apprentice-level licensing. Background checks and massage therapy learning permits issued by the DOH are required for those enrolling in massage schools, a postsecondary massage therapy school, or a massage therapy apprenticeship program. House Bill 1729 makes all Arkansas massage therapists mandatory reporters for any suspected child maltreatment, abuse, or death. This bill went into effect on April 10, 2023.

IOWA ESTABLISHES A NEW CONTINUING EDUCATION RULE

The Iowa Board of Massage Therapy adopted a new continuing education rule that went into effect on May 24, 2023. The new rule allows massage therapists to complete the required 16 CE hours for license renewal either through in-person instruction or online.

SOUTH CAROLINA ADOPTS NEW MASSAGE THERAPY RULES

In May, the South Carolina Panel for Massage/Bodywork adopted new rules that include renaming the Panel to the Massage Therapy Board. The rules also impact the minimum massage therapy education curriculum, temporary massage licenses for a professional event, endorsements, reactivation of an inactive license, authority to practice massage in an emergency, as well as massage therapy and sole practitioner establishment licenses.

NEW WEST VIRGINIA LAW INCREASES EDUCATIONAL HOURS AND REQUIRES ESTABLISHMENT LICENSURE

In late March, West Virginia signed Senate Bill 665 (SB 665) into law increasing the massage therapy educational hours requirement and requiring licensure for massage establishments. The law goes into effect on October 1, 2023.

WASHINGTON TO ADOPT HEALTH EQUITY CONTINUING EDUCATION REQUIREMENTS

The Washington Board of Massage is working with the Department of Health to adopt health equity continuing education (CE) rules. The new CE training will aim to provide health care workers with the skills to recognize and reduce health inequities.

Legislation Introduced or Reintroduced in 2023

OHIO IS STILL CONSIDERING THE INTERSTATE MASSAGE COMPACT BILL

Ohio is still considering adopting the Interstate Massage Therapy Compact bill in the state. The Interstate Compact's purpose is to support the mobility of licensed massage therapists across the country and ease the existing burdens of license portability. The Compact cannot be fully implemented until at least seven states adopt it.

KANSAS BILL TO ESTABLISH STATEWIDE LICENSURE WAS NOT HEARD IN THE 2023 LEGISLATIVE SESSION

Senate Bill 305, a bill to enact the Massage Therapy Practice Act, which would require statewide licensure for massage therapists in Kansas, will not be heard this legislative session due to a full schedule. SB 305 will likely be reintroduced in the 2024 legislative session.

MINNESOTA LICENSING COMPANION BILLS WILL NOT MOVE FORWARD IN 2023

House File 973 (HF 973) and Senate File 967 (SF 967) were introduced this legislative session to establish state licensure for massage therapists as well as Asian bodywork therapists. Although the legislature was not able to move these bills forward in 2023 due to competing priorities, they expect to be reintroduced in 2024.

MONTANA INTRODUCES CRIMINAL PENALTIES BILL

In this legislative session, Montana introduced House Bill 115 (HB 115), which consolidates penalties for unlicensed practice across all licensing boards, including the Montana Board of Massage Therapy (Board). This bill would allow the Department of Labor and Industry to create one policy, which every licensing board in the state would be required to follow.

NEW YORK BILL WOULD DECRIMINALIZE UNLICENSED PRACTICE OF MASSAGE

New York Assembly Bill 1112 (AB 1112) 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.

NEW HAMPSHIRE, MASSACHUSETTS, AND KENTUCKY INTRODUCE BILLS ON MASSAGE AS OPIOID ALTERNATIVE

Bills relating to opioid alternatives for pain management have been introduced in multiple states this year. The 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.

OKLAHOMA BILL SB 633 DID NOT MOVE FORWARD

The Oklahoma Senate Bill 633 (SB 633) which would have created an additional $50 license for massage establishments and would strike out the liability insurance requirement did not pass in the 2023 legislative session.