On May 9, 2007, Indiana became the 38^th state, along with the District of Columbia, to regulate the massage therapy profession when Governor Mitch Daniels signed Senate Bill 320 into law. The law, which takes effect on July 1, 2007, is a certification bill and does not license massage therapists or take the place of local regulations.

Senators Patricia Miller (R), District 32, Indianapolis; Sue Errington (D), District 26, Muncie; Mike Delph (R), District 29, Carmel; Representatives Sheila Klinker (D), District 27, Lafayette; and David Frizzell (R), District 93, Indianapolis, are being given credit for shepherding the bill through the state legislature.

S.B.320 defines massage therapy as "the application of massage techniques on the human body," including "the use of touch, pressure, percussion, kneading, movement, positioning, nonspecific stretching, stretching within the normal anatomical range of movement and holding, with or without the use of massage devices that mimic or enhance manual measures, and the external application of heat, cold, water, ice, stones, lubricants, abrasives, and topical preparations that are not classified as prescription drugs." Under the provisions of the bill, this does not include "spinal manipulation; and diagnosis or prescribing drugs for which a license is required."

Gov. Daniels has until Jan. 1, 2008 to appoint members to the newly created Indiana State Massage Therapy Board, which will be tasked with approving examinations, discipline and compliance issues, as well as grandfathering provisions. The bill provides title protection only for massage therapists who use the title "Massage Therapist" or "Certified Massage Therapist." Practitioners wanting to use these titles must file for state certification and fulfill all requirements spelled out in the bill.

The board will consist of five members appointed by the governor; three will be massage therapists, "each of whom is certified under this article; and has been actively practicing massage therapy for at least three of the five years immediately preceding the individual's appointment." The remaining two board members will come from the general public. According to the bill, "a board member appointed under this subdivision must not be certified under this article; be the spouse of an individual who is certified or intends to be certified under this article; or have a direct or an indirect financial interest in the profession regulated under this article."

The bill also acknowledges the potential influences of professional associations and requires that the massage therapist members of the board are "not required to be a member of a professional massage therapy association. However: not more than one massage therapist member appointed to the board may belong to the same professional massage therapy association; and one massage therapist member must not be a member of a professional massage therapy association. Each member of the board shall serve a term of three years and until the member's successor is appointed and qualified."

The powers and duties of the board as specified in S.B.320 include judging the qualifications of applicants for certification; issuing, denying or renewing certification, disciplining individuals who violate the rules established by the board; establishing reasonable fees for examination, certification applications, renewal of certifications and other services; maintaining records of all proceedings; maintaining records of all certified massage therapists; and adopting at least two examinations that an applicant may use for certification.

A massage therapist must complete the following steps to become certified: "An application for a massage therapist certification must be made to the board in the form and manner provided by the board; and accompanied by an application fee in the amount set by the board. An individual who applies for certification as a massage therapist must do the following: furnish evidence of satisfactory to the board showing that the individual is at least 18 years of age; has a high school diploma or the equivalent of a high school diploma; has successfully completed a massage therapy school or program that requires at least 500 hours of supervised classroom and hands on instruction on massage therapy." The board also is given the right to deny any application for certification if the applicant has been convicted of prostitution, rape or sexual misconduct, or is a registered sex offender.

The bill also stipulates who can and cannot use the titles Certified Massage Therapist and Massage Therapist. It specifically states, "An individual who is not certified under this article may not: profess to be a certified massage therapist or use the title 'Certified Massage Therapist' or 'Massage Therapist' or the abbreviation 'CMT' or 'MT' to imply the person is a certified massage therapist."

Effective July 1, the state board may "issue a certification before July 1, 2009, to an applicant who practiced massage therapy in Indiana after June 30, 2001 and before July 1, 2009," if the applicant meets the following criteria: "provides the board with IRS income tax return forms from two consecutive years that reflect that the applicant has been employed in the practice of massage therapy; provides the board with business records from two consecutive years that reflect that the applicant has been employed in the practice of massage therapy; or has completed at least 500 hours of supervised classroom and hands-on instruction; provides a copy of a diploma, transcript, certificate or another proof of completion" of an accredited education program.

To view the text of S.B.320 in its entirety, click here.

Resources

1. Copy of Senate Bill 320, available online.
2. "Indiana Passes Statewide Massage Therapy Certification Law." AMTA press release, May 14, 2007. www.amtamassage.org.

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California Continues to Pursue Massage Regulation

Senate Bill 713, California's newest attempt at regulating the massage therapy profession, has progressed through the Senate business, profession and economic development committee after a 6 to 2 vote.

S.B.713 was able to avoid going through the appropriations committee and the public safety committee by a simple amendment in language. This change grants only those certified by the bill the exclusive use of the professional title, "certified/licensed massage therapist," thus making any violation of this standard an unfair business practice act, rather than a misdemeanor offense. On May 31, a 29 to 4 vote propelled the bill to the assembly business professions committee, where it could be voted on as soon as July 10. If the bill passes this hurdle, it will go to the full assembly floor before the following legislative session ends on Sept. 20. If the bill continues to move forward as planned, it could be make it to Governor Schwarzenegger's desk this fall and become law by January 2008.

California massage therapists can contact their representatives to communicate how S.B.713 will affect them. Assembly contact information can be found at www.leginfo.gov.ca.gov.