Enrolled HB 110: Relating to the Board of Massage Therapists; relating to the practice of massage therapy; relating to massage therapy establishments; relating to the Department of Commerce, Community, and Economic Development; and providing for an effective date.
00Enrolled HB 110 01 Relating to the Board of Massage Therapists; relating to the practice of massage therapy; 02 relating to massage therapy establishments; relating to the Department of Commerce, 03 Community, and Economic Development; and providing for an effective date. 04 _______________ 05 * Section 1. AS 08.61.010 is amended to read: 06 Sec. 08.61.010. Board established. The Board of Massage Therapists is 07 established in the department. The board consists of five members appointed by the 08 governor as follows: 09 (1) four licensed massage therapists who have been engaged in the 10 practice of massage therapy in the state for the three years immediately preceding 11 appointment and who shall remain actively engaged in the practice of massage therapy 12 while serving on the board; not more than one member appointed under this paragraph 13 may have an ownership or partnership interest in a massage school; and 14 (2) one public member; the governor may not appoint as a public
01 member 02 (A) a licensed health care provider; 03 (B) an employee of the state; or 04 (C) a current [OR FORMER] member of another occupational 05 licensing board established under AS 08. 06 * Sec. 2. AS 08.61.020 is amended to read: 07 Sec. 08.61.020. Duties and powers of board. In addition to the duties 08 specified in AS 08.01, the board shall 09 (1) provide for the examination of applicants by the board or through a 10 nationally recognized competency examination approved by the board and issue 11 licenses to applicants the board finds qualified; 12 (2) adopt regulations governing 13 (A) licensing of massage therapists; [AND] 14 (B) the practice of massage therapy; and 15 (C) massage therapy establishments; 16 (3) establish standards of professional competence and ethical conduct 17 for massage therapists; 18 (4) establish standards for continuing education for massage therapists; 19 standards adopted by the board under this paragraph must allow for approval of 20 Internet-based continuing education courses; 21 (5) make available to the public a list of massage therapists licensed 22 under this chapter; 23 (6) determine which states have educational and licensing 24 requirements equivalent to the requirements of this state; 25 (7) enforce the provisions of this chapter and adopt and enforce 26 regulations necessary to implement this chapter; and 27 (8) approve one or more nationally recognized competency 28 examinations and publish and periodically update the list of approved examinations. 29 * Sec. 3. AS 08.61.030 is amended to read: 30 Sec. 08.61.030. Qualifications for license. The board shall issue a license to 31 practice massage therapy to a person who
01 (1) applies on a form provided by the department; 02 (2) pays the fees established under AS 08.61.090; 03 (3) furnishes evidence satisfactory to the board that the person has 04 completed a 05 (A) course of study of at least 625  hours of in-class 06 supervised instruction and clinical work from an approved massage school; or 07 (B) board-approved apprenticeship program; 08 (4) is 18 years of age or older; 09 (5) has been fingerprinted and has provided the fees required by the 10 Department of Public Safety under AS 12.62.160 for criminal justice information and 11 a national criminal history record check; the fingerprints and fees shall be forwarded 12 to the Department of Public Safety to obtain a report of criminal justice information 13 under AS 12.62 and a national criminal history record check under AS 12.62.400; 14 (6) has a current cardiopulmonary resuscitation certification; 15 (7) has received at least two [FOUR] hours of safety education 16 covering bloodborne pathogens and universal precautions in the two years preceding 17 the application for the license; in this paragraph, "bloodborne pathogens" has the 18 meaning given in AS 18.15.450; 19 (8) has successfully completed a nationally recognized competency 20 examination approved by the board; and 21 (9) has not been convicted of, or pled guilty or no contest to, a crime 22 involving moral turpitude, or who has been convicted of, or pled guilty or no contest 23 to, a crime involving moral turpitude if the board finds that the conviction does not 24 affect the person's ability to practice competently and safely. 25 * Sec. 4. AS 08.61.050 is amended to read: 26 Sec. 08.61.050. Standards for license renewal. The board shall renew a 27 license issued under this chapter to a licensee who 28 (1) pays the required fee; 29 (2) meets the continuing education requirements established by the 30 board; 31 (3) has not been convicted of, or pled guilty or no contest to, a crime
01 involving moral turpitude, or has been convicted of, or pled guilty to or no contest to, 02 a crime involving moral turpitude if the board finds that the conviction does not affect 03 the person's ability to practice competently and safely; 04 (4) has a current cardiopulmonary resuscitation certification; and 05 (5) has been fingerprinted and has provided the fees required by the 06 Department of Public Safety under AS 12.62.160 for criminal justice information and 07 a national criminal history record check at least once every six years; the fingerprints 08 and fees shall be forwarded to the Department of Public Safety to obtain a report of 09 criminal justice information under AS 12.62 and a national criminal history record 10 check under AS 12.62.400. 11 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 14 Economic Development and the Board of Massage Therapists may adopt regulations 15 necessary to implement the changes made by this Act. The regulations take effect under 16 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 17 implemented by the regulation. 18 * Sec. 6. Sections 4 and 5 of this Act take effect immediately under AS 01.10.070(c). 19 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect July 1, 2019. 20