Legislature(2013 - 2014)BARNES 124
03/10/2014 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB316 | |
| HB152 | |
| HB316 | |
| HB152 | |
| HB328 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 316 | TELECONFERENCED | |
| += | HB 152 | TELECONFERENCED | |
| *+ | HB 328 | TELECONFERENCED | |
| += | HCR 15 | TELECONFERENCED | |
HB 328-BOARD/LICENSING OF MASSAGE THERAPISTS
4:48:38 PM
CHAIR OLSON announced that the next order of business would be
HOUSE BILL NO. 328 "An Act establishing the Board of Massage
Therapists; relating to the licensing of massage therapists; and
providing for an effective date."
4:48:40 PM
REPRESENTATIVE BENJAMIN NAGEAK, Alaska State Legislature,
introduced himself and his staff, Mary Schlosser.
4:49:28 PM
MARY SCHLOSSER, Staff, Representative Benjamin Nageak, Alaska
State Legislature, stated that Alaska is one of six states that
does not regulate massage therapists. She stated the standard
of practice or regulation allows consumers to self-educate the
expected standard of care and an appropriate therapy for their
individual care. This bill endorses business development by
allowing massage therapists to become an in-network provider,
giving them the ability to bill insurance directly versus going
through chiropractors, physical therapists, or physicians'
offices. This may be especially important in light of the roll
out of the Affordable Care Act. She surmised that physical
therapists may see an increase in demand. Regulation may be a
nuisance but it is expected.
MS. SCHLOSSER related that in the fall of 2013, Forbes graded
states in terms of their legal and regulatory framework. She
reported that Alaska ranked 37th in business friendliness. Part
of the standing ranks the states' regulatory environment and
Alaska is ranked 44th of 50 states. She said that this bill
encourages greater professional opportunities for therapists.
The massage therapy profession is growing at a rate of
approximately 120 therapists per year in the state. The time
has come to bring clear industry standards for the health and
safety of Alaskans. She reported that 84 percent of respondents
in the field support state licensure. The sponsor requests the
committee to support this bill and raise the massage therapy
standard in the state.
4:51:59 PM
REPRESENTATIVE JOSEPHSON said he was familiar with massage
therapist rates, which range from $60 to $120, depending on the
time. He surmised that providers that massage therapists work
under receive a portion of the fees. He asked whether this
would change that in massage therapists' favor.
MS. SCHLOSSER deferred to the professionals to answer.
4:52:55 PM
AMANDA UNSER, Chair, Alaska Massage Therapy Licensure Coalition
(ANTLC), stated the ANTLC represents 600 members. She also
serves as the first vice-president of the American Massage
Therapy Association, Alaska Chapter, in charge of legislation.
She has practiced massage therapy for 12 years. She has
previously been licensed in the State of Washington and
maintains that license. The majority of massage therapists are
employed by chiropractors. She referred to a letter of support
from the chiropractors in members' packets. She explained that
the Alaska Massage Therapy Licensure Coalition formed in 2012
and houses two major groups that represent massage therapists
nationwide: the [Associated Bodywork & Massage Professionals]
ABMP and the [American Massage Therapy Association] AMTA, and
massage therapists throughout Alaska. The intentions were to
assess whether massage therapists were ready for licensure and
to get feedback on bill provisions, such as grandfathering or
transition provisions, education, cardiopulmonary resuscitation
(CPR) requirements, exemptions, and how the licensing board
would be formed. The result was overwhelming support from
massage therapists throughout the state. After two years of
research and much deliberation, the result was HB 328. She
urged members to pass HB 328 out of the committee.
4:55:28 PM
DON HABEGER, Director, Division of Corporations, Business, and
Professional Licensing (DCBPL), Department of Commerce,
Community, & Economic Development (DCCED), stated that bring up
one issue. He referred to page 3, line 24, related to
qualifications of a license. He read [beginning on page 3, line
22]:"[Sec.08.61.030. Qualification for license.] The board shall
issue a license to practice massage therapy to a person who (1)
applies on a form provided by the board; ...." He stated that
the division is happy to allow the board to do that work but
typically it is delegated to the department. The same issue
occurs on page 4, line 18. He stated that this language
requires the boar to supply the form, but often this is
something that the department does. He offered his neutrality
on this issue, but if the board wants to delegate this activity,
the department will take the responsibility. In response to a
question, he directed attention to page 4, line 18.
4:57:52 PM
REPRESENTATIVE JOSEPHSON asked for assurances that fees won't
rise above $500. He further asked what assurances that the
biennial fees would be predictable and massage therapists will
not see marked increases.
MR. HABEGER responded that predictability is one of the issues
the department and the legislature have been discussing
recently. He said there are no assurances that it will be $500
year after year. He explained that the license fees are a cost
and fee relationship. The centralized licensing in AS 08.01
basically requires costs incurred by the program results in fees
adjusted accordingly. Licensees are required to pay for the
activities of the program; however, fees don't tend to fluctuate
but are concentrated more on small programs.
4:59:33 PM
CHAIR OLSON offered his belief that a bill before the House
Finance [Standing Committee] would attempt to level out the
fees.
MR. HABEGER answered yes.
4:59:41 PM
REPRESENTATIVE HERRON said he has read the bill and asked
whether this bill provides a typical, normal setup for any new
licensed profession.
MR. HABEGER answered that this program looks similar to an
existing program, and the fiscal note is based on the Board of
Social Work Examiners, consisting of five board members, likely
with a shared licensing examiner based on the time spent working
on the program.
REPRESENTATIVE HERRON asked whether the state has a position on
the bill.
MR. HABEGER answered no.
5:00:53 PM
REPRESENTATIVE HERRON asked if there is a need for this bill.
MR. HABEGER stated that the division has not received any calls
prior to advocates requesting the program about a year ago.
REPRESENTATIVE HERRON noted one letter in opposition to the
bill. He asked whether he has read the letter.
MR. HABEGER answered no.
CHAIR OLSON asked whether the suggested changes would provide
more comfort to the division.
MR. HABEGER answered the two changes are merely suggestions that
may make it easier for the board.
5:02:06 PM
REPRESENTATIVE HERRON asked him to read the letter in opposition
to the bill.
MR. HABEGER agreed to do so.
5:02:18 PM
TRACI GILMOUR, Massage Therapist, stated she has waited 19 years
for licensure. She is a fourth generation Juneauite and has
been practicing massage since 1994 in Juneau. She attended an
800-hour massage program in Seattle, and has held a license from
Washington for her entire career. She owns a massage business
and has practiced under the supervision of a chiropractor for 17
years. She practices medical massage as a majority of her
business and passing this bill will allow her to be recognized
as a health care provider. She has been required through her
license and national membership to receive continuing education
annually. She has not felt burdened by her Washington licensing
fees and the American Massage Therapy Association (AMTA) not the
costs associated with her initial and continuing education. She
indicated that she holds a business license, pays sales tax, and
charges $60 per hour. She did not believe her fees would
increase due to costs incurred with licensure. She takes great
pride in the diverse knowledge she has about the body and
welcomes the opportunity to discuss massage and how she can help
her clients. This bill will assist nearly 600 massage
therapists become current with their education, knowledge of the
body and the many ways they can help or harm their clients. She
urged members to pass the bill from the committee.
5:04:00 PM
REPRESENTATIVE SADDLER asked how many people who are practicing
massage therapy will be barred from doing so under the bill.
MS. GILMORE answered that the grandfathering provisions would
permit anyone practicing massage therapy right now and can
properly prove it. There are seven ways in which they can prove
they have been currently working in the industry.
5:04:47 PM
REPRESENTATIVE SADDLER understood that no one would be barred.
MS. GILMORE agreed so long as they have been working in the
industry for fees. In response to a question, she deferred to
Ms. Unser to reference the specific provisions.
MS. UNSER referred to page 10, line 3, to the transition
provision in HB 328. She specified the bill allows six
different ways to transition in, which can date back to five
years prior to the [effective date of the bill].
5:05:57 PM
CARL KANCIR, Massage Therapist, Northern Comfort Massage
Therapy, stated that he received his training at the University
of Alaska Anchorage (UAA). He started in approximately 2000 or
2001 to get state licensure for massage therapists. He strongly
supports state licensure for massage therapists, but he does
have some questions and comments on the bill. He referred to
page 3, line 27, to the number minimum of hours of in-class
supervised instruction, which he felt should be 1,000 hours. A
number of other states require a minimum of 750 to 1,000 hours.
He offered his belief that increasing the number of hours would
lend credibility for massage therapists, in particular, to gain
knowledge on healing and yet still stay within their scope of
practice and not "run afoul of doctors, chiropractors and other
health care professionals." Again, he suggested it would be
more credible to raise the minimum to 1,000 hours for the
minimum hours for a course of study.
5:08:16 PM
MR. KANCIR referred to page 2, line 26, to the one public
member, which seemed confusing. The language read, as follows:
"(2) one public member; the governor may not appoint as a public
member (A) a licensed health care provider; ...." Additionally,
he expressed concern about requirements for submitting the
person's Form W-2, which he believes is private and personal to
obtain licensure as a massage license. Instead, he thinks that
this provision should be limited to those applicants without
education. He indicated that his accredited studies required
1,250 hours, although he wished he had obtained more hours. He
suggested that provision may need further clarification. He
related he has obtained numerous hours of continuing education
costing several thousand dollars. He just finished a February
1-2 course that cost $400, which illustrates his commitment to
his profession.
5:11:06 PM
REPRESENTATIVE HERRON referred to the transition language. He
asked whether the committee should base the minimum requirements
on the length of time a person has practiced massage therapy.
MR. KANCIR answered yes. He pointed out that the current
massage therapists can't go backwards to gain more hours. He
reiterated his belief that from this point forward the minimum
number of hours for massage therapists should be increased. He
knows many massage therapists, some of whom worked on the issue
of licensure for massage therapists who also objected to being
required to submit federal income tax forms. He said, "It just
doesn't make sense." He acknowledged that he not a lawyer and
suggested the bill language could be stated in "plainer
language" so it could better be understood.
5:13:02 PM
CHAIR OLSON asked whether it is common to require applicants to
submit federal income tax documents and records.
MR. HABEGER answered that he could not think of any program that
requires it.
MS. SCHLOSSER responded that the transition language offers
numerous options and the signed federal income tax is only one
of many options applicants can use to prove they have met the
education and examination requirements. She referred to page 10
to [paragraph (2)(A)-(F)] that lists the options.
5:14:22 PM
CHERI ZEP, Massage Therapist, Chez Sante, stated that she was
raised in Southeast Alaska and has been practicing massage
therapy for 10 years. She stated she is self-employed and owns
and operates Chez Sante in Juneau. She said she provides
employment for six other massage therapists. The hourly rate
for massage is $60 plus tax and she does not anticipate raising
rates since she currently engages in continuing education and
associated costs. She supports massage therapy licensure in the
state to provide public safety for clients and the massage
therapists. The bill sets a standard of education to ensure
massage therapists are trained in contraindications as well as
the body systems and the effect of massage on the body. She
acknowledged that if massage therapists are not properly
educated they can cause harm. It protects clients from
potential sex offenders and human traffickers. Currently,
anyone can call themselves massage therapist since the person
doesn't need to submit to background checks or fingerprinting.
Thus it is possible to have sex offenders and sexual predators
working on innocent people without their knowledge. She chooses
respect and asked members to pass HB 328.
5:15:51 PM
REPRESENTATIVE JOSEPHSON asked whether she pays for malpractice
insurance.
MS. ZEP answered that she pays for liability or malpractice
insurance.
REPRESENTATIVE JOSEPHSON asked about the cost of the insurance.
MS. ZEP answered she pays $195 per year for a $2 million policy.
REPRESENTATIVE JOSEPHSON remarked that is a bargain.
5:16:24 PM
REPRESENTATIVE HERRON asked whether some massage therapists
"won't make the cut" if HB 328 passes.
MS. ZEP answered that she didn't know. She suggested that those
who cannot meet the standards are those currently "hiding behind
the curtains" without a business license and not paying sales
taxes. She offered her belief that there are lots of people in
Juneau that do not want the bill to pass.
5:17:11 PM
REPRESENTATIVE HERRON asked if there are inappropriate people in
the business. He asked whether this activity is prevalent.
MS. ZEPP said she has heard about some issues in larger cities.
She said, "It's not happening here in our town so I don't think
it's going on right now...." She said that it could happen.
[HB 328 was held over.]