Legislature(2013 - 2014)
03/28/2014 03:30 PM L&C
| Audio | Topic |
|---|---|
| Start | |
| HB60 | |
| HB230 | |
| HB281 | |
| HB288 | |
| HB302 | |
| HB328 | |
| HB253 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 328-BOARD/LICENSING OF MASSAGE THERAPISTS
3:56:38 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."
3:56:57 PM
REPRESENTATIVE JOHNSON made a motion to adopt Amendment 1,
labeled 28-LS1431\N.2, Martin, 3/25/14, which read as follows:
Page 7, line 31:
Delete ", awareness, and education by Ida P.
Rolf"
Insert "and awareness who has graduated from a
program or is a current member of an organization
recognized by the International Association of
Structural Integrators, including the Rolf Institute
of Structural Integration"
Page 9, line 4, following "medicines,":
Insert "the practice of physical therapy,"
CHAIR OLSON objected for the purpose of discussion.
3:57:13 PM
REPRESENTATIVE BEN NAGEAK, Alaska State Legislature, thanked
members for the opportunity to ask for support for HB 328. He
explained that HB 328 would establish a Board of Massage
Therapists and provide regulation for certification. Massage
therapists have requested licensure but have also asked for a
few changes, which are incorporated into amendments "N.1" [not
yet before the committee] and Amendment 1, [labeled 28-
LS1431\N.2, Martin, 3/25/14, currently under consideration]. He
asked his staff to explain the proposed amendments.
3:57:59 PM
MARY SCHLOSSER, Staff, Representative Benjamin Nageak, Alaska
State Legislature, explained Amendment 1. She referred to page
7, line 31 of HB 328 and stated that the Alaska Massage
Therapist Licensure Coalition (AMTLC) asked for this change
because the International Association of Structural Integrators
(IASI) wanted clarification that the practice of Rolfing would
be exempted from this bill. She noted the Rolfing profession
has very high standards. Secondly, on page 9, line 4, language
was inserted to clarify that massage therapists do not practice
physical therapy. This change was requested by the physical
therapists. In response to a question, Ms. Schlosser said she
wasn't familiar with other groups seeking licensure.
CHAIR OLSON remarked that athletic trainers would be addressed
in a separate licensing bill.
4:00:09 PM
CHAIR OLSON removed his objection to Amendment 1. There being
no further objection, Amendment 1 was adopted.
4:00:22 PM
VICTORIA DANCE, Massage Therapist, stated she is a massage
therapist who works for a medical office in Juneau. She
previously testified in opposition to the bill because it only
requires a minimum of 500 hours of training since ordinances
already require the same minimum hours. It didn't make any
sense to go to the expense of a board for licensing. She said
she has contacted the AMTLC to increase the minimum requirement
for licensure, but the coalition has not been interested in
changing the number of hours so she decided to testify before
the committee with her request. She provided her background,
such that she is a massage therapist who has been licensed in
Arizona since 1983. She was the director of Continuing
Education at the Desert Institute of the Healing Arts in Tucson
prior to working as a massage therapist in a medical clinic in
Juneau for the last five years. She also holds a Master's
Degree in Higher Education Administration. She asked to address
the educational qualifications and aspects of HB 328.
4:02:06 PM
MS. DANCE suggested that the educational requirement should be
increased to 600 hours since almost every standard-setting
organization for massage therapy in the nation recommends a
minimum of 600 to 625 hours training. [The Commission on
Massage Therapy Accreditation] (COMTA), an organization
recognized by the U.S. Secretary of Education to specialize in
accrediting massage therapy schools, requires 600 hours. [The
Entry-Level Analysis Project] ELAP [a research project initiated
by the Coalition of National Massage Therapy Organizations in
March 2012] has recommended a minimum of 625 hours training.
She also discussed training hours with Pete Whitridge, president
of the Alliance for Massage Therapy Education, [a non-profit
organization established to serve as an independent voice,
advocate, and resource for the entire education sector] who
said, "There is a tremendous divergence between 500 hours and
625 or 700 hours." Mr. Whitridge further stated that setting
the minimum requirement of 500 hours does the state a great
disservice in terms of current suggested practice especially
with the growing field of medical massage. He emphasized that
it is important at the beginning of a massage therapist's career
to have additional training and context of medicine and
insurance billing, which is not possible in a 500-hour program.
MS. DANCE explained that a 500-hour program teaches massage
therapists the basics of Swedish massage techniques for
relaxation and introduces them to a potpourri of techniques to
later study during continuing education credits. She emphasized
her belief that it is not possible to teach massage therapists
much beyond the basic protocols in an entry level 500-hour
training program. The American Manual Medicine Association
(AMMA), [a non-profit corporation serving all members of the
health care community who serve the public health through manual
therapy] recommends a minimum of 600 hours of training. Some
state boards, including Ohio's, are currently in a predicament
since these states must now amend their enabling statutes in
order to increase the minimum qualifications for licensure. In
fact, only 14 states currently require as few as 500 hours of
training, she said. She characterized this bill as one that has
been modeled after a boiler plate from the early 2000s, which
needs updating.
CHAIR OLSON asked whether she has shared her concerns with the
bill sponsor.
MS. DANCE related she has recently provided the sponsor's office
with her concerns.
4:04:58 PM
MARTY HESTER, Deputy Director, Division of Insurance, Department
of Commerce, Community & Economic Development, asked to address
the applicability to health insurance policies. He explained
that HB 328 does not amend Title 21, the Alaska insurance code.
It would not change the ability of an insurer to write a policy
that did not cover massage or that required a doctor or
chiropractor to prescribe a massage in order to qualify for
coverage. The licensure will not change the ability of an
insurer to require that billing be processed through the
prescribing doctor's office or in a particular manner; however,
the Patient Protection and Affordable Care Act (PPACA) applies
to all class providers and prohibits provider discrimination.
One provision of PPACA prevents insurers from discriminating
against entire classes of health care providers if the health
care providers are willing to abide by the terms and conditions
of participation and are acting within the scope of practice and
in compliance with the state licensure requirements.
4:06:50 PM
REPRESENTATIVE SADDLER asked for clarification on the insurance
aspects.
MR. HESTER said a question arose as to whether massage therapy
would specifically be covered under health insurance policies
and if a massage therapist could bill an insurer directly for
the services they provided. He explained that HB 328 does not
change the insurance code to affect those items nor does it
change the PPACA mandating the insurer to provide that coverage
for massage therapy.
REPRESENTATIVE JOSEPHSON said none of this surprised him.
4:08:02 PM
REPRESENTATIVE SADDLER asked whether it would be the status quo,
and massage therapy will not be covered by insurance.
MR. HESTER said it depends on the insurance plan. Currently,
Premera Blue Cross Blue Shield provides massage therapy coverage
but Aetna or other insurance coverage may differ. This bill
doesn't mandate the coverage these plans offer.
4:08:39 PM
REPRESENTATIVE SADDLER related his understanding that HB 328
does not change insurance law to mandate or not, that it depends
on the policy and it does not affect the [PPACA's] mandate to
cover massage therapy.
MR. HESTER answered yes.
REPRESENTATIVE JOSEPHSON related his understanding that it would
depend on whether a doctor prescribed the massage therapy as to
the insurance coverage. He suggested it might change the result
if a doctor prescribed the massage rather than someone just
going to a massage therapist.
MR. HESTER answered that it would depend on the health insurance
the individual has as to the insurance coverage or reimbursement
for massage therapy.
4:09:28 PM
CHAIR OLSON removed his objection. There being no further
objection, Amendment 1 was adopted.
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 328.
REPRESENTATIVE JOSEPHSON asked whether the two amendments were
incorporated into the bill.
The committee took a brief at-ease.
4:11:29 PM
CHAIR OLSON explained that members did not have adequate time to
consider amendment [N.1] in members' packets so it will be taken
up at a later date.
[HB 328 was held over.]
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