Legislature(2013 - 2014)
03/28/2014 03:30 PM House L&C
Audio | Topic |
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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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