HOUSE BILL NO. 110 "An Act relating to the practice of massage therapy; relating to the Board of Massage Therapists; and providing for an effective date." 10:34:25 AM CRYSTAL KOENEMAN, STAFF, REPRESENTATIVE KITO, introduced the bill. She characterized the HB 110 as a "clean-up bill". The massage board was recently established, and the bill addressed licensure issues that became apparent over the few years of board operation. The board had requested several changes to their statutes to help ease the licensure process for licensees and the Department of Commerce, Community and Economic Development (DCCED). She explained the provisions in the bill. She spoke to the difficulty in finding members to serve on the board. The bill eased the restrictions for those who wish to be public members of the board by allowing a former member of a board to become a member of the massage board and removed the original prohibition. In addition, HB 110 added language for the board to adopt regulations governing massage therapy establishments; increased the number of hours of in-class supervised instruction and clinical work from an approved massage school from 500 hours to 625 hours; changes the annual fingerprint requirement to every six (6) years; and reduces the number of hours of safety education covering blood-borne pathogens from four hours to two hours. The effective date was July 1, 2019. 10:37:17 AM Representative Kawasaki asked why the blood-borne pathogens hour requirement was decreasing to 2 hours from 4 hours. DAVE EDWARDS-SMITH, CHAIR, BOARD OF MASSAGE (via teleconference), replied that there was only two-hour blood borne pathogen classes available because the national standard was set at two hours. Currently, to comply with statute, massage therapists were taking two of the same classes. He further explained that an entry level analysis project completed by 7 different national massage agencies concluded that the educational standard should be 625 hours. He stated that most schools offered the higher number of hours and he did not anticipate an impact to schools located within the state or on reciprocity with other states licensure. 10:40:11 AM Co-Chair Seaton OPENED Public Testimony. 10:40:26 AM VOLKER RUBY, PRESIDENT, AMERICAN MASSAGE THERAPY ASSOCIATION ALASKA CHAPTER, ANCHORAGE (via teleconference), supported HB 110. He related that he was a practicing massage therapist for 13 years. He indicated that the added language for the board to adopt regulations governing massage therapy establishments granted enforcement authority to shut down human trafficking operations using massage therapy as a front. He noted the other "modifications" in the bill and stated that the proposed changes from the original statute were discovered through the initial few years of licensing. He urged members to move the bill from committee. Co-Chair Seaton asked if the bill contained all the necessary changes to current statute. Mr. Ruby responded affirmatively. Co-Chair Seaton asked Mr. Edwards-Smith if he wanted to provide further testimony. Mr. Edwards-Smith indicated the board's support for HB 110. He elaborated that the board considered the bill necessary for "statutory house cleaning". He restated the provisions in the bill. He emphasized that the previous public member of the board played a "valuable" role and he felt the board was weakened while the seat was vacant. He strongly favored loosening the requirements for the public member. 10:44:49 AM JILL MOTZ, SELF, WASILLA (via teleconference), spoke in support of the legislation. She was a licensed massage therapist and practiced massage since 2003 and sat on the massage board. She qualified that her testimony was on behalf of herself. She voiced that state licensure created a cohesive and stable environment for the profession and practitioners and HB 110 further enhanced the licensure. She listed the provisions in the bill. She spoke to issues of human trafficking and illicit massage businesses and favored the licensing of establishments to hold the owners legally accountable. She believed the bill changes were reasonable and necessary. She thanked the committee for supporting the legislation. 10:47:34 AM Co-Chair Foster CLOSED Public Testimony. Representative Wilson asked about a comment in the fiscal note. She read the specific language on page 2 from the fiscal note analysis: The potential number of establishments affected by this bill is unknown at this time. Future costs for legal and hearing service expenses in out years are unknown. Representative Wilson requested clarity. 10:48:18 AM JANEY MCCULLOUGH, DIRECTOR, DIVISION OF CORPORATIONS, BUSINESS AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT, explained that the division was uncertain of the number of massage therapy establishments. Representative Wilson asked whether the licenses would be charged to the establishment. Ms. McCullough responded in the affirmative. Representative Kawasaki asked about a massage therapist that travelled to the client to perform the service. He wondered how the establishment license applied to the scenario. Ms. McCullough stated that the provision applied to brick and mortar establishments and the definition would be clarified in regulation. Representative Kawasaki wanted to be clear that the bill only applied to brick and mortar establishments. Ms. McCullough deferred comment to the board chair. Representative Kawasaki commented that the committee added a provision lessening the fingerprinting requirements to once every three renewal cycles to the board sunset bill HB 275 (Extend: Board of Massage Therapists). He commented that HB 110 included the language "once every 6 years". He asked whether there was a difference between the language in both bills. Ms. McCullough stated that the more accurate language was in HB 110. The goal was to require fingerprinting for every third renewal but the language once every 6 years provided more flexibility. 10:52:16 AM Co-Chair Seaton did not want to place undue restrictions on "mobile" massage. He did not want establishment licensure requirements placed on any place a massage therapist travelled to perform massage. He emphasized that he wanted the statement on the record. Representative Wilson favored moving the bill from committee. She wondered whether the sponsor supported the 2019 effective date. Ms. Koeneman reported that the sponsor supported the effective date. Representative Wilson MOVED to report CSHB 110 (L&C) out of Committee with individual recommendations and the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CSHB110 (L&C) was REPORTED out of committee with a "do pass" recommendation and with a fiscal impact note by the Department of Commerce, Community and Economic Development. 10:55:00 AM AT EASE 10:55:47 AM RECONVENED Co-Chair Foster reviewed the agenda for the following meeting.