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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled 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 [500] 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                                                                                                                         
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