00                       CS FOR HOUSE BILL NO. 110(L&C)                                                                    
01 "An Act relating to the Board of Massage Therapists; relating to the practice of massage                                
02 therapy; relating to massage therapy establishments; relating to the Department of                                      
03 Commerce, Community, and Economic Development; and providing for an effective                                           
04 date."                                                                                                                  
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 08.61.010 is amended to read:                                                                      
07            Sec. 08.61.010. Board established. The Board of Massage Therapists is                                      
08       established in the department. The board consists of five members appointed by the                                
09       governor as follows:                                                                                              
10 (1)  four licensed massage therapists who have been engaged in the                                                      
11 practice of massage therapy in the state for the three years immediately preceding                                      
12 appointment and who shall remain actively engaged in the practice of massage therapy                                    
13 while serving on the board; not more than one member appointed under this paragraph                                     
14       may have an ownership or partnership interest in a massage school; and                                            
01                 (2)  one public member; the governor may not appoint as a public                                        
02       member                                                                                                            
03                      (A)  a licensed health care provider;                                                              
04                      (B)  an employee of the state; or                                                                  
05                      (C)  a current [OR FORMER] member of another occupational                                          
06            licensing board established under AS 08.                                                                     
07    * Sec. 2. AS 08.61.020 is amended to read:                                                                         
08            Sec. 08.61.020. Duties and powers of board. In addition to the duties                                      
09       specified in AS 08.01, the board shall                                                                            
10 (1)  provide for the examination of applicants by the board or through a                                                
11 nationally recognized competency examination approved by the board and issue                                            
12       licenses to applicants the board finds qualified;                                                                 
13                 (2)  adopt regulations governing                                                                        
14                      (A)  licensing of massage therapists; [AND]                                                        
15                      (B)  the practice of massage therapy; and                                                      
16                      (C)  massage therapy establishments;                                                           
17 (3)  establish standards of professional competence and ethical conduct                                                 
18       for massage therapists;                                                                                           
19 (4)  establish standards for continuing education for massage therapists;                                               
20 standards adopted by the board under this paragraph must allow for approval of                                          
21       Internet-based continuing education courses;                                                                      
22 (5)  make available to the public a list of massage therapists licensed                                                 
23       under this chapter;                                                                                               
24 (6)  determine which states have educational and licensing                                                              
25       requirements equivalent to the requirements of this state;                                                        
26 (7)  enforce the provisions of this chapter and adopt and enforce                                                       
27       regulations necessary to implement this chapter; and                                                              
28 (8)  approve one or more nationally recognized competency                                                               
29       examinations and publish and periodically update the list of approved examinations.                               
30    * Sec. 3. AS 08.61.030 is amended to read:                                                                         
31 Sec. 08.61.030. Qualifications for license. The board shall issue a license to                                        
01       practice massage therapy to a person who                                                                          
02                 (1)  applies on a form provided by the department;                                                      
03                 (2)  pays the fees established under AS 08.61.090;                                                      
04                 (3)  furnishes evidence satisfactory to the board that the person has                                   
05       completed a                                                                                                       
06                      (A)  course of study of at least 625 [500] hours of in-class                                   
07            supervised instruction and clinical work from an approved massage school; or                                 
08                      (B)  board-approved apprenticeship program;                                                        
09                 (4)  is 18 years of age or older;                                                                       
10 (5)  has been fingerprinted and has provided the fees required by the                                                   
11 Department of Public Safety under AS 12.62.160 for criminal justice information and                                     
12 a national criminal history record check; the fingerprints and fees shall be forwarded                                  
13 to the Department of Public Safety to obtain a report of criminal justice information                                   
14       under AS 12.62 and a national criminal history record check under AS 12.62.400;                                   
15                 (6)  has a current cardiopulmonary resuscitation certification;                                         
16 (7)  has received at least two [FOUR] hours of safety education                                                     
17 covering bloodborne pathogens and universal precautions in the two years preceding                                      
18 the application for the license; in this paragraph, "bloodborne pathogens" has the                                      
19       meaning given in AS 18.15.450;                                                                                    
20 (8)  has successfully completed a nationally recognized competency                                                      
21       examination approved by the board; and                                                                            
22 (9)  has not been convicted of, or pled guilty or no contest to, a crime                                                
23 involving moral turpitude, or who has been convicted of, or pled guilty or no contest                                   
24 to, a crime involving moral turpitude if the board finds that the conviction does not                                   
25       affect the person's ability to practice competently and safely.                                                   
26    * Sec. 4. AS 08.61.050 is amended to read:                                                                         
27 Sec. 08.61.050. Standards for license renewal. The board shall renew a                                                
28       license issued under this chapter to a licensee who                                                               
29                 (1)  pays the required fee;                                                                             
30 (2)  meets the continuing education requirements established by the                                                     
31       board;                                                                                                            
01 (3)  has not been convicted of, or pled guilty or no contest to, a crime                                                
02 involving moral turpitude, or has been convicted of, or pled guilty to or no contest to,                                
03 a crime involving moral turpitude if the board finds that the conviction does not affect                                
04       the person's ability to practice competently and safely;                                                          
05                 (4)  has a current cardiopulmonary resuscitation certification; and                                     
06 (5)  has been fingerprinted and has provided the fees required by the                                                   
07 Department of Public Safety under AS 12.62.160 for criminal justice information and                                     
08 a national criminal history record check at least once every six years; the fingerprints                            
09 and fees shall be forwarded to the Department of Public Safety to obtain a report of                                    
10       criminal justice information under AS 12.62 and a national criminal history record                                
11       check under AS 12.62.400.                                                                                         
12    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
13 read:                                                                                                                   
14 TRANSITION: REGULATIONS. The Department of Commerce, Community, and                                                     
15 Economic Development and the Board of Massage Therapists may adopt regulations                                          
16 necessary to implement the changes made by this Act. The regulations take effect under                                  
17 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law                                   
18 implemented by the regulation.                                                                                          
19    * Sec. 6. Sections 4 and 5 of this Act take effect immediately under AS 01.10.070(c).                              
20    * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect July 1, 2019.