Enrolled HB 328: Establishing the Board of Massage Therapists; relating to the licensing of massage therapists; and providing for an effective date.
00Enrolled HB 328 01 Establishing the Board of Massage Therapists; relating to the licensing of massage therapists; 02 and providing for an effective date. 03 _______________ 04 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 05 (39) Board of Massage Therapists (AS 08.61.010). 06 * Sec. 2. AS 08.02.010(a) is amended to read: 07 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 08 language pathologist licensed under AS 08.11, a person licensed in the state as a 09 chiropractor under AS 08.20, a professional counselor licensed under AS 08.29, a 10 dentist under AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a massage 11 therapist licensed under AS 08.61, a marital and family therapist licensed under 12 AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife 13 certified under AS 08.65, a registered nurse under AS 08.68, an optometrist under 14 AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational
01 therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social 02 worker licensed under AS 08.95, shall use as professional identification appropriate 03 letters or a title after that person's name that represents the person's specific field of 04 practice. The letters or title shall appear on all signs, stationery, or other advertising in 05 which the person offers or displays personal professional services to the public. In 06 addition, a person engaged in the practice of medicine or osteopathy as defined in 07 AS 08.64.380, or a person engaged in any manner in the healing arts who diagnoses, 08 treats, tests, or counsels other persons in relation to human health or disease and uses 09 the letters "M.D." or the title "doctor" or "physician" or another title that tends to show 10 that the person is willing or qualified to diagnose, treat, test, or counsel another 11 person, shall clarify the letters or title by adding the appropriate specialist designation, 12 if any, such as "dermatologist," [,] "radiologist," [,] "audiologist," [,] "naturopath," [,] 13 or the like. 14 * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read: 15 (22) Board of Massage Therapists (AS 08.61.010) - June 30, 2018. 16 * Sec. 4. AS 08 is amended by adding a new chapter to read: 17 Chapter 61. Massage Therapists. 18 Sec. 08.61.010. Board established. The Board of Massage Therapists is 19 established in the department. The board consists of five members appointed by the 20 governor as follows: 21 (1) four licensed massage therapists who have been engaged in the 22 practice of massage therapy in the state for the three years immediately preceding 23 appointment and who shall remain actively engaged in the practice of massage therapy 24 while serving on the board; not more than one member appointed under this paragraph 25 may have an ownership or partnership interest in a massage school; and 26 (2) one public member; the governor may not appoint as a public 27 member 28 (A) a licensed health care provider; 29 (B) an employee of the state; or 30 (C) a current or former member of another occupational 31 licensing board established under AS 08.
01 Sec. 08.61.020. Duties and powers of board. In addition to the duties 02 specified in AS 08.01, the board shall 03 (1) provide for the examination of applicants by the board or through a 04 nationally recognized competency examination approved by the board and issue 05 licenses to applicants the board finds qualified; 06 (2) adopt regulations governing 07 (A) licensing of massage therapists; and 08 (B) the practice of massage therapy; 09 (3) establish standards of professional competence and ethical conduct 10 for massage therapists; 11 (4) establish standards for continuing education for massage therapists; 12 standards adopted by the board under this paragraph must allow for approval of 13 Internet-based continuing education courses; 14 (5) make available to the public a list of massage therapists licensed 15 under this chapter; 16 (6) determine which states have educational and licensing 17 requirements equivalent to the requirements of this state; 18 (7) enforce the provisions of this chapter and adopt and enforce 19 regulations necessary to implement this chapter; and 20 (8) approve one or more nationally recognized competency 21 examinations and publish and periodically update the list of approved examinations. 22 Sec. 08.61.030. Qualifications for license. The board shall issue a license to 23 practice massage therapy to a person who 24 (1) applies on a form provided by the department; 25 (2) pays the fees established under AS 08.61.090; 26 (3) furnishes evidence satisfactory to the board that the person has 27 completed a 28 (A) course of study of at least 500 hours of in-class supervised 29 instruction and clinical work from an approved massage school; or 30 (B) board-approved apprenticeship program; 31 (4) is 18 years of age or older;
01 (5) has been fingerprinted and has provided the fees required by the 02 Department of Public Safety under AS 12.62.160 for criminal justice information and 03 a national criminal history record check; the fingerprints and fees shall be forwarded 04 to the Department of Public Safety to obtain a report of criminal justice information 05 under AS 12.62 and a national criminal history record check under AS 12.62.400; 06 (6) has a current cardiopulmonary resuscitation certification; 07 (7) has received at least four hours of safety education covering 08 bloodborne pathogens and universal precautions in the two years preceding the 09 application for the license; in this paragraph, "bloodborne pathogens" has the meaning 10 given in AS 18.15.450; 11 (8) has successfully completed a nationally recognized competency 12 examination approved by the board; and 13 (9) has not been convicted of, or pled guilty or no contest to, a crime 14 involving moral turpitude, or who has been convicted of, or pled guilty or no contest 15 to, a crime involving moral turpitude if the board finds that the conviction does not 16 affect the person's ability to practice competently and safely. 17 Sec. 08.61.040. Licensure by credentials. The board shall issue a license to 18 practice massage therapy to a person who 19 (1) is 18 years of age or older; 20 (2) applies on a form provided by the department; 21 (3) pays the fees established under AS 08.61.090; 22 (4) has submitted the person's fingerprints and the fees required by the 23 Department of Public Safety under AS 12.62.160 for criminal justice information and 24 a national criminal history record check; the fingerprints and fees shall be forwarded 25 to the Department of Public Safety to obtain a report of criminal justice information 26 under AS 12.62 and a national criminal history record check under AS 12.62.400; 27 (5) is not the subject of an unresolved complaint or disciplinary action 28 before a regulatory authority in this state or another jurisdiction; 29 (6) has not had a certificate or license to practice massage therapy 30 revoked, suspended, or voluntarily surrendered in this state or another jurisdiction; 31 (7) 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 or no contest to, a 02 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 (8) has a current cardiopulmonary resuscitation certification; and 05 (9) is currently 06 (A) licensed to practice massage therapy in another state or 07 country that has licensing requirements that are substantially equal to or greater 08 than the requirements of this state; or 09 (B) certified by a certification entity approved by the board. 10 Sec. 08.61.050. Standards for license renewal. The board shall renew a 11 license issued under this chapter to a licensee who 12 (1) pays the required fee; 13 (2) meets the continuing education requirements established by the 14 board; 15 (3) has not been convicted of, or pled guilty or no contest to, a crime 16 involving moral turpitude, or has been convicted of, or pled guilty to or no contest to, 17 a crime involving moral turpitude if the board finds that the conviction does not affect 18 the person's ability to practice competently and safely; 19 (4) has a current cardiopulmonary resuscitation certification; and 20 (5) has been fingerprinted and has provided the fees required by the 21 Department of Public Safety under AS 12.62.160 for criminal justice information and 22 a national criminal history record check; the fingerprints and fees shall be forwarded 23 to the Department of Public Safety to obtain a report of criminal justice information 24 under AS 12.62 and a national criminal history record check under AS 12.62.400. 25 Sec. 08.61.060. Grounds for imposition of disciplinary sanctions. After a 26 hearing, the board may impose a disciplinary sanction under AS 08.01.075 on a person 27 licensed under this chapter if the board finds that the person 28 (1) secured a license through deceit, fraud, or intentional 29 misrepresentation; 30 (2) engaged in deceit, fraud, or intentional misrepresentation in the 31 course of providing massage therapy services or engaging in massage therapy;
01 (3) advertised massage therapy services in a false or misleading 02 manner; 03 (4) has been convicted of a felony or another crime that affects the 04 licensee's ability to continue to practice competently and safely; 05 (5) intentionally or negligently engaged in, or permitted a person under 06 the licensed massage therapist's supervision to engage in, client care that did not 07 conform to minimum professional standards, whether or not actual injury to the client 08 occurred; 09 (6) failed to comply with a provision of this chapter, a regulation 10 adopted under this chapter, or an order of the board; 11 (7) continued to practice after becoming unfit because of 12 (A) professional incompetence; or 13 (B) addiction or severe dependency on alcohol or another drug 14 that impairs the ability to practice safely; or 15 (8) engaged in unethical conduct or sexual misconduct in connection 16 with the delivery of massage therapy services to a client. 17 Sec. 08.61.070. Practice of massage therapy without license prohibited. (a) 18 A person may not practice massage therapy or represent that the person is a massage 19 therapist unless the person holds a valid license under this chapter. In this subsection, 20 a person represents that the person is a massage therapist when the person adopts or 21 uses a title or description of services that incorporates one or more of the following 22 terms or designations: massage, massage practitioner, massage therapist, massage 23 therapy, therapeutic massage, massage technician, massage technology, massagist, 24 masseur, masseuse, myotherapist, myotherapy, or another term describing a traditional 25 European or contemporary western massage method, or a derivation of a term that 26 implies a massage technique or method. 27 (b) A person who knowingly violates (a) of this section is guilty of a class B 28 misdemeanor. 29 Sec. 08.61.080. Exceptions to application of chapter. This chapter does not 30 apply to a 31 (1) person licensed in the state under a statute outside this chapter who
01 performs massage therapy within the scope of practice for which the person's license 02 was issued; 03 (2) person who, while acting in an official capacity as an employee of 04 the United States government, performs massage therapy; 05 (3) person who is licensed, registered, or certified in another state, 06 territory, the District of Columbia, or a foreign country while the person is temporarily 07 (A) practicing massage therapy in this state in connection with 08 teaching a course related to massage therapy; or 09 (B) consulting with a person licensed under this chapter; 10 (4) student enrolled in an approved massage school or course of study 11 who is completing a clinical requirement for graduation under the general supervision 12 of a person licensed under this chapter if the student is clearly identified as a student 13 while performing massage therapy services on members of the public and is not 14 compensated for the massage therapy services; 15 (5) person only performing massage therapy on members of the 16 person's family; 17 (6) person only performing techniques that do not involve contact with 18 the body of another person; 19 (7) person only performing techniques that involve resting the hands 20 on the surface of the body of another person without delivering pressure to or 21 manipulating the person's soft tissues; 22 (8) person only performing services such as herbal body wraps, skin 23 exfoliation treatments, or the topical application of products to the skin for 24 beautification purposes when the services do not involve direct manipulation of the 25 soft tissues of the body; 26 (9) person only performing massage therapy for the athletic 27 department of an institution maintained by public funds of the state or a political 28 subdivision of the state or only practicing massage therapy for the athletic department 29 of a school or college approved by the board using recognized national professional 30 standards; 31 (10) person engaged only in the practice of structural integration for
01 restoring postural balance and functional ease by integrating the body in gravity using 02 a system of fascial manipulation and awareness who has graduated from a program or 03 is a current member of an organization recognized by the International Association of 04 Structural Integrators, including the Rolf Institute of Structural Integration; 05 (11) person using only light touch, words, and directed movement to 06 deepen awareness of existing patterns of movement in the body as well as to suggest 07 new possibilities of movement or to affect the energy systems; 08 (12) person performing only the traditional practices of Native 09 American traditional healers; 10 (13) person practicing only the manipulation of the soft tissues of the 11 hands, feet, or ears and not holding out to be a massage therapist. 12 Sec. 08.61.090. Fees. The department shall set fees under AS 08.01.065 for 13 application, license issuance, license renewal, and investigation under this chapter. 14 Sec. 08.61.100. Definitions. In this chapter, 15 (1) "approved massage school" means a massage therapy school or 16 program that 17 (A) has an authorization to operate from the Alaska 18 Commission on Postsecondary Education or a similar entity in another state; or 19 (B) is accredited by a nationally recognized accrediting agency; 20 (2) "board" means the Board of Massage Therapists; 21 (3) "department" means the Department of Commerce, Community, 22 and Economic Development; 23 (4) "massage therapist" means a person licensed under this chapter; 24 (5) "practice of massage therapy" means the provision, for 25 compensation, of a service involving the systematic manipulation and treatment of the 26 soft tissues, including the muscular and connective tissues of the human body, to 27 enhance the functions of those tissues and promote relaxation and well-being; in this 28 paragraph, "manipulation and treatment" 29 (A) includes manual techniques applied with the intent to 30 physically affect local soft tissues, such as pressure, friction, stroking, 31 percussion, kneading, vibration, muscular assessment by palpation, range of
01 motion for purposes of demonstrating muscle exertion for muscle flexibility, 02 nonspecific stretching, and application of superficial heat, cold, water, 03 lubricants, or salts; 04 (B) does not include diagnosis, the prescription of drugs or 05 medicines, the practice of physical therapy, attempts to manipulate any 06 articulation of the body or spine, or mobilization of these articulations by use 07 of a thrusting force. 08 * Sec. 5. AS 12.62.400(a) is amended by adding a new paragraph to read: 09 (16) licensure as a massage therapist under AS 08.61. 10 * Sec. 6. AS 29.10.200 is amended by adding a new paragraph to read: 11 (63) AS 29.35.146 (licensing of massage therapists). 12 * Sec. 7. AS 29.35 is amended by adding a new section to article 1 to read: 13 Sec. 29.35.146. Licensing of massage therapists. (a) The authority to license 14 massage therapists is reserved to the state, and, except as specifically provided by 15 statute, a municipality may not enact or enforce an ordinance requiring professional 16 licensure of massage therapists. 17 (b) This section applies to home rule and general law municipalities. 18 * Sec. 8. AS 44.62.330(a) is amended by adding a new paragraph to read: 19 (49) Board of Massage Therapists. 20 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. (a) AS 08.61.030 - 08.61.050, enacted by sec. 4 of this Act, 23 (1) apply on and after the effective date of sec. 4 of this Act to persons who 24 (A) have not practiced massage therapy, as defined in AS 08.61.100, 25 enacted by sec. 4 of this Act, in the state, on or after the effective date of sec. 4 of this 26 Act; or 27 (B) have practiced massage therapy in the state but do not meet the 28 requirements of (2) of this section; and 29 (2) apply on and after the date that is two years after the effective date of sec. 30 4 of this Act to a person who has been practicing massage therapy in the state and meets the 31 requirements of AS 08.61.040, enacted by sec. 4 of this Act.
01 (b) In this section, "massage therapy" has the meaning given to "practice of massage 02 therapy" in AS 08.61.100, enacted by sec. 4 of this Act. 03 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION. (a) Notwithstanding AS 08.61.030, enacted by sec. 4 of this Act, the 06 Board of Massage Therapists shall waive the course of study and examination requirements 07 and issue a license to practice massage therapy to a person who 08 (1) applies for the license before the date that is two years after the effective 09 date of sec. 4 of this Act; 10 (2) proves that the person owned, operated, or worked for a massage therapy 11 business and performed the practice of massage therapy before the effective date of sec. 4 of 12 this Act by submitting 13 (A) copies of the person's signed federal income tax returns for one of 14 the five years immediately preceding the effective date of sec. 4 of this Act, listing the 15 person's occupation as massage therapy in this state; 16 (B) copies of the person's signed schedule C federal income tax returns 17 for one of the five years immediately preceding the effective date of sec. 4 of this Act, 18 demonstrating that the person has reported income from the practice of massage 19 therapy in this state; 20 (C) a sworn statement from the person's employer in this state attesting 21 that the person has practiced massage therapy within the five years immediately 22 preceding the effective date of sec. 4 of this Act, a copy of the business license of the 23 person's employer, and a copy of the person's Form W-2 or Form 1099-MISC from the 24 same employer; 25 (D) a copy of a municipal occupational license that was current on the 26 day before the effective date of sec. 4 of this Act from a municipality in this state, 27 stating the person's occupation as massage therapist; 28 (E) documentation that the person has, for at least one year 29 immediately preceding the effective date of sec. 4 of this Act, been an active member, 30 as a massage therapist, in a national professional massage therapy association that was 31 established before 2000, offers professional liability insurance as a benefit of
01 membership, and has an established code of professional ethics; or 02 (F) other documentation satisfactory to the board; and 03 (3) meets the requirements of AS 08.61.030(1), (2), (4) - (6), and (9), enacted 04 by sec. 4 of this Act. 05 (b) A license issued under this section is considered to be a license issued under 06 AS 08.61, enacted by sec. 4 of this Act. 07 (c) In this section, "board" and "practice of massage therapy" have the meanings 08 given in AS 08.61.100, enacted by sec. 4 of this Act. 09 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 BOARD OF MASSAGE THERAPISTS; TRANSITION; STAGGERED TERMS. (a) 12 In making initial appointments to the Board of Massage Therapists, the governor shall 13 consider a massage therapist to be licensed for the purpose of AS 08.61.010, enacted by sec. 4 14 of this Act, if the massage therapist has practiced massage therapy in this state for the three 15 years immediately preceding appointment. 16 (b) The governor shall appoint the initial members of the board to staggered terms as 17 follows: 18 (1) two members shall be appointed to serve four years; 19 (2) two members shall be appointed to serve three years; and 20 (3) one member shall be appointed to serve two years. 21 (c) Notwithstanding AS 08.61.010, added by sec. 4 of this Act, a member appointed 22 to the Board of Massage Therapists who is not a public member may be unlicensed under 23 AS 08.61, added by sec. 4 of this Act, for the first year of the member's initial appointment or 24 until 30 days after the Department of Commerce, Community, and Economic Development 25 begins issuing licenses, whichever occurs first. A member of the board that does not obtain a 26 license as required by this subsection shall be removed from the board, and the governor shall 27 appoint a replacement to serve the unexpired term. 28 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITIONAL PROVISIONS: REGULATIONS. The Department of Commerce, 31 Community, and Economic Development and the Board of Massage Therapists may adopt
01 regulations necessary to implement the changes made by this Act. The regulations take effect 02 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 03 implemented by the regulation. 04 * Sec. 13. AS 08.61.010 and 08.61.020, enacted by sec. 4 of this Act, and secs. 11 and 12 of 05 this Act take effect immediately under AS 01.10.070(c). 06 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2015.