Legislature(2017 - 2018)BARNES 124
02/16/2018 03:15 PM House LABOR & COMMERCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB303 | |
| HB110 | |
| HB83 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 303 | TELECONFERENCED | |
| += | HB 110 | TELECONFERENCED | |
| += | HB 83 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 110-MASSAGE THERAPY LICENSING; EXEMPTIONS
4:18:35 PM
CHAIR KITO announced that the next order of business would be
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."
4:19:00 PM
The committee took a brief at-ease.
4:19:21 PM
REPRESENTATIVE WOOL moved to adopt the proposed committee
substitute (CS) for HB 110, labeled 30-LS0157\U, Radford,
2/9/18, as the working draft.
CHAIR KITO objected for discussion purposes.
4:19:36 PM
CRYSTAL KOENEMAN, Staff, Representative Sam Kito, Alaska State
Legislature, reviewed the changes contained in Version U of HB
110. First, on page 1, a new section was inserted that modifies
the language regarding the qualifications of the public member
for the Board of Massage Therapists by removing the restriction
of being a former member of another occupational licensing
board. This recommendation was also mentioned in the state's
Legislative Audit Division, [Audit 08-20109-17], Audit
Recommendation three, she said.
MS. KOENEMAN reported the second change, noting that Version U
removes all language regarding an application for exemption for
those currently in the exception category under Alaska Statute
(AS) 08.61.080, which relates to energy workers, reflexologists,
and structural integrators. She said with that change Version U
would only apply to licensure of massage therapists under AS
08.61]. The final change is in Section 4 of Version U, which
amends the standards of license renewal by changing the annual
fingerprint requirement from every renewal cycle to once every
six years or every three licensing cycles.
4:21:19 PM
CHAIR KITO removed his objection. There being no further
objection, Version U was adopted as the working document.
4:22:43 PM
GRETCHEN GRAEFF, Massage Therapist and Rolfer, shared her
concerns with the proposed bill. She said she was unclear why
the board has been slow to require infection control in its
safety education requirements. She previously testified on this
last year, noting this change was recommended at previous board
meetings. She expressed concern that the board refers to last
century's recommendations instead of more current ones. An
additional concern was that the issue of massage therapy
establishments has distracted the board from regulating the
practice of massage therapy. She added that the current Code of
Ethics and Standards of Practice are ambiguous and confusing.
The interpretation by licensed massage therapists of the Health
Insurance Privacy and Portability Act (HIPPA) and the Centers
for Disease Control and Prevention (CDC) are broad, occasionally
inaccurate, and quite varied throughout the state.
MS. GRAEFF added that at the board's December 2017 meeting, the
board had stated, "The standards of practice are currently a
recommendation and do not have a disciplinary matrix." It was
time that was put in place, although it may be possible that it
already is, she said. That was problematic, she said, given the
letter from David Edward Smith, who advised that massage
therapists must adhere to the standards of practice and code of
ethics in our state. She said that the biggest concern was for
the licensing of businesses in the state. The implication of
the board needing to help law enforcement by having a massage
therapy establishment indicates that currently, unless a
business in Alaska is under the regulation of a professional
board, that business may sell illegal services. She was unsure
if that is true.
MS. GRAEFF said that if the board is going to recognize the
Board of Massage's jurisdiction to the regulation of massage
establishments to help law enforcement with trafficking, sexual
assault, and exploitation, she would like this committee to
recognize these potential crimes are more extensive than the
nefarious use of her profession as a front. She lauded the work
by the board for regulations for governing the licensing of
massage therapists. Since the massage therapists are in their
third year of licensure, the standards should be clear, she
said. She offered her belief that the law enforcement issues
are large enough to be concerned at the business licensing
level, she said. She was unsure why law enforcement could not
stop prostitution advertising as massage services when the
licensing requirement governing massage therapists is in place.
4:28:47 PM
TRACI GILMOUR, Owner, TLC Massage Therapy; Member, Board of
Massage Therapists, Division of Corporations, Business and
Professional Licensing (DCBPL), Department of Commerce,
Community & Economic Development (DCCED), as a licensee, stated
her support for the proposed committee substitute for HB 110.
She emphasized that increased continuing education hours and
licensure has created better consumer expectations for massage.
Therapists can coordinate better with medical professionals to
serve clients and provide a better course of treatment for
clients. Massage therapists are learning to network with
outside agencies and better represent their professions in
working with state, local, and federal law enforcement. She
added that licensure for massage therapists, as well as
requiring fingerprinting for background checks can help stop
human trafficking. She fully supported the decrease in
continuing education for the bloodborne pathogens since it has
been difficult to find providers for a four-hour course. She
added that reducing the burden of fingerprinting to once every
third renewal period reduces costs to licensees. She offered
her support for the proposed CS for HB 110.
4:31:42 PM
REPRESENTATIVE WOOL asked about board regulation of
establishments. He said it was difficult to understand previous
testimony; however, he recalled that some businesses engaging in
illegal activity would be easier to identify and monitor if the
[legitimate] massage therapy businesses had physical licenses on
their premises.
MS. GILMOUR agreed. She identified a professional massage
business in Anchorage that has been cited four times for illegal
activity. Since businesses are not licensed, it is difficult to
determine if the business is providing legitimate services.
Although not required to do so, she posts her professional
license and puts her license number on all correspondence.
Without investigations, the [illegal] businesses can operate.
She said she supports professional business licenses for massage
therapists; however, she would like to keep licensure costs low.
4:33:37 PM
REPRESENTATIVE SULLIVAN-LEONARD asked whether bloodborne
pathogen training is available at hospitals or the [American]
Red Cross.
MS. GILMOUR said that the new exam would be administered through
massage therapist schools, but continuing education could be
online or available as part of a first aid course. She
explained that it has been difficult to obtain four-hour online
courses in bloodborne pathogens. In further response to
Representative Sullivan-Leonard, she said it was difficult to
find the four-hour courses.
CHAIR KITO stated that the initial training was available to
massage therapists; however, for renewal purposes, two-hour
courses were available in first aid courses, but it was more
difficult to find four-hour courses.
4:35:33 PM
VOLKER HRUBY, President, American Massage Therapy Association
(AMTA), Alaska Chapter, stated that he is a life-long Alaskan
who has been a massage therapist for 13 years in the spa
industry, medical massage, and in private practice. The AMTA,
Alaska Chapter, represents many massage therapists in Alaska.
and offers its support of the proposed committee substitute (CS)
for HB 110. The new version of the bill [Version U] requires
massage boards to adopt regulations governing massage therapy
establishments in addition to individual therapists. He offered
his belief that this would give the state the authority to shut
down operations of human trafficking and prostitution activities
by those who use massage therapy as a front. In addition, the
proposed bill would increase the minimum course of study for
licensure from 500 to 625 hours, which represents the current
national minimum standard. It would also reduce the requirement
of safety education for bloodborne pathogens from four to two
hours as recommended by the national standard. Finally, the
proposed bill would change the requirement for fingerprinting
every six years instead of every two years. The enabling
legislation established the Board of Massage Therapists,
statutes, and requirements for licensure of massage therapists
almost four years ago. Thus, the need for minor adjustments to
licensure has arisen. He urged members to move this bill from
committee.
4:37:50 PM
LAUREN PAAP, President, American Organization for Bodywork
Therapy of Asia (AOBTA), stated that she represents Asian
Bodywork therapists, such as shiatsu, acupressure, amma or
qigong. She asked for clarification on whether her members, if
not exempted would have been required to pay a fee. She further
asked if her group was required to be licensed under the
proposed CS for HB 110.
CHAIR KITO said that portion of the bill was removed and is not
in the current CSHB 110, {Version U].
MS. PAAP referenced whether there was an intent to include Asian
bodywork members in the future. If so, she had specific
questions.
CHAIR KITO assured Ms. Papp that the only bill before the
committee was the current committee substitute for HB 110,
[Version U], that includes three changes to licensing of massage
therapists.
MS. PAAP directed attention to the provision that requires 625
hours.
CHAIR KITO asked her to limit questions to the bill version
before the committee and to contact his staff for discussion
questions.
MS. PAAP offered to do so.
4:40:25 PM
CHAIR KITO closed public testimony on HB 110.
4:40:44 PM
REPRESENTATIVE WOOL moved to report the proposed committee
substitute (CS) for HB 110, Version 30-LS0157\U, Radford,
2/9/18, out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, the CSHB
110(L&C) was reported from the House Labor and Commerce Standing
Committee.