AMTA Government Relations Committee
Legislative Briefing

April 2006

Alabama

Senate Bill 474 was introduced by Senator Little on February 23, 2006.  Under existing law, the Alabama Massage Therapy Licensure Act governs the practice of massage therapy in the state. SB 474 would delete several existing requirements under existing law.  It would remove the requirement that a massage therapy school be accredited by the State Department of Education. The bill would delete any reference to a temporary permit to practice massage therapy.  It would also delete the requirement that appointees to the Alabama Board of Massage Therapy be confirmed by the Senate. It would change the name of the executive secretary to executive director and it would remove the requirements that the oath of office of board members be filed with the Governor. The bill would remove the requirement that an applicant for licensure be a United States citizen. SB 474 would also further provide for the imposition of fines against persons or establishments governed by the Alabama Massage Therapy Licensure Act.  SB 474 was read for the first time and referred to the Senate Committee on Governmental Affairs on February 23, 2006.  Last action taken: An amendment to SB 474 was added by the Committee on Governmental Affairs on April 6, 2006. 

California

Senator Liz Figueroa introduced Senate Bill 412 on February 17, 2005 and the language has been amended since introduction.  SB 412 is currently pending action in the Assembly Committee on Appropriations.  Please refer to the AMTA California Chapter Website for a more detailed update on the status of this legislation, recently amended language and lobbying activities: http://www.amta-ca.org/html/licensing.htm

Colorado

House Bill 1170 defines alternative health care provider and prohibits certain acts, to include performing massage therapy, by an alternative health care provider.  The bill was amended on February 13, 2006 and referred to the House Committee on Health and Human Services and Appropriations.  The fiscal note for HB 1170 was issued on April 10, 2006.  The House Committee on Appropriations passed an amended HB 1170 to the House Committee on the Whole on April 12, 2006.  HB 1170 had a second and third reading in the House and it passed with amendments on April 21, 2006.  HB 1170 was introduced in the Senate and assigned to the Health and Human Services Committee on April 25, 2006.  Last action taken: The Senate Committee on Health and Human Services indefinitely postponed consideration of HB 1170 on April 27, 2006.

Connecticut

Senate Bill 317 was introduced by Senator Andrea Stillman to make revisions to the Department of Public Health statutes.  It prohibits the creation of separate licensing boards for several professions, including massage therapy, which are currently regulated by the Department of Public Health.  SB 317 was favorably reported out of the Legislative Commissioner’s Office on April 4, 2006.  The bill was referred by the Senate to Committee on Insurance and Real Estate and ordered for immediate transmittal on April 11, 2006.  Rules suspended and transmitted on April 25, 2006.  Last action taken: SB 317 was favorably reported out of Committee.  It was amended and tabled for the Senate Calendar on April 26, 2006.

Florida

Senate Resolution 2798 was filed on March 21, 2006 by Senator Jones.  The resolution recognizes March 21-22, 2006 as “Massage Therapy Legislative Awareness Days.”  Last action taken: the resolution was adopted on March 30, 2006. 

Maryland

House Bill 1062 was introduced by Delegate Hubbard on February 9, 2006.  The bill creates the State Board of Massage Therapy Examiners within the Department of Health and Mental Hygiene.  This bill would transfer regulatory control and oversight from the State Board of Chiropractic Examiners, which currently regulates massage therapists, to the newly created State Board of Massage Therapy Examiners.  Last action taken: HB 1062 was read and referred to the House Committee on Health and Government Operations.  A hearing was scheduled for March 1, 2006.  No further action taken. 

Massachusetts

House Bill 3412 to regulate massage therapy and create a board of registration of massage therapy was favorably reported out of the Consumer Protection and Professional Licensure Committee on September 29, 2005.  The Senate companion bill, SB 2212, was referred to the Senate Ways and Means Committee that same day.  The Senate Ways and Means Committee recommended passage of SB 2212 with an amendment.  The amended version became SB 2258, which was referred to the Senate Ethics and Rules Committee on November 2, 2005.  The measure, without the amendment, passed by the full Senate on November 15, 2005 and was referred back to the House Ways and Means Committee for consideration.  No further action taken to date.  To view a copy of bill language, please visit: http://www.mass.gov/legis/bills/senate/st02/st02258.htm

Michigan

House Bill 5218 was introduced on September 22, 2005 to provide for licensure of massage therapists.  The bill would establish the Michigan Board of Massage Therapy and take effect when funding is appropriated.  The bill is pending action in the House Committee on Health Policy.  To view a copy of bill language, please visit: http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=2005-HB-5218

New Jersey

Assembly Bill 4034 was introduced on May 5, 2005 by Assemblyman Barnes. This bill would amend the current voluntary state certification to mandatory certification by requiring all individuals who render massage, bodywork or somatic therapy services to be certified.  The bill was amended by the Law and Public Safety Committee in May 2005 and ultimately died in Assembly.  Assemblyman Barnes re-introduced the legislation on January 10, 2006 as Assembly Bill 1670.  AB 1670 was read once and referred to the Assembly Law and Public Safety Committee. 

Pennsylvania

Action is pending on House Bill 1643 in the House Professional Licensure Committee.  The legislation was introduced by Rep. McCall and has more than 65 co-sponsors.  HB 1643 would establish the State Board of Professional Massage Therapists and provide for funds, licensure, disciplinary action and remedies to regulate massage therapists.  The bill text is available at: http://www.legis.state.pa.us/WU01/LI/BI/BT/2005/0/HB1643P2028.HTM

Tennessee

HB 2561 was introduced on February 7, 2006 by Rep. Shepard.  The bill amends the Tennessee Code Annotated Title 63, Chapter 18, relative to massage therapy.  HB 2561 revises standards for persons whose experience qualifies them for a massage therapist license without meeting current licensure requirements.  The bill would allow the state board to restrict or condition applications for licensure or otherwise discipline the license of a massage therapist or establishment for a violation.  It also allows licensure of an applicant who has been certified by NCBTMB for the five-year period preceding the application for licensure and who can submit documentation of engaging in the practice of massage therapy in another state during that five-year period, where: such person has met licensure qualifications, but is unable to produce a transcript because the educational institution was not state-approved or is no longer in existence; or where graduation from a qualified massage school or course occurred prior to October 1, 1995.  HB 2561 was placed on the House Subcommittee on Professional Occupations calendar for April 5, 2006. The bill was placed on the calendar of the Health and Human Resources Committee for April 18, 2006.  Last action taken: Action was deferred on HB 2561 in the Health and Human Resources Committee until May 2, 2006.

SB 2736 is the Senate companion bill to HB 2561.  SB 2736 was introduced on February 13, 2006 by Sen. Kyle.  SB 2736 was placed on the Senate General Welfare, Health and Human Resources Committee calendar for April 19, 2006.  SB 2736 was recommended for passage by the Senate General Welfare, Health and Human Resources Committee.  The bill was referred to the Senate Calendar Committee on April 26, 2006.  Last action taken: SB 2736 was placed on the Senate consent calendar for May 1, 2006. 

West Virginia

House Bill 4279 was introduced January 30, 2006 to amend and reenact the Massage Therapy Practice Act.  The legislation introduces a grandfathering provision effective immediately upon enactment to discontinue waiver requirements for licensure and require practitioners who were formerly licensed by waiver to meet current requirements in order to practice.  HB 4279 was referred to the Committee on Government Organization on January 30, 2006.  The bill was on second reading and placed on Special Calendar for February 28, 2006.  HB 4279 was referred to the Senate Health & Human Resources Committee on March 2, 2006.  First reading on March 8, 2006.  Second reading on March 9, 2006.  Third reading on March 10, 2006.   HB 4279 passed the Senate on March 10, 2006.  The bill was sent to, and received by, the House on March 10, 2006.  Last action taken: HB 4279 was approved by Governor Manchin on April 4, 2006.

House Bill 4849 was introduced on February 24, 2006.  HB 4849 amends and reenacts sections of the Code of West Virginia, all relating to the West Virginia sunset law.  HB 4849 terminates certain agencies following full performance evaluations; terminates certain agencies previously subject to full performance evaluations following compliance monitoring and further inquiry updates; and terminates boards created to regulate professions and occupations.  The West Virginia Massage Therapy Licensure Board would terminate on July 1, 2015.  HB 4849 was on second reading and placed on Special Calendar for February 28, 2006.  The bill was referred to the Senate Committee on Government Organization on March 2, 2006.  Second reading on March 10, 2006.  House legislative action completed on March 11, 2006.   Last action taken:  The bill was approved by Governor Manchin on April 3, 2006.

If you are interested in getting involved with your AMTA State Chapter or would like more information on legislative and regulatory activities in your area, please contact Amy K. Young, Government Relations Program Manager at the AMTA National Office.  Toll free (877) 905-2700 or e-mail ayoung@amtamassage.org.