AMTA Legislative Briefing

December 2007

Florida

Senate Bill 12-C relating to Health and Human Services Appropriations was filed on September 28, 2007.  The legislation, among other things, proposes a comprehensive redesign of the home and community-based services delivery system.  SB 12-C states that the Agency for Health Care Administration shall seek federal approval and implement a four-tiered waiver system to serve clients with developmental disabilities in the developmental disabilities and family and supported living waivers.  The agency shall assign all clients receiving services through the developmental disabilities waiver to a tier based on a valid assessment instrument, client characteristics, and other appropriate assessment methods.  The agency shall seek federal waivers and amend contracts as necessary to make changes to services defined in federal waiver programs administered by the agency.  One of the changes to existing services will include elimination of massage therapy services.  To view the bill, please visit http://www.flsenate.gov/data/session/2007C/Senate/bills/billtext/pdf/s0012Cer.pdf.  SB 12-C was signed by Officers and presented to the Governor on October 12, 2007.  Last action taken: SB 12-C was adopted on October 26, 2007.

Indiana

Senator Miller introduced SB 320 on January 11, 2007.  SB 320 establishes the state board of massage therapy to certify massage therapists.  The bill specifies certification requirements and establishes guidelines for the certification by endorsement of a massage therapist who holds a certification or license in another state or country.  SB 320 also establishes penalties for the unauthorized use of the title massage therapist.  SB 320 was referred to the Senate Committee on Health and Provider Services on January 11, 2007.  Senator Delph was added as a co-author of SB 320 on January 23, 2007.  A hearing on SB 320 was scheduled for February 21, 2007 in the Senate Health and Provider Services Committee. The Senate Health and Provider Services Committee amended and recommended passage of SB 320 on February 21, 2007. Senator Errington was added as co-author on February 22, 2007.  Sen. Miller’s amendment to SB 320 passed the Senate on February 26, 2007.  A fiscal impact statement was prepared for SB 320 on February 27, 2007. SB 320 was referred to the House Committee on Public Health.  A hearing was scheduled for March 26, 2007.  The House Committee on Public Health amended and recommended passage of SB 320 on March 29, 2007. SB 320 was amended and on its second reading in the House on April 2, 2007.  SB 320 was on its third reading and passed the House on April 3, 2007.  SB 320 was engrossed in the House on April 3, 2007.  A fiscal note was issued on April 3, 2007.  The House returned SB 320 to the Senate for Conference Committee deliberations on April 4, 2007.  The House and Senate appointed members to the Conference Committee.  The Conference Committee report on SB 320 was adopted in the House and Senate on April 28, 2007. SB 320 was signed by the Speaker of the House on April 29, 2007. SB 320 was signed by the Senate President on April 30, 2007 and sent to the Governor.  Last action taken: Governor Daniels signed SB 320 into law on May 9, 2007.  For more information on the law, please visit http://www.in.gov/pla/bandc/massage/index.html. 

Maryland

House Bill 2, the Tax Reform Act of 2007, was introduced on October 29, 2007 by House Speaker Busch.  The bill includes massage in the list of taxable services. Amendment after the first reading removed massage from the list of taxable services.  Last action taken: After House-Senate conference committee deliberations HB 2 was approved by the Governor on November 19, 2007. 

The Senate companion bill to HB 2, SB 2, was introduced on October 29, 2007 by the Senate President.  Massage was also removed from the list of taxable services via amendment.  Last action taken: After House-Senate conference committee deliberations SB 2 was approved by the Governor November 19, 2007. 

House Bill 11 was introduced by Delegates Gilchrist and Rice on October 29, 2007 for the purposes of altering the definition of "taxable service" under the sales and use tax to impose the tax on specified services, including massage.  Last action taken: SB 11 was referred to the House Ways and Means Committee on October 29, 2007.  A hearing was scheduled for November 3, 2007. 

Massachusetts

Senate Bill 2258 passed both chambers in the General Court of the Commonwealth of Massachusetts on June 29, 2006 to become Chapter 135 of the Acts of 2006.  For updates on the law, please visit the Massachusetts Board of Registration of Massage Therapy website at http://www.mass.gov/dpl/boards/mt/index.htm.  

Michigan

Senate Bill 788 was introduced on September 19, 2007 by Senator Jacobs, Richardville and Gleason to provide for the licensure of massage therapists.  To view the bill, please visit http://www.legislature.mi.gov/documents/2007-2008/billintroduced/Senate/pdf/2007-SIB-0788.pdf.  Last action taken: SB 788 was referred to the Senate Committee on Economic Development and Regulatory Reform on September 19, 2007.

House Bill 5408 was introduced on October 31, 2007 by Representative Coulouris.  Among other actions, HB 5408 repeals the tax on massage.  After several amendments and substitutions in the House and Senate, HB 5408 was agreed upon and enrolled on December 1, 2007.  Governor Granholm approved the bill on December 4, 2007. To view the bill, please visit http://www.legislature.mi.gov/documents/2007-2008/publicact/pdf/2007-PA-0145.pdf  Last action taken: Governor Granholm approved HB 5408 on December 4, 2007. 

NEW JERSEY

Assembly Bill 4455 was introduced on November 8, 2007 by Assemblymen Caraballo, Biondi and Prieto to provide for licensure of massage and bodywork therapists and registration of the employers.  A4455 was referred to the Assembly Regulated Professions and Independent Authorities Committee on November 8, 2007.  The committee scheduled a hearing for November 19, 2007.  The bill was amended and reported by the committee.  Assembly floor amendments were offered and passed. To view the bill, please visit http://www.njleg.state.nj.us/2006/Bills/A4500/4455_R2.PDF   Last action taken:

The Assembly passed floor amendments on December 13, 2007. 

Senate Bill 2536 was introduced on February 8, 2007 by Senator Gill to provide for licensure of massage and bodywork therapists and registration of the employers.  S2536 was referred to the Senate Commerce Committee on February 8, 2007.  The committee reported favorably on the substitute bill on December 3, 2007.  The Senate adopted floor amendments to S2536 on December 10, 2007.  To view the bill, please visit http://www.njleg.state.nj.us/2006/Bills/S3000/2536_R1.PDF Last action taken: The Senate passed floor amendments on December 10, 2007. 

Assembly Bill 4456 was introduced on November 8, 2007 by Assemblymen Van Drew, Albano, Baroni, Vas and Diegnan to impose a use and sales tax. A seven percent (7%) sales tax shall be imposed on massage, bodywork or somatic services, except such services provided pursuant to a doctor's prescription. Last action taken: Introduced and referred to Assembly Budget Committee on November 8, 2007.

Ohio

House Bill 125 was introduced on March 22, 2007 by Representative Huffman to establish uniform contract provisions between health care providers, including massage therapists, and third-party payers.  HB 125 was referred to the House Civil and Commercial Law Committee on March 28, 2007.  A House substitute bill, offered by the Civil and Commercial Law Committee was accepted on September 12, 2007 (after the tenth hearing on the bill) and another Committee substitute was accepted on October 3, 2007 (after the eleventh hearing on the bill).  HB 125 was reported out as amended of the Civil and Commercial Law Committee on October 9, 2007.  HB 125 passed the House by a vole of 91-5 on October 9, 2007.  HB 125 was introduced into the senate on October 10, 2007 and referred to the Judiciary-Civil Justice Committee.  Last action taken: The Senate Judiciary-Civil Justice Committee scheduled a hearing for December 5, 2007 at 11:00 A.M. 

Senate Bill 252 was introduced on November 8, 2007 by Senator Coughlin to amend local and municipal rules and requirements.  Among other topics, SB 252 requires unincorporated township trustee boards that regulate massage establishments within their township to deny/revoke permits for any of the following reasons; (i) Falsification of any of the information required for the application or failure to fully complete the application; (ii) Failure to cooperate with any required health or safety inspection; (iii) Any one of the persons named on the application is under the age of eighteen; (iv) Any one of the persons named on the application has been convicted of or pleaded guilty to any violation of Chapter 2907. of the Revised Code, or any violation of any municipal ordinance or township resolution that is substantially equivalent to any offense contained in Chapter 2907. of the Revised Code, within five years preceding the application; (v) Any massager employed at the licensed massage establishment has been convicted of or pleaded guilty to a violation of division (D) of section 503.42 of the Revised Code. Last action taken: Referred to Judiciary-Civil Justice Committee on November 13, 2007. 

House Bill 104 was introduced March 13, 2007.  The bill requires massage therapists, among other healthcare professionals, to undergo a criminal background check prior to receiving an initial license.  This bill also modifies procedures for reinstatement from suspension due to failure to pay renewal fees or failure to renew license.  A substitute bill was reported on by the Senate Judiciary-Criminal Justice Committee on November 15, 2007. The substitute bill passed the Senate 30-2 on December 11, 2007. The House concurred with Senate amendments 86-3 on December 12, 2007.  Last action taken:  Governor Strickland approved HB 104 on December 21, 2007.

Texas

House Bill 2644 was introduced on March 6, 2007 by Representative Rose.  HB 2644 relates to the requirements for a massage therapist license.  The bill increases the education requirement to a minimum of 500 hours in a supervised course of instruction provided by a massage therapy instructor at massage school, licensed massage school, a state-approved educational institution, or any combination of instructors or schools.  HB 2644 was referred to the House Public Health Committee on March 13, 2007. A fiscal note was issued on April 9, 2007 which shows no significant fiscal implication to the state to be anticipated with enactment of HB 2644.  A public hearing was scheduled for April 11, 2007 in the House Public Health Committee.  HB 2644 was left pending in the Public Health Committee on April 11, 2007.  HB 2644 was reported favorably without amendments out of the Public Health Committee on April 19, 2007.  The Public Health Committee report on HB 2644 was printed and distributed on April 28, 2007. HB 2644 passed the House on May 11, 2007.  HB 2644 was engrossed on May 13, 2007 and received in the Senate on May 14, 2007.  HB 2644 was amended and passed the Senate on May 22, 2007. HB 2644 was signed in the House and Senate on May 28, 2007.  Last action taken: HB 2644 was signed into law by Governor Perry on June 15, 2007.  The law took effect on September 1, 2007.  For more information on the new law, please visit http://www.dshs.state.tx.us/massage/default.shtm. 

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 Joseph Roth, Government Relations Program Manager at the AMTA National Office. Toll free (877) 905-2700 or e-mail jroth@amtamassage.org.