AMTA Government Relations Committee
Legislative Briefing

October 2006

Kentucky

Executive Order 1343 was issued by Governor Fletcher on October 23, 2006.  The Executive Order appoints Kimberly Stacy as a member of the Kentucky Board of Licensure for Massage Therapy to represent citizens-at-large.  Ms. Stacy replaces Kristy A. Kilcoyne whose term has expired.  Ms. Stacy shall serve for a term expiring July 16, 2009. 

Massachusetts

The House and Senate overrode the Governor’s veto of SB 2258 and the bill was enacted on June 29, 2006.  The bill states that the board may issue a license to practice as a massage therapist to an applicant who satisfies the following minimum qualifications: (1) he shall have obtained a high school diploma or its equivalent; (2) he is 18 years of age or older; (3) he has submitted 2 professional letters of reference, with at least 1 being from an employer or professional in the massage therapy or medical field; (4) he shall be of good moral character as determined by the discretion of the board; (5) he shall have successfully completed a course of study consisting of at least 500 classroom hours or an equivalent number of credit hours of supervised instruction at a licensed massage school; (6) he shall have not been convicted in any jurisdiction of sexually-related crime or crime involving moral turpitude for the 10 years immediately before the date of application; (7) he shall provide proof of professional liability coverage; and (8) he demonstrates such professional competence as may be required by the board’s regulations.  SB 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 Board of Registration of Massage Therapy Website at http://www.mass.gov/dpl/boards/mt/index.htm or contact the AMTA-Massachusetts Chapter.   

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 House Legislative Analysis Section submitted a summary of HB 5218 to the House Committee on Health Policy on September 1, 2006.  A public hearing for testimony only was held on September 5, 2006 by the Committee on Health Policy.  Last action taken: HB 5218 is pending further action.  To view a copy of the bill summary, please visit http://www.legislature.mi.gov/documents/2005-2006/billanalysis/House/htm/2005-HLA-5218-1.htm.

New Jersey

Assembly Bill 4901 was introduced on July 6, 2006 by Assemblyman Payne and Assemblywoman Cruz-Perez.  A4901 increases sales and use tax from 6% to 7% on July 15, 2006 and expands base of sales and use tax on October 1, 2006.  The measure would apply a sales tax on all massage, bodywork or somatic services.  A4901 passed both houses on July 8, 2006.  The measure was signed by the Governor and approved as Public Law 2006, c.44 on July 8, 2006.  Last action taken: The 7% sales and use tax took effect on October 1, 2006.

Assembly Bill 3483 was introduced on October 19, 2006 by Assemblyman Pennacchio and Assemblywoman Beck.  A3483 decreases sales and use tax from 7% to 6%.  The sales and use tax is applied to a number of services, including massage, bodywork and somatic services (except such services provided pursuant to a doctor’s prescription).  Last action taken: A3483 was referred to the Assembly Appropriations Committee on October 19, 2006.

Assembly Bill 3561 was introduced on October 23, 2006 by Assemblyman Corodemus and Assemblywoman Beck.  A3561 eliminates the imposition of sales and use tax on certain services and goods effective October 1, 2006.  Last action taken: A3561 was referred to the Assembly Appropriations Committee on October 23, 2006.

Pennsylvania

HB 1643 was introduced on June 6, 2005.  The bill would establish the State Board of Professional Massage Therapists and provide for funds, licensure, disciplinary action and remedies to regulate massage therapists.  The House Professional Licensure Committee unanimously amended HB 1643 on June 13, 2006.  A public hearing on HB 1643 was held August 1, 2006.  AMTA-PA Chapter President Nancy M. Porambo testified at the Professional Licensure Committee hearing on August 1, 2006.  For updates on HB 1643, please contact the AMTA Pennsylvania Chapter or visit www.amtapa.org.

Senate Resolution 375 was adopted on October 18, 2006 recognizing the week of October 22-28, 2006 as “National Massage Therapy Awareness Week” in Pennsylvania. 

South Dakota

A public hearing was held on July 24, 2006 by the South Dakota Board of Massage Therapy.  The hearing was held to consider the adoption and amendment of proposed rules that provide for applications and licenses for qualified massage therapists, to set fees for licenses and other functions of the board, to provide continuing education requirements, set standards for disciplinary proceedings and set professional liability or malpractice insurance limits for massage therapists.  The reason for adopting the proposed rules is to comply with statute by licensing massage therapists in South Dakota. The board is charged with the responsibility of setting standards for massage therapists in order to protect the public.  AMTA-South Dakota Chapter Board members testified at a hearing of the Interim Rules Committee on August 29, 2006.  The Interim Rules Committee voted to approve the proposed rules for massage therapy licensure on August 29, 2006.  For more information, please visit the South Dakota Board of Massage Therapy Website at http://www.state.sd.us/doh/Massage/index.htm. 

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.