HB 110: "An Act relating to the practice of massage therapy; relating to the Board of Massage Therapists; and providing for an effective date."

00 HOUSE BILL NO. 110 01 "An Act relating to the practice of massage therapy; relating to the Board of Massage 02 Therapists; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.61.020 is amended to read: 05 Sec. 08.61.020. Duties and powers of board. In addition to the duties 06 specified in AS 08.01, the board shall 07 (1) provide for the examination of applicants by the board or through a 08 nationally recognized competency examination approved by the board and issue 09 licenses to applicants the board finds qualified; 10 (2) adopt regulations governing 11 (A) licensing of massage therapists; [AND] 12 (B) the practice of massage therapy; and 13 (C) massage therapy establishments; 14 (3) establish standards of professional competence and ethical conduct

01 for massage therapists; 02 (4) establish standards for continuing education for massage therapists; 03 standards adopted by the board under this paragraph must allow for approval of 04 Internet-based continuing education courses; 05 (5) make available to the public a list of massage therapists licensed 06 under this chapter; 07 (6) determine which states have educational and licensing 08 requirements equivalent to the requirements of this state; 09 (7) enforce the provisions of this chapter and adopt and enforce 10 regulations necessary to implement this chapter; and 11 (8) approve one or more nationally recognized competency 12 examinations and publish and periodically update the list of approved examinations. 13 * Sec. 2. AS 08.61.030 is amended to read: 14 Sec. 08.61.030. Qualifications for license. The board shall issue a license to 15 practice massage therapy to a person who 16 (1) applies on a form provided by the department; 17 (2) pays the fees established under AS 08.61.090; 18 (3) furnishes evidence satisfactory to the board that the person has 19 completed a 20 (A) course of study of at least 625 [500] hours of in-class 21 supervised instruction and clinical work from an approved massage school; or 22 (B) board-approved apprenticeship program; 23 (4) is 18 years of age or older; 24 (5) has been fingerprinted and has provided the fees required by the 25 Department of Public Safety under AS 12.62.160 for criminal justice information and 26 a national criminal history record check; the fingerprints and fees shall be forwarded 27 to the Department of Public Safety to obtain a report of criminal justice information 28 under AS 12.62 and a national criminal history record check under AS 12.62.400; 29 (6) has a current cardiopulmonary resuscitation certification; 30 (7) has received at least two [FOUR] hours of safety education 31 covering bloodborne pathogens and universal precautions in the two years preceding

01 the application for the license; in this paragraph, "bloodborne pathogens" has the 02 meaning given in AS 18.15.450; 03 (8) has successfully completed a nationally recognized competency 04 examination approved by the board; and 05 (9) has not been convicted of, or pled guilty or no contest to, a crime 06 involving moral turpitude, or who has been convicted of, or pled guilty or no contest 07 to, a crime involving moral turpitude if the board finds that the conviction does not 08 affect the person's ability to practice competently and safely. 09 * Sec. 3. AS 08.61 is amended by adding a new section to read: 10 Sec. 08.61.085. Application for an exemption. (a) The board may issue an 11 exemption from the licensure requirements of this chapter to a person who 12 (1) submits an application on a form approved by the board; 13 (2) pays the fees established under AS 08.61.090; and 14 (3) submits proof satisfactory to the board that the person 15 (A) only performs techniques that involve resting the hands on 16 the surface of the body of another person without delivering pressure to or 17 manipulating the person's soft tissues; 18 (B) is engaged only in the practice of structural integration and 19 holds a current certified professional membership from the International 20 Association of Structural Integrators or is certified by the Rolf Institute of 21 Structural Integration; 22 (C) uses only light touch, words, and directed movement to 23 deepen awareness of existing patterns of movement or to affect the energy 24 systems; or 25 (D) practices reflexology to manipulate the soft tissues of the 26 hands, feet, or ears, maintains a current certification with a national 27 reflexology board, and does not hold out to be a massage therapist. 28 (b) The board shall 29 (1) notify an applicant in writing of a decision to approve or deny an 30 exemption under this section; 31 (2) maintain a registry of persons exempted under this section; and

01 (3) establish by regulation standards and requirements for persons 02 applying for an exemption under this section. 03 (c) An exemption issued by the board under this section is valid until the 04 earlier of 05 (1) 10 years after the date the exemption is issued; or 06 (2) the date on which the person's scope of practice changes. 07 (d) The board may renew a valid exemption issued under this section if the 08 person submits a timely application on a form approved by the board and pays the 09 established fees under AS 08.61.090. 10 * Sec. 4. AS 08.61.090 is amended to read: 11 Sec. 08.61.090. Fees. The department shall set fees under AS 08.01.065 for 12 application, license issuance, license renewal, application for an exemption, 13 exemption renewal, and investigation under this chapter. 14 * Sec. 5. AS 08.61.080(7), 08.61.080(10), 08.61.080(11), and 08.61.080(13) are repealed. 15 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: REGULATIONS. The Board of Massage Therapists may adopt 18 regulations necessary to implement the changes made by this Act. The regulations take effect 19 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 20 implemented by the regulation. 21 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 22 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect July 1, 2019.