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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 328                                                                                                         
01 Establishing the Board of Massage Therapists; relating to the licensing of massage therapists;                          
02 and providing for an effective date.                                                                                    
03                           _______________                                                                               
04    * Section 1. AS 08.01.010 is amended by adding a new paragraph to read:                                            
05                 (39)  Board of Massage Therapists (AS 08.61.010).                                                       
06    * Sec. 2. AS 08.02.010(a) is amended to read:                                                                      
07            (a)  An acupuncturist licensed under AS 08.06, an audiologist or speech-                                     
08       language pathologist licensed under AS 08.11, a person licensed in the state as a                                 
09       chiropractor under AS 08.20, a professional counselor licensed under AS 08.29, a                                  
10       dentist under AS 08.36, a dietitian or nutritionist licensed under AS 08.38, a massage                        
11       therapist licensed under AS 08.61, a marital and family therapist licensed under                              
12       AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife                              
13       certified under AS 08.65, a registered nurse under AS 08.68, an optometrist under                                 
14       AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational                              
01       therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social                            
02       worker licensed under AS 08.95, shall use as professional identification appropriate                              
03       letters or a title after that person's name that represents the person's specific field of                        
04       practice. The letters or title shall appear on all signs, stationery, or other advertising in                     
05       which the person offers or displays personal professional services to the public. In                              
06       addition, a person engaged in the practice of medicine or osteopathy as defined in                                
07       AS 08.64.380, or a person engaged in any manner in the healing arts who diagnoses,                                
08       treats, tests, or counsels other persons in relation to human health or disease and uses                          
09       the letters "M.D." or the title "doctor" or "physician" or another title that tends to show                       
10       that the person is willing or qualified to diagnose, treat, test, or counsel another                              
11       person, shall clarify the letters or title by adding the appropriate specialist designation,                      
12       if any, such as "dermatologist," [,] "radiologist," [,] "audiologist," [,] "naturopath," [,]      
13       or the like.                                                                                                      
14    * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read:                                            
15                 (22)  Board of Massage Therapists (AS 08.61.010) - June 30, 2018.                                       
16    * Sec. 4. AS 08 is amended by adding a new chapter to read:                                                        
17                      Chapter 61. Massage Therapists.                                                                  
18            Sec. 08.61.010. Board established. The Board of Massage Therapists is                                      
19       established in the department. The board consists of five members appointed by the                                
20       governor as follows:                                                                                              
21                 (1)  four licensed massage therapists who have been engaged in the                                      
22       practice of massage therapy in the state for the three years immediately preceding                                
23       appointment and who shall remain actively engaged in the practice of massage therapy                              
24       while serving on the board; not more than one member appointed under this paragraph                               
25       may have an ownership or partnership interest in a massage school; and                                            
26                 (2)  one public member; the governor may not appoint as a public                                        
27       member                                                                                                            
28                      (A)  a licensed health care provider;                                                              
29                      (B)  an employee of the state; or                                                                  
30                      (C)  a current or former member of another occupational                                            
31            licensing board established under AS 08.                                                                     
01            Sec. 08.61.020. Duties and powers of board. In addition to the duties                                      
02       specified in AS 08.01, the board shall                                                                            
03                 (1)  provide for the examination of applicants by the board or through a                                
04       nationally recognized competency examination approved by the board and issue                                      
05       licenses to applicants the board finds qualified;                                                                 
06                 (2)  adopt regulations governing                                                                        
07                      (A)  licensing of massage therapists; and                                                          
08                      (B)  the practice of massage therapy;                                                              
09                 (3)  establish standards of professional competence and ethical conduct                                 
10       for massage therapists;                                                                                           
11                 (4)  establish standards for continuing education for massage therapists;                               
12       standards adopted by the board under this paragraph must allow for approval of                                    
13       Internet-based continuing education courses;                                                                      
14                 (5)  make available to the public a list of massage therapists licensed                                 
15       under this chapter;                                                                                               
16                 (6)  determine which states have educational and licensing                                              
17       requirements equivalent to the requirements of this state;                                                        
18                 (7)  enforce the provisions of this chapter and adopt and enforce                                       
19       regulations necessary to implement this chapter; and                                                              
20                 (8)  approve one or more nationally recognized competency                                               
21       examinations and publish and periodically update the list of approved examinations.                               
22            Sec. 08.61.030. Qualifications for license. The board shall issue a license to                             
23       practice massage therapy to a person who                                                                          
24                 (1)  applies on a form provided by the department;                                                      
25                 (2)  pays the fees established under AS 08.61.090;                                                      
26                 (3)  furnishes evidence satisfactory to the board that the person has                                   
27       completed a                                                                                                       
28                      (A)  course of study of at least 500 hours of in-class supervised                                  
29            instruction and clinical work from an approved massage school; or                                            
30                      (B)  board-approved apprenticeship program;                                                        
31                 (4)  is 18 years of age or older;                                                                       
01                 (5)  has been fingerprinted and has provided the fees required by the                                   
02       Department of Public Safety under AS 12.62.160 for criminal justice information and                               
03       a national criminal history record check; the fingerprints and fees shall be forwarded                            
04       to the Department of Public Safety to obtain a report of criminal justice information                             
05       under AS 12.62 and a national criminal history record check under AS 12.62.400;                                   
06                 (6)  has a current cardiopulmonary resuscitation certification;                                         
07                 (7)  has received at least four hours of safety education covering                                      
08       bloodborne pathogens and universal precautions in the two years preceding the                                     
09       application for the license; in this paragraph, "bloodborne pathogens" has the meaning                            
10       given in AS 18.15.450;                                                                                            
11                 (8)  has successfully completed a nationally recognized competency                                      
12       examination approved by the board; and                                                                            
13                 (9)  has not been convicted of, or pled guilty or no contest to, a crime                                
14       involving moral turpitude, or who has been convicted of, or pled guilty or no contest                             
15       to, a crime involving moral turpitude if the board finds that the conviction does not                             
16       affect the person's ability to practice competently and safely.                                                   
17            Sec. 08.61.040. Licensure by credentials. The board shall issue a license to                               
18       practice massage therapy to a person who                                                                          
19                 (1)  is 18 years of age or older;                                                                       
20                 (2)  applies on a form provided by the department;                                                      
21                 (3)  pays the fees established under AS 08.61.090;                                                      
22                 (4)  has submitted the person's fingerprints and the fees required by the                               
23       Department of Public Safety under AS 12.62.160 for criminal justice information and                               
24       a national criminal history record check; the fingerprints and fees shall be forwarded                            
25       to the Department of Public Safety to obtain a report of criminal justice information                             
26       under AS 12.62 and a national criminal history record check under AS 12.62.400;                                   
27                 (5)  is not the subject of an unresolved complaint or disciplinary action                               
28       before a regulatory authority in this state or another jurisdiction;                                              
29                 (6)  has not had a certificate or license to practice massage therapy                                   
30       revoked, suspended, or voluntarily surrendered in this state or another jurisdiction;                             
31                 (7)  has not been convicted of, or pled guilty or no contest to, a crime                                
01       involving moral turpitude, or has been convicted of, or pled guilty or no contest to, a                           
02       crime involving moral turpitude if the board finds that the conviction does not affect                            
03       the person's ability to practice competently and safely;                                                          
04                 (8)  has a current cardiopulmonary resuscitation certification; and                                     
05                 (9)  is currently                                                                                       
06                      (A)  licensed to practice massage therapy in another state or                                      
07            country that has licensing requirements that are substantially equal to or greater                           
08            than the requirements of this state; or                                                                      
09                      (B)  certified by a certification entity approved by the board.                                    
10            Sec. 08.61.050. Standards for license renewal. The board shall renew a                                     
11       license issued under this chapter to a licensee who                                                               
12                 (1)  pays the required fee;                                                                             
13                 (2)  meets the continuing education requirements established by the                                     
14       board;                                                                                                            
15                 (3)  has not been convicted of, or pled guilty or no contest to, a crime                                
16       involving moral turpitude, or has been convicted of, or pled guilty to or no contest to,                          
17       a crime involving moral turpitude if the board finds that the conviction does not affect                          
18       the person's ability to practice competently and safely;                                                          
19                 (4)  has a current cardiopulmonary resuscitation certification; and                                     
20                 (5)  has been fingerprinted and has provided the fees required by the                                   
21       Department of Public Safety under AS 12.62.160 for criminal justice information and                               
22       a national criminal history record check; the fingerprints and fees shall be forwarded                            
23       to the Department of Public Safety to obtain a report of criminal justice information                             
24       under AS 12.62 and a national criminal history record check under AS 12.62.400.                                   
25            Sec. 08.61.060. Grounds for imposition of disciplinary sanctions. After a                                  
26       hearing, the board may impose a disciplinary sanction under AS 08.01.075 on a person                              
27       licensed under this chapter if the board finds that the person                                                    
28                 (1)  secured a license through deceit, fraud, or intentional                                            
29       misrepresentation;                                                                                                
30                 (2)  engaged in deceit, fraud, or intentional misrepresentation in the                                  
31       course of providing massage therapy services or engaging in massage therapy;                                      
01                 (3)  advertised massage therapy services in a false or misleading                                       
02       manner;                                                                                                           
03                 (4)  has been convicted of a felony or another crime that affects the                                   
04       licensee's ability to continue to practice competently and safely;                                                
05                 (5)  intentionally or negligently engaged in, or permitted a person under                               
06       the licensed massage therapist's supervision to engage in, client care that did not                               
07       conform to minimum professional standards, whether or not actual injury to the client                             
08       occurred;                                                                                                         
09                 (6)  failed to comply with a provision of this chapter, a regulation                                    
10       adopted under this chapter, or an order of the board;                                                             
11                 (7)  continued to practice after becoming unfit because of                                              
12                      (A)  professional incompetence; or                                                                 
13                      (B)  addiction or severe dependency on alcohol or another drug                                     
14            that impairs the ability to practice safely; or                                                              
15                 (8)  engaged in unethical conduct or sexual misconduct in connection                                    
16       with the delivery of massage therapy services to a client.                                                        
17            Sec. 08.61.070. Practice of massage therapy without license prohibited. (a)                                
18       A person may not practice massage therapy or represent that the person is a massage                               
19       therapist unless the person holds a valid license under this chapter. In this subsection,                         
20       a person represents that the person is a massage therapist when the person adopts or                              
21       uses a title or description of services that incorporates one or more of the following                            
22       terms or designations: massage, massage practitioner, massage therapist, massage                                  
23       therapy, therapeutic massage, massage technician, massage technology, massagist,                                  
24       masseur, masseuse, myotherapist, myotherapy, or another term describing a traditional                             
25       European or contemporary western massage method, or a derivation of a term that                                   
26       implies a massage technique or method.                                                                            
27            (b)  A person who knowingly violates (a) of this section is guilty of a class B                              
28       misdemeanor.                                                                                                      
29            Sec. 08.61.080. Exceptions to application of chapter. This chapter does not                                
30       apply to a                                                                                                        
31                 (1)  person licensed in the state under a statute outside this chapter who                              
01       performs massage therapy within the scope of practice for which the person's license                              
02       was issued;                                                                                                       
03                 (2)  person who, while acting in an official capacity as an employee of                                 
04       the United States government, performs massage therapy;                                                           
05                 (3)  person who is licensed, registered, or certified in another state,                                 
06       territory, the District of Columbia, or a foreign country while the person is temporarily                         
07                      (A)  practicing massage therapy in this state in connection with                                   
08            teaching a course related to massage therapy; or                                                             
09                      (B)  consulting with a person licensed under this chapter;                                         
10                 (4)  student enrolled in an approved massage school or course of study                                  
11       who is completing a clinical requirement for graduation under the general supervision                             
12       of a person licensed under this chapter if the student is clearly identified as a student                         
13       while performing massage therapy services on members of the public and is not                                     
14       compensated for the massage therapy services;                                                                     
15                 (5)  person only performing massage therapy on members of the                                           
16       person's family;                                                                                                  
17                 (6)  person only performing techniques that do not involve contact with                                 
18       the body of another person;                                                                                       
19                 (7)  person only performing techniques that involve resting the hands                                   
20       on the surface of the body of another person without delivering pressure to or                                    
21       manipulating the person's soft tissues;                                                                           
22                 (8)  person only performing services such as herbal body wraps, skin                                    
23       exfoliation treatments, or the topical application of products to the skin for                                    
24       beautification purposes when the services do not involve direct manipulation of the                               
25       soft tissues of the body;                                                                                         
26                 (9)  person only performing massage therapy for the athletic                                            
27       department of an institution maintained by public funds of the state or a political                               
28       subdivision of the state or only practicing massage therapy for the athletic department                           
29       of a school or college approved by the board using recognized national professional                               
30       standards;                                                                                                        
31                 (10)  person engaged only in the practice of structural integration for                                 
01       restoring postural balance and functional ease by integrating the body in gravity using                           
02       a system of fascial manipulation and awareness who has graduated from a program or                                
03       is a current member of an organization recognized by the International Association of                             
04       Structural Integrators, including the Rolf Institute of Structural Integration;                                   
05                 (11)  person using only light touch, words, and directed movement to                                    
06       deepen awareness of existing patterns of movement in the body as well as to suggest                               
07       new possibilities of movement or to affect the energy systems;                                                    
08                 (12)  person performing only the traditional practices of Native                                        
09       American traditional healers;                                                                                     
10                 (13)  person practicing only the manipulation of the soft tissues of the                                
11       hands, feet, or ears and not holding out to be a massage therapist.                                               
12            Sec. 08.61.090. Fees. The department shall set fees under AS 08.01.065 for                                 
13       application, license issuance, license renewal, and investigation under this chapter.                             
14            Sec. 08.61.100. Definitions. In this chapter,                                                              
15                 (1)  "approved massage school" means a massage therapy school or                                        
16       program that                                                                                                      
17                      (A)  has an authorization to operate from the Alaska                                               
18            Commission on Postsecondary Education or a similar entity in another state; or                               
19                      (B)  is accredited by a nationally recognized accrediting agency;                                  
20                 (2)  "board" means the Board of Massage Therapists;                                                     
21                 (3)  "department" means the Department of Commerce, Community,                                          
22       and Economic Development;                                                                                         
23                 (4)  "massage therapist" means a person licensed under this chapter;                                    
24                 (5)  "practice of massage therapy" means the provision, for                                             
25       compensation, of a service involving the systematic manipulation and treatment of the                             
26       soft tissues, including the muscular and connective tissues of the human body, to                                 
27       enhance the functions of those tissues and promote relaxation and well-being; in this                             
28       paragraph, "manipulation and treatment"                                                                           
29                      (A)  includes manual techniques applied with the intent to                                         
30            physically affect local soft tissues, such as pressure, friction, stroking,                                  
31            percussion, kneading, vibration, muscular assessment by palpation, range of                                  
01            motion for purposes of demonstrating muscle exertion for muscle flexibility,                                 
02            nonspecific stretching, and application of superficial heat, cold, water,                                    
03            lubricants, or salts;                                                                                        
04                      (B)  does not include diagnosis, the prescription of drugs or                                      
05            medicines, the practice of physical therapy, attempts to manipulate any                                      
06            articulation of the body or spine, or mobilization of these articulations by use                             
07            of a thrusting force.                                                                                        
08    * Sec. 5. AS 12.62.400(a) is amended by adding a new paragraph to read:                                            
09                 (16)  licensure as a massage therapist under AS 08.61.                                                  
10    * Sec. 6. AS 29.10.200 is amended by adding a new paragraph to read:                                               
11                 (63)  AS 29.35.146 (licensing of massage therapists).                                                   
12    * Sec. 7. AS 29.35 is amended by adding a new section to article 1 to read:                                        
13            Sec. 29.35.146. Licensing of massage therapists. (a) The authority to license                              
14       massage therapists is reserved to the state, and, except as specifically provided by                              
15       statute, a municipality may not enact or enforce an ordinance requiring professional                              
16       licensure of massage therapists.                                                                                  
17            (b)  This section applies to home rule and general law municipalities.                                       
18    * Sec. 8. AS 44.62.330(a) is amended by adding a new paragraph to read:                                            
19                 (49)  Board of Massage Therapists.                                                                      
20    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
21 read:                                                                                                                   
22       APPLICABILITY. (a) AS 08.61.030 - 08.61.050, enacted by sec. 4 of this Act,                                       
23            (1)  apply on and after the effective date of sec. 4 of this Act to persons who                              
24                 (A)  have not practiced massage therapy, as defined in AS 08.61.100,                                    
25       enacted by sec. 4 of this Act, in the state, on or after the effective date of sec. 4 of this                     
26       Act; or                                                                                                           
27                 (B)  have practiced massage therapy in the state but do not meet the                                    
28       requirements of (2) of this section; and                                                                          
29            (2)  apply on and after the date that is two years after the effective date of sec.                          
30 4 of this Act to a person who has been practicing massage therapy in the state and meets the                            
31 requirements of AS 08.61.040, enacted by sec. 4 of this Act.                                                            
01       (b)  In this section, "massage therapy" has the meaning given to "practice of massage                             
02 therapy" in AS 08.61.100, enacted by sec. 4 of this Act.                                                                
03    * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to                         
04 read:                                                                                                                   
05       TRANSITION. (a) Notwithstanding AS 08.61.030, enacted by sec. 4 of this Act, the                                  
06 Board of Massage Therapists shall waive the course of study and examination requirements                                
07 and issue a license to practice massage therapy to a person who                                                         
08            (1)  applies for the license before the date that is two years after the effective                           
09 date of sec. 4 of this Act;                                                                                             
10            (2)  proves that the person owned, operated, or worked for a massage therapy                                 
11 business and performed the practice of massage therapy before the effective date of sec. 4 of                           
12 this Act by submitting                                                                                                  
13                 (A)  copies of the person's signed federal income tax returns for one of                                
14       the five years immediately preceding the effective date of sec. 4 of this Act, listing the                        
15       person's occupation as massage therapy in this state;                                                             
16                 (B)  copies of the person's signed schedule C federal income tax returns                                
17       for one of the five years immediately preceding the effective date of sec. 4 of this Act,                         
18       demonstrating that the person has reported income from the practice of massage                                    
19       therapy in this state;                                                                                            
20                 (C)  a sworn statement from the person's employer in this state attesting                               
21       that the person has practiced massage therapy within the five years immediately                                   
22       preceding the effective date of sec. 4 of this Act, a copy of the business license of the                         
23       person's employer, and a copy of the person's Form W-2 or Form 1099-MISC from the                                 
24       same employer;                                                                                                    
25                 (D)  a copy of a municipal occupational license that was current on the                                 
26       day before the effective date of sec. 4 of this Act from a municipality in this state,                            
27       stating the person's occupation as massage therapist;                                                             
28                 (E)  documentation that the person has, for at least one year                                           
29       immediately preceding the effective date of sec. 4 of this Act, been an active member,                            
30       as a massage therapist, in a national professional massage therapy association that was                           
31       established before 2000, offers professional liability insurance as a benefit of                                  
01       membership, and has an established code of professional ethics; or                                                
02                 (F)  other documentation satisfactory to the board; and                                                 
03            (3)  meets the requirements of AS 08.61.030(1), (2), (4) - (6), and (9), enacted                             
04 by sec. 4 of this Act.                                                                                                  
05       (b)  A license issued under this section is considered to be a license issued under                               
06 AS 08.61, enacted by sec. 4 of this Act.                                                                                
07       (c)  In this section, "board" and "practice of massage therapy" have the meanings                                 
08 given in AS 08.61.100, enacted by sec. 4 of this Act.                                                                   
09    * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       BOARD OF MASSAGE THERAPISTS; TRANSITION; STAGGERED TERMS. (a)                                                     
12 In making initial appointments to the Board of Massage Therapists, the governor shall                                   
13 consider a massage therapist to be licensed for the purpose of AS 08.61.010, enacted by sec. 4                          
14 of this Act, if the massage therapist has practiced massage therapy in this state for the three                         
15 years immediately preceding appointment.                                                                                
16       (b)  The governor shall appoint the initial members of the board to staggered terms as                            
17 follows:                                                                                                                
18            (1)  two members shall be appointed to serve four years;                                                     
19            (2)  two members shall be appointed to serve three years; and                                                
20            (3)  one member shall be appointed to serve two years.                                                       
21       (c)  Notwithstanding AS 08.61.010, added by sec. 4 of this Act, a member appointed                                
22 to the Board of Massage Therapists who is not a public member may be unlicensed under                                   
23 AS 08.61, added by sec. 4 of this Act, for the first year of the member's initial appointment or                        
24 until 30 days after the Department of Commerce, Community, and Economic Development                                     
25 begins issuing licenses, whichever occurs first. A member of the board that does not obtain a                           
26 license as required by this subsection shall be removed from the board, and the governor shall                          
27 appoint a replacement to serve the unexpired term.                                                                      
28    * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to                         
29 read:                                                                                                                   
30       TRANSITIONAL PROVISIONS: REGULATIONS. The Department of Commerce,                                                 
31 Community, and Economic Development and the Board of Massage Therapists may adopt                                       
01 regulations necessary to implement the changes made by this Act. The regulations take effect                            
02 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law                             
03 implemented by the regulation.                                                                                          
04    * Sec. 13. AS 08.61.010 and 08.61.020, enacted by sec. 4 of this Act, and secs. 11 and 12 of                       
05 this Act take effect immediately under AS 01.10.070(c).                                                                 
06    * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2015.                          
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