2016 -- S 2428 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BODY WORKS SERVICES

ESTABLISHMENTS

     Introduced By: Senators Doyle, Crowley, Conley, and Nesselbush

     Date Introduced: February 11, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-20.8-1, 23-20.8-3, 23-20.8-6, 23-20.8-7 and 23-20.8-10 of the

General Laws in Chapter 23-20.8 entitled "Licensing of Massage Therapists" are hereby amended

to read as follows:

     23-20.8-1. Definitions. -- As used in this chapter:

     (1) "Massage therapist" means a person engaged in the practice of massage and is

licensed in accordance with this chapter of the general laws of the state of Rhode Island.

     (2) "Practice of massage" means the manual manipulation of the soft tissues of the human

body through the systematic application of massage techniques including: effleurage, petrissage,

compression, friction, vibration, percussion, pressure, positional holding, movement, range of

motion for purposes of demonstrating muscle excursion or muscle flexibility and nonspecific

stretching. The term massage includes the external application of lubricants or other topical

preparations such as water, heat and cold via the use of the hand, foot, arm or elbow with or

without the aid of massage devices for the purpose of aiding muscle relaxation, reducing stress,

improving circulation increasing range of motion, relieving muscular pain and the overall

enhancement of health. Massage shall not include the touch of genitalia, diagnosis of illness or

disease, the prescribing of drugs, medicines or exercise, high-velocity thrust applied to the joints

or spine, electrical stimulation, application of ultrasound or any services or procedures for which

a license to practice medicine, chiropractic, occupational therapy, physical therapy or podiatry as

required by law.

     (3) "Board" means the Rhode Island State Board of Licensed Massage Therapists as

established within this chapter. 

     (4) "Body works" and "body works services" means body rubs, body stimulation,

manipulation or conditioning of any part or parts of the body, spa services, and spa treatments

performed by any person not licensed under title 23 of the Rhode Island general laws.

     23-20.8-3. Practice of massage -- Licensed required -- Use of title limited --

Qualifications for licenses continuing education -- Fees. -- (a) A person shall not practice or

hold himself or herself out to others as practicing massage therapy, or as a massage therapist

without first receiving from the board a license to engage in that practice.

      (b) A person shall hold himself or herself out to others as a massage therapist when the

person adopts or uses any title or description including "massage therapist," "masseur,"

"masseuse," "massagist," "massotherapist," "myotherapist," "body therapist," "massage

technician," "massage practitioner," or any derivation of those terms that implies this practice.

      (c) It shall be unlawful to advertise the practice of massage using the term massage or

any other term that implies a massage technique or method in any public or private publication or

communication by a person not licensed by the state of Rhode Island department of health as a

massage therapist. Any person who holds a license to practice as a massage therapist in this state

may use the title "licensed massage therapist" and the abbreviation "LMT." No other persons may

assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate

that the person using the title is a licensed massage therapist. A massage therapist's name and

license number must conspicuously appear on all of the massage therapist's advertisements. A

massage therapist licensed under this chapter must conspicuously display his or her license in his

or her principal place of business. If the massage therapists does not have a principal place of

business or conducts business in any other location, he or she must have a copy of his or her

license available for inspection while performing any activities related to massage therapy.

      (d) (1) The board shall, by rule, establish requirements for continued education. The

board may establish such requirements to be completed and verified biennially or annually. The

board shall require no more than twelve (12) hours biennially or six (6) hours annually.

      (2) Applicants for biennial licensure renewal shall meet continuing education

requirements as prescribed by the board. On application for renewal of license, massage

therapists shall attest to completion of six (6) hours annually in scope of practice-specific

offerings that may include, but not be limited to:

      (i) Formal presentations;

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      (ii) Conferences;

      (iii) Coursework from a regionally accredited college/university; and/or

      (iv) Self-study course, such as online courses awarding one education hour for each hour

completed.

      Such programs or offerings shall be approved or sponsored by a board-approved

organization. The board shall require no more than two (2) hours of ethics or standards of practice

biennially.

      (3) A licensee who fails to complete the continuing education requirements described

herein may be subject to disciplinary action pursuant to § 5-40-13 of this chapter.

      (4) A license may be denied to any applicant who fails to provide satisfactory evidence

of completion of continuing education relevant to massage therapy as required herein.

      (5) The board may waive the requirement for these educational requirements if the board

is satisfied that the applicant has suffered hardship, which may have prevented meeting the

educational requirements.

      (e) The fee for original application for licensure as a massage therapist and for annual

license renewal shall be as set forth in § 23-1-54. Fees for all other licenses under this chapter

shall be fixed in an amount necessary to cover the cost of administering this chapter.

      (f) Any person applying for a license under this chapter shall undergo a criminal

background check. Such persons shall apply to the bureau of criminal identification of the state

police or local police department for a nationwide criminal records check. Fingerprinting shall be

required. Upon the discovery of any disqualifying information as defined in subsection (g), the

bureau of criminal identification of the state police or the local police department shall inform the

applicant, in writing, of the nature of the disqualifying information and, without disclosing the

nature of the disqualifying information, shall notify the board, in writing, that disqualifying

information has been found. In those situations in which no disqualifying information has been

found, the bureau of criminal identification shall inform the applicant and the board in writing of

this fact. An applicant against whom disqualifying information has been found may request that a

copy of the criminal background report be sent to the board, which shall make a judgment

regarding the licensure of the applicant. The applicant shall be responsible for payment of the

costs of the criminal records check.

      (g) "Disqualifying information" means those offenses, including, but not limited to,

those offenses defined in sections 11-37, 11-37-8.1, 11-37-8.3, 23-17-37, 11-34 and 11-34.1.

chapters 34, 34.1, and 37 of title 11, and §23-17-37.

     (h) Notwithstanding the above, any city or town may, by ordinance, regulate the opening,

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the presence, the location, and the operation of any body works business or any business

providing body works services. Provided, however, no ordinance may impose additional

qualifications beyond those adopted by the department of health pursuant to this chapter

respecting criminal background checks for persons applying for a license.

     23-20.8-6. Suspension and revocation of licenses. -- Whenever the board, or board

designee, or any city or town licensing authority shall have reason to believe or that any person

licensed under this chapter to practice massage therapy has been convicted of any sexual offense,

or that any person is practicing massage in violation of this chapter or regulations promulgated

under this chapter, the board, or board designee, or any city or town licensing authority may,

pending an investigation and hearing, suspend for a period not exceeding ninety (90) days any

license issued under authority of this chapter and may, after due notice and hearing, revoke the

license if he or she finds that the person practicing massage is in violation of those rules and

regulations or any provision of this chapter. The holder of a license shall upon its revocation

promptly surrender it to the board, or board designee or any city or town licensing authority.

     23-20.8-7. Judicial review of license action. -- Any person aggrieved by a decision of

the board, or board designee or any city or town licensing authority refusing to grant an

application for a license under this chapter or suspending or revoking any license already issued

may, within thirty (30) days, exclusive of Sundays and holidays, after receiving notice of that

decision or order of the boards, administrator of professional regulation or director department of

health may be taken by an aggrieved party to the superior court in the manner provided for in

chapter 35 of title 42.

     23-20.8-10. Enforcement. -- Except for the provisions of § 23-20.8-11 this chapter shall

be enforced by the director of health or any city or town licensing authority.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- BODY WORKS SERVICES

ESTABLISHMENTS

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     This act would enable any city or town by ordinance to regulate the opening of, the

presence of, the location, and the operation of any body works business or any business providing

body works services, within the municipality.

     This act would take effect upon passage.

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