Chapter 165
2013 -- S 0648 SUBSTITUTE A AS
AMENDED
Enacted 07/11/13
A N A C T
RELATING TO
HEALTH AND SAFETY -- LICENSING OF MASSAGE THERAPISTS
Introduced By: Senators Lynch, and Doyle
Date Introduced: March 06, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 23-20.8-1 of the General Laws in Chapter
23-20.8 entitled
"Licensing of Massage
Therapy Establishments" is 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 who has
completed a program in or is certified by a school or
institution of learning which is approved by
the American massage and therapy association or
equivalent academic and training program
approved by the director of health, other than a
correspondence course, which school or
institution has for its purpose the teaching of the theory,
practice, method, profession, or work of
massage, including at least anatomy, physiology, hygiene, and
professional ethics.
(2) "Physical
fitness facility" means any bona fide health club which offers or provides
facilities for any instruction in controlled exercise, weight
lifting, and calisthenics and its gross
income from massages is less than ten percent (10%) of the
total gross business income derived
from all physical fitness sales contracts at any one
location;
(3)(2)
"Practice of massage" means engaging in applying a scientific
system of activity to
the muscular structure of the human body by means of
stroking, kneading, tapping, and vibrating
with the hands or vibrators for the purpose of improving muscle
tone and circulation. 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
established within this chapter.
SECTION 2. Chapter 23-20.8 of the General Laws entitled
"Licensing of Massage
Therapy
Establishments" is hereby amended by adding thereto the following section:
23-20.8-2.1. Board
of massage therapists. – (a) Within the
division of professional
regulation of the department of health, there shall be a state
board of massage therapy examiners
to be appointed by the director of the department of
health with the approval of the governor. The
board shall consist of seven (7) members who reside in the
state of
whom shall be licensed pursuant to this chapter and one of
whom shall be a member of the
general public, and who does not have financial interest in
the profession, or is married to
someone in the profession. At no time shall more than one
board member be an owner of, an
instructor of, or otherwise affiliated with a board-approved
massage therapy school or course of
instruction. The four (4) members who are licensed pursuant to
this chapter shall represent both
solo practitioners as well as members of a group practice.
(b) The initial board
shall be appointed for staggered terms, the longest of which shall not
exceed three (3) years. After the initial appointments, all
terms shall be for two (2) years and a
member may be reappointed for a second (2nd) term. No member
shall serve more than three (3)
consecutive terms. Upon the death, resignation or removal of any
member, the director of the
department of health, with the approval of the governor, shall
appoint to fill vacancies, as they
occur, a qualified person to serve on the board for the
remainder of his or her term or until his or
her successor is appointed and qualified.
(c) The board shall
meet at least quarterly thereafter, shall hold a meeting and elect a
chairman. The board may hold additional meetings at the call
of the chair or at the written request
of any three (3) members of the board. The board may
appoint such committees as it considers
necessary to carry out its duties. A majority of the sitting
members of the board shall constitute a
quorum.
(d) The director of
the department of health may remove any member of the board for the
neglect of any duty required by law or for any incompetent,
unprofessional, or dishonorable
conduct. Before beginning his or her term of office, each
member shall take the oath prescribed
by law, a record of which shall be filed with the
secretary of state.
SECTION 3. Sections 23-20.8-3, 23-20.8-4, 23-20.8-5,
23-20.8-6, 23-20.8-7, 23-20.8-9,
and 23-20.8-10 of the General Laws in Chapter 23-20.8
entitled "Licensing of Massage Therapy
Establishments" are
hereby amended to read as follows:
23-20.8-3. Practice
of massage -- Use of titles limited -- Qualifications for licenses –
Fees Practice of massage – Licensed required – Use of title limited --
Qualifications for
licenses continuing education – Fees. -- (a) Only a person
licensed under this chapter shall
practice massage. 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) Only a person licensed
under this chapter as a massage therapist may use the title
"massage
therapist." Only a person licensed under this chapter may use the title
"masseur" or
"masseuse." 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) No person, firm,
partnership, or corporation shall describe its services under the title
"massage" or
"massage therapy" unless these services, as defined in section
23-20.8-1, are
performed by a person licensed to practice massage under this
chapter, and, if described as
"massage therapy,"
by a massage therapist. 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) Application for
licenses as a masseur or masseuse, or as a massage therapist, shall be
issued by the department of health. Except for persons
licensed as massage therapists, the
department shall establish minimum educational and training
requirements for the persons to be
licensed under this chapter and shall have the authority to
take disciplinary action against a
licensee for knowingly placing the health of a client at
serious risk without maintaining the proper
precautions.
(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;
(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
section 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 section 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 section 23-20.8-5
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.
23-20.8-4. Establishment
of rules and regulations – Hearings Establishment – Board
of massage therapists—Powers and duties. -- (a) The authority to
promulgate regulations for
the efficient enforcement of this chapter is vested in
the director of health.
(b) Hearings
authorized or required under this chapter shall be conducted by the director
of health or any officer, agent, or employee as the
director of health may designate for this
purpose.
(c) Before
promulgating any regulation, the director of health shall give appropriate
public notice of its proposal and the time and place for a
public hearing on this regulation. The
regulation promulgated shall be filed with the office of the
secretary of state and shall become
effective on a date fixed by the director of health (which date
shall not be prior to thirty (30) days
after its promulgation). The regulation may be amended or
repealed in the same manner as is
provided for in its adoption.
Subject to the provisions
of this chapter, the board shall have the following powers and
duties:
(1) Adopt rules and
regulations governing the licensure of massage therapists in a manner
consistent with the provisions of this chapter and in accordance
with the procedures outlined in
the Administrative Procedures Act;
(2) Establish
standards of professional and ethical conduct;
(3) Adopt rules that
endorse equivalent licensure examinations of another state or
territory of the
licensure by reciprocity; hold hearing, as necessary, in
accordance with the Administrative
Procedures Act.
(4) Maintain a
complete record of all licensed massage therapists, ensure licensee
compliance with all established requirements. The board will
make an annual report to the
governor which shall contain duties performed, actions taken
and appropriate recommendations.
Consult and advise other regulatory entities as
necessary regarding issues pertaining to massage
therapy practice, education and/or issues related to the
regulation of massage therapists.
23-20.8-5. Issuance
or denial of license -- Minimum qualifications Application for
license -- Issuance or denial of license -- Minimum
qualifications. -- The
director shall, within
thirty (30) days from the time any application for a license
is received, grant the application and
issue a license to practice massage for a year from that
date, if the director shall be satisfied that
the applicant complies with the rules and regulations
promulgated in accordance with sections 23-
20.8-3 and 23-20.8-4,
establishing standards for the qualifications of these personnel. The
standards for qualification of persons practicing massage shall
include provisions for minimum
standards of professional education or experience, as
determined by the director. The director
may provide for the examination of these applicants to
determine his or her qualifications. An
applicant, whose criminal records check reveals a conviction
for any sexual offense, including,
but not limited to, those offenses defined in chapters 34
and 37 of title 11, shall be denied a
license under this chapter.
(a) Every person
desiring to begin the practice of massage therapy, except exempt
persons as provided in this chapter, shall present
satisfactory evidence to the division of
professional regulation of the department of health, verified by
oath, that he or she is:
(1) Over eighteen
(18) years of age;
(2) Of good moral
character (via background check in accordance with section 23-20.8-
3);
(3) Has successfully
completed an educational program, meeting minimum requirements
established by the board, including at least five hundred (500)
hours of in-class, hands-on and
supervised coursework and clinical work; and
(4) Has successfully
completed an examination approved by the board. Any examination
approved by the board must meet generally recognized standards
including development through
the use of a job-task analysis and must meet appropriate
psychometric standards.
(b) The department
may grant a license to any applicant satisfying the requirements of
subdivisions 23-20.8-5(a)(1) and (2), has completed all
appropriate forms, paid all appropriate
fees and has met substantially equivalent standards in
obtaining a valid license, permit, certificate
or registration issued by any other state or territory
of the
(c) The department
shall, within sixty (60) days from the time any application for a
license is received, grant the applications and issue a
license to practice massage for a year from
that date if the department is satisfied that the
applicant complies with the rules and regulations
promulgated in accordance with this chapter. An applicant, whose
criminal records check reveals
a conviction for any sexual offense, including, but not
limited to, those offenses defined in
chapters 34 and 37 of title 11, shall be denied a license
under this chapter.
(d) The fee for
original application for licensure as a massage therapist and the fee for
annual license renewal shall be determined by the board and
shall not exceed one hundred dollars
($100).
23-20.8-6.
Suspension and revocation of licenses. -- Whenever
the director board, or
board designee,
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
director board, or board designee, may, pending an
investigation and hearing, suspend for a
period not exceeding thirty (30) 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 director board, or
board designee,.
23-20.8-7. Judicial review of license action. -- Any person
aggrieved by a decision of
the director board, or board designee
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, appeal to the superior
court for the counties of
and the court shall, as soon as possible after any notice
to the director as the court may prescribe,
hear and determine the appeal, following the course of
equity. 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.
23-20.8-9. Persons
exempt. -- Nothing contained in this chapter shall prohibit:
(1) The practice of
massage by any person who is authorized to practice
medicine,
nursing, osteopathy, physiotherapy, chiropractic, or podiatry
in this state A person who is
otherwise licensed certified or registered in accordance with
the general laws of
from performing service within his/her or authorized scope
of practice and who does not hold
himself/herself out to be a massage therapist.
(2) The practice of
that massage which is customarily given in barber shops or beauty
parlors for the purpose of beautification by any licensed
barber, hairdresser, or cosmetician A
person duly licensed, certified, or registered in another
state or territory, the
or a foreign country when incidentally in this state to
provide service as part of an emergency
response team working in conjunction with disaster relief
official or as part of a charity event.
(3) The practice of
massage by any person employed in a medical institution licensed or
chartered by the state or enrolled in a program of a school or
institute of massage approved by the
board of regents Nonresident
practitioners holding a valid license, permit, certificate or
registration issued by any other state or territory of the
temporarily practicing massage in this state for a period not
exceeding thirty (30) days for the
purpose of presenting educational or clinical programs,
lectures, seminars or workshops to
massage therapists.
(4) The practice of
massage by any person duly employed as a trainer by a professional
athletic association, club, or team, or as a member of the physical
education department of an
accredited university, college, or high school Graduates from an approved educational program,
may practice massage therapy only under the supervision
of one, assigned, onsite licensed
massage therapist. Graduates have ninety (90) days from the
date on the application fee receipt, to
meet licensure requirements of this state in accordance
with regulations prescribed by the board.
(5) The practice of
massage by any person in a physical fitness facility operated by a
corporation or association organized exclusively for the moral or
mental improvement of men,
women, or children.
Persons who provide acceptable evidence of being currently licensed to
practice massage by examination or endorsement under the laws
of other states of the United
States and the
the application fee receipt to meet licensure
requirements of this state in accordance with
regulations prescribed by the board. The original privilege to
work forty-five (45) days from the
date on the application fee receipt shall not be extended
or renewed.
(6) Nothing in the
article shall be construed to prevent or restrict the practice of any
person in this state who uses touch, words and directed
movement to deepen awareness of
existing patterns of movement in the body as well as to
suggest new possibilities of movement
while engaged within the scope of practice of a profession
with established standards and ethics,
provided that his or her services are not designated or
implied to be massage or massage therapy.
Such practices include, but are not limited to, the Feldenkrais Method® or somatic education, the
Rolf Institute’s Rolf Movement Integration, the Trager Approach® to movement education, and
Body-Mind Centering®. Practitioners must be recognized by or meet the
established standards of
either a professional organization or credentialing agency
that represents or certifies the
respective practice based on a minimal level of training,
demonstration of competency and
adherence to ethical standards.
(7) Nothing in the
section shall be construed to prevent or restrict the practice of any
person in this state who uses touch to affect the energy
systems, acupoints or Qi
meridians
(channels of energy) of the
human body while engaged within the scope of practice of a
profession with established standards and ethics, provided that
his or her service is not designated
or implied to be massage or massage therapy. Such
practices include, but are not limited to,
Polarity, Polarity Therapy, Polarity Bodywork Therapy,
Rosen Method, Asian Bodywork
Therapy, Acupressure, Jin Shin
Do®, Qi Gong, Reiki and Shiatsu. Practitioners must be
recognized by or meet the established standards of either a
professional organization or
credentialing agency that represents or certified the respective
practice based on a minimal level
of training, demonstration of competency and adherence
to ethical standards.
23-20.8-10.
Enforcement. -- Except for the provisions of section23-20.8-11
section 23-
20.8-11 this
chapter shall be enforced by the director of health.
SECTION 4. Section 23-20.8-8 of the General Laws in Chapter
23-20.8 entitled
"Licensing of Massage Therapy
Establishments" is hereby repealed.
23-20.8-8.
Access and inspection powers. -- For
the purpose of this chapter, the director
or his or her duly authorized agents or employees shall
at all reasonable times have authority to
enter upon any and all parts of the premises on which any
massage therapy establishment is
located and of the premises appurtenant to these premises to
make any examination or
investigation for the purpose of determining whether the provisions
of this chapter and any rules
or regulations of the department are being violated.
SECTION 5. The title of Chapter 23-20.8 of the General Laws
entitled "LICENSING
OF MASSAGE THERAPY
ESTABLISHMENTS" is hereby amended to read as follows:
CHAPTER
23-20.8
Licensing
of Massage Therapy Establishments
LICENSING
OF MASSAGE THERAPISTS
SECTION 6. This act shall take effect upon passage.
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