Chapter 140 |
2019 -- S 0576 SUBSTITUTE A AS AMENDED Enacted 07/08/2019 |
A N A C T |
RELATING TO HEALTH AND SAFETY - LICENSING OF MASSAGE THERAPISTS |
Introduced By: Senator Joshua Miller |
Date Introduced: March 14, 2019 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 23-20.8-1, 23-20.8-2.1, 23-20.8-3, 23-20.8-4, 23-20.8-5, 23-20.8-9 |
and 23-20.8-11 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) "Board" means the Rhode Island State Board of Licensed Massage Therapists as |
established within this chapter. |
(2) "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. |
(3) “Continuing education” means a course of study subsequent to the completion of, and |
in addition to, an approved entry-level program of massage therapy education. |
(4) “Continuing education units” means an instructional period of at least fifty (50) |
continuous minutes per hour in a recognized or approved course. |
(5) “Massage” means the systematic and scientific manipulation of the soft tissues of the |
body accomplished by the use of digits, hands, forearms, elbows, knees, or feet, hand-held tool, |
or other external apparatus. Massage may include the use of topical applications. |
(3)(6) "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. |
(4)(7) "Practice of massage" "Massage therapy" 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 is required by law. use of massage for therapeutic purposes, |
including, but not limited to: pain management, stress reduction, promotion of relaxation, and |
enhancement of general health and well-being. Massage therapy includes, but is not limited to, |
manipulation of soft tissue and normal movement of the body to develop an appropriate massage |
therapy session and the delivery of self-care and health maintenance information. Massage |
therapy does not encompass: |
(1)(i) Diagnosis; |
(2)(ii) The prescribing of drugs or medicines; |
(3)(iii) Spinal manipulation; and |
(4)(iv) Any service or procedure for which a license or registration is required by law, |
including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy, |
occupational therapy, nutrition, psychotherapy, behavioral health services, or podiatry. |
(8) “Practice of massage therapy” means, the exchange of massage therapy services for |
currency, goods, or services. |
(9) “Topical applications” means but is not limited to, lubricants, emollients, non- |
prescription analgesics, and the use of heat and cold. |
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 Rhode Island state board of licensed massage |
therapists appointed by the director of the department of health with the approval of the governor. |
Composition of board members: The board shall consist of seven (7) members who reside in the |
state of Rhode Island,. At all times at least four (4) members shall be massage therapists in good |
standing, and shall have engaged in the practice of massage therapy for not less than five (5) |
years. of whom shall be licensed pursuant to this chapter and one of whom One member shall be |
a member of the general public, and who does not have financial interest in the profession, or is |
married to or in domestic partnership with 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 a 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. All terms shall be for two (2) years. 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 elect, at its first meeting of the calendar year, from its members a |
chair and such other officers as it deems appropriate and necessary to conduct business. The chair |
shall preside at meetings of the board and shall be responsible for the performance of all duties |
and functions of the board and shall perform those duties customarily associated with the position |
in addition to other duties assigned by the board. The board shall designate a member to serve in |
the absence of the chair. |
(d) The chair and any other officer shall serve a term of one year commencing with the |
day of his or her election and ending upon the election of his or her successor. |
(d)(e) 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. |
(f) A board member may be suspended or removed by the director of the department of |
health for unprofessional conduct,; refusal or inability of a board member to perform his or her |
duties as a member of the board in an efficient, responsible, and professional manner,; conviction |
of a felony or of a crime related to the practice of the health care healthcare profession,; failure |
to meet the qualifications of this statute,; or committing any act prohibited by this statute. |
(g) Members of the board shall not receive compensation for their attendance at official |
meetings of the board, or attendance at any meeting that would constitute official board business, |
including teleconference calls or other board responsibilities. |
(c)(h) 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. The chair of the board shall have the authority to call other meetings at his or her |
discretion. |
(i) The board may appoint such committees as it considers necessary to carry out its |
duties. |
(j) A quorum shall be necessary to conduct official board business or any committee |
thereof. A majority of the members shall constitute a quorum. The board may enter into executive |
(closed) session according to relevant law. |
23-20.8-3. Practice of massage -- License required -- Use of title limited -- |
Qualifications for licenses continuing education -- FeesPractice of massage therapy -- |
License 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 therapy using the term |
massage therapy, 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 this 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 print and electronic material. A massage therapist licensed under this |
chapter must conspicuously display his or her have available his or her license in his or her |
principal place all places of business practice. If the massage therapist 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 continuing |
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 |
continuing education units annually. |
(2) Applicants for biennial annual 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 continuing education units 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 massage school or program, accredited |
college/university; and/or |
(iv) Self-study course, such as online courses awarding one education hour for each hour |
completed or online coursework. |
Such The 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. |
(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 continuing |
education if the board is satisfied that the applicant has suffered hardship, which that 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 national criminal |
background check. Such persons shall apply to the bureau of criminal identification of the state |
police or local police department for a nationwide national criminal records background 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 national 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 national criminal records |
background check. |
(g) "Disqualifying information" means those offenses, including, but not limited to, those |
offenses defined in 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, |
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 national criminal background checks for persons applying for a license. |
23-20.8-4. Establishment -- Board of massage therapists -- Powers and duties. |
Subject to the provisions of this chapter, the board shall have the following powers and |
duties authority to implement, interpret, and enforce this statute including, but not limited to, the |
authority to: |
(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 administrative procedures act and promulgated in |
accordance with state law; |
(2) Evaluate the qualifications of applicants for licensure; |
(3) Assess entry-level competence through the use of an examination approved by the |
board; |
(4) Recommend the issuing or renewal of a license to applicants or licensed massage |
therapists who meet the qualifications of the statute and all rules applicable to this chapter as |
promulgated by the board; |
(2)(5) Establish and enforce standards of professional and ethical conduct for licensed |
massage therapists; |
(3)(6) Adopt rules that endorse equivalent licensure examinations of another state or |
territory of the United States, the District of Columbia, or a foreign country and that may include |
licensure by reciprocity; hold hearing hearings, as necessary, in accordance with the |
Administrative Procedures Act administrative procedures act.; |
(4)(7) 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. |
(8) The board will make an annual report to the governor that shall contain duties |
performed, actions taken, and appropriate recommendations.; |
(9) Consult The board will 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.; |
(10) Upon receipt of a complaint, the department of health shall authorize the |
investigation of any allegations of wrongdoing undertaken by any person, entity, license or |
organization related to the practice of massage therapy.; |
(11) The board shall review investigative reports deemed necessary by the director and |
make appropriate recommendations to the director for action including, but not limited to, |
issuance of a letter of concern or warning of the possible infraction of this statute; issuance of a |
letter initiating a ten-(10) day (10) corrective action period allowing the person practicing to |
address an infraction; suspension for a period not to exceed ninety (90) days of any license issued |
under the authority of this chapter; and may, after due notice and hearing, revoke the license if it |
is found that the person practicing massage therapy 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 its designee. |
23-20.8-5. Application for license -- Issuance or denial of license -- Minimum |
qualifications. |
(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 that he or she is: |
(1) Over Is over eighteen (18) years of age; |
(2) Of good moral character (via background check Has submitted to a national criminal |
background check in accordance with § 23-20.8-3); |
(3) Has successfully completed an educational program, meeting minimum requirements |
established by the board, including at least five hundred (500) six hundred fifty (650) hours of |
supervised 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 |
subsections (a)(1) and (a)(2) § 23-20.8-5(a), 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 United States or by a |
foreign country. |
(c) The department shall, within sixty (60) days from the time any application for a |
license is received, grant the applications application and issue a license to practice massage |
therapy 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 national |
criminal records background 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) department of health. |
23-20.8-9. Persons exempt. |
Nothing contained in this chapter shall prohibit: |
(1) A person who is otherwise licensed, certified, or registered in accordance with the |
general laws of Rhode Island, from performing service within his/her his or her authorized scope |
of practice and who does not hold himself/herself out to be a massage therapist. |
(2) A person duly licensed, certified, or registered in nonresident massage therapist |
holding a valid license, permit, certificate, or registration issued by another state or territory of the |
United States, the District of Columbia, 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 officials. |
(3) Nonresident practitioners A nonresident massage therapist holding a valid license, |
permit, certificate, or registration issued by any other state or territory of the United States, the |
District of Columbia, or by a foreign country and temporarily practicing massage therapy 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) Graduates A graduate 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) Persons A massage therapist who provide provides acceptable evidence of being |
currently licensed to practice massage therapy by examination or endorsement under the laws of |
other states or territories of the United States, and the District of Columbia, or by a foreign |
country have has a grace period of forty-five (45) days from the date on 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) A nonresident massage therapist holding a valid license, permit, certificate, or |
registration issued by any other state or territory of the United States, the District of Columbia, or |
by a foreign country when in this state as part of a charity/event where massage is appropriate. |
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/rs or somatic education, the Rolf Institute's |
Rolf Movement Integration, the Trager Approach/rs to movement education, and Body-Mind |
Centering/rs. 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/rs, 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. |
23-20.8-11. Penalties. |
(a) Any person who practices massage therapy or acts in any capacity where a license is |
required by this chapter, without a license provided for in this chapter, shall be guilty of a |
misdemeanor and subject to a fine of up to one thousand dollars ($1,000) or thirty (30) days in |
jail. |
(b) Any owner, operator, manager, or licensee in charge of or in control of a massage |
therapy establishment practice who knowingly employs a person who is not licensed as a massage |
therapist, or who allows an unlicensed person to perform, operate, or practice massage therapy is |
guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) and thirty |
(30) days in jail. |
(c) The practice of massage therapy by a person without a license issued under this |
chapter is declared to be a danger to the public health and welfare. In addition to any other civil, |
criminal, or disciplinary remedy, the attorney general or prosecuting attorney of any municipality |
where the person is practicing, or purporting to practice, may maintain an action to enjoin that |
person from practicing massage therapy until this person secures a valid license. |
(d) [Deleted by P.L. 2008, ch. 100, art. 6, § 1]. |
SECTION 2. This act shall take effect upon passage. |
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LC001511/SUB A |
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