THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TOMLINSON AND BOSCOLA, JUNE 5, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JUNE 5, 2009  

AN ACT

Amending the act of October 9, 2008 (P.L.1438, No.118), entitled

"An act regulating massage therapy; establishing the State

Board of Massage Therapy; providing for funds, for licensure,

for disciplinary action, for remedies, for penalties and for

preemption," further providing for qualification for

licensure and for other professions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 5 and 13 of the act of October 9, 2008

(P.L.1438, No.118), known as the Massage Therapy Law, are

amended to read:

Section 5.  Qualification for licensure.

(a)  Applicants.--An applicant shall be considered to be

qualified for a license if the applicant submits proof

satisfactory to the board of all of the following:

(1)  The applicant is of good moral character.

(2)  The applicant has a high school diploma or its

equivalent.

(3)  The applicant has completed a massage program of at

least 600 hours of in-class, postsecondary education

instruction approved by the [State Board of Private Licensed

Schools] board at a regionally accredited college or

university, Pennsylvania private licensed school or its

equivalent as determined by the board. The program under this

paragraph must include training in the human immunodeficiency

virus and related risks and training in cardiopulmonary

resuscitation.

(4)  The applicant has passed an examination under

section 7.

(5)  The applicant has paid a fee as established by the

board by regulation.

(6)  The applicant has not been convicted of a felony

under the act of April 14, 1972 (P.L.233, No.64), known as

The Controlled Substance, Drug, Device and Cosmetic Act, or

of an offense under the laws of another jurisdiction which,

if committed in this Commonwealth, would be a felony under

The Controlled Substance, Drug, Device and Cosmetic Act,

unless the following apply:

(i)  At least ten years have elapsed from the date of

conviction.

(ii)  The applicant satisfactorily demonstrates to

the board that the applicant has made significant

progress in personal rehabilitation since the conviction

and that licensure of the applicant should not be

expected to create a substantial risk of harm to the

health and safety of the applicant's clients or the

public or a substantial risk of further criminal

violations.

(iii)  The applicant otherwise satisfies the

qualifications required under this act.

(b)  Existing practitioners.--The board shall issue a license

to an applicant who, on the effective date of this subsection,

complies with all of the following paragraphs:

(1)  Is able to demonstrate that the applicant has

conducted a business and been an active participant in that

business which was mainly the practice of massage therapy.

(2)  Meets the qualifications described in subsection (a)

(1), (2), (5) and (6).

(3)  Complies with one of the following subparagraphs:

(i)  Has been in active, continuous practice for at

least five years immediately preceding the effective date

of this section.

(ii)  Has passed a massage therapy examination that

is part of a certification program accredited by the

National Commission for Certifying Agencies.

(iii)  Has completed 500 hours of instruction in

massage and related subjects from a massage therapy

program approved by the [State Board of Private Licensed

Schools] board at a regionally accredited college or

university, Pennsylvania private licensed school or its

equivalent as determined by the board.

(iv)  Has:

(A)  passed the National Examination for State

Licensure (NESL) offered through the National

Certification Board for Therapeutic Massage and

Bodywork (NCBTMB); and

(B)  completed 100 hours of instruction in

massage and related subjects.

(v)  Has:

(A)  passed the Massage and Bodywork Licensure

Examination (MBLEx) offered through the Federation of

State Massage Therapy Boards (FSMTB); and

(B)  completed 100 hours of instruction in

massage and related subjects.

(c)  Temporary practice permit.--

(1)  The board may issue a temporary practice permit to

an applicant in order to permit the applicant to practice

massage therapy during the six-month period after completion

of the applicant's education program.

(2)  The temporary practice permit issued under paragraph

(1) shall be nonrenewable and shall expire on the earlier of:

(i)  six months from the date of issuance; or

(ii)  the date the applicant fails the licensing

examination.

(d)  Transferability.--A license and a temporary practice

permit are not transferable.

Section 13.  Other professions.

Nothing in this act shall be construed as preventing,

restricting or requiring licensure of any of the following

activities:

(1)  The practice of a profession by an individual who is

licensed, certified or registered by a Commonwealth agency

under other law and who is performing services or advertising

within the authorized scope of practice.

(2)  The practice of massage therapy by an individual

employed by the Federal Government while the individual is

engaged in the performance of duties under Federal law.

(3)  A student enrolled in a massage therapy education

program who is:

(i)  conducting massage therapy activities under the

supervision of:

(A)  a licensee; or

(B)  instructors or supervisors who meet the

licensing criteria of the Department of Education or

the board; and

(ii)  enrolled in a [school approved by the

Department of Education or by the board] program approved

by the board at a regionally accredited college or

university or Pennsylvania private licensed school.

(4)  The practice by an individual while performing

reflexology.

(5)  The practice of an individual who uses touch, words

and directed movement to deepen awareness of existing

patterns of movement in the body and to suggest new

possibilities of movement, while engaged within the scope of

practice of a profession with established standards and

ethics.

(6)  The practice of an individual who uses touch to

affect the energy systems, acupoints, Qi meridians or

channels of energy of the human body while engaged within the

scope of practice of a profession with established standards

and ethics. Such practices include acupressure, Asian

bodywork therapy, polarity therapy bodywork, quigon, reiki,

shiatsu and tui na.

Section 2.  This act shall take effect in 60 days.