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| PRIOR PRINTER'S NO. 1115 | PRINTER'S NO. 1309 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON AND BOSCOLA, JUNE 5, 2009 |
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| AS AMEDED ON THIRD CONSIDERATION, JULY 14, 2009 |
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| AN ACT |
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1 | Amending the act of October 9, 2008 (P.L.1438, No.118), entitled |
2 | "An act regulating massage therapy; establishing the State |
3 | Board of Massage Therapy; providing for funds, for licensure, |
4 | for disciplinary action, for remedies, for penalties and for |
5 | preemption," further providing for qualification for |
6 | licensure and for other professions. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 5 and 13 of the act of October 9, 2008 |
10 | (P.L.1438, No.118), known as the Massage Therapy Law, are |
11 | amended to read: |
12 | Section 5. Qualification for licensure. |
13 | (a) Applicants.--An applicant shall be considered to be |
14 | qualified for a license if the applicant submits proof |
15 | satisfactory to the board of all of the following: |
16 | (1) The applicant is of good moral character. |
17 | (2) The applicant has a high school diploma or its |
18 | equivalent. |
19 | (3) The applicant has completed a massage program of at |
20 | least 600 hours of in-class, postsecondary education |
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1 | instruction approved by the [State Board of Private Licensed |
2 | Schools] board at a regionally accredited college or |
3 | university, Pennsylvania private licensed school or its |
4 | equivalent as determined by the board. The program under this |
5 | paragraph must include training in the human immunodeficiency |
6 | virus and related risks and training in cardiopulmonary |
7 | resuscitation. |
8 | (4) The applicant has passed an examination under |
9 | section 7. |
10 | (5) The applicant has paid a fee as established by the |
11 | board by regulation. |
12 | (6) The applicant has not been convicted of a felony |
13 | under the act of April 14, 1972 (P.L.233, No.64), known as |
14 | The Controlled Substance, Drug, Device and Cosmetic Act, or |
15 | of an offense under the laws of another jurisdiction which, |
16 | if committed in this Commonwealth, would be a felony under |
17 | The Controlled Substance, Drug, Device and Cosmetic Act, |
18 | unless the following apply: |
19 | (i) At least ten years have elapsed from the date of |
20 | conviction. |
21 | (ii) The applicant satisfactorily demonstrates to |
22 | the board that the applicant has made significant |
23 | progress in personal rehabilitation since the conviction |
24 | and that licensure of the applicant should not be |
25 | expected to create a substantial risk of harm to the |
26 | health and safety of the applicant's clients or the |
27 | public or a substantial risk of further criminal |
28 | violations. |
29 | (iii) The applicant otherwise satisfies the |
30 | qualifications required under this act. |
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1 | (b) Existing practitioners.--The board shall issue a license |
2 | to an applicant who, on the effective date of this subsection, |
3 | complies with all of the following paragraphs: |
4 | (1) Is able to demonstrate that the applicant has |
5 | conducted a business and been an active participant in that |
6 | business which was mainly the practice of massage therapy. |
7 | (2) Meets the qualifications described in subsection (a) |
8 | (1), (2), (5) and (6). |
9 | (3) Complies with one of the following subparagraphs: |
10 | (i) Has been in active, continuous practice for at |
11 | least five years immediately preceding the effective date |
12 | of this section. |
13 | (ii) Has passed a massage therapy examination that |
14 | is part of a certification program accredited by the |
15 | National Commission for Certifying Agencies. |
16 | (iii) Has completed 500 hours of instruction in |
17 | massage and related subjects from a massage therapy |
18 | program approved by the [State Board of Private Licensed |
19 | Schools] board at a regionally accredited college or |
20 | university, Pennsylvania private licensed school or its |
21 | equivalent as determined by the board. |
22 | (iv) Has: |
23 | (A) passed the National Examination for State |
24 | Licensure (NESL) offered through the National |
25 | Certification Board for Therapeutic Massage and |
26 | Bodywork (NCBTMB); and |
27 | (B) completed 100 hours of instruction in |
28 | massage and related subjects. |
29 | (v) Has: |
30 | (A) passed the Massage and Bodywork Licensure |
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1 | Examination (MBLEx) offered through the Federation of |
2 | State Massage Therapy Boards (FSMTB); and |
3 | (B) completed 100 hours of instruction in |
4 | massage and related subjects. |
5 | (c) Temporary practice permit.-- |
6 | (1) The board may issue a temporary practice permit to |
7 | an applicant in order to permit the applicant to practice |
8 | massage therapy during the six-month period after completion |
9 | of the applicant's education program. |
10 | (2) The temporary practice permit issued under paragraph |
11 | (1) shall be nonrenewable and shall expire on the earlier of: |
12 | (i) six months from the date of issuance; or |
13 | (ii) the date the applicant fails the licensing |
14 | examination. |
15 | (d) Transferability.--A license and a temporary practice |
16 | permit are not transferable. |
17 | Section 13. Other professions. |
18 | Nothing in this act shall be construed as preventing, |
19 | restricting or requiring licensure of any of the following |
20 | activities: |
21 | (1) The practice of a profession by an individual who is |
22 | licensed, certified or registered by a Commonwealth agency |
23 | under other law and who is performing services or advertising |
24 | within the authorized scope of practice. |
25 | (2) The practice of massage therapy by an individual |
26 | employed by the Federal Government while the individual is |
27 | engaged in the performance of duties under Federal law. |
28 | (3) A student enrolled in a massage therapy education |
29 | program who is: |
30 | (i) conducting massage therapy activities under the |
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1 | supervision of: |
2 | (A) a licensee; or |
3 | (B) instructors or supervisors who meet the |
4 | licensing criteria of the Department of Education or |
5 | the board; and |
6 | (ii) enrolled in a [school approved by the |
7 | Department of Education or by the board] program approved |
8 | by the board at a regionally accredited college or |
9 | university or Pennsylvania private licensed school or its | <-- |
10 | equivalent as determined by the board. |
11 | (4) The practice by an individual while performing |
12 | reflexology. |
13 | (5) The practice of an individual who uses touch, words |
14 | and directed movement to deepen awareness of existing |
15 | patterns of movement in the body and to suggest new |
16 | possibilities of movement, while engaged within the scope of |
17 | practice of a profession with established standards and |
18 | ethics. |
19 | (6) The practice of an individual who uses touch to |
20 | affect the energy systems, acupoints, Qi meridians or |
21 | channels of energy of the human body while engaged within the |
22 | scope of practice of a profession with established standards |
23 | and ethics. Such practices include acupressure, Asian |
24 | bodywork therapy, polarity therapy bodywork, quigon, reiki, |
25 | shiatsu and tui na. |
26 | Section 2. This act shall take effect in 60 days. |
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