Pennsylvania Act 2009-45 — MASSAGE THERAPY LAW - QUALIFICATION FOR LICENSURE AND FOR OTHER PROFESSIONS

Act text

MASSAGE THERAPY LAW - QUALIFICATION FOR LICENSURE AND FOR OTHER
                               PROFESSIONS
                  Act of Sep. 18, 2009, P.L. 442, No. 45              Cl. 63
                             Session of 2009
                               No. 2009-45

     SB 925

                                  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 or its
            equivalent as determined by the board.
            (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.

     APPROVED--The 18th day of September, A. D. 2009.

     EDWARD G. RENDELL