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THE HISTORY OF THE BILL ~ ABMP Legislative Report
SOURCE: http://www.mass.gov/legis/184history/s02258.htm
4/20/05: Legislation to regulate the massage therapy profession in MA has been re-introduced again in 2005. The House Bill, which is a continuation of previous years’ HB 4668 and 3155, was submitted in
December but only recently was identified online as House Bill 3412.
A coalition of interested parties worked on a legislative proposal in 2003 and 2004. Les Sweeney, ABMP Exec. V.P., represented ABMP in that activity. Other groups participating were the MA
chapter of the American Massage Therapy Assoc., along with representatives from a coalition of massage and bodywork schools in the state. The state chapter of the AMTA hired a lobbyist to work on the process.
This bill is the result of this process.
Senate Bill 205 has also been introduced, but will likely be pulled or amended to match the House Bill. Representative Antonio Cabral, the bill’s sponsor, made some specific amendments to the final proposal
last year that the coalition developed. It is this version that is now House Bill 3412. Specific highlights of the bill include:
Requirements for Licensure Completion of a course of study of a minimum of 500 classroom hours at a massage therapy program which has received programmatic approval from the Board and which has been
approved by the department of education; 2 letters of reference, 1 of which must be from an employer or professional in the massage or medical field; Proof of professional liability coverage; 24 hours of continuing
education will be required every two years in order to renew a license.
Board of Massage Will consist of 7 members: 3 massage therapists, 1 health agent, health professional, or board member employed by or elected to a municipal board of health in the state; 1 individual engaged in
the operation of a massage school; 2 members of the public
Exemptions: any person who uses touch, words, and directed movement to deepen awareness of patterns of movement in the body, or the
affectation of the human energy system or acupoints or Qi meridians of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are
not designated or implied to be massage or massage therapy. Such practices include, but are not limited to the Feldenkrais Method; Reflexology; The Trager Approach; Ayurvedic Therapies, Rolf Structural
Integration, Polarity or Polarity Therapy; Polarity Therapy Bodywork; Asian Bodywork Therapy that does not constitute massage as defined by this act; Acupressure; Jin Shin Do; Qi Gong; Shiatsu; Body-Mind Centering,
and Reiki.
Grandfathering provision Will be effective for 1 year after the effective date of the Board’s regulations. either: (a) provides documentation acceptable to the
Board demonstrating the applicant has provided at least 500 hours of massage to members of the public for compensation; or (b) has a license issued by the municipal board of health within the Commonwealth of
Massachusetts, the license being valid within two years of the date of application; or (c) provides proof of the successful passage of a board approved examination administered by a national organizational or board
accredited by the National Commission of Certifying Agencies and approved by the National Organization for Competency Assurance; and submits a completed application and pays the necessary licensing fee as established
by the Board; is of good moral character as reasonably and lawfully determined by the discretion of the Board; and provides proof of professional liability coverage.
12/28/04: As of press time, House Bill 4668 remains in the MA House, with a passage deadline of January 5, 2005. Further info will be provided in a subsequent issue of Different Strokes and here in our update
section.
10/29/03: House Bill 3155, a proposal to create statewide licensing for massage therapists, is currently under revision. ABMP is participating in a coalition working on a rewrite of the proposal. It is
anticipated that the bill will be resubmitted sometime in late Fall.
6/3/03: House Bill 3155 was read for the first time at a public hearing on May 28, 2003 after being introduced on January 1, 2003. Representative Antonio F. D. Cabral is the sponsor of the bill, which, if
adopted, would regulate the practice of massage therapy. The bill was referred to the Committee on Health Care.
Licensure qualification guidelines include a high school diploma or its equivalent and graduation from a school of massage therapy with a 500 hour program registered by the board, or its substantial equivalent.
Licensure applicants would be required to pass a written and practical examination. The board would conduct such examinations for all applicants at least twice annually.
Representative Cabral appears to be very open to suggested improvements to the bill. ABMP has been in touch with Rep. Cabral's office and has made recommendations to include grandfathering, modality exemptions and
preemption of local regulations.
Please email ann@abmp.com to have your email on file, since that is the quickest, most efficient way to contact you with legislative updates & meeting
notifications.
2/12/01: The General Laws of MA, CHAPTER 140, Section 51. Massage; baths. No person shall practice massage, or conduct an establishment for the giving of vapor, pool, shower or other baths for hire or reward,
or advertise or hold himself out as being engaged in the business of massage or the giving of said baths without receiving a license therefore from the board of health of the town where the said occupation is to be
carried on; provided, that a person licensed to massage or to conduct an establishment for the giving of vapor, pool, shower or other baths in any town may, at the request of a physician, attend patients in any other
town in the commonwealth without taking out an additional license.
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Martha Tierney, MscD, RMT, CHt Brighton, MA 02135 USA PH:
617-254-2244 