SB 388

This bill makes a number of changes to the regulation of massage therapists

and bodyworkers.

Under current law, a person may be certified as a massage therapist or

bodyworker by the Department of Regulation and Licensing (department). The

department is served in an advisory capacity by the Massage Therapy and Bodywork

Council, which reviews and may comment on any rules proposed by the department.

The council consists of seven members who are certified as massage therapists or

bodyworkers.

The bill creates a Massage Therapy and Bodywork Therapy Examining Board

(board) in the department and transfers rule-making powers to the board. The bill

directs the board to license, not certify, persons who fulfill the requirements for

licensure as massage therapists or bodyworker therapists. The bill also permits the

board to grant a temporary license to practice massage therapy or bodywork therapy

for a period not to exceed six months, and requires the board to establish

requirements for temporary licensure by rule.

This bill changes uses of the term, "massage therapy or bodywork," to "massage

therapy" or "bodywork therapy," and changes uses of the term, "bodyworker," to

"bodywork therapist."

The bill requires one of the seven members of the board to be a representative

of a massage therapy or bodywork therapy school approved by the Educational

Approval Board, and one member of the board to be a representative of a massage

therapy or bodywork therapy program offered by a technical college in this state. No

other members of the board may be affiliated with a massage therapy or bodywork

therapy school or program. The bill also requires one member of the board to be a

member of the public.

Current law prohibits a person who is not certified by the department from

designating himself or herself as a massage therapist or bodyworker or using any

title that represents that he or she is certified. With one exception noted below, this

bill permits persons who are exempt from the licensing requirement to use the terms,

"bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

The bill also creates the following two new exemptions from the licensing

requirement:

1. A person who manipulates only the soft tissue of the hands, feet, and ears.

Persons who fall under this exemption may not represent or imply that their services

are massage therapy or bodywork therapy.

2. A person whose practice involves the use of touch or touch and movement

to assist and bring body awareness to his or her clients and who is recognized by a

professional organization or credentialing association after that person has

demonstrated an adequate level of training and competency.

Under current law, an applicant for certification must have passed an