Interstate Massage Compact; create.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 833

AN ACT TO ENACT INTO LAW THE INTERSTATE MASSAGE COMPACT AND 1
PROVIDE THAT THE STATE OF MISSISSIPPI ENTERS THE COMPACT WITH 2
OTHER STATES THAT JOIN IN THE COMPACT; TO AMEND SECTIONS 73-67-7, 3
73-67-15, 73-67-17, 73-67-19, 73-67-21, 73-67-27, 73-67-29 AND 4
73-67-31, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS 5
OF THIS ACT; TO AMEND SECTION 73-67-35, MISSISSIPPI CODE OF 1972, 6
TO CORRECT THE HOURS NEEDED FOR IN CERTAIN SUBJECT AREAS OF THE 7
EDUCATIONAL REQUIREMENTS FOR MASSAGE THERAPY LICENSURE; AND FOR 8
RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. The Interstate Massage Compact is enacted into 11
law and entered into by this state with any and all states legally 12
joining in the Compact in accordance with its terms, in the form 13
substantially as follows: 14
INTERSTATE MASSAGE COMPACT 15
ARTICLE 1. 16
PURPOSE 17
The purpose of this Compact is to reduce the burdens on State 18
governments and to facilitate the interstate practice and 19
regulation of Massage Therapy with the goal of improving public 20
access to, and the safety of, Massage Therapy Services. Through 21
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this Compact, the Member States seek to establish a regulatory 22
framework which provides for a new multistate licensing program. 23
Through this additional licensing pathway, the Member States seek 24
to provide increased value and mobility to licensed massage 25
therapists in the Member States, while ensuring the provision of 26
safe, competent, and reliable services to the public. 27
This Compact is designed to achieve the following objectives, 28
and the Member States ratify the same intentions by subscribing 29
hereto: 30
1. Increase public access to Massage Therapy Services 31
by providing for a multistate licensing pathway; 32
2. Enhance the Member States' ability to protect the 33
public's health and safety; 34
3. Enhance the Member States' ability to prevent human 35
trafficking and licensure fraud; 36
4. Encourage the cooperation of Member States in 37
regulating the multistate Practice of Massage Therapy; 38
5. Support relocating military members and their 39
spouses; 40
6. Facilitate and enhance the exchange of licensure, 41
investigative, and disciplinary information between the Member 42
States; 43
7. Create an Interstate Commission that will exist to 44
implement and administer the Compact; 45
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8. Allow a Member State to hold a Licensee accountable, 46
even where that Licensee holds a Multistate License; 47
9. Create a streamlined pathway for Licensees to 48
practice in Member States, thus increasing the mobility of duly 49
licensed massage therapists; and 50
10. Serve the needs of licensed massage therapists and 51
the public receiving their services. 52
However, nothing in this Compact is intended to prevent a 53
State from enforcing its own laws regarding the Practice of 54
Massage Therapy. 55
ARTICLE 2. 56
DEFINITIONS 57
As used in this Compact, except as otherwise provided and 58
subject to clarification by the Rules of the Commission, the 59
following definitions shall govern the terms in the Compact: 60
1. "Active Military Member" means any person with 61
full-time duty status in the Armed Forces of the United States, 62
including members of the National Guard and Reserve. 63
2. "Adverse Action" means any administrative, civil, 64
equitable, or criminal action permitted by a Member State's laws 65
which is imposed by a Licensing Authority or other regulatory body 66
against a Licensee, including actions against an individual's 67
Authorization to Practice such as revocation, suspension, 68
probation, surrender in lieu of discipline, monitoring of the 69
Licensee, limitation of the Licensee's practice, or any other 70
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Encumbrance on licensure affecting an individual's ability to 71
practice Massage Therapy, including the issuance of a cease and 72
desist order. 73
3. "Alternative Program" means a non-disciplinary 74
monitoring or prosecutorial diversion program approved by a Member 75
State's Licensing Authority. 76
4. "Authorization to Practice" means a legal 77
authorization by a Remote State pursuant to a Multistate License 78
permitting the Practice of Massage Therapy in that Remote State, 79
which shall be subject to the enforcement jurisdiction of the 80
Licensing Authority in that Remote State. 81
5. "Background Check" means the submission of an 82
applicant's criminal history record information, as further 83
defined in 28 CFR Section 20.3(d), as amended from the Federal 84
Bureau of Investigation and the agency responsible for retaining 85
State criminal records in the applicant's Home State. 86
6. "Charter Member States" means Member States who have 87
enacted legislation to adopt this Compact where such legislation 88
predates the effective date of this Compact as defined in Article 89
12 of this Compact. 90
7. "Commission" means the government agency whose 91
membership consists of all States that have enacted this Compact, 92
which is known as the Interstate Massage Compact Commission, as 93
defined in Article 8 of this Compact, and which shall operate as 94
an instrumentality of the Member States. 95
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8. "Continuing Competence" means a requirement, as a 96
condition of license renewal, to provide evidence of participation 97
in, and completion of, educational or professional activities that 98
maintain, improve, or enhance Massage Therapy fitness to practice. 99
9. "Current Significant Investigative Information" 100
means Investigative Information that a Licensing Authority, after 101
an inquiry or investigation that complies with a Member State's 102
due process requirements, has reason to believe is not groundless 103
and, if proved true, would indicate a violation of that State's 104
laws regarding the Practice of Massage Therapy. 105
10. "Data System" means a repository of information 106
about Licensees who hold Multistate Licenses, which may include, 107
but is not limited to, license status, Investigative Information, 108
and Adverse Actions. 109
11. "Disqualifying Event" means any event that shall 110
disqualify an individual from holding a Multistate License under 111
this Compact, which the Commission may by Rule specify. 112
12. "Encumbrance" means a revocation or suspension of, 113
or any limitation or condition on, the full and unrestricted 114
Practice of Massage Therapy by a Licensing Authority. 115
13. "Executive Committee" means a group of delegates 116
elected or appointed to act on behalf of, and within the powers 117
granted to them by, the Commission. 118
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14. "Home State" means the Member State which is a 119
Licensee's primary state of residence where the Licensee holds an 120
active Single-State License. 121
15. "Investigative Information" means information, 122
records, or documents received or generated by a Licensing 123
Authority pursuant to an investigation or other inquiry. 124
16. "Licensing Authority" means a State's regulatory 125
body responsible for issuing Massage Therapy licenses or otherwise 126
overseeing the Practice of Massage Therapy in that State. 127
17. "Licensee" means an individual who currently holds 128
a license from a Member State to fully practice Massage Therapy, 129
whose license is not a student, provisional, temporary, inactive, 130
or other similar status. 131
18. "Massage Therapy", "Massage Therapy Services", and 132
the "Practice of Massage Therapy" mean the care and services 133
provided by a Licensee as set forth in the Member State's statutes 134
and regulations in the State where the services are being 135
provided. 136
19. "Member State" means any State that has adopted 137
this Compact. 138
20. "Multistate License" means a license that consists 139
of Authorizations to Practice Massage Therapy in all Remote States 140
pursuant to this Compact, which shall be subject to the 141
enforcement jurisdiction of the Licensing Authority in a 142
Licensee's Home State. 143
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21. "Remote State" means any Member State, other than 144
the Licensee's Home State. 145
22. "Rule" means any opinion or regulation promulgated 146
by the Commission under this Compact, which shall have the force 147
of law. 148
23. "Single-State License" means a current, valid 149
authorization issued by a Member State's Licensing Authority 150
allowing an individual to fully practice Massage Therapy, that is 151
not a restricted, student, provisional, temporary, or inactive 152
practice authorization and authorizes practice only within the 153
issuing State. 154
24. "State" means a state, territory, possession of the 155
United States, or the District of Columbia. 156
ARTICLE 3. 157
MEMBER STATE REQUIREMENTS 158
A. To be eligible to join this Compact, and to maintain 159
eligibility as a Member State, a State must: 160
1. License and regulate the Practice of Massage 161
Therapy; 162
2. Have a mechanism or entity in place to receive and 163
investigate complaints from the public, regulatory or law 164
enforcement agencies, or the Commission about Licensees practicing 165
in that State; 166
3. Accept passage of a psychometrically valid national 167
examination as a criterion for Massage Therapy licensure in that 168
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State; For purposes of this compact, such examination shall not 169
include a State-administered examination, but shall be inclusive 170
of the following: 171
a. The Massage and Bodywork Licensure Examination; 172
or 173
b. The National Certification Board for 174
Therapeutic Massage & Bodywork before January 1, 2015; or 175
c. The substantial equivalent of the foregoing 176
which the Commission may approve by Rule; 177
4. Require that Licensees satisfy educational 178
requirements before being licensed to provide Massage Therapy 179
Services to the public in that State; 180
5. Implement procedures for requiring the Background 181
Check of applicants for a Multistate License, and for the 182
reporting of any Disqualifying Events, including, but not limited 183
to, obtaining and submitting, for each Licensee holding a 184
Multistate License and each applicant for a Multistate License, 185
fingerprint or other biometric-based information to the Federal 186
Bureau of Investigation for Background Checks; receiving the 187
results of the Federal Bureau of Investigation record search on 188
Background Checks and considering the results of such a Background 189
Check in making licensure decisions; 190
6. Have Continuing Competence requirements as a 191
condition for license renewal; 192
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7. Participate in the Data System, including through the 193
use of unique identifying numbers as described in this Compact; 194
8. Notify the Commission and other Member States, in 195
compliance with the terms of the Compact and Rules of the 196
Commission, of any disciplinary action taken by the State against 197
a Licensee practicing under a Multistate License in that State, or 198
of the existence of Investigative Information or Current 199
Significant Investigative Information regarding a Licensee 200
practicing in that State pursuant to a Multistate License; 201
9. Comply with the Rules of the Commission; and 202
10. Accept Licensees with valid Multistate Licenses 203
from other Member States as established in this Compact. 204
B. Individuals not residing in a Member State shall continue 205
to be able to apply for a Member State's Single-State License as 206
provided under the laws of each Member State. However, the 207
Single-State License granted to those individuals shall not be 208
recognized as granting a Multistate License for Massage Therapy in 209
any other Member State. 210
C. Nothing in this Compact shall affect the requirements 211
established by a Member State for the issuance of a Single-State 212
License. 213
D. A Multistate License issued to a Licensee shall be 214
recognized by each Remote State as an Authorization to Practice 215
Massage Therapy in each Remote State. 216
ARTICLE 4. 217
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MULTISTATE LICENSE REQUIREMENTS 218
A. To qualify for a Multistate License under this Compact, 219
and to maintain eligibility for such a license, an applicant must: 220
1. Hold an active Single-State License to practice 221
Massage Therapy in the applicant's Home State; 222
2. Satisfy one of the following: 223
a. Completion of at least six hundred and 224
twenty-five (625) clock hours of Massage Therapy education; or 225
b. Graduation from an educational program that 226
meets the minimum qualifications for licensure in the home state 227
and two (2) years of continuous licensure with a Single-State 228
License in good standing in the Home State (except as provided in 229
Article 7 of this Compact); or 230
c. Satisfaction of the substantial equivalent of 231
the foregoing which the Commission may approve by Rule; 232
3. Successfully pass a psychometrically valid national 233
examination. For purposes of this compact, such examination shall 234
not include a State-administered examination, but shall be 235
inclusive of the following: 236
a. The Massage and Bodywork Licensure Examination; 237
or 238
b. The National Certification Board for Therapeutic 239
Massage & Bodywork before January 1, 2015; or 240
c. The substantial equivalent of the foregoing 241
which the Commission may approve by Rule. 242
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4. Submit to a Background Check; 243
5. Have not been convicted or found guilty, or have 244
entered into an agreed disposition, of a felony offense under 245
applicable State or federal criminal law, within five (5) years 246
before the date of their application, where such a time period 247
shall not include any time served for the offense, and provided 248
that the applicant has completed any and all requirements arising 249
as a result of any such offense; 250
6. Have not been convicted or found guilty, or have 251
entered into an agreed disposition, of a misdemeanor offense 252
related to the Practice of Massage Therapy under applicable State 253
or federal criminal law, within two (2) years before the date of 254
their application where such a time period shall not include any 255
time served for the offense, and provided that the applicant has 256
completed any and all requirements arising as a result of any such 257
offense; 258
7. Have not been convicted or found guilty, or have 259
entered into an agreed disposition, of any offense, whether a 260
misdemeanor or a felony, under State or federal law, at any time, 261
relating to any of the following: 262
a. Kidnapping; 263
b. Human trafficking; 264
c. Human smuggling; 265
d. Sexual battery, sexual assault, or any related 266
offenses; or 267
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e. Any other category of offense which the 268
Commission may by Rule designate; 269
8. Have not previously held a Massage Therapy license 270
which was revoked by, or surrendered in lieu of discipline to an 271
applicable Licensing Authority; 272
9. Have no history of any Adverse Action on any 273
occupational or professional license within two (2) years before 274
the date of their application; and 275
10. Pay all required fees. 276
B. A Multistate License granted pursuant to this Compact may 277
be effective for a definite period of time concurrent with the 278
renewal of the Home State license. 279
C. A Licensee practicing in a Member State is subject to all 280
scope of practice laws governing Massage Therapy Services in that 281
State. 282
D. The Practice of Massage Therapy under a Multistate 283
License granted pursuant to this Compact will subject the Licensee 284
to the jurisdiction of the Licensing Authority, the courts, and 285
the laws of the Member State in which the Massage Therapy Services 286
are provided. 287
ARTICLE 5. 288
AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND MEMBER 289
STATE LICENSING AUTHORITIES 290
A. Nothing in this Compact, nor any Rule of the Commission, 291
shall be construed to limit, restrict, or in any way reduce the 292
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ability of a Member State to enact and enforce laws, regulations, 293
or other rules related to the Practice of Massage Therapy in that 294
State, where those laws, regulations, or other rules are not 295
inconsistent with the provisions of this Compact. 296
B. Nothing in this Compact, nor any Rule of the Commission, 297
shall be construed to limit, restrict, or in any way reduce the 298
ability of a Member State to take Adverse Action against a 299
Licensee's Single-State License to practice Massage Therapy in 300
that State. 301
C. Nothing in this Compact, nor any Rule of the Commission, 302
shall be construed to limit, restrict, or in any way reduce the 303
ability of a Remote State to take Adverse Action against a 304
Licensee's Authorization to Practice in that State. 305
D. Nothing in this Compact, nor any Rule of the Commission, 306
shall be construed to limit, restrict, or in any way reduce the 307
ability of a Licensee's Home State to take Adverse Action against 308
a Licensee's Multistate License based upon information provided by 309
a Remote State. 310
E. Insofar as practical, a Member State's Licensing 311
Authority shall cooperate with the Commission and with each entity 312
exercising independent regulatory authority over the Practice of 313
Massage Therapy according to the provisions of this Compact. 314
ARTICLE 6. 315
ADVERSE ACTIONS 316
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A. A Licensee's Home State shall have exclusive power to 317
impose an Adverse Action against a Licensee's Multistate License 318
issued by the Home State. 319
B. A Home State may take Adverse Action on a Multistate 320
License based on the Investigative Information, Current 321
Significant Investigative Information, or Adverse Action of a 322
Remote State. 323
C. A Home State shall retain authority to complete any 324
pending investigations of a Licensee practicing under a Multistate 325
License who changes his or her Home State during the course of 326
such an investigation. The Licensing Authority shall also be 327
empowered to report the results of such an investigation to the 328
Commission through the Data System as described in this Compact. 329
D. Any Member State may investigate actual or alleged 330
violations of the scope of practice laws in any other Member State 331
for a massage therapist who holds a Multistate License. 332
E. A Remote State shall have the authority to: 333
1. Take Adverse Actions against a Licensee's 334
Authorization to Practice; 335
2. Issue cease and desist orders or impose an 336
Encumbrance on a Licensee's Authorization to Practice in that 337
State; 338
3. Issue subpoenas for both hearings and investigations 339
that require the attendance and testimony of witnesses, as well as 340
the production of evidence. Subpoenas issued by a Licensing 341
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Authority in a Member State for the attendance and testimony of 342
witnesses or the production of evidence from another Member State 343
shall be enforced in the latter State by any court of competent 344
jurisdiction, according to the practice and procedure of that 345
court applicable to subpoenas issued in proceedings before it. The 346
issuing Licensing Authority shall pay any witness fees, travel 347
expenses, mileage, and other fees required by the service statutes 348
of the State in which the witnesses or evidence are located; 349
4. If otherwise permitted by State law, recover from 350
the affected Licensee the costs of investigations and disposition 351
of cases resulting from any Adverse Action taken against that 352
Licensee; and 353
5. Take Adverse Action against the Licensee's 354
Authorization to Practice in that State based on the factual 355
findings of another Member State. 356
F. If an Adverse Action is taken by the Home State against a 357
Licensee's Multistate License or Single-State License to practice 358
in the Home State, the Licensee's Authorization to Practice in all 359
other Member States shall be deactivated until all Encumbrances 360
have been removed from such license. All Home State disciplinary 361
orders that impose an Adverse Action against a Licensee shall 362
include a statement that the Massage Therapist's Authorization to 363
Practice is deactivated in all Member States during the pendency 364
of the order. 365
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G. If Adverse Action is taken by a Remote State against a 366
Licensee's Authorization to Practice, that Adverse Action applies 367
to all Authorizations to Practice in all Remote States. A Licensee 368
whose Authorization to Practice in a Remote State is removed for a 369
specified period of time is not eligible to apply for a new 370
Multistate License in any other State until the specific time for 371
removal of the Authorization to Practice has passed and all 372
encumbrance requirements are satisfied. 373
H. Nothing in this Compact shall override a Member State's 374
authority to accept a Licensee's participation in an Alternative 375
Program in lieu of Adverse Action. A Licensee's Multistate License 376
shall be suspended for the duration of the Licensee's 377
participation in any Alternative Program. 378
I. Joint Investigations. 379
1. In addition to the authority granted to a Member 380
State by its respective scope of practice laws or other applicable 381
State law, a Member State may participate with other Member States 382
in joint investigations of Licensees. 383
2. Member States shall share any investigative, 384
litigation, or compliance materials in furtherance of any joint or 385
individual investigation initiated under the Compact. 386
ARTICLE 7 387
ACTIVE MILITARY MEMBER AND THEIR SPOUSES 388
Active Military Member, or their spouses, shall designate a 389
Home State where the individual has a current license to practice 390
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Massage Therapy in good standing. The individual may retain their 391
Home State designation during any period of service when that 392
individual or their spouse is on active-duty assignment. Further, 393
Active Military Members or their spouses shall satisfy the 394
requirements of Article 4.A.2. by successful graduation from an 395
educational program that meets the minimum qualifications for 396
licensure in the designated Home State. 397
ARTICLE 8. 398
ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT 399
COMMISSION 400
A. The Compact Member States create and establish a joint 401
government agency whose membership consists of all Member States 402
that have enacted the Compact known as the Interstate Massage 403
Compact Commission. The Commission is an instrumentality of the 404
Compact States acting jointly and not an instrumentality of any 405
one State. The Commission shall come into existence on or after 406
the effective date of the Compact as set forth in Article 12 of 407
this Compact. 408
B. Membership, Voting, and Meetings. 409
1. Each Member State shall have and be limited to one 410
(1) delegate selected by that Member State's State Licensing 411
Authority. 412
2. The delegate shall be either: 413
a. A member of the State Licensing Authority; or 414
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b. The primary administrative officer of the State 415
Licensing Authority or their designee. 416
3. The Commission shall by Rule or by law establish a 417
term of office for delegates and may by Rule or by law establish 418
term limits. 419
4. The Commission may recommend removal or suspension 420
of any delegate from office. 421
5. A Member State's State Licensing Authority shall 422
fill any vacancy of its delegate occurring on the Commission 423
within sixty (60) days of the vacancy. 424
6. Each delegate shall be entitled to one (1) vote on 425
all matters that are voted on by the Commission. 426
7. The Commission shall meet at least once during each 427
calendar year. Additional meetings may be held as set forth in the 428
bylaws. The Commission may meet by telecommunication, video 429
conference or other similar electronic means. 430
C. The Commission shall have the following powers: 431
1. Establish the fiscal year of the Commission; 432
2. Establish code of conduct and conflict of interest 433
policies; 434
3. Adopt Rules and bylaws; 435
4. Maintain its financial records in accordance with 436
the bylaws; 437
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5. Meet and take such actions as are consistent with 438
the provisions of this Compact, the Commission's Rules, and the 439
bylaws; 440
6. Initiate and conclude legal proceedings or actions 441
in the name of the Commission, provided that the standing of any 442
State Licensing Authority to sue or be sued under applicable law 443
shall not be affected; 444
7. Maintain and certify records and information 445
provided to a Member State as the authenticated business records 446
of the Commission, and designate an agent to do so on the 447
Commission's behalf; 448
8. Purchase and maintain insurance and bonds; 449
9. Borrow, accept, or contract for services of 450
personnel, including, but not limited to, employees of a Member 451
State; 452
10. Conduct an annual financial review; 453
11. Hire employees, elect or appoint officers, fix 454
compensation, define duties, grant such individuals appropriate 455
authority to carry out the purposes of the Compact, and establish 456
the Commission's personnel policies and programs relating to 457
conflicts of interest, qualifications of personnel, and other 458
related personnel matters; 459
12. Assess and collect fees; 460
13. Accept any and all appropriate gifts, donations, 461
grants of money, other sources of revenue, equipment, supplies, 462
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materials, and services, and receive, utilize, and dispose of the 463
same; provided that at all times the Commission shall avoid any 464
appearance of impropriety or conflict of interest; 465
14. Lease, purchase, retain, own, hold, improve, or use 466
any property, real, personal, or mixed, or any undivided interest 467
therein; 468
15. Sell, convey, mortgage, pledge, lease, exchange, 469
abandon, or otherwise dispose of any property real, personal, or 470
mixed; 471
16. Establish a budget and make expenditures; 472
17. Borrow money; 473
18. Appoint committees, including standing committees, 474
composed of members, State regulators, State legislators or their 475
representatives, and consumer representatives, and such other 476
interested persons as may be designated in this Compact and the 477
bylaws; 478
19. The Commission may elect up to two (2) ex-officio, 479
nonvoting members of the Commission as specified in the 480
Commission's bylaws; 481
20. Accept and transmit complaints from the public, 482
regulatory or law enforcement agencies, or the Commission, to the 483
relevant Member State(s) regarding potential misconduct of 484
Licensees; 485
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21. Elect a Chair, Vice Chair, Secretary and Treasurer 486
and such other officers of the Commission as provided in the 487
Commission's bylaws; 488
22. Establish and elect an Executive Committee, 489
including a chair and a vice chair; 490
23. Adopt and provide to the Member States an annual 491
report. 492
24. Determine whether a State's adopted language is 493
materially different from the model Compact language such that the 494
State would not qualify for participation in the Compact; and 495
25. Perform such other functions as may be necessary or 496
appropriate to achieve the purposes of this Compact. 497
D. The Executive Committee. 498
1. The Executive Committee shall have the power to act 499
on behalf of the Commission according to the terms of this 500
Compact. The powers, duties, and responsibilities of the Executive 501
Committee shall include: 502
a. Overseeing the day-to-day activities of the 503
administration of the Compact including compliance with the 504
provisions of the Compact, the Commission's Rules and bylaws, and 505
other such duties as deemed necessary; 506
b. Recommending to the Commission changes to the 507
Rules or bylaws, changes to this Compact legislation, fees charged 508
to Compact Member States, fees charged to Licensees, and other 509
fees; 510
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c. Ensuring Compact administration services are 511
appropriately provided, including by contract; 512
d. Preparing and recommending the budget; 513
e. Maintaining financial records on behalf of the 514
Commission; 515
f. Monitoring Compact compliance of Member States 516
and providing compliance reports to the Commission; 517
g. Establishing additional committees as 518
necessary; 519
h. Exercising the powers and duties of the 520
Commission during the interim between Commission meetings, except 521
for adopting or amending Rules, adopting or amending bylaws, and 522
exercising any other powers and duties expressly reserved to the 523
Commission by Rule or by law; and 524
i. Other duties as provided in the Rules or bylaws 525
of the Commission. 526
2. The Executive Committee shall be composed of seven 527
(7) voting members as follows: 528
a. The chair and vice chair of the Commission and 529
any other members of the Commission who serve on the Executive 530
Committee shall be voting members of the Executive Committee; and 531
b. Other than the chair, vice-chair, secretary and 532
treasurer, the Commission shall elect three voting members from 533
the current membership of the Commission. 534
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3. The Commission may remove any member of the 535
Executive Committee as provided in the Commission's bylaws. 536
4. The Executive Committee shall meet at least 537
annually. 538
a. Executive Committee meetings shall be open to 539
the public, except that the Executive Committee may meet in a 540
closed, non-public session of a public meeting when dealing with 541
any of the matters covered under subsection F.4 of this article. 542
b. The Executive Committee shall give five (5) 543
business days advance notice of its public meetings, posted on its 544
website and as determined to provide notice to persons with an 545
interest in the public matters the Executive Committee intends to 546
address at those meetings. 547
5. The Executive Committee may hold an emergency 548
meeting when acting for the Commission to: 549
a. Meet an imminent threat to public health, 550
safety, or welfare; 551
b. Prevent a loss of Commission or Participating 552
State funds; or 553
c. Protect public health and safety. 554
E. The Commission shall adopt and provide to the Member 555
States an annual report. 556
F. Meetings of the Commission. 557
1. All meetings of the Commission that are not closed 558
pursuant to this subsection shall be open to the public. Notice of 559
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public meetings shall be posted on the Commission's website at 560
least thirty (30) days before the public meeting. 561
2. Notwithstanding subsection F.1 of this article, the 562
Commission may convene an emergency public meeting by providing at 563
least twenty-four (24) hours prior notice on the Commission's 564
website, and any other means as provided in the Commission's 565
Rules, for any of the reasons it may dispense with notice of 566
proposed rulemaking under Article 10.L. The Commission's legal 567
counsel shall certify that one of the reasons justifying an 568
emergency public meeting has been met. 569
3. Notice of all Commission meetings shall provide the 570
time, date, and location of the meeting, and if the meeting is to 571
be held or accessible via telecommunication, video conference, or 572
other electronic means, the notice shall include the mechanism for 573
access to the meeting. 574
4. The Commission may convene in a closed, non-public 575
meeting for the Commission to discuss: 576
a. Non-compliance of a Member State with its 577
obligations under the Compact; 578
b. The employment, compensation, discipline or 579
other matters, practices or procedures related to specific 580
employees or other matters related to the Commission's internal 581
personnel practices and procedures; 582
c. Current or threatened discipline of a Licensee 583
by the Commission or by a Member State's Licensing Authority; 584
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d. Current, threatened, or reasonably anticipated 585
litigation; 586
e. Negotiation of contracts for the purchase, 587
lease, or sale of goods, services, or real estate; 588
f. Accusing any person of a crime or formally 589
censuring any person; 590
g. Trade secrets or commercial or financial 591
information that is privileged or confidential; 592
h. Information of a personal nature where 593
disclosure would constitute a clearly unwarranted invasion of 594
personal privacy; 595
i. Investigative records compiled for law 596
enforcement purposes; 597
j. Information related to any investigative 598
reports prepared by or on behalf of or for use of the Commission 599
or other committee charged with responsibility of investigation or 600
determination of compliance issues pursuant to the Compact; 601
k. Legal advice; 602
l. Matters specifically exempted from disclosure 603
to the public by federal or Member State law; or 604
m. Other matters as promulgated by the Commission 605
by Rule. 606
5. If a meeting, or portion of a meeting, is closed, 607
the presiding officer shall state that the meeting will be closed 608
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and reference each relevant exempting provision, and such 609
reference shall be recorded in the minutes. 610
6. The Commission shall keep minutes that fully and 611
clearly describe all matters discussed in a meeting and shall 612
provide a full and accurate summary of actions taken, and the 613
reasons therefore, including a description of the views expressed. 614
All documents considered in connection with an action shall be 615
identified in such minutes. All minutes and documents of a closed 616
meeting shall remain under seal, subject to release only by a 617
majority vote of the Commission or order of a court of competent 618
jurisdiction. 619
G. Financing of the Commission. 620
1. The Commission shall pay, or provide for the payment 621
of, the reasonable expenses of its establishment, organization, 622
and ongoing activities. 623
2. The Commission may accept any and all appropriate 624
sources of revenue, donations, and grants of money, equipment, 625
supplies, materials, and services. 626
3. The Commission may levy on and collect an annual 627
assessment from each Member State and impose fees on Licensees of 628
Member States to whom it grants a Multistate License to cover the 629
cost of the operations and activities of the Commission and its 630
staff, which must be in a total amount sufficient to cover its 631
annual budget as approved each year for which revenue is not 632
provided by other sources. The aggregate annual assessment amount 633
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for Member States shall be allocated based upon a formula that the 634
Commission shall promulgate by Rule. 635
4. The Commission shall not incur obligations of any 636
kind before securing the funds adequate to meet the same; nor 637
shall the Commission pledge the credit of any Member States, 638
except by and with the authority of the Member State. 639
5. The Commission shall keep accurate accounts of all 640
receipts and disbursements. The receipts and disbursements of the 641
Commission shall be subject to the financial review and accounting 642
procedures established under its bylaws. All receipts and 643
disbursements of funds handled by the Commission shall be subject 644
to an annual financial review by a certified or licensed public 645
accountant, and the report of the financial review shall be 646
included in and become part of the annual report of the 647
Commission. 648
H. Qualified Immunity, Defense, and Indemnification. 649
1. The members, officers, executive director, employees 650
and representatives of the Commission shall be immune from suit 651
and liability, both personally and in their official capacity, for 652
any claim for damage to or loss of property or personal injury or 653
other civil liability caused by or arising out of any actual or 654
alleged act, error, or omission that occurred, or that the person 655
against whom the claim is made had a reasonable basis for 656
believing occurred within the scope of Commission employment, 657
duties or responsibilities; provided that nothing in this 658
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paragraph shall be construed to protect any such person from suit 659
or liability for any damage, loss, injury, or liability caused by 660
the intentional or willful or wanton misconduct of that person. 661
The procurement of insurance of any type by the Commission shall 662
not in any way compromise or limit the immunity granted hereunder. 663
2. The Commission shall defend any member, officer, 664
executive director, employee, and representative of the Commission 665
in any civil action seeking to impose liability arising out of any 666
actual or alleged act, error, or omission that occurred within the 667
scope of Commission employment, duties, or responsibilities, or as 668
determined by the Commission that the person against whom the 669
claim is made had a reasonable basis for believing occurred within 670
the scope of Commission employment, duties, or responsibilities; 671
provided that nothing herein shall be construed to prohibit that 672
person from retaining their own counsel at their own expense; and 673
provided further, that the actual or alleged act, error, or 674
omission did not result from that person's intentional or willful 675
or wanton misconduct. 676
3. The Commission shall indemnify and hold harmless any 677
member, officer, executive director, employee, and representative 678
of the Commission for the amount of any settlement or judgment 679
obtained against that person arising out of any actual or alleged 680
act, error, or omission that occurred within the scope of 681
Commission employment, duties, or responsibilities, or that such 682
person had a reasonable basis for believing occurred within the 683
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scope of Commission employment, duties, or responsibilities, 684
provided that the actual or alleged act, error, or omission did 685
not result from the intentional or willful or wanton misconduct of 686
that person. 687
4. Nothing in this Compact shall be construed as a 688
limitation on the liability of any Licensee for professional 689
malpractice or misconduct, which shall be governed solely by any 690
other applicable State laws. 691
5. Nothing in this Compact shall be interpreted to 692
waive or otherwise abrogate a Member State's State action immunity 693
or State action affirmative defense with respect to antitrust 694
claims under the Sherman Act, Clayton Act, or any other State or 695
federal antitrust or anticompetitive law or regulation. 696
6. Nothing in this Compact shall be construed to be a 697
waiver of sovereign immunity by the Member States or by the 698
Commission. 699
ARTICLE 9. 700
DATA SYSTEM 701
A. The Commission shall provide for the development, 702
maintenance, operation, and utilization of a coordinated database 703
and reporting system. 704
B. The Commission shall assign each applicant for a 705
Multistate License a unique identifier, as determined by the Rules 706
of the Commission. 707
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C. Notwithstanding any other provision of State law to the 708
contrary, a Member State shall submit a uniform data set to the 709
Data System on all individuals to whom this Compact is applicable 710
as required by the Rules of the Commission, including: 711
1. Identifying information; 712
2. Licensure data; 713
3. Adverse Actions against a license and information 714
related thereto; 715
4. Non-confidential information related to Alternative 716
Program participation, the beginning and ending dates of such 717
participation, and other information related to such 718
participation; 719
5. Any denial of application for licensure, and the 720
reason(s) for such denial (excluding the reporting of any criminal 721
history record information where prohibited by law); 722
6. The existence of Investigative Information; 723
7. The existence presence of Current Significant 724
Investigative Information; and 725
8. Other information that may facilitate the 726
administration of this Compact or the protection of the public, as 727
determined by the Rules of the Commission. 728
D. The records and information provided to a Member State 729
pursuant to this Compact or through the Data System, when 730
certified by the Commission or an agent thereof, shall constitute 731
the authenticated business records of the Commission, and shall be 732
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entitled to any associated hearsay exception in any relevant 733
judicial, quasi-judicial or administrative proceedings in a Member 734
State. 735
E. The existence of Current Significant Investigative 736
Information and the existence of Investigative Information 737
pertaining to a Licensee in any Member State will only be 738
available to other Member States. 739
F. It is the responsibility of the Member States to report 740
any Adverse Action against a Licensee who holds a Multistate 741
License and to monitor the database to determine whether Adverse 742
Action has been taken against such a Licensee or License 743
applicant. Adverse Action information pertaining to a Licensee or 744
License applicant in any Member State will be available to any 745
other Member State. 746
G. Member States contributing information to the Data System 747
may designate information that may not be shared with the public 748
without the express permission of the contributing State. 749
H. Any information submitted to the Data System that is 750
subsequently expunged pursuant to federal law or the laws of the 751
Member State contributing the information shall be removed from 752
the Data System. 753
ARTICLE 10. 754
RULEMAKING 755
A. The Commission shall promulgate reasonable Rules in order 756
to effectively and efficiently implement and administer the 757
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purposes and provisions of the Compact. A Rule shall be invalid 758
and have no force or effect only if a court of competent 759
jurisdiction holds that the Rule is invalid because the Commission 760
exercised its rulemaking authority in a manner that is beyond the 761
scope and purposes of the Compact, or the powers granted 762
hereunder, or based upon another applicable standard of review. 763
B. The Rules of the Commission shall have the force of law in 764
each Member State; however, where the Rules of the Commission 765
conflict with the laws of the Member State that establish the 766
Member State's scope of practice as held by a court of competent 767
jurisdiction, the Rules of the Commission shall be ineffective in 768
that State to the extent of the conflict. 769
C. The Commission shall exercise its Rulemaking powers 770
pursuant to the criteria set forth in this article and the Rules 771
adopted thereunder. Rules shall become binding as of the date 772
specified by the Commission for each Rule. 773
D. If a majority of the legislatures of the Member States 774
rejects a Rule or portion of a Rule, by enactment of a statute or 775
resolution in the same manner used to adopt the Compact within 776
four (4) years of the date of adoption of the Rule, then such Rule 777
shall have no further force and effect in any Member State or to 778
any State applying to participate in the Compact. 779
E. Rules shall be adopted at a regular or special meeting of 780
the Commission. 781
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F. Before adoption of a proposed Rule, the Commission shall 782
hold a public hearing and allow persons to provide oral and 783
written comments, data, facts, opinions, and arguments. 784
G. Before adoption of a proposed Rule by the Commission, and 785
at least thirty (30) days in advance of the meeting at which the 786
Commission will hold a public hearing on the proposed Rule, the 787
Commission shall provide a Notice of Proposed Rulemaking: 788
1. On the website of the Commission or other publicly 789
accessible platform; 790
2. To persons who have requested notice of the 791
Commission's notices of proposed rulemaking; and 792
3. In such other way(s) as the Commission may by Rule 793
specify. 794
H. The Notice of Proposed Rulemaking shall include: 795
1. The time, date, and location of the public hearing 796
at which the Commission will hear public comments on the proposed 797
Rule and, if different, the time, date, and location of the 798
meeting where the Commission will consider and vote on the 799
proposed Rule; 800
2. If the hearing is held via telecommunication, video 801
conference, or other electronic means, the Commission shall 802
include the mechanism for access to the hearing in the Notice of 803
Proposed Rulemaking; 804
3. The text of the proposed Rule and the reason 805
therefor; 806
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4. A request for comments on the proposed Rule from any 807
interested person; and 808
5. The manner in which interested persons may submit 809
written comments. 810
I. All hearings will be recorded. A copy of the recording 811
and all written comments and documents received by the Commission 812
in response to the proposed Rule shall be available to the public. 813
J. Nothing in this article shall be construed as requiring a 814
separate hearing on each Rule. Rules may be grouped for the 815
convenience of the Commission at hearings required by this 816
article. 817
K. The Commission shall, by majority vote of all 818
Commissioners, take final action on the proposed Rule based on the 819
Rulemaking record. 820
1. The Commission may adopt changes to the proposed 821
Rule provided the changes do not enlarge the original purpose of 822
the proposed Rule. 823
2. The Commission shall provide an explanation of the 824
reasons for substantive changes made to the proposed Rule as well 825
as reasons for substantive changes not made that were recommended 826
by commenters. 827
3. The Commission shall determine a reasonable 828
effective date for the Rule. Except for an emergency as provided 829
in subsection L of this article, the effective date of the Rule 830
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shall be no sooner than thirty (30) days after the Commission 831
issuing the notice that it adopted or amended the Rule. 832
L. Upon determination that an emergency exists, the 833
Commission may consider and adopt an emergency Rule with 24 hours 834
notice, provided that the usual Rulemaking procedures provided in 835
the Compact and in this article shall be retroactively applied to 836
the Rule as soon as reasonably possible, in no event later than 837
ninety (90) days after the effective date of the Rule. For the 838
purposes of this provision, an emergency Rule is one that must be 839
adopted immediately to: 840
1. Meet an imminent threat to public health, safety, or 841
welfare; 842
2. Prevent a loss of Commission or Member State funds; 843
Meet a deadline for the promulgation of a Rule that is established 844
by federal law or rule; or 845
3. Protect public health and safety. 846
M. The Commission or an authorized committee of the 847
Commission may direct revisions to a previously adopted Rule for 848
purposes of correcting typographical errors, errors in format, 849
errors in consistency, or grammatical errors. Public notice of any 850
revisions shall be posted on the website of the Commission. The 851
revision shall be subject to challenge by any person for a period 852
of thirty (30) days after posting. The revision may be challenged 853
only on grounds that the revision results in a material change to 854
a Rule. A challenge shall be made in writing and delivered to the 855
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Commission before the end of the notice period. If no challenge is 856
made, the revision will take effect without further action. If the 857
revision is challenged, the revision may not take effect without 858
the approval of the Commission. 859
N. No Member State's rulemaking requirements shall apply 860
under this Compact. 861
ARTICLE 11. 862
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 863
A. Oversight. 864
1. The executive and judicial branches of State 865
government in each Member State shall enforce this Compact and 866
take all actions necessary and appropriate to implement the 867
Compact. 868
2. Venue is proper and judicial proceedings by or 869
against the Commission shall be brought solely and exclusively in 870
a court of competent jurisdiction where the principal office of 871
the Commission is located. The Commission may waive venue and 872
jurisdictional defenses to the extent it adopts or consents to 873
participate in alternative dispute resolution proceedings. Nothing 874
herein shall affect or limit the selection or propriety of venue 875
in any action against a Licensee for professional malpractice, 876
misconduct or any such similar matter. 877
3. The Commission shall be entitled to receive service 878
of process in any proceeding regarding the enforcement or 879
interpretation of the Compact and shall have standing to intervene 880
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in such a proceeding for all purposes. Failure to provide the 881
Commission service of process shall render a judgment or order 882
void as to the Commission, this Compact, or promulgated Rules. 883
B. Default, Technical Assistance, and Termination. 884
1. If the Commission determines that a Member State has 885
defaulted in the performance of its obligations or 886
responsibilities under this Compact or the promulgated Rules, the 887
Commission shall provide written notice to the defaulting State. 888
The notice of default shall describe the default, the proposed 889
means of curing the default, and any other action that the 890
Commission may take, and shall offer training and specific 891
technical assistance regarding the default. 892
2. The Commission shall provide a copy of the notice of 893
default to the other Member States. 894
C. If a State in default fails to cure the default, the 895
defaulting State may be terminated from the Compact upon an 896
affirmative vote of a majority of the delegates of the Member 897
States, and all rights, privileges and benefits conferred on that 898
State by this Compact may be terminated on the effective date of 899
termination. A cure of the default does not relieve the offending 900
State of obligations or liabilities incurred during the period of 901
default. 902
D. Termination of membership in the Compact shall be imposed 903
only after all other means of securing compliance have been 904
exhausted. Notice of intent to suspend or terminate shall be given 905
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by the Commission to the governor, the majority and minority 906
leaders of the defaulting State's legislature, the defaulting 907
State's State Licensing Authority and each of the Member States' 908
State Licensing Authority. 909
E. A State that has been terminated is responsible for all 910
assessments, obligations, and liabilities incurred through the 911
effective date of termination, including obligations that extend 912
beyond the effective date of termination. 913
F. Upon the termination of a State's membership from this 914
Compact, that State shall immediately provide notice to all 915
Licensees who hold a Multistate License within that State of such 916
termination. The terminated State shall continue to recognize all 917
licenses granted pursuant to this Compact for a minimum of one 918
hundred eighty (180) days after the date of the notice of 919
termination. 920
G. The Commission shall not bear any costs related to a 921
State that is found to be in default or that has been terminated 922
from the Compact, unless agreed upon in writing between the 923
Commission and the defaulting State. 924
H. The defaulting State may appeal the action of the 925
Commission by petitioning the United States District Court for the 926
District of Columbia or the federal district where the Commission 927
has its principal offices. The prevailing party shall be awarded 928
all costs of such litigation, including reasonable attorney's 929
fees. 930
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I. Dispute Resolution. 931
1. Upon request by a Member State, the Commission shall 932
attempt to resolve disputes related to the Compact that arise 933
among Member States and between Member and non-Member States. 934
2. The Commission shall promulgate a Rule providing for 935
both mediation and binding dispute resolution for disputes as 936
appropriate. 937
J. Enforcement. 938
1. The Commission, in the reasonable exercise of its 939
discretion, shall enforce the provisions of this Compact and the 940
Commission's Rules. 941
2. By majority vote as provided by Commission Rule, the 942
Commission may initiate legal action against a Member State in 943
default in the United States District Court for the District of 944
Columbia or the federal district where the Commission has its 945
principal offices to enforce compliance with the provisions of the 946
Compact and its promulgated Rules. The relief sought may include 947
both injunctive relief and damages. In the event judicial 948
enforcement is necessary, the prevailing party shall be awarded 949
all costs of such litigation, including reasonable attorney's 950
fees. The remedies herein shall not be the exclusive remedies of 951
the Commission. The Commission may pursue any other remedies 952
available under federal or the defaulting Member State's law. 953
3. A Member State may initiate legal action against the 954
Commission in the United States District Court for the District of 955
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Columbia or the federal district where the Commission has its 956
principal offices to enforce compliance with the provisions of the 957
Compact and its promulgated Rules. The relief sought may include 958
both injunctive relief and damages. In the event judicial 959
enforcement is necessary, the prevailing party shall be awarded 960
all costs of such litigation, including reasonable attorney's 961
fees. 962
4. No individual or entity other than a Member State 963
may enforce this Compact against the Commission. 964
ARTICLE 12. 965
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT 966
A. The Compact shall come into effect on the date on which 967
the Compact statute is enacted into law in the seventh Member 968
State. 969
1. On or after the effective date of the Compact, the 970
Commission shall convene and review the enactment of each of the 971
Charter Member States to determine if the statute enacted by each 972
such Charter Member State is materially different than the model 973
Compact statute. 974
a. A Charter Member State whose enactment is found 975
to be materially different from the model Compact statute shall be 976
entitled to the default process set forth in Article 11 of this 977
Compact. 978
b. If any Member State is later found to be in 979
default, or is terminated or withdraws from the Compact, the 980
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Commission shall remain in existence and the Compact shall remain 981
in effect even if the number of Member States should be less than 982
seven (7). 983
2. Member States enacting the Compact subsequent to the 984
Charter Member States shall be subject to the process set forth in 985
Article 8.C.24 to determine if their enactments are materially 986
different from the model Compact statute and whether they qualify 987
for participation in the Compact. 988
3. All actions taken for the benefit of the Commission 989
or in furtherance of the purposes of the administration of the 990
Compact before the effective date of the Compact or the Commission 991
coming into existence shall be considered to be actions of the 992
Commission unless specifically repudiated by the Commission. 993
4. Any State that joins the Compact shall be subject to 994
the Commission's Rules and bylaws as they exist on the date on 995
which the Compact becomes law in that State. Any Rule that has 996
been previously adopted by the Commission shall have the full 997
force and effect of law on the day the Compact becomes law in that 998
State. 999
B. Any Member State may withdraw from this Compact by 1000
enacting a statute repealing that State's enactment of the 1001
Compact. 1002
1. A Member State's withdrawal shall not take effect 1003
until one hundred eighty (180) days after enactment of the 1004
repealing statute. 1005
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2. Withdrawal shall not affect the continuing 1006
requirement of the withdrawing State's Licensing Authority to 1007
comply with the investigative and Adverse Action reporting 1008
requirements of this Compact before the effective date of 1009
withdrawal. 1010
3. Upon the enactment of a statute withdrawing from 1011
this Compact, a State shall immediately provide notice of such 1012
withdrawal to all Licensees within that State. Notwithstanding any 1013
subsequent statutory enactment to the contrary, such withdrawing 1014
State shall continue to recognize all licenses granted pursuant to 1015
this Compact for a minimum of one hundred eighty (180) days after 1016
the date of such notice of withdrawal. 1017
C. Nothing contained in this Compact shall be construed to 1018
invalidate or prevent any licensure agreement or other cooperative 1019
arrangement between a Member State and a non-Member State that 1020
does not conflict with the provisions of this Compact. 1021
D. This Compact may be amended by the Member States. No 1022
amendment to this Compact shall become effective and binding upon 1023
any Member State until it is enacted into the laws of all Member 1024
States. 1025
ARTICLE 13. 1026
CONSTRUCTION AND SEVERABILITY 1027
A. This Compact and the Commission's rulemaking authority 1028
shall be liberally construed so as to effectuate the purposes, and 1029
the implementation and administration of the Compact. Provisions 1030
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of the Compact expressly authorizing or requiring the promulgation 1031
of Rules shall not be construed to limit the Commission's 1032
rulemaking authority solely for those purposes. 1033
B. The provisions of this Compact shall be severable and if 1034
any phrase, clause, sentence or provision of this Compact is held 1035
by a court of competent jurisdiction to be contrary to the 1036
constitution of any Member State, a State seeking participation in 1037
the Compact, or of the United States, or the applicability thereof 1038
to any government, agency, person or circumstance is held to be 1039
unconstitutional by a court of competent jurisdiction, the 1040
validity of the remainder of this Compact and the applicability 1041
thereof to any other government, agency, person or circumstance 1042
shall not be affected thereby. 1043
C. Notwithstanding subsection B of this article, the 1044
Commission may deny a State's participation in the Compact or, in 1045
accordance with the requirements of Article 11.B, terminate a 1046
Member State's participation in the Compact, if it determines that 1047
a constitutional requirement of a Member State is a material 1048
departure from the Compact. Otherwise, if this Compact shall be 1049
held to be contrary to the constitution of any Member State, the 1050
Compact shall remain in full force and effect as to the remaining 1051
Member States and in full force and effect as to the Member State 1052
affected as to all severable matters. 1053
ARTICLE 14. 1054
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS 1055
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Nothing herein shall prevent or inhibit the enforcement of 1056
any other law of a Member State that is not inconsistent with the 1057
Compact. 1058
Any laws, statutes, regulations, or other legal requirements 1059
in a Member State in conflict with the Compact are superseded to 1060
the extent of the conflict. 1061
All permissible agreements between the Commission and the 1062
Member States are binding in accordance with their terms. 1063
SECTION 2. Section 73-67-7, Mississippi Code of 1972, is 1064
amended as follows: 1065
73-67-7. For purposes of this chapter, the following terms 1066
shall have the meanings stated in this section, unless otherwise 1067
stated: 1068
(a) "Approved massage therapy school" means a facility 1069
that is licensed by this board and meets the curriculum and 1070
instruction requirements as stated in this chapter. 1071
(b) "Board" means the State Board of Massage Therapy as 1072
created in this chapter. 1073
(c) "Board-accepted hours" means hours of education 1074
accepted by the board to meet requirements of exemption and/or 1075
continuing education for pre-act practitioners and is different 1076
from "board-approved programs" and/or "board-approved school 1077
hours." 1078
(d) "Classroom hour" means no less than fifty (50) 1079
minutes of any one (1) clock hour during which the student 1080
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participates in a learning activity under the supervision of a 1081
board licensed instructor. 1082
(e) "Examination" means the State Board of Massage 1083
Therapy approved examination for licensure. 1084
(f) "License" means a State Board of Massage Therapy 1085
approved form of credential indicating that the license holder has 1086
met the requirements of this chapter for the practice of massage 1087
therapy. 1088
(g) "Massage" means touch, stroking, kneading, 1089
stretching, friction, percussion and vibration, and includes 1090
holding, positioning, causing movement of the soft tissues and 1091
applying manual touch and pressure to the body (excluding an 1092
osseous tissue manipulation or adjustment). "Therapy" means 1093
action aimed at achieving or increasing health and wellness. 1094
"Massage therapy" means the profession in which the practitioner 1095
applies massage techniques with the intent of positively affecting 1096
the health and well-being of the client, and may adjunctively (i) 1097
apply allied modalities, heat, cold, water and topical 1098
preparations not classified as prescription drugs, (ii) use hand 1099
held tools such as electric hand massagers used adjunctively to 1100
the application of hand massage or devices designed as t-bars or 1101
knobbies, and (iii) instruct self-care and stress management. 1102
"Manual" means by use of hand or body. 1103
(h) "Massage establishment" means a place of business 1104
where massage is being conducted. 1105
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(i) "Massage therapist" means a person who practices 1106
massage therapy. 1107
(j) "MPMTA" means the "Mississippi Professional Massage 1108
Therapy Act." 1109
(k) "Mississippi State Law Examination" means the 1110
comprehensive examination on the Mississippi Professional Massage 1111
Therapy Act and the associated relevant Board Rules and 1112
Regulations that is given by the board or its representative. 1113
(l) "Pre-act practitioner" means an individual who has 1114
practiced professional massage therapy before January 1, 2001. 1115
(m) "Professional" means requiring minimum standards of 1116
conduct, ethics and education. 1117
(n) "Provisional permit" means a temporary permit 1118
approved by the board when all requirements, other than 1119
board-approved national or state examinations, have been met, not 1120
to exceed ninety (90) days. 1121
(o) "Authorization to practice" means the authorization 1122
to practice as a massage therapist under the Interstate Massage 1123
Compact provided for in Section 1 of this act. 1124
(p) "Licensee" means a person who has been issued a 1125
license to practice as a massage therapist in this state, or a 1126
person who holds an authorization to practice as a massage 1127
therapist in this state. 1128
SECTION 3. Section 73-67-15, Mississippi Code of 1972, is 1129
amended as follows: 1130
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73-67-15. (1) The board shall: 1131
(a) Adopt an official seal and keep a record of its 1132
proceedings, persons licensed as massage therapists, persons who 1133
hold an authorization to practice as massage therapists, and a 1134
record of the licenses and authorizations to practice that have 1135
been revoked or suspended; 1136
(b) Keep on file all appropriate records pertaining to 1137
each license and authorizations to practice; 1138
(c) Annually, on or before February 15, make a report 1139
to the Governor and Legislature of all of its official acts during 1140
the preceding year, its total receipts and disbursements, and a 1141
full and complete report of relevant statistical and significantly 1142
notable conditions of massage therapists in this state as 1143
uniformly stipulated by the board; 1144
(d) Evaluate the qualifications of applicants for 1145
licensure or authorizations to practice under this chapter, and 1146
advise applicants as to the acceptance or denial of licensure or 1147
authorizations to practice with any reasons for denial within 1148
forty-five (45) days; 1149
(e) Issue licenses to applicants who meet the 1150
requirements of this chapter and issue authorizations to practice 1151
to applicants who meet the requirements of this chapter and the 1152
Interstate Massage Compact provided for under Section 1 of this 1153
act; 1154
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(f) Inspect, or have inspected, when required, the 1155
business premises of any licensed massage therapist during their 1156
operating hours, so long as that inspection does not infringe on 1157
the reasonable privacy of any therapist's clients; 1158
(g) Establish minimum training and educational 1159
standards for obtaining a license under this chapter, provided 1160
that requirements do not decrease; 1161
(h) Establish a procedure for approval of educational 1162
standards required by this chapter; 1163
(i) Investigate persons suspected of engaging in 1164
practices that may violate provisions of this chapter; 1165
(j) Revoke, suspend or deny a license or an 1166
authorization to practice in accordance with the provisions of 1167
this chapter; 1168
(k) Adopt an annual budget; 1169
(l) Establish policies with respect to continuing 1170
education; 1171
(m) Adopt rules: 1172
(i) Specifying standards and procedures for 1173
issuance of a provisional permit; 1174
(ii) Specifying licensure procedures for 1175
practitioners desiring to be licensed or receive an authorization 1176
to practice in this state who hold an active license or 1177
credentials from another state board; 1178
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(iii) Prescribing renewal procedures, 1179
requirements, dates and fees for massage therapy licenses and 1180
authorizations to practice issued by the board and shall include 1181
provisions for inactive and lapsed licenses and authorizations to 1182
practice; those rules shall be in accordance with Section 33-1-39; 1183
(n) Make available all forms necessary for carrying out 1184
all provisions of this chapter and any and all necessary business 1185
of the board; 1186
(o) Establish written duties of the executive director; 1187
(p) Establish a set of reasonable and customary fines 1188
and penalties for violations of this chapter, and fees, including 1189
refund policies, which shall be standardized and not exceeded 1190
unless amended with at least thirty (30) days' notice to those who 1191
are licensed or hold authorizations to practice; 1192
(q) Establish, amend or repeal any rules or regulations 1193
necessary to carry out the purposes of this chapter and the duties 1194
and responsibilities of the board. Affected practitioners shall 1195
be sent relevant changes no less than once per licensure renewal; 1196
(r) Maintain a current register listing the name of 1197
every massage therapist licensed to practice or holding an 1198
authorization to practice in this state, his/her last known place 1199
of business and last known place of residence, and the date and 1200
number of his/her license or authorization to practice; 1201
(s) Set up guidelines for the operation of schools of 1202
massage therapy, and it is charged with that regulation in this 1203
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state. The board may prescribe reasonable rules and regulations 1204
governing schools of massage therapy for the guidance of persons 1205
licensed under this chapter in the operation of schools of massage 1206
therapy and in the practice of massage therapy. When the board 1207
has reasons to believe that any of the provisions of this chapter 1208
or the rules and regulations of the board have been violated, 1209
either upon receipt of a written complaint alleging those 1210
violations or upon the board's own initiative, the board or any of 1211
its authorized agents shall investigate same and may enter upon 1212
the premises of a school of massage therapy at any time during 1213
regular business hours of that school to conduct the 1214
investigation. The investigation may include, but not be limited 1215
to, conducting oral interviews with the complaining party, school 1216
or school owner(s) and/or students of the school, and reviewing 1217
records of the school pertinent to the complaint and related to an 1218
area subject to the authority of the board; 1219
(t) Set up guidelines for the registration of 1220
establishments where massage services are performed and maintain a 1221
current registry of their location, owner contact information, 1222
local business permit information and names of licensees who 1223
perform massage services at their establishments; 1224
(u) Share documents, materials, or other information, 1225
including confidential and privileged documents, materials, or 1226
information, received or maintained by the board with other state 1227
or federal agencies and with a national disciplinary database 1228
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recognized by the board or as required by law, provided that the 1229
recipient agrees to maintain the confidentiality and privileged 1230
status of the document, material, or other information; 1231
(v) Report final disciplinary action taken against a 1232
licensee to other state or federal regulatory agencies and to a 1233
national disciplinary database recognized by the board or as 1234
required by law. 1235
(2) Each board member shall be held accountable to the 1236
Governor for the proper performance of all duties and obligations 1237
of the member's office. Board members shall be immune from civil 1238
liability pertaining to any legal functions involving the carrying 1239
out of the activities and responsibilities of this chapter. 1240
SECTION 4. Section 73-67-17, Mississippi Code of 1972, is 1241
amended as follows: 1242
73-67-17. The board may adopt rules: 1243
(a) Establishing reasonable standards concerning the 1244
sanitary, hygienic and healthful conditions of the licensed 1245
massage therapist and of premises and facilities used by massage 1246
therapists; 1247
(b) Relating to the methods and procedures used in the 1248
practice of massage; 1249
(c) Governing the examination and investigation of 1250
applicants for the licenses and authorizations to practice issued 1251
under this chapter and the issuance, renewal, suspension and 1252
revocation of the license or authorization to practice; 1253
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(d) Setting standards for certifying continuing 1254
education classes; 1255
(e) Requiring that massage therapists supply the board 1256
with the accurate, current address or addresses where they 1257
practice massage; 1258
(f) Establishing the educational, training and 1259
experience requirements for licensure by reciprocity; 1260
(g) Establishing requirements for issuance and 1261
retention of an inactive license or authorization to practice 1262
and/or provisional permits; 1263
(h) Establishing requirements for registering massage 1264
therapy establishments. 1265
SECTION 5. Section 73-67-19, Mississippi Code of 1972, is 1266
amended as follows: 1267
73-67-19. (1) The board shall report to the proper district 1268
attorney all cases that, in the judgment of the board, warrant 1269
prosecution. 1270
(2) Massage therapists or establishments may not be 1271
discriminated against regarding business licenses and shall be 1272
treated as any other health care profession. 1273
(3) Any civil penalty imposed under this section shall 1274
become due and payable when the person incurring the penalty 1275
receives a notice in writing of the penalty. The notice shall be 1276
sent by registered or certified mail. The person to whom the 1277
notice is addressed shall have thirty (30) days from the date of 1278
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mailing of the notice in which to make written application for a 1279
hearing. Any person who makes that application shall be entitled 1280
to a hearing. The hearing shall be conducted as a contested case 1281
hearing. When an order assessing a civil penalty under this 1282
section becomes final by operation of law or on appeal, unless the 1283
amount of penalty is paid within ten (10) days after the order 1284
becomes final, it may be recorded with the circuit clerk in any 1285
county of this state. The clerk shall then record the name of the 1286
person incurring the penalty and the amount of the penalty in his 1287
lien record book. 1288
(4) Where the board proposes to refuse to grant or renew a 1289
license or authorization to practice or proposes to revoke or 1290
suspend a license or authorization to practice, an opportunity for 1291
a hearing shall be accorded. The board may designate any 1292
competent person(s) to preside at the hearing. The board shall 1293
promulgate rules for the conduct of hearings and issuance of 1294
orders. 1295
(5) The board may adopt rules requiring any person, 1296
including, but not limited to, licensed massage therapists, 1297
massage therapists who hold an authorization to practice, 1298
corporations, organizations, health care facilities and state or 1299
local governmental agencies to report to the board any conviction, 1300
determination or finding that a holder of a license or an 1301
authorization to practice has committed an act that constitutes 1302
unprofessional conduct, or to report information that indicates 1303
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that the holder of a license or an authorization to practice may 1304
not be able to practice his or her profession with reasonable 1305
skill and safety to consumers as a result of a mental, emotional 1306
or physical condition. If the entity fails to furnish a required 1307
report, the board may petition the circuit court of the county in 1308
which the entity resides or is found, and the court shall issue to 1309
the entity an order to furnish the required report. A failure to 1310
obey the order is a contempt of court. 1311
(6) A person is immune from civil liability, whether direct 1312
or derivative, for providing information to the board. 1313
(7) Upon the complaint of any citizen of this state, or upon 1314
its own motion, the board may investigate any alleged violation of 1315
this chapter. In the conduct of investigations, the board may 1316
take evidence; take the depositions of witnesses, including the 1317
person charged; compel the appearance of witnesses, including the 1318
person charged, before the board in person the same as in civil 1319
cases; require answers to interrogatories; and compel the 1320
production of books, papers, accounts, documents and testimony 1321
pertaining to the matter under investigation. 1322
(8) The board shall make available, upon request, written 1323
appeals procedures for anyone whose license or authorization to 1324
practice has been denied, suspended or revoked, and/or for anyone 1325
accused of violating any provisions of this chapter. 1326
(9) Any time the board intends to deny an application for 1327
licensure or an authorization to practice, or suspend or revoke an 1328
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existing license or authorization to practice, the board shall 1329
give the person an opportunity for a hearing before taking final 1330
action. 1331
SECTION 6. Section 73-67-21, Mississippi Code of 1972, is 1332
amended as follows: 1333
73-67-21. (1) It shall be the responsibility of a massage 1334
therapy establishment to verify the current license or 1335
authorization to practice of any and all persons practicing 1336
massage therapy at the location of or on behalf of the 1337
establishment. Failure to comply is subject to penalty assessed 1338
by the board of not less than Five Hundred Dollars ($500.00) and 1339
not more than One Thousand Dollars ($1,000.00) per offense. 1340
(2) No person may advertise massage or practice massage for 1341
compensation in this state unless he is licensed or holds an 1342
authorization to practice as a massage therapist by the board. No 1343
person may use the title of or represent himself to be a massage 1344
therapist or use any other title, abbreviations, letters, figures, 1345
signs or devices that indicate that the person is a massage 1346
therapist unless he is licensed to practice massage therapy or 1347
holds an authorization to practice under the provisions of this 1348
chapter. A current massage therapy license or authorization to 1349
practice issued by the board shall at all times be prominently 1350
displayed in any place where massage therapy is being practiced. 1351
(3) The following are requirements for licensure: 1352
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(a) An applicant must be eighteen (18) years of age, or 1353
older, on the date the application is submitted. 1354
(b) An application must provide proof of high school 1355
graduate equivalency. 1356
(c) An applicant must be of legal status not only to 1357
receive a license, but also to work in the State of Mississippi 1358
with that license. 1359
(d) An applicant must supply proof of current 1360
certification in cardiopulmonary resuscitation (CPR) and first aid 1361
of at least eight (8) hours of training, including practical 1362
testing, and supply documentation of familiarity with the 1363
Americans with Disabilities Act. 1364
(e) All required fees for licensure must be submitted 1365
by the applicant. 1366
(f) Any and all requirements regarding good moral 1367
character and competency, as provided for in this chapter and in 1368
accepted codes of ethics, shall be met. 1369
(g) An applicant must have completed an approved course 1370
on communicable diseases, including HIV/AIDS information and 1371
prevention. 1372
(h) The applicant's official and certified 1373
transcript(s) from the applicant's massage therapy school. The 1374
transcript must verify that the applicant has completed a 1375
board-approved training program of no less than the minimum 1376
requirement for massage therapy instruction and student clinic, 1377
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with a minimum grade requirement of "C" or better in every course 1378
of instruction, as stated for school requirements. 1379
(4) The following pre-act practitioners are exempt from 1380
having to take any examination for licensure, but must fulfill all 1381
other requirements as stated in this chapter, except for the 1382
requirements in subsection (3)(h) of this section: 1383
(a) Those having more than three hundred (300) 1384
documented, board-accepted hours of massage therapy education 1385
before January 1, 2001. 1386
(b) Those having more than five (5) years of 1387
professional massage therapy experience and a minimum of one 1388
hundred fifty (150) hours of approved massage therapy education. 1389
(c) Those having no formal training, but who have 1390
successfully passed the National Certification Examination for 1391
Therapeutic Massage and Bodywork. 1392
(d) All grandfathering exemption allowances as stated 1393
in this subsection (4) shall end on July 1, 2002, for nonstudents, 1394
and on June 1, 2003, for students who were enrolled in a part-time 1395
massage school curriculum on July 1, 2001. Individuals may apply 1396
for a license until the grandfathering exemption ends, but may not 1397
practice massage beyond the allowed grace period as provided for 1398
in Section 73-67-37 unless a valid massage therapy license or 1399
provisional permit is obtained. Except as provided in subsection 1400
(5) of this section, all other pre-act practitioners and anyone 1401
not practicing massage therapy before January 1, 2001, must take 1402
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and pass the licensure examination and follow the requirements in 1403
this chapter to practice massage therapy for compensation in 1404
Mississippi. 1405
(e) Students enrolled in a massage therapy curriculum 1406
of at least five hundred (500) hours on July 1, 2001, who complete 1407
graduation from the same curriculum. 1408
(5) Any person who has practiced massage therapy for a 1409
period of more than twenty-five (25) years before March 14, 2005, 1410
who is employed as a massage therapist by a YMCA or YWCA 1411
authorized and existing as a nonprofit corporation under the laws 1412
of this state on March 14, 2005, is exempt from having to take any 1413
examination for licensure, but must fulfill all other requirements 1414
as stated in this chapter, except for the requirements in 1415
subsection (3)(b), (d), (g) and (h) of this section. Persons 1416
exempt under this subsection may apply for a massage therapy 1417
license until January 1, 2006, but may not practice massage 1418
therapy after January 1, 2006, unless a valid license is obtained. 1419
(6) Certificates of registration issued by the board before 1420
July 1, 2008, shall remain valid as licenses until the next 1421
renewal period. 1422
(7) An applicant must have successfully been cleared for 1423
licensure or receiving an authorization to practice through an 1424
investigation that shall consist of a determination as to good 1425
moral character and verification that the prospective licensee is 1426
not guilty of or in violation of any statutory ground for denial 1427
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of licensure or holding an authorization to practice as set forth 1428
in Section 73-67-27. 1429
(a) To assist the board in conducting its licensure or 1430
authorization to practice investigation, all applicants shall 1431
undergo a fingerprint-based criminal history records check of the 1432
Mississippi central criminal database and the Federal Bureau of 1433
Investigation criminal history database. Each applicant shall 1434
submit a full set of the applicant's fingerprints in a form and 1435
manner prescribed by the board, which shall be forwarded to the 1436
Mississippi Department of Public Safety (department) and the 1437
Federal Bureau of Investigation Identification Division for this 1438
purpose. 1439
(b) Any and all state or national criminal history 1440
records information obtained by the board that is not already a 1441
matter of public record shall be deemed nonpublic and confidential 1442
information restricted to the exclusive use of the board, its 1443
members, officers, investigators, agents and attorneys in 1444
evaluating the applicant's eligibility or disqualification for 1445
licensure or authorization to practice, and shall be exempt from 1446
the Mississippi Public Records Act of 1983. Except when 1447
introduced into evidence in a hearing before the board to 1448
determine licensure or authorization to practice, no such 1449
information or records related thereto shall, except with the 1450
written consent of the applicant or by order of a court of 1451
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competent jurisdiction, be released or otherwise disclosed by the 1452
board to any other person or agency. 1453
(c) The board shall provide to the department the 1454
fingerprints of the applicant, any additional information that may 1455
be required by the department, and a form signed by the applicant 1456
consenting to the check of the criminal records and to the use of 1457
the fingerprints and other identifying information required by the 1458
state or national repositories. 1459
(d) The board shall charge and collect from the 1460
applicant, in addition to all other applicable fees and costs, 1461
such amount as may be incurred by the board in requesting and 1462
obtaining state and national criminal history records information 1463
on the applicant. 1464
SECTION 7. Section 73-67-27, Mississippi Code of 1972, is 1465
amended as follows: 1466
73-67-27. (1) The board may refuse to issue or renew or may 1467
deny, suspend or revoke any license or authorization to practice 1468
held or applied for under this chapter upon finding that the 1469
holder of a license or authorization to practice or applicant: 1470
(a) Is guilty of fraud, deceit or misrepresentation in 1471
procuring or attempting to procure any license or authorization to 1472
practice provided for in this chapter; 1473
(b) Attempted to use as his own the license or 1474
authorization to practice of another; 1475
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(c) Allowed the use of his license or authorization to 1476
practice by another; 1477
(d) Has been adjudicated as mentally incompetent by 1478
regularly constituted authorities; 1479
(e) Has been convicted of a crime, or has charges or 1480
disciplinary action pending that directly relates to the practice 1481
of massage therapy or to the ability to practice massage therapy. 1482
Any plea of nolo contendere shall be considered a conviction for 1483
the purposes of this section; 1484
(f) Is guilty of unprofessional or unethical conduct as 1485
defined by the code of ethics; 1486
(g) Is guilty of false, misleading or deceptive 1487
advertising, or is guilty of aiding or assisting in the 1488
advertising or practice of any unlicensed or unpermitted person in 1489
the practice of massage therapy; 1490
(h) Is grossly negligent or incompetent in the practice 1491
of massage therapy; 1492
(i) Has had rights, credentials or one or more 1493
license(s) to practice massage therapy or authorizations to 1494
practice revoked, suspended or denied in any jurisdiction, 1495
territory or possession of the United States or another country 1496
for acts of the licensee similar to acts described in this 1497
section. A certified copy of the record of the jurisdiction 1498
making such a revocation, suspension or denial shall be conclusive 1499
evidence thereof; or 1500
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(j) Has been convicted of any felony, other than a 1501
violation of federal or state tax laws. 1502
(2) Investigative proceedings may be implemented by a 1503
complaint by any person, including members of the board. 1504
(3) (a) Any person(s) found guilty of prostitution using as 1505
any advertisement, claim or insignia of being an actual licensed 1506
massage therapist or to be practicing massage therapy by using the 1507
word "massage" or any other description indicating the same, 1508
whether or not the person(s) have one or more license for the 1509
person(s) or establishment(s), shall be guilty of a misdemeanor, 1510
and upon conviction, shall be punished by a fine of not less than 1511
One Thousand Dollars ($1,000.00), nor more than Five Thousand 1512
Dollars ($5,000.00), or imprisonment of up to six (6) months, or 1513
both, per offense, per person. 1514
(b) Any person who knowingly participates in receiving 1515
illegal service(s) of any person found guilty as described in 1516
paragraph (a) of this subsection, upon conviction, shall be 1517
punished by a fine not exceeding Five Hundred Dollars ($500.00), 1518
or imprisonment for up to one (1) month, or both. Persons 1519
officially designated to investigate complaints are exempt. 1520
(c) Any person who violates any provision of this 1521
chapter, other than violation(s) of paragraph (a) of this 1522
subsection, is guilty of a misdemeanor, and upon conviction, shall 1523
be punished by a fine not exceeding Five Hundred Dollars 1524
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($500.00), or imprisonment for up to one (1) month in jail, or 1525
both, per offense. 1526
(d) The board, in its discretion, may assess and tax 1527
any part or all of the costs of any disciplinary proceedings 1528
conducted against either the accused, the charging party, or both, 1529
as it may elect. 1530
SECTION 8. Section 73-67-29, Mississippi Code of 1972, is 1531
amended as follows: 1532
73-67-29. (1) Any licensed massage therapist or massage 1533
therapist who holds an authorization to practice advertising by 1534
the use of radio, newspaper, television, electronic media, flyers, 1535
business cards, phone book or any other means shall include 1536
legibly, or clearly audible, the massage therapy license or 1537
authorization to practice number issued to the therapist(s) on 1538
and/or with that advertising. Massage establishments with six (6) 1539
or more licensed massage therapists or massage therapists who hold 1540
an authorization to practice shall be exempt from this provision 1541
provided that the therapy or service is performed by person(s) 1542
licensed or massage therapist(s) who holds an authorization to 1543
practice under this chapter. 1544
(2) Any and all advertising of the licensed massage 1545
therapist or massage therapist who holds an authorization to 1546
practice shall be of a professional and ethical nature and shall 1547
not be attached to or identified with any pornographic or other 1548
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establishment that may be construed as unprofessional and/or 1549
unethical in the practice of professional massage therapy. 1550
(3) No practice of, or advertisement by any means of, any 1551
type of therapy involving soft tissue movement by the use of any 1552
body part, instrument(s) or device(s), or any term that may be 1553
interpreted to involve massage, shiatsu, acupressure, oriental, 1554
Eastern or Asian massage techniques, spa, rub, or therapeutic 1555
touch, shall be allowed unless that therapy is performed by 1556
person(s) who are licensed, hold an authorization to practice or 1557
are exempt as stated in this chapter. 1558
(4) Providing information concerning continuing education of 1559
massage therapy shall not constitute advertising as that term is 1560
used in this section. National massage publications and 1561
out-of-state instruction/education/information materials are 1562
exempt. 1563
(5) The advertising of any designation of massage, including 1564
the word "Swedish" (as used in this context), shall not be allowed 1565
in conjunction with any other term that the board finds 1566
questionable. Questionable terms may include "bath," "shampoo" 1567
and "escort." 1568
(6) Massage schools that advertise for student clinic, or 1569
any other type of student massage, must conspicuously include the 1570
respective words "student massage" within the advertisement. 1571
(7) Advertisers shall obtain the license or authorization to 1572
practice number from each massage therapist before entering into 1573
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an agreement or contract to advertise any form of massage therapy 1574
as stated in this chapter. The license or authorization to 1575
practice number(s) shall be part of the actual advertisement. 1576
Massage establishments with six (6) or more licensed massage 1577
therapists or massage therapists who hold an authorization to 1578
practice shall be exempt from this provision provided that the 1579
therapy or service is performed by person(s) licensed or massage 1580
therapist(s) who hold an authorization to practice under this 1581
chapter. 1582
SECTION 9. Section 73-67-31, Mississippi Code of 1972, is 1583
amended as follows: 1584
73-67-31. (1) All licensed massage therapists and massage 1585
therapists who hold an authorization to practice shall: 1586
(a) Perform only those services for which they are 1587
qualified and which represent their training and education; 1588
(b) Acknowledge their professional limitations and 1589
refer the client to an appropriate health professional when 1590
necessary, in cases where massage may be or is contraindicated; 1591
(c) Recognize and respect the rights of all ethical 1592
practitioners and cooperate with health professionals in a 1593
professional manner; 1594
(d) Obtain and keep an overview or profile of the 1595
client's state of being and health history and discuss any problem 1596
areas that may contraindicate massage; 1597
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(e) Keep accurate and up-to-date records regarding a 1598
client's condition before and after massage therapy session in 1599
cases of a client being treated for a specific condition. Public, 1600
sports and on-site seated massage sessions are exempt from 1601
documentation; sports massage sessions are exempt from post-event 1602
documentation; 1603
(f) Provide sensitive attention and response to 1604
client's comfort levels for pressure and touch, and shall not 1605
cause bruising with any regularity; 1606
(g) Maintain clear and honest communications with their 1607
clients, and acknowledge the confidential nature of the 1608
professional relationship with a client and respect rights to 1609
privacy; 1610
(h) Abide by all laws that pertain to their work as a 1611
massage therapist; 1612
(i) In no way instigate or tolerate any kind of sexual 1613
advance while acting in the capacity of a massage therapist; 1614
(j) Provide and use draping to cover all genitalia; 1615
(k) Clean/disinfect his hands immediately before each 1616
massage session and/or use medical gloves. 1617
(2) No massage therapist shall diagnose or prescribe 1618
medicine, drugs or treatment. 1619
SECTION 10. Section 73-67-35, Mississippi Code of 1972, is 1620
amended as follows: 1621
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73-67-35. (1) To obtain a massage therapy license, an 1622
applicant must submit to the board the applicant's official and 1623
certified transcript(s) from the applicant's massage therapy 1624
school. The transcript must verify that the applicant has 1625
completed a board-approved training program of not less than five 1626
hundred fifty (550) hours of massage therapy instruction, and at 1627
least fifty (50) hours of student clinic, with a minimum grade 1628
requirement of "C" or better in every course of instruction, in 1629
the following subjects: 1630
(a) Two hundred (200) hours in massage theory and 1631
practicum; 1632
(b) Two hundred (200) hours in science of the human 1633
body; 1634
(c) One hundred fifty (150) hours in allied modalities; 1635
and 1636
(d) Fifty (50) hours in supervised student clinic. 1637
(2) "Massage theory and practicum" must include a minimum of 1638
the following classroom hours in the specified subject areas: 1639
(a) Ten (10) hours in legalities including Mississippi 1640
massage law and ethics; 1641
(b) Twenty (20) hours in history, benefits, indications 1642
and contraindications; 1643
(c) One hundred (100) hours in massage demonstration 1644
and supervised practice, which must include, but is not limited 1645
to, client evaluation, stroking, kneading, stretching, friction, 1646
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percussion, vibration, range of motion, approved hand-held tools 1647
and devices designated as t-bars or knobbies, and draping and 1648
turning; and 1649
(d) The remaining seventy (70) hours may expand on any 1650
or all of the previous three (3) subject areas and/or be related 1651
to practical massage. 1652
(3) "Science of the human body" must include a minimum of 1653
the following classroom hours in the specified subject areas: 1654
(a) Twenty (20) hours in anatomy, including all body 1655
systems; 1656
(b) Twenty (20) hours in physiology, including all body 1657
systems; 1658
(c) Twenty (20) hours in myology/kinesiology; 1659
(d) Twenty (20) hours in neurology; 1660
(e) Twenty (20) hours in pathology, including medical 1661
terminology; and 1662
(f) The remaining * * * one hundred (100) hours may 1663
expand on any or all of the previous six (6) subject areas and/or 1664
be related to the science of the human body. 1665
(4) "Allied modalities" must include, but are not limited 1666
to, a minimum of the following classroom hours in the specified 1667
subject areas: 1668
(a) Seven (7) hours in Eastern, European and Western 1669
theory/methods; 1670
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(b) Eight (8) hours in cardiopulmonary resuscitation 1671
(CPR) and first aid; 1672
(c) Ten (10) hours in charting and documentation; 1673
(d) Twenty-five (25) hours in hydrotherapy and infrared 1674
heat; 1675
(e) Twenty (20) hours in referral methods within the 1676
health care system; and 1677
(f) The remaining * * * eighty (80) hours may expand on 1678
any or all of the previous five (5) subject areas, including the 1679
Americans with Disabilities Act, and/or be devoted to any approach 1680
to massage therapy and wellness, such as trigger points, 1681
management, communication, safety, oriental or Eastern massage 1682
techniques and specialized populations. Schools with a temporary 1683
or probationary board status license must include a comprehensive 1684
review class of no less than sixteen (16) hours and three (3) 1685
hours to sit for and pass the board comprehensive exam. 1686
(5) "Student clinic" must include at least fifty (50) 1687
practical hands-on one-hour massage therapy sessions to be 1688
evaluated on documents filed and kept on record at the school for 1689
a minimum of six (6) months. These evaluations are to be 1690
completed by the clients of the massage therapy sessions and shall 1691
include the client's name, address, reason for session, 1692
indications and contraindications, date and signature. Each 1693
completed session shall constitute one (1) hour of student clinic. 1694
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The hands-on session must be supervised by an instructor, board 1695
licensed in the area being supervised. 1696
(6) A massage therapy program shall not operate in the State 1697
of Mississippi unless it meets the minimum standards of curriculum 1698
for licensure as stated in this chapter. Massage schools and 1699
massage curriculums for licensure preparation must obtain a 1700
national accreditation from such agencies as the Commission on 1701
Massage Therapy Accreditation or programs with the same or greater 1702
requirements. Existing massage schools will have five (5) years 1703
from July 1, 2001, to obtain that accreditation. New massage 1704
schools will have five (5) years from the opening of the massage 1705
school to show conformance with the accreditation requirements. 1706
An existing accredited massage school that loses its accreditation 1707
will have three (3) years from the date of loss of its 1708
accreditation to show conformance with the accreditation 1709
requirements. 1710
(7) No massage therapy program shall consist of more than 1711
forty (40) in-class clock hours per week. 1712
(8) Hours credited through transfer credit shall not be 1713
recognized by the board unless the following transfer standards 1714
are met: 1715
(a) The school shall be provided with a certified 1716
transcript from a school licensed or approved in that state; 1717
(b) Courses for which credit is granted shall parallel 1718
in content and intensity to the course offered by the school; 1719
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(c) Documentation of previous training shall be 1720
included in each student's permanent file. 1721
(9) Private business and vocational schools that have 1722
obtained national accreditation from an accrediting agency 1723
designated by the United States Department of Education may submit 1724
evidence of current accreditation in lieu of other application 1725
requests. Applications submitted on evidence of national 1726
accreditation must be approved or denied within sixty (60) days 1727
after receipt. If no action is taken within sixty (60) days, the 1728
application shall be deemed approved and a massage therapy license 1729
must be issued. 1730
SECTION 11. This act shall take effect and be in force from 1731
and after July 1, 2026. 1732