Clarify the professionals that may perform massage therapy

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 744

2025-2026

Representative Schmidt

To
amend sections 503.40, 503.41, 503.42
,
503.44
,
503.45
,
503.46
,
503.47
,
503.48, 503.49
,
2927.17, 4731.04, 4731.15, 4731.41, and 4731.99 of the Revised Code
to
clarify
the professionals that may perform massage therapy.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 503.40, 503.41, 503.42
,
503.44
,
503.45
,
503.46
,
503.47
,
503.48, 503.49
,
2927.17, 4731.04, 4731.15, 4731.41, and 4731.99 of the Revised Code
be amended to read as follows:

Sec.
503.40.
As
used in sections 503.40 to 503.49 of the Revised Code:

(A)
"Massage

therapy
"

means any method of exerting pressure on, stroking, kneading,
rubbing, tapping, pounding, vibrating, or stimulating the external
soft tissue of the body with the hands, or with the aid of any
mechanical or electrical apparatus or appliance

has the same meaning as in section 4731.04 of the Revised Code
.

(B)
"Massage establishment" means any fixed place of business
where
a
person offers massages
massage
therapy is provided
:

(1)
In exchange for anything of value; or

(2)
In connection with the provision of another legitimate service.

(C)

"Masseur"
or "masseuse"
"Massager"

means any individual who

has obtained a license from a board of township trustees as provided
in section 503.45 and who

performs
massages

massage
therapy
at
a massage establishment.

(D)
"Sexual or genital area" includes the genitalia, pubic
area, anus, perineum of any person, and the breasts of a female.

Sec.
503.41.
(A)
A board of township trustees, by resolution, may regulate and require
the registration of massage establishments and their employees within
the unincorporated territory of the township. In accordance with
sections 503.40 to 503.49 of the Revised Code, for that purpose, the
board, by a majority vote of all members, may adopt, amend,
administer, and enforce regulations within the unincorporated
territory of the township.

(B)
A board may adopt regulations and amendments under this section only
after public hearing at not fewer than two regular sessions of the
board. The board shall publish notice of the public hearings,
including the time, date, and place, once a week for two weeks
immediately preceding the hearings using at least one of the
following methods:

(1)
In the print or digital edition of a newspaper of general circulation
in the township;

(2)
On the official public notice web site established under section
125.182 of the Revised Code;

(3)
On the web site and social media account of the township.

The
board shall make available proposed regulations or amendments to the
public at the office of the board.

(C)
Regulations or amendments adopted by the board are effective thirty
days after the date of adoption unless, within thirty days after the
adoption of the regulations or amendments, the township fiscal
officer receives a petition, signed by a number of qualified electors
residing in the unincorporated area of the township equal to not less
than ten per cent of the total vote cast for all candidates for
governor in the area at the most recent general election at which a
governor was elected, requesting the board to submit the regulations
or amendments to the electors of the area for approval or rejection
at the next primary or general election occurring at least ninety
days after the board receives the petition.

No
regulation or amendment for which the referendum vote has been
requested is effective unless a majority of the votes cast on the
issue is in favor of the regulation or amendment. Upon certification
by the board of elections that a majority of the votes cast on the
issue was in favor of the regulation or amendment, the regulation or
amendment takes immediate effect.

(D)
The board shall make available regulations it adopts or amends to the
public at the office of the board and shall cause to be published
once a notice of the availability of the regulations within ten days
after their adoption or amendment, using at least one of the
following methods:

(1)
In the print or digital edition of a newspaper of general circulation
in the township;

(2)
On the official public notice web site established under section
125.182 of the Revised Code;

(3)
On the web site and social media account of the township.

(E)
Nothing in sections 503.40 to 503.49 of the Revised Code shall be
construed to allow a board of township trustees
toregulate

to
regulate
the
practice of any limited branch of medicine specified in section
4731.15 of the Revised Code or the practice of providing
therapeutic

massage

therapy

by
a
licensed
physician, a licensed chiropractor, a licensed podiatrist, a licensed
nurse, or any other licensed health professional
person
who meets the conditions specified in division (F) of that section
.

As
used in this division, "licensed" means licensed,
certified, or registered to practice in this state.

(F)
If a township adopts regulations to require the registration of
massage establishments and their employees, the township shall comply
with Chapter 4796. of the Revised Code.

Sec.
503.42.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code:

(A)
No person shall engage in, conduct or carry on, or permit to be
engaged in, conducted or carried on in the unincorporated areas of
the township, the operation of

a
massage establishment without first having obtained a permit from the
board of township trustees as provided in section 503.43 of the
Revised Code.

(B)
No individual shall act as a
masseur
or masseuse
massager

for
a massage establishment located in the unincorporated areas of the
township without first having obtained a license from the board of
township trustees as provided in section 503.45 of the Revised Code.

(C)
No owner or operator of a massage establishment located in the
unincorporated areas of the township shall knowingly do any of the
following:

(1)
Employ an unlicensed
masseur
or masseuse
massager
;

(2)
Refuse to allow appropriate state or local authorities, including
police officers, access to the massage establishment for any health
or safety inspection conducted pursuant to a regulation adopted by
the township under section 503.41 of the Revised Code;

(3)
Operate during the hours designated as prohibited hours of operation
by the board of township trustees;

(4)
Employ any person under the age of eighteen.

(D)
No person employed in a massage establishment located in the
unincorporated area of the township shall knowingly do any of the
following in the performance of duties at the massage establishment:

(1)
Place his or her hand upon, touch with any part of his or her body,
fondle in any manner, or massage the sexual or genital area of any
other person;

(2)
Perform, offer, or agree to perform any act which would require the
touching of the sexual or genital area of any other person;

(3)
Touch, offer, or agree to touch the sexual or genital area of any
other person with any mechanical or electrical apparatus or
appliance;

(4)
Wear unclean clothing, no clothing, transparent clothing, or clothing
that otherwise reveals the sexual or genital areas of the
masseur
or masseuse
massager
;

(5)
Uncover or allow the sexual or genital area of any other person to be
uncovered while providing
massages
massage
therapy
.

(E)
No licensed
masseur
or masseuse
massager

shall
accept or continue employment at a massage establishment that does
not have a current, valid permit issued by the board of township
trustees.

Sec.
503.44.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code, it shall deny any application for a
permit to operate a massage establishment or revoke a previously
issued permit, for any of the following reasons:

(A)
Falsification of any of the information required for the application
or failure to fully complete the application;

(B)
Failure to cooperate with any required health or safety inspection;

(C)
Any one of the persons named on the application is under the age of
eighteen;

(D)
Any one of the persons named on the application has been convicted of
or pleaded guilty to any violation of Chapter 2907. of the Revised
Code, or
any

violation of any municipal ordinance that is substantially equivalent
to any offense contained in Chapter 2907. of the Revised Code, within
five years preceding the application;

(E)
Any
masseur
or masseuse
massager

employed at the licensed massage establishment has been convicted of
or pleaded guilty to a violation of division (D) of section 503.42 of
the Revised Code.

Sec.
503.45.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code, the application for a license as a
massager shall be made to the board and shall include the following:

(A)
An initial, nonrefundable filing fee of one hundred dollars and an
annual nonrefundable renewal fee of fifty dollars;

(B)
The results of a physical examination performed by a licensed
physician, a physician assistant, a clinical nurse specialist, a
certified nurse practitioner, or a certified nurse-midwife within
thirty days of the application certifying that the applicant is free
from communicable diseases;

(C)
The full name, date of birth, address, and social security number of
the applicant;

(D)

Evidence
that the applicant holds a current, valid license to practice massage
therapy issued by the state medical board under section 4731.15 of
the Revised Code;

(E)

The
results of an investigation by appropriate police agencies into the
criminal record of the applicant, including a photograph taken no
later than thirty days prior to the application, fingerprints, and
background investigation;

(E)
(F)

Any other information determined by the board to be necessary.

A
license issued under this section to a massager shall expire one year
after the date of issuance, except that no massager shall be required
to discontinue performing
massages

massage
therapy
because
of the failure of the board to act on a renewal application filed in
a timely manner and pending before the board on the expiration date
of the person's license. Each license shall contain the full name of
the applicant, a color photograph and a brief description of the
person, and the expiration date of the license.

Sec.
503.46.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code, it shall deny the application for
a
masseur or masseuse license
licensure
as a massager
or
revoke a previously issued license for any of the following reasons:

(A)
Falsification of any of the information required for the application
or failure to fully complete the application;

(B)

Failure
to maintain a current, valid license to practice massage therapy
issued by the state medical board under section 4731.15 of the
Revised Code;

(C)

The
applicant is under the age of twenty-one.

(C)
(D)

The applicant has been convicted of or pleaded guilty to any
violation of Chapter 2907. of the Revised Code, or violation of any
municipal ordinance that is substantially equivalent to any offense
contained in Chapter 2907. of the Revised Code, within five years
preceding the application.

(D)
(E)

The applicant has been convicted of or pleaded guilty to a violation
of division (D) of section 503.42 of the Revised Code.

Sec.
503.47.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code, the regulations adopted for that purpose
may require any of the following:

(A)
A massage establishment to display its current permit in an area open
to the public;

(B)
Each massager to display the massager's license at all times in the
areas where the licensee is providing
massages
massage
therapy
;

(C)
Massage establishments to undergo periodic health and safety
inspections to determine continual compliance with applicable health
and safety codes;

(D)
Massagers to undergo periodic physical examinations performed by a
licensed physician, a physician assistant, a clinical nurse
specialist, a certified nurse practitioner, or a certified
nurse-midwife certifying that the massager continues to be free from
communicable diseases;

(E)
Any other requirement reasonably thought necessary by the board.

Sec.
503.48.
A
board of township trustees acting under sections 503.40 to 503.49 of
the Revised Code need not hold any hearing in connection with an
order denying or revoking a permit to operate a massage establishment
or
masseur
or masseuse
massager

license. The board shall maintain a complete record of each
proceeding and shall notify the applicant in writing of its order.
Any person adversely affected by an order of the board denying or
revoking a permit to operate a massage establishment or
masseur
or masseuse
massager

license may appeal from the order of the board to the court of common
pleas of the county in which the township is located, the place of
business of the permit holder is located, or the person is a
resident. The appeal shall be in accordance with Chapter 2506. of the
Revised Code.

Sec.
503.49.
If
a board of township trustees has adopted a resolution under section
503.41 of the Revised Code, the board shall deposit the fees
collected by the township for massage establishment permits and

masseur
and masseuse
massager

licenses
in the township general fund and first use the fees for the cost of
administering and enforcing regulations adopted under section 503.41
of the Revised Code.

Sec.
2927.17.
(A)
No person, by means of a statement, solicitation, or offer in a print
or electronic publication, sign, placard, storefront display, or
other medium, shall advertise massage

therapy
,
relaxation massage, any other massage technique or method, or any
related service, with the suggestion or promise of sexual activity.

(B)

No
person, by means of a statement, solicitation, or offer in a print or
electronic publication, sign, placard, storefront display, or other
medium, shall advertise massage therapy, relaxation massage, any
other massage technique or method, or any related service unless the
service is to be performed by a person who is licensed by the state
medical board as a massage therapist in accordance with Chapter 4731.
of the Revised Code or who meets the conditions specified in division
(F) of section 4731.15 of the Revised Code.

(C)(1)

Whoever
violates
division
(A) of
this
section is guilty of
unlawful

advertising

of

a
sexual
massage,
a misdemeanor of the first degree.

(C)
(2)
Whoever violates division (B) of this section is guilty of
advertising an unlicensed massage, a misdemeanor of the fourth degree
on a first offense and a misdemeanor of the third degree on each
subsequent offense.

(D)

Nothing in this section prevents the legislative authority of a
municipal corporation or township from enacting any regulation of the
advertising of massage further than and in addition to the provisions
of divisions (A)

and
,

(B)
,
and (C)

of this section.

(D)
(E)

As used in this section
,
"sexual
:

(1)
"Massage therapy" has the same meaning as in section
4731.04 of the Revised Code.

(2)
"Sexual
activity"
has the same meaning as in section 2907.01 of the Revised Code.

Sec.
4731.04.
As
used in this chapter:

(A)
"Fifth pathway training" means supervised clinical training
obtained in the United States as a substitute for the internship or
social service requirements of a foreign medical school.

(B)
"Graduate medical education" means education received
through any of the following:

(1)
An internship, residency, or clinical fellowship program conducted in
the United States and accredited by either the accreditation council
for graduate medical education of the American medical association or
the American osteopathic association;

(2)
A clinical fellowship program that is not accredited as described in
division (B)(1) of this section, but is conducted in the United
States at an institution with a residency program that is accredited
as described in that division and is in a clinical field the same as
or related to the clinical field of the fellowship program;

(3)
An internship program conducted in Canada and accredited by the
committee on accreditation of preregistration physician training
programs of the federation of provincial medical licensing
authorities of Canada;

(4)
A residency program conducted in Canada and accredited by either the
royal college of physicians and surgeons of Canada or the college of
family physicians of Canada.

(C)
"Massage therapy" means the
treatment
of disorders of the human body by the
manipulation
of soft tissue through the systematic external application of massage
techniques including touch
,
exerting pressure on
,

stimulating
with the hands,
stroking,
friction, vibration, percussion, kneading, stretching, compression,

and

rubbing,
tapping, pounding, and
joint
movements within the normal physiologic range of motion; and
adjunctive thereto, the external application of water, heat, cold,
topical preparations,
and

mechanical
devices
,
and electrical apparatuses or appliances
.

Sec.
4731.15.
(A)
The state medical board also shall regulate the following limited
branches of medicine: massage therapy, and to the extent specified in
section 4731.151 of the Revised Code, naprapathy and mechanotherapy.
The board shall adopt rules governing the limited branches of
medicine under its jurisdiction. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.

(B)
A license to practice a limited branch of medicine issued by the
state medical board is valid for a two-year period unless revoked or
suspended and expires on the date that is two years after the date of
issuance. The license may be renewed for additional two-year periods
in accordance with division (C) of this section.

(C)
Both of the following apply with respect to the renewal of licenses
to practice a limited branch of medicine:

(1)
Each person seeking to renew a license to practice a limited branch
of medicine shall apply for biennial renewal with the state medical
board in a manner prescribed by the board. An applicant for renewal
shall pay a biennial renewal fee of one hundred dollars.

(2)
At least one month before a license expires, the board shall provide
a renewal notice to the license holder.

(D)
All persons who hold a license to practice a limited branch of
medicine issued by the state medical board shall provide the board
notice of any change of address. The notice shall be submitted to the
board not later than thirty days after the change of address.

(E)
A license to practice a limited branch of medicine shall be
automatically suspended if the license holder fails to renew the
license in accordance with division (C) of this section. Continued
practice after the suspension of the license to practice shall be
considered as practicing in violation of sections 4731.34 and 4731.41
of the Revised Code.

If
a license has been suspended pursuant to this division for two years
or less, it may be reinstated. The board shall reinstate the license
upon an applicant's submission of a renewal application and payment
of a reinstatement fee of one hundred twenty-five dollars.

If
a license has been suspended pursuant to this division for more than
two years, it may be restored. Subject to section 4731.222 of the
Revised Code, the board may restore the license upon an applicant's
submission of a restoration application and a restoration fee of one
hundred fifty dollars and compliance with sections 4776.01 to 4776.04
of the Revised Code. The board shall not restore to an applicant a
license to practice unless the board, in its discretion, decides that
the results of the criminal records check do not make the applicant
ineligible for a license issued pursuant to section 4731.17 of the
Revised Code.

(F)
The following persons are not required to hold a license to practice
massage therapy issued under this chapter:

(1)
A person authorized to practice under Chapter 4709., 4713., 4723.,
4730., 4734., 4755., or 4762. of the Revised Code, provided that the
scope of practice authorizes the person to use massage techniques and
the massage techniques are performed by the person in the course of
and at the location of the person's practice of the authorized
profession;

(2)
An enrolled student practicing massage therapy as part of a program
of study at a school, college, or institution in good standing as
determined by the board in accordance with division (A) of section
4731.16 of the Revised Code.

Sec.
4731.41.
(A)

No

Except
as provided in division (F) of section 4731.15 of the Revised Code,
no
person
shall practice medicine and surgery, or any of its branches, without
the appropriate license or certificate from the state medical board
to engage in the practice. No person shall advertise or claim to the
public to be a practitioner of medicine and surgery, or any of its
branches, without a license or certificate from the board. No person
shall open or conduct an office or other place for such practice
without a license or certificate from the board. No person shall
conduct an office in the name of some person who has a license or
certificate to practice medicine and surgery, or any of its branches.
No person shall practice medicine and surgery, or any of its
branches, after the person's license or certificate has been revoked,
or, if suspended, during the time of such suspension.

A
license or certificate signed by the secretary of the board to which
is affixed the official seal of the board to the effect that it
appears from the records of the board that no such license or
certificate to practice medicine and surgery, or any of its branches,
in this state has been issued to the person specified therein, or
that a license or certificate to practice, if issued, has been
revoked or suspended, shall be received as prima-facie evidence of
the record of the board in any court or before any officer of the
state.

(B)
No license or certificate from the state medical board is required by
a physician who comes into this state to practice medicine at a
free-of-charge camp accredited by the SeriousFun children's network
that specializes in providing therapeutic recreation, as defined in
section 2305.231 of the Revised Code, for individuals with chronic
illnesses as long as all of the following apply:

(1)
The physician provides documentation to the medical director of the
camp that the physician is licensed and in good standing to practice
medicine in another state;

(2)
The physician provides services only at the camp or in connection
with camp events or camp activities that occur off the grounds of the
camp;

(3)
The physician receives no compensation for the services;

(4)
The physician provides those services within this state for not more
than thirty days per calendar year;

(5)
The camp has a medical director who holds an unrestricted license to
practice medicine issued in accordance with division (A) of this
section.

(C)
Division (A) of this section does not apply to a person who meets
both of the following conditions:

(1)
The person holds in good standing a valid license to practice
medicine and surgery issued by another state.

(2)
The person is practicing as a volunteer without remuneration during a
charitable event that lasts not more than seven days.

When
a person meets the conditions of this division, the person shall be
deemed authorized by the state medical board, during the course of
the charitable event, to practice medicine and surgery and shall be
subject to the provisions of this chapter authorizing the board to
take disciplinary action against a physician. Not less than seven
calendar days before the first day of the charitable event, the
person or the event's organizer shall notify the board of the
person's intent to practice medicine and surgery at the event. During
the course of the charitable event, the person's scope of practice is
limited to the procedures that a physician authorized under this
chapter to practice medicine and surgery is authorized to perform
unless the person's scope of practice in the other state is more
restrictive than in this state. If the latter is the case, the
person's scope of practice is limited to the procedures that a
physician in the other state may perform.

Sec.
4731.99.
(A)
Whoever violates section 4731.41
,

of
the Revised Code, if the violation does not pertain to the practice
of massage therapy, is guilty of a felony of the fifth degree on a
first offense and a felony of the fourth degree on each subsequent
offense.

(B)
Whoever violates section 4731.41 of the Revised Code, if the
violation pertains to the practice of massage therapy, is guilty of a
misdemeanor of the first degree on a first offense and a felony of
the fourth degree on each subsequent offense.

(C)
Whoever violates section
4731.43
,

or 4731.60 of the Revised Code is guilty of a felony of the fifth
degree on a first offense and a felony of the fourth degree on each
subsequent offense.

(B)
(D)

Whoever violates section 4731.49, 4731.50, or 4731.81 of the Revised
Code is guilty of a misdemeanor of the fourth degree on a first
offense and a misdemeanor of the first degree on each subsequent
offense.

(C)
(E)

Whoever violates section 4731.46 or 4731.47 of the Revised Code is
guilty of a felony of the fifth degree.

(D)
(F)

Whoever violates section 4731.48 of the Revised Code is guilty of a
misdemeanor of the fourth degree.

(E)(1)
(G)(1)

Whoever violates division (B)(1), (C)(1), (C)(2), (D), or (E) of
section 4731.224 of the Revised Code is guilty of a minor misdemeanor
on a first offense and a misdemeanor of the fourth degree on each
subsequent offense, except that an individual guilty of a subsequent
offense shall not be subject to imprisonment, but to a fine alone of
up to one thousand dollars for each offense.

(2)
Whoever violates division (B)(2) or (C)(3) of section 4731.224 of the
Revised Code is guilty of a misdemeanor of the fourth degree on a
first offense and a misdemeanor of the first degree on each
subsequent offense.

(F)
(H)

Whoever violates section 4731.481 of the Revised Code is guilty of a
misdemeanor of the first degree.

(G)
(I)

Whoever violates division (F)(5) of section 4731.22 of the Revised
Code is guilty of a misdemeanor of the first degree.

Section
2.
That
existing sections 503.40, 503.41, 503.42
,
503.44
,
503.45
,
503.46
,
503.47
,
503.48, 503.49
,
2927.17, 4731.04, 4731.15, 4731.41, and 4731.99 of the Revised Code
are hereby repealed.