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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1606 By: Gise
AS INTRODUCED
An Act relating to professions and occupations;
establishing the Oklahoma Massage Therapy Board;
amending 59 O.S. 2021, Section 4200.2, which relates
to definitions; amending 59 O.S. 2021, Section
4200.3, which relates to requirements to practice
massage therapy; amending 59 O.S. 2021, Section
4200.4, which relates to board authority; amending 59
O.S. 2021, Section 4200.5, which relates to license
requirements; amending 59 O.S. 2021, Section 4200.6,
which relates to assigning and transferring licenses;
amending 59 O.S. 2021, Section 4200.8, which relates
to license examination; amending 59 O.S. 2021,
Section 4200.9, which relates to out of state license
holders; amending 59 O.S. 2021, Section 4200.11,
which relates to disciplinary actions and
proceedings; amending 59 O.S. 2021, Section 4200.12,
which relates to immunity from liability; amending 59
O.S. 2021, Section 4200.13, which relates to
violations; modifying terms; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.1a of Title 59, unless
there is created a duplication in numbering, reads as follows:
The Oklahoma Massage Therapy Board is hereby established to
carry out the duties and responsibilities of this act.
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SECTION 2. AMENDATORY 59 O.S. 2021, Section 4200.2, is
amended to read as follows:
Section 4200.2. As used in the Massage Therapy Practice Act:
1. "Board" means the State Board of Cosmetology and Barbering
Oklahoma Massage Therapy Board;
2. "Direct access" means the ability that the public has to
seek out treatment by a massage therapist without the direct
referral from a medical or health care professional;
3. "Massage therapist" means an individual who practices
massage or massage therapy and is licensed under the Massage Therapy
Practice Act. A massage therapist uses visual, kinesthetic, and
palpatory skills to assess the body and may evaluate a condition to
the extent of determining whether massage is indicated or
contraindicated;
4. "Massage therapy" means the skillful treatment of the soft
tissues of the human body. Massage is designed to promote general
relaxation, improve movement, relieve somatic and muscular pain or
dysfunction, stress and muscle tension, provide for general health
enhancement, personal growth, education and the organization,
balance and integration of the human body and includes, but is not
limited to:
a. the use of touch, pressure, friction, stroking,
gliding, percussion, kneading, movement, positioning,
holding, range of motion and nonspecific stretching
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within the normal anatomical range of movement, and
vibration by manual or mechanical means with or
without the use of massage devices that mimic or
enhance manual measures, and
b. the external application of ice, heat and cold packs
for thermal therapy, water, lubricants, abrasives and
external application of herbal or topical preparations
not classified as prescription drugs; and
5. "Massage therapy school" means a facility providing
instruction in massage therapy.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 4200.3, is
amended to read as follows:
Section 4200.3. A. Unless a person is a licensed massage
therapist, a person shall not:
1. Use the title of massage therapist;
2. Represent himself or herself to be a massage therapist;
3. Use any other title, words, abbreviations, letters, figures,
signs or devices that indicate the person is a massage therapist; or
4. Utilize the terms "massage", "massage therapy" or "massage
therapist" when advertising or printing promotional material.
B. A person shall not maintain, manage or operate a massage
therapy school offering education, instruction or training in
massage therapy unless the school is a licensed massage therapy
school pursuant to Section 7 of this act.
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C. Individuals practicing massage therapy under the Massage
Therapy Practice Act shall not perform any of the following:
1. Diagnosis of illness or disease;
2. High-velocity, low-amplitude thrust;
3. Electrical stimulation;
4. Application of ultrasound;
5. Use of any technique that interrupts or breaks the skin; or
6. Prescribing of medicines.
D. Nothing in the Massage Therapy Practice Act shall be
construed to prevent:
1. Qualified members of other recognized professions who are
licensed or regulated under Oklahoma law from rendering services
within the scope of the license of the person, provided the person
does not represent himself or herself as a massage therapist. A
physician or other licensed health care provider providing health
care services within the scope of practice of the physician or
provider shall not be required to be licensed by or registered with
the State Board of Cosmetology and Barbering Oklahoma Massage
Therapy Board;
2. Students from rendering massage therapy services within the
course of study when enrolled at a licensed massage therapy school;
3. Visiting massage therapy instructors from another state or
territory of the United States, the District of Columbia or any
foreign nation from teaching massage therapy, provided the
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instructor is duly licensed or registered, if required, and is
qualified in the instructor's place of residence for the practice of
massage therapy;
4. Any nonresident person holding a current license,
registration or certification in massage therapy from another state
or recognized national certification system determined as acceptable
by the Board when temporarily present in this state from providing
massage therapy services as a part of an emergency response team
working in conjunction with disaster relief officials or at special
events such as conventions, sporting events, educational field
trips, conferences, traveling shows or exhibitions;
5. Physicians or other health care professionals from
appropriately referring to duly licensed massage therapists or limit
in any way the right of direct access of the public to licensed
massage therapists; or
6. The practice of any person in this state who uses touch,
words and directed movement to deepen awareness of existing patterns
of movement in the body as well as to suggest new possibilities of
movement while engaged within the scope of practice of a profession
with established standards and ethics, provided that the services
are not designated or implied to be massage or massage therapy.
Practices shall include but are not limited to the Feldenkrais
Method of somatic education, Rolf Movement Integration by the Rolf
Institute, the Trager Approach of movement education, and Body-Mind
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Centering. Practitioners shall be recognized by or meet the
established standards of either a professional organization or
credentialing agency that represents or certifies the respective
practice based on a minimal level of training, demonstration of
competency, and adherence to ethical standards.
E. A physician or other licensed health care provider providing
health care services within their scope of practice shall not be
required to be licensed or registered with the State Board of
Cosmetology Oklahoma Massage Therapy Board.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 4200.4, is
amended to read as follows:
59-4200.4 A. The State Board of Cosmetology and Barbering
Oklahoma Massage Therapy Board is hereby authorized to adopt and
promulgate rules pursuant to the Administrative Procedures Act that
are necessary for the implementation and enforcement of the Massage
Therapy Practice Act, including, but not limited to, qualifications
for licensure, renewals, reinstatements, and continuing education
requirements.
B. The State Board of Cosmetology and Barbering Oklahoma
Massage Therapy Board is hereby empowered to perform investigations,
to require the production of records and other documents relating to
practices regulated by the Massage Therapy Practice Act, and to seek
injunctive relief.
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C. There is hereby created an Advisory Board on Massage
Therapy. The Advisory Board on Massage Therapy shall assist the
Board in carrying out the provisions of this section regarding the
qualifications, examination, registration, regulation, and standards
of professional conduct of massage therapists. The Advisory Board
on Massage Therapy shall consist of five (5) members to be appointed
by the Governor for four-year terms as follows:
1. Three members who shall be licensed massage therapists and
have practiced in Oklahoma for not less than three (3) years prior
to their appointment;
2. One member who shall be an administrator or faculty member
of a nationally accredited school of massage therapy; and
3. One who shall be a citizen member.
D. The fee for any license issued between the effective date of
this act and May 1, 2017, shall be Twenty-five Dollars ($25.00).
The fee or renewal fee for any massage therapy license issued after
May 1, 2017, shall be Fifty Dollars ($50.00) per year. A duplicate
license fee shall be Ten Dollars ($10.00).
SECTION 5. AMENDATORY 59 O.S. 2021, Section 4200.5, is
amended to read as follows:
Section 4200.5 A. Between the effective date of this act and
May 1, 2017, the State Board of Cosmetology and Barbering Oklahoma
Massage Therapy Board shall issue a license to practice massage
therapy to any person who files a completed application, accompanied
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by the required fees, and who submits satisfactory evidence that the
applicant:
1. Is at least eighteen (18) years of age;
2. Has one or more of the following:
a. documentation that the applicant has completed and
passed a nationally recognized competency examination
in the practice of massage therapy,
b. an affidavit of at least five (5) years of work
experience in the state, or
c. a certificate and transcript of completion from a
massage school with at least five hundred (500) hours
of education;
3. Provides proof of documentation that the applicant currently
maintains liability insurance for practice as a massage therapist;
and
4. Provides full disclosure to the Board of any criminal
proceeding taken against the applicant including but not limited to
pleading guilty or nolo contendere to, or receiving a conviction
for, a felony crime that substantially relates to the practice of
massage therapy and poses a reasonable threat to public safety.
B. To assist in determining the entry-level competence of an
applicant who makes application for a license after May 1, 2017, the
Board may adopt rules establishing additional standards or criteria
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for examination acceptance and may adopt only those examinations
that meet the standards outlined in Section 4200.8 of this title.
C. 1. After May 1, 2017, except as otherwise provided in the
Massage Therapy Practice Act, every person desiring to practice
massage therapy in this state shall be required to first obtain a
license from the Board.
2. After May 1, 2017, the Board may issue a license to an
applicant who:
a. is at least eighteen (18) years of age,
b. provides documentation that the applicant has
completed the equivalent of five hundred (500) hours
of formal education in massage therapy from a state-
licensed school,
c. provides documentation that the applicant has passed a
nationally recognized competency examination approved
by the Board,
d. provides proof that the applicant currently maintains
liability insurance for practice as a massage
therapist, and
e. provides full disclosure to the Board of any criminal
proceeding taken against the applicant including
pleading guilty or nolo contendere to, or receiving a
conviction for, a felony crime that substantially
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relates to the practice of massage therapy and poses a
reasonable threat to public safety.
D. As used in this section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 6. AMENDATORY 59 O.S. 2021, Section 4200.6, is
amended to read as follows:
Section 4200.6. A. A massage therapy license issued by the
State Board of Cosmetology and Barbering Oklahoma Massage Therapy
Board shall at all times be posted in a conspicuous place in the
principal place of business of the holder.
B. A license issued pursuant to the Massage Therapy Practice
Act is not assignable or transferable.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 4200.8, is
amended to read as follows:
Section 4200.8. The required examination approved by the State
Board of Cosmetology and Barbering for licensure under the Massage
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Therapy Practice Act shall be a standardized national massage
therapy examination that meets the following criteria:
1. Is statistically validated through a job analysis under
current standards for educational and professional testing;
2. Complies with pertinent state and federal equal employment
opportunity guidelines;
3. Is available to all potential licensing candidates; and
4. Is delivered through a professional testing company with
high-security test centers located nationwide.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 4200.9, is
amended to read as follows:
Section 4200.9. A. The State Board of Cosmetology and
Barbering Oklahoma Massage Therapy Board may license an applicant,
provided that the applicant possesses a valid license or
registration to practice massage therapy issued by the appropriate
examining board under the laws of any other state or territory of
the United States, the District of Columbia or any foreign nation
and has met educational and examination requirements equal to or
exceeding those established pursuant to the Massage Therapy Practice
Act.
B. 1. Massage therapy licenses shall expire biennially.
Expiration dates shall be established by the Board through adoption
of a rule.
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2. A license shall be renewed by submitting a renewal
application on a form provided by the Board.
3. A thirty-day grace period shall be allowed each license
holder after the end of the renewal period, during which time a
license may be renewed upon payment of the renewal fee and a late
fee as prescribed by the Board.
C. 1. If a massage therapy license is not renewed by the end
of the thirty-day grace period, the license shall be placed on
inactive status for a period not to exceed one (1) year. At the end
of one (1) year, if the license has not been reactivated, it shall
automatically expire.
2. If within a period of one (1) year from the date the license
was placed on inactive status the massage therapist wishes to resume
practice, the massage therapist shall notify the Board in writing
and, upon receipt of proof of completion of all continuing education
requirements and payment of an amount set by the Board in lieu of
all lapsed renewal fees, the license shall be restored in full.
D. The Board shall establish a schedule of reasonable and
necessary administrative fees.
E. The Board shall fix the amount of fees so that the total
fees collected shall be sufficient to meet the expenses of
administering the provisions of the Massage Therapy Practice Act
without unnecessary surpluses.
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SECTION 9. AMENDATORY 59 O.S. 2021, Section 4200.11, is
amended to read as follows:
Section 4200.11. A. The State Board of Cosmetology and
Barbering Oklahoma Massage Therapy Board may take disciplinary
action against a person licensed pursuant to the Massage Therapy
Practice Act as follows:
1. Deny or refuse to renew a license;
2. Suspend or revoke a license;
3. Issue an administrative reprimand; or
4. Impose probationary conditions when the licensee or
applicant has engaged in unprofessional conduct that has endangered
or is likely to endanger the health, welfare or safety of the
public.
B. The Board shall take disciplinary action upon a finding that
the licensee or person has committed an act of unprofessional
conduct or committed a violation of rule or law.
C. Disciplinary proceedings may be instituted by sworn
complaint of any person, including members of the Board, and shall
conform to the provisions of the Administrative Procedures Act.
D. The Board shall establish the guidelines for the disposition
of disciplinary cases. Guidelines may include, but shall not be
limited to, periods of probation, conditions of probation,
suspension, revocation or reissuance of a license.
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E. A license holder who has been found culpable and sanctioned
by the Board shall be responsible for the payment of all costs of
the disciplinary proceedings and any administrative fees imposed.
F. The surrender of a license shall not deprive the Board of
jurisdiction to proceed with disciplinary action.
SECTION 10. AMENDATORY 59 O.S. 2021, Section 4200.12, is
amended to read as follows:
Section 4200.12. A. No member of the State Board of
Cosmetology and Barbering Oklahoma Massage Therapy Board shall bear
liability or be subject to civil damages or criminal prosecution for
any action undertaken or performed within the scope of duty imposed
pursuant to the Massage Therapy Practice Act.
B. No person or legal entity providing truthful and accurate
information to the Board, whether as a report, a complaint or
testimony, shall be subject to civil damages or criminal
prosecutions.
SECTION 11. AMENDATORY 59 O.S. 2021, Section 4200.13, is
amended to read as follows:
Section 4200.13. A. A person who does any of the following
shall be guilty of a misdemeanor upon conviction:
1. Violates a provision of the Massage Therapy Practice Act or
rules adopted pursuant to the Massage Therapy Practice Act;
2. Renders or attempts to render massage therapy services or
massage therapy instruction without the required current valid
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license issued by the State Board of Cosmetology and Barbering
Oklahoma Massage Therapy Board;
3. Advertises or uses a designation, diploma or certificate
implying that the person offers massage therapy instruction or is a
massage therapy school unless the person holds a current valid
license issued by the Oklahoma Board of Private Vocational Schools
or is a technology center school accredited by the Oklahoma State
Board of Career and Technology Education; or
4. Advertises or uses a designation, diploma, or certificate
implying that the person is a massage therapist unless the person
holds a current valid license issued by the State Board of
Cosmetology and Barbering Oklahoma Massage Therapy Board.
B. 1. Therapists regulated by the Massage Therapy Practice Act
shall be designated as "massage therapists" and entitled to utilize
the term "massage" when advertising or printing promotional
material.
2. Any person who uses a professional title regulated by the
Massage Therapy Practice Act who is not authorized to use the
professional title shall be subject to disciplinary action by the
Board.
3. Any person who knowingly aids and abets one or more persons
not authorized to use a professional title regulated by the Massage
Therapy Practice Act or knowingly employs or contracts with a person
or persons not authorized to use a regulated professional title in
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the course of the employment, shall also be subject to disciplinary
action by the Board. It shall be a violation of the Massage Therapy
Practice Act for any person to advertise massage therapy services in
any combination with any escort or dating service.
SECTION 12. This act shall become effective November 1, 2025.
60-1-11208 TKR 01/15/25