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ENGROSSED HOUSE
BILL NO. 2233 By: Munson of the House
and
Daniels of the Senate
[ professions and occupations – definitions -
requirements to practice massage therapy - state
board authority - licensure requirements -
assigning and transferring licenses - licensure
examination – out-of-state license holders -
disciplinary actions and proceedings - immunity
from liability – violations - state board authority
- effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 Board of Medical Licensure and Supervision;
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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
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
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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 2. 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.
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;
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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 Board of
Medical Licensure and Supervision;
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
instructor is duly licensed or registered, if required, and is
qualified in the instructor's place of residence for the practice of
massage therapy;
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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
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
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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.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 4200.4, is
amended to read as follows:
Section 4200.4. A. The State Board of Cosmetology and
Barbering Oklahoma Board of Medical Licensure and Supervision 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 Board
of Medical Licensure and Supervision 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.
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
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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 4. 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
Board of Medical Licensure and Supervision shall issue a license to
practice massage therapy to any person who files a completed
application, accompanied 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:
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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
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
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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
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
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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 5. 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 Board of Medical
Licensure and Supervision 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 6. 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 Oklahoma Board of Medical
Licensure and Supervision for licensure under the Massage 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;
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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 7. 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 Board of Medical Licensure and Supervision 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.
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
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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.
SECTION 8. 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 Board of Medical Licensure and Supervision may
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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.
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.
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SECTION 9. 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 Board of Medical Licensure and
Supervision 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 10. 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
license issued by the State Board of Cosmetology and Barbering
Oklahoma Board of Medical Licensure and Supervision;
3. Advertises or uses a designation, diploma or certificate
implying that the person offers massage therapy instruction or is a
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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 Board of Medical Licensure and
Supervision.
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
the course of the employment, shall also be subject to disciplinary
action by the Board. It shall be a violation of the Massage Therapy
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Practice Act for any person to advertise massage therapy services in
any combination with any escort or dating service.
SECTION 11. This act shall become effective November 1, 2025.
Passed the House of Representatives the 10th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate