Massage Therapy Practice Act.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0157

HOUSE BILL
NO.
HB0084

Massage
T
herapy
P
ractice
A
ct.

Sponsored by:

Representative(s) Pedersen

A BILL

for

AN ACT relating to
professions and occupations; providing for licensure
and registration
of massage therapists as specified;
prohibiting the
practice
of massage therapy by unlicensed persons as specified;
providing definitions; establishing the board of massage therapy; providing re
gulatory authority; providing for fees; providing penalties
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 33
‑
48
‑
101
through 33
‑
48
‑
11
6
are created to read:

CHAPTER 48
Massage Therapy Practice Act

33
‑
48
‑
101.

Short title.

This
chapter
shall be known and may be cited as the "Massage Therapy Practice Act
.
"

33
‑
48
‑
102.

Definitions.

(a)

As used in this chapter:

(i)

"Board" means the board of massage therapy;

(ii)

"Department" means the department of administration and information;

(iii)

"
Massage
therapist" means a person who uses the title of massage therapist or massage practitioner, is licensed under this chapter and administers or instructs
massage
therapy for compensation;

(iv)

"
Massage
therapy" means the practical application of
massage
and bodywork techniques through the systematic treatment of soft tissues and structures of the body through touch for
therapeutic
purposes including comfort, relief of pain, facilitation of natural body processes and the enhancement or restoration of health and
well-being
. "
Massage
therapy" includes, without limitation, effleurage, petrissage, tapotment, compression, friction, vibration, nerve strokes, specific and nonspecific stretching and passive articulation and may include the use of oils, lotions, mineral salts, hot or cold compresses, hydrotherapy
or
additional devices to assist or enhance the manual application of
therapeutic
massage and bodywork techniques. "
Massage

therapy
" does not include the diagnosis or treatment of any specific illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic, physical therapy, occupational therapy
or podiatry is required by law.

33
‑
48
‑
10
3
.

Board of massage therapy established; compensation.

(a)

There is established a board of
massage
therapy within the department of administration and information. The board shall consist of five (5) members appointed by the governor, who are residents of Wyoming.

Three (3) board members shall be licensed
massage
therapists who have been engaged in providing
massage
therapy services for at least five (5) years immediately preceding their
appointments. Two (2) members shall be members of the public.

(b)

Not later than
July 1, 2012 the governor shall appoint two (2) board members for a term of one (1) year, two (2) board members for a term of two (2) years and one (1) for a term of three (3) years. Appointments made thereafter shall be for three (3) year terms.
The initial three (3) professional members appointed by the governor shall not be required to be licensed in this state prior to their appointment but shall otherwise be qualified to provide massage therapy under this chapter.
No person shall serve more than two (2) consecutive terms. Terms shall begin on
March 1 and end on the last day of February
or until successors are appointed, except for the first appointed members who shall serve through the last
day of
February
in the year that the term ends under this section
. Vacancies in the membership of the board shall be filled for the unexpired term by the governor. The governor may remove any board member as provided by W.S.
9
‑
1
‑
202.
Any member may be recommended for removal after failing to attend, after proper notice, three (3) consecutive meetings of the board.

(c)

The board shall
annually elect a chairman and other officers as it deems necessary
.
The board shall meet as often as necessary to conduct business, but not less than two (2) times each year.
Other meetings may be convened at the call of the chairman or the written request of any
three (3
) board members. A majority of the members of the board shall constitute a quorum for all purposes. All meetings of the board shall be governed in accordance with W.S. 16-4-403
.

(d)

Members of the board shall receive per diem and mileage as provided in W.S. 9-3-102.

33
‑
48
‑
104.

Board of
massage
therapy; powers and duties.

(a)

The board shall administer the provisions of this act and may investigate allegations of practices violating the provisions of this act.

(b)

The board shall establish rules and regulations according to the Wyoming Administrative Procedure Act to carry out the purpose of this act, including establishing rules for professional conduct, for professional licensure
and to establish ethical standards of practice for persons licensed to practice
massage
therapy in Wyoming.

33
‑
48
‑
105.

License required.

No person shall practice massage therapy for compensation, offer services as a massage therapist for compensation or
purport
to be a massage therapist unless that person possesses a license to practice massage therapy under the provisions of this chapter.

33
‑
48
‑
10
6
.

Persons and practices not affected.

(a)

Nothing in this act shall be construed as preventing or restricting the practice, services or activities of:

(i)

Qualified members of other professions that are licensed or regulated under the laws of this state that are rendering services within the scope of their license or regulation, provided they do not represent themselves as massage therapists;

(ii)

A student of an approved or recognized massage school or program who is preforming massage as a part of
the program, provided the student
does not represent himself as a licensed massage therapist and does not receive compens
ation other than gratuities for
the massage therapy services;

(iii)

Visiting instructors from another state or jurisdiction who are teaching massage therapy or a related subject
provided the instructor is duly licensed, registered or otherwise qualified in his place of residence to administer or instruct in the subject. The board shall establish by rule and regulation the qualifications, conditions and duration of stay for visiting instructors;

(iv)

Resident instructors
teaching any subject directly related to the practice of massage therapy if the instructor is duly licensed, registered or otherwise qualified to instruct the subject. The board shall establish by rule and regulation the qualifications and conditions for resident instructors;

(
v)

Native American healers
using traditional or tribal healing practices. Healers who use these practices
but apply for a license under this chapter shall comply with all requirements under this chapter;

(vi)

The practice of b
odywork methods that involve energy techniques without intentional soft tissue manipulations. The board shall establish by rule and regulation the qualifications and conditions for exempted bodywork methods;

(vii)

The practice of b
odywork methods that limit manipulation of soft tissues to feet, hands and ears and where the client remains clothed;

(viii)

A nonresident who administers massage therapy for compensation for not more than ninety (90) days during a one (1) year period f
or the treatment of sojourners or for the treatment of guests or clients of established spas, resorts or hotels under contractual arrangement, provided the nonresident is duly licensed or otherwise qualified to administer massage therapy in the state or jurisdiction of his residence. The board shall establish by rule and regulation the qualifications and conditions for nonresident massage therapists.

33
‑
48
‑
10
7
.

Requirements for licensure; registered
instructors
.

(a)

The board 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:

(i)

The applicant has reached the age of majority;

(ii)

The applicant is of good moral character. In determining good moral character, the department
shall
only
consider
conviction of any crime in the United States or territory thereof that is a felony or misdemeanor or any crime that is directly related to the practice of massage therapy within the seven (7) years immediately
preceding
application for licensure. No conviction shall operate as an automatic bar to licensure except in the case of a conviction for rape, sexual misconduct or
if
the applicant is
required to register as a
sex offender;

(iii)

The applicant has met one (1) of the following requirements:

(A)

The applicant has
successfully
completed a board recognized or accepted massage therapy educational program of not less than five hundred (500) hours of course and clinical work;

(B)

The applicant holds a current license to practice massage therapy in another state or jurisdiction where the licensure requirements meet or exceed the licensure requirements defined within this
chapter
;

(C)

The applicant holds a current license to practice massage therapy in another state or jurisdiction where the licensure requirements do not meet or exceed the licensure requirements defined within this
chapter
and, at the time of application, the applicant has passed a board recognized or accepted massage therapy competency examination;

(D)

Not more than one (1) year prior to application, the applicant moved to this state from a state or jurisdiction which has no licensure requirements and provides satisfactory documentation that the applicant
practiced massage therapy for not less than five (5) years immediately prior to moving to this state and, at the time of application, the applicant has passed a board recognized or accepted massage therapy competency examination;
or

(E)

The applicant holds current certification from the national certification board for
therapeutic
massage and bodywork or a similar national certification which is accepted by the board.

(b)

Notwithstanding the requirements of paragraph
(a)(iii) of this section, for the
period of
July 1, 2012 through June 30, 2013
, the board
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 meets the requirements of paragraphs (a)(i) and (ii) of this section and has met one (1) of the following requirements prior to the effective date of this act:

(i)

For at least one (1) year prior to the date of application, the applicant was an active member of a national professional massage therapy
organization
that
offers professional liability insurance and maintains a code of ethics;

(ii)

The applicant has actively practiced massage therapy for an average of at least ten (10) hours per week for at least ten (10) years immediately
preceding
the date of application;

(iii)

The applicant has actively practiced massage therapy for an average of at least ten (10) hours per week for at least one (1) year immediately
preceding
the date of application and:

(A)

At the time of application, has passed a board recognized or accepted massage therapy competency examination; or

(B)

At the time of application has completed not less than one hundred (100) hours of formal training in massage therapy. As used in this
subparagraph
, "formal training"
means a massage therapy course
or program approved by the Wyoming state board of edu
cation, the
University
of Wyoming
board of trustees
, the Wyoming community college commission
or
an
equivalent
authority in
another state or jurisdiction, or a massage therapy course or program prov
ided by a continuing education provider
recognized or accepted by the board or an equivalent authority in another state or jurisdiction.

(c)

The board shall register a person as a massage therapy instructor if the person
files a completed application, accompanied by the required fees, meets the requirements of paragraphs (a)(i) and (ii) of this section and has one (1) of the following
requirements
:

(i)

The applicant is
currently
credentialed as a massage therapy instructor by another state or jurisdiction or by a nationally recognized massage therapy organization; or

(ii)

The applicant is licensed to practice massage therapy under this
chapter
and provides satisfactory documentation that the applicant has at least two (2) years of
practical
experience in the area of instruction and
satisfactory
documentation supporting the applicant's qualifications in that area of instruction.

(d)

The board shall establish by rule and regulation a licensing process
consistent
with this section including
establishing a definition
of
what the board will accept as "satisfactory documentation" and appropriate qualification requirements for massage therapy instructors.

33
‑
48
‑
108.

Display of license.

A massage therapy license or registration issued pursuant to this chapter shall at all times be posted in a conspicuous place in the holder's principal place of business.

33
‑
48
‑
109.

Transfer of license or registration.

A license or registration issued pursuant to this chapter is not assignable or transferable.

33
‑
48
‑
110.

License or registration renewal; continuing education; grace period
.

(a)

Any license or registration under this chapter
shall expire annually on a date as established by rule and regulation of the board. The board may establish one (1)
day each quarter on which licenses issued in that quarter in the previous year shall expire.

(b)

A licensee may renew his license or registration by submitting a
renewal
application on a form provided by the board and by payment of a renewal fee.

(c)

The board may establish by rule and regulation the continuing education requirements for renewal of a license or registration under this section, provided that the continuing education requirements shall not exceed twelve (12) hours of continuing education each year.

(d)

The board shall provide for a sixty (60) day grace peri
od after the expiration of the time to renew a license as determined by the board. During the grace period, a license or registration may be renewed upon
compliance
with subsections (b) and (c) of this section and the payment of a late fee as determined by the board
in accordance with W.S. 33
‑
1
‑
201
.

33
‑
48
‑
111.

Inactive status.

(a)

Any license or registration which is not renewed prior to the expiration of the grace period as provided in W.S. 33
‑
40
‑
110(d) shall be placed on inactive status for a period not to exceed two (2) years. An inactive licen
se or registration shall expire
if it is not reactivated under subsection (b) of this section within two (2) years of being placed on inactive status.

(b)

An inactive license or registration may be reactivated by the board if, not more than two (2) years after a license or registration is placed on inactive status, the holder of the license notifies the board in writing
of his intent to reactivate
the license or registration
, provides proof of compliance with all continuing education requirements
as specified
by rule and regulation of the board and
pays any fees established by the board in lieu of all lapsed renewal and late fees.

33
‑
48
‑
112.

Fees.

The board, pursuant to W.S. 33
‑
1
‑
201, shall prescribe fees for implementing this
chapter
.

33
‑
48
‑
113.

Advertising.

(a)

It shall be unlawful for any person to advertise massage therapy service
s
unless the services are administered by a person licensed or registered under this chapter.

(b)

It shall be
unlawful
for any person or business or any employees, agents or representatives to practice massage therapy or to use in connection with a business name or activity the terms "massage therapy", "massage therapist", "licensed massage therapist", "massage practitioner", "licensed massage practitioner", "LMT" or any other word, letter, abbreviation or insignia indicating or implying directly or indirectly that massage therapy is provided or supplied unless the massage therapy is administered by a person licensed or registered under this chapter.

33
‑
48
‑
114.

Titles recognized
.

Pursuant to rule and regulation of the board, a person
licensed
or registered under this chapter may use titles or abbreviations including
"massage therapist", "licensed massage therapist", "LMT", "massage practitioner",
"licensed massage practitioner" or "registered massage practitioner".

33
‑
48
‑
115.

Denial, suspension, revocation and reinstatement of license.

(a)

The board may place a license or registrant on probation, refuse to issue or renew a license or registration or deny, suspend or revoke a license or registration under this chapter in accordance with the Wyoming
A
dministrative
P
rocedure
A
ct upon a finding by the board that a licensee, registrant or applicant:

(i)

Practiced fraud,
deceit
or misrepresentation in procuring or maintaining a license or registration under this chapter;

(ii)

Use
d
or attempted to use the license or registration of another person;

(iii)

Allowed
another person to use his license or registration;

(iv)

Has been adjudicated as mentally incompetent under law;

(v)

Has been convicted or found guilty of a crime in any jurisdiction that directly relates to the practice of massage therapy or the ability to practice massage
, provided that a denial of an application shall be done in compliance with the provisions of W.S. 33
‑
48
‑
107(a)(ii)
;

(vi)

Has acted in an unprofessional or unethical manner, as determined by the board, in violation of
a nationally recognized
code of ethics
adopted by the board
;

(vii)

Practiced false or misleading advertising;

(viii)

Has aided, assisted or advertised
any unlicensed or unregistered person in the practice of massage therapy;

(ix)

Has acted with extreme
negligence
or incompetence, as determined by the board, in the practice of massage therapy;

(x)

Has had a license or registration to practice or instruct massage therapy revoked, suspended or denied in another state or jurisdiction for acts similar to acts set out in this section;

(xi)

Actively provided
therapeutic
services beyond the scope of practice or regulation under this chapter without appropriate license or registration.

(b)

All disciplinary actions, denials of applications and hearings shall be conducted in accordance with the provisions of the Wyoming Administrative Procedure Act.

33
‑
48
‑
11
6
.

Penalties
.

Any person who violates W.S.
33
‑
48
‑
105 or 33
‑
48
‑
113
is guilty of a misdemeanor punishable by imprisonment of not more than six (6) months, a fine of not more than seven hundred fi
fty dollars ($750.00), or both.

Section 2.
This act is effective July 1, 2012.

(END)

1
HB0084