Massage therapists licensing.

2015
STATE OF WYOMING
15LSO-0058
Numbered
2.1

SENATE FILE

NO.

SF0086

Massage therapists licensing.

Sponsored by:
Senator(s) Peterson and Representative(s) Harvey

A BILL

for

AN ACT relating to professions and occupations; providing for the licensure of massage therapists as specified; creating a licensing board as specified; requiring a license for massage therapists as specified; providing exceptions as specified; providing licensure requirements as specified; providing definitions as specified; providing for revocation of license as specified; providing penalties as specified; and providing for effective dates

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

Section 1
.

W.S. 33
‑
49
‑
101 through 33
‑
49
‑
117
are
created to read:

CHAPTER 49
MASSAGE THERAPY PRACTICE ACT

33
‑
49
‑
101
.

Short title.

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

33
‑
49
‑
102
.

Definitions.

(a)

As used in this act:

(
i
)

"
Board
"
means the board of massage therapy;

(ii)

"
Department
"
means the department of administration and information;

(iii)

"
Massage
"
or
"
bodywork
"

means
manual soft tissue manipulation and includes holding, causing movement or applying pressure to the body using the hands or body;

(iv)

"Massage
Practioner
" means a person who practices massage
therapy
as defined in W.S.
33
‑
49
‑
103.
Massage
practioners

shall
use the titles outline
d
in W.S. 33
‑
49
‑
115(
a)(ii);

(v)

"
Massage therapist
"
means a person who practices massage therapy for compensation as defined in W.S. 33
‑
49
‑
103. Massage therapists shall use the titles outlined in W.S.
33
‑
49
‑
11
5(
a)(
i
)
;

(v
i
)

"
Massage
t
herapy
"
means the practical application of massage bodywork techniques as further defined in W.S. 33
‑
49
‑
103;

(vi
i
)

"
Therapy
"
is a series of actions aimed at achieving or increasing health and
well

being
;

(vii
i
)

"
This
a
ct
"
means W.S. 33
‑
49
‑
101 through 33
‑
49
‑
11
7
.

33
‑
49
‑
103
.

Massage therapy defined
.

(a)

Massage therapy is a health care profession that uses the practical application of massage or bodywork techniques, specifically the systematic treatment of soft
tissues and structures of the body through touch, for therapeutic purposes, among which are comfort, relief of pain, facilitation of natural body processes and the enhancement o
r restoration of health and
well
being
.

(b)

Massage therapy includes but is not limited to effleurage,
petrissage
,
tapotement
, compression, friction, vibration, nerve strokes, specific and
nonspecific
stretching and passive articulation.

(c)

Massage therapy may include the use of oils, lotions, mineral salts, hot or cold compresses, hydrotherapy or the use of mechanical,
nonmechanical
, electrical or electronic devices to assist or enhance the manual application of therapeutic massage or bodywork techniques.

(d)

Massage therapy, as well as the terms
"
therapy,
"

"
therapeutic massage
"
and
"
therapeutic bodywork
"
, does not include the diagnosis of any specific illness or disease

but
may
include
the
treat
ment of
a specific illness or disease

in conjunction with a service or
procedure prescribed by a licensed practitioner of medicine
or
chiropractic.

33
‑
49
‑
104
.

Exceptions.

(a)

Except as provided in this act, n
othing in this act shall be construed to prevent or restrict:

(
i
)

The practice of massage therapy by persons duly licensed, registered or certified in another state, territory, the District of Columbia or a foreign country when
temporarily
teach
ing
a course related to massage therapy or consult
ing
with a person licensed under this
act
;

(ii)

Students performing massage therapy services while enrolled in a board

approved course of instruction and while completing a clinical requirement or fieldwork for academic credit
and
performed under the supervision of a person licensed under this act, provided the student is not represented or held out as a licensed massage therapist and does not receive compensation for services performed, other than possible gratuities;

(iii)

Any person performing massage therapy services in the state, if those services are performed without compensation and are performed in cooperation with a charitable organization or as part of an emergency response team working in conjunction with disaster relief officials;

(iv)

Any
person providing massage therapy to members of the person’s immediate or extended family without compensation;

(v)

Native American healers using traditional or Native American healing practices, provided that healers who use these practices but apply for a license or registration pursuant to this act shall comply with all licensure requirements under this act;

(vi)

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 authorized under this paragraph may include, but are not limited to, the Feldenkrais method of somatic education, the Rolf Institute’s Rolf movement
integration
, the
Trager
approach to movement education and body
‑
mind centering. Practitioners must 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 required minimal level of training, demonstration of competency and adherence to ethical standards;

(vii)

The practice of any person in this state who uses touch to affect the energy systems,
acupoints
or Qi meridians (channels of energy) of the human body 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. These practices include, but are not limited to, polarity, polarity therapy, polarity bodywork therapy, Asian bodywork therapy, acupressure,
jin
shin do, Qi gong,
reiki
and shiatsu
;

(viii)

The practice of other forms of bodywork that limit manipulation of soft tissues to feet, hands and ears and whose clients remain clothed during the practice;

(ix)

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

33
‑
49
‑
105
.

License required.

Except as provided in W.S. 33
‑
49
‑
104(
a), n
o
person shall practice
massage therapy
or
purport to be a
massage therapist without a license. A person
purports
to
be
a massage therapist when the person adopts or uses any title or description including
"
massage therapist,
"

"
body therapist,
"

"
body worker,
"

"
massage technician,
"

"
massage practitioner,
"
or any derivation of those terms that implies th
e
practice
of massage therapy
.

33
‑
49
‑
106
.

Board created; membership.

(a)

The board of massage therapy is created.

(b)

The members of the board shall be appointed by the governor and serve at the pleasure of the governor.

(c)

The board shall consist of seven (7) members, five (5) of whom shall be licensed pursuant to this act and two (2) of whom shall be members of the public with an interest in the rights of the consumers of massage therapy services. At no time shall more than one (1) board member be an owner of, an instructor of or otherwise affiliated with a board approved course of instruction or any other massage therapy school or course of instruction.

(d)

Professional massage therapy associations or any resident of the state of Wyoming may provide nominations for board membership to the governor.

(e)

All members of the board shall be residents of the state of Wyoming for the duration of their appointment and shall have been residents of the state of Wyoming for at least three (3) years immediately preceding appointment.

(f)

Each member of the board shall hold office until the expiration of the term for which appointed or until a successor has been appointed.

(g)

No board member shall serve more than two (2) consecutive three (3) year terms.

(h)

The board shall meet as often as necessary for the conduct of business, but not less than two (2) times each year. Meetings shall be called by the chairman or upon the written request of three (3) members of the board.

(j)

The governor may remove any member of the board as provided by W.S. 9
‑
1
‑
202. Any board member may be recommended for removal as a member of the board for failing to attend, after proper notice, three (3) consecutive board meetings.

(k)

The board, within thirty (30) days after its initial appointment and annually thereafter, shall hold a meeting and elect a chairman. The board may appoint
advisory
committees as it considers
necessary
. A majority of the members of the board shall constitute a quorum.

(
m
)

Members of the board shall receive per diem in the same manner and amount as
provided in
W.S.
33
‑
1
‑
302
(a
)(
vii)
and shall receive no other compensation.

(
n)

For the purpose of this section the initial five (5) professional members of the board shall not be required to be licensed pursuant to this act, but shall be otherwise qualified to be licensed pursuant to this act.

33
‑
49
‑
107
.

Board duties.

(a)

The board shall have authority to:

(
i
)

Adopt rules not inconsistent with this act or the laws of this state that are reasonable and necessary to administer this act;

(ii)

Provide for the evaluation of the qualifications of applicants for licensure pursuant to this act;

(iii)

Provide for the issuance of licenses to applicants who meet the requirements of this act;

(iv)

Recognize
training
,
educational standards
and continuing education
for licensure;

(v)

Establish a process for recognizing and accepting training and educational programs of massage schools from this state and other states or jurisdictions;

(vi)

Establish
a process for recognizing and accepting massage therapy competency examinations;

(vii)

Provide for the reasonable investigation of persons engaging in practices that may violate the provisions of this act;

(viii)

Revoke, suspend, place on probation or deny a license or registration in accordance with the provisions of the Wyoming Administrative Procedure Act;

(ix)

Adopt a reasonable code of ethics and provide for the reasonable investigation of complaints against licensees;

(x)

Establish a process for granting temporary exemptions for special events and emergencies;

(xi)

Maintain a roster of the names and addresses of all licensees and all persons whose licenses have been suspended, revoked or denied renewal for cause. The roster shall be available upon written request and payment of the required fee;

(xii)

Prescribe reasonable fees in accordance with W.S. 33
‑
1
‑
201 for the implementation of this act.

(b)

The board may:

(
i
)

Establish standards and requirements for continuing education. The standards and requirements shall not exceed twelve (12) hours per renewal period
specified in W.S. 33
‑
49
‑
111
;

(ii)

Establish standards and requirements for professional liability insurance;

(iii)

Establish guidelines
concerning practical business standards of practice for persons licensed pursuant to this act.

(c)

The board shall not issue any licenses pursuant to this act until after the adoption of final regular rules as provided in this section.

33
‑
49
‑
108
.

Requirements for
initial
licensure; display; transfer or assignment prohibited.

(a)

Upon application to the board and the payment of the required fees, an applicant may be licensed as a massage therapist if the applicant meets all the requirements of this
act
and provides documentation acceptable to the board that the applicant:

(
i
)

Has obtained a high school diploma or equivalent
;

(ii)

Is eighteen (18) years of age or older;

(iii)

Is of good moral character. In determining good moral character, the board
shall
only take into consideration conviction of any crime directly related to the
ability to
practice massage therapy
committed
within seven (7) years before application for licensure. A conviction shall not operate automatically as a complete bar to licensure, except in the case of any conviction for rape, sexual misconduct or
a conviction requiring
the applicant
to
register
as a
sexual offender;

(
iv
)

Satisfies one (1) of the following requirements:

(A)

The applicant shall have successfully passed a board approved examination such as the massage and bodywork licensing examination or the national certification board for therapeutic massage and bodywork examination. The passage of the exam may have occurred prior to the effective date of this act; or

(B)

The applicant shall have successfully completed a board recognized and accepted massage therapy educational program of not less than five hundred (500) hours of
classroom
supervised course and clinical work.

33
‑
49
‑
10
9
.

Requirements for licensure; grandfather provisions.

(
a
)

Before January 1, 201
7
, the board may issue a license to any individual who meets
the requirements of paragraphs (a
)(
i
) through (iii) of this section and who meets
one (1)
or more
of the following requirements:

(
i
)

The applicant has completed and can satisfactorily document a minimum of five hundred (500) hours of supervised classroom and hands on instruction relating to massage therapy as determined by the board;

(ii)

The applicant has completed and can satisfactorily document a minimum of three hundred (300) hours of formal training in massage therapy as determined by the board and has practiced massage therapy for at least
five (5) hours per week on average for at least three (3) years prior to the date of application;

(iii)

The applicant
can satisfactorily document that the applicant has practiced massage therapy
at least five (5) hours per week on average for at least five (5) years prior to the date of application.

33
‑
49
‑
1
10
.

L
icens
ure by endorsement
.

The board may grant a license without examination to any person who, at the time of application, is licensed or certified in good standing by a board of massage therapy of another state, provided the requirements for certification or licensure are substantially equivalent to the requirements of this act, and upon payment of a fee to be determined by the board.

33
‑
49
‑
11
1
.

License renewal; grace period.

(a)

Licenses shall expire two (2) years from date of issuance.

(b)

A license may be renewed upon submission of a renewal application by the license
e
on a form provided by the board, payment of a renewal fee and satisfactory documentation of any applicable continuing education requirements.

(c)

A sixty (60) day grace period shall be allowed each licensee 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 determined by the board.

(d)

A license which has not been renewed is not valid.

33
‑
49
‑
11
2
.

Inactive status.

(a)

Any license not renewed by the end of the sixty (60) day grace period shall be placed on inactive status for a period not to exceed two (2) years. At the end of two (2) years, if the license has not been reactivated, it shall expire.

(b)

If, within a period of two (2) years from the date the license was placed on inactive status, the holder intends to reactivate the license, the licensee shall notify the board in writing. The license shall be restored in full upon proof of completion of any continuing education or refresher courses prescribed by regulation of the board and payment of any fees established by the board in lieu of all lapsed renewal and late fees.

33
‑
49
‑
11
3
.

License fees.

The board shall establish a schedule of reasonable fees for applications, licenses, renewals, reactivations, late renewals, reactivations and necessary miscellaneous administrative fees in accordance with W.S. 3
3
‑
1
‑
201.

33
‑
49
‑
11
4
.

Advertising.

(a)

Except as otherwise provided by this act, i
t shall be unlawful for any person to advertise massage therapy services unless the services are administered by a person licensed pursuant to this act.

(b)

I
t shall be unlawful for any person or business entity or its’ employees, agents or representatives to practice massage therapy as defined in this act or to use in connection with its name or business activity the terms
"
massage therapy,
"

"
massage therapist,
"

"
licensed massage therapist,
"

"
massage practitioner,
"

"
licensed massage practitioner,
"

"
LMT,
"

"
LMP
"
or any other word, letters, abbreviations 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 pursuant to this act
.

33
‑
49
‑
11
5
.

Titles recognized.

(a)

Certain professional titles and abbreviations shall be recognized for persons licensed pursuant to this act. These titles and abbreviations are:

(
i
)

Massage therapist, licensed massage therapist or LMT;

(ii)

Massage practitioner, licensed massage practitioner or LMP
.

33
‑
49
‑
11
6
.

Denial, suspension, revocation and reinstatement of license
.

(a)

The board may place on probation, refuse to issue or renew, or may deny, suspend or revoke any license held or applied for under this act in accordance with the Wyoming Administrative Procedure Act upon finding by the board that the licensee or applicant has committed any one (1) or more of the following:

(
i
)

Has practiced fraud, deceit or misrepresentation in procuring or maintaining a license pursuant to this act;

(ii)

Has attempted to use the license of another;

(iii)

Has allowed the use of
the
license
e's

license
by another;

(iv)

Has
been adjudicated mentally incompetent by a court of competent jurisdiction;

(v)

Has been convicted

of a crime
, as specified in W.S. 33
‑
49
‑
108(
a)(iii),
in any jurisdiction that directly relates to the
ability to
practice massage therapy
pursuant to this act;

(vi)

Has acted in an extremely unprofessional or unethical manner, as determined by the board, in violation of the code of ethics
adopted by the board pursuant to W.S. 33
‑
49
‑
107(c
)(
ix)
;

(vii)

Has practiced false, deceptive or misleading advertising;

(viii)

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

(ix)

Has acted with extreme negligence or incompetence in the practice of massage therapy;

(x)

Has had a license to practice massage therapy revoked, suspended or denied in any jurisdiction of
the United States or another country for acts of the licensee similar to acts described in this section;

(xi)

Has actively provided therapeutic services beyond the scope of practice authorized by this act and regulations adopted by the board.

(b)

Disciplinary proceedings may be instituted by sworn complaint of any three (3) members of the board and shall be conducted
as provided
in the Wyoming Administrative Procedure Act.

(c)

The board shall establish guidelines for the disposition of disciplinary cases. The guidelines may include periods of probation, condition
s
of probation and reissuance of a license.

(d)

A licensee who has been found to have violated this act and sanctioned by the board
may be assessed
costs of the disciplinary proceedings.

33
‑
49
‑
11
7
.

Penalties.

The board may assess an
applicant or licensee found to have intentionally violated any provision of this act an administrative penalty not to exceed one thousand dollars ($1,000.00) for each violation. Any civil penalties collected pursuant to this section shall be paid to the state treasurer and credited as provided in W.S. 8
‑
1
‑
109.

Section
2
.

(a)

W.S. 33
‑
49
‑
106 and 33
‑
49
‑
107 created by this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

Except as provided in subsection (a) of this section, this act is effective July 1, 201
5
.

(
END)

1
SF0086