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22LSO-0286
2022
STATE OF WYOMING
22LSO-0286
Numbered
2.0
SENATE FILE NO. SF0091
Massage therapy-practice act.
Sponsored by: Senator(s) Schuler
A BILL
for
AN ACT relating to professions and occupations; creating the Massage Therapy Practice Act; establishing the board of massage therapy; creating an account; authorizing the board to expend funds in the account; regulating the practice of massage therapy; providing definitions; providing rulemaking authority; providing for criminal history background checks; providing penalties; making conforming amendments; providing an appropriation; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 33
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101 through 33
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114 are created to read:
CHAPTER 50
MASSAGE THERAPY PRACTICE ACT
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101.
Short title.
This chapter shall be known and may be cited as the "Massage Therapy Practice Act."
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102.
Definitions.
(a)
As used in this chapter:
(i)
"Board" means the board of massage therapy;
(ii)
"Massage" or "bodywork" means manual soft tissue manipulation and includes holding, causing movement or applying pressure to the body using the hands or body;
(iii)
"Massage therapist" means a person who practices massage therapy as defined in W.S. 33
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103. Massage therapists may use the titles specified in W.S. 33
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107(a);
(iv)
"Massage therapy" means the practical application of bodywork techniques as further defined in W.S. 33
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103.
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103.
Massage therapy defined.
(a)
Massage therapy is a health care profession that uses the practical application of massage 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 or restoration of health and
well being
.
(b)
Massage therapy includes 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 techniques.
(d)
"Massage therapy," "therapeutic massage" and "therapeutic bodywork" does not include the diagnosis of any specific illness or disease but may include the treatment of a specific illness or disease in conjunction with a service or procedure prescribed by a licensed practitioner of medicine or chiropractic.
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104.
Board of massage therapy established; disposition of money collected; compensation.
(a)
There is established a board of massage therapy within the department of health. The board shall consist of five (5) members who shall be residents of Wyoming for the duration of their appointment. 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, 2022 the governor shall appoint the members of the board. Of the initial members appointed to the board, two (2) board members shall be appointed for a term of one (1) year, two (2) board members for a term of two (2) years and one (1) board member 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 before their appointment but shall have actively practiced massage therapy in Wyoming for an average of at least ten (10) hours per week for not less than three (3) years prior to appointment and 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
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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
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403.
(d)
All money collected under this chapter shall be received and deposited to a separate account and payments made according to regulations established by the department of health. The members of the board shall receive per diem and mileage allowance as provided in W.S. 33
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302(a)(vii), for each official board meeting. The total expense for every purpose incurred by the board shall not exceed the total of revenue collected.
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105.
Board of massage therapy; powers and duties.
(a)
The board shall administer this chapter, may investigate allegations of practices violating this chapter and may deny, suspend or revoke a license or place a licensee on probation in accordance with W.S. 33
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112 and the Wyoming Administrative Procedure Act.
(b)
The board shall establish rules according to the Wyoming Administrative Procedure Act to carry out the purposes of this chapter, 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.
(c)
The board shall request criminal history background information as authorized under W.S. 7
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106(a)(xxxvi) for all initial applicants and all renewal applicants every two (2) years as provided by rule of the board.
(d)
The board shall prescribe fees for administering this chapter in accordance with W.S. 33
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201, except that fees for initial licensure and license renewals shall be governed by W.S. 33
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109(a) and 33
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110(b).
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106.
License required; display of license; assignment or transfer of license prohibited.
(a)
No person shall practice massage therapy or purport to be a massage therapist without a license issued under this chapter, except as provided in W.S. 33
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108. 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," "masseuse" or any derivation of those terms that implies the practice of massage therapy.
(b)
A massage therapy license issued under this chapter shall at all times be posted in a conspicuous place in the holder's principal place of business.
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107.
Titles recognized; advertising.
(a)
In accordance with board rules, a person licensed under this chapter may use titles or abbreviations including "massage therapist," "licensed massage therapist," "LMT," "massage practitioner" or "licensed massage practitioner."
(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 under this chapter.
(c)
It shall be unlawful for any person to advertise massage therapy services unless the services are administered by a person licensed under this chapter.
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108.
Persons and practices not affected.
(a)
Nothing in this chapter shall be construed as preventing or restricting the practice, services or activities of:
(i)
Qualified members of other professions who are licensed or regulated under the laws of this state who render services within the scope of their license, provided they do not represent themselves as massage therapists;
(ii)
A student performing massage therapy 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 chapter, 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)
The practice of massage therapy by persons licensed, registered or certified in another state or territory of the United States when temporarily teaching a
course related to massage therapy or consulting with a person licensed under this chapter;
(iv)
Any person providing massage therapy to members of the person's household or immediate or extended family without compensation;
(v)
Native American healers using traditional or Native American healing practices, except that healers who use these practices and apply for a license under this chapter shall comply with all licensure requirements under this chapter;
(vi)
The practice of bodywork methods that involve energy techniques without intentional soft tissue manipulations. The board shall establish by rule the qualifications and conditions for exempted bodywork methods;
(vii)
The practice of bodywork methods that limit manipulation of soft tissues to feet, hands and ears and where the client remains clothed.
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109.
Requirements for licensure.
(a)
The board shall issue a license to practice massage therapy to any person who files a completed application, accompanied by a license fee of seventy
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five dollars ($75.00), and who submits satisfactory evidence that:
(i)
The applicant has reached the age of majority and holds a high school diploma or evidence of an equivalent achievement;
(ii)
The applicant possesses a valid passport, driver's license, immigration document, travel document or any other government issued identification document;
(iii)
The applicant successfully completed a board recognized or accepted massage therapy educational program of not less than five hundred (500) hours of course and clinical work;
(iv)
The applicant passed the massage and bodywork licensing examination regulated by the federation
of state massage therapy boards, the board certification examination administered by the national certification board for therapeutic massage and bodywork or other equivalent examination acceptable to the board;
(v)
The applicant has not had their license to practice or instruct massage therapy revoked, suspended or denied in another state or jurisdiction for any reason other than the nonpayment of licensing fees within the immediately preceding three (3) years;
(vi)
The applicant is of good moral character. In determining good moral character, the board shall only consider criminal convictions within the seven (7) years immediately preceding application for licensure that directly relate to the practice of massage therapy or the ability to practice massage therapy.
(b)
Notwithstanding the requirements imposed by paragraph (a)(iii) and (a)(iv) of this section, 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 otherwise meets the requirements under subsection (a) of this section and has actively practiced massage therapy in Wyoming for an average of at least ten (10) hours per week for not less than three (3) years immediately preceding the date of application.
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110.
License renewal; continuing education.
(a)
Any license issued under this chapter shall be valid for two (2) years and shall expire on a date established by rule of the board.
(b)
A licensee may renew his license by submitting a renewal application on a form provided by the board, accompanied by a license renewal fee of fifty dollars ($50.00), and evidence that the licensee obtained not less than six (6) hours of continuing education during the previously immediate two (2) year period as provided by rule of the board.
(c)
The board shall provide for by rule a sixty (60) day grace period after the expiration of the time to renew a license. Any license that is renewed during the grace
period authorized under this subsection shall be subject to a late fee as determined by the board in accordance with W.S. 33
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201.
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111.
Inactive status.
(a)
Any license that is not renewed before the expiration of the grace period specified in W.S. 33
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110(c) shall be placed on inactive status for a period not to exceed two (2) years. An inactive license 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 may be reactivated by the board if, not more than two (2) years after a license is placed on inactive status, the holder of the license notifies the board in writing of his intent to reactivate the license, provides proof of compliance with all continuing education requirements under W.S. 33
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110(b) and pays any fees established by the board.
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112.
Denial, suspension, revocation and reinstatement of license.
(a)
The board may place a licensee on probation, refuse to issue or renew a license or deny, suspend or revoke a license under this chapter in accordance with the Wyoming Administrative Procedure Act upon a finding by the board that a licensee or applicant:
(i)
Practiced fraud, deceit or misrepresentation in procuring or maintaining a license under this chapter;
(ii)
Used or attempted to use the license of another person;
(iii)
Allowed another person to use his license;
(iv)
Was adjudicated as mentally incompetent under law;
(v)
Was convicted or found guilty of a crime within the immediately preceding seven (7) years that
directly relates to the practice of massage therapy or the ability to practice massage therapy;
(vi)
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)
Aided, assisted or advertised any unlicensed person in the practice of massage therapy;
(ix)
Acted with extreme negligence or incompetence, as determined by the board, in the practice of massage therapy;
(x)
Had a license 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 within the immediately preceding three (3) years;
(xi)
Actively provided services beyond the scope of practice or in violation of the rules adopted under this chapter without an appropriate license.
(b)
An application for reinstatement may be made to the board not earlier than three (3) years after the date of the revocation of the license. The board may accept or reject an application for reinstatement and may hold a hearing to consider reinstatement. An applicant for reinstatement aggrieved by any final action of the board may appeal to the district court pursuant to the Wyoming Administrative Procedure Act.
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113.
Reciprocity.
(a)
The board may grant a license without examination to any person who submits the requisite fee specified by rule of the board and who at the time of application:
(i)
Holds a current license or certificate in good standing to practice massage therapy in another state or territory of the United States;
(ii)
Submits a certified statement from the appropriate licensing authority of another state or territory of the United States demonstrating to the board that the person is properly credentialed and authorized to practice massage therapy under the laws of that state or territory.
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114.
Penalties.
Unless exempt under W.S. 33
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108, any person who represents himself as a massage therapist and who engages in the practice of massage therapy in violation of this act, or any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
Each violation shall constitute a separate offense.
Section 2.
W.S. 7
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106(a) by creating a new paragraph (xxxvi) and 7
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201(a) by creating a new paragraph (xxxi) are amended to read:
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106.
Access to, and dissemination of, information.
(a)
Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:
(xxxvi)
The board of massage therapy for purposes of obtaining background information on persons applying for licensure under title 33, chapter 50 of the Wyoming statutes.
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201.
State or national criminal history record information.
(a)
The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:
(xxxi)
All persons applying for licensure to the board of massage therapy under title 33, chapter 50 of the Wyoming statutes.
Section 3
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For the period beginning with the effective date of this section through June 30, 2023, there is appropriated twenty thousand dollars ($20,000.00) from the general fund to the department of health. This appropriation shall be expended only for the purpose of providing necessary support and executive secretary services for the licensing board created under section 1 of this act. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2023. It is the intent of the legislature that this general fund appropriation not be included in the board's standard budget request for the immediately succeeding fiscal biennium.
Section 4.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2022.
(b)
This subsection, Section 2 of this act and W.S. 33
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104 and 33
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105 as created by section 1 of 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. Upon this subsection becoming effective, the board of massage therapy may commence drafting and adoption of rules and regulations for the implementation of this act and accept applications for massage therapy licenses to be issued on or after July 1, 2022.
(END)
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SF0091