HOUSE BILL No. 6001 September 27, 2000, Introduced by Reps. Lemmons, Spade, Woodward, Switalski, Dennis, Hansen, Minore, Bovin, Rivet, Sheltrown, Neumann, Brewer, Quarles, LaForge, Jacobs, Price, Vaughn, Reeves, Rison, Kilpatrick, Jamnick, Scott, Frank, Prusi, Scranton, Tesanovich, Richner, DeHart, Howell, Jellema and Jelinek and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2000 PA 11, and by adding section 16346 and part 185A. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16131. The terms of office of individual members of 2 the boards and task forces, except those appointed to fill vacan- 3 cies, expire 4 years after appointment as follows: 4 Nursing June 30 5 Optometry June 30 6 Pharmacy June 30 7 Podiatric medicine and surgery June 30 06323'00 CPD 2 1 Dentistry June 30 2 Chiropractic December 31 3 Counseling June 30 4 Marriage and family therapy June 30 5 Medicine December 31 6 Occupational therapists December 31 7 Osteopathic medicine and surgery December 31 8 Physical therapy December 31 9 Psychology December 31 10 Social work December 31 11 MASSAGE THERAPY DECEMBER 31 12 Veterinary medicine December 31 13 Sec. 16263. (1) Except as provided in subsection (2), the 14 following words, titles, or letters or a combination thereof, 15 with or without qualifying words or phrases, are restricted in 16 use only to those persons authorized under this article to use 17 the terms and in a way prescribed in this article: 18 (a) "Chiropractic", "doctor of chiropractic", 19 "chiropractor", "d.c.", and "chiropractic physician". 20 (b) "Dentist", "doctor of dental surgery", "oral and maxil- 21 lofacial surgeon", "orthodontist", "prosthodontist", 22 "periodontist", "endodontist", "oral pathologist", "pediatric 23 dentist", "dental hygienist", "registered dental hygienist", 24 "dental assistant", "registered dental assistant", "R.D.A.", 25 "d.d.s.", "d.m.d.", and "r.d.h.". 26 (c) "Doctor of medicine" and "m.d.". 06323'00 3 1 (d) "Physician's assistant" and "p.a.". 2 (e) "Registered professional nurse", "registered nurse", 3 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife", 4 "nurse anesthetist", "nurse practitioner", "trained attendant", 5 and "t.a.". 6 (f) "Doctor of optometry", "optometrist", and "o.d.". 7 (g) "Osteopath", "osteopathy", "osteopathic practitioner", 8 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.". 9 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore", 10 "druggist", "medicine store", "prescriptions", and "r.ph.". 11 (i) "Physical therapy", "physical therapist", 12 "physiotherapist", "registered physical therapist", "licensed 13 physical therapist", "physical therapy technician", "p.t.", 14 "r.p.t.", "l.p.t.", and "p.t.t.". 15 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry", 16 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot 17 specialist", "podiatric physician and surgeon", and "d.p.m.". 18 (k) "Consulting psychologist", "psychologist", 19 "psychological assistant", "psychological examiner", "licensed 20 psychologist", and "limited licensed psychologist". 21 (l) "Licensed professional counselor", "licensed counselor", 22 "professional counselor", and "l.p.c.". 23 (m) "Sanitarian", "registered sanitarian", and "r.s.". 24 (n) "Social worker", "certified social worker", "social work 25 technician", "s.w.", "c.s.w.", and "s.w.t.". 06323'00 4 1 (o) "Veterinary", "veterinarian", "veterinary doctor", 2 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.", 3 "d.v.m.", "animal technician", or "animal technologist". 4 (p) "Occupational therapist", "occupational therapist 5 registered", "certified occupational therapist", "o.t.", 6 "o.t.r.", "c.o.t.", "certified occupational therapy assistant", 7 "occupational therapy assistant", or "c.o.t.a.". 8 (q) "Marriage advisor" or "marriage consultant"; "family 9 counselor", "family advisor", "family therapist", or "family 10 consultant"; "family guidance counselor", "family guidance 11 advisor", or "family guidance consultant"; "marriage guidance 12 counselor", "marriage guidance advisor", or "marriage guidance 13 consultant"; "family relations counselor"; "marriage relations 14 counselor", "marriage relations advisor", or "marriage relations 15 consultant"; "marital counselor" or "marital therapist"; "limited 16 licensed marriage and family therapist" or "limited licensed mar- 17 riage counselor"; "licensed marriage and family therapist" or 18 "licensed marriage counselor"; and "l.m.f.t.". 19 (R) "MASSAGE THERAPIST", "LICENSED MASSAGE THERAPIST", 20 "M.T.", AND "L.M.T.". 21 (2) Notwithstanding section 16261, a person who was spe- 22 cially trained at an institution of higher education in this 23 state to assist a physician in the field of orthopedics and upon 24 completion of training, received a 2-year associate of science 25 degree as an orthopedic physician's assistant before January 1, 26 1977, may use the title "orthopedic physician's assistant" 27 whether or not the person is licensed under this article. 06323'00 5 1 SEC. 16346. FEES FOR AN INDIVIDUAL LICENSED OR SEEKING 2 LICENSURE AS A LICENSED MASSAGE THERAPIST UNDER PART 185A ARE AS 3 FOLLOWS: 4 (A) APPLICATION PROCESSING FEE........................$ 20.00 5 (B) LICENSE FEE, PER YEAR.............................. 50.00 6 PART 185A. MASSAGE THERAPY 7 SEC. 18551. (1) AS USED IN THIS PART: 8 (A) "MASSAGE THERAPIST" MEANS A PERSON WHO IS LICENSED UNDER 9 THIS ARTICLE TO ENGAGE IN THE PRACTICE OF MASSAGE THERAPY. 10 (B) "PRACTICE OF MASSAGE THERAPY" MEANS THE SCIENTIFIC ART 11 OF TISSUE MANIPULATION BY HAND OR WITH A MECHANICAL OR ELECTRICAL 12 INSTRUMENT FOR A THERAPEUTIC PURPOSE, AND MAY INCLUDE THE USE OF 13 OIL RUBS OR THE APPLICATION OF HOT AND COLD TREATMENTS. THE 14 PRACTICE OF MASSAGE THERAPY DOES NOT INCLUDE DIAGNOSIS OF ILL- 15 NESS, GIVING MEDICAL ADVICE, OR DISPENSING OF MEDICATION. 16 (2) IN ADDITION TO THE DEFINITIONS IN THIS PART, ARTICLE 1 17 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION 18 APPLICABLE TO ALL ARTICLES IN THIS CODE AND PART 161 DEFINITIONS 19 APPLICABLE TO THIS PART. 20 SEC. 18553. AFTER THE EFFECTIVE DATE OF THE RULES PROMUL- 21 GATED BY THE BOARD UNDER SECTION 18557, AN INDIVIDUAL SHALL NOT 22 USE THE TITLES "MASSAGE THERAPIST", "LICENSED MASSAGE THERAPIST", 23 "M.T.", OR "L.M.T.", OR SIMILAR WORDS THAT INDICATE THE INDIVID- 24 UAL IS A LICENSED MASSAGE THERAPIST UNLESS THE INDIVIDUAL IS 25 LICENSED UNDER THIS ARTICLE AS A MASSAGE THERAPIST. 06323'00 6 1 SEC. 18555. THE MICHIGAN BOARD OF MASSAGE THERAPY IS 2 CREATED IN THE DEPARTMENT AND CONSISTS OF THE FOLLOWING 9 MEMBERS 3 WHO MEET THE REQUIREMENTS OF PART 161: 4 (A) FIVE INDIVIDUALS WHO MEET THE REQUIREMENTS OF 5 SECTION 16135. 6 (B) FOUR PUBLIC MEMBERS. 7 SEC. 18557. (1) THE BOARD, IN CONSULTATION WITH THE DEPART- 8 MENT, SHALL PROMULGATE RULES THAT SPECIFY THE MINIMUM STANDARDS 9 FOR LICENSURE AS A LICENSED MASSAGE THERAPIST. FOR PURPOSES OF 10 THIS SECTION, THE PROFESSIONAL STANDARDS ISSUED BY THE AMERICAN 11 MASSAGE THERAPY ASSOCIATION OR ANY OTHER RECOGNIZED PROFESSIONAL 12 ASSOCIATION MAY BE ADOPTED BY THE BOARD. THE BOARD SHALL NOT 13 PROMULGATE RULES UNDER THIS SUBSECTION THAT DIMINISH COMPETITION 14 OR EXCEED THE MINIMUM LEVEL OF REGULATION NECESSARY TO PROTECT 15 THE PUBLIC. 16 (2) SUBJECT TO SECTION 16204, THE BOARD SHALL BY RULE PRE- 17 SCRIBE CONTINUING EDUCATION REQUIREMENTS AS A CONDITION FOR 18 LICENSE RENEWAL. 06323'00 Final page. CPD