HB-5651, As Passed House, June 25, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5651

      A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 16334 and part

179A.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1  Sec. 16334. Fees for an individual licensed or seeking

 2  licensure as a massage therapist under part 179A are as follows:

3       (a) Application processing fee.................  $ 20.00

4       (b) License fee, per year......................    75.00

 5                    PART 179A. MASSAGE THERAPY

 6  Sec. 17951. (1) As used in this part:

 7        (a) "Feldenkrais method" means a system of somatic education

 1  in which touch and words are used to eliminate faulty habits,

 2  learn new patterns of self-organization and action, and improve a

 3  person's own functional movement patterns. Feldenkrais method is

 4  based on principles of physics, biomechanics, and an

 5  understanding of, or learning about, human development.

 6        (b) "Massage therapist" means an individual engaged in the

 7  practice of massage therapy.

 8        (c) "Polarity therapy" means diverse applications affecting

 9  the human energy system and includes energetic approaches to

10  somatic contact, verbal facilitation, nutrition, exercise, and

11  health education. Polarity therapy does not make medical claims,

12  diagnose physical ailments, or allow prescription of medications.

13        (d) "Practice of massage therapy" means the application of a

14  system of structured touch, pressure, movement, and holding to

15  the soft tissue of the human body in which the primary intent is

16  to enhance or restore the health and well-being of the client.

17  Practice of massage therapy includes complementary methods,

18  including the external application of water, heat, cold,

19  lubrication, salt scrubs, body wraps, or other topical

20  preparations; and electromechanical devices that mimic or enhance

21  the actions possible by the hands. Practice of massage therapy

22  does not include medical diagnosis; practice of physical therapy;

23  high-velocity, low-amplitude thrust to a joint; electrical

24  stimulation; application of ultrasound; or prescription of

25  medicines.

26        (e) "School" means any of the following accredited or

27  licensed institutions of higher education that meet the minimum

 1  standards and curriculum, in compliance with section 16148:

 2        (i) A public or private community college, college, or

 3  university.

 4        (ii) A public or private trade, vocational, or occupational

 5  school.

 6        (f) "Trager approach" means a form of movement education

 7  that uses subtle directed movements and the skilled touch of a

 8  practitioner. The Trager approach combines physical movement with

 9  sensory awareness and internal imagery designed to increase the

10  client's self-awareness and generate physiological changes in the

11  body tissues so as to allow the client to experience a new way of

12  moving his or her body.

13        (2) In addition to the definitions in this part, article 1

14  contains general definitions and principles of construction

15  applicable to all articles in this act and part 161 contains

16  definitions applicable to this part.

17  Sec. 17953. Beginning January 1, 2009, an individual shall

18  not use the titles "licensed massage therapist", "massage

19  therapist", "masseur", "massagist", "certified massage

20  therapist", "clinical massage therapist", "medical massage

21  therapist", "manual massage therapist", "board certified massage

22  therapist", "massage technician", "myomassologist", "masseuse",

23  "l.m.t.", "m.m.t.", and "c.m.t.", or similar words or initials

24  that indicate that the individual is a massage therapist, unless

25  the individual is licensed under this article as a massage

26  therapist. This section does not prevent the use of a name,

27  title, or initials that are registered or otherwise protected

 1  under law and used by a person certified or otherwise approved by

 2  a private organization.

 3        Sec. 17955. (1) The Michigan board of massage therapy is

 4  created in the department and consists of the following 9 members

 5  appointed by the governor who meet the requirements of part 161:

 6        (a) Five individuals who meet the requirements of section

 7  16135(2).

 8        (b) Four public members.

 9        (2) Except as otherwise provided in this subsection, the

10  terms of office of individual members of the board created under

11  subsection (1) expire 4 years after appointment on December 31 of

12  the year in which the term will expire. Of the members first

13  appointed to the board under subsection (1), 3 shall be appointed

14  for terms of 4 years, 3 shall be appointed for terms of 3 years,

15  and 3 shall be appointed for terms of 2 years. The term of office

16  of an individual appointed to fill a vacancy expires at the end

17  of the term of the vacancy being filled.

18        Sec. 17957. (1) Beginning January 1, 2009, an individual

19  shall not engage in the practice of massage therapy unless

20  licensed under this part. The practices for which a license is

21  not required under this subsection include, but are not limited

22  to, all of the following:

23        (a) The use of touch, words, or directed movement to deepen

24  awareness of patterns of movement in the body as long as those

25  services are not designated or implied to be massage or massage

26  therapy. These practices include, but are not limited to, all of

27  the following:

 1        (i) The Feldenkrais method.

 2        (ii) The Trager approach.

 3        (iii) Structural integration.

 4        (b) The affectation of the human energy system or acupoints

 5  or qi meridians of the human body while engaged within the scope

 6  of practice of a profession with established standards and ethics

 7  and as long as those services are not designated or implied to be

 8  massage or massage therapy. These practices include, but are not

 9  limited to, all of the following:

10        (i) Polarity or polarity therapy.

11        (ii) Asian bodywork therapy.

12        (iii) Reiki.

13        (iv) Shiatsu.

14        (c) Reflexology.

15        (2) The department shall provide for a 3-year license cycle.

16        (3) Subsection (1) does not prevent any of the following:

17        (a) An individual licensed under any other part or act from

18  performing activities that are considered massage therapy

19  services if those activities are within the individual's scope of

20  practice and if the individual does not use the titles, words, or

21  initials protected under section 17953.

22        (b) The practice of massage therapy that is an integral part

23  of a program of study by students enrolled in a school, provided

24  that they are identified as students and provide massage therapy

25  services only while under the supervision of a licensed massage

26  therapist.

27        (c) Self-care by a patient or uncompensated care by a friend

 1  or family member who does not represent or hold himself or

 2  herself out to be a licensed massage therapist.

 3        Sec. 17959. (1) The department shall, upon submission of a

 4  completed application and payment of the appropriate application

 5  processing and license fee, issue a renewable license under this

 6  part to an individual who fulfills all of the following

 7  requirements:

 8        (a) Has a high school diploma or the equivalent as

 9  determined by the board.

10        (b) Is of good moral character as defined in section 1 of

11  1974 PA 381, MCL 338.41.

12        (c) Is at least 18 years of age.

13        (d) Has successfully passed an examination meeting the

14  requirements of section 17961. The passage of this examination

15  may have occurred before the effective date of this section.

16        (e) Has successfully completed at least 1 of the following:

17        (i) A supervised curriculum in a school that has not less

18  than 500 hours of classroom instruction.

19        (ii) At least 500 hours of course and clinical massage

20  education in a substantially equivalent program in another state,

21  country, jurisdiction, territory, or province that, on a case-by-

22  case review, is found by the board to be sufficient.

23        (2) The department shall issue a renewable license to an

24  applicant who meets the requirements of subsection (1)(a), (b),

25  and (c) and who is currently licensed as a massage therapist in

26  another state, country, jurisdiction, territory, or province that

27  requires standards for licensure that are substantially

 1  equivalent to the requirements for licensure under this part, as

 2  determined by the board.

 3        (3) Until 2 years after the effective date of this part, the

 4  board may issue a renewable license to an applicant who meets the

 5  requirements of subsection (1)(a), (b), and (c) and presents

 6  proof acceptable to the board that he or she has fulfilled 1 of

 7  the following requirements:

 8        (a) For at least 1 year before the effective date of this

 9  part, has been an active member, as a massage therapist, of a

10  national professional massage therapy association that was

11  established before the year 2000, that offers professional

12  liability insurance as a benefit of membership, and that has an

13  established code of professional ethics.

14        (b) Has practiced massage therapy for an average of at least

15  10 hours per week for 5 or more years, as established by

16  affidavit of the applicant.

17        (c) Has practiced massage therapy for an average of at least

18  10 hours per week for at least 3 years, as established by

19  affidavit of the applicant, and has successfully completed at

20  least 300 hours of formal training in massage therapy acceptable

21  to the board, as established by evidence from the school or

22  schools attended.

23        (d) Has successfully passed an examination meeting the

24  requirements of section 17961. The passage of this examination

25  may have occurred before the effective date of this section.

26        (e) Has fulfilled the requirement under subsection (1)(e).

27        Sec. 17961. (1) The board shall provide that applicants pass

 1  an examination that measures entry level competence before

 2  issuance of a license under this part.

 3        (2) For licensure purposes under this part, the board shall

 4  adopt only those examinations that meet all of the following

 5  requirements:

 6        (a) Are statistically validated through a job analysis under

 7  current standards for educational and professional testing.

 8        (b) Has examination standards that comply with pertinent

 9  state and federal equal employment opportunity guidelines.

10        (c) Are available to all potential candidates for licensure.

11        Sec. 17963. (1) The board shall promulgate rules to adopt a

12  code of professional ethics.

13        (2) A licensee shall make a written referral of a client to

14  an appropriate health professional if the client's physical or

15  medical condition appears to constitute a contraindication for

16  massage therapy.

17        (3) The board and department shall not, by rule or

18  otherwise, restrict the right of a licensee to participate in and

19  become a member of any nationally recognized trade or

20  professional association.

21        Sec. 17965. Subject to section 16204, the board shall, by

22  rule, require as a condition of renewal of a license the

23  furnishing of evidence of at least 6 hours, or the equivalent

24  acceptable to the board, of continuing education for each year of

25  the license cycle. The courses shall be approved by the board and

26  shall include subjects related to the practice of massage

27  therapy.

 1        Sec. 17966. Upon the request of a local governing entity and

 2  pursuant to section 2235, the department may authorize a local

 3  health department to enforce this part and any rules promulgated

 4  under this part. A local health department authorized to enforce

 5  this part and any rules promulgated under this part shall enforce

 6  this part and any rules promulgated under this part pursuant to

 7  sections 2461(2) and 2462. In addition to the penalties and

 8  remedies under this part, a local health department may enforce

 9  this part and any rules promulgated under this part through an

10  action commenced pursuant to section 2465 or any other

11  appropriate action authorized by law. In addition to any other

12  enforcement action authorized by law, a person alleging a

13  violation of this part may bring a civil action in a court of

14  competent jurisdiction for appropriate injunctive relief.

15        Sec. 17967. Beginning the effective date of this part, a

16  local unit of government shall not establish or maintain

17  licensing requirements for a massage therapist licensed under

18  this part.

19        Sec. 17969. This part does not require new or additional

20  third party reimbursement or mandated worker's compensation

21  benefits for services rendered by an individual licensed under

22  this part.