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HB-5651, As Passed Senate, December 19, 2008

SENATE 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. An individual shall not use the titles "licensed

18 massage therapist", "massage therapist", "masseur", "massagist",

19 "certified massage therapist", "clinical massage therapist",

20 "medical massage therapist", "manual massage therapist", "board

21 certified massage therapist", "massage technician",

22 "myomassologist", "masseuse", "l.m.t.", "m.m.t.", and "c.m.t.",

23 or similar words or initials that indicate that the individual is

24 a massage therapist, unless the individual is licensed under this

25 article as a massage therapist. This section does not prevent the

26 use of a name, title, or initials that are registered or

27 otherwise protected under law and used by a person certified or

1 otherwise approved by a private organization.

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

3 created in the department and consists of the following 11

4 members appointed by the governor who meet the requirements of

5 part 161:

6 (a) Seven 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), 4 shall be appointed

14 for terms of 4 years, 4 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) An individual shall not engage in the

19 practice of massage therapy unless licensed under this part. The

20 practices for which a license is not required under this

21 subsection include, but are not limited to, all of the following:

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

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

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

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

26 the following:

27 (i) The Feldenkrais method.

1 (ii) The Trager approach.

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

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

4 of practice of a profession with established standards and ethics

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

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

7 limited to, all of the following:

8 (i) Polarity or polarity therapy.

9 (ii) Asian bodywork therapy.

10 (iii) Reiki.

11 (iv) Shiatsu.

12 (c) Reflexology.

13 (d) Structural integration.

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

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

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

17 performing activities that are considered massage therapy

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

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

20 initials protected under section 17953.

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

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

23 that they are identified as students and provide massage therapy

24 services only while under the supervision of a licensed massage

25 therapist.

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

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

1 herself out to be a licensed massage therapist.

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

3 completed application and payment of the appropriate application

4 processing and license fee, issue a license under this part to an

5 individual who fulfills all of the following requirements:

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

7 determined by the board.

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

9 1974 PA 381, MCL 338.41.

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

11 (d) Has successfully passed an examination meeting the

12 requirements of section 17961. The passage of this examination

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

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

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

16 than 500 hours of classroom instruction.

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

18 education in a substantially equivalent program in another state,

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

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

21 (2) The department shall issue a license to an applicant who

22 meets the requirements of subsection (1)(a), (b), and (c) and who

23 is currently licensed as a massage therapist in another state,

24 country, jurisdiction, territory, or province that requires

25 standards for licensure that are substantially equivalent to the

26 requirements for licensure under this part, as determined by the

27 board.

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

2 board may issue a license to an applicant who meets the

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

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

5 the following requirements:

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

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

8 national professional massage therapy association that was

9 established before the year 2000, that offers professional

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

11 established code of professional ethics.

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

13 10 hours per week for 5 or more years, as established by

14 affidavit of the applicant.

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

16 10 hours per week for at least 3 years, as established by

17 affidavit of the applicant, and has successfully completed at

18 least 300 hours of formal training in massage therapy acceptable

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

20 schools attended.

21 (d) Has successfully passed an examination meeting the

22 requirements of section 17961. The passage of this examination

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

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

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

26 an examination that measures entry level competence before

27 issuance of a license under this part.

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

2 adopt only those examinations that meet all of the following

3 requirements:

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

5 current standards for educational and professional testing.

6 (b) Has examination standards that comply with pertinent

7 state and federal equal employment opportunity guidelines.

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

9 Sec. 17963. (1) The board shall promulgate rules to create a

10 code of professional ethics.

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

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

13 medical condition appears to constitute a contraindication for

14 massage therapy.

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

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

17 become a member of any nationally recognized trade or

18 professional association.

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

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

21 furnishing of evidence of at least 18 hours, or the equivalent

22 acceptable to the board, of continuing education for each 3-year

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

24 shall include subjects related to the practice of massage

25 therapy.

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

27 local unit of government shall not establish or maintain