HB-5001, As Passed House, December 13, 2016

HB-5001, As Passed Senate, December 7, 2016

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5001

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 17959 (MCL 333.17959), as amended by 2010 PA

304.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 17959. (1) The department shall, upon submission of If it

receives a completed application and payment of the appropriate

application processing and license fee, the department shall issue

a license under this part to an individual who fulfills all of the

following requirements:

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

by the board.

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

1974 PA 381, MCL 338.41.

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

(c) (d) Has successfully passed an examination meeting that

meets the requirements of section 17961. The passage of this

examination may have occurred before January 9, 2009.

(d) (e) Has successfully completed at least 1 of the

following:

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

500 hours of classroom instruction.1 of the following, and provides

an academic transcript that is satisfactory to the board as

evidence of successful completion:

     (i) A massage education program that meets all of the

following:

     (A) Includes at least 500 hours of classroom instruction to

complete the program if the applicant is or was enrolled in the

school before August 1, 2017, or at least 625 hours of classroom

instruction if the applicant enrolls in the school on or after

August 1, 2017.

     (B) Uses only classroom instruction described in subsection

(3)(a)(i) to provide program components that contain psychomotor

domain learning, including palpation, hands-on techniques, and

clinical or lab experiences, or to provide other program components

that the board determines require classroom instruction described

in subsection (3)(a)(i).

     (C) All classroom instruction in the program is facilitated by

a qualified instructor who is trained in the subject matter he or

she is teaching, and, if the classroom instruction is provided by

distance education, is trained in distance education teaching

methods.

     (ii) At least 500 The following number of hours of course and

clinical massage education in a substantially equivalent program in

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

on a case-by-case review, is found by the board to be sufficient: .

     (A) If the applicant is or was enrolled in the school before

August 1, 2017, at least 500 hours.

     (B) If the applicant enrolls in the school on or after August

1, 2017, at least 625 hours.

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

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

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

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

requires standards for licensure that are substantially equivalent

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

the board.

     (3) Until 2 years after the effective date of the rules

promulgated under this part, the board may issue a license to an

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

(c) and presents proof acceptable to the board that he or she has

fulfilled 1 of the following requirements:

     (a) For at least 1 year before January 9, 2009, has been an

active member, as a massage therapist, of a national professional

massage therapy association that was established before the year

2000, that offers professional liability insurance as a benefit of

membership, and that has an established code of professional

ethics.

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

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

of the applicant.

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

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

of the applicant, and has successfully completed at least 300 hours

of formal training in massage therapy acceptable to the board, as

established by evidence from the school or schools attended.

     (d) Has successfully passed an examination meeting the

requirements of section 17961. The passage of this examination may

have occurred before January 9, 2009.

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

     (3) As used in this section:

     (a) "Classroom instruction" means educational instruction that

meets either of the following:

     (i) Is provided at a physical location where the students and

an instructor are present.

     (ii) Is provided by distance education.

     (b) "Distance education" means instruction that meets all of

the following:

     (i) Is provided electronically or online.

     (ii) Does not require that the students and the instructor are

physically present at the same place.

     (iii) Allows for regular interaction between the students and

instructor through a learning management system, online discussion

board, live chat, or virtual classroom.

     (iv) Provides a method for unique sign-in for student

identification, provides for timely communication between

instructors and students, and allows students to monitor their

grades and progress.