HOUSE BILL No. 5001

October 20, 2015, Introduced by Reps. Lauwers, Leutheuser, Glenn, Chatfield, Johnson, Callton, Bumstead, Cole, Santana, LaVoy and Kosowski and referred to the Committee on Regulatory Reform.

 

     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 a

 

completed application and payment of the appropriate application

 

processing and license fee, 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 and presented evidence in

 

the form of an academic transcript that is satisfactory to the

 

board of at least 1 of the following:

 

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

 

500 includes at least 625 hours of classroom instruction.

 

     (ii) At least 500 625 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.

 

     (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) (1)(a) and (b) 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 that meets

 

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).(1)(d).

 

     (4) The department shall issue a temporary license as a

 

massage therapist to an individual who is preparing for the

 

examination described in subsection (1)(c); has successfully

 

completed a supervised curriculum described in subsection (1)(d)(i)

 

and provides a copy of his or her academic transcript to the board;

 

and meets the requirements of subsection (1)(a) and (b). The term

 

of a temporary license issued under this section expires 60 days

 

after the date the temporary license is issued, on the date the

 

individual is notified that he or she has not passed the

 


examination, or on the date his or her application for a license as

 

a massage therapist is denied for any reason, whichever occurs

 

first.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.