Introduced Version






HOUSE BILL No. 1302

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 25-21.8.

Synopsis: Massage therapists. Requires massage therapists to be licensed. (Currently they are certified.) Provides that all individuals practicing massage therapy must be licensed. (Current law requires certification to use the name "certified massage therapist".) Prohibits local units of government from establishing or maintaining licensing requirements for massage therapy. Makes conforming changes.

Effective: July 1, 2011.





Yarde




    January 13, 2011, read first time and referred to Committee on Public Health.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1302



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-21.8-2-2; (11)IN1302.1.1. -->     SECTION 1. IC 25-21.8-2-2, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) The board consists of five (5) members appointed by the governor as follows:
        (1) Three (3) massage therapists, each of whom:
            (A) is certified licensed under this article; and
            (B) has been actively practicing massage therapy for at least three (3) of the five (5) years immediately preceding the individual's appointment.
        (2) Two (2) members of the general public. A board member appointed under this subdivision must not:
            (A) be certified licensed under this article;
            (B) be the spouse of an individual who is certified licensed or intends to be certified licensed under this article; or
            (C) have a direct or an indirect financial interest in the profession regulated under this article.
    (b) A massage therapist member of the board is not required to be

a member of a professional massage therapy association. However:
        (1) not more than one (1) massage therapist member appointed to the board may belong to the same professional massage therapy association; and
        (2) one (1) massage therapist member must not be a member of a professional massage therapy association.

SOURCE: IC 25-21.8-2-9; (11)IN1302.1.2. -->     SECTION 2. IC 25-21.8-2-9, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. The board shall adopt rules under IC 4-22-2 regarding standards:
         (1) for the competent practice of massage therapy; and
        (2) necessary to administer and enforce this article.

SOURCE: IC 25-21.8-3-1; (11)IN1302.1.3. -->     SECTION 3. IC 25-21.8-3-1, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) The board shall do the following:
        (1) Administer and enforce this article.
        (2) Adopt rules under IC 4-22-2 for the administration and enforcement of this article.
        (3) Judge the qualifications of applicants for certification licensure under this article.
        (4) Issue, deny, or renew certifications licenses under this article.
        (5) Subject to IC 4-21.5, IC 25-1-7, and IC 25-1-11, discipline individuals who are certified licensed under this article for violations of this article.
        (6) Establish reasonable fees for examination, certification license applications, renewal of certifications, licenses, and other services.
        (7) Maintain a record of all proceedings.
        (8) Maintain records of certified licensed massage therapists.
        (9) Adopt at least two (2) examinations that an applicant may use for certification licensure under this article.
    (b) The board may do the following:
        (1) Conduct administrative hearings.
        (2) Administer oaths in matters relating to the discharge of the official duties of the board.
SOURCE: IC 25-21.8-4-1; (11)IN1302.1.4. -->     SECTION 4. IC 25-21.8-4-1, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. An application for a massage therapist certification licensure must be:
        (1) made to the board in the form and manner provided by the board; and
        (2) accompanied by an application fee in the amount set by the

board.

SOURCE: IC 25-21.8-4-2; (11)IN1302.1.5. -->     SECTION 5. IC 25-21.8-4-2, AS AMENDED BY P.L.177-2009, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. An individual who applies for certification licensure as a massage therapist must do the following:
        (1) Furnish evidence satisfactory to the board showing that the individual:
            (A) is at least eighteen (18) years of age;
            (B) has a high school diploma or the equivalent of a high school diploma;
            (C) has successfully completed a massage therapy school or program that:
                (i) requires at least five hundred (500) hours of supervised classroom and hands on instruction on massage therapy;
                        (ii) is in good standing with a state, regional, or national agency of government charged with regulating massage therapy schools or programs; and
                (iii) is accredited by the Indiana commission on proprietary education established by IC 21-17-2-1 or accredited by another state where the standards for massage therapy education are substantially the same as the standards in Indiana, or is a program at an institution of higher learning that is approved by the board; and
            (D) has taken and passed a certification an examination approved by the board.
        (2) Provide a history of any criminal convictions the individual has, including any convictions related to the practice of the profession. The board shall deny an application for certification licensure if the applicant:
            (A) has been convicted of:
                (i) prostitution;
                (ii) rape; or
                (iii) sexual misconduct; or
            (B) is a registered sex offender.
        (3) Provide proof that the applicant has professional liability insurance in force that lists the state as an additional insured.
        (4) Verify the information submitted on the application form.
        (5) Pay fees established by the board.
SOURCE: IC 25-21.8-4-3; (11)IN1302.1.6. -->     SECTION 6. IC 25-21.8-4-3, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) It is unlawful for an individual who is not certified licensed under this article may not: to:
         (1) engage in the practice of massage therapy;
        (1) (2) profess to be a certified licensed massage therapist; or
        (2) (3) use:
            (A) the title "Certified Massage Therapist" "licensed massage therapist", or "massage therapist";
            (B) the abbreviation "CMT" "LMT", or "MT", or to imply
            the person is a certified licensed massage therapist.
     (b) This article may not be construed to limit the use of touch, words, and directed movement performed by a person holding a valid license or certificate under this title when the person is acting within the scope of the person's license or certificate.
SOURCE: IC 25-21.8-4-4; (11)IN1302.1.7. -->     SECTION 7. IC 25-21.8-4-4, AS ADDED BY P.L.177-2009, SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. A massage therapist who is certified licensed under this article shall provide proof of certification licensure when practicing massage therapy.
SOURCE: IC 25-21.8-4-5; (11)IN1302.1.8. -->     SECTION 8. IC 25-21.8-4-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) If an individual was certified as a massage therapist on June 30, 2011, under this article:
        (1) the individual is considered to be licensed as a massage therapist on July 1, 2011; and
        (2) the board shall issue a license to the individual under this article.
    (b) Notwithstanding subsection (a), the board and the Indiana professional licensing agency are
not required to issue a:
        (1) wall license to a licensed individual described in subsection (a); and
        (2) new pocket license to a licensed individual described in subsection (a);
until the license renewal period beginning December 1, 2012.
    (c) This section expires January 1, 2013.

SOURCE: IC 25-21.8-5-1; (11)IN1302.1.9. -->     SECTION 9. IC 25-21.8-5-1, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) The board may grant certification licensure by endorsement to an individual who:
        (1) is licensed, certified, or registered in another state having credentialing standards that are at least as strict as the credentialing standards specified under this article;
        (2) is in good standing with the standards of the other state or country;
        (3) pays an application fee established by the board; and
        (4) provides a history of the individual's criminal convictions, if any, including any criminal convictions relating to the practice of the profession.
    (b) The board shall deny an application for certification licensure if the applicant:
        (1) has been convicted of:
            (A) prostitution;
            (B) rape; or
            (C) sexual misconduct; or
        (2) is a registered sex offender.
    (c) An applicant for a certification licensure by endorsement shall cause each state that previously credentialed the applicant to provide the board with the applicant's current status in the state.
     (d) The board may grant a license to a massage therapist who is licensed or certified and in good standing in another state if the standards for massage therapy education are substantially equivalent to the standards in Indiana.
SOURCE: IC 25-21.8-6-1; (11)IN1302.1.10. -->     SECTION 10. IC 25-21.8-6-1, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. A certification license issued by the board is valid for four (4) years. A certification license expires at midnight on the date established by the licensing agency under IC 25-1-6-4 and every four (4) years thereafter, unless renewed before that date.
SOURCE: IC 25-21.8-6-2; (11)IN1302.1.11. -->     SECTION 11. IC 25-21.8-6-2, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. An individual who applies to renew certification licensure as a massage therapist must:
        (1) apply for renewal in the manner required by the board; and
        (2) pay a renewal fee established by the board.
SOURCE: IC 25-21.8-6-4; (11)IN1302.1.12. -->     SECTION 12. IC 25-21.8-6-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. The board shall establish continuing education requirements not to exceed forty-eight (48) hours for a renewal cycle as a condition of license renewal.
SOURCE: IC 25-21.8-7-3; (11)IN1302.1.13. -->     SECTION 13. IC 25-21.8-7-3, AS ADDED BY P.L.200-2007, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. If an individual certified licensed under this article is convicted of a crime, the individual is responsible for notifying the board not later than thirty (30) days after the conviction.
SOURCE: IC 25-21.8-8; (11)IN1302.1.14. -->     SECTION 14. IC 25-21.8-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 8. Local Preemption
     Sec. 1. Beginning January 1, 2012, a local unit of government may not establish or maintain professional licensing requirements for massage therapists.