CHAPTER 64

HB 52-FN – FINAL VERSION

11Mar2009… 0430h

04/22/09 1335s

2009 SESSION

09-0083

10/01

HOUSE BILL 52-FN

AN ACT relative to the regulation of massage therapists.

SPONSORS: Rep. Millham, Belk 5; Rep. P. Preston, Graf 8; Rep. D. Ryder, Hills 5

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill adds temporary licensure of massage therapists and makes various technical changes to the regulation of massage therapists by the commissioner of health and human services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2009… 0430h

04/22/09 1335s

09-0083

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the regulation of massage therapists.

Be it Enacted by the Senate and House of Representatives in General Court convened:

64:1 Regulation of Massage Therapists; Program. Amend RSA 328-B:1 to read as follows:

328-B:1 Regulation of Massage Therapists and Massage Establishments. The general court, to protect the health, safety, and welfare of the people of the state of New Hampshire, establishes a regulatory program for massage therapists [and massage establishments], including establishing basic qualifications for licensure of massage therapists[, providing for the inspection of all massage establishments].

64:2 Definition; Commissioner; Designee. Amend RSA 328-B:2, IV to read as follows:

IV. “Commissioner” means the commissioner of the department of health and human services, or designee.

64:3 Scope of Practice. Amend RSA 328-B:2-a, IV to read as follows:

IV. Performance of techniques in which the massage therapist had been trained intended to affect the [energetic] systems of the body.

64:4 Prohibited Acts; References To Chapter. Amend RSA 328-B:3, I to read as follows:

I. Act or advertise as a massage therapist for compensation without holding a license issued pursuant to [RSA 328-B:6] this chapter.

64:5 Prohibited Acts; References To Chapter. Amend RSA 328-B:3, VI to read as follows:

VI. Hire as an employee massage therapist any person not holding a license issued pursuant to [RSA 328-B:6] this chapter.

64:6 Powers of Commissioner; Inspections Removed. Amend RSA 328-B:4, II to read as follows:

II. Hold hearings, [conduct inspections,] and conduct investigations, public or confidential, and issue orders relating to such hearings and investigations. The contested case provisions of RSA 541-A:31-36 shall apply when a person is aggrieved by a decision of the commissioner under this chapter. Appeals shall be made in accordance with RSA 541.

64:7 Rulemaking. Amend RSA 328-B:4, VII to read as follows:

VII. Pursuant to RSA 541-A, adopt rules relative to:

(a) License application fees.

(b) The contents of license application forms.

(c) The qualifications required for a massage therapist which shall include demonstration of passage of the National Certification Examination for Therapeutic Massage Bodywork or any other nationally recognized certifying examination.

(d) [Repealed.]

(e) License modifications and license renewal applications and fees.

(f) The form, content, time, and retention of special and periodic reports required from licensees.

(g) Exemptions from licensure under RSA 328-B:10.

(h) [Waiver of requirements for a massage therapist’s license for any person licensed in another state or country, as provided in RSA 328-B:6, III] Procedures for temporary licensure under RSA 328-B:5-a.

(i) Procedures for suspension or revocation of a license.

(j) The establishment of [an advisory board approved] a program of continuing education for licensees, as reviewed by the advisory board, which shall require 12 hours of study over a 2-year period for completion before license renewal every 2 years.

(k) A schedule of administrative fines which may be imposed under RSA 328-B:11-a for violation of this chapter or the rules adopted pursuant to it.

(l) Procedures for notice and opportunity for hearing prior to the imposition of an administrative fine imposed under RSA 328-B:11-a.

64:8 Advisory Board. RSA 328-B:5 is repealed and reenacted to read as follows:

328-B:5 Advisory Board of Massage Therapists. The commissioner shall establish the advisory board of massage therapists. The board shall consist of 3 massage therapists who are licensees in the state of New Hampshire. The members shall be appointed for 3 years, staggered so that the term of one member expires each year, and they shall hold office until successors are appointed, and shall serve on the board without any compensation. In no event shall a member serve more than 2 full consecutive terms. The board shall:

I. Review the qualifications of applicants for licenses.

II. Review the qualifications of individuals desiring to conduct massage workshops or seminars who are not licensed in this state.

III. Review the continuing education programs for licensees.

IV. Advise the commissioner regarding the implementation of this chapter.

64:9 New Section; Temporary License. Amend RSA 328-B by inserting after section 5 the following new section:

328-B:5-a Temporary License for Massage Therapists.

I. The commissioner shall issue a temporary license to any person who has attended a massage therapy program in another state who does not currently meet the requirements for licensure, provided that he or she:

(a) Is at least 21 years of age on the date of the application;

(b) Submits documentation of New Hampshire residency;

(c) Has met the requirements of RSA 328-B:6, I(a) and (c);

(d) Has completed a massage therapy program with a minimum of 500 educational hours; and

(e) Provides documentation of practicing as a massage therapist in another state for at least 3 of the preceding 5 years.

II. The temporary license shall be valid for only one year in order for the temporary licensee to complete any additional educational or examination requirements for a massage therapy license in accordance with RSA 328-B:4, VII(c) and the rules adopted under this chapter.

III. A temporary license shall not be renewed.

64:10 Reciprocity; Convictions. Amend RSA 328-B:6, I(c) to read as follows:

(c) Has not been convicted in New Hampshire or in any other state of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime [or a crime involving moral turpitude for the 10 years immediately preceding the date of application].

64:11 License Revocation or Suspension. Amend RSA 328-B:8, III and IV to read as follows:

III. Fails to respond to any lawful inquiry of the commissioner; or

IV. Is convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime or a crime involving moral turpitude[; or].

64:12 Exemptions; Application of Chapter. Amend RSA 328-B:10 to read as follows:

328-B:10 Exemptions; Application of Chapter.

I. Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law, or any person employed by such a licensee as an assistant, from performing the occupation for which he or she is licensed.

II. [This chapter shall not apply to athletic trainers to the extent they are performing bona fide training services for an athletic team located or training within this state.

III. The commissioner may by rule exempt other classes of persons from all or part of the provisions of this chapter if the commissioner finds that the public interest will be served by such exemption.] Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses touch, words, and directed movement to deepen awareness of existing patterns of movement as well as to suggest new possibilities of movement, while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, the Alexander technique, and body-mind centering.

III. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses energy or superficial touch to affect the energy systems of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to, polarity therapy, therapeutic touch, and reiki.

64:13 Administrative Fines; Opportunity for Hearing. Amend RSA 328-B:11-a to read as follows:

328-B:11-a Administrative Fines. The commissioner of the department of health and human services, after notice and opportunity for hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted pursuant to it. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.

64:14 Repeal. RSA 328-B:13, relative to home rule to regulate massage, is repealed.

64:15 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 9, 2009

Effective Date: August 8, 2009