Bill Text: IN SB0500 | 2011 | Regular Session | Amended
Bill Title: Massage therapists.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Public Health [SB0500 Detail]
Download: Indiana-2011-SB0500-Amended.html
Citations Affected: IC 25-21.8.
Synopsis: Massage therapists. Provides that an individual must be
licensed by the state board of massage therapy to engage in the practice
of massage therapy. (Under current law, massage therapists are
certified by the board but certification is not required for the practice
of massage therapy.) Prohibits local units of government from
establishing or maintaining licensing requirements for massage
therapy. Provides that the massage therapy licensing requirements do
not apply to a health care provider who is acting within the scope of the
health care provider's license, registration, or certificate. Makes
conforming changes.
Effective: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Public Policy.
February 14, 2011, amended, reported favorably _ Do Pass.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
(1) Three (3) massage therapists, each of whom:
(A) is
(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
(B) be the spouse of an individual who is
(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.
(1)
(2) are necessary for the administration and enforcement of this article.
(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
(4) Issue, deny, or renew
(5) Subject to IC 4-21.5, IC 25-1-7, and IC 25-1-11, discipline individuals who are
(6) Establish reasonable fees for examination,
(7) Maintain a record of all proceedings.
(8) Maintain records of
(9) Adopt at least two (2) examinations that an applicant may use for
(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.
(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.
(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
(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
(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.
(1) engage in the practice of message therapy;
(A) the title
(B) the abbreviation
(C) other words, initials, letters, abbreviations, or insignia indicating or implying that
(1) the individual is considered to be licensed as a massage therapist on July 1, 2011; and
(2) the state board of massage therapy established by IC 25-21.8-2-1 shall issue a license to the individual under this article.
(b) Notwithstanding subsection (a), the state board of massage therapy and the Indiana professional licensing agency are not required to issue:
(1) a wall license to an individual described in subsection (a); or
(2) a new pocket license to an individual described in subsection (a);
until the license renewal period beginning December 1, 2012.
(c) This section expires January 1, 2013.
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 in that other state are
substantially equivalent to the standards established under this
article.
(1) apply for renewal in the manner required by the board; and
(2) pay a renewal fee established by the board.
article is convicted of a crime, the individual is responsible for
notifying the board not later than thirty (30) days after the conviction.
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.
