February 14, 2011
SENATE BILL No. 500
_____
DIGEST OF SB 500
(Updated February 13, 2011 1:18 pm - DI 110)
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.
Landske
January 13, 2011, read first time and referred to Committee on Public Policy.
February 14, 2011, amended, reported favorably _ Do Pass.
February 14, 2011
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 500
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)SB0500.1.1. -->
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)SB0500.1.2. -->
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
that:
(1) regarding establish standards for the competent practice of
massage therapy; and
(2) are necessary for the administration and enforcement of
this article.
SOURCE: IC 25-21.8-3-1; (11)SB0500.1.3. -->
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
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 25-21.8-4-0.5; (11)SB0500.1.4. -->
SECTION 4. IC 25-21.8-4-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 0.5. This article does not apply to
a health care provider who is acting within the scope of the health
care provider's license, registration, or certificate.
SOURCE: IC 25-21.8-4-1; (11)SB0500.1.5. -->
SECTION 5. 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 license 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)SB0500.1.6. -->
SECTION 6. 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)SB0500.1.7. -->
SECTION 7. 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. An It is unlawful for an individual who is not
certified licensed under this article may not: to:
(1) engage in the practice of message 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", "Licensed
Massage Practitioner", "Massage Practitioner",
"Masseur", or "Myotherapist"; or
(B) the abbreviation "CMT" "LMT", or "MT", or "LMP"; or
(C) other words, initials, letters, abbreviations, or insignia
indicating or implying that to imply the person individual is
a certified licensed massage therapist.
SOURCE: IC 25-21.8-4-4; (11)SB0500.1.8. -->
SECTION 8. 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)SB0500.1.9. -->
SECTION 9. 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 is 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 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.
SOURCE: IC 25-21.8-5-1; (11)SB0500.1.10. -->
SECTION 10. 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 in that other state are
substantially equivalent to the standards established under this
article.
SOURCE: IC 25-21.8-6-1; (11)SB0500.1.11. -->
SECTION 11. 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)SB0500.1.12. -->
SECTION 12. 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 25-21.8-7-3; (11)SB0500.1.13. -->
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)SB0500.1.14. -->
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.