WEST VIRGINIA LEGISLATURE
2025 REGULAR SESSION
Introduced
Senate Bill 496
By Senators Thorne and Rucker
[Introduced February 14, 2025; referred
to the Committee on Government Organization]
A BILL to amend and reenact §30-37-2 of the Code of West Virginia, 1931, as amended, relating to massage therapists; and clarifying the definition of “massage therapy”.
Be it enacted by the Legislature of West Virginia:
(a) "Board" means the West Virginia Massage Therapy Licensure Board.
(b) "Massage therapist" means a person licensed to practice the health care service of massage therapy under this article who practices or administers massage therapy to a client of either gender for compensation. No person licensed by the massage therapy licensure board may be referred to as a primary care provider nor be permitted to use such designation.
(c) "Massage therapy" means a health care service which is a scientific and skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone, circulation, promoting health and physical well-being. Massage therapy includes massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage including hydrotherapy, superficial hot and cold applications, vibration and topical applications or other therapies which involve manipulation of the muscle and connective tissue of the body, for the purpose of enhancing health, reducing stress, improving circulation, aiding muscle relaxation, increasing range of motion, or relieving neuro-muscular pain. Massage therapy does not include diagnosis or service which requires a license to practice medicine or surgery, osteopathic medicine, chiropractic, or podiatry, and does not include service performed by nurses, occupational therapists, or physical therapists, or energy work practitioners (including acupuncture, reiki, reflexology, qigong, sound healing, healing touch) who act under their own professional license, certificate or registration.
(d) "Massage establishment" means a place of business wherein massage therapy is practiced, with a physical site or premise, including mobile sites, licensed as required by this article, in which licensed massage therapists are employees or contractors practicing massage therapy on clients.
(e) "Sole practitioner" means a licensed massage therapist who is licensed pursuant to this article, who is not an employee or contractor of the sole practitioner or an establishment, and who provides massage therapy to clients at a specific location including, but not limited to, a rental space, home office space, offsite, or onsite space.
NOTE: The purpose of this bill is to clarify that energy work practitioners do not fall under the definition of massage therapy.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.