1 STATE OF OKLAHOMA
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2 2nd Session of the 58th Legislature (2022)
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3 SENATE BILL 1741 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to massage therapy; amending 59 O.S.
7 2021, Section 4200.2, which relates to definitions;
8 adding definitions; amending 59 O.S. 2021, Section
8 4200.3, which relates to massage therapy licensing;
9 requiring license to operate massage therapy
9 establishment; preventing licensed nonresident to
10 operate if services are opened to general public;
10 updating statutory reference; amending 59 O.S. 2021,
11 Section 4200.4, which relates to the authority of the
11 State Board of Cosmetology and Barbering; expanding
12 authority over certain permits and inspections;
12 removing the Advisory Board on Massage Therapy;
13 reducing massage therapy license fee; establishing
13 license fee for establishment license; authorizing
14 the Board to issue original licenses and temporary
14 work permits; providing conditions for licensees to
15 be denied or placed on probation by the Board;
15 requiring disclosure of certain crimes; defining
16 terms; allowing the Board to require an applicant to
16 submit to a national criminal history record check;
17 amending 59 O.S. 2021, Section 4200.5, which relates
17 to license requirements; removing the requirements
18 needed for licensing during certain time frame;
18 establishing licensing standards for an original
19 license; removing necessity for liability insurance;
19 establishing massage therapy establishment license;
20 providing for requirements necessary for issuances of
20 license by Board; requiring disclosure of certain
21 crimes; establishing standards for renewal; amending
21 59 O.S. 2021, Section 4200.6, which relates to
22 license posting; requiring license postage at each
22 place of business; amending 59 O.S. 2021, Section
23 4200.7, which relates to massage therapy schools;
23 expanding authorized schools necessary to be
24 licensed; amending 59 O.S. 2021, Section 4200.9,
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 1 which relates to out-of-state license; removing
1 conditions for issuance of out-of-state license;
2 allowing the Board to issue temporary work permits;
2 providing conditions for issuance of temporary work
3 permit; requiring expiration of permit without the
3 ability to renew; establishing massage therapist
4 license renewal; providing for conditions for license
4 renewal; requiring disclosure of certain crimes;
5 providing for renewal in certain time frame;
5 establishing fees for renewal; requiring submission
6 of proof of completion of continuing education for
6 renewal; requiring reapplication for a license if not
7 renewed in certain time frame; amending 59 O.S. 2021,
7 Section 4200.10, which relates to preemption;
8 providing preemption for massage therapy
8 establishments; amending 59 O.S. 2021, Section
9 4200.11, which relates to disciplinary actions and
9 proceedings; authorizing the Board to conduct
10 investigations; requiring records and information in
10 connection to investigations to be confidential;
11 allowing for exception to confidentiality for use by
11 law enforcement and regulatory agencies; establishing
12 administrative fines for violations of act;
12 authorizing the Board to issue field citations;
13 allowing for citations to impose actions and fines;
13 requiring a hearing following issuance of citation;
14 allowing for payment of fine without hearing
14 resulting in acknowledgement of violation;
15 establishing punishment by fine or imprisonment for
15 violations made by unlicensed persons, firms, or
16 corporations; authorizing the Board to levy
16 administrative fees to unlicensed individuals and
17 owners of establishments; providing exempted
17 individuals from provisions of the act; repealing 59
18 O.S. 2021, Sections 4200.8 and 4200.13, which relate
18 to examination for licensure and violations;
19 providing for codification; and providing an
19 effective date.
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22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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23 SECTION 1. AMENDATORY 59 O.S. 2021, Section 4200.2, is
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24 amended to read as follows:
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 1 Section 4200.2. As used in the Massage Therapy Practice Act:
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2 1. "Board" means the State Board of Cosmetology and Barbering;
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3 2. "Direct access" means the ability that the public has to
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4 seek out treatment by a massage therapist without the direct
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5 referral from a medical or health care professional;
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6 3. "Massage therapist" means an individual who practices
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7 massage or massage therapy and is licensed under pursuant to the
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8 Massage Therapy Practice Act. A massage therapist uses visual,
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9 kinesthetic, and palpatory skills to assess the body and may
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10 evaluate a condition to the extent of determining whether massage is
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11 indicated or contraindicated;
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12 4. "Massage therapy" means the skillful treatment of the soft
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13 tissues of the human body. Massage is designed to promote general
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14 relaxation, improve movement, relieve somatic and muscular pain or
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15 dysfunction, stress and muscle tension, provide for general health
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16 enhancement, personal growth, education and the organization,
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17 balance and integration of the human body and includes, but is not
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18 limited to:
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19 a. the use of touch, pressure, friction, stroking,
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20 gliding, percussion, kneading, movement, positioning,
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21 holding, range of motion and nonspecific stretching
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22 within the normal anatomical range of movement, and
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23 vibration by manual or mechanical means with or
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 1 without the use of massage devices that mimic or
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2 enhance manual measures, and
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3 b. the external application of ice, heat and cold packs
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4 for thermal therapy, water, lubricants, abrasives and
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5 external application of herbal or topical preparations
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6 not classified as prescription drugs; and
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7 5. "Massage Therapy Establishment" means any fixed business
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8 location, address, building, or property where a person engages in,
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9 conducts, carries on, or permits the practice of massage therapy.
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10 The definition excludes offices or workplaces of licensed health
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11 care professionals exempted from the provisions of the Massage
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12 Therapy Practice Act;
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13 6. "Massage therapy school" means a facility providing
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14 instruction in massage therapy;
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15 7. "Person" means an individual, partnership, limited liability
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16 company, corporation, or association, unless the context otherwise
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17 requires;
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18 8. "Poses a reasonable threat" means the nature of criminal
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19 conduct for which the person was convicted involved an act or threat
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20 of harm against another and has a bearing on the fitness or ability
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21 to serve the public or work with others in the occupation; and
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22 9. "Substantially relates" means the nature of criminal conduct
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23 for which the person was convicted, or to which the person pleaded,
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24 has direct bearing on the fitness or ability to perform one or more
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 1 of the duties or responsibilities necessarily related to the
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2 occupation.
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3 SECTION 2. AMENDATORY 59 O.S. 2021, Section 4200.3, is
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4 amended to read as follows:
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5 Section 4200.3. A. Unless a person is a licensed as a massage
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6 therapist by the State Board of Cosmetology and Barbering, a person
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7 shall not:
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8 1. Practice massage therapy in this state for remuneration;
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9 2. Use the title of massage therapist;
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10 2. 3. Represent himself or herself to be a massage therapist;
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11 3. 4. Use any other title, words, abbreviations, letters,
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12 figures, signs or devices that indicate the person is a massage
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13 therapist; or
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14 4. 5. Utilize the terms "massage", "massage therapy" or
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15 "massage therapist" when advertising or printing promotional
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16 material.
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17 B. A person shall not maintain, manage or operate a massage
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18 therapy school offering education, instruction or training in
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19 massage therapy unless the school is a licensed massage therapy
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20 school pursuant to Section 7 of this act 4200.7 of this title.
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21 C. Individuals practicing massage therapy under the Massage
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22 Therapy Practice Act shall not perform any of the following:
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23 1. Diagnosis of illness or disease;
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24 2. High-velocity, low-amplitude thrust;
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 1 3. Electrical stimulation;
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2 4. Application of ultrasound;
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3 5. Use of any technique that interrupts or breaks the skin; or
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4 6. Prescribing of medicines.
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5 D. No person shall own or operate a massage therapy
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6 establishment without first obtaining an establishment license from
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7 the Board.
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8 E. Nothing in the Massage Therapy Practice Act shall be
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9 construed to prevent:
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10 1. Qualified members of other recognized professions who are
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11 licensed or regulated under pursuant to Oklahoma law from rendering
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12 services within the scope of the license of the person, provided the
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13 person does not represent himself or herself as a massage therapist.
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14 A physician or other licensed health care provider providing health
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15 care services within the scope of practice of the physician or
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16 provider shall not be required to be licensed by or registered with
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17 the State Board of Cosmetology and Barbering;
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18 2. Students from rendering massage therapy services within the
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19 course of study when enrolled at a licensed massage therapy school;
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20 3. Visiting massage therapy instructors from another state or
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21 territory of the United States, the District of Columbia or any
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22 foreign nation from teaching massage therapy, provided the
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23 instructor is duly licensed or registered, if required, and is
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 1 qualified in the instructor's place of residence for the practice of
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2 massage therapy;
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3 4. Any nonresident person holding a current license,
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4 registration or certification in massage therapy from another state
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5 or recognized national certification system determined as acceptable
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6 by the Board when temporarily present in this state from providing
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7 massage therapy services as a part of an emergency response team
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8 working in conjunction with disaster relief officials or at special
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9 events such as conventions, sporting events, educational field
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10 trips, conferences, traveling shows or exhibitions, as long as the
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11 services are not open to the general public;
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12 5. Physicians or other health care professionals from
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13 appropriately referring to duly licensed massage therapists or limit
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14 in any way the right of direct access of the public to licensed
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15 massage therapists; or
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16 6. The practice of any person in this state who uses touch,
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17 words and directed movement to deepen awareness of existing patterns
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18 of movement in the body as well as to suggest new possibilities of
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19 movement while engaged within the scope of practice of a profession
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20 with established standards and ethics, provided that the services
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21 are not designated or implied to be massage or massage therapy.
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22 Practices shall include but are not limited to the Feldenkrais
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23 Method of somatic education, Rolf Movement Integration by the Rolf
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24 Institute, the Trager Approach of movement education, and Body-Mind
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 1 Centering. Practitioners shall be recognized by or meet the
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2 established standards of either a professional organization or
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3 credentialing agency that represents or certifies the respective
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4 practice based on a minimal level of training, demonstration of
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5 competency, and adherence to ethical standards.
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6 E. F. A physician or other licensed health care provider
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7 providing health care services within their scope of practice shall
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8 not be required to be licensed or registered with the State Board of
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9 Cosmetology.
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10 SECTION 3. AMENDATORY 59 O.S. 2021, Section 4200.4, is
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11 amended to read as follows:
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12 Section 4200.4. A. The State Board of Cosmetology and
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13 Barbering is hereby authorized to adopt and promulgate rules
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14 pursuant to the Administrative Procedures Act that are necessary for
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15 the implementation and enforcement of the Massage Therapy Practice
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16 Act, including, but not limited to, qualifications for licensure,
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17 renewals, reinstatements, temporary work permits, inspection of
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18 establishments, and continuing education requirements.
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19 B. The State Board of Cosmetology and Barbering is hereby
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20 empowered to perform investigations, to require the production of
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21 records and other documents relating to practices regulated by the
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22 Massage Therapy Practice Act, and to seek injunctive relief in a
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23 court of competent jurisdiction without bond.
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 1 C. There is hereby created an Advisory Board on Massage
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2 Therapy. The Advisory Board on Massage Therapy shall assist the
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3 Board in carrying out the provisions of this section regarding the
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4 qualifications, examination, registration, regulation, and standards
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5 of professional conduct of massage therapists. The Advisory Board
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6 on Massage Therapy shall consist of five (5) members to be appointed
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7 by the Governor for four-year terms as follows:
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8 1. Three members who shall be licensed massage therapists and
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9 have practiced in Oklahoma for not less than three (3) years prior
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10 to their appointment;
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11 2. One member who shall be an administrator or faculty member
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12 of a nationally accredited school of massage therapy; and
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13 3. One who shall be a citizen member.
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14 D. The fee for any license issued between the effective date of
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15 this act and May 1, 2017, shall be Twenty-five Dollars ($25.00).
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16 1. The Board shall establish a schedule of reasonable and
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17 necessary administrative fees.
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18 2. The initial fee or renewal fee for any a massage therapy
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19 license issued after May 1, 2017, shall be Fifty Dollars ($50.00)
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20 Twenty-five Dollars ($25.00) per year. The initial fee or renewal
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21 fee for a massage therapy establishment license shall be Thirty
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22 Dollars ($30.00) per year. A duplicate license fee shall be Ten
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23 Dollars ($10.00).
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 1 SECTION 4. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 4200.4.1 of Title 59, unless
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3 there is created a duplication in numbering, reads as follows:
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4 A. The State Board of Cosmetology and Barbering shall have
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5 authority to issue original licenses and temporary work permits as
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6 provided in the Massage Therapy Practice Act.
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7 B. The Board may deny or place probationary conditions on an
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8 original massage therapist license or temporary work permit if the
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9 applicant:
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10 1. Has pleaded guilty, nolo contendere, or been convicted of a
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11 crime that substantially relates to t