1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2514 By: Pittman
4
5
6 AS INTRODUCED
7 An Act relating to professions and occupations;
amending 59 O.S. 2021, Sections 4200.2, 4200.3,
8 4200.4, which relates to the Massage Therapy Practice
Act; adding definitions; modifying licensure
9 requirement; modifying membership and qualifications
of Advisory Board on Massage Therapy; authorizing
10 Board to issue original licenses and temporary work
permits; providing for denial of license or
11 probationary conditions; defining terms; amending 59
O.S. 2021, Section 4200.5, which relates to license
12 requirements; removing certain requirements;
modifying issuance of license; providing for
13 establishment licenses; amending 59 O.S. 2021,
Section 4200.6 and 4200.7 which relates to licenses;
14 providing for posting of establishment license;
adding massage therapy schools; repealing 59 O.S.
15 2021, Section 4200.8, which relates to examination
for license; amending 59 O.S. 2021, Section 4200.9,
16 which relates to out of state license holders;
removing requirements for certain licenses;
17 authorizing Board to issue temporary work permit;
providing for renewal of license; 59 O.S. 2021,
18 Section 4200.10 and 4200.11, which relates to
preemption; providing exceptions; authorizing Board
19 to conduct investigations; providing for
administrative fines and field citations; repealing
20 59 O.S. 2021, Section 4200.13, which relates to
misdemeanor violations; providing for penalties;
21 providing for codification; and providing an
effective date.
22
23
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1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
2 SECTION 1. AMENDATORY 59 O.S. 2021, Section 4200.2, is
3 amended to read as follows:
4 Section 4200.2 As used in the Massage Therapy Practice Act:
5 1. "Board" means the State Board of Cosmetology and Barbering;
6 2. "Direct access" means the ability that the public has to
7 seek out treatment by a massage therapist without the direct
8 referral from a medical or health care professional;
9 3. "Massage therapist" means an individual who practices
10 massage or massage therapy and is licensed under pursuant to the
11 Massage Therapy Practice Act. A massage therapist uses visual,
12 kinesthetic, and palpatory skills to assess the body and may
13 evaluate a condition to the extent of determining whether massage is
14 indicated or contraindicated;
15 4. "Massage therapy" means the skillful treatment of the soft
16 tissues of the human body. Massage is designed to promote general
17 relaxation, improve movement, relieve somatic and muscular pain or
18 dysfunction, stress and muscle tension, provide for general health
19 enhancement, personal growth, education and the organization,
20 balance and integration of the human body and includes, but is not
21 limited to:
22 a. the use of touch, pressure, friction, stroking,
23 gliding, percussion, kneading, movement, positioning,
24 holding, range of motion and nonspecific stretching
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1 within the normal anatomical range of movement, and
2 vibration by manual or mechanical means with or
3 without the use of massage devices that mimic or
4 enhance manual measures, and
5 b. the external application of ice, heat and cold packs
6 for thermal therapy, water, lubricants, abrasives and
7 external application of herbal or topical preparations
8 not classified as prescription drugs; and
9 5. "Massage Therapy Establishment" means any fixed business
10 location, address, building, or property, where a person engages in,
11 conducts, carries on, or permits the practice of massage therapy.
12 This definition excludes offices or workplaces of licensed health
13 care professionals exempted from the provisions of the Massage
14 Therapy Practice Act.
15 6. "Massage therapy school" means a facility providing
16 instruction in massage therapy.
17 7. "Person" means an individual, partnership, limited liability
18 company, corporation or association, unless the context otherwise
19 requires.
20 SECTION 2. AMENDATORY 59 O.S. 2021, Section 4200.3, is
21 amended to read as follows:
22 Section 4200.3 A. Unless a person is a licensed as a massage
23 therapist by the State Board of Cosmetology and Barbering, a person
24 shall not:
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1 1. Use the title of massage therapist;
2 2. Represent himself or herself to be a massage therapist;
3 3. Use any other title, words, abbreviations, letters, figures,
4 signs or devices that indicate the person is a massage therapist; or
5 4. Utilize the terms "massage", "massage therapy" or "massage
6 therapist" when advertising or printing promotional material; or
7 5. Practice massage therapy in this state.
8 B. A person shall not maintain, manage or operate a massage
9 therapy school offering education, instruction or training in
10 massage therapy unless the school is a licensed or accredited
11 massage therapy school pursuant to Section 7 4200.7 of this act
12 title.
13 C. Individuals practicing massage therapy under the Massage
14 Therapy Practice Act shall not perform any of the following:
15 1. Diagnosis of illness or disease;
16 2. High-velocity, low-amplitude thrust;
17 3. Electrical stimulation;
18 4. Application of ultrasound;
19 5. Use of any technique that interrupts or breaks the skin; or
20 6. Prescribing of medicines.
21 D. No person shall own or operate a massage therapy
22 establishment without first obtaining an establishment license from
23 the Board.
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1 E. Nothing in the Massage Therapy Practice Act shall be
2 construed to prevent:
3 1. Qualified members of other recognized professions who are
4 licensed or regulated under pursuant to Oklahoma law from rendering
5 services within the scope of the license of the person, provided the
6 person does not represent himself or herself as a massage therapist.
7 A physician or other licensed health care provider providing health
8 care services within the scope of practice of the physician or
9 provider shall not be required to be licensed by or registered with
10 the State Board of Cosmetology and Barbering;
11 2. Students from rendering massage therapy services within the
12 course of study when enrolled at a licensed massage therapy school;
13 3. Visiting massage therapy instructors from another state or
14 territory of the United States, the District of Columbia or any
15 foreign nation from teaching massage therapy, provided the
16 instructor is duly licensed or registered, if required, and is
17 qualified in the instructor's place of residence for the practice of
18 massage therapy;
19 4. Any nonresident person holding a current license,
20 registration or certification in massage therapy from another state
21 or recognized national certification system determined as acceptable
22 by the Board when temporarily present in this state from providing
23 massage therapy services as a part of an emergency response team
24 working in conjunction with disaster relief officials or at special
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1 events such as conventions, sporting events, educational field
2 trips, conferences, traveling shows or exhibitions, as long as the
3 services are not open to the general public;
4 5. Physicians or other health care professionals from
5 appropriately referring to duly licensed massage therapists or limit
6 in any way the right of direct access of the public to licensed
7 massage therapists; or
8 6. The practice of any person in this state who uses touch,
9 words and directed movement to deepen awareness of existing patterns
10 of movement in the body as well as to suggest new possibilities of
11 movement while engaged within the scope of practice of a profession
12 with established standards and ethics, provided that the services
13 are not designated or implied to be massage or massage therapy.
14 Practices shall include but are not limited to the Feldenkrais
15 Method of somatic education, Rolf Movement Integration by the Rolf
16 Institute, the Trager Approach of movement education, and Body-Mind
17 Centering. Practitioners shall be recognized by or meet the
18 established standards of either a professional organization or
19 credentialing agency that represents or certifies the respective
20 practice based on a minimal level of training, demonstration of
21 competency, and adherence to ethical standards.
22 E. F. A physician or other licensed health care provider
23 providing health care services within their scope of practice shall
24
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1 not be required to be licensed or registered with the State Board of
2 Cosmetology.
3 SECTION 3. AMENDATORY 59 O.S. 2021, Section 4200.4, is
4 amended to read as follows:
5 Section 4200.4 A. The State Board of Cosmetology and Barbering
6 is hereby authorized to adopt and promulgate rules pursuant to the
7 Administrative Procedures Act that are necessary for the
8 implementation and enforcement of the Massage Therapy Practice Act,
9 including, but not limited to, qualifications for licensure,
10 renewals, reinstatements, temporary work permits, sanitation,
11 inspection of establishments and continuing education requirements.
12 B. The State Board of Cosmetology and Barbering is hereby
13 empowered to perform investigations, to require the production of
14 records and other documents relating to practices regulated by the
15 Massage Therapy Practice Act, and to seek injunctive relief in a
16 court of competent jurisdiction without bond.
17 C. 1. There is hereby created an Advisory Board on Massage
18 Therapy. The Advisory Board on Massage Therapy shall assist the
19 State Board of Cosmetology and Barbering in carrying out the
20 provisions of this section regarding the qualifications,
21 examination, registration, regulation, and standards of professional
22 conduct of massage therapists. The Advisory Board on Massage
23 Therapy shall consist of five (5) seven (7) members to be appointed
24 by the Governor for four-year terms as follows:
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1 1. a. Three four members who shall be licensed massage
2 therapists and have practiced in Oklahoma for not less
3 than three (3) years prior to their appointment. One
4 member shall be appointed to an initial term that
5 shall expire on June 30, 2024. One member shall be
6 appointed to an initial term that shall expire on June
7 30, 2025. Two members shall be appointed to an
8 initial term that shall expire on June 30, 2026. All
9 successive terms for the positions under this
10 subsection shall be for four years each;
11 2. b. One one member who shall be an administrator or
12 faculty member of a nationally accredited school of
13 massage therapy school duly licensed or accredited
14 pursuant to section 4200.7 of this title. The member
15 shall be appointed to an initial term that shall
16 expire on June 30, 2024. All successive terms for
17 this position shall be for four years each; and
18 3. c. One one member who shall be a citizen public
19 member. The member shall be appointed to an initial
20 term that shall expire on June 30, 2025. All
21 successive terms for this position shall be for four
22 years each.; and
23 d. one member who shall hold an establishment license.
24 The member shall be appointed to an initial term that
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1 expires on June 30, 2025. All successive terms for
2 this position shall be for four years each.
3 2. A person appointed to fill a position that has become vacant
4 shall serve the remainder of the term of the vacated position. The
5 person shall be eligible for reappointment to successive four-year
6 terms thereafter.
7 D. 1. The Board shall establish a schedule of reasonable and
8 necessary administrative fees.
9 2. The initial or renewal fee for any a therapist license
10 issued between the effective date of this act and May 1, 2017, shall
11 be Twenty-five Dollars ($25.00). The fee or renewal fee for any
12 massage therapy license issued after May 1, 2017, shall be Fifty
13 Dollars ($50.00) per year. The initial fee for an establishment
14 license shall be Fifty Dollars ($50.00) per year. A duplicate
15 license fee shall be Ten Dollars ($10.00) Five Dollars ($5.00).
16 SECTION 4. NEW LAW A new section of law to be codified
17 in the Oklahoma Statutes as Section 59 of Title 4200.4.1, unless
18 there is created a duplication in numbering, reads as follows:
19 A. The Board shall have authority to issue original licenses
20 and temporary work permits as provided for in the Massage Therapy
21 Practice Act.
22 B. The Board may deny or place probationary conditions on an
23 original massage therapist license or temporary work permit if:
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1 1. The applicant has pleaded guilty, nolo contendere or been
2 convicted of a crime that substantially relates to the practice of
3 massage therapy as designated in Section 4000.1 of title 59 of the
4 Oklahoma Statues and that poses a reasonable threat to public health
5 or safety;
6 2. The applicant has had a license or permit denied or has been
7 the subject of disciplinary action in another jurisdiction and if
8 the grounds for the denial or disciplinary action would constitute
9 cause for denial or disciplinary action under the Massage Therapy
10 Practice Act or the Board's rules;
11 3. The applicant has previously held a license or permit by the
12 Board and the license or permit has been revoked or if the applicant
13 has been the subject of disciplinary action by the Board; or
14 4. The applicant attempts to obtain the license or permit by
15 means of fraud, misrepresentation, deceit or concealment of material
16 facts.
17 C. The Board may deny or place probationary conditions on an
18 original massage establishment license if:
19 1. The applicant has pleaded guilty, nolo contendere or been
20 convicted of a crime that substantially relates to the ownership,
21 operation or management of a massage establishment and that poses a
22 reasonable threat to public health or safety;
23 2. The applicant has had a license or permit denied or has been
24 the subject of disciplinary action in another jurisdiction and if
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1 the grounds for the denial or disciplinary action would constitute
2 cause for denial or disciplinary action under the Massage Therapy
3 Practice Act or the Board's rules;
4 3. The applicant has previously held a license or permit by the
5 Board and the license or permit has been revoked or if the applicant
6 has been the subject of disciplinary action by the Board; or
7 4. The applicant attempts to obtain the license or permit by
8 means of fraud, misrepresentation, deceit or concealment of material
9 facts.
10 D. As used in this section:
11 1. "Substantially relates" means the nature of criminal conduct
12 for which the person was convicted, or to which the person pleaded,
13 has a direct bearing on the fitness or ability to perform one or
14 more of the duties or responsibilities necessarily related to the
15 occupation; and
16 2. "Poses a reasonable threat" means the nature of criminal
17 conduct for which the person was convicted involved an act or threat
18 of harm against another and has a bearing on the fitness or ability
19 to serve the public or work with others in the occupation.
20 E. The Board may require an applicant for an original therapist
21 license, a temporary permit or an original establishment license to
22 submit to a national criminal history record check as defined at
23 Section 150.9 of title 74 of the Oklahoma Statutes. The costs
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1 associated w