Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H2/23/21 H3/17/21 H4/15/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1440
4
5 By: Representative Pilkington
6 By: Senator Hester
7
8 For An Act To Be Entitled
9 AN ACT TO MODIFY THE CURRICULUM OF MASSAGE THERAPIST
10 SCHOOL; TO ALLOW REMOTE EDUCATION IN AN ONLINE FORMAT
11 AND IN-PERSON TRAINING WITH A MASTER MASSAGE
12 THERAPIST TO MEET THE CURRICULUM REQUIREMENTS; TO
13 CREATE THE ARKANSAS STATE BOARD OF MASSAGE THERAPY;
14 TO DECLARE AN EMERGENCY AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 TO MODIFY THE CURRICULUM OF MASSAGE
19 THERAPY SCHOOLS; TO ALLOW REMOTE
20 EDUCATION TO MEET CURRICULUM
21 REQUIREMENTS; TO CREATE THE ARKANSAS
22 STATE BOARD OF MASSAGE THERAPY; AND TO
23 DECLARE AN EMERGENCY.
24
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28 SECTION 1. DO NOT CODIFY. Creation and establishment of Arkansas
29 State Board of Massage Therapy - Abolishment of Massage Therapy Technical
30 Advisory Committee.
31 (a) There is created within the Department of Health the Arkansas
32 State Board of Massage Therapy.
33 (b) Except as otherwise provided by law, the administrative functions
34 of the Arkansas State Board of Massage Therapy are transferred to the
35 Department of Health under 25-43-802.
36 (c) The Arkansas State Board of Massage Therapy shall have authority
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1 to regulate the practice of massage therapy as provided by law and the
2 statutory authority, powers, duties, functions, and records regarding the
3 regulation of massage therapy are transferred from the department to the
4 Arkansas State Board of Massage Therapy.
5 (d)(1) The creation of the Arkansas State Board of Massage Therapy
6 does not affect the orders, rules, regulations, directives, or standards made
7 or promulgated by the department regarding the regulation of massage therapy
8 prior to the effective date of this act.
9 (2) The orders, rules, regulations, directives, or standards
10 under subdivision (d)(1) of this section shall continue with full force and
11 effect until amended or repealed by the Arkansas State Board of Massage
12 Therapy under authority given by law.
13 (e) The Department of Health shall grant access to and provide all
14 information requested by the Arkansas State Board of Massage Therapy to
15 accomplish the transfer of the regulation of massage therapy from the
16 department to the board.
17 (f) On the effective date of this section, the Massage Therapy
18 Technical Advisory Committee is abolished and the terms of its members are
19 cut short and shall expire on the effective date of this act.
20
21 SECTION 2. Arkansas Code 17-86-102(2), concerning the definition of
22 "massage therapist" relating to the Massage Therapy Act, is amended to read
23 as follows:
24 (2)(A) Massage therapist means a person who has:
25 (i) Earned a diploma from a State Board of Health
26 Arkansas State Board of Massage Therapy accepted school of massage therapy;
27 (ii) Passed an examination required or accepted by
28 the State Board of Health board; and
29 (iii) Become licensed and registered to practice
30 massage therapy.
31 (B) Massage therapist includes a person who has
32 previously obtained the massage therapist license under prior state law.
33 (C) A massage therapist may:
34 (i) Instruct continuing education programs approved
35 by the Department of Health Arkansas State Board of Massage Therapy; and
36 (ii) Assist in the instruction of the procedures
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1 defined in subdivisions (3)(A)-(C) of this section under the direct
2 supervision of a massage therapy instructor or master massage therapist;
3
4 SECTION 3. Arkansas Code 17-86-102(5) and (6), concerning the
5 definition of "massage therapy instructor" and "massage therapy school"
6 relating to the Massage Therapy Act, are amended to read as follows:
7 (5)(A) Massage therapy instructor means a person who:
8 (i) Before July 1, 2010, has completed no less than
9 two hundred fifty (250) hours of practical experience as a master massage
10 therapist, which may be gained, in part or in whole, as an assistant to an
11 instructor in a massage school or may be gained, in part or in whole, as a
12 directed instructor in a massage school and has completed no less than two
13 hundred fifty (250) continuing education hours as approved by the department
14 board;
15 (ii) On or after July 1, 2010, has been an active
16 and practicing licensee and registered as a master massage therapist for a
17 period of not less than three (3) years preceding the application for an
18 upgrade to massage therapy instructor;
19 (iii) On or after July 1, 2010, in addition to the
20 experience under subdivision (5)(A)(i) of this section, has completed no less
21 than two hundred fifty (250) continuing education hours as approved by the
22 department board as a licensed master massage therapist; and
23 (iv) Is determined by the department board to be
24 qualified to be licensed and registered to practice massage therapy.
25 (B) Massage therapy instructor includes a person who has
26 previously obtained the massage therapy instructor license under prior state
27 law.
28 (C) Massage therapy instructors may:
29 (i) Instruct continuing education programs approved
30 by the department board;
31 (ii) Instruct any of the procedures in subdivision
32 (3) of this section; and
33 (iii) Instruct basic curricula in a massage therapy
34 school registered by the department board as required by 17-86-306(e);
35 (6) Massage therapy school means a registered and licensed
36 facility that meets and follows the required educational standards as
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1 established by 17-86-306 and all pertinent rules established by the State
2 Board of Health board;
3
4 SECTION 4. Arkansas Code 17-86-102(8) and (9), concerning the
5 definition of "master massage therapist" and "postsecondary massage therapy
6 school" relating to the Massage Therapy Act, are amended to read as follows:
7 (8)(A) Master massage therapist means a person who:
8 (i) Before July 1, 2010, is a licensed and
9 registered massage therapist who has completed no fewer than two hundred
10 fifty (250) hours of practical experience as a massage therapist, which may
11 be gained in part or in whole as an assistant to an instructor in a massage
12 school and has completed no less than one hundred twenty-five (125)
13 continuing education hours as approved by the department board;
14 (ii) On or after July 1, 2010, has been an active
15 and practicing licensee and registered as a massage therapist for a period of
16 not less than two (2) years preceding the application for an upgrade to
17 master massage therapist;
18 (iii) On or after July 1, 2010, in addition to the
19 experience under subdivision (8)(A)(i) of this section, has completed no less
20 than one hundred twenty-five (125) continuing education hours as approved by
21 the department board; and
22 (iv) Is determined by the department board to be
23 qualified to be licensed and registered to practice massage therapy.
24 (B) Master massage therapist includes a person who has
25 previously obtained the master massage therapist license under a prior state
26 law.
27 (C) Master massage therapists may:
28 (i) Instruct continuing education programs approved
29 by the department board;
30 (ii) Instruct any of the procedures in subdivision
31 (3) of this section; and
32 (iii) Instruct, as directed by a massage therapy
33 instructor, basic curricula in a massage therapy school registered by the
34 department board as required by 17-86-306(e);
35 (9) Postsecondary massage therapy school means a massage
36 therapy school that:
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1 (A) Offers a postsecondary curriculum approved by the
2 State Board of Health board; and
3 (B) Has an enrollment in which no more than fifty percent
4 (50%) of its students do not have a high school diploma or the recognized
5 equivalent of a high school diploma;
6
7 SECTION 5. Arkansas Code 17-86-103(b), concerning penalties relating
8 to the practice of massage therapy, is amended to read as follows:
9 (b) It shall be the duty of the prosecuting attorney in the county
10 where the violation occurs, upon request by the Department of Health Arkansas
11 State Board of Massage Therapy, to initiate proper legal proceedings in a
12 court of competent jurisdiction to enforce the provisions of this chapter.
13
14 SECTION 6. Arkansas Code 17-86-103(d), concerning penalties relating
15 to the practice of massage therapy, is amended to read as follows:
16 (d)(1) The courts of this state are vested with jurisdiction and power
17 to enjoin the unlawful practice of massage therapy and related techniques in
18 a proceeding by the department board or by any citizen of this state in the
19 county in which the alleged unlawful practice occurred, the county in which
20 the defendant resides, or in Pulaski County.
21 (2) The issuance of an injunction shall not relieve a person
22 from criminal prosecution for violation of the provisions of this chapter,
23 but the remedy of injunction shall be in addition to liability to criminal
24 prosecution.
25
26 SECTION 7. Arkansas Code 17-86-104 is amended to read as follows:
27 17-86-104. Criminal background checks.
28 An applicant applying as a new massage therapy licensee, an individual
29 applying for a new massage therapy school license, or a licensee applying for
30 an upgrade issued by the Department of Health Arkansas State Board of Massage
31 Therapy shall apply to the Identification Bureau of the Department Division
32 of Arkansas State Police for a state and federal criminal background check to
33 be conducted by the Identification Bureau of the Division of Arkansas State
34 Police and the Federal Bureau of Investigation.
35
36 SECTION 8. Arkansas Code 17-86-201 is amended to read as follows:
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1 17-86-201. Members.
2 (a)(1) The Massage Therapy Technical Advisory Committee Arkansas State
3 Board of Massage Therapy shall consist of seven (7) members, who shall be
4 appointed by the State Board of Health Governor for a term of three (3)
5 years.
6 (2)(A) Six (6) of the members shall be licensees under this
7 chapter.
8 (B) Only one (1) of the members shall be an owner of a
9 massage therapy school.
10 (3) One (1) member, to represent the public, shall not be
11 engaged in or retired from the practice of massage therapy.
12 (b) The State Board of Health shall promulgate by rule the duties and
13 powers of the committee.
14 (4)(A) A board member shall begin his or her appointed term on
15 July 1 of the year in which he or she is appointed.
16 (B) Board members appointed to their positions shall be
17 selected in equal apportionment from the congressional districts of the state
18 as provided in 25-16-801 and shall be subject to confirmation by the
19 Senate.
20 (C) A board position becomes vacant immediately when the
21 member filling that position moves to another state.
22 (5) Board members shall not serve more than six (6) consecutive
23 years on the board.
24 (b)(1) The Governor may remove members of the board from office
25 according to 25-16-804.
26 (2) The Governor shall fill any vacancy caused by the removal of
27 any member of the board, by a members resignation or death, or upon the
28 expiration of a members term.
29 (c)(1) A member shall be paid and receive a fee of no less than sixty
30 dollars ($60.00) per diem for each day actually engaged in attending board
31 meetings or performing other official duties.
32 (2)(A) All board members shall receive reimbursement for all
33 reasonable and necessary travel at the rate approved for state employees.
34 (B) Lodging and other expenses incurred in the performance
35 of their official duties will also be paid on the approved scale for state
36 employees.
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1 (3) In addition, board members shall receive expense
2 reimbursement on the approved scale for state employees to be paid from a
3 cash fund for lodging and other incidental expenses incurred in the
4 performance of the board member's official duties.
5
6 SECTION 9. Arkansas Code 17-86-203 through 17-86-205 are amended to
7 read as follows:
8 17-86-203. Powers and duties.
9 (a)(1) The State Board of Health Arkansas State Board of Massage
10 Therapy may promulgate and enforce reasonable rules for the purpose of
11 carrying out this chapter.
12 (2) The board shall follow the Arkansas Administrative Procedure
13 Act, 25-15-201 et seq., as to rule and rulemaking definitions and for
14 the adoption and filing of rules.
15 (b)(1)(A) The Department of Health board shall inspect or cause an
16 inspection of student records at least one (1) time each year for each
17 massage therapy school operated in this state.
18 (B) The department board and its agents and employees may
19 enter and inspect a massage therapy clinic, spa, or school during operating
20 hours of the business.
21 (2) The department board and its agents and employees shall not
22 request or be granted permission to enter a room of a massage therapy clinic,
23 spa, or school in which a client is receiving treatment from a licensee under
24 this chapter.
25 (c) The department board may hold licensing examinations from time to
26 time at a place or places as the department board may designate.
27 (d)(1) The department board may require each original applicant and
28 each upgrade applicant for a license issued by the Department of Health board
29 to apply to the Identification Bureau of the Division of Arkansas State
30 Police for a state and federal criminal background check to be conducted by
31 the Identification Bureau of the Division of Arkansas State Police and the
32 Federal Bureau of Investigation.
33 (2) The state and federal criminal background check shall
34 conform to applicable federal standards and shall include the taking of
35 fingerprints.
36 (3) The applicant shall sign a release of information to the
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1 department board and shall be responsible for the payment of any fees
2 associated with the state and federal criminal background check.
3 (4)(A) Each applicant who has resided outside of Arkansas shall
4 provide a state and federal criminal background check, including the taking
5 of fingerprints, issued by the state or states in which the applicant
6 resided.
7 (B) Results shall be sent directly to the department board
8 from the agency performing the state and federal crimi