SB 745
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 745 (Senator Elfreth)
Education, Health, and Environmental Affairs Health and Government Operations
Health Occupations – State Board of Massage Therapy Examiners – Revisions
This bill alters and clarifies the definition of massage therapy, specifies that massage
therapy programs must be accredited by the Commission on Massage Therapy
Accreditation (COMTA), and alters requirements relating to criminal history records
checks (CHRC) required to obtain licensure or registration from the State Board of
Massage Therapy Examiners. The bill also establishes a process for inactive status and
reactivation of a license or registration issued by the board, and makes technical and
clarifying changes.
Fiscal Summary
State Effect: Board special fund revenues increase minimally beginning as early as
FY 2022 from inactive status and reinstatement fees, as discussed below. The bill’s
changes can be handled with existing budgeted resources, as discussed below.
Local Effect: None.
Small Business Effect: Minimal.
Analysis
Bill Summary/Current Law: The State Board of Massage Therapy Examiners licenses
massage therapists and registers massage therapy practitioners. Unlike a licensed massage
therapist, a registered massage therapy practitioner may not practice massage therapy in a
health care setting.
Definition of Massage Therapy
Current law defines massage therapy as the use of manual techniques on soft tissues of the
human body including effleurage (stroking), petrissage (kneading), tapotement (tapping),
stretching, compression, vibration, and friction, with or without the aid of heat, for the
purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain,
reducing stress, and promoting health and well-being. Massage therapy includes the laying
on of hands, consisting of pressure or movement on an individual who is fully clothed,
except for footwear, to specifically affect the electromagnetic energy or energetic field of
the human body as specified. Massage therapy does not include the (1) diagnosis or
treatment of illness, disease, or injury; (2) adjustment, manipulation, or mobilization of
bones or the spine; or (3) except as specified, the laying on of hands, consisting of pressure
or movement on an individual who is fully clothed, except for footwear, to specifically
affect the electromagnetic energy or energetic field of the human body.
The bill specifies that massage therapy includes hands-on application (rather than the
laying on of hands), consisting of pressure or movement on an individual to specifically
affect the electromagnetic energy or energetic field of the human body using specified
manual techniques. The bill removes language specifying that massage therapy consists of
pressure or movement on an individual who is fully clothed, except for footwear.
Requirements for Educational Programs for License and Registration
Under current law, to qualify as a licensed massage therapist, an individual must be of good
moral character, at least 18 years old, and graduate with (1) at least 60 credit hours of
education at an institution of higher education as approved by the board and the Maryland
Higher Education Commission (MHEC), of which at least 24 credit hours must be in
specified basic and applied science courses or (2) at least 60 credit hours of education at
an institution of higher education approved by MHEC and 24 credit hours or 360 contact
hours of advanced massage therapy continuing education as approved by the board in basic
and applied science courses.
Under the bill, to qualify as a licensed massage therapist, (1) an individual must be a
graduate from an institution of higher education approved by MHEC with at least 60 credit
hours of education in a curriculum that is endorsed by COMTA or an equivalent entity and
(2) approved by the board.
Under current law, to qualify as a registered massage therapy practitioner, an individual
must be of good moral character, at least 18 years old, and graduate from a program for the
study of massage therapy approved by MHEC, accredited by an accrediting agency, and
approved by the board.
SB 745/ Page 2
The bill specifies that COMTA or an equivalent entity must accredit the curriculum of a
massage therapy program.
Criminal History Records Check
The bill reduces, from two to one, the number of legible sets of fingerprints that must be
submitted for a CHRC. Further, the bill establishes that if additional criminal history record
information is reported to the Criminal Justice Information System (CJIS) after the initial
CHRC, CJIS must provide a revised printed statement of the individual’s criminal history
record to the board.
Current law includes no requirements for the board to consider any specific information or
circumstances on receipt of the criminal history record information when determining
whether to grant a license or registration.
The bill specifies that, in using information obtained from CJIS to determine whether to
issue a license or registration, the board must consider:
the age at which a crime was committed;
the nature of the crime;
the circumstances surrounding the crime;
the length of time that has passed since the crime was committed;
subsequent work history;
employment and character references; and
other evidence that demonstrates whether the applicant poses a threat to public
health or safety.
Inactive Status
Current law has no provisions allowing the board to place a license or registration on
inactive status.
The bill requires the board to place a licensee or registration holder on inactive status if the
licensee or registration holder submits an application and pays a fee set by the board. A
licensed massage therapist or registered massage practitioner may reactivate their license
or registration if they comply with specified continuing education and cardiopulmonary
resuscitation requirements established by board regulations and pay the reactivation fee set
by the board.
State Revenue: Board revenues increase minimally as early as fiscal 2022 from fees
relating to inactive status and reactivation of inactive status. Actual revenues depend on
SB 745/ Page 3
the fees set by the board and the demand from licensed massage therapists and registered
massage practitioners to seek inactive status.
State Expenditures: The board advises that it can implement the bill’s changes with
existing budgeted resources. Based on similar legislation in prior years, the Department of
Public Safety and Correctional Services can implement changes to the CHRC process with
existing budgeted resources and staff.
Additional Comments: COMTA is an accrediting body focused on massage therapy and
esthetics, and the only accrediting body with expertise specific to massage. COMTA has
been recognized by the U.S. Department of Education since 2002 as an accrediting agency.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 1039 (Delegate Kelly) - Health and Government Operations.
Information Source(s): Maryland Department of Health; Department of Legislative
Services
Fiscal Note History: First Reader - February 28, 2021
rh/jc Third Reader - March 23, 2021
Revised - Amendment(s) - March 23, 2021
Enrolled - April 12, 2021
Revised - Amendment(s) - April 12, 2021
Analysis by: Michael E. Sousane Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 745/ Page 4
Statutes affected: Text - First - Health Occupations – State Board of Massage Therapy Examiners – Revisions: 6-101 Health Occupations, 6-202 Health Occupations, 6-302 Health Occupations, 6-303 Health Occupations, 6-303 Health Occupations, 10-223 Health Occupations, 6-306.2 Health Occupations, 6-308 Health Occupations
Text - Third - Health Occupations – State Board of Massage Therapy Examiners – Revisions: 6-101 Health Occupations, 6-202 Health Occupations, 6-302 Health Occupations, 6-303 Health Occupations, 6-303 Health Occupations, 10-223 Health Occupations, 6-306.2 Health Occupations, 6-308 Health Occupations
Text - Enrolled - Health Occupations – State Board of Massage Therapy Examiners – Revisions: 6-101 Health Occupations, 6-202 Health Occupations, 6-302 Health Occupations, 6-303 Health Occupations, 6-303 Health Occupations, 10-223 Health Occupations, 6-306.2 Health Occupations, 6-308 Health Occupations