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2023 2023
Introduced by Blood, 3.
Read first time January 11, 2023
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to public health; to amend sections 38-1705,
2 38-1709, and 38-1710, Reissue Revised Statutes of Nebraska, and
3 sections 38-1707.01 and 38-1720, Revised Statutes Cumulative
4 Supplement, 2022; to adopt the Interstate Massage Compact; to change
5 provisions relating to licensure and examination under the Massage
6 Therapy Practice Act; and to repeal the original sections.
7 Be it enacted by the people of the State of Nebraska,
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3 The purpose of this Compact is to reduce the burdens on State
4 governments and to facilitate the interstate practice and regulation of
5 Massage Therapy with the goal of improving public access to, and the
6 safety of, Massage Therapy Services. Through this Compact, the Member
7 States seek to establish a regulatory framework which provides for a new
8 multistate licensing program. Through this additional licensing pathway,
9 the Member States seek to provide increased value and mobility to
10 licensed massage therapists in the Member States, while ensuring the
11 provision of safe, competent, and reliable services to the public.
12 This Compact is designed to achieve the following objectives, and
13 the Member States hereby ratify the same intentions by subscribing
14 hereto:
15 A. Increase public access to Massage Therapy Services by providing
16 for a multistate licensing pathway;
17 B. Enhance the Member States' ability to protect the public's health
18 and safety;
19 C. Enhance the Member States' ability to prevent human trafficking
20 and licensure fraud;
21 D. Encourage the cooperation of Member States in regulating the
22 multistate Practice of Massage Therapy;
23 E. Support relocating military members and their spouses;
24 F. Facilitate and enhance the exchange of licensure, investigative,
25 and disciplinary information between the Member States;
26 G. Create an Interstate Commission that will exist to implement and
27 administer the Compact;
28 H. Allow a Member State to hold a Licensee accountable, even where
29 that Licensee holds a Multistate License;
30 I. Create a streamlined pathway for Licensees to practice in Member
31 States, thus increasing the mobility of duly licensed massage therapists;
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1 and
2 J. Serve the needs of licensed massage therapists and the public
3 receiving their services; however,
4 K. Nothing in this Compact is intended to prevent a State from
5 enforcing its own laws regarding the Practice of Massage Therapy.
7 As used in this Compact, except as otherwise provided and subject to
8 clarification by the Rules of the Commission, the following definitions
9 shall govern the terms herein:
10 A. "Active Duty Military" - any individual in full-time duty status
11 in the active uniformed service of the United States including members of
12 the National Guard and Reserve.
13 B. "Adverse Action" - any administrative, civil, equitable, or
14 criminal action permitted by a Member State's laws which is imposed by a
15 Licensing Authority or other regulatory body against a Licensee,
16 including actions against an individual's Authorization to Practice such
17 as revocation, suspension, probation, surrender in lieu of discipline,
18 monitoring of the Licensee, limitation of the Licensee's practice, or any
19 other Encumbrance on licensure affecting an individual's ability to
20 practice Massage Therapy, including the issuance of a cease and desist
21 order.
22 C. "Alternative Program" - a non-disciplinary monitoring or
23 prosecutorial diversion program approved by a Member State's Licensing
24 Authority.
25 D. "Authorization to Practice" - a legal authorization by a Remote
26 State pursuant to a Multistate License permitting the Practice of Massage
27 Therapy in that Remote State, which shall be subject to the enforcement
28 jurisdiction of the Licensing Authority in that Remote State.
29 E. "Background Check" - the submission of an applicant's criminal
30 history record information, as further defined in 28 C.F.R. ยง 20.3(d), as
31 amended, from the Federal Bureau of Investigation and the agency
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1 responsible for retaining State criminal records in the applicant's Home
2 State.
3 F. "Charter Member States" - Member States who have enacted
4 legislation to adopt this Compact where such legislation predates the
5 effective date of this Compact as defined in Article 12.
6 G. "Commission" - the government agency whose membership consists of
7 all States that have enacted this Compact, which is known as the
8 Interstate Massage Compact Commission, as defined in Article 8, and which
9 shall operate as an instrumentality of the Member States.
10 H. "Continuing Competence" - a requirement, as a condition of
11 license renewal, to provide evidence of participation in, and completion
12 of, educational or professional activities that maintain, improve, or
13 enhance Massage Therapy fitness to practice.
14 I. "Current Significant Investigative Information" - Investigative
15 Information that a Licensing Authority, after an inquiry or investigation
16 that complies with a Member State's due process requirements, has reason
17 to believe is not groundless and, if proved true, would indicate a
18 violation of that State's laws regarding the Practice of Massage Therapy.
19 J. "Data System" - a repository of information about Licensees who
20 hold Multistate Licenses, which may include, but is not limited to,
21 license status, Investigative Information, and Adverse Actions.
22 K. "Disqualifying Event" - any event which shall disqualify an
23 individual from holding a Multistate License under this Compact, which
24 the Commission may by Rule specify.
25 L. "Encumbrance" - a revocation or suspension of, or any limitation
26 or condition on, the full and unrestricted Practice of Massage Therapy by
27 a Licensing Authority.
28 M. "Executive Committee" - a group of delegates elected or appointed
29 to act on behalf of, and within the powers granted to them by, the
30 Commission.
31 N. "Home State" - means the Member State which is a Licensee's
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1 primary state of residence where the Licensee holds an active Single-
2 State License.
3 O. "Investigative Information" - information, records, or documents
4 received or generated by a Licensing Authority pursuant to an
5 investigation or other inquiry.
6 P. "Licensing Authority" - a State's regulatory body responsible for
7 issuing Massage Therapy licenses or otherwise overseeing the Practice of
8 Massage Therapy in that State.
9 Q. "Licensee" - an individual who currently holds a license from a
10 Member State to fully practice Massage Therapy, whose license is not a
11 student, provisional, temporary, inactive, or other similar status.
12 R. "Massage Therapy", "Massage Therapy Services", and the "Practice
13 of Massage Therapy" - the care and services provided by a Licensee as set
14 forth in the Member State's statutes and regulations in the State where
15 the services are being provided.
16 S. "Member State" - any State that has adopted this Compact.
17 T. "Multistate License" - a license that consists of Authorizations
18 to Practice Massage Therapy in all Remote States pursuant to this
19 Compact, which shall be subject to the enforcement jurisdiction of the
20 Licensing Authority in a Licensee's Home State.
21 U. "National Licensing Examination" - a national examination
22 developed by a national association of Massage Therapy regulatory boards,
23 as defined by Commission Rule, that is derived from a practice analysis
24 and is consistent with generally accepted psychometric principles of
25 fairness, validity, and reliability, and is administered under secure and
26 confidential examination protocols.
27 V. "Remote State" - any Member State, other than the Licensee's Home
28 State.
29 W. "Rule" - any opinion or regulation promulgated by the Commission
30 under this Compact, which shall have the force of law.
31 X. "Single-State License" - a current, valid authorization issued by
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1 a Member State's Licensing Authority allowing an individual to fully
2 practice Massage Therapy, that is not a restricted, student, provisional,
3 temporary, or inactive practice authorization and authorizes practice
4 only within the issuing State.
5 Y. "State" - a state, territory, possession of the United States or
6 the District of Columbia.
8 A. To be eligible to join this Compact, and to maintain eligibility
9 as a Member State, a State must:
10 1. License and regulate the Practice of Massage Therapy;
11 2. Have a mechanism or entity in place to receive and investigate
12 complaints from the public, regulatory or law enforcement agencies, or
13 the Commission about Licensees practicing in that State;
14 3. Accept passage of a National Licensing Examination as a criterion
15 for Massage Therapy licensure in that State;
16 4. Require that Licensees satisfy educational requirements prior to
17 being licensed to provide Massage Therapy Services to the public in that
18 State;
19 5. Implement procedures for requiring the Background Check of
20 applicants for a Multistate License, and for the reporting of any
21 Disqualifying Events, including, but not limited to, obtaining and
22 submitting, for each Licensee holding a Multistate License and each
23 applicant for a Multistate License, fingerprint or other biometric-based
24 information to the Federal Bureau of Investigation for Background Checks;
25 receiving the results of the Federal Bureau of Investigation record
26 search on Background Checks; and considering the results of such a
27 Background Check in making licensure decisions;
28 6. Have Continuing Competence requirements as a condition for
29 license renewal;
30 7. Participate in the Data System, including through the use of
31 unique identifying numbers as described herein;
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1 8. Notify the Commission and other Member States, in compliance with
2 the terms of the Compact and Rules of the Commission, of any disciplinary
3 action taken by the State against a Licensee practicing under a
4 Multistate License in that State, or of the existence of Investigative
5 Information or Current Significant Investigative Information regarding a
6 Licensee practicing in that State pursuant to a Multistate License;
7 9. Comply with the Rules of the Commission; and
8 10. Accept Licensees with valid Multistate Licenses from other
9 Member States as established herein;
10 B. Individuals not residing in a Member State shall continue to be
11 able to apply for a Member State's Single-State License as provided under
12 the laws of each Member State. However, the Single-State License granted
13 to those individuals shall not be recognized as granting a Multistate
14 License for Massage Therapy in any other Member State;
15 C. Nothing in this Compact shall affect the requirements established
16 by a Member State for the issuance of a Single-State License; and
17 D. A Multistate License issued to a Licensee shall be recognized by
18 each Remote State as an Authorization to Practice Massage Therapy in each
19 Remote State.
21 A. To qualify for a Multistate License under this Compact, and to
22 maintain eligibility for such a license, an applicant must:
23 1. Hold an active Single-State License to practice Massage Therapy
24 in the applicant's Home State;
25 2. Have completed at least six hundred and twenty-five (625) clock
26 hours of Massage Therapy education or the substantial equivalent which
27 the Commission may approve by Rule;
28 3. Have passed a National Licensing Examination or the substantial
29 equivalent which the Commission may approve by Rule;
30 4. Submit to a Background Check;
31 5. Have not been convicted or found guilty, or have entered into an
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1 agreed disposition, of a felony offense under applicable State or federal
2 criminal law, within five (5) years prior to the date of their
3 application, where such a time period shall not include any time served
4 for the offense, and provided that the applicant has completed any and
5 all requirements arising as a result of any such offense;
6 6. Have not been convicted or found guilty, or have entered into an
7 agreed disposition, of a misdemeanor offense related to the Practice of
8 Massage Therapy under applicable State or federal criminal law, within
9 two (2) years prior to the date of their application where such a time
10 period shall not include any time served for the offense, and provided
11 that the applicant has completed any and all requirements arising as a
12 result of any such offense;
13 7. Have not been convicted or found guilty, or have entered into an
14 agreed disposition, of any offense, whether a misdemeanor or a felony,
15 under State or federal law, at any time, relating to any of the
16 following:
17 a. Kidnapping;
18 b. Human trafficking;
19 c. Human smuggling;
20 d. Sexual battery, sexual assault, or any related offenses; or
21 e. Any other category of offense which the Commission may by Rule
22 designate;
23 8. Have not previously held a Massage Therapy license which was
24 revoked by, or surrendered in lieu of discipline to, an applicable
25 Licensing Authority;
26 9. Have no history of any Adverse Action on any occupational or
27 professional license within two (2) years prior to the date of their
28 application; and
29 10. Pay all required fees.
30 B. A Multistate License granted pursuant to this Compact may be
31 effective for a definite period of time concurrent with the renewal of
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1 the Home State license.
2 C. A Licensee practicing in a Member State is subject to all scope
3 of practice laws governing Massage Therapy Services in that State.
4 D. The Practice of Massage Therapy under a Multistate License
5 granted pursuant to this Compact will subject the Licens