OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 55 Bill Analysis
134th General Assembly
Click here for S.B. 55’s Fiscal Note
Version: As Reported by Senate Health
Primary Sponsor: Sen. Brenner
Effective Date:
Audra Tidball, Attorney
SUMMARY
Standardizes – for purposes of regulation by the State Medical Board, townships, and
municipal corporations – terminology regarding massage therapy and individuals
authorized to perform massage therapy.
As part of that standardization:
Eliminates a township’s authority to issue licenses to individuals who perform
massage therapy;
Requires that if a township opts to regulate massage establishments, the regulations
must require all massage therapy to be performed only by specified state-licensed
professionals or massage therapy students;
Purports to require a municipal corporation that opts to regulate massage
establishments to require all massage therapy to be performed by a state-licensed
professional or a student, similar to township regulation.
Regarding a township’s authority to regulate massage establishments, eliminates a
permit requirement and otherwise modifies permit application procedures.
DETAILED ANALYSIS
Regulation of massage therapy
The bill makes changes to the laws governing massage therapy as they relate to
(1) professions regulated by the State Medical Board and (2) the authority of townships and
municipal corporations to regulate massage establishments and their employees.
Standardization of terminology
As discussed in greater detail below, under current law, the Medical Board regulates
“massage therapy” as a limited branch of medicine. Separately, townships have the authority to
regulate “massage establishments” and “masseurs” and “masseuses” performing “massages” at
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those establishments. Municipal corporations may regulate massaging. The bill modifies the
definition of “massage therapy” in the context of regulation by the Medical Board1 and applies
that definition to township2 and municipal corporation3 regulatory authority. It also
standardizes criminal law terminology regarding advertising massage services.4
Under the bill, “massage therapy” is no longer limited to the treatment of disorders of
the human body, and means the manipulation of soft tissue through the systemic external
application of massage techniques including touch, stroking, friction, vibration, percussion,
kneading, stretching, compression, and joint movements within the normal physiologic range of
motion. It also includes the external application of water, heat, cold, topical preparations, and
mechanical devices, as used adjunctive to the manipulation of soft tissue and joint movements.
The bill specifically excludes from the definition of massage therapy the manipulation of
the reproductive organs, perineum, rectum, or anus unless performed pursuant to a
prescription issued by a physician or under the supervision of a physician.5
Regulation of massage therapy by the Medical Board
Under the bill, the Medical Board continues to regulate massage therapy as a limited
branch of medicine. The bill clarifies, however, that the following are not required to hold a
license to practice massage therapy:
A person authorized to practice any of the following regulated professions, so long as
the scope of practice authorizes the person to use massage techniques: barbers,
cosmetologists, nurses, physician assistants, chiropractors, occupational therapists,
physical therapists, athletic trainers, and acupuncturists;
An enrolled student practicing massage therapy as part of a program of study that is in
good standing as determined by the Board;
A person holding a license issued by the Board to practice cosmetic therapy and whose
practice may include massage techniques;
A person who holds certification issued by the American Reflexology Certification Board
and who practices reflexology in Ohio or an enrolled student practicing reflexology as
part of a program of study at a school, college, or institution registered with the Board
of Career Colleges and Schools. “Reflexology” means a protocol of manual techniques
that are applied to specific reflex areas on the feet, hands, and outer ears for the
purpose of stimulating the complex neural pathways linking body systems to achieve
1 R.C. 4731.04(C).
2 R.C. 503.40(A).
3 R.C. 715.61.
4 R.C. 2927.17.
5 R.C. 4731.04(C).
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optimal bodily function, including manual techniques such as thumb- and finger-walking
and hook and backup and rotating-on-a-point.6
Authority of townships to regulate massage therapy
Under current law, a township may regulate massage establishments within the
unincorporated territory of the township. In order for a township to do so, it must require the
establishment to obtain a permit from the township and any individual wishing to perform
massage to obtain a township-issued license. The bill makes the obligation to require a permit
optional7 and eliminates the ability of a township to issue licenses to persons performing
massage therapy.8
Mandatory regulation of individuals performing massage therapy
Instead of township-issued licenses, the bill provides that if a board of township trustees
has adopted a resolution to regulate massage establishments, the regulations must require that
all massage therapy be performed by a person who is licensed by one or more of the following
boards, and who provides massage therapy as a portion of, or incidental to, services authorized
by the licensing board: (1) the State Cosmetology and Barber Board, regarding barber services
or cosmetology services, (2) the Board of Nursing, regarding nursing services, (3) the Medical
Board, regarding medical services by physician assistants or physicians, and regarding
acupuncture, (4) the State Chiropractic Board, regarding chiropractic services, (5) the Medical
Board, regarding massage therapists, and (6) the Ohio Occupational Therapy, Physical Therapy,
and Athletic Trainers Board, regarding services of occupational therapists, physical therapists,
and athletic trainers.9 Additionally, the regulations must permit a massage therapy student to
perform massage therapy if the student is enrolled and actively participating in a massage
therapy educational program in good standing as determined by the Medical Board. 10 The
regulations cannot exclude any of the persons identified above from performing massage
therapy.11
The bill provides that no person shall knowingly act as a massage therapist in a massage
establishment in an unincorporated area of a township without first having obtained a state-
issued license or being a student, as described above.12 An individual who violates this
prohibition is guilty of a third degree misdemeanor.13
6 R.C. 4731.15(F) and 4731.41(A).
7 R.C. 503.41 and 503.43.
8 R.C. 503.45 and 503.46, repealed.
9 R.C. 503.411(A)(1) through (6).
10 R.C. 503.411(A)(7).
11 R.C. 503.411(A).
12 R.C. 503.411(B).
13 R.C. 503.50(B).
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The bill also removes from current law a provision allowing a township to require
persons performing massage to undergo periodic physical exams to determine if the person has
a communicable disease.14
Permissive regulations
The bill clarifies existing law, which authorizes a board of township trustees to regulate
and require the registration of massage establishments and their employees. In doing so, the
bill refers to establishment regulations and registration requirements. The bill defines
“registration” as providing information to the board to indicate the location of the
establishment, the names of individuals employed there, and evidence of current licensure or
student status, as described above, for anyone providing massage therapy.15 So, while a
township that has adopted a resolution to regulate massage establishments must require
massage therapy to be performed by licensed persons or students, as discussed above,
enforcement in the form of registering the establishment and employees is technically
permissive.
Regarding massage establishment regulations, the bill specifically permits any of the
following:
A requirement to comply with zoning resolutions and amendments;
Prohibited hours of operation;
Prohibitions, as specified below;
Other regulations the board considers necessary for the health, safety, and welfare of
township residents, except for the licensure of massage therapists and the regulation of
medicine or licensed health professionals.16
Prohibitions
Current law lists several prohibitions that apply when a board of township trustees has
adopted a resolution to regulate massage establishments. In addition to modifying the
prohibitions to account for the bill’s (1) standardization terminology and (2) elimination of
township-issued licenses for persons performing massage therapy, the bill otherwise modifies
the prohibitions as follows:
Specifies that the prohibitions apply only when the township has included a permit
requirement to operate a massage establishment;
14 R.C. 503.47(D).
15 R.C. 503.41.
16 R.C. 503.411(C).
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Eliminates the criminal offense for employees of massage establishments performing
certain sexual activities during a massage in a massage establishment in the
unincorporated area of a township.17
The bill generally maintains provisions prohibiting an owner or operator of a massage
establishment from knowingly (1) refusing to allow appropriate local authorities to access the
establishment for health and safety inspections, operating during hours designated as
prohibited, or (2) employing any person under 18.18
Permit applications
The bill removes a current requirement that an applicant for a permit to operate a
massage establishment provide the applicant’s Social Security number. It requires a permit
applicant to provide proof that the applicant complies with the township’s zoning regulations.
In addition, the bill modifies the requirement for including the name and address of any
stockholder holding more than 2% of the stock of a corporate applicant by limiting the
requirement to a corporate applicant having less than 50 employees or any stockholder holding
more than 25% of the stock of a corporate applicant having more than 50 employees.19
Jurisdiction for appeals
Current law and the bill give the right to appeal to any person adversely affected by an
order of the board of township trustees denying or revoking a permit to operate a massage
establishment. The bill narrows the jurisdiction where the appeal may be filed to only the court
of common pleas in the county where the township is located. Under current law, an appeal
can also be filed in the county where the permit holder’s place of business is located or where
the person is a resident.20
Authority of municipal corporations to regulate massage therapy
Under current law, municipal corporations generally may regulate all persons engaged
in the trade, business, or profession of massaging. The bill instead authorizes a municipal
corporation to regulate and license massage establishments within its jurisdiction and permits
the registration of persons performing massage therapy at a massage establishment. It further
provides that if a municipal corporation regulates massage establishments, it must require all
massage therapy to be performed by a person in an otherwise licensed profession or a student,
as described above21 (see “Mandatory regulation of individuals performing
massage therapy”).
17 R.C. 503.42.
18 R.C. 503.42(B).
19 R.C. 503.43.
20 R.C. 503.48.
21 R.C. 715.61.
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The effect of this provision, however, is unclear. Municipal corporations have authority
under the Home Rule Amendment to the Ohio Constitution to adopt police, sanitary, and
similar regulations that are not in conflict with general laws.22 A court could determine this
authority includes regulating a massage establishment to the extent it does not conflict with
the state’s general laws.
HISTORY
Action Date
Introduced 02-09-21
Reported, S. Health 05-20-21
S0055-RS-134/ts
22 Ohio Constitution, Article XVIII, Section 3.
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Statutes affected: As Introduced: 503.40, 503.41, 503.42, 503.43, 503.44, 503.47, 503.48, 503.49, 503.50, 715.61, 2927.17, 4731.04, 4731.15, 4731.41, 503.45, 503.46
As Reported By Senate Committee: 503.40, 503.41, 503.42, 503.43, 503.44, 503.47, 503.48, 503.49, 503.50, 715.61, 2927.17, 4731.04, 4731.15, 4731.41, 503.45, 503.46