2016 -- H 7007 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY - LICENSING OF MASSAGE THERAPISTS

     

     Introduced By: Representatives Tobon, Barros, Melo, Abney, and Kazarian

     Date Introduced: January 06, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-20.8-1, 23-20.8-3, 23-20.8-6, 23-20.8-7 and 23-20.8-10 of the

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General Laws in Chapter 23-20.8 entitled "Licensing of Massage Therapists" are hereby amended

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to read as follows:

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     23-20.8-1. Definitions. -- As used in this chapter:

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     (1) "Massage therapist" means a person engaged in the practice of massage and is

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licensed in accordance with this chapter of the general laws of the state of Rhode Island.

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     (2) "Practice of massage" means the manual manipulation of the soft tissues of the human

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body through the systematic application of massage techniques including: effleurage, petrissage,

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compression, friction, vibration, percussion, pressure, positional holding, movement, range of

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motion for purposes of demonstrating muscle excursion or muscle flexibility and nonspecific

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stretching. The term massage includes the external application of lubricants or other topical

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preparations such as water, heat and cold via the use of the hand, foot, arm or elbow with or

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without the aid of massage devices for the purpose of aiding muscle relaxation, reducing stress,

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improving circulation increasing range of motion, relieving muscular pain and the overall

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enhancement of health. Massage shall not include the touch of genitalia, diagnosis of illness or

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disease, the prescribing of drugs, medicines or exercise, high-velocity thrust applied to the joints

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or spine, electrical stimulation, application of ultrasound or any services or procedures for which

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a license to practice medicine, chiropractic, occupational therapy, physical therapy or podiatry as

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required by law.

 

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     (3) "Board" means the Rhode Island State Board of Licensed Massage Therapists as

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established within this chapter. 

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     (4) "Body works" and "body works services" means body rubs, body stimulation,

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manipulation or conditioning of any part or parts of the body, spa services, and spa treatments

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performed by any person not licensed under title 23 of the Rhode Island general laws.

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     23-20.8-3. Practice of massage -- Licensed required -- Use of title limited --

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Qualifications for licenses continuing education -- Fees. -- (a) A person shall not practice or

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hold himself or herself out to others as practicing massage therapy, or as a massage therapist

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without first receiving from the board a license to engage in that practice.

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      (b) A person shall hold himself or herself out to others as a massage therapist when the

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person adopts or uses any title or description including "massage therapist," "masseur,"

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"masseuse," "massagist," "massotherapist," "myotherapist," "body therapist," "massage

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technician," "massage practitioner," or any derivation of those terms that implies this practice.

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      (c) It shall be unlawful to advertise the practice of massage using the term massage or

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any other term that implies a massage technique or method in any public or private publication or

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communication by a person not licensed by the state of Rhode Island department of health as a

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massage therapist. Any person who holds a license to practice as a massage therapist in this state

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may use the title "licensed massage therapist" and the abbreviation "LMT." No other persons may

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assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate

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that the person using the title is a licensed massage therapist. A massage therapist's name and

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license number must conspicuously appear on all of the massage therapist's advertisements. A

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massage therapist licensed under this chapter must conspicuously display his or her license in his

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or her principal place of business. If the massage therapists does not have a principal place of

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business or conducts business in any other location, he or she must have a copy of his or her

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license available for inspection while performing any activities related to massage therapy.

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      (d) (1) The board shall, by rule, establish requirements for continued education. The

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board may establish such requirements to be completed and verified biennially or annually. The

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board shall require no more than twelve (12) hours biennially or six (6) hours annually.

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      (2) Applicants for biennial licensure renewal shall meet continuing education

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requirements as prescribed by the board. On application for renewal of license, massage

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therapists shall attest to completion of six (6) hours annually in scope of practice-specific

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offerings that may include, but not be limited to:

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      (i) Formal presentations;

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      (ii) Conferences;

 

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      (iii) Coursework from a regionally accredited college/university; and/or

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      (iv) Self-study course, such as online courses awarding one education hour for each hour

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completed.

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      Such programs or offerings shall be approved or sponsored by a board-approved

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organization. The board shall require no more than two (2) hours of ethics or standards of practice

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biennially.

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      (3) A licensee who fails to complete the continuing education requirements described

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herein may be subject to disciplinary action pursuant to § 5-40-13 of this chapter.

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      (4) A license may be denied to any applicant who fails to provide satisfactory evidence

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of completion of continuing education relevant to massage therapy as required herein.

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      (5) The board may waive the requirement for these educational requirements if the board

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is satisfied that the applicant has suffered hardship, which may have prevented meeting the

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educational requirements.

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      (e) The fee for original application for licensure as a massage therapist and for annual

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license renewal shall be as set forth in § 23-1-54. Fees for all other licenses under this chapter

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shall be fixed in an amount necessary to cover the cost of administering this chapter.

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      (f) Any person applying for a license under this chapter shall undergo a criminal

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background check. Such persons shall apply to the bureau of criminal identification of the state

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police or local police department for a nationwide criminal records check. Fingerprinting shall be

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required. Upon the discovery of any disqualifying information as defined in subsection (g), the

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bureau of criminal identification of the state police or the local police department shall inform the

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applicant, in writing, of the nature of the disqualifying information and, without disclosing the

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nature of the disqualifying information, shall notify the board, in writing, that disqualifying

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information has been found. In those situations in which no disqualifying information has been

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found, the bureau of criminal identification shall inform the applicant and the board in writing of

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this fact. An applicant against whom disqualifying information has been found may request that a

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copy of the criminal background report be sent to the board, which shall make a judgment

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regarding the licensure of the applicant. The applicant shall be responsible for payment of the

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costs of the criminal records check.

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      (g) "Disqualifying information" means those offenses, including, but not limited to,

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those offenses defined in sections 11-37, 11-37-8.1, 11-37-8.3, 23-17-37, 11-34 and 11-34.1.

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chapters 34, 34.1, and 37 of title 11, and §23-17-37.

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     (h) Notwithstanding the above, any city or town may, by ordinance, regulate the opening,

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the presence, the location, and the operation of any body works business or any business

 

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providing body works services. Provided, however, no ordinance may impose additional

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qualifications beyond those adopted by the department of health pursuant to this chapter

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respecting criminal background checks for persons applying for a license.

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     23-20.8-6. Suspension and revocation of licenses. -- Whenever the board, or board

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designee, or any city or town licensing authority shall have reason to believe or that any person

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licensed under this chapter to practice massage therapy has been convicted of any sexual offense,

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or that any person is practicing massage in violation of this chapter or regulations promulgated

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under this chapter, the board, or board designee, or any city or town licensing authority may,

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pending an investigation and hearing, suspend for a period not exceeding ninety (90) days any

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license issued under authority of this chapter and may, after due notice and hearing, revoke the

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license if he or she finds that the person practicing massage is in violation of those rules and

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regulations or any provision of this chapter. The holder of a license shall upon its revocation

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promptly surrender it to the board, or board designee or any city or town licensing authority.

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     23-20.8-7. Judicial review of license action. -- Any person aggrieved by a decision of

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the board, or board designee or any city or town licensing authority refusing to grant an

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application for a license under this chapter or suspending or revoking any license already issued

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may, within thirty (30) days, exclusive of Sundays and holidays, after receiving notice of that

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decision or order of the boards, administrator of professional regulation or director department of

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health may be taken by an aggrieved party to the superior court in the manner provided for in

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chapter 35 of title 42.

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     23-20.8-10. Enforcement. -- Except for the provisions of § 23-20.8-11 this chapter shall

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be enforced by the director of health or any city or town licensing authority.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - LICENSING OF MASSAGE THERAPISTS

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     This act would enable any city or town by ordinance to regulate the opening of, the

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presence of, the location, and the operation of any body works business or any business providing

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body works services, within the municipality.

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     This act would take effect upon passage.

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