law24346

Chapter 346

2024 -- H 7738 SUBSTITUTE A
Enacted 06/26/2024

A N A C T

RELATING TO HEALTH AND SAFETY -- LICENSING OF MASSAGE THERAPISTS

Introduced By: Representatives Baginski, Bennett, Corvese, and Finkelman

Date Introduced: February 28, 2024

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 23-20.8 of the General Laws entitled "Licensing of Massage

Therapists" is hereby repealed in its entirety.

CHAPTER 23-20.8

Licensing of Massage Therapists

23-20.8-1. Definitions.

As used in this chapter:

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

established within this chapter.

(2) "Bodyworks" and "bodyworks services" means body rubs, body stimulation,

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

performed by any person not licensed under this title.

(3) "Continuing education" means a course of study subsequent to the completion of, and

in addition to, an approved entry-level program of massage therapy education.

(4) "Continuing education units" means an instructional period of at least fifty (50)

continuous minutes per hour in a recognized or approved course.

(5) "Massage" means the systematic and scientific manipulation of the soft tissues of the

body accomplished by the use of digits, hands, forearms, elbows, knees, or feet, hand-held tool, or

other external apparatus. Massage may include the use of topical applications.

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

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

(7) "Massage therapy" means the use of massage for therapeutic purposes, including, but

not limited to: pain management, stress reduction, promotion of relaxation, and enhancement of

general health and well-being. Massage therapy includes, but is not limited to, manipulation of soft

tissue and normal movement of the body to develop an appropriate massage therapy session and

the delivery of self-care and health maintenance information. Massage therapy does not encompass:

(i) Diagnosis;

(ii) The prescribing of drugs or medicines;

(iii) Spinal manipulation; and

(iv) Any service or procedure for which a license or registration is required by law,

including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy,

occupational therapy, nutrition, psychotherapy, behavioral health services, or podiatry.

(8) "Practice of massage therapy" means the exchange of massage therapy services for

currency, goods, or services.

(9) "Topical applications" means but is not limited to, lubricants, emollients, non-

prescription analgesics, and the use of heat and cold.

23-20.8-2. Repealed.

23-20.8-2.1. Board of massage therapists.

(a) Within the division of professional regulation of the department of health, there shall

be a Rhode Island state board of licensed massage therapists appointed by the director of the

department of health with the approval of the governor. Composition of board members: The board

shall consist of seven (7) members who reside in the state of Rhode Island. At all times at least four

(4) members shall be massage therapists in good standing, and shall have engaged in the practice

of massage therapy for not less than five (5) years. One member shall be a member of the general

public, who does not have financial interest in the profession, or is married to or in domestic

partnership with someone in the profession. At no time shall more than one board member be an

owner of, an instructor of, or otherwise affiliated with a board-approved massage therapy school

or a course of instruction. The four (4) members who are licensed pursuant to this chapter shall

represent both solo practitioners as well as members of a group practice.

(b) The board shall be appointed for staggered terms. All terms shall be for two (2) years.

No member shall serve more than three (3) consecutive terms. Upon the death, resignation, or

removal of any member, the director of the department of health, with the approval of the governor,

shall appoint to fill vacancies, as they occur, a qualified person to serve on the board for the

remainder of his or her term or until his or her successor is appointed and qualified.

and other officers as it deems appropriate and necessary to conduct business. The chair shall preside

at meetings of the board and shall be responsible for the performance of all duties and functions of

the board and shall perform those duties customarily associated with the position in addition to

other duties assigned by the board. The board shall designate a member to serve in the absence of

the chair.

(d) The chair and any other officer shall serve a term of one year commencing with the day

of his or her election and ending upon the election of his or her successor.

(e) The director of the department of health may remove any member of the board for the

neglect of any duty required by law or for any incompetent, unprofessional, or dishonorable

conduct. Before beginning his or her term of office, each member shall take the oath prescribed by

law, a record of which shall be filed with the secretary of state.

(f) A board member may be suspended or removed by the director of the department of

health for unprofessional conduct; refusal or inability of a board member to perform his or her

duties as a member of the board in an efficient, responsible, and professional manner; conviction

of a felony or of a crime related to the practice of the healthcare profession; failure to meet the

qualifications of this statute; or committing any act prohibited by this statute.

(g) Members of the board shall not receive compensation for their attendance at official

meetings of the board, or attendance at any meeting that would constitute official board business,

including teleconference calls or other board responsibilities.

(h) The board shall meet at least quarterly. The board may hold additional meetings at the

call of the chair or at the written request of any three (3) members of the board. The chair of the

board shall have the authority to call other meetings at his or her discretion.

(i) The board may appoint committees as it considers necessary to carry out its duties.

(j) A quorum shall be necessary to conduct official board business or any committee

thereof. A majority of the members shall constitute a quorum. The board may enter into executive

(closed) session according to relevant law.

23-20.8-3. Practice of massage therapy — License required — Use of title limited —

Qualifications for licenses continuing education — Fees.

(a) A person shall not practice, or hold himself or herself out to others as practicing massage

therapy, or as a massage therapist, without first receiving from the board a license to engage in that

practice.

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

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

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

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

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

publication or communication by a person not licensed by the state of Rhode Island department of

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

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

persons may assume this title or use such abbreviation or any other word, letters, signs, or figures

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

and license number must conspicuously appear on all of the massage therapist's print and electronic

material. A massage therapist licensed under this chapter must have available his or her license in

all places of business practice.

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

may establish such requirements to be completed and verified annually. The board shall require no

more than six (6) continuing education units annually.

(2) Applicants for annual licensure renewal shall meet continuing education requirements

as prescribed by the board. On application for renewal of license, massage therapists shall attest to

completion of six (6) continuing education units annually that may include, but not be limited to:

(i) Formal presentations;

(ii) Conferences;

(iii) Coursework from a massage school or program, accredited college/university; and/or

(iv) Self-study or online coursework.

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

organization.

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

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

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

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

(5) The board may waive the requirement for continuing education if the board is satisfied

that the applicant has suffered hardship that may have prevented meeting the educational

requirements.

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

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

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

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

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

police or local police department for a national criminal background check. Fingerprinting shall be

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

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

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

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

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

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

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

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

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

of the national criminal background check.

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

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

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

the presence, the location, and the operation of any bodyworks business or any business providing

bodyworks services. Provided, however, no ordinance may impose additional qualifications

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

criminal background checks for persons applying for a license.

23-20.8-4. Board of massage therapists — Powers and duties.

Subject to the provisions of this chapter, the board shall have the authority to implement,

interpret, and enforce this statute including, but not limited to, the authority to:

(1) Adopt rules and regulations governing the licensure of massage therapists in a manner

consistent with the provisions of this chapter and in accordance with the procedures outlined in the

administrative procedures act and promulgated in accordance with state law;

(2) Evaluate the qualifications of applicants for licensure;

(3) Assess entry-level competence through the use of an examination approved by the

board;

(4) Recommend the issuing or renewal of a license to applicants or licensed massage

therapists who meet the qualifications of the statute and all rules applicable to this chapter as

promulgated by the board;

(5) Establish and enforce standards of professional and ethical conduct for licensed

massage therapists;

(6) Adopt rules that endorse equivalent licensure examinations of another state or territory

of the United States, the District of Columbia, or a foreign country and that may include licensure

by reciprocity; hold hearings, as necessary, in accordance with the administrative procedures act;

(7) Maintain a complete record of all licensed massage therapists, ensure licensee

compliance with all established requirements;

(8) The board will make an annual report to the governor that shall contain duties

performed, actions taken, and appropriate recommendations;

(9) The board will consult and advise other regulatory entities as necessary regarding issues

pertaining to massage therapy education and/or issues related to the regulation of massage

therapists;

(10) Upon receipt of a complaint, the department of health shall authorize the investigation

of any allegations of wrongdoing undertaken by any person, entity, license or organization related

to the practice of massage therapy;

(11) The board shall review investigative reports deemed necessary by the director and

make appropriate recommendations to the director for action including, but not limited to, issuance

of a letter of concern or warning of the possible infraction of this statute; issuance of a letter

initiating a ten-day (10) corrective action period allowing the person practicing to address an

infraction; suspension for a period not to exceed ninety (90) days of any license issued under the

authority of this chapter; and may, after due notice and hearing, revoke the license if it is found that

the person practicing massage therapy is in violation of those rules and regulations or any provision

of this chapter. The holder of a license shall upon its revocation promptly surrender it to the board

or its designee.

23-20.8-5. Application for license — Issuance or denial of license — Minimum

qualifications.

(a) Every person desiring to begin the practice of massage therapy, except exempt persons

as provided in this chapter, shall present satisfactory evidence to the division of professional

regulation of the department of health that he or she:

(1) Is over eighteen (18) years of age;

(2) Has submitted to a national criminal background check in accordance with § 23-20.8-

(3) Has successfully completed an educational program, meeting minimum requirements

established by the board, including at least six hundred fifty (650) hours of supervised in-class,

hands-on coursework and clinical work; and

(4) Has successfully completed an examination approved by the board. Any examination

approved by the board must meet generally recognized standards including development through

the use of a job-task analysis and must meet appropriate psychometric standards.

(b) The department may grant a license to any applicant satisfying the requirements of

subsection (a), has completed all appropriate forms, paid all appropriate fees and has met

substantially equivalent standards in obtaining a valid license, permit, certificate or registration

issued by any other state or territory of the United States or by a foreign country.

is received, grant the application and issue a license to practice massage therapy for a year from

that date if the department is satisfied that the applicant complies with the rules and regulations

promulgated in accordance with this chapter. An applicant, whose national criminal background

check reveals a conviction for any sexual offense, including, but not limited to, those offenses

defined in chapters 34 and 37 of title 11, shall be denied a license under this chapter.

(d) The fee for original application for licensure as a massage therapist and the fee for

annual license renewal shall be determined by the department of health.

23-20.8-6. Suspension and revocation of licenses.

Whenever the board, or board designee, or any city or town licensing authority, shall have

reason to believe or that any person licensed under this chapter to practice massage therapy has

been convicted of any sexual offense, or that any person is practicing massage in violation of this

chapter or regulations promulgated under this chapter, the board, or board designee, or any city or

town licensing authority, may, pending an investigation and hearing, suspend, for a period not

exceeding ninety (90) days, any license issued under authority of this chapter and may, after due

notice and hearing, revoke the license if he or she finds that the person practicing massage is in

violation of those rules and regulations or any provision of this chapter. The holder of a license

shall, upon its revocation promptly surrender it to the board, or board designee, or any city or town

licensing authority.

23-20.8-7. Judicial review of license action.

Any person aggrieved by a decision of the board, or board designee, or any city or town

licensing authority, refusing to grant an application for a license under this chapter, or suspending

or revoking any license already issued, may, within thirty (30) days, exclusive of Sundays and

holidays, after receiving notice of that decision or order of the board, administrator of professional

regulation, or director department of health may be taken by an aggrieved party to the superior

court in the manner provided for in chapter 35 of title 42.

23-20.8-8. Repealed.

23-20.8-9. Persons exempt.

Nothing contained in this chapter shall prohibit:

(1) A person who is otherwise licensed, certified, or registered in accordance with the

general laws of Rhode Island, from performing service within his or her authorized scope of

practice and who does not hold himself/herself out to be a massage therapist.

(2) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by another state or territory of the United States, the District of Columbia, or a

foreign country when incidentally in this state to provide service as part of an emergency response

team working in conjunction with disaster relief officials.

(3) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by any other state or territory of the United States, the District of Columbia, or

by a foreign country and temporarily practicing massage therapy in this state for a period not

exceeding thirty (30) days for the purpose of presenting educational or clinical programs, lectures,

seminars, or workshops to massage therapists.

(4) A graduate from an approved educational program may practice massage therapy only

under the supervision of one, assigned, onsite licensed massage therapist. Graduates have ninety

(90) days from the date on the application fee receipt to meet licensure requirements of this state in

accordance with regulations prescribed by the board.

(5) A massage therapist who provides acceptable evidence of being currently licensed to

practice massage therapy by examination or endorsement under the laws of other states or territories

of the United States, the District of Columbia, or by a foreign country has a grace period of forty-

five (45) days from the date on the application fee receipt to meet licensure requirements of this

state in accordance with regulations prescribed by the board. The original privilege to work forty-

five (45) days from the date on the application fee receipt shall not be extended or renewed.

(6) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by any other state or territory of the United States, the District of Columbia, or

by a foreign country when in this state as part of a charity/event where massage is appropriate.

(7) [Deleted by P.L. 2019, ch. 114, § 1 and P.L. 2019, ch. 140, § 1].

23-20.8-10. Enforcement.

Except for the provisions of § 23-20.8-11 this chapter shall be enforced by the director of

health or any city or town licensing authority.

23-20.8-11. Penalties.

(a) Any person who practices massage therapy or acts in any capacity where a license is

required by this chapter, without a license provided for in this chapter, shall be guilty of a

misdemeanor.

(b) Any owner, operator, manager, or licensee in charge of or in control of a massage

therapy practice who knowingly employs a person who is not licensed as a massage therapist, or

who allows an unlicensed person to perform, operate, or practice massage therapy is guilty of a

misdemeanor.

is declared to be a danger to the public health and welfare. In addition to any other civil, criminal,

or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the

person is practicing, or purporting to practice, may maintain an action to enjoin that person from

practicing massage therapy until this person secures a valid license.

(d) [Deleted by P.L. 2008, ch. 100, art. 6, § 1].

SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 9395

LICENSING OF MASSAGE THERAPISTS

5-9395-1. Short title.

This act shall be known and may be cited as the "Rhode Island Massage Therapy Practice

Act."

5-9395-2. Purpose and legislative declaration.

The purpose of this chapter is to protect the health, safety, and welfare of the public. The

legislature declares that the practice of massage therapy is a healthcare and wellness profession in

need of regulation and that only qualified persons be permitted to engage in the practice as defined

herein.

It is declared that the practice of massage therapy merit and receive the confidence of the

public through the enforcement of this chapter, any applicable regulations, and other relevant laws.

It is further declared that this chapter is intended to fully occupy the entire field of massage therapy

and that any city, town, or subdivision thereof is prohibited from adopting laws that infringe on the

scope of this chapter. This chapter shall be liberally construed to effectuate the broad purpose of

protecting the health, safety, and welfare of the public.

5-9395-3. Definitions.

As used in this chapter:

(1) "Approved massage therapy education program" means a school or education program

that meets the criteria established in rule by the board, and is both authorized in the jurisdiction in

which it is located and that reflects a curriculum acceptable to an accrediting body recognized by

the U.S. Department of Education. Education received outside the United States must be

substantially equivalent to the criteria of this chapter and must be recognized by the jurisdiction in

which it is located.

(2) "Board" means the Rhode Island state board of licensed massage therapists as

established within this chapter.

(3) "Bodyworks" and "bodyworks services" means body rubs, body stimulation,

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

performed by any person not licensed under this title.

(4) "Continuing education" means a course of study subsequent to the completion of, and

in addition to, an approved entry-level program of massage therapy education.

(5) "Continuing education units" means an instructional period of at least fifty (50)

continuous minutes per hour in a recognized or approved course.

(6) "Department" means the department of health.

(7) "Examination" means a recognized standardized test or examination of entry-level

massage therapy knowledge, skills, and abilities and must meet appropriate psychometric standards

that is approved by the board.

(8) "Final adverse action" means all actions that require reporting to the state or federal

authorities, including, but not limited to, the Healthcare Integrity and Protection Data Bank

(HIPDB/National Practitioner Data Bank (NPDB)).

(9) "Massage" means the systematic and scientific manipulation of the soft tissues of the

body accomplished by the use of digits, hands, forearms, elbows, knees, or feet, hand-held tool, or

other external apparatus and may include the use of topical applications. Massage is a service

performed by a professional operating within the massage therapists authorized scope of practice,

who is licensed, certified, or registered in accordance with the general laws of Rhode Island.

(10) "Massage therapist" means a person engaged in the practice of massage therapy and

is licensed in accordance with this chapter.

(11) "Massage therapy" means the use of massage by a massage therapist, licensed under

this chapter for therapeutic purposes, including, but not limited to, pain management, stress

reduction, promotion of relaxation, and enhancement of general health and well-being. Massage

therapy includes, but is not limited to, manipulation of soft tissue and normal anatomical range of

movement of the body to develop an appropriate massage therapy session by assessment,

evaluation, and/or treatment, and the delivery of self-care and health maintenance information.

Massage therapy does not encompass:

(i) Diagnosis;

(ii) The prescribing of drugs or medicines;

(iii) Spinal manipulation; and

(iv) Any service or procedure for which a license or registration is required by law,

including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy,

occupational therapy, nutrition, psychotherapy, behavioral health services, or podiatry.

(12) "Practice of massage therapy" means the exchange of massage therapy services for

currency, goods, or services.

(13) "Topical applications" means, but is not limited to, lubricants, emollients, non-

prescription analgesics, and the use of heat and cold.

5-9395-4. Scope of practice of massage therapy.

"Massage therapy" means the use of massage by a massage therapist licensed under this

chapter for therapeutic purposes, including, but not limited to, pain management, stress reduction,

promotion of relaxation, and enhancement of general health and well-being. Massage therapy

includes, but is not limited to, manipulation of soft tissue and normal anatomical range of

movement of the body to develop an appropriate massage therapy session by assessment,

evaluation and/or treatment and the delivery of self-care and health maintenance information.

Massage therapy does not encompass:

(1) Diagnosis;

(2) The prescribing of drugs or medicines;

(3) Spinal manipulation; and

(4) Any service or procedure for which a license or registration is required by law,

including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy,

athletic training, occupational therapy, nutrition, psychotherapy, behavioral health services, or

podiatry.

5-9395-5. Special provisions.

Nothing contained in this chapter shall prohibit:

(1) A person who is otherwise licensed, certified, or registered in accordance with the

general laws of Rhode Island, from performing services within their authorized scope of practice

and who does not hold themself out to be a massage therapist or practicing massage therapy.

(2) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by another state or territory of the United States, the District of Columbia, or a

foreign country when incidentally in this state to provide service as part of an emergency response

team working in conjunction with disaster relief officials.

(3) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by any other state or territory of the United States, the District of Columbia, or

by a foreign country and temporarily practicing massage therapy in this state for a period not

exceeding thirty (30) days for the purpose of presenting educational or clinical programs, lectures,

seminars, or workshops to massage therapists.

(4) A currently enrolled student in an approved massage therapy education program from

engaging in the practice of massage therapy, under the supervision of a licensed massage therapist

or healthcare provider, provided the practice, conduct, activities, or services constitute a part of a

required course of study in the program and that such persons are identified as students.

(5) A graduate from an approved educational program may practice massage therapy only

under the supervision of one, assigned, onsite licensed massage therapist. Graduates have ninety

(90) days from the date on the application fee receipt to meet licensure requirements of this state in

accordance with regulations prescribed by the board.

(6) A massage therapist who provides acceptable evidence of being currently licensed to

practice massage therapy by examination or endorsement under the laws of other states or territories

of the United States, the District of Columbia, or by a foreign country has a grace period of forty-

five (45) days from the date on the application fee receipt to meet licensure requirements of this

state in accordance with regulations prescribed by the board. The original privilege to work forty-

five (45) days from the date on the application fee receipt shall not be extended or renewed.

(7) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by any other state or territory of the United States, the District of Columbia, or

by a foreign country when in this state as part of a charity/event where massage is appropriate.

5-9395-6. Title protection and protected terms.

(a) A person shall not practice, or hold themself out to others as practicing massage therapy,

or as a massage therapist, without first receiving from the board a license to engage in that practice.

(b) A person shall hold themself out to others as a massage therapist when the person adopts

or uses any title or description, including: "massage therapist," "masseur," "masseuse," "massagist,"

"massotherapist," "myotherapist," "body therapist," "massage technician," "massage practitioner,"

or any derivation of those terms that implies this practice.

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

publication or communication by a person not licensed by the State state of Rhode Island

department of health as a massage therapist.

(d) Any person who holds a license to practice as a massage therapist in this state may use

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

this title or use such abbreviation or any other word, letters, signs, or figures to indicate that the

person using the title is a licensed massage therapist.

(e) A massage therapist's name and license number must conspicuously appear on all of

the massage therapist's print and electronic material. A massage therapist licensed under this

chapter must have available their license, in all places of practice.

5-9395-7. Board of massage therapists -- Appointments, board composition and

qualifications, terms of office, removal, officers and terms of office, compensation, meetings.

(a) Within the division of professional regulation of the department of health, there shall

be a Rhode Island state board of licensed massage therapists appointed by the director of the

department of health (the "director") with the approval of the governor. Composition of board

members: The board shall consist of seven (7) members who reside in the State state of Rhode

Island. At all times at least four (4) members shall be licensed massage therapists in good standing,

and shall have engaged in the practice of massage therapy for not less than five (5) years. One

member shall be a member of the general public, who does not have financial interest in the

profession, or is married to or in domestic partnership with someone in the profession. At no time

shall more than one board member be an owner of, an instructor of, or otherwise affiliated with a

board-approved massage therapy school or a course of instruction. The four (4) members who are

licensed pursuant to this chapter shall represent both solo practitioners as well as members of a

group practice.

(b) The board shall be appointed for staggered terms. All terms shall be for two (2) years.

No member shall serve more than three (3) consecutive terms. Upon the death, resignation, or

removal of any member, the director, with the approval of the governor, shall appoint to fill

vacancies, as they occur, a qualified person to serve on the board for the remainder of their term or

until a successor is appointed and qualified.

and other officers as it deems appropriate and necessary to conduct business. The chair shall preside

at meetings of the board and shall perform those duties customarily associated with the position in

addition to other duties assigned by the board. The board shall designate a member to serve in the

absence of the chair.

(d) The chair and any other officer shall serve a term of one year commencing with the day

of their election and ending upon the election of their successor.

(e) The director may remove any member of the board for the neglect of any duty required

by law or for any incompetent, unprofessional, or dishonorable conduct. Before beginning their

term of office, each member shall take the oath prescribed by law, a record of which shall be filed

with the secretary of state.

(f) A board member may be suspended or removed by the director for unprofessional

conduct; refusal or inability of a board member to perform their duties as a member of the board in

an efficient, responsible, and professional manner; conviction of a felony or of a crime related to

the practice of the healthcare profession; failure to meet the qualifications of this statute; or

committing any act prohibited by this statute.

(g) Members of the board shall not receive compensation for their attendance at official

meetings of the board, or attendance at any meeting that would constitute official board business,

including teleconference calls or other board responsibilities.

(h) The board shall meet at least quarterly. The board may hold additional meetings at the

call of the chair or at the written request of any three (3) members of the board. The chair of the

board shall have the authority to call other meetings at the chairs chair’s discretion.

(i) The board may appoint committees as it considers necessary to carry out its duties.

(j) A quorum shall be necessary to conduct official board business or any committee

thereof. A majority of the members shall constitute a quorum. The board may enter into executive

("closed") session according to relevant law.

5-9395-8. Board of massage therapists -- Powers, responsibilities, and duties.

Subject to the provisions of this chapter, the board shall have the authority to implement,

interpret, and enforce this statute including, but not limited to, the authority to:

(1) Adopt rules and regulations governing the licensure of massage therapists in a manner

consistent with the provisions of this chapter and in accordance with the procedures outlined in the

administrative procedures act and promulgated in accordance with state law;

(2) Establish and enforce standards of professional and ethical conduct for licensed

massage therapists;

(3) Impose discipline in accordance with this chapter;

(4) Adopt rules that endorse equivalent licensure examinations of another state or territory

of the United States, the District of Columbia, or a foreign country and that may include licensure

by reciprocity; hold hearings, as necessary, in accordance with chapter 35 of title 42

("administrative procedures") ;

(5) Maintain a complete record of all licensed massage therapists, including disciplinary

data, and ensure licensee compliance with all established requirements;

(6) The board shall make an annual report to the governor that shall contain duties

performed, actions taken, and appropriate recommendations;

(7) The board shall consult and advise other regulatory entities as necessary regarding

issues pertaining to massage therapy education and/or issues related to the regulation of massage

therapists;

(8) Upon receipt of a complaint, the department shall authorize the investigation of any

allegations of wrongdoing undertaken by any person, entity, license, or organization related to the

practice of massage therapy;

(9) The board shall review investigative reports deemed necessary by the director or may

initiate a complaint on its own pursuant to §§ 5-93-11 or § 5-93-12;

(10) Undertake other such duties, powers, and authority as may be necessary to the

enforcement of this chapter and rules duly promulgated hereunder, determined to be in the interest

of public protection through the regulation of the profession.

5-9395-9. Licensing -- Qualifications for licensure (initial and endorsement),;

Issuance or denial of license.

(a) Every person desiring to begin the practice of massage therapy, except persons with

special provisions as provided in this chapter, shall present satisfactory evidence to the division of

professional regulation of the department that the person:

(1) Is over eighteen (18) years of age;

(2) Has submitted to a national criminal background check in accordance with this chapter;

(3) Effective January 1, 2025:

(i) For an applicant for licensure pursuing a first massage therapist license:

Has successfully completed an approved massage therapy education program, meeting the

minimum requirements established by the board, including at least eight hundred (800) hours of

supervised in-class, hands-on coursework and clinical work' and has completed six hundred fifty

(650) hours prior to December 31, 2024;

(ii) For an applicant for licensure by endorsement, holding a massage therapist license in

another state:

Has successfully completed a massage therapy education program which that meets the

approved massage therapy education program definition in § 5-9395-3, including eight hundred

(800) hours of supervised in-class, hands-on coursework and clinical work or its equivalent.

(iii) Hour equivalents may be granted in the following manner:

(A) Each fifty (50)-to sixty (60) minutes obtained from a course of study in massage

therapy equals one hour;

(B) Each one semester credit hour of massage-therapy-related college/university study

equals fifteen (15) hours;

(D) Up to one hundred (100) hours (100) may be granted for completion of continuing

education programs related to the massage therapy scope of practice described in § 5-9395-4; and

(4) Has successfully completed an examination approved by the board. Any examination

approved by the board must meet generally recognized standards including development through

the use of a job-task analysis and must meet appropriate psychometric standards.

(b) The department may grant a license to any applicant who has satisfied the requirements

of subsection (a) of this section, has completed all appropriate forms, paid all appropriate fees, and

has met substantially equivalent standards in obtaining a valid license, permit, certificate, or

registration issued by any other state or territory of the United States or by a foreign country.

is received, grant the application and issue a license to practice massage therapy for the remaining

two-(2)year (2) cycle from that date if the department is satisfied that the applicant complies with

the rules and regulations promulgated in accordance with this chapter. An applicant, whose national

criminal background check reveals a conviction for any sexual offense, including, but not limited

to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this

chapter.

(d) The fee for original application for licensure as a massage therapist and the fee for

annual license renewal every two (2) years shall be determined by the department.

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

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

police or local police department for a national criminal background check. Fingerprinting shall be

required. Upon the discovery of any disqualifying information as defined in subsection (f) of this

section, the bureau of criminal identification of the state police or the local police department shall

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

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

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

information has been found, the bureau of criminal identification shall inform the applicant and the

board in writing of this fact. An applicant against whom disqualifying information has been found

may request that a copy of the national criminal background report be sent to the board, which shall

make a judgment regarding the licensure of the applicant. The applicant shall be responsible for

payment of the costs of the national criminal background check.

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

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

(g) Notwithstanding the provisions of this section, any city or town may, by ordinance,

regulate the opening, the presence, the location, and the operation of any bodyworks business or

any business providing bodyworks services. Provided, however, no ordinance may impose

additional qualifications beyond those adopted by the department pursuant to this chapter

respecting national criminal background checks for persons applying for a license.

5-9395-10. Licensing -- Licensure renewal, license availability, continuing education

requirements, fees.

(a) The board shall establish by rule, the time and manner for renewal of licensure that shall

include continuing education requirements and renewal fees. The department shall notify each

person of licensure renewal to whom a license has been issued or renewed during the current

licensure period. Licensure renewal will take place every two (2) years.

(b) A massage therapist's name and license number must conspicuously appear on all of

the massage therapists therapist’s print and electronic material. A massage therapist licensed under

this chapter must have available the therapist's license in all places of massage therapy practice.

completed and verified every two (2) years. The board shall require no more than twenty-four (24)

continuing education units every two (2) years.

(d) Applicants for licensure renewal shall meet continuing education requirements as

prescribed by the board. On application for renewal of license, massage therapists shall attest to

completion of twenty-four (24) continuing education units every two (2) years that may include,

but not be limited to:

(1) Formal presentations;

(2) Conferences;

(3) Coursework from a massage school or program, accredited college/university; and/or

(4) Self-study or online coursework.

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

organization.

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

herein may be subject to disciplinary action pursuant to § 5-9395-11.

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

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

(g) A renewal application may be reviewed by the board for investigation consistent with

§ 5-9395-11.

(h) The board may waive the requirement for continuing education if the board is satisfied

that the applicant has suffered hardship that may have prevented meeting the educational

requirements.

(i) The fee for original application for licensure as a massage therapist and for license

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

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

5-9395-11. Discipline -- Complaints, disciplinary actions, summary suspension,

grounds for disciplinary action, suspension, and revocation of licenses.

(a) Complaints.

(1) The board is authorized to initiate and investigate complaints alleging a violation of the

this chapter or rules.

(2) The board shall keep a record of all complaints received and the resolution of each

complaint.

(b) Disciplinary actions. The board, upon proper notice and with opportunity for a hearing

conducted by the department, when required by law, may impose the following disciplinary actions

upon any person or entity for one or more of the grounds for disciplinary action in subsection (d)

of this section including, but not limited to:

(1) Refuse to issue, renew, or reinstate a license;

(2) Revoke, suspend, restrict, or limit a license;

(3) Place a license holder on probation, including placing limits on the licensee's practice

and/or supervision;

(4) Issue a reprimand;

(5) Issue a letter of concern or warning of a possible violation of this statute;

(6) Issue a cease-and-desist letter;

(7) Require payment of a fine;

(8) Require completion of remedial education;

(9) Enter into a consent order or settlement agreement; and

(10) Such other administrative discipline necessary to carry out the mission of public

protection of this chapter.

licensing authority, shall have reason to believe or that any person licensed under this chapter to

practice massage therapy has been convicted of any sexual offense, or that any person is practicing

massage in violation of this chapter or regulations promulgated under this chapter, the board, or the

department, or any city or town licensing authority, may, pending an investigation and hearing,

summarily suspend the licensure of a massage therapist, as long as the hearing is scheduled within

ninety (90) days, and may, after due notice and hearing, revoke the license or take other appropriate

action listed in subsection (b) of this section, if the department finds that the person practicing

massage is in violation of those rules and regulations or any provision of this chapter. The holder

of a license shall, upon its revocation, promptly surrender it to the board, or board designee, or any

city or town licensing authority.

(d) Grounds for disciplinary action. The following shall be grounds for the board to impose

one or more disciplinary actions including, but not limited to:

(1) Conduct that violates any provision of this chapter or board rules adopted hereunder,

including a violation of the standards of practice and codes of ethics adopted by the board;

(2) Aiding or abetting another person in the violation of this chapter or board rules;

(3) Fraud, deceit, or misrepresentation in obtaining or attempting to obtain or renew a

license;

(4) Aiding or abetting another person or entity in the unlicensed practice of massage

therapy;

(5) Misuse of license certificate, including sale or barter of a license; use of another license;

or allowing use of a license by an unlicensed person or entity;

(6) Practicing outside the scope of authority, training, or education;

(7) Delegation of professional responsibilities to a person who is not educated or trained to

undertake such responsibilities;

(8) Incapacity or impairment that prevents such licensee from engaging in the practice of

massage therapy with reasonable skill, competence, and safety;

(9) Conviction of:

(i) A felony; or

(ii) Any crime related to the practice of massage therapy;

(10) Violations of the laws or rules of this state,; violations of the laws or rules of any other

state; or violations of the laws or rules of the federal government;

(11) Failure to pay the costs or fines assessed by the board;

(12) Conduct that violates the security of any licensure examination, including, but not

limited to,: obtaining access to examination questions prior to the exam,; reproduction of

examination questions whether for or not for compensation,; or any other conduct that breaches the

security of a licensure examination or any other examination used to qualify applicants for licensure

or renewal;

(13) Being subject to any disciplinary sanction from this or any other jurisdiction against

any professional license, including any license related to the practice of massage therapy;

(14) Negligence, gross negligence, incompetence, or gross incompetence;

(15) Deceptive, untrue, or fraudulent billing, charges, use of title, terms, or representations

in the practice of massage therapy;

(16) Failure to cooperate in any investigation including the submission of documents duly

requested by the board; and

(17) Failure to comply with any board order, including a final adverse action.

(e) Judicial review of license action. Any person aggrieved by a decision of the board, or

board designee, or any city or town licensing authority, refusing to grant an application for a license

under this chapter, or suspending or revoking any license already issued, may, within thirty (30)

days, exclusive of Sundays and holidays, after receiving notice of that decision or order of the

board, administrator of professional regulation, or director of the department may be taken by an

aggrieved party to the superior court in the manner provided for in chapter 35 of title 42

("administrative procedures").

5-9395-12. Discipline -- Unlawful practice, unlicensed practice, unlawful advertising.

(a) Unlawful practice and unlicensed practice. It is unlawful for any person or entity to:

(1) Practice massage therapy without a valid license from the department;

(2) Own, operate, or manage a business which that employs, contracts with, or allows one

or more unlicensed persons to offer or provide massage therapy;

(3) Represent, hold out, offer, or advertise that the person is a licensed massage therapist,

or any other word that means massage therapist as defined in § 5-93-3 unless licensed under this

chapter by the department.

(b) Unlawful advertising. It is unlawful for any person or entity to:

(1) Represent, assume, or hold out, or advertise the title "licensed massage therapist", or

use such abbreviation "LMT" or any other word, letters, signs, or figures to indicate that the person

using the title is a licensed massage therapist without a valid license from the department;

(2) Represent, hold out, offer, or advertise the practice of massage therapy using the term

massage therapy, or any other term that implies a massage technique or method, in any public or

private publication or communication by a person not licensed by the department as a massage

therapist.

5-9395-13. Discipline -- Penalties.

(a) Nothing herein shall be construed to prohibit criminal prosecutions under the applicable

criminal code for violations of this chapter.

(b) Any person who practices massage therapy or acts in any capacity where a license is

required by this chapter, without a license provided for in this chapter, shall be guilty of a

misdemeanor.

who knowingly employs a person who is not licensed as a massage therapist, or who allows an

unlicensed person to perform, operate, or practice massage therapy is guilty of a misdemeanor.

(d) The practice of massage therapy by a person without a license issued under this chapter

is declared to be a danger to the public health and welfare. In addition to any other civil, criminal,

or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the

person is practicing, or purporting to practice, may maintain an action to enjoin that person from

practicing massage therapy until this person secures a valid license.

5-9395-14. Discipline -- Enforcement.

Except for the provisions of § 5-93-13 the provisions of this chapter shall be enforced by

the director of the department or any city or town licensing authority.

5-9395-15. Severability.

If any provision of this chapter is declared unconstitutional or illegal, or the applicability

of this chapter to any person or circumstance is held invalid by a court of competent jurisdiction,

the constitutionality or legality of the remaining provisions of this chapter and the application of

this chapter to other persons or circumstances shall not be affected and shall remain in full force

and effect without the invalid provision or application.

SECTION 3. This act shall take effect upon passage.

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LC005293/SUB A

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