Bill Text: GA SB143 | 2011-2012 | Regular Session | Introduced
Bill Title: Massage Therapy Practice; provide that an applicant for a license by endorsement shall provide certain information
Spectrum: Bipartisan Bill
Status: (Passed) 2012-05-02 - Act 724 [SB143 Detail]
Download: Georgia-2011-SB143-Introduced.html
12 SB143/AP
Senate
Bill 143
By:
Senators Henson of the 41st and Shafer of the 48th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions, so as to revise various provisions relating to massage therapists;
to provide that an applicant for a license by endorsement for massage therapy
practice shall provide certain information; to provide for a criminal background
check of applicants for a license as a massage therapist; to change certain
provisions relating to provisional permits; to repeal certain obsolete
provisions; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions, is
amended by revising Code Section 43-24A-8, relating to licensure of massage
therapists, applications, and requirements, as follows:
"43-24A-8.
(a)
No person may practice massage therapy in this state who is not a licensed
massage therapist or the holder of a valid provisional permit issued by the
division director pursuant to this chapter.
(b)
Prior to
July 1, 2007, any applicant for a license as a massage therapist must submit a
completed application upon a form and in such manner as the board prescribes,
accompanied by applicable fees, and evidence satisfactory to the board
that:
(1)
The applicant is at least 18 years of age;
(2)
The applicant is of good moral character. For purposes of this paragraph, 'good
moral character' means professional integrity and a lack of any conviction for
acts involving moral turpitude where the underlying conduct relates to the
applicant's fitness to practice massage therapy;
(3)
The applicant agrees to provide the board with any and all information necessary
to perform a criminal background check and expressly consents and authorizes the
board or its representative to perform such a check; and
(4)
The applicant has met at least one of the following requirements:
(A)
He or she has completed successfully a board recognized educational program with
a minimum of 500 hours of course and clinical work;
(B)
He or she has passed satisfactorily the National Certification Examination for
Therapeutic Massage and Bodywork, an equivalent test approved by the board, or
an examination administered by another state or jurisdiction whose license
requirements meet or exceed those of this state;
(C)
He or she meets the qualifications necessary to sit for the National
Certification Examination for Therapeutic Massage and Bodywork or has
substantially similar qualifications as determined by the board;
(D)
He or she holds a license as a massage therapist in another state or
jurisdiction whose license requirements meet or exceed the licensing
requirements of this state;
(E)
He or she has practiced massage therapy for at least ten hours per week on
average for at least ten years prior to the date of application and has
completed at least 100 hours of formal training in massage therapy as determined
by the board;
(F)
He or she has practiced massage therapy for at least five years prior to the
date of application and has completed a minimum of 200 hours of formal training
in massage therapy as determined by the board;
(G)
He or she has, to the satisfaction of the board, training in another state or
jurisdiction that meets or exceeds the requirements for licensing in this
state;
(H)
He or she has been a member, as a massage therapist, for a period of one year
prior to his or her application for licensure of a professional massage therapy
association established before 2002 which holds its members to a published code
of ethics; or
(I)
He or she has been legally practicing massage therapy in this state for
compensation prior to July 1, 2005.
(c)
On and after July 1, 2007, any
Any
applicant for a license as a massage therapist must submit a completed
application upon a form and in such manner as the board prescribes, accompanied
by applicable fees, and evidence satisfactory to the board that:
(1)
The applicant is at least 18 years of age;
(2)
The applicant has a high school diploma or its recognized
equivalent;
(3)
The applicant is a citizen of the United States or a permanent resident of the
United States;
(4)
The applicant is of good moral character. For purposes of this paragraph, 'good
moral character' means professional integrity and a lack of any conviction for
acts involving moral turpitude where the underlying conduct relates to the
applicant's fitness to practice massage therapy;
(5)
The applicant
has satisfactory results from a fingerprint record check report conducted by the
Georgia Crime Information Center and the Federal Bureau of Investigation, as
determined by the board. Application for a license under this Code section
shall constitute express consent and authorization for the board or its
representative to perform a criminal background check. Each applicant who
submits an application to the board for licensure by examination agrees to
provide the board with any and all information necessary to run a criminal
background check, including, but not limited to, classifiable sets of
fingerprints. The applicant shall be responsible for all fees associated with
the performance of such background check
The
applicant agrees to provide the board with any and all information necessary to
perform a criminal background check and expressly consents and authorizes the
board or its representative to perform such a
check;
(6)
The applicant has completed successfully a board recognized educational program
consisting of a minimum of 500 hours of course and clinical work;
and
(7)
The applicant has passed satisfactorily the National Certification Examination
for Therapeutic Massage and Bodywork, an equivalent test approved by the board,
or an examination administered by another state or jurisdiction whose license
requirements meet or exceed those of this state."
SECTION
2.
Said
title is further amended by revising Code Section 43-24A-9, relating to
provisional permits, as follows:
"43-24A-9.
(a)
A provisional permit to practice as a provisionally permitted massage therapist
may be issued for a two-year period by the board to the following
applicants:
(1)
An applicant licensed in another state with like or similar requirements for
licensure; or
(2)
An applicant who is not the holder of any massage therapy license.
(b)
Such permit shall authorize the applicant to work under the supervision of a
licensed massage therapist as provided by the board.
(c)
The applicant, by submitting an application for a provisional permit, agrees to
provide the board with any and all information necessary to perform a criminal
background check and expressly consents and authorizes the board or its
representative to perform such a check.
(a)
A provisional permit to practice as a provisionally permitted massage therapist
shall, upon proper application, be issued for a six-month period to an applicant
who meets the following criteria:
(1)
Holds a valid license as a massage therapist in another state;
(2)
Is not a resident of this state;
(3)
Has not had a license or permit to practice as a massage therapist voided,
revoked, suspended, or annulled by this state or another state; and
(4)
Has not been convicted of a felony in the courts of this state, any other state,
territory, or country, or in the courts of the United States, including, but not
limited to, a plea of nolo contendere entered to such charge or the affording of
first offender treatment to any such charge.
(b)
A provisional permit shall require the applicant to work under the supervision
of a licensed massage therapist as provided by the board. The board shall be
authorized to promulgate rules and regulations regarding the requirements for
such supervision and the enforcement thereof.
(c)
A provisional permit may be voided if the board determines that the person
holding such permit no longer meets one or more of the criteria set forth in
subsection (a) of this Code section.
(d)
Such
A
provisional permit
issued
pursuant to subsection (a) of this Code
section shall have the same force and
effect as a permanent license until the time of its expiration.
(e)
The
A
provisional permit
issued
pursuant to subsection (a) of this Code
section shall expire on the same date as a
permanent
license
that is
issued to persons who have
issued under
this chapter to a holder of a provisional permit who
has passed the
examination
pursuant to Code Section
43-24A-8."
SECTION
3.
Said
title is further amended by revising paragraph (3) of Code Section 43-24A-13,
relating to license by endorsement, as follows:
"(3)
The applicant
has satisfactory results from a fingerprint record check report conducted by the
Georgia Crime Information Center and the Federal Bureau of Investigation, as
determined by the board. Application for a license under this Code section
shall constitute express consent and authorization for the board or its
representative to perform a criminal background check. Each applicant who
submits an application to the board for licensure by endorsement agrees to
provide the board with any and all information necessary to run a criminal
background check, including, but not limited to, classifiable sets of
fingerprints. The applicant shall be responsible for all fees associated with
the performance of such background check
The
applicant agrees to provide the board with any and all information necessary to
perform a criminal background check and expressly consents and authorizes the
board or its representative to perform such a
check; and"
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.