Bill Text: HI SB2541 | 2020 | Regular Session | Amended
Bill Title: Relating To Massage Therapists.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-03-13 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Gates, McDermott, Thielen excused (3). [SB2541 Detail]
Download: Hawaii-2020-SB2541-Amended.html
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THE SENATE |
S.B. NO. |
2541 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MASSAGE THERAPISTS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the practice of massage in the State affects public health and safety. As a matter of public interest and concern, massage therapist licensees should regularly maintain their knowledge and education and receive basic first aid and emergency-related training through mandatory continuing education requirements, in addition to understanding the ethical implications of advertising and promoting the practice of massage.
Accordingly, the purpose of this Act is to:
(1) Require massage therapy licenses, beginning with the renewal for the licensing biennium commencing on July 1, 2022, and every biennial renewal thereafter, to complete twelve hours of continuing education within the two-year period preceding the renewal date, two hours of which shall include first aid, cardiopulmonary resuscitation, or emergency-related course; and
(2) Modify and update advertising limitations and penalties.
SECTION 2. Section 452-16, Hawaii Revised Statutes, is amended to read as follows:
"§452-16
Renewal of license; fees[.];
continuing education. (a)
Massage therapist and massage therapy
establishment licenses shall expire on June 30 of each even-numbered year
following the date of issuance unless renewed for the next biennium. These licenses may be renewed by filing an
application therefor, accompanied by a renewal fee[.] and submitting documentation
of continuing education compliance, as provided in this section. The application shall be made between May 1
and June 30 of each even-numbered year.
Failure to apply for renewal as provided in this section shall
constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored
within one year after expiration upon the filing of an application in the same
manner, submitting documentation of continuing education compliance as provided
in this section, and payment of a penalty fee in addition to all delinquent
fees. Thereafter, the person shall apply
as a new applicant and the board may require the person to take and pass the
examination and satisfy all requirements for the examination, including
training, if the board is not satisfied that the person possesses current
knowledge and skills for the practice of massage therapy.
(b) For massage therapy licenses, beginning with the renewal for the licensing biennium commencing on July 1, 2022, and every biennial renewal thereafter, each licensee shall submit proof of completing twelve hours of continuing education within the two-year period preceding the renewal date, two hours of which shall include first aid, cardiopulmonary resuscitation, or emergency-related courses. The board shall adopt rules relating to the requirements and standards that continuing education programs shall meet to obtain recognition and approval from the board."
SECTION 3. Section 452-23, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) It is a misdemeanor for any person, including a person who is exempt by section 452-21 from this chapter, to advertise with or without any limiting qualifications as a massage therapist unless the person holds a valid license under this chapter. Further, it shall be a violation of this chapter for any person to advertise:
(1) As a massage therapist or a massage therapy establishment unless the person holds a valid license under this chapter in the classification so advertised;
(2) By combining advertising for a licensed massage therapy service with escort or dating services;
(3) As performing massage in a form in which the person has not received training, or of a type which is not licensed or otherwise recognized by statute or administrative rule;
(4) By using in any mass distribution, print
advertisements such as newspaper advertisements, [or] telephone
directory listings, or electronic advertisements on the internet or social media
platforms, pictures depicting the human form other than hands, wrists, and
forearms;
(5) By using any term other than therapeutic massage or massage therapy to refer to the service; or
(6) By referring to any personal physical qualities of the practitioner.
"Advertise" as used in this section includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle or structure; advertising in any newspaper or magazine; listing or posting on any website, blog, or social media platform; any listing or advertising in any directory under a classification or heading that includes the word "massage therapist" or "massage therapy establishment"; or commercials broadcast by airwave transmission.
(b) A massage therapist or massage therapy establishment may advertise in print, on the internet, or broadcast medium, as defined in subsection (a) only if the massage therapist or massage therapy establishment includes in the advertisement or listing the massage therapist's or massage therapy establishment's applicable and current license number, and provides written evidence of the number's validity to the publisher or producer of the advertising medium. The publisher or producer of a print or broadcast advertising medium shall refuse to publish or broadcast an advertisement or listing for a massage therapist or massage therapy establishment that does not comply with the provisions of this subsection. A publisher or producer who obtains a signed statement from the massage therapist or massage therapy establishment which states that the massage therapist or massage therapy establishment has read the text of the advertisement or listing, has an applicable and current massage therapist or massage therapy establishment license for the services advertised, has included all applicable and current license numbers in the advertisement or listing, and is aware of civil and criminal penalties for advertising as a massage therapist or massage therapy establishment without a valid license, shall be entitled to a rebuttable presumption of compliance with this subsection."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2020.
Report Title:
Massage Therapists; Licenses; Renewals; Continuing Education; Advertising
Description:
Beginning with the renewal for the licensing biennium commencing July 1, 2022, and every biennial renewal thereafter, requires massage therapy licensees to complete twelve hours of continuing education within the two-year period preceding the renewal date, two hours of which shall include first aid, cardiopulmonary resuscitation, or emergency related courses. Updates advertising restrictions and penalties. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
