Bill Text: IN HB1302 | 2011 | Regular Session | Introduced
Bill Title: Massage therapists.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-13 - First reading: referred to Committee on Public Health [HB1302 Detail]
Download: Indiana-2011-HB1302-Introduced.html
Citations Affected: IC 25-21.8.
Synopsis: Massage therapists. Requires massage therapists to be
licensed. (Currently they are certified.) Provides that all individuals
practicing massage therapy must be licensed. (Current law requires
certification to use the name "certified massage therapist".) Prohibits
local units of government from establishing or maintaining licensing
requirements for massage therapy. Makes conforming changes.
Effective: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Public Health.
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A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
(1) Three (3) massage therapists, each of whom:
(A) is
(B) has been actively practicing massage therapy for at least three (3) of the five (5) years immediately preceding the individual's appointment.
(2) Two (2) members of the general public. A board member appointed under this subdivision must not:
(A) be
(B) be the spouse of an individual who is
(C) have a direct or an indirect financial interest in the profession regulated under this article.
(b) A massage therapist member of the board is not required to be
a member of a professional massage therapy association. However:
(1) not more than one (1) massage therapist member appointed to
the board may belong to the same professional massage therapy
association; and
(2) one (1) massage therapist member must not be a member of
a professional massage therapy association.
(1) for the competent practice of massage therapy; and
(2) necessary to administer and enforce this article.
(1) Administer and enforce this article.
(2) Adopt rules under IC 4-22-2 for the administration and enforcement of this article.
(3) Judge the qualifications of applicants for
(4) Issue, deny, or renew
(5) Subject to IC 4-21.5, IC 25-1-7, and IC 25-1-11, discipline individuals who are
(6) Establish reasonable fees for examination,
(7) Maintain a record of all proceedings.
(8) Maintain records of
(9) Adopt at least two (2) examinations that an applicant may use for
(b) The board may do the following:
(1) Conduct administrative hearings.
(2) Administer oaths in matters relating to the discharge of the official duties of the board.
(1) made to the board in the form and manner provided by the board; and
(2) accompanied by an application fee in the amount set by the
board.
(1) Furnish evidence satisfactory to the board showing that the individual:
(A) is at least eighteen (18) years of age;
(B) has a high school diploma or the equivalent of a high school diploma;
(C) has successfully completed a massage therapy school or program that:
(i) requires at least five hundred (500) hours of supervised classroom and hands on instruction on massage therapy;
(ii) is in good standing with a state, regional, or national agency of government charged with regulating massage therapy schools or programs; and
(iii) is accredited by the Indiana commission on proprietary education established by IC 21-17-2-1 or accredited by another state where the standards for massage therapy education are substantially the same as the standards in Indiana, or is a program at an institution of higher learning that is approved by the board; and
(D) has taken and passed
(2) Provide a history of any criminal convictions the individual has, including any convictions related to the practice of the profession. The board shall deny an application for
(A) has been convicted of:
(i) prostitution;
(ii) rape; or
(iii) sexual misconduct; or
(B) is a registered sex offender.
(3) Provide proof that the applicant has professional liability insurance in force that lists the state as an additional insured.
(4) Verify the information submitted on the application form.
(5) Pay fees established by the board.
(1) engage in the practice of massage therapy;
(A) the title
(B) the abbreviation
the person is a
(b) This article may not be construed to limit the use of touch, words, and directed movement performed by a person holding a valid license or certificate under this title when the person is acting within the scope of the person's license or certificate.
(1) the individual is considered to be licensed as a massage therapist on July 1, 2011; and
(2) the board shall issue a license to the individual under this article.
(b) Notwithstanding subsection (a), the board and the Indiana professional licensing agency are not required to issue a:
(1) wall license to a licensed individual described in subsection (a); and
(2) new pocket license to a licensed individual described in subsection (a);
until the license renewal period beginning December 1, 2012.
(c) This section expires January 1, 2013.
(1) is licensed, certified, or registered in another state having credentialing standards that are at least as strict as the credentialing standards specified under this article;
(2) is in good standing with the standards of the other state or country;
(3) pays an application fee established by the board; and
(4) provides a history of the individual's criminal convictions, if any, including any criminal convictions relating to the practice of the profession.
(b) The board shall deny an application for
(1) has been convicted of:
(A) prostitution;
(B) rape; or
(C) sexual misconduct; or
(2) is a registered sex offender.
(c) An applicant for a
(d) The board may grant a license to a massage therapist who is licensed or certified and in good standing in another state if the standards for massage therapy education are substantially equivalent to the standards in Indiana.
(1) apply for renewal in the manner required by the board; and
(2) pay a renewal fee established by the board.
Chapter 8. Local Preemption
Sec. 1. Beginning January 1, 2012, a local unit of government may not establish or maintain professional licensing requirements for massage therapists.