Bill Text: MS HB833 | 2026 | Regular Session | Introduced
Bill Title: Interstate Massage Compact; create.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB833 Detail]
Download: Mississippi-2026-HB833-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Creekmore IV
House Bill 833
AN ACT TO ENACT INTO LAW THE INTERSTATE MASSAGE COMPACT AND PROVIDE THAT THE STATE OF MISSISSIPPI ENTERS THE COMPACT WITH OTHER STATES THAT JOIN IN THE COMPACT; TO AMEND SECTIONS 73-67-7, 73-67-15, 73-67-17, 73-67-19, 73-67-21, 73-67-27, 73-67-29 AND 73-67-31, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 73-67-35, MISSISSIPPI CODE OF 1972, TO CORRECT THE HOURS NEEDED FOR IN CERTAIN SUBJECT AREAS OF THE EDUCATIONAL REQUIREMENTS FOR MASSAGE THERAPY LICENSURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Interstate Massage Compact is enacted into law and entered into by this state with any and all states legally joining in the Compact in accordance with its terms, in the form substantially as follows:
INTERSTATE MASSAGE COMPACT
ARTICLE 1.
PURPOSE
The purpose of this Compact is to reduce the burdens on State governments and to facilitate the interstate practice and regulation of Massage Therapy with the goal of improving public access to, and the safety of, Massage Therapy Services. Through this Compact, the Member States seek to establish a regulatory framework which provides for a new multistate licensing program. Through this additional licensing pathway, the Member States seek to provide increased value and mobility to licensed massage therapists in the Member States, while ensuring the provision of safe, competent, and reliable services to the public.
This Compact is designed to achieve the following objectives, and the Member States ratify the same intentions by subscribing hereto:
1. Increase public access to Massage Therapy Services by providing for a multistate licensing pathway;
2. Enhance the Member States' ability to protect the public's health and safety;
3. Enhance the Member States' ability to prevent human trafficking and licensure fraud;
4. Encourage the cooperation of Member States in regulating the multistate Practice of Massage Therapy;
5. Support relocating military members and their spouses;
6. Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the Member States;
7. Create an Interstate Commission that will exist to implement and administer the Compact;
8. Allow a Member State to hold a Licensee accountable, even where that Licensee holds a Multistate License;
9. Create a streamlined pathway for Licensees to practice in Member States, thus increasing the mobility of duly licensed massage therapists; and
10. Serve the needs of licensed massage therapists and the public receiving their services.
However, nothing in this Compact is intended to prevent a State from enforcing its own laws regarding the Practice of Massage Therapy.
ARTICLE 2.
DEFINITIONS
As used in this Compact, except as otherwise provided and subject to clarification by the Rules of the Commission, the following definitions shall govern the terms in the Compact:
1. "Active Military Member" means any person with full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve.
2. "Adverse Action" means any administrative, civil, equitable, or criminal action permitted by a Member State's laws which is imposed by a Licensing Authority or other regulatory body against a Licensee, including actions against an individual's Authorization to Practice such as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the Licensee, limitation of the Licensee's practice, or any other Encumbrance on licensure affecting an individual's ability to practice Massage Therapy, including the issuance of a cease and desist order.
3. "Alternative Program" means a non-disciplinary monitoring or prosecutorial diversion program approved by a Member State's Licensing Authority.
4. "Authorization to Practice" means a legal authorization by a Remote State pursuant to a Multistate License permitting the Practice of Massage Therapy in that Remote State, which shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote State.
5. "Background Check" means the submission of an applicant's criminal history record information, as further defined in 28 CFR Section 20.3(d), as amended from the Federal Bureau of Investigation and the agency responsible for retaining State criminal records in the applicant's Home State.
6. "Charter Member States" means Member States who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as defined in Article 12 of this Compact.
7. "Commission" means the government agency whose membership consists of all States that have enacted this Compact, which is known as the Interstate Massage Compact Commission, as defined in Article 8 of this Compact, and which shall operate as an instrumentality of the Member States.
8. "Continuing Competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational or professional activities that maintain, improve, or enhance Massage Therapy fitness to practice.
9. "Current Significant Investigative Information" means Investigative Information that a Licensing Authority, after an inquiry or investigation that complies with a Member State's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that State's laws regarding the Practice of Massage Therapy.
10. "Data System" means a repository of information about Licensees who hold Multistate Licenses, which may include, but is not limited to, license status, Investigative Information, and Adverse Actions.
11. "Disqualifying Event" means any event that shall disqualify an individual from holding a Multistate License under this Compact, which the Commission may by Rule specify.
12. "Encumbrance" means a revocation or suspension of, or any limitation or condition on, the full and unrestricted Practice of Massage Therapy by a Licensing Authority.
13. "Executive Committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
14. "Home State" means the Member State which is a Licensee's primary state of residence where the Licensee holds an active Single-State License.
15. "Investigative Information" means information, records, or documents received or generated by a Licensing Authority pursuant to an investigation or other inquiry.
16. "Licensing Authority" means a State's regulatory body responsible for issuing Massage Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State.
17. "Licensee" means an individual who currently holds a license from a Member State to fully practice Massage Therapy, whose license is not a student, provisional, temporary, inactive, or other similar status.
18. "Massage Therapy", "Massage Therapy Services", and the "Practice of Massage Therapy" mean the care and services provided by a Licensee as set forth in the Member State's statutes and regulations in the State where the services are being provided.
19. "Member State" means any State that has adopted this Compact.
20. "Multistate License" means a license that consists of Authorizations to Practice Massage Therapy in all Remote States pursuant to this Compact, which shall be subject to the enforcement jurisdiction of the Licensing Authority in a Licensee's Home State.
21. "Remote State" means any Member State, other than the Licensee's Home State.
22. "Rule" means any opinion or regulation promulgated by the Commission under this Compact, which shall have the force of law.
23. "Single-State License" means a current, valid authorization issued by a Member State's Licensing Authority allowing an individual to fully practice Massage Therapy, that is not a restricted, student, provisional, temporary, or inactive practice authorization and authorizes practice only within the issuing State.
24. "State" means a state, territory, possession of the United States, or the District of Columbia.
ARTICLE 3.
MEMBER STATE REQUIREMENTS
A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a State must:
1. License and regulate the Practice of Massage Therapy;
2. Have a mechanism or entity in place to receive and investigate complaints from the public, regulatory or law enforcement agencies, or the Commission about Licensees practicing in that State;
3. Accept passage of a psychometrically valid national examination as a criterion for Massage Therapy licensure in that State; For purposes of this compact, such examination shall not include a State-administered examination, but shall be inclusive of the following:
a. The Massage and Bodywork Licensure Examination; or
b. The National Certification Board for Therapeutic Massage & Bodywork before January 1, 2015; or
c. The substantial equivalent of the foregoing which the Commission may approve by Rule;
4. Require that Licensees satisfy educational requirements before being licensed to provide Massage Therapy Services to the public in that State;
5. Implement procedures for requiring the Background Check of applicants for a Multistate License, and for the reporting of any Disqualifying Events, including, but not limited to, obtaining and submitting, for each Licensee holding a Multistate License and each applicant for a Multistate License, fingerprint or other biometric-based information to the Federal Bureau of Investigation for Background Checks; receiving the results of the Federal Bureau of Investigation record search on Background Checks and considering the results of such a Background Check in making licensure decisions;
6. Have Continuing Competence requirements as a condition for license renewal;
7. Participate in the Data System, including through the use of unique identifying numbers as described in this Compact;
8. Notify the Commission and other Member States, in compliance with the terms of the Compact and Rules of the Commission, of any disciplinary action taken by the State against a Licensee practicing under a Multistate License in that State, or of the existence of Investigative Information or Current Significant Investigative Information regarding a Licensee practicing in that State pursuant to a Multistate License;
9. Comply with the Rules of the Commission; and
10. Accept Licensees with valid Multistate Licenses from other Member States as established in this Compact.
B. Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single-State License as provided under the laws of each Member State. However, the Single-State License granted to those individuals shall not be recognized as granting a Multistate License for Massage Therapy in any other Member State.
C. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.
D. A Multistate License issued to a Licensee shall be recognized by each Remote State as an Authorization to Practice Massage Therapy in each Remote State.
ARTICLE 4.
MULTISTATE LICENSE REQUIREMENTS
A. To qualify for a Multistate License under this Compact, and to maintain eligibility for such a license, an applicant must: 1. Hold an active Single-State License to practice Massage Therapy in the applicant's Home State;
2. Satisfy one of the following:
a. Completion of at least six hundred and twenty-five (625) clock hours of Massage Therapy education; or
b. Graduation from an educational program that meets the minimum qualifications for licensure in the home state and two (2) years of continuous licensure with a Single-State License in good standing in the Home State (except as provided in Article 7 of this Compact); or
c. Satisfaction of the substantial equivalent of the foregoing which the Commission may approve by Rule;
3. Successfully pass a psychometrically valid national examination. For purposes of this compact, such examination shall not include a State-administered examination, but shall be inclusive of the following:
a. The Massage and Bodywork Licensure Examination; or
b. The National Certification Board for Therapeutic Massage & Bodywork before January 1, 2015; or
c. The substantial equivalent of the foregoing which the Commission may approve by Rule.
4. Submit to a Background Check;
5. Have not been convicted or found guilty, or have entered into an agreed disposition, of a felony offense under applicable State or federal criminal law, within five (5) years before the date of their application, where such a time period shall not include any time served for the offense, and provided that the applicant has completed any and all requirements arising as a result of any such offense;
6. Have not been convicted or found guilty, or have entered into an agreed disposition, of a misdemeanor offense related to the Practice of Massage Therapy under applicable State or federal criminal law, within two (2) years before the date of their application where such a time period shall not include any time served for the offense, and provided that the applicant has completed any and all requirements arising as a result of any such offense;
7. Have not been convicted or found guilty, or have entered into an agreed disposition, of any offense, whether a misdemeanor or a felony, under State or federal law, at any time, relating to any of the following:
a. Kidnapping;
b. Human trafficking;
c. Human smuggling;
d. Sexual battery, sexual assault, or any related offenses; or
e. Any other category of offense which the Commission may by Rule designate;
8. Have not previously held a Massage Therapy license which was revoked by, or surrendered in lieu of discipline to an applicable Licensing Authority;
9. Have no history of any Adverse Action on any occupational or professional license within two (2) years before the date of their application; and
10. Pay all required fees.
B. A Multistate License granted pursuant to this Compact may be effective for a definite period of time concurrent with the renewal of the Home State license.
C. A Licensee practicing in a Member State is subject to all scope of practice laws governing Massage Therapy Services in that State.
D. The Practice of Massage Therapy under a Multistate License granted pursuant to this Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts, and the laws of the Member State in which the Massage Therapy Services are provided.
ARTICLE 5.
AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES
A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the Practice of Massage Therapy in that State, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.
B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to take Adverse Action against a Licensee's Single-State License to practice Massage Therapy in that State.
C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Remote State to take Adverse Action against a Licensee's Authorization to Practice in that State.
D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action against a Licensee's Multistate License based upon information provided by a Remote State.
E. Insofar as practical, a Member State's Licensing Authority shall cooperate with the Commission and with each entity exercising independent regulatory authority over the Practice of Massage Therapy according to the provisions of this Compact.
ARTICLE 6.
ADVERSE ACTIONS
A. A Licensee's Home State shall have exclusive power to impose an Adverse Action against a Licensee's Multistate License issued by the Home State.
B. A Home State may take Adverse Action on a Multistate License based on the Investigative Information, Current Significant Investigative Information, or Adverse Action of a Remote State.
C. A Home State shall retain authority to complete any pending investigations of a Licensee practicing under a Multistate License who changes his or her Home State during the course of such an investigation. The Licensing Authority shall also be empowered to report the results of such an investigation to the Commission through the Data System as described in this Compact.
D. Any Member State may investigate actual or alleged violations of the scope of practice laws in any other Member State for a massage therapist who holds a Multistate License.
E. A Remote State shall have the authority to:
1. Take Adverse Actions against a Licensee's Authorization to Practice;
2. Issue cease and desist orders or impose an Encumbrance on a Licensee's Authorization to Practice in that State;
3. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located;
4. If otherwise permitted by State law, recover from the affected Licensee the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee; and
5. Take Adverse Action against the Licensee's Authorization to Practice in that State based on the factual findings of another Member State.
F. If an Adverse Action is taken by the Home State against a Licensee's Multistate License or Single-State License to practice in the Home State, the Licensee's Authorization to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from such license. All Home State disciplinary orders that impose an Adverse Action against a Licensee shall include a statement that the Massage Therapist's Authorization to Practice is deactivated in all Member States during the pendency of the order.
G. If Adverse Action is taken by a Remote State against a Licensee's Authorization to Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States. A Licensee whose Authorization to Practice in a Remote State is removed for a specified period of time is not eligible to apply for a new Multistate License in any other State until the specific time for removal of the Authorization to Practice has passed and all encumbrance requirements are satisfied.
H. Nothing in this Compact shall override a Member State's authority to accept a Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's Multistate License shall be suspended for the duration of the Licensee's participation in any Alternative Program.
I. Joint Investigations.
1. In addition to the authority granted to a Member State by its respective scope of practice laws or other applicable State law, a Member State may participate with other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
ARTICLE 7
ACTIVE MILITARY MEMBER AND THEIR SPOUSES
Active Military Member, or their spouses, shall designate a Home State where the individual has a current license to practice Massage Therapy in good standing. The individual may retain their Home State designation during any period of service when that individual or their spouse is on active-duty assignment. Further, Active Military Members or their spouses shall satisfy the requirements of Article 4.A.2. by successful graduation from an educational program that meets the minimum qualifications for licensure in the designated Home State.
ARTICLE 8.
ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT COMMISSION
A. The Compact Member States create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Interstate Massage Compact Commission. The Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Article 12 of this Compact.
B. Membership, Voting, and Meetings.
1. Each Member State shall have and be limited to one (1) delegate selected by that Member State's State Licensing Authority.
2. The delegate shall be either:
a. A member of the State Licensing Authority; or
b. The primary administrative officer of the State Licensing Authority or their designee.
3. The Commission shall by Rule or by law establish a term of office for delegates and may by Rule or by law establish term limits.
4. The Commission may recommend removal or suspension of any delegate from office.
5. A Member State's State Licensing Authority shall fill any vacancy of its delegate occurring on the Commission within sixty (60) days of the vacancy.
6. Each delegate shall be entitled to one (1) vote on all matters that are voted on by the Commission.
7. The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference or other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest policies;
3. Adopt Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this Compact, the Commission's Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Authority to sue or be sued under applicable law shall not be affected;
7. Maintain and certify records and information provided to a Member State as the authenticated business records of the Commission, and designate an agent to do so on the Commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. Assess and collect fees;
13. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
19. The Commission may elect up to two (2) ex-officio, nonvoting members of the Commission as specified in the Commission's bylaws;
20. Accept and transmit complaints from the public, regulatory or law enforcement agencies, or the Commission, to the relevant Member State(s) regarding potential misconduct of Licensees;
21. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the Commission as provided in the Commission's bylaws;
22. Establish and elect an Executive Committee, including a chair and a vice chair;
23. Adopt and provide to the Member States an annual report.
24. Determine whether a State's adopted language is materially different from the model Compact language such that the State would not qualify for participation in the Compact; and
25. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.
D. The Executive Committee.
1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:
a. Overseeing the day-to-day activities of the administration of the Compact including compliance with the provisions of the Compact, the Commission's Rules and bylaws, and other such duties as deemed necessary;
b. Recommending to the Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;
c. Ensuring Compact administration services are appropriately provided, including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the Commission;
f. Monitoring Compact compliance of Member States and providing compliance reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or by law; and
i. Other duties as provided in the Rules or bylaws of the Commission.
2. The Executive Committee shall be composed of seven (7) voting members as follows:
a. The chair and vice chair of the Commission and any other members of the Commission who serve on the Executive Committee shall be voting members of the Executive Committee; and
b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect three voting members from the current membership of the Commission.
3. The Commission may remove any member of the Executive Committee as provided in the Commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subsection F.4 of this article.
b. The Executive Committee shall give five (5) business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the Executive Committee intends to address at those meetings.
5. The Executive Committee may hold an emergency meeting when acting for the Commission to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of Commission or Participating State funds; or
c. Protect public health and safety.
E. The Commission shall adopt and provide to the Member States an annual report.
F. Meetings of the Commission.
1. All meetings of the Commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days before the public meeting.
2. Notwithstanding subsection F.1 of this article, the Commission may convene an emergency public meeting by providing at least twenty-four (24) hours prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Article 10.L. The Commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
3. Notice of all Commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.
4. The Commission may convene in a closed, non-public meeting for the Commission to discuss:
a. Non-compliance of a Member State with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current or threatened discipline of a Licensee by the Commission or by a Member State's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or confidential;
h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure to the public by federal or Member State law; or
m. Other matters as promulgated by the Commission by Rule.
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
6. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
G. Financing of the Commission.
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each Member State and impose fees on Licensees of Member States to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Commission shall promulgate by Rule.
4. The Commission shall not incur obligations of any kind before securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any Member States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
H. Qualified Immunity, Defense, and Indemnification.
1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Nothing in this Compact shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State's State action immunity or State action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Commission.
ARTICLE 9.
DATA SYSTEM
A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.
B. The Commission shall assign each applicant for a Multistate License a unique identifier, as determined by the Rules of the Commission.
C. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license and information related thereto;
4. Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation;
5. Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law);
6. The existence of Investigative Information;
7. The existence presence of Current Significant Investigative Information; and
8. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Commission.
D. The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a Member State.
E. The existence of Current Significant Investigative Information and the existence of Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
F. It is the responsibility of the Member States to report any Adverse Action against a Licensee who holds a Multistate License and to monitor the database to determine whether Adverse Action has been taken against such a Licensee or License applicant. Adverse Action information pertaining to a Licensee or License applicant in any Member State will be available to any other Member State.
G. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.
H. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.
ARTICLE 10.
RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.
B. The Rules of the Commission shall have the force of law in each Member State; however, where the Rules of the Commission conflict with the laws of the Member State that establish the Member State's scope of practice as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this article and the Rules adopted thereunder. Rules shall become binding as of the date specified by the Commission for each Rule.
D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State or to any State applying to participate in the Compact.
E. Rules shall be adopted at a regular or special meeting of the Commission.
F. Before adoption of a proposed Rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
G. Before adoption of a proposed Rule by the Commission, and at least thirty (30) days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested notice of the Commission's notices of proposed rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
H. The Notice of Proposed Rulemaking shall include:
1. The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the Notice of Proposed Rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any interested person; and
5. The manner in which interested persons may submit written comments.
I. All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed Rule shall be available to the public.
J. Nothing in this article shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this article.
K. The Commission shall, by majority vote of all Commissioners, take final action on the proposed Rule based on the Rulemaking record.
1. The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule.
2. The Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
3. The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in subsection L of this article, the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issuing the notice that it adopted or amended the Rule.
L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures provided in the Compact and in this article shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or
3. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission before the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
N. No Member State's rulemaking requirements shall apply under this Compact.
ARTICLE 11.
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct or any such similar matter.
3. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination.
1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of default to the other Member States.
C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, the defaulting State's State Licensing Authority and each of the Member States' State Licensing Authority.
E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
F. Upon the termination of a State's membership from this Compact, that State shall immediately provide notice to all Licensees who hold a Multistate License within that State of such termination. The terminated State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) days after the date of the notice of termination.
G. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.
H. The defaulting State may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
I. Dispute Resolution.
1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
J. Enforcement.
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and the Commission's Rules.
2. By majority vote as provided by Commission Rule, the Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting Member State's law.
3. A Member State may initiate legal action against the Commission in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
4. No individual or entity other than a Member State may enforce this Compact against the Commission.
ARTICLE 12.
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State.
1. On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the Charter Member States to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute.
a. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Article 11 of this Compact.
b. If any Member State is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven (7).
2. Member States enacting the Compact subsequent to the Charter Member States shall be subject to the process set forth in Article 8.C.24 to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.
3. All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact before the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.
4. Any State that joins the Compact shall be subject to the Commission's Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.
B. Any Member State may withdraw from this Compact by enacting a statute repealing that State's enactment of the Compact.
1. A Member State's withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact before the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of such withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.
C. Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.
D. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
ARTICLE 13.
CONSTRUCTION AND SEVERABILITY
A. This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this article, the Commission may deny a State's participation in the Compact or, in accordance with the requirements of Article 11.B, terminate a Member State's participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
ARTICLE 14.
CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.
Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.
All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
SECTION 2. Section 73-67-7, Mississippi Code of 1972, is amended as follows:
73-67-7. For purposes of this chapter, the following terms shall have the meanings stated in this section, unless otherwise stated:
(a) "Approved massage therapy school" means a facility that is licensed by this board and meets the curriculum and instruction requirements as stated in this chapter.
(b) "Board" means the State Board of Massage Therapy as created in this chapter.
(c) "Board-accepted hours" means hours of education accepted by the board to meet requirements of exemption and/or continuing education for pre-act practitioners and is different from "board-approved programs" and/or "board-approved school hours."
(d) "Classroom hour" means no less than fifty (50) minutes of any one (1) clock hour during which the student participates in a learning activity under the supervision of a board licensed instructor.
(e) "Examination" means the State Board of Massage Therapy approved examination for licensure.
(f) "License" means a State Board of Massage Therapy approved form of credential indicating that the license holder has met the requirements of this chapter for the practice of massage therapy.
(g) "Massage" means touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment). "Therapy" means action aimed at achieving or increasing health and wellness. "Massage therapy" means the profession in which the practitioner applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools such as electric hand massagers used adjunctively to the application of hand massage or devices designed as t-bars or knobbies, and (iii) instruct self-care and stress management. "Manual" means by use of hand or body.
(h) "Massage establishment" means a place of business where massage is being conducted.
(i) "Massage therapist" means a person who practices massage therapy.
(j) "MPMTA" means the "Mississippi Professional Massage Therapy Act."
(k) "Mississippi State Law Examination" means the comprehensive examination on the Mississippi Professional Massage Therapy Act and the associated relevant Board Rules and Regulations that is given by the board or its representative.
(l) "Pre-act practitioner" means an individual who has practiced professional massage therapy before January 1, 2001.
(m) "Professional" means requiring minimum standards of conduct, ethics and education.
(n) "Provisional permit" means a temporary permit approved by the board when all requirements, other than board-approved national or state examinations, have been met, not to exceed ninety (90) days.
(o) "Authorization to practice" means the authorization to practice as a massage therapist under the Interstate Massage Compact provided for in Section 1 of this act.
(p) "Licensee" means a person who has been issued a license to practice as a massage therapist in this state, or a person who holds an authorization to practice as a massage therapist in this state.
SECTION 3. Section 73-67-15, Mississippi Code of 1972, is amended as follows:
73-67-15. (1) The board shall:
(a) Adopt an official seal and keep a record of its proceedings, persons licensed as massage therapists, persons who hold an authorization to practice as massage therapists, and a record of the licenses and authorizations to practice that have been revoked or suspended;
(b) Keep on file all appropriate records pertaining to each license and authorizations to practice;
(c) Annually, on or before February 15, make a report to the Governor and Legislature of all of its official acts during the preceding year, its total receipts and disbursements, and a full and complete report of relevant statistical and significantly notable conditions of massage therapists in this state as uniformly stipulated by the board;
(d) Evaluate the qualifications of applicants for licensure or authorizations to practice under this chapter, and advise applicants as to the acceptance or denial of licensure or authorizations to practice with any reasons for denial within forty-five (45) days;
(e) Issue licenses to applicants who meet the requirements of this chapter and issue authorizations to practice to applicants who meet the requirements of this chapter and the Interstate Massage Compact provided for under Section 1 of this act;
(f) Inspect, or have inspected, when required, the business premises of any licensed massage therapist during their operating hours, so long as that inspection does not infringe on the reasonable privacy of any therapist's clients;
(g) Establish minimum training and educational standards for obtaining a license under this chapter, provided that requirements do not decrease;
(h) Establish a procedure for approval of educational standards required by this chapter;
(i) Investigate persons suspected of engaging in practices that may violate provisions of this chapter;
(j) Revoke, suspend or deny a license or an authorization to practice in accordance with the provisions of this chapter;
(k) Adopt an annual budget;
(l) Establish policies with respect to continuing education;
(m) Adopt rules:
(i) Specifying standards and procedures for issuance of a provisional permit;
(ii) Specifying licensure procedures for practitioners desiring to be licensed or receive an authorization to practice in this state who hold an active license or credentials from another state board;
(iii) Prescribing renewal procedures, requirements, dates and fees for massage therapy licenses and authorizations to practice issued by the board and shall include provisions for inactive and lapsed licenses and authorizations to practice; those rules shall be in accordance with Section 33-1-39;
(n) Make available all forms necessary for carrying out all provisions of this chapter and any and all necessary business of the board;
(o) Establish written duties of the executive director;
(p) Establish a set of reasonable and customary fines and penalties for violations of this chapter, and fees, including refund policies, which shall be standardized and not exceeded unless amended with at least thirty (30) days' notice to those who are licensed or hold authorizations to practice;
(q) Establish, amend or repeal any rules or regulations necessary to carry out the purposes of this chapter and the duties and responsibilities of the board. Affected practitioners shall be sent relevant changes no less than once per licensure renewal;
(r) Maintain a current register listing the name of every massage therapist licensed to practice or holding an authorization to practice in this state, his/her last known place of business and last known place of residence, and the date and number of his/her license or authorization to practice;
(s) Set up guidelines for the operation of schools of massage therapy, and it is charged with that regulation in this state. The board may prescribe reasonable rules and regulations governing schools of massage therapy for the guidance of persons licensed under this chapter in the operation of schools of massage therapy and in the practice of massage therapy. When the board has reasons to believe that any of the provisions of this chapter or the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging those violations or upon the board's own initiative, the board or any of its authorized agents shall investigate same and may enter upon the premises of a school of massage therapy at any time during regular business hours of that school to conduct the investigation. The investigation may include, but not be limited to, conducting oral interviews with the complaining party, school or school owner(s) and/or students of the school, and reviewing records of the school pertinent to the complaint and related to an area subject to the authority of the board;
(t) Set up guidelines for the registration of establishments where massage services are performed and maintain a current registry of their location, owner contact information, local business permit information and names of licensees who perform massage services at their establishments;
(u) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, received or maintained by the board with other state or federal agencies and with a national disciplinary database recognized by the board or as required by law, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
(v) Report final disciplinary action taken against a licensee to other state or federal regulatory agencies and to a national disciplinary database recognized by the board or as required by law.
(2) Each board member shall be held accountable to the Governor for the proper performance of all duties and obligations of the member's office. Board members shall be immune from civil liability pertaining to any legal functions involving the carrying out of the activities and responsibilities of this chapter.
SECTION 4. Section 73-67-17, Mississippi Code of 1972, is amended as follows:
73-67-17. The board may adopt rules:
(a) Establishing reasonable standards concerning the sanitary, hygienic and healthful conditions of the licensed massage therapist and of premises and facilities used by massage therapists;
(b) Relating to the methods and procedures used in the practice of massage;
(c) Governing the examination and investigation of applicants for the licenses and authorizations to practice issued under this chapter and the issuance, renewal, suspension and revocation of the license or authorization to practice;
(d) Setting standards for certifying continuing education classes;
(e) Requiring that massage therapists supply the board with the accurate, current address or addresses where they practice massage;
(f) Establishing the educational, training and experience requirements for licensure by reciprocity;
(g) Establishing requirements for issuance and retention of an inactive license or authorization to practice and/or provisional permits;
(h) Establishing requirements for registering massage therapy establishments.
SECTION 5. Section 73-67-19, Mississippi Code of 1972, is amended as follows:
73-67-19. (1) The board shall report to the proper district attorney all cases that, in the judgment of the board, warrant prosecution.
(2) Massage therapists or establishments may not be discriminated against regarding business licenses and shall be treated as any other health care profession.
(3) Any civil penalty imposed under this section shall become due and payable when the person incurring the penalty receives a notice in writing of the penalty. The notice shall be sent by registered or certified mail. The person to whom the notice is addressed shall have thirty (30) days from the date of mailing of the notice in which to make written application for a hearing. Any person who makes that application shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing. When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, unless the amount of penalty is paid within ten (10) days after the order becomes final, it may be recorded with the circuit clerk in any county of this state. The clerk shall then record the name of the person incurring the penalty and the amount of the penalty in his lien record book.
(4) Where the board proposes to refuse to grant or renew a license or authorization to practice or proposes to revoke or suspend a license or authorization to practice, an opportunity for a hearing shall be accorded. The board may designate any competent person(s) to preside at the hearing. The board shall promulgate rules for the conduct of hearings and issuance of orders.
(5) The board may adopt rules requiring any person, including, but not limited to, licensed massage therapists, massage therapists who hold an authorization to practice, corporations, organizations, health care facilities and state or local governmental agencies to report to the board any conviction, determination or finding that a holder of a license or an authorization to practice has committed an act that constitutes unprofessional conduct, or to report information that indicates that the holder of a license or an authorization to practice may not be able to practice his or her profession with reasonable skill and safety to consumers as a result of a mental, emotional or physical condition. If the entity fails to furnish a required report, the board may petition the circuit court of the county in which the entity resides or is found, and the court shall issue to the entity an order to furnish the required report. A failure to obey the order is a contempt of court.
(6) A person is immune from civil liability, whether direct or derivative, for providing information to the board.
(7) Upon the complaint of any citizen of this state, or upon its own motion, the board may investigate any alleged violation of this chapter. In the conduct of investigations, the board may take evidence; take the depositions of witnesses, including the person charged; compel the appearance of witnesses, including the person charged, before the board in person the same as in civil cases; require answers to interrogatories; and compel the production of books, papers, accounts, documents and testimony pertaining to the matter under investigation.
(8) The board shall make available, upon request, written appeals procedures for anyone whose license or authorization to practice has been denied, suspended or revoked, and/or for anyone accused of violating any provisions of this chapter.
(9) Any time the board intends to deny an application for licensure or an authorization to practice, or suspend or revoke an existing license or authorization to practice, the board shall give the person an opportunity for a hearing before taking final action.
SECTION 6. Section 73-67-21, Mississippi Code of 1972, is amended as follows:
73-67-21. (1) It shall be the responsibility of a massage therapy establishment to verify the current license or authorization to practice of any and all persons practicing massage therapy at the location of or on behalf of the establishment. Failure to comply is subject to penalty assessed by the board of not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00) per offense.
(2) No person may advertise massage or practice massage for compensation in this state unless he is licensed or holds an authorization to practice as a massage therapist by the board. No person may use the title of or represent himself to be a massage therapist or use any other title, abbreviations, letters, figures, signs or devices that indicate that the person is a massage therapist unless he is licensed to practice massage therapy or holds an authorization to practice under the provisions of this chapter. A current massage therapy license or authorization to practice issued by the board shall at all times be prominently displayed in any place where massage therapy is being practiced.
(3) The following are requirements for licensure:
(a) An applicant must be eighteen (18) years of age, or older, on the date the application is submitted.
(b) An application must provide proof of high school graduate equivalency.
(c) An applicant must be of legal status not only to receive a license, but also to work in the State of Mississippi with that license.
(d) An applicant must supply proof of current certification in cardiopulmonary resuscitation (CPR) and first aid of at least eight (8) hours of training, including practical testing, and supply documentation of familiarity with the Americans with Disabilities Act.
(e) All required fees for licensure must be submitted by the applicant.
(f) Any and all requirements regarding good moral character and competency, as provided for in this chapter and in accepted codes of ethics, shall be met.
(g) An applicant must have completed an approved course on communicable diseases, including HIV/AIDS information and prevention.
(h) The applicant's official and certified transcript(s) from the applicant's massage therapy school. The transcript must verify that the applicant has completed a board-approved training program of no less than the minimum requirement for massage therapy instruction and student clinic, with a minimum grade requirement of "C" or better in every course of instruction, as stated for school requirements.
(4) The following pre-act practitioners are exempt from having to take any examination for licensure, but must fulfill all other requirements as stated in this chapter, except for the requirements in subsection (3)(h) of this section:
(a) Those having more than three hundred (300) documented, board-accepted hours of massage therapy education before January 1, 2001.
(b) Those having more than five (5) years of professional massage therapy experience and a minimum of one hundred fifty (150) hours of approved massage therapy education.
(c) Those having no formal training, but who have successfully passed the National Certification Examination for Therapeutic Massage and Bodywork.
(d) All grandfathering exemption allowances as stated in this subsection (4) shall end on July 1, 2002, for nonstudents, and on June 1, 2003, for students who were enrolled in a part-time massage school curriculum on July 1, 2001. Individuals may apply for a license until the grandfathering exemption ends, but may not practice massage beyond the allowed grace period as provided for in Section 73-67-37 unless a valid massage therapy license or provisional permit is obtained. Except as provided in subsection (5) of this section, all other pre-act practitioners and anyone not practicing massage therapy before January 1, 2001, must take and pass the licensure examination and follow the requirements in this chapter to practice massage therapy for compensation in Mississippi.
(e) Students enrolled in a massage therapy curriculum of at least five hundred (500) hours on July 1, 2001, who complete graduation from the same curriculum.
(5) Any person who has practiced massage therapy for a period of more than twenty-five (25) years before March 14, 2005, who is employed as a massage therapist by a YMCA or YWCA authorized and existing as a nonprofit corporation under the laws of this state on March 14, 2005, is exempt from having to take any examination for licensure, but must fulfill all other requirements as stated in this chapter, except for the requirements in subsection (3)(b), (d), (g) and (h) of this section. Persons exempt under this subsection may apply for a massage therapy license until January 1, 2006, but may not practice massage therapy after January 1, 2006, unless a valid license is obtained.
(6) Certificates of registration issued by the board before July 1, 2008, shall remain valid as licenses until the next renewal period.
(7) An applicant must have successfully been cleared for licensure or receiving an authorization to practice through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure or holding an authorization to practice as set forth in Section 73-67-27.
(a) To assist the board in conducting its licensure or authorization to practice investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.
(b) Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure or authorization to practice, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure or authorization to practice, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
(c) The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
(d) The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
SECTION 7. Section 73-67-27, Mississippi Code of 1972, is amended as follows:
73-67-27. (1) The board may refuse to issue or renew or may deny, suspend or revoke any license or authorization to practice held or applied for under this chapter upon finding that the holder of a license or authorization to practice or applicant:
(a) Is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license or authorization to practice provided for in this chapter;
(b) Attempted to use as his own the license or authorization to practice of another;
(c) Allowed the use of his license or authorization to practice by another;
(d) Has been adjudicated as mentally incompetent by regularly constituted authorities;
(e) Has been convicted of a crime, or has charges or disciplinary action pending that directly relates to the practice of massage therapy or to the ability to practice massage therapy. Any plea of nolo contendere shall be considered a conviction for the purposes of this section;
(f) Is guilty of unprofessional or unethical conduct as defined by the code of ethics;
(g) Is guilty of false, misleading or deceptive advertising, or is guilty of aiding or assisting in the advertising or practice of any unlicensed or unpermitted person in the practice of massage therapy;
(h) Is grossly negligent or incompetent in the practice of massage therapy;
(i) Has had rights, credentials or one or more license(s) to practice massage therapy or authorizations to practice revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee similar to acts described in this section. A certified copy of the record of the jurisdiction making such a revocation, suspension or denial shall be conclusive evidence thereof; or
(j) Has been convicted of any felony, other than a violation of federal or state tax laws.
(2) Investigative proceedings may be implemented by a complaint by any person, including members of the board.
(3) (a) Any person(s) found guilty of prostitution using as any advertisement, claim or insignia of being an actual licensed massage therapist or to be practicing massage therapy by using the word "massage" or any other description indicating the same, whether or not the person(s) have one or more license for the person(s) or establishment(s), shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00), nor more than Five Thousand Dollars ($5,000.00), or imprisonment of up to six (6) months, or both, per offense, per person.
(b) Any person who knowingly participates in receiving illegal service(s) of any person found guilty as described in paragraph (a) of this subsection, upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for up to one (1) month, or both. Persons officially designated to investigate complaints are exempt.
(c) Any person who violates any provision of this chapter, other than violation(s) of paragraph (a) of this subsection, is guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for up to one (1) month in jail, or both, per offense.
(d) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted against either the accused, the charging party, or both, as it may elect.
SECTION 8. Section 73-67-29, Mississippi Code of 1972, is amended as follows:
73-67-29. (1) Any licensed massage therapist or massage therapist who holds an authorization to practice advertising by the use of radio, newspaper, television, electronic media, flyers, business cards, phone book or any other means shall include legibly, or clearly audible, the massage therapy license or authorization to practice number issued to the therapist(s) on and/or with that advertising. Massage establishments with six (6) or more licensed massage therapists or massage therapists who hold an authorization to practice shall be exempt from this provision provided that the therapy or service is performed by person(s) licensed or massage therapist(s) who holds an authorization to practice under this chapter.
(2) Any and all advertising of the licensed massage therapist or massage therapist who holds an authorization to practice shall be of a professional and ethical nature and shall not be attached to or identified with any pornographic or other establishment that may be construed as unprofessional and/or unethical in the practice of professional massage therapy.
(3) No practice of, or advertisement by any means of, any type of therapy involving soft tissue movement by the use of any body part, instrument(s) or device(s), or any term that may be interpreted to involve massage, shiatsu, acupressure, oriental, Eastern or Asian massage techniques, spa, rub, or therapeutic touch, shall be allowed unless that therapy is performed by person(s) who are licensed, hold an authorization to practice or are exempt as stated in this chapter.
(4) Providing information concerning continuing education of massage therapy shall not constitute advertising as that term is used in this section. National massage publications and out-of-state instruction/education/information materials are exempt.
(5) The advertising of any designation of massage, including the word "Swedish" (as used in this context), shall not be allowed in conjunction with any other term that the board finds questionable. Questionable terms may include "bath," "shampoo" and "escort."
(6) Massage schools that advertise for student clinic, or any other type of student massage, must conspicuously include the respective words "student massage" within the advertisement.
(7) Advertisers shall obtain the license or authorization to practice number from each massage therapist before entering into an agreement or contract to advertise any form of massage therapy as stated in this chapter. The license or authorization to practice number(s) shall be part of the actual advertisement. Massage establishments with six (6) or more licensed massage therapists or massage therapists who hold an authorization to practice shall be exempt from this provision provided that the therapy or service is performed by person(s) licensed or massage therapist(s) who hold an authorization to practice under this chapter.
SECTION 9. Section 73-67-31, Mississippi Code of 1972, is amended as follows:
73-67-31. (1) All licensed massage therapists and massage therapists who hold an authorization to practice shall:
(a) Perform only those services for which they are qualified and which represent their training and education;
(b) Acknowledge their professional limitations and refer the client to an appropriate health professional when necessary, in cases where massage may be or is contraindicated;
(c) Recognize and respect the rights of all ethical practitioners and cooperate with health professionals in a professional manner;
(d) Obtain and keep an overview or profile of the client's state of being and health history and discuss any problem areas that may contraindicate massage;
(e) Keep accurate and up-to-date records regarding a client's condition before and after massage therapy session in cases of a client being treated for a specific condition. Public, sports and on-site seated massage sessions are exempt from documentation; sports massage sessions are exempt from post-event documentation;
(f) Provide sensitive attention and response to client's comfort levels for pressure and touch, and shall not cause bruising with any regularity;
(g) Maintain clear and honest communications with their clients, and acknowledge the confidential nature of the professional relationship with a client and respect rights to privacy;
(h) Abide by all laws that pertain to their work as a massage therapist;
(i) In no way instigate or tolerate any kind of sexual advance while acting in the capacity of a massage therapist;
(j) Provide and use draping to cover all genitalia;
(k) Clean/disinfect his hands immediately before each massage session and/or use medical gloves.
(2) No massage therapist shall diagnose or prescribe medicine, drugs or treatment.
SECTION 10. Section 73-67-35, Mississippi Code of 1972, is amended as follows:
73-67-35. (1) To obtain a massage therapy license, an applicant must submit to the board the applicant's official and certified transcript(s) from the applicant's massage therapy school. The transcript must verify that the applicant has completed a board-approved training program of not less than five hundred fifty (550) hours of massage therapy instruction, and at least fifty (50) hours of student clinic, with a minimum grade requirement of "C" or better in every course of instruction, in the following subjects:
(a) Two hundred (200) hours in massage theory and practicum;
(b) Two hundred (200) hours in science of the human body;
(c) One hundred fifty (150) hours in allied modalities; and
(d) Fifty (50) hours in supervised student clinic.
(2) "Massage theory and practicum" must include a minimum of the following classroom hours in the specified subject areas:
(a) Ten (10) hours in legalities including Mississippi massage law and ethics;
(b) Twenty (20) hours in history, benefits, indications and contraindications;
(c) One hundred (100) hours in massage demonstration and supervised practice, which must include, but is not limited to, client evaluation, stroking, kneading, stretching, friction, percussion, vibration, range of motion, approved hand-held tools and devices designated as t-bars or knobbies, and draping and turning; and
(d) The remaining seventy (70) hours may expand on any or all of the previous three (3) subject areas and/or be related to practical massage.
(3) "Science of the human body" must include a minimum of the following classroom hours in the specified subject areas:
(a) Twenty (20) hours in anatomy, including all body systems;
(b) Twenty (20) hours in physiology, including all body systems;
(c) Twenty (20) hours in myology/kinesiology;
(d) Twenty (20) hours in neurology;
(e) Twenty (20) hours in pathology, including medical terminology; and
(f) The remaining * * * one hundred (100) hours may
expand on any or all of the previous six (6) subject areas and/or be related to
the science of the human body.
(4) "Allied modalities" must include, but are not limited to, a minimum of the following classroom hours in the specified subject areas:
(a) Seven (7) hours in Eastern, European and Western theory/methods;
(b) Eight (8) hours in cardiopulmonary resuscitation (CPR) and first aid;
(c) Ten (10) hours in charting and documentation;
(d) Twenty-five (25) hours in hydrotherapy and infrared heat;
(e) Twenty (20) hours in referral methods within the health care system; and
(f) The remaining * * * eighty (80)
hours may expand on any or all of the previous five (5) subject areas,
including the Americans with Disabilities Act, and/or be devoted to any approach
to massage therapy and wellness, such as trigger points, management,
communication, safety, oriental or Eastern massage techniques and specialized
populations. Schools with a temporary or probationary board status license
must include a comprehensive review class of no less than sixteen (16) hours
and three (3) hours to sit for and pass the board comprehensive exam.
(5) "Student clinic" must include at least fifty (50) practical hands-on one-hour massage therapy sessions to be evaluated on documents filed and kept on record at the school for a minimum of six (6) months. These evaluations are to be completed by the clients of the massage therapy sessions and shall include the client's name, address, reason for session, indications and contraindications, date and signature. Each completed session shall constitute one (1) hour of student clinic. The hands-on session must be supervised by an instructor, board licensed in the area being supervised.
(6) A massage therapy program shall not operate in the State of Mississippi unless it meets the minimum standards of curriculum for licensure as stated in this chapter. Massage schools and massage curriculums for licensure preparation must obtain a national accreditation from such agencies as the Commission on Massage Therapy Accreditation or programs with the same or greater requirements. Existing massage schools will have five (5) years from July 1, 2001, to obtain that accreditation. New massage schools will have five (5) years from the opening of the massage school to show conformance with the accreditation requirements. An existing accredited massage school that loses its accreditation will have three (3) years from the date of loss of its accreditation to show conformance with the accreditation requirements.
(7) No massage therapy program shall consist of more than forty (40) in-class clock hours per week.
(8) Hours credited through transfer credit shall not be recognized by the board unless the following transfer standards are met:
(a) The school shall be provided with a certified transcript from a school licensed or approved in that state;
(b) Courses for which credit is granted shall parallel in content and intensity to the course offered by the school;
(c) Documentation of previous training shall be included in each student's permanent file.
(9) Private business and vocational schools that have obtained national accreditation from an accrediting agency designated by the United States Department of Education may submit evidence of current accreditation in lieu of other application requests. Applications submitted on evidence of national accreditation must be approved or denied within sixty (60) days after receipt. If no action is taken within sixty (60) days, the application shall be deemed approved and a massage therapy license must be issued.
SECTION 11. This act shall take effect and be in force from and after July 1, 2026.
