AMTA Legislative Briefing for November 2008
AMTA Legislative Briefing
November 2008
Alabama
Senate Bill 164 was introduced on February 5, 2008 by Senators Dixon, Griffith, Little, Barron and Figures. SB 164 would reauthorize the Alabama Board of Massage Therapy until October 1, 2011. SB 164 would also change the existing licensure requirement of United States citizenship to also allow for persons legally present in the United States with the appropriate documentation from the federal government. SB 164 was referred to the Senate Committee on Fiscal Responsibility and Accountability on February 5, 2008. SB 164 passed second reading and placed on the committee calendar on February 6, 2008. A motion offered by Senator Dixon to carry over to the call of the Chair was adopted by voice vote on March 4, 2008. Senator Pittman successfully offered a substitute bill on March 27, 2008. Senate passed SB 164 and transmitted it to the House on March 27, 2008. SB 164 passed first reading and was referred to the House Committee on Board and Commissions on March 27, 2008. SB 164 was read for the second time and placed on the calendar on April 1, 2008. SB 164 passed House vote on April 3, 2008. SB 164 was transmitted to the Governor for approval on April 3, 2008. The Governor signed SB 164 on April 10, 2008. To view the bill, please visit THIS LINK .
Last action taken: The Governor signed SB 164 on April 10, 2008.
Arizona
Senate Bill 1006 was introduced January 14, 2008 by Senator Waring and referred to the Senate Government Committee. SB 1006 relates to professional licensure and will require 25 hours of continuing education for massage therapy licensure every 2 years. SB 1006 also prohibits a professional license issued to any member of the Arizona National Guard or U.S. Armed Forces Reserves from expiring while the member is serving on federal active duty, provided the member or legal representative of the member notifies the license issuing authority of the federal active duty status of the member and extends expiration of the license to 180 days after return from active duty. The Government Committee amended, recommended passage and referred SB 1006 to the Senate Rules Committee on January 14, 2008. After amendment and passage from the Rules Committee, SB 1006 passed second reading on January 15, 2008. After further amendment, SB 1006 passed third reading on February 25, 2008 and was transmitted to the House for consideration. SB 1006 was referred to the House Committee on Counties, Municipalities, and Military Affairs on March 3, 2008. The House Committee on Counties, Municipalities, and Military Affairs recommended passage of SB 1006 and referred it to the House Rules Committee on March 3, 2008. SB 1006 passed second reading on March 4, 2008. SB 1006 was sent to majority and minority caucuses and placed on the consent calendar on April 15, 2008. Committee on the Whole passed SB 1006 as amended on April 21, 2008. SB 1006 passed third reading and transmitted to the Senate on April 22, 2008. Minority caucus recommended concurrence on April 29, 2008. The Senate concurred with House amendments on May 7, 2008. SB 1006 was transmitted to the Governor for approval on May 7, 2008. The Governor signed SB 1006 on May 12, 2008. Last action taken: The Governor signed SB 1006 on May 12, 2008.
California
Senate Bill 731 was introduced by Senator Oropeza on February 23, 2007. SB 731 would, commencing September 1, 2009, provide for the certification of massage practitioners and massage therapists by the Massage Therapy Organization, which would be a nonprofit organization that meets specified requirements, and would impose certain duties on the organization. The bill would require applicants for certification as massage practitioners or massage therapists to be 18 years of age or older, to meet specified educational criteria, to provide to the organization and update certain information, to provide fingerprints for submission to the Department of Justice for a criminal background check, and to pay fees required by the organization. Those certified by the organization would not be subject to local regulations. SB 731 was referred to the Senate Committee on Rules for assignment on February 23, 2007. On March 21, 2007, a hearing on SB 731 was scheduled in the Senate Business, Professions and Economic Development Committee for April 9, 2007. SB 731 was amended in the Senate and re-referred to the Senate Business, Professions and Economic Development Committee on April 16, 2007. SB 731 was amended and re-referred to the Senate Committee on Business, Professions and Economic Development on April 19, 2007. SB 731 was amended and re-referred to the Committee on Public Safety on April 26, 2007. SB 731 was amended and substituted on May 8, 2007. The Committee on Appropriations recommended SB 731 be placed on second reading on May 15, 2007. SB 731 was read for a second time and placed on third reading on May 16, 2007. SB 731 was read for the third time and passed the Senate on May 31, 2007. SB 731 was referred to the Assembly Business and Professions Committee on June 7, 2007. A hearing on SB 731 has been scheduled for July 3, 2007. SB 731 was amended on June 25, 2007. SB 731 was heard in the Assembly Business and Professions Committee and was passed out of Committee on July 3, 2007. SB 731 was amended in Assembly on July 9, 2007. The Assembly Committee on Appropriations issued a report on SB 731 on July 17, 2007. The Assembly Committee on Appropriations set a second hearing and held SB 731 in committee on August 30, 2007. The Assembly Committee on Appropriations amended SB 731 and reported favorably on August 8, 2008. SB 731 passed second reading on August 11, 2008. SB 731 passed third reading on August 13, 2008 and was referred back to the Senate for concurrence. The Senate concurred with House amendments on August 19, 2008. SB 731 was enrolled and delivered to the Governor for approval on September 17, 2008. Governor Schwarzenegger approved SB 731 on September 27, 2008. To view the bill as enrolled, please visit THIS LINK. Last action taken: Governor Schwarzenegger approved SB 731 on September 27, 2008.
Colorado
Senate Bill 219 was introduced Senators Romer, Groff, Morse, Tapia and Tochtrop on April 7, 2008 and was referred to the Senate Committee on Business, Labor and Technology and the Senate Appropriations Committee. SB 219 would establish provisions for registration of massage therapy practitioners. To view the bill, please visit THIS LINK . The Senate Committee on Business, Labor and Technology amended SB 219 and reported favorably on April 16, 2008. The Senate Appropriations Committee amended SB 219 and reported favorably on April 18, 2008. SB 219 passed second reading in the Senate on April 22, 2008. SB 219 passed third reading on April 23, 2008. SB 219 was introduced into the House and referred to the House Health and Human Services Committee and the House Appropriations Committee on April 23, 2008. The House Health and Human Services Committee heard witness testimony on SB 219 on April 28, 2008. The House Health and Human Services Committee amended SB 219 and reported favorably on April 29, 2008. The House Appropriations Committee amended SB 219 and reported favorably on April 29, 2008. SB 219 passed third reading in the House on May 2, 2008. The Senate concurred with House amendments to SB 219 on May 5, 2008. SB 219 was sent to the Governor for approval on May 22, 2008. Governor Ritter signed SB 219 on June 2, 2008. Last action taken: SB 219 was signed by Governor Ritter on June 2, 2008.
House Bill 1150 was introduced Representative Todd, Green and Stafford on January 15, 2008 and referred to the House Health and Human Services Committee and the House Appropriations Committee. HB 1150 would create a Medicaid pilot program providing chiropractic care, massage therapy and acupuncture by licensed or certified providers to Medicaid eligible persons with disabilities. A hearing was held by the House Health and Human Services Committee on February 1, 2008. After amending HB 1150, the House Health and Human Services Committee reported favorably on February 7, 2008. The House Appropriations Committee further amended HB 1150 and reported favorably on April 11, 2008. HB 1150 passed second reading on April 11, 2008. HB 1150 passed third reading on April 14, 2008. HB 1150 was introduced into the Senate and assigned to Senate Health and Human Services Committee and Senate Appropriations Committee on April 16, 2008. The Senate Health and Human Services Committee reported favorably on HB 1150 on April 24, 2008. The Senate Appropriations Committee amended HB 1150 and reported favorably on April 25, 2008. HB 1150 passed second reading on April 29, 2008. HB 1150 passed third reading on April 30, 2008. The House concurred with Senate amendments to HB 1150 on May 2, 2008. HB 1150 was sent to the Governor for approval on May 19, 2008. Governor Ritter vetoed HB 1150 on June 5, 2008. Last action taken: HB 1150 was vetoed by Governor Ritter on June 5, 2008.
Georgia
House Bill 1055 was introduced by Representatives Williams, Dickson, Tumlin and Forster on January 31, 2008. Among changes to many professions, HB 1055 changes the provisions relating to licensure by endorsement for massage therapists and repeals certain provisions relating to licensure by reciprocity for massage therapists. HB 1055 was read a second time and referred to the House Committee on Regulated Industries on February 2, 2008. The Committee amended and reported favorably on HB 1055 on February 8, 2008. HB 1055 was amended and passed by the House on February 14, 2008. HB 1055 was received by the Senate and referred to the Senate Government Oversight Committee on February 19, 2008. The Senate Government Oversight Committee offered a substitute bill and favorably reported HB 1055 on March 5, 2008. HB 1055 passed second reading on March 6, 2008. HB 1055 was adopted by the Senate on March 12, 2008. The House disagreed with the Senate substitute version of HB 1055 on March 27, 2008. The Senate insisted on the substitute version of HB 1055 on March 28, 2008. House and Senate appointed a conference committee on April 1, 2008. Both House and Senate adopted conference committee report on April 4, 2008. HB 1055 was sent to the Governor for approval on April 15, 2008. The Governor signed HB 1055 on May 14, 2008. HB 1055 will become effective on July 1, 2008. Last action taken: HB 1055 was signed by the Governor on May 14, 2008.
Maryland
House Bill 1563 was introduced on February 26, 2008 by Delegate Hubbard and assigned to the House Rules and Executive Nominations Committee. HB 1563 amends the licensure requirements for massage therapists and amends the State Board of Chiropractic and Massage Therapy Examiners requirements. To view the bill, please visit THIS LINK . HB 1563 was referred to the House Health and Government Operations Committee on March 7, 2008. The House Health and Government Operation Committee held a hearing on HB 1563 on March 19, 2008. The Committee reported on HB 1563 favorably and with amendments on March 14, 2008. The favorable with amendments report was adopted and HB 1563 passed second reading on March 20, 2008. HB 1563 passed third reading and was referred to the Senate on March 21, 2008. HB 1563 passed first reading in the Senate and was referred to the Senate Education, Health and Environmental Affairs Committee on March 22, 2008. HB 1563 passed second reading in the Senate on April 2, 2008. The Senate Education, Health and Environmental Affairs Committee reported on HB 1563 favorably on April 3, 2008. HB 1563 passed third reading in the Senate on April 3, 2008. HB 1563 was approved by the Governor on April 24, 2008. Last action taken: HB 1563 was approved by the Governor on April 24, 2008.
Michigan
Senate Bill 788 was introduced on September 19, 2007 by Senator Jacobs, Richardville and Gleason to provide for the licensure of massage therapists. To view the bill, please visit THIS LINK. Last action taken: SB 788 was referred to the Senate Committee on Economic Development and Regulatory Reform on September 19, 2007.
House Bill 5651 was introduced on January 22, 2008 by Representative Paul Cordino to provide for the licensure of massage therapists. HB 5651 was referred to the House Committee on Regulatory Reform. HB 5651 was reported on favorably, with amendments, by the House Committee on Regulatory Reform on June 24, 2008. HB 5651 amendments were accepted on June 25, 2008. HB 5651 passed second reading and third reading on June 25, 2008. HB 5651 was transmitted to the Senate and referred to the Senate Committee on Economic Development and Regulatory Reform on June 26, 2008. The Senate Committee on Economic Development and Regulatory Reform amended HB 5651 and report favorably on October 2, 2008. HB 5651 was referred to the Senate Committee of the Whole on October 2, 2008. To view the bill, please visit THIS LINK. Last action taken: HB 5651 was referred to the Senate Committee of the Whole on October 2, 2008.
House Bill 5995 was introduced on April 17, 2008 by Representative Paul Cordino and referred to the House Committee on Regulatory Reform. HB 5995 would amend regulations relating to proprietary schools and allow student clinics to charge nominal fees for services rendered by students. HB 5995 was reported on favorably, with amendments, by the House Committee on Regulatory Reform and referred for second reading on June 24, 2008. HB 5995 was amended, passed second reading, passed third reading and transmitted to the Senate on September 9, 2008. HB 5995 was referred to the Senate Committee on Economic Development and Regulatory Reform on September 10, 20008. The Senate Committee on Economic Development and Regulatory Reform amended HB 5995 and was report favorably on October 2, 2008. HB 5995 was referred to the Senate Committee of the Whole on October 2, 2008. To view the bill, please visit THIS LINK. Last action taken: HB 5995 was referred to the Senate Committee of the Whole on October 2, 2008.
Mississippi
House Bill 426 was introduced on January 29, 2008 by Representative Holland and referred to the House Public Health and Human Services Committee. HB 426 reenacts and amends the Mississippi Massage Therapy Act to provide for licensure and removes the repealer. To view the bill, please visit THIS LINK. The House Public Health and Human Services Committee reported to amend and pass HB 426 on February 7, 2008. HB 426 was amended and passed the House on February 11, 2008. The Senate received and referred HB 426 to the Senate Committee on Public Health and Welfare on February 12, 2008. The Senate Committee on Public Health and Welfare reported to pass HB 426 on March 12, 2008. HB 426 passed Senate vote on March 25, 2008. HB 426 was approved by the Governor on April 8, 2008. Last action taken: HB 426 was approved by the Governor on April 8, 2008.
Missouri
House Bill 1419 was introduced by Representative Portwood on January 9, 2008. HB 1419 changes the laws regarding the licensing of massage therapists. In its main provisions, the bill: (1) Requires applicants to be of good moral character; (2) Requires completion of a program of massage therapy studies as defined by the Board of Therapeutic Massage; (3) Requires that all massage therapy instruction be supervised; (4) Allows a person completing a massage therapy program of less than 500 hours of supervised instruction to submit an application for licensure and requires the board to establish the requirements to be completed prior to being issued a license; and (5) Allows for the extension of a provisional license. HB 1419 passed second reading and was referred to the Special Committee on Professional Registration and Licensing on January 10, 2008. Public hearing was completed by the Committee on January 31, 2008. HB 1419 was reported on favorably and referred to the House Rules Committee on February 28, 2008. The Rules Committee reported favorably on HB 1419 on March 12, 2008. HB 1419 passed third reading in the House on April 2, 2008. HB 1419 was reported to the Senate and read the first time on April 3, 2008. HB 1419 read a second time and referred to the Senate Financial, Governmental Organization and Election Committee on April 7, 2008. The Senate Financial, Governmental Organization and Election Committee held public hearing on April 14, 2008. HB 1419 was reported on favorably by the Senate Financial, Governmental Organization and Election Committee and placed on the Senate consent calendar for third reading on April 14, 2008. HB 1419 passed the Senate on May 16, 2008. HB 1419 was sent to the Governor for approval on May 29, 2008. Governor Blunt approved HB 1419 on June 25, 2008. Last action taken: Governor Blunt approved HB 1419 on June 25, 2008.
New York
Senate Bill 8278 was introduced on May 21, 2008 by Senators Morahan and Sabini. SB 8278 eliminates the licensure requirement of citizenship or permanent residence in those professions where such requirement presently exists. SB 8278 was referred to the Senate Committee on Higher Education on May 21, 2008. Last action taken: SB 8278 was referred to the Senate Committee on Higher Education on May 21, 2008.
North Carolina
Senate Bill 1980 was introduced on May 27, 2008 by Senator Cowell. SB 1980 amends the laws under the North Carolina massage and bodywork therapy practice act to expand the existing laws regulating massage and bodywork therapy schools; to authorize the board to establish fees for licensing massage and bodywork therapy schools and to allow the department of justice to conduct criminal history record checks from state and national repositories of criminal history of applicants for licensure to practice massage and bodywork therapy. To view the bill, please visit THIS LINK . SB 1980 was referred to the Senate Health Care Committee on May 28, 2008. Last action taken: SB 1980 was referred to the Senate Health Care Committee on May 28, 2008.
Senate Bill 1314 was introduced on March 26, 2007 by Senator Cowell. SB 1314 amends the laws under the North Carolina massage and bodywork therapy practice act to expand the existing laws regulating massage and bodywork therapy schools; to authorize the board to establish fees for licensing massage and bodywork therapy schools; to allow the department of justice to conduct criminal history record checks from state and national repositories of criminal history of applicants for licensure to practice massage and bodywork therapy; and to amend the existing laws regarding adult entertainment. SB 1314 was referred to the Senate Commerce, Small Business and Entrepreneurship Committee on March 26, 2007. SB 1314 was removed from the Senate Commerce, Small Business and Entrepreneurship Committee and referred to the Senate Committee on Health Care on April 26, 2007. The Senate Committee on Health Care offered a substitute bill and favorably reported on SB 1314 on July 11, 2007. SB 1314 was referred to the Senate Finance Committee on July 11, 2007. The Senate Finance Committee offered a substitute bill and favorably reported on SB 1314 on July 26, 2007. SB 1314 passed second and third readings on July 27, 2007. SB 1314 was transmitted to the House, passed first reading and referred to the House Committee on Finance on July 27, 2007. The House Committee on Finance reported on SB 1314 favorably, with amendments, on July 2, 2008. The House adopted amendments on July 7, 2008. SB 1314 passed second and reading on July 7, 2008. SB 1314 passed third reading on July 8, 2008. The Senate recommended concurrence on July 9, 2008. SB 1314 passed second reading concurrence on July 10, 2008. SB 1314 passed third reading concurrence on July 14, 2008. SB 1314 was ratified and presented to the Governor for approval on July 15, 2008. Governor Easley signed SB 1314 on August 17, 2008. To view the bill, please visit THIS LINK. Last action taken: SB 1314 was signed by Governor Easley on August 18, 2008.
Rhode Island
House Bill 7816 was introduced on February 26, 2008 by Representatives Handy, Ajello, Jacquard and Almeida. The Bill removes the requirement for a criminal background check for massage therapy licensure and removes the disqualification for sexual offense conviction. HB 7816 was referred to the House Health, Education & Welfare Committee on February 26, 2008. The House Health, Education & Welfare Committee recommended that HB 7816 be held for further study on March 5, 2008.
To view the bill, please visit THIS LINK. Last action taken: HB 7816 was held by the House Health, Education & Welfare Committee for further study on March 5, 2008.
Ohio
House Bill 575 was introduced on May 22, 2008 by Representatives Schindel, Setzer, Fessler, Evans, Gibbs, Batchelder, Flowers and McGregor. HB 575 would exempt the sales tax for massage therapy services if those services are provided by a person that holds a certificate to practice massage therapy issued by the state. To view the bill, please visit THIS LINK . HB 575 was referred to the House Ways and Means Committee on May 22, 2008. . Last action taken: HB 575 was referred to the House Ways and Means Committee on May 22, 2008.
Senate Bill 252 was introduced on November 8, 2007 by Senator Coughlin to amend local and municipal rules and requirements. Among other topics, SB 252 requires unincorporated township trustee boards that regulate massage establishments within their township to deny/revoke permits for any of the following reasons; (i) Falsification of any of the information required for the application or failure to fully complete the application; (ii) Failure to cooperate with any required health or safety inspection; (iii) Any one of the persons named on the application is under the age of eighteen; (iv) Any one of the persons named on the application has been convicted of or pleaded guilty to any violation of Chapter 2907. of the Revised Code, or any violation of any municipal ordinance or township resolution that is substantially equivalent to any offense contained in Chapter 2907. of the Revised Code, within five years preceding the application; (v) Any massager employed at the licensed massage establishment has been convicted of or pleaded guilty to a violation of division (D) of section 503.42 of the Revised Code. Last action taken: Referred to Judiciary-Civil Justice Committee on November 13, 2007.
Pennsylvania
House Bill 2499 was introduced on May 13, 2008 by Representative McCall and referred to the House Professional Licensure Committee. HB 2499 will establish licensure and licensure requirements for massage therapy. The House Professional Licensure Committee reported on HB 2499 favorably, with amendments, on June 11, 2008. The House Rules Committee then referred HB 2499 to the House Appropriations Committee on June 16, 2008. The House Appropriations Committee reported on HB 2499 favorably, with amendments, on June 17, 2008. HB 2499 passed second consideration on June 23, 2008. HB 2499 passed third consideration and passed the House of Representatives 193-5 on June 24, 2008. HB 2499 was referred to the Senate Consumer Protection and Professional Licensure Committee on June 29, 2008. The Senate Consumer Protection and Professional Licensure Committee amended HB 2499 and reported favorably on September 17, 2008. HB 2499 was referred to the Senate Appropriations Committee on September 22, 2008. The Senate Appropriations Committee amended HB 2499 and reported favorably on October 7, 2008. HB 2499 passed second and third consideration in the Senate on October 7, 2008. The Senate approved HB 2499 for final passage on October 8, 2008. The House concurred with Senate amendments on October 8, 2008. HB 2499 was presented to the Governor for approval on October 9, 2008. Governor Rendell approved HB 2499 on October 9, 2008. To view the bill, please visit THIS LINK. Last action taken: Governor Rendell approved HB 2499 on October 9, 2008.
Tennessee
Senate Bill 2496 was introduced on January 8, 2008 by Senator Harper. SB 2496 is a sunset action reauthorizing the Massage Licensure Board until June 30, 2011. SB 2496 passed second consideration on January 10, 2008 and referred to the Senate Government Operations Committee. The Senate Government Operations Committee recommended passage on March 26, 2008. SB 2496 was placed on the Senate Consent Calendar for March 31, 2008. SB 2496 passed Senate on March 31, 2008. SB 2496 was received in the House on April 3, 2008. SB 2496 was substituted for the companion bill, (House Bill 2703) on April 21, 2008. SB 2496 passed the House on April 21, 2008. SB 2496 was signed by the Senate Speaker on April 23, 2008. SB 2496 was signed by House Speaker and transmitted to the Governor on April 24, 2008. The Governor signed SB 2496 on April 29, 2008. Last action taken: SB 2496 was signed by the Governor on April 29, 2008.
House Bill 3672 was introduced on January 30, 2008 by Representative Shepard. HB 3672 changes the requirement for Board members to have at least five (5) years experience as a massage therapist, changes the term of appointment to five (5) years and authorizes the Board to establish application fees for continuing education courses submitted for approval. HB 3672 was referred to the House Health and Human Resources Committee and the House Government Operations Committee on January 31, 2008. The House Health and Human Resources Committee referred HB 3672 to the Public Health and Family Assistance Subcommittee on February 6, 2008. The Public Health and Family Assistance Subcommittee recommended HB 3672 be passed on February 13, 2008. The House Health and Human Resources Committee recommended HB 3672 be passed and referred to the House Government Operations Committee on February 19, 2008. The House Government Operations Committee has placed HB 3672 on the calendar to be considered on March 5, 2008. The House Government Operations Committee recommended HB 3672 pass and referred to the House Finance, Ways & Means Committee on March 5, 2008. The House Finance, Ways & Means Committee placed HB 3672 on the Budget Subcommittees calendar for March 12, 2008. The Budget Subcommittee recommended passage of HB 3672 and placed it on the House Finance, Ways & Means Committee calendar for March 18, 2008. The House Finance, Ways & Means Committee recommended passage or HB 3672 and referred it to the House Calendar and Rules Committee on March 18, 2008. The House Calendar and Rules Committee scheduled floor vote on HB 3672 on March 24, 2008. HB 3672 passed the House on March 24, 2008. HB 3672 was transmitted to the Senate and passed first consideration on March 26, 2008. HB 3672 passed the Senate on April 10, 2008. HB 3672 was singed by the Senate Speaker and House Speaker on April 14, 2008. HB 3672 was transmitted to the Governor for approval on April 15, 2008. HB 3672 was signed by the Governor on April 23, 2008. Last action taken: HB 3672 was signed by the Governor on April 23, 2008.
If you are interested in getting involved with your AMTA State Chapter or would like more information on legislative and regulatory activities in your area, please contact Joseph Roth, Government Relations Program Manager at the AMTA National Office, toll free (877) 905-2700 or e-mail jroth@amtamassage.org.