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Introduced Version House Bill 4035 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4035


(By Delegates Fleischauer, Staton, Fragale, Dalton, Varner, Hutchins and Yeager)


[Introduced January 20, 1998; referred to the

Committee on Government Organization then Finance.]



A BILL to amend and reenact sections three, five, six, seven and eleven, article thirty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to licensing massage therapists; composition of board; duties of board to propose rules; requirements for licensure; and exemptions.

Be it enacted by the Legislature of West Virginia:
That sections three, five, six, seven and eleven, article thirty-seven, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§30-37-3. Board established; membership; terms.
There is hereby created the West Virginia massage therapy licensure board. The board shall consist of five members who shall be appointed by the governor with the advice and consent of the Senate. Three members of the board shall be massage therapists, chosen from a list of not less than five names submitted by the West Virginia chapter of the American massage therapy association. O one member of the board shall be an osteopathic physician or chiropractor who is knowledgeable of modalities which are included in massage therapy, and one member of the board shall be a lay person who is not a massage therapist or other health care professional.
The terms of board members shall be staggered initially from the first day of July, one thousand nine hundred ninety- seven. The governor shall appoint initially three members for a term of one year and two members for a term of two years. Subsequent appointments shall be for a term of two years. Each member shall serve until that member's successor is appointed and qualified, unless the board member is no longer competently performing the duties of office. Any vacancy on the board shall be filled by the governor for the balance of the unexpired term. The governor may remove members of the board from office for cause.
§30-37-5. Massage therapy board fund; fees; expenses; disposition of funds.

(a) There is hereby established a massage therapy licensure board fund in the state treasurer's office.
(b) The board may set by legislative rule reasonable fees for the issuance or renewal of licenses and its other services. All funds to cover the compensation and expenses of the board members shall be generated by the fees set under this subsection.
(c) The disposition of all funds received by the board shall be governed by the provisions of section ten, article one, chapter thirty of this code.
§30-37-6. Duties of board; authorization to propose rules and fees.

(a) The board shall be responsible for licensure and continuing education requirements, standards of practice and professional ethics, disciplinary actions, and other issues of concern.
(b) (a) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code as are necessary to implement the provisions of this article, which shall include provisions regarding:
(1) Licensure and continuing education requirements, standards of practice and professional ethics, disciplinary actions, and other issues of concern;
(c) (2) The board shall adopt reasonable rules regarding Personal cleanliness of massage therapists and the sanitary conditions of towels, linens, creams, lotions and other materials, facilities, and equipment used in the practice of massage therapy, and;
(d) (3) All fees for licensure, renewal of licensure, and all other related matters shall be set by the board.
§30-37-7. Requirements for licensure.
(a) The board shall propose rules for legislative approval establishing a procedure for licensing of massage therapists. License requirements shall include the following:
(1) Completion of a curriculum program of massage education at a school approved by the commission on massage training accreditational approval or the West Virginia state college system board or by a state agency in another state, the District of Columbia or a United States territory which approves educational programs and which meets qualifications for the National Certification Exam administered through the National Certification Board for Therapeutic Massage and Bodywork. This school shall require a diploma from an accredited high school, or the equivalent, and require completion of at least five hundred hours of supervised academic instruction. This requirement The requirements of this subdivision may be waived for those practitioners who were practicing massage therapy prior to the first day of December, one thousand nine hundred ninety-four; or,
(2) Successful completion of the national certification for therapeutic massage and body work (NCTMB) examination; except that any person who is currently practicing massage therapy and who completed the American massage therapy association educational and testing requirements prior to the first day of December, one thousand nine hundred ninety-four, as of June 30, 1998, and has completed at least 250 hours of training in a massage therapy educational program and is currently working toward completion of a program accepted by the national Certification Board for Therapeutic Massage and Bodywork to be eligible to take the National Certification Exam, may be granted a two year provisional license without having successfully completed the national certification for therapeutic massage and body work examination. Any such provisional license granted under this exception shall expire in two years if the national certification for therapeutic massage and body work examination is not successfully completed within that time; and
(3) Payment of a reasonable fee annually every two years required by the board which shall compensate and be retained by the board for the costs of administration.
(b) In addition to provisions for licensure, the rules shall include the following:
(1) Requirements for completion of continuing education hours conforming to NCTMB guidelines; and
(2) Requirements for issuance of a reciprocal license to licensees of states with requirements including which may include the successful completion of the NCTMB examination.
(c) A massage therapist who is licensed by the board shall be issued a certificate and a license number. The current, valid license certificate must be publicly displayed and available for inspection by the board and the public at a massage therapist's work site.
§30-37-11. Exemptions.
Nothing in this article may be construed to prohibit or otherwise limit:
(1) The practice of a profession by persons who are licensed, certified or registered under the laws of this state and who are performing services within their authorized scope of practice. Persons exempted under this subdivision include, but are not limited to, those licensed, certified or registered to practice within the scope of any branch of medicine, nursing, osteopathy, chiropractic and podiatry, as well as licensed, certified or registered barbers, cosmetologists, athletic trainers, physical and occupational therapists; and any student of a West Virginia state college system certified or authorized massage therapy school enrolled in a program of massage education at a school approved by the West Virginia state college system board or by a state agency in another state, the District of Columbia or a United States territory which approves educational programs and which meets qualifications for the National Certification Exam administered through the National Certification Board for Therapeutic Massage and Bodywork, provided that the student does not hold himself or herself out as a licensed massage therapist; and
(2) The activities of any resort spa that has been operating on a continuing basis since the first day of January, one thousand nine hundred seventy-five, or any employees thereof. The exemption set forth in this subsection does not extend to any person, corporation or association providing escort services, nude dancing, or other sexually oriented services not falling within the scope of massage therapy as defined in this article, irrespective of how long the person, corporation or association has been in operation.
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