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HOUSE BILL No. 2400

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HOUSE BILL No. 2400 Session of 2021 HOUSE BILL No. 2400 By Committee on Federal and State Affairs 2-17 1 AN ACT enacting the massage therapist licensure act; concerning 2 regulation and licensing of massage therapists; powers, duties and 3 functions of the state board of healing arts. 4 5 Be it enacted by the Legislature of the State of Kansas: 6 Section 1. Sections 1 through 17, and amendments thereto, shall be 7 known and may be cited as the massage therapist licensure act. 8 Sec. 2. As used in the massage therapist licensure act: 9 (a) "Act" means the massage therapist licensure act. 10 (b) "Board" means the state board of healing arts. 11 (c) "Compensation" means the payment, loan, advance, donation, 12 contribution, barter, deposit or gift of money or anything of value. 13 (d) "Licensed massage therapist" means an individual who meets the 14 requirements of the massage therapist licensure act and who engages in the 15 practice of massage therapy. 16 (e) "Massage school" means a massage therapy educational program 17 that meets the standards for training and curriculum as set forth by the 18 state board of regents under the Kansas private and out-of-state 19 postsecondary educational institution act or comparable legal authority in 20 another state. 21 (f) "Massage therapy" and "massage" means a healthcare service 22 involving the external manipulation or pressure of soft tissue for 23 therapeutic purposes. It is the application of a system of structured touch, 24 pressure, movement and holding of the soft tissue of the human body in 25 which the primary intent is to relieve pain, improve circulation, relieve 26 stress, increase relaxation and enhance or restore the health and well-being 27 of the client. The practice of "massage therapy" includes complementary 28 methods, including the external application of water, heat, cold, 29 lubrication, salt scrubs, body wraps or other topical preparations and 30 electromechanical devices that mimic or enhance the actions of humans. 31 (1) "Massage" or "massage therapy" does not include: 32 (A) Medical or nursing diagnosis of injury, illness or disease; 33 (B) therapeutic exercise; 34 (C) chiropractic diagnosis of injury, illness or disease and treatment 35 including chiropractic joint adjustment; 36 (D) physical therapy joint mobilization or manipulation; HB 2400 2 1 (E) electrical stimulation or application of ultrasound; or 2 (F) dispensing or issuing prescriptions or pharmaceutical agents. 3 (2) "Massage" or "massage therapy" includes, but is not limited to: 4 (A) Development, implementation and modification of a massage 5 therapy treatment plan that addresses the client's soft tissue manifestations, 6 needs and concerns including identifying indications, contraindications 7 and precautions of massage therapy within the scope of the massage 8 therapist licensure act; 9 (B) obtaining informed consent regarding the risks and benefits of the 10 massage therapy treatment plan and application and modification of the 11 massage therapy treatment plan as needed; 12 (C) using effective interpersonal communication in the professional 13 relationship; 14 (D) utilizing an ethical decision-making process that conforms to the 15 ethical standards of the profession, as set forth in the massage therapist 16 licensure act and in rules and regulations adopted by the board; 17 (E) establishing and maintaining a practice environment that provides 18 for the client's health, safety and comfort; and 19 (F) establishing and maintaining client records, professional records 20 and business records in compliance with standards of professional conduct 21 as required by rules and regulations adopted by the board. 22 (g) "Licensed massage therapist" means an individual who meets the 23 requirements of the massage therapist licensure act and who engages in the 24 practice of massage therapy. 25 (h) "Professional massage therapy association" or "bodywork therapy 26 association" means a state or nationally chartered professional membership 27 organization that has been recognized by the board as offering services to 28 massage therapists and that requires that its members adhere to the 29 organization's established code of ethics and standards of practice. 30 Sec. 3. Upon application to the board and the payment of the required 31 fees, an applicant for a license as a massage therapist may be licensed as a 32 massage therapist if the applicant meets all the requirements of the 33 massage therapist licensure act and provides documentation acceptable to 34 the board that the applicant: 35 (1) Has obtained a high school diploma or its equivalent; 36 (2) is 18 years of age or older; 37 (3) has no other record of disqualifying conduct as defined by the 38 board; 39 (4) is a citizen or legal permanent resident of the United States; 40 (5) has successfully completed a course of instruction approved by 41 the board consisting of at least 625 in-classroom hours of supervised 42 instruction, including massage therapy technique and theory, 43 contraindications, ethics, sanitation, hygiene, business training, anatomy, HB 2400 3 1 physiology and pathology; and 2 (6) has successfully passed, including prior to the effective date of the 3 massage therapist licensure act, a nationally recognized competency 4 examination in massage therapy that meets acceptable psychometric 5 principles, is statistically validated through a job-task analysis under 6 current standards for educational and professional testing and has been 7 approved by the board. 8 Sec. 4. Prior to July 1, 2022, the board shall commence a 9 grandfathering period for currently practicing massage therapists in the 10 state of Kansas. The board shall issue a license as a massage therapist to 11 any individual who meets the requirements of section 3(a)(1), (2), (3) and 12 (4), amendments thereto, and one of the following requirements verified to 13 the board by affidavit that the individual has: 14 (a) Completed a minimum of 625 hours of instruction relating to 15 massage therapy at a massage school or comparable entity in another state; 16 (b) completed at least 300 hours of training in massage therapy 17 during the three years immediately preceding such individual's license 18 application; 19 (c) practiced massage therapy for at least three years; 20 (d) been an active member in good standing of a professional 21 massage or bodywork therapy association as a massage or bodywork 22 therapist for a period of at least 12 months; or 23 (e) passed an examination meeting the requirements of section 3(a) 24 (5), and amendments thereto, or a nationally recognized certification 25 examination. 26 Sec. 5. (a) The board may issue a license to practice massage therapy 27 as a licensed massage therapist to an applicant who has been duly licensed 28 as a massage therapist by examination under the laws of another state, 29 territory, the District of Columbia or a foreign country if, in the opinion of 30 the board, the applicant meets the qualifications required for licensure as a 31 massage therapist in this state. Verification of the applicant's licensure 32 status shall be required from the original state of licensure. 33 (b) The board may issue a temporary permit to practice massage 34 therapy as a licensed massage therapist for a period not to exceed 120 35 days. A temporary permit may be issued to an applicant for licensure as a 36 licensed massage therapist who is a graduate of a massage school in a 37 foreign country after verification of licensure in that foreign country and 38 approval of educational credentials. 39 Sec. 6. (a) Nothing in the massage therapist licensure act shall: (1) Be 40 construed to restrict any individual licensed or regulated by the state of 41 Kansas from engaging in the profession or practice for which they are 42 licensed or regulated, including, but not limited to, acupuncture, athletic 43 training, barbering, chiropractic, cosmetology, dentistry, electrology, HB 2400 4 1 esthetics, manicuring, medicine, naturopathic medicine, nursing, 2 occupational therapy, osteopathy, physical therapy, podiatry, professional 3 counseling, psychology, social work or veterinary medicine or any other 4 profession licensed or regulated by the state of Kansas; 5 (2) prohibit: 6 (A) The practice of massage therapy by an individual employed by 7 the government of the United States while the individual is engaged in the 8 performance of duties prescribed by the laws and regulations of the United 9 States; 10 (B) the practice of massage therapy by individuals duly licensed, 11 registered or certified in another state, territory, the District of Columbia or 12 a foreign country when incidentally called into this state to teach a course 13 related to massage therapy or to consult with an individual licensed under 14 the massage therapist licensure act; 15 (C) students currently enrolled in a massage school while completing 16 a clinical requirement or supervised massage therapy fieldwork experience 17 for graduation performed under the supervision of an individual licensed 18 under the massage therapist licensure act, so long as the student does not 19 hold oneself out as a licensed massage therapist and does not receive 20 compensation for services performed; 21 (D) any individual from performing massage therapy services in the 22 state, if those services are performed without compensation and are 23 performed in cooperation with a charitable organization or as part of an 24 emergency response team working in conjunction with disaster relief 25 officials; 26 (E) the practice,
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