Introduced Version
HOUSE BILL No. 1390
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-13-3-37; IC 25-1; IC 25-21.8.
Synopsis: Massage therapy regulation. Establishes the state board of
massage therapy to license massage therapists. Specifies licensure
requirements. Establishes guidelines for the licensing by endorsement
of a massage therapist who holds a license in another state or country.
Establishes penalties for the unauthorized practice of massage therapy.
Effective: June 1, 2005; July 1, 2005.
Frizzell
January 13, 2005, read first time and referred to Committee on Public Health.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
HOUSE BILL No. 1390
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-3-37; (05)IN1390.1.1. -->
SECTION 1. IC 10-13-3-37 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 37. (a) Under Public
Law 92-544 (86 Stat. 1115), a local law enforcement agency may use
fingerprints submitted for the purpose of identification in a request
related to the following:
(1) A taxicab driver's license application.
(2) An application for a license for a massage therapist.
(3) (2) Reinstatement or renewal of a
taxicab driver's license.
described in subdivisions (1) and (2).
(b) An applicant shall submit the fingerprints on forms provided for
the license application.
(c) The local law enforcement agency shall charge each applicant
the fees set by the department and federal authorities to defray the costs
associated with a search for and classification of the applicant's
fingerprints.
(d) The local law enforcement agency may:
(1) forward for processing to the Federal Bureau of Investigation
or any other agency fingerprints submitted by a license applicant;
and
(2) receive the results of all fingerprint investigations.
SOURCE: IC 25-1-2-2.1; (05)IN1390.1.2. -->
SECTION 2. IC 25-1-2-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2.1. Rather than being
issued annually, the following permits, licenses, certificates of
registration, or evidences of authority granted by a state agency must
be issued for a period of two (2) years or for the period specified in the
article under which the permit, license, certificate of registration, or
evidence of authority is issued if the period specified in the article is
longer than two (2) years:
(1) Certified public accountants, public accountants, and
accounting practitioners.
(2) Architects and landscape architects.
(3) Dry cleaners.
(4) Professional engineers.
(5) Land surveyors.
(6) Real estate brokers.
(7) Real estate agents.
(8) Security dealers' licenses issued by the securities
commissioner.
(9) Dental hygienists.
(10) Dentists.
(11) Veterinarians.
(12) Physicians.
(13) Chiropractors.
(14) Physical therapists.
(15) Optometrists.
(16) Pharmacists and assistants, drugstores or pharmacies.
(17) Motels and mobile home park licenses.
(18) Nurses.
(19) Podiatrists.
(20) Occupational therapists and occupational therapy assistants.
(21) Respiratory care practitioners.
(22) Social workers, marriage and family therapists, and mental
health counselors.
(23) Real estate appraiser licenses and certificates issued by the
real estate appraiser licensure and certification board.
(24) Wholesale legend drug distributors.
(25) Physician assistants.
(26) Dietitians.
(27) Hypnotists.
(28) Athlete agents.
(29) Manufactured home installers.
(30) Home inspectors.
(31) Massage therapists.
SOURCE: IC 25-1-2-6; (05)IN1390.1.3. -->
SECTION 3. IC 25-1-2-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. (a) As used in this section,
"license" includes all occupational and professional licenses,
registrations, permits, and certificates issued under the Indiana Code,
and "licensee" includes all occupational and professional licensees,
registrants, permittees, and certificate holders regulated under the
Indiana Code.
(b) This section applies to the following entities that regulate
occupations or professions under the Indiana Code:
(1) Indiana board of accountancy.
(2) Indiana grain buyers and warehouse licensing agency.
(3) Indiana auctioneer commission.
(4) Board of registration for architects and landscape architects.
(5) State board of barber examiners.
(6) State board of cosmetology examiners.
(7) Medical licensing board of Indiana.
(8) Secretary of state.
(9) State board of dentistry.
(10) State board of funeral and cemetery service.
(11) Worker's compensation board of Indiana.
(12) Indiana state board of health facility administrators.
(13) Committee of hearing aid dealer examiners.
(14) Indiana state board of nursing.
(15) Indiana optometry board.
(16) Indiana board of pharmacy.
(17) Indiana plumbing commission.
(18) Board of podiatric medicine.
(19) Private detectives licensing board.
(20) State board of registration for professional engineers.
(21) Board of environmental health specialists.
(22) State psychology board.
(23) Indiana real estate commission.
(24) Speech-language pathology and audiology board.
(25) Department of natural resources.
(26) State boxing commission.
(27) Board of chiropractic examiners.
(28) Mining board.
(29) Indiana board of veterinary medical examiners.
(30) State department of health.
(31) Indiana physical therapy committee.
(32) Respiratory care committee.
(33) Occupational therapy committee.
(34) Social worker, marriage and family therapist, and mental
health counselor board.
(35) Real estate appraiser licensure and certification board.
(36) State board of registration for land surveyors.
(37) Physician assistant committee.
(38) Indiana dietitians certification board.
(39) Indiana hypnotist committee.
(40) Attorney general (only for the regulation of athlete agents).
(41) Manufactured home installer licensing board.
(42) Home inspectors licensing board.
(43) State board of massage therapy.
(43) (44) Any other occupational or professional agency created
after June 30, 1981.
(c) Notwithstanding any other law, the entities included in
subsection (b) shall send a notice of the upcoming expiration of a
license to each licensee at least sixty (60) days prior to the expiration
of the license. The notice must inform the licensee of the need to renew
and the requirement of payment of the renewal fee. If this notice of
expiration is not sent by the entity, the licensee is not subject to a
sanction for failure to renew if, once notice is received from the entity,
the license is renewed within forty-five (45) days of the receipt of the
notice.
SOURCE: IC 25-1-5-3; (05)IN1390.1.4. -->
SECTION 4. IC 25-1-5-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 3. (a) There is established the
health professions bureau. The bureau shall perform all administrative
functions, duties, and responsibilities assigned by law or rule to the
executive director, secretary, or other statutory administrator of the
following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32).
(10) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) State psychology board (IC 25-33).
(12) Indiana board of veterinary medical examiners (IC 15-5-1.1).
(13) Controlled substances advisory committee (IC 35-48-2-1).
(14) Committee of hearing aid dealer examiners (IC 25-20).
(15) Indiana physical therapy committee (IC 25-27).
(16) Respiratory care committee (IC 25-34.5).
(17) Occupational therapy committee (IC 25-23.5).
(18) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(19) Physician assistant committee (IC 25-27.5).
(20) Indiana athletic trainers board (IC 25-5.1-2-1).
(21) Indiana dietitians certification board (IC 25-14.5-2-1).
(22) Indiana hypnotist committee (IC 25-20.5-1-7).
(23) State board of massage therapy (IC 25-21.8-3-1).
(b) Nothing in this chapter may be construed to give the bureau
policy making authority, which authority remains with each board.
SOURCE: IC 25-1-7-1; (05)IN1390.1.5. -->
SECTION 5. IC 25-1-7-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this chapter:
"Board" means the appropriate agency listed in the definition of
regulated occupation in this section.
"Director" refers to the director of the division of consumer
protection.
"Division" refers to the division of consumer protection, office of
the attorney general.
"Licensee" means a person who is:
(1) licensed, certified, or registered by a board listed in this
section; and
(2) the subject of a complaint filed with the division.
"Person" means an individual, a partnership, a limited liability
company, or a corporation.
"Regulated occupation" means an occupation in which a person is
licensed, certified, or registered by one (1) of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) State board of funeral and cemetery service (IC 25-15-9).
(10) State board of registration for professional engineers
(IC 25-31-1-3).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(12) Medical licensing board of Indiana (IC 25-22.5-2).
(13) Indiana state board of nursing (IC 25-23-1).
(14) Indiana optometry board (IC 25-24).
(15) Indiana board of pharmacy (IC 25-26).
(16) Indiana plumbing commission (IC 25-28.5-1-3).
(17) Board of podiatric medicine (IC 25-29-2-1).
(18) Board of environmental health specialists (IC 25-32-1).
(19) State psychology board (IC 25-33).
(20) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) Indiana real estate commission (IC 25-34.1-2).
(22) Indiana board of veterinary medical examiners (IC 15-5-1.1).
(23) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(24) Respiratory care committee (IC 25-34.5).
(25) Private detectives licensing board (IC 25-30-1-5.1).
(26) Occupational therapy committee (IC 25-23.5).
(27) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(28) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(29) State board of registration for land surveyors
(IC 25-21.5-2-1).
(30) Physician assistant committee (IC 25-27.5).
(31) Indiana athletic trainers board (IC 25-5.1-2-1).
(32) Indiana dietitians certification board (IC 25-14.5-2-1).
(33) Indiana hypnotist committee (IC 25-20.5-1-7).
(34) Indiana physical therapy committee (IC 25-27).
(35) Manufactured home installer licensing board (IC 25-23.7).
(36) Home inspectors licensing board (IC 25-20.2-3-1).
(37) State board of massage therapy (IC 25-21.8-3-1).
(37) (38) Any other occupational or professional agency created
after June 30, 1981.
SOURCE: IC 25-1-8-1; (05)IN1390.1.6. -->
SECTION 6. IC 25-1-8-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this chapter, "board"
means any of the following:
(1) Indiana board of accountancy (IC 25-2.1-2-1).
(2) Board of registration for architects and landscape architects
(IC 25-4-1-2).
(3) Indiana auctioneer commission (IC 25-6.1-2-1).
(4) State board of barber examiners (IC 25-7-5-1).
(5) State boxing commission (IC 25-9-1).
(6) Board of chiropractic examiners (IC 25-10-1).
(7) State board of cosmetology examiners (IC 25-8-3-1).
(8) State board of dentistry (IC 25-14-1).
(9) State board of funeral and cemetery service (IC 25-15).
(10) State board of registration for professional engineers
(IC 25-31-1-3).
(11) Indiana state board of health facility administrators
(IC 25-19-1).
(12) Medical licensing board of Indiana (IC 25-22.5-2).
(13) Mining board (IC 22-10-1.5-2).
(14) Indiana state board of nursing (IC 25-23-1).
(15) Indiana optometry board (IC 25-24).
(16) Indiana board of pharmacy (IC 25-26).
(17) Indiana plumbing commission (IC 25-28.5-1-3).
(18) Board of environmental health specialists (IC 25-32-1).
(19) State psychology board (IC 25-33).
(20) Speech-language pathology and audiology board
(IC 25-35.6-2).
(21) Indiana real estate commission (IC 25-34.1-2-1).
(22) Indiana board of veterinary medical examiners
(IC 15-5-1.1-3).
(23) Department of insurance (IC 27-1).
(24) State police department (IC 10-11-2-4), for purposes of
certifying polygraph examiners under IC 25-30-2.
(25) Department of natural resources for purposes of licensing
water well drillers under IC 25-39-3.
(26) Private detectives licensing board (IC 25-30-1-5.1).
(27) Occupational therapy committee (IC 25-23.5-2-1).
(28) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6-2-1).
(29) Real estate appraiser licensure and certification board
(IC 25-34.1-8).
(30) State board of registration for land surveyors
(IC 25-21.5-2-1).
(31) Physician assistant committee (IC 25-27.5).
(32) Indiana athletic trainers board (IC 25-5.1-2-1).
(33) Board of podiatric medicine (IC 25-29-2-1).
(34) Indiana dietitians certification board (IC 25-14.5-2-1).
(35) Indiana physical therapy committee (IC 25-27).
(36) Manufactured home installer licensing board (IC 25-23.7).
(37) Home inspectors licensing board (IC 25-20.2-3-1).
(38) State board of massage therapy (IC 25-21.8-3-1).
(38) (39) Any other occupational or professional agency created
after June 30, 1981.
SOURCE: IC 25-1-9-1; (05)IN1390.1.7. -->
SECTION 7. IC 25-1-9-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this chapter, "board"
means any of the following:
(1) Board of chiropractic examiners (IC 25-10-1).
(2) State board of dentistry (IC 25-14-1).
(3) Indiana state board of health facility administrators
(IC 25-19-1).
(4) Medical licensing board of Indiana (IC 25-22.5-2).
(5) Indiana state board of nursing (IC 25-23-1).
(6) Indiana optometry board (IC 25-24).
(7) Indiana board of pharmacy (IC 25-26).
(8) Board of podiatric medicine (IC 25-29-2-1).
(9) Board of environmental health specialists (IC 25-32).
(10) Speech-language pathology and audiology board
(IC 25-35.6-2).
(11) State psychology board (IC 25-33).
(12) Indiana board of veterinary medical examiners (IC 15-5-1.1).
(13) Indiana physical therapy committee (IC 25-27-1).
(14) Respiratory care committee (IC 25-34.5).
(15) Occupational therapy committee (IC 25-23.5).
(16) Social worker, marriage and family therapist, and mental
health counselor board (IC 25-23.6).
(17) Physician assistant committee (IC 25-27.5).
(18) Indiana athletic trainers board (IC 25-5.1-2-1).
(19) Indiana dietitians certification board (IC 25-14.5-2-1).
(20) Indiana hypnotist committee (IC 25-20.5-1-7).
(21) State board of massage therapy (IC 25-21.8-3-1).
SOURCE: IC 25-21.8; (05)IN1390.1.8. -->
SECTION 8. IC 25-21.8 IS ADDED TO THE INDIANA CODE AS
A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2005]:
ARTICLE 21.8. MASSAGE THERAPISTS
Chapter 1. Application of Article
Sec. 1. (a) This article applies to an individual who practices or
offers to practice massage therapy.
(b) This article does not apply to the following:
(1) An individual who:
(A) does not profess to be a massage therapist or use a title,
an abbreviation, or another designation set forth in
IC 25-21.8-5-4(3); and
(B) engages in the practice for which the person holds a
license, certification, or registration under Indiana law,
including a physician, a chiropractor, a podiatrist, or a
physical therapist.
(2) An individual who:
(A) does not profess to be a massage therapist or use a title,
an abbreviation, or another designation set forth in
IC 25-21.8-5-4(3); and
(B) is a qualified member of a professional group and
performs massage in a manner consistent with the
individual's training and code of ethics of the profession,
including a chiropractor, an occupational therapist, a
cosmetologist, or a nurse.
(3) A massage therapy student who performs massage or
massage therapy in the course of the student's studies and
who:
(A) does not profess to be a massage therapist or use a title,
an abbreviation, or another designation set forth in
IC 25-21.8-5-4(3); and
(B) does not receive or request compensation for the
massage or massage therapy.
(4) An individual who:
(A) does not profess to be a massage therapist or use a title,
an abbreviation, or another designation set forth in
IC 25-21.8-5-4(3) and whose services are not designated or
implied to be massage or massage therapy;
(B) is engaged within the scope of practice of a profession
with established standards and ethics; and
(C) uses:
(i) touch, words, and direct movements to deepen
awareness of existing patterns of movement in the body
and to suggest new possibilities of movement; or
(ii) touch that is essential for effectual palpation of the
human energy system.
(5) An individual who:
(A) does not profess to be a massage therapist or use a title,
an abbreviation, or another designation set forth in
IC 25-21.8-5-4(3); and
(B) treats soft tissue above the neck, below the elbow, or
below the knee on a client who is not disrobed.
Chapter 2. Definitions
Sec. 1. Definitions in this chapter apply throughout this article.
Sec. 2. "Board" means the state board of massage therapy
established by IC 25-21.8-3-1.
Sec. 3. "Bureau" means the health professions bureau
established by IC 25-1-5-3.
Sec. 4. "Massage" or "massage therapy":
(1) means the therapeutic application of massage techniques
on the human body;
(2) includes:
(A) the use of touch, pressure, movement, positioning, and
holding, with or without the use of massage devices that
mimic or enhance manual measures; and
(B) the external application of heat, cold, water, lubricants,
and abrasives; and
(3) does not include joint manipulation or spinal adjustment.
Sec. 5. "Massage therapist" means an individual who practices
massage or massage therapy.
Sec. 6. "NCCA" refers to the National Commission for
Certifying Agencies.
Sec. 7. "Practice of massage" or "practice of massage therapy"
means:
(1) the performance of massage or massage therapy;
(2) professing to be a massage therapist; or
(3) implying in any manner to the public that an individual
performs massage or massage therapy.
Sec. 8. "Professional massage and bodywork therapy
association" means a state or nationally chartered organization
that is devoted to the massage specialty and therapeutic approach
and that meets the following requirements:
(1) The organization requires that its members meet
minimum educational requirements. The educational
requirements must include anatomy, physiology, hygiene,
sanitation, ethics, technical theory, and application of
techniques.
(2) The organization has an established code of ethics and has
procedures for the suspension and revocation of membership
of persons violating the code of ethics.
Chapter 3. State Board of Massage Therapy
Sec. 1. The state board of massage therapy is established.
Sec. 2. The board consists of five (5) members appointed by the
governor as follows:
(1) Three (3) massage therapists, each of whom:
(A) is licensed under this article; and
(B) has been actively practicing massage therapy for at
least three (3) of the five (5) years immediately preceding
the individual's appointment.
The board members appointed under this subdivision may
continue to practice massage or massage therapy while
serving on the board.
(2) Two (2) members of the general public. A board member
appointed under this subdivision must not:
(A) be licensed under this article;
(B) be the spouse of an individual who is licensed or
intends to be licensed under this article; or
(C) have a direct or an indirect financial interest in the
profession regulated under this article.
Only one (1) of the two (2) members appointed under this
subdivision may hold a license in another health care
profession under this title.
Sec. 3. Each member of the board shall serve a term of three (3)
years and until the member's successor is appointed and qualified.
Sec. 4. (a) A vacancy in the membership of the board shall be
filled by an individual appointed by the governor for the unexpired
term.
(b) A member may not serve more than two (2) consecutive
terms in addition to any unexpired term to which the individual
was appointed.
(c) A member of the board may be removed for cause by the
governor.
Sec. 5. (a) Each year the board shall elect from its members the
following officers:
(1) A chairperson.
(2) A vice chairperson.
(3) A secretary.
(b) A member serving as chairperson, vice chairperson, or
secretary shall serve until the member's successor as chairperson,
vice chairperson, or secretary is elected.
Sec. 6. The board shall meet at least two (2) times each calendar
year upon the call of the chairperson or the written request of a
majority of the members of the board.
Sec. 7. (a) Three (3) members of the board constitute a quorum.
(b) An affirmative vote of three (3) members of the board is
necessary for the board to take official action.
Sec. 8. Each member of the board who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Each member of the board is entitled to
reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
Chapter 4. Powers and Duties of the Board
Sec. 1. (a) The board shall do the following:
(1) Administer, coordinate, and enforce this article.
(2) Adopt rules under IC 4-22-2 for the administration and
enforcement of this article.
(3) Judge the qualifications of applicants for licensing under
this article.
(4) Issue, deny, renew, suspend, or revoke licenses under this
article.
(5) Discipline licensees for violations of this article.
(6) Establish reasonable fees for examination, license
applications, renewal of licenses, and other services.
(7) Maintain a record of all proceedings.
(8) Establish a system for grievances to be addressed and
resolved.
(9) Maintain a list of licensed massage therapists.
(b) The board is authorized to do the following:
(1) Rescind or modify a disciplinary action taken under
IC 25-21.8-8.
(2) Conduct investigations to determine whether violations of
this article exist and constitute grounds for disciplinary action
against licensees under this article.
(3) Conduct administrative hearings.
Sec. 2. The bureau shall do the following:
(1) Carry out the administrative functions of the board.
(2) Provide necessary personnel to carry out the duties of this
article.
(3) Receive and account for all fees required under this
article.
(4) Deposit fees collected with the treasurer of state for
deposit in the state general fund.
Sec. 3. Expenses incurred in the administration of this article
must be paid from the state general fund.
Chapter 5. Issuance of License
Sec. 1. An individual may not practice or offer to practice
massage therapy without a license issued by the board.
Sec. 2. An application for a massage therapist license must be:
(1) made to the board on forms provided by the board; and
(2) accompanied by an application fee in the amount set by
the board.
Sec. 3. An individual who applies for a license as a massage
therapist must do the following:
(1) Furnish evidence satisfactory to the board showing that
the individual:
(A) is at least eighteen (18) years of age;
(B) has a high school diploma or the equivalent of a high
school diploma;
(C) has successfully completed a massage school or
program that:
(i) requires at least five hundred (500) hours of
supervised classroom instruction on massage therapy;
(ii) is in good standing with any state, regional, or
national agency of government charged with regulating
massage therapy schools or programs; and
(iii) is accredited by the Indiana commission on
proprietary education established by IC 20-1-19-2 or
accredited by another state where the standards for
massage therapy education are substantially the same as
the standards in Indiana, or is a program at an
institution of higher learning that is approved by the
board; and
(D) has taken and passed one (1) of the following:
(i) The National Certification Examination for
Therapeutic Massage and Bodywork (NCETMB), if the
exam is recognized or accredited by the NCCA.
(ii) An examination created or approved by the board.
(iii) An equivalent massage examination accredited by
the NCCA.
(2) Provide a history of any criminal convictions the
individual has, including any convictions related to the
practice of the profession. A criminal conviction may not
operate as a complete bar to a license, unless:
(A) the conviction is for:
(i) prostitution;
(ii) rape; or
(iii) sexual misconduct; or
(B) the applicant is a registered sex offender.
(3) Verify the information submitted on the application form.
(4) Pay fees established by the board.
Sec. 4. An individual who is not licensed under this article may
not:
(1) profess to be a massage therapist;
(2) practice massage or massage therapy; or
(3) use:
(A) the title "Licensed Massage Therapist", "Massage
Therapist", "Licensed Massage Practitioner", "Massage
Practitioner", "Masseur", "Masseuse", "Myotherapist",
or "Body Worker";
(B) the abbreviation "LMT", "MT", "LMP", or "MP"; or
(C) other words, initials, letters, abbreviations, or insignia
indicating or implying that the individual is a massage
therapist licensed under this article.
Chapter 6. Licensure by Endorsement
Sec. 1. (a) Subject to section 2 of this chapter, the board may
grant a license by endorsement to an individual who:
(1) is licensed, certified, or registered in another state or
country having credentialing standards that are at least as
strict as the credentialing standards specified under this
article;
(2) is in good standing with the standards of the other state or
country;
(3) pays an application fee established by the board; and
(4) provides a history of the individual's criminal convictions,
if any, including any criminal convictions relating to the
practice of the profession. A criminal conviction may not
operate as a complete bar to a license, unless:
(A) the conviction is for:
(i) prostitution;
(ii) rape; or
(iii) sexual misconduct; or
(B) the applicant is a registered sex offender.
(b) Upon receipt of an application for a license by endorsement
under this chapter, the board shall contact each jurisdiction that
previously credentialed the applicant to determine the applicant's
current status in each jurisdiction.
Sec. 2. The board shall issue a license to an applicant if:
(1) the applicant has been credentialed by another state within
the five (5) years immediately preceding the submission of the
application to the board under this chapter and the state has
credentialing standards for massage therapists that are
substantially equivalent to the credentialing standards that
must be met under this article; or
(2) the applicant:
(A) holds a current certification from the National
Certification Board for Therapeutic Massage and
Bodywork (NCETMB) or another agency that meets
standards set by the NCCA; and
(B) is a current member of a professional massage and
bodywork therapy association;
and the applicant meets other requirements established by the
board.
Chapter 7. License Renewal
Sec. 1. A license issued by the board is valid for four (4) years.
Sec. 2. (a) An individual who applies to renew a license as a
massage therapist must:
(1) file a renewal application with the board;
(2) pay a renewal fee established by the board; and
(3) provide a history of any of the individual's criminal
convictions, including any criminal convictions relating to the
practice of the profession. A criminal conviction may not
operate as a complete bar to the renewal of a license, unless:
(A) the conviction is for:
(i) prostitution;
(ii) rape; or
(iii) sexual misconduct; or
(B) the applicant is a registered sex offender.
(b) An application for license renewal must include proof of
current membership in a professional massage and bodywork
therapy association.
Sec. 3. (a) A renewal application must be submitted to the board
at least fifteen (15) days before expiration of the license.
(b) If a renewal application is not submitted within the time set
forth in subsection (a), the board may charge the applicant a
delinquent fee in an amount established by the board.
Chapter 8. Discipline and Violations
Sec. 1. (a) This section does not apply to the violation of a rule
adopted by the board.
(b) A person who knowingly violates or causes a violation of this
article commits a Class C misdemeanor.
Sec. 2. (a) The board shall follow the disciplinary procedures
established under IC 25-1-7, IC 25-1-9-4, and IC 25-1-9-9.
(b) The board shall adopt rules under IC 4-22-2 regarding the
discipline of a licensee for a violation of this article.
Sec. 3. (a) A person who practices, offers to practice, or attempts
to practice massage therapy, or who holds himself or herself out to
the public as a person able to practice massage therapy or as a
massage therapist without being licensed under this article, in
addition to any other penalty provided by law, shall pay a civil
penalty to the board in an amount that does not exceed five
thousand dollars ($5,000) for each violation as determined by the
board.
(b) A civil penalty imposed under this section shall be paid not
later than sixty (60) days after the effective date of the order
imposing the civil penalty. The order:
(1) constitutes a judgment; and
(2) may be filed and executed in the same manner as any
judgment from any court of record.
Sec. 4. A person who knowingly:
(1) aids and abets another person in using a title, an
abbreviation, or another designation set forth in
IC 25-21.8-5-4(3) when the other person is not authorized
under this article to use the title, abbreviation, or other
designation; or
(2) employs another person who uses but is not authorized to
use the regulated professional title under this article in the
course of the other person's employment;
in addition to any other penalty provided by law, shall pay a civil
penalty to the board in an amount that does not exceed five
thousand dollars ($5,000) for each violation as determined by the
board.
Chapter 9. Preemption of Local Ordinances, Resolutions, Rules,
and Policies
Sec. 1. Except as provided in section 2 of this chapter, this
article supersedes any ordinances, resolutions, rules, and policies
relating to the licensing, certification, or registration of massage
therapists that are adopted by a municipality or county and that
otherwise have the force and effect of law.
Sec. 2. This article does not affect local ordinances, resolutions,
rules, and policies adopted by a municipality or county that have
the force and effect of law and that relate to:
(1) zoning requirements; or
(2) occupational license fees.
SOURCE: ; (05)IN1390.1.9. -->
SECTION 9. [EFFECTIVE JUNE 1, 2005] (a) As used in this
SECTION, "board" refers to the state board of massage therapy
established by IC 25-21.8-3-1, as added by this act.
(b) The governor shall make initial appointments to the board
not later than July 1, 2005. The initial members of the board shall
serve for the following terms:
(1) The three (3) members appointed under IC 25-21.8-3-2(1),
as added by this act, serve for two (2) years.
(2) The two (2) members appointed under IC 25-21.8-3-2(2),
as added by this act, serve for three (3) years.
(c) An individual who does not meet the requirements of
IC 25-21.8-3-2(1), as added by this act, may be appointed to the
board if the individual:
(1) substantially meets the requirements of licensure under
IC 25-21.8, as added by this act;
(2) currently practices massage or massage therapy in
Indiana; and
(3) has practiced massage or massage therapy in Indiana after
June 1, 2002, for at least three (3) consecutive years.
(d) This SECTION expires July 1, 2009.
SOURCE: ; (05)IN1390.1.10. -->
SECTION 10. [EFFECTIVE JULY 1, 2005]
(a) Notwithstanding
IC 25-21.8-5-3, as added by this act, the state board of massage
therapy established by IC 25-21.8-3-1, as added by this act, may
issue a license before July 1, 2007, to an applicant who practiced
massage or massage therapy in Indiana after June 30, 2000, and
before July 1, 2005, if the applicant meets the condition set forth in
one (1) of the following subdivisions:
(1) Provides the board with two (2) of the following:
(A) Letters of recommendation from three (3) of the
following:
(i) A licensed physician.
(ii) A massage therapy client.
(iii) A member of the clergy.
(iv) An employer that employs the applicant in the
practice of massage or massage therapy.
(B) Internal Revenue Service income tax return forms
from two (2) consecutive years that reflect that the
applicant has been employed in the practice of massage or
massage therapy.
(C) A schedule book of massage or massage therapy clients
from two (2) consecutive years.
(2) Provides proof of current membership in good standing in
a massage or massage therapy professional association that
requires at least five hundred (500) hours of supervised
classroom instruction as a condition of membership.
(3) Provides a copy of a diploma, transcript, certificate, or
another proof of completion of:
(A) a massage school accredited by:
(i) the Indiana commission on proprietary education
established by IC 20-1-19-2; or
(ii) another state where the standards for massage
therapy education are substantially equivalent to the
standards in Indiana; or
(B) a program at an institution of higher learning that is
approved by the board.
(b) An applicant who begins practicing massage or massage
therapy in Indiana after June 30, 2005, must meet the licensing
requirements set forth in IC 25-21.8, as added by this act, to be
licensed in Indiana.
(c) Notwithstanding IC 25-21.8-5-3 and IC 25-21.8-6, both as
added by this act, the state board of massage therapy may issue a
license to an applicant who:
(1) before March 1, 2005, enrolled in a massage therapy
school or program that required at least five hundred (500)
hours of supervised classroom instruction if the school or
program was in good standing with any state, regional, or
national agency of government charged with regulating
massage therapy or programs; and
(2) before January 1, 2006, completes the requirements of the
massage therapy school or program described in subdivision
(1).
(d) This SECTION expires July 1, 2008.
SOURCE: ; (05)IN1390.1.11. -->
SECTION 11. [EFFECTIVE JULY 1, 2005]
(a) Before July 1,
2007, the state board of massage therapy established by
IC 25-21.8-3-1, as added by this act, shall:
(1) adopt a licensing examination;
(2) approve an examination other than the National
Certification Examination for Therapeutic Massage and
Bodywork (NCETMB); or
(3) approve an equivalent massage examination accredited by
the National Commission for Certifying Agencies (NCCA);
that an individual may use as the basis for complying with
IC 25-21.8-5-3(1)(D), as added by this act.
(b) This SECTION expires December 31, 2007.
SOURCE: ; (05)IN1390.1.12. -->
SECTION 12.
An emergency is declared for this act.