TITLE 847 STATE BOARD OF MASSAGE THERAPY

Under IC 4-22-2-23, the State Board of Massage Therapy intends to adopt a rule concerning the following:

OVERVIEW: Per IC 25-21.8-4-6, the State Board of Massage Therapy (Board) is directed to adopt rules concerning massage therapy licensure and thereafter renew the person's license in accordance with IC 25-21.8-6. The purpose of this rule is to allow for the process of transitioning the practice of massage therapy from certification to licensure, amend requirements for licensure, and define requirements for continuing education for massage therapists (MTs). The rule change will replace all references to certificate/certification/certified with license/licensure/licensed and eliminate outdated references. An individual will not be required to hold a license to practice massage therapy in Indiana until 183 days after the effective date of additional rules to be promulgated and adopted by the Board. Until the effective date of the rules adopted by the board for licensure, the Board shall continue to issue and renew massage therapy certifications. Amending rules is necessary to transition from certification to licensure. Pursuant to IC 25-21.8-4-2, an individual who applies to practice as a massage therapist in Indiana must have successfully completed a massage therapy school or program which requires at least 625 hours of supervised classroom and hands-on instruction on massage therapy. Any application received before the law went into effect on July 1, 2019, will be evaluated based on the certification requirements in statute at the time the application was submitted. Therefore, any application that was received before July 1, 2019, will be reviewed to ensure the 500-hour requirement was met regardless of when the actual certification may ultimately be issued. After July 1, 2019, the law will be in effect and any application that is received after this time will be required to provide proof of completion of 625 hours in accordance with statute. The purpose of this rule is to require 625 hours of supervised classroom and hands-on instruction on massage therapy in the rule as it already is required in statute. The rule amends general requirements and changes application requirements regarding education and professional liability insurance. The rule establishes requirements for a license holder that advertises massage therapy. The Board is being held responsible for determining license holders' continued competency to practice massage therapy services in the state of Indiana with no comprehensible model to accomplish that goal. Prior to the statute change, if a certificate holder had allowed their license to expire for less than three (3) years, they would be able to reinstate their certificate after having paid a renewal and late fee. If a certificate holder had allowed their certificate to expire for greater than three (3) years, they would be able to reinstate their certificate after having paid a reinstatement fee. The simple truth is that a certificate holder was able to maintain certification without having ever practiced as long as they renewed their certificate quadrennially. There was no way of determining if a certificate holder was competent to practice. The proposed rule outlines and defines acceptable continuing education for MTs. Public comments are invited and may be directed to the State Board of Massage Therapy c/o Toby Snell, Board Director, 402 West Washington Street, Room W072, Indianapolis, Indiana 46204 or by email to tobsnell@pla.in.gov. Statutory authority: IC 25-21.8-2-9; IC 25-21.8-3-1.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Toby Snell

Board Director, State Board of Massage Therapy

Professional Licensing Agency

Indiana Government Center South

402 West Washington Street, Room W072

Indianapolis, IN 46204

(317) 234-8817

tobsnell@pla.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Greg Lannan

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 601-8892

glannan@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

DIN: 20211117-IR-847210507NIA

Composed: Apr 24,2024 7:01:53AM EDT

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