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Arkansas Senate Bill SB58

Arkansas 2023 Regular Session

Arkansas Senate Bill SB58 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 45 of the Regular Session
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54 State of Arkansas 1
65 94th General Assembly A Bill 2
76 Regular Session, 2023 SENATE BILL 58 3
87 4
98 By: Senator Irvin 5
109 By: Representative Wardlaw 6
1110 7
1211 For An Act To Be Entitled 8
1312 AN ACT TO CREATE A S TUDENT AND APPRENTIC E LEVEL OF 9
1413 LICENSING IN THE MAS SAGE THERAPY PROFESS ION; AND FOR 10
1514 OTHER PURPOSES. 11
1615 12
1716 13
1817 Subtitle 14
1918 TO CREATE A STUDENT AND APPRENTICE LEVEL 15
2019 OF LICENSING IN THE MASSAGE THERAPY 16
2120 PROFESSION. 17
2221 18
2322 19
2423 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
2524 21
2625 SECTION 1. Arkansas Code § 17 -86-102, concerning the definitions 22
2726 regarding the practice of massage therapy, is amended to add additional 23
2827 subdivisions to read as follows: 24
2928 (12) “Massage therapy appren tice” means a person who is enrolled 25
3029 in a massage therapy apprenticeship program; 26
3130 (13) “Massage therapy apprenticeship program” means a program 27
3231 that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing 28
3332 on March 1, 2021, and is approved by the United States Office of 29
3433 Apprenticeship; 30
3534 (14) “Massage therapy learning permit” means a permit issued by 31
3635 the Department of Health before enrollment in a massage therapy 32
3736 apprenticeship program or in a massage therapy school that is valid for no 33
3837 longer than six (6) months after completion of the apprenticeship or 34
3938 graduation from the massage therapy school; and 35
4039 (15) “Massage therapy student” means a person who is enrolled in 36 SB58
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4544 a licensed massage therapy school or postsecondary massage therapy school . 1
4645 2
4746 SECTION 2. Arkansas Code § 17 -86-104 is amended to read as follows: 3
4847 17-86-104. Criminal background checks. 4
4948 An applicant applying for enrollment in a massage therapy school, 5
5049 postsecondary massage therapy school, or massage therapy apprenticeship 6
5150 program or applying as a new massage therapy licensee, an individual applying 7
5251 for a new massage therapy school license, or a licensee applying for an 8
5352 upgrade issued by the Department of Health shall apply to the Identification 9
5453 Bureau of the Department Division of Arkansas State Police for a state and 10
5554 federal criminal background check to be conducted by the Identification 11
5655 Bureau of the Division of Arkansas State Police and the Federal Bureau of 12
5756 Investigation. 13
5857 14
5958 SECTION 3. Arkansas Code § 17 -86-203(d)(1), concerning the powers and 15
6059 duties of the State Board of Health and the Department of Health to regulate 16
6160 the practice of massage therapy, is amended to read as follows: 17
6261 (d)(1) The department may require each original applicant enrolling in 18
6362 a massage therapy sch ool, postsecondary massage therapy school, or massage 19
6463 therapy apprenticeship program, or applying as a new massage therapy licensee 20
6564 to practice in the State of Arkansas and each upgrade applicant for a license 21
6665 issued by the Department of Health department to apply to the Identification 22
6766 Bureau of the Division of Arkansas State Police for a state and federal 23
6867 criminal background check to be conducted by the Identification Bureau of the 24
6968 Division of Arkansas State Police and the Federal Bureau of Investigation. 25
7069 26
7170 SECTION 4. Arkansas Code § 17 -86-301(a) and (b), concerning 27
7271 registration to practice massage therapy, is amended to read as follows: 28
7372 (a) It shall be unlawful: 29
7473 (1)(A) For any person who does not hold a valid license to use 30
7574 the following titles: mass age therapist, massage practitioner, myotherapist, 31
7675 massotherapist, massage technologist, masseur, masseuse, therapy 32
7776 technologist, master massage therapist, massage therapy instructor, or any 33
7877 derivation of those titles or to advertise such titles; or 34
7978 (B)(2) For any person who does not hold the applicable 35
8079 license issued by the Department of Health to engage professionally for 36 SB58
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8584 payment, barter, donation, or exchange in the practice or instruction of 1
8685 massage therapy as defined in this chapter; 2
8786 (2)(3) For any person to operate or conduct any massage therapy 3
8887 clinic or massage therapy school which does not conform to the sanitary rules 4
8988 contained in § 17-86-302, in state law, in local ordinances, or in those 5
9089 rules which may be adopted by the State Board of Hea lth; 6
9190 (3)(4) To employ any person to practice or instruct under this 7
9291 chapter who does not hold a valid license issued by the department; 8
9392 (4)(5) For any person to operate a massage therapy school or 9
9493 clinic without its first being registered under the p rovisions of this 10
9594 chapter as a licensed massage therapy school or registered clinic; or 11
9695 (5)(6) For any massage therapy school or postsecondary massage 12
9796 therapy school to enroll any person in the massage therapy school or 13
9897 postsecondary school who does not hold a massage therapy learning permit 14
9998 issued by the department; 15
10099 (7) For any massage therapy apprenticeship program to enroll any 16
101100 person in the massage therapy apprenticeship program who does not hold a 17
102101 massage therapy learning permit issued by the department; or 18
103102 (8)(A) For the department or other individual or entity to 19
104103 incorporate privileges or certification requirements of any private 20
105104 organization, private professional association, or private accrediting agency 21
106105 within Arkansas massage laws or i ts rules. 22
107106 (B) However, the department may adopt as its licensure 23
108107 exam an exam drafted and administered by a private organization, private 24
109108 professional association, or private accreditation agency. 25
110109 (b) Exemptions: 26
111110 (1) Persons authorized by the laws of this state to practice 27
112111 medicine, osteopathy, podiatry, or physical therapy, and licensed physicians' 28
113112 assistants, licensed nurses, licensed physical therapy assistants, licensed 29
114113 acupuncturists, licensed midwives, and chiropractors are exempt from this 30
115114 chapter in so far as massage therapy practices are offered or instructed 31
116115 within the scope and under the provisions of licensure; 32
117116 (2) Persons licensed as a massage therapy student who practice 33
118117 under the direct supervision of a massage therapy instructor a t a licensed 34
119118 massage therapy school or licensed postsecondary massage therapy school for a 35
120119 period not to exceed six (6) months from the date of graduation from the 36 SB58
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125124 massage therapy school; 1
126125 (3) Persons licensed as a massage therapy apprentice who 2
127126 practice under the direct supervision of a massage therapy instructor who is 3
128127 registered or approved as a sponsor as part of the massage therapy 4
129128 apprenticeship program approval by the United States Office of 5
130129 Apprenticeship, for a period not to exceed six (6) months from the date of 6
131130 completion of the massage therapy apprenticeship program; 7
132131 (4) Persons authorized by the department to present and instruct 8
133132 department-approved school curriculum or continuing education programs, or 9
134133 both, may present and instruct such d epartment-approved curriculum and 10
135134 programs for payment and in the presentation and instruction may utilize 11
136135 practices defined in, but without being licensed or registered under, the 12
137136 provisions of this chapter; and 13
138137 (3)(5) The practice of massage therapy t hat is incidental to a 14
139138 program of study by students enrolled in a licensed massage therapy school 15
140139 approved by the department, and under direct supervision of a licensee 16
141140 employed as an instructor at the school, is exempt from § 17 -86-311(a)(10). 17
142141 18
143142 SECTION 5. Arkansas Code § 17 -86-303 is amended to read as follows: 19
144143 17-86-303. Massage therapist. 20
145144 (a) In order to be licensed as a massage therapist, the person seeking 21
146145 licensure shall: 22
147146 (1) Furnish to the Department of Health satisfactory proof that 23
148147 he or she is eighteen (18) years of age or older; 24
149148 (2) Make oath that he or she has not been convicted of, found 25
150149 guilty of, or entered a plea of guilty or nolo contendere to any offense that 26
151150 would constitute a felony listed under § 17 -3-102 or constitute the o ffense 27
152151 of prostitution, either in this state or another state, and submit a signed 28
153152 authorization to investigate and have information released to the department; 29
154153 (3) Present the following issued in the same name as the 30
155154 applicant or licensee: 31
156155 (A) A valid photo identification or driver's license, or 32
157156 both; and 33
158157 (B) A Social Security card; 34
159158 (4)(A) Present a high school diploma, high school equivalency 35
160159 diploma approved by the Adult Education Section, or college transcript and 36 SB58
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165164 credentials issued by a m assage therapy school accepted by the department or 1
166165 a like institution with no less than five hundred (500) hours of in -classroom 2
167166 instruction. 3
168167 (B) An applicant shall not submit his or her transcript 4
169168 directly to the department. 5
170169 (C) An applicant shal l request that the massage therapy 6
171170 school submit the transcript directly to the department. 7
172171 (D)(i) If the applicant's transcript is not obtainable 8
173172 from the original school, the applicant shall submit a statement to explain 9
174173 why the transcript may not be obtained. 10
175174 (ii) Other documentation of credentials may be 11
176175 submitted and accepted for licensure at the discretion of the department; 12
177176 (5) Furnish to the department satisfactory proof of passing an 13
178177 examination recognized and approved by the department ; and 14
179178 (6) Pay the specified fees, which shall accompany a completed 15
180179 notarized application to the department. 16
181180 (a) For an applicant seeking enrollment in a massage therapy school or 17
182181 massage therapy apprenticeship program on or after January 1, 2024, in order 18
183182 to be issued a massage therapy learning permit, the applicant seeking 19
184183 enrollment in a massage therapy school or massage therapy apprenticeship 20
185184 program shall: 21
186185 (1) Furnish to the Department of Health satisfactory proof that 22
187186 the applicant is eighteen (18) years of age or older; 23
188187 (2) Make oath that the applicant has not been convicted of, 24
189188 found guilty of, or entered a plea of guilty or nolo contendere to any 25
190189 offense that would constitute a felony listed under § 17 -3-102 or constitute 26
191190 the offense of prostitution, either in this state or another state, and 27
192191 submit a signed authorization to investigate and have information released to 28
193192 the department; 29
194193 (3) Provide a state and federal criminal background check to the 30
195194 department as provided in § 17 -86-104; 31
196195 (4) Present the following issued in the same name as the 32
197196 applicant or licensee: 33
198197 (A) A valid photo identification card or driver's license, 34
199198 or both; and 35
200199 (B) A Social Security card; 36 SB58
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205204 (5) Request the massage therapy school or massage therapy 1
206205 apprenticeship program in which the applicant is seeking to enroll or has 2
207206 enrolled to send a copy of the enrollment contract, or equivalent 3
208207 confirmation of enrollment to the department; and 4
209208 (6) Pay the specified fees as provided in subsection (d) of thi s 5
210209 section, which shall accompany a completed notarized application to the 6
211210 department. 7
212211 (b) For an applicant who was issued a massage therapy learning permit 8
213212 on or after January 1, 2024, an applicant holding a massage therapy learning 9
214213 permit under subsecti on (a) of this section, upon graduating from a massage 10
215214 therapy school or completing a massage therapy apprenticeship program, shall: 11
216215 (1) Request the massage therapy school or massage therapy 12
217216 apprenticeship program submit directly to the department eithe r: 13
218217 (A) A transcript and credentials issued by a massage 14
219218 therapy school; or 15
220219 (B) A certificate of completion issued by a massage 16
221220 therapy apprenticeship program; 17
222221 (2) Furnish to the department satisfactory proof of passing an 18
223222 examination recognized and approved by the department; 19
224223 (3) Make oath that the applicant has not been convicted of, 20
225224 found guilty of, or entered a plea of guilty or nolo contendere to any 21
226225 offense that would constitute a felony listed under § 17 -3-102 or constitute 22
227226 the offense of prostitution, either in this state or another state, since the 23
228227 date the massage therapy learning permit was issued, and submit a signed 24
229228 authorization to investigate and have information released to the department; 25
230229 (4) Submit a completed application pr ovided by the department 26
231230 for issuance of licensure; and 27
232231 (5) Pay the specified fees as provided in subsection (d) of this 28
233232 section. 29
234233 (c) In order to be licensed as a massage therapist, the person seeking 30
235234 licensure under § 17 -86-308 or subsection (g) of t his section or through 31
236235 similar reciprocity provisions as provided by the rules established by the 32
237236 department shall: 33
238237 (1) Furnish to the department satisfactory proof that the 34
239238 applicant is eighteen (18) years of age or older; 35
240239 (2) Make oath that the app licant has not been convicted of, 36 SB58
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245244 found guilty of, or entered a plea of guilty or nolo contendere to any 1
246245 offense that would constitute a felony listed under § 17 -3-102 or constitute 2
247246 the offense of prostitution, either in this state or another state, and 3
248247 submit a signed authorization to investigate and have information released to 4
249248 the department; 5
250249 (3) Provide a state and federal criminal background check to the 6
251250 department as provided in § 17 -86-104; 7
252251 (4) Present the following issued in the same name as t he 8
253252 applicant or licensee: 9
254253 (A) A valid photo identification card or driver's license, 10
255254 or both; and 11
256255 (B) A Social Security card; 12
257256 (5)(A) Present a high school diploma, high school equivalency 13
258257 diploma approved by the Adult Education Section, or college transcript and 14
259258 credentials issued by a massage therapy school accepted by the department or 15
260259 an equivalent institution with no less than five hundred (500) hours of in -16
261260 classroom instruction. 17
262261 (B) An applicant shall not submit his or her transcrip t 18
263262 directly to the department. 19
264263 (C) An applicant shall request that the massage therapy 20
265264 school submit the transcript directly to the department. 21
266265 (D)(i) If the applicant's transcript is not obtainable 22
267266 from the original school, the applicant shall subm it a statement to explain 23
268267 why the transcript can not be obtained. 24
269268 (ii) Other documentation of credentials may be 25
270269 submitted and accepted for licensure at the discretion of the department; 26
271270 (6) Furnish to the department satisfactory proof of passing a n 27
272271 examination recognized and approved by the department; and 28
273272 (7) Pay the specified fees as provided in subsection (d) of this 29
274273 section, which shall accompany a completed notarized application to the 30
275274 department. 31
276275 (b)(d) Fees are as follows: 32
277276 (1) Application Massage therapy learning permit application fee 33
278277 ............. $75.00 Nonrefundable under subsection (a) of this section 34
279278 (2) Reciprocity license application fee.............75.00 35
280279 Nonrefundable under subsection (c) of this section 36 SB58
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285284 (2)(3) Original license fee ............. 80.00 under subsection 1
286285 (b) of this section or by reciprocity under subsection (c) of this section 2
287286 (3)(4) Biennial renewal ............. 80.00 3
288287 (4)(5) Examination fee or reexamination fee ............. 25.00 4
289288 (5)(6) Duplicate license fee ............. 10.00 5
290289 (6)(7) Pocket card fee not to exceed ten dollars ($10.00). 6
291290 (c)(e) A person shall not practice massage therapy unless he or she 7
292291 holds a valid massage therapy learning permit by the department or until his 8
293292 or her official license has been received from the department. 9
294293 (d)(f) A person who attempts to procure or does procure a license in 10
295294 violation of this section shall be subject to the penalties provided for in § 11
296295 17-86-103. 12
297296 (g) A person who was enrolled in a massage therapy school, 13
298297 postsecondary massage therapy school, or massage therapy apprenticeship 14
299298 program as of January 1, 2024, or has completed or graduated from a massage 15
300299 therapy school, postsecondary massage therapy school, or massage therapy 16
301300 apprenticeship program before January 1, 2024, may seek licensure as provided 17
302301 in subsection (c) of this section. 18
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