Delaware 2023-2024 Regular Session

Delaware Senate Bill SB277 Latest Draft

Bill / Draft Version

                            SPONSOR:      Sen. Poore & Rep. K. Williams       Rep. Michael Smith           DELAWARE STATE SENATE   152nd GENERAL ASSEMBLY       SENATE BILL NO. 277       AN ACT TO AMEND CHAPTER 53, TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.      

     

     SPONSOR:      Sen. Poore & Rep. K. Williams       Rep. Michael Smith     

SPONSOR: Sen. Poore & Rep. K. Williams
Rep. Michael Smith

 SPONSOR:  

 Sen. Poore & Rep. K. Williams 

 Rep. Michael Smith 

   

 DELAWARE STATE SENATE 

 152nd GENERAL ASSEMBLY 

   

 SENATE BILL NO. 277 

   

 AN ACT TO AMEND CHAPTER 53, TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 5309, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:     5309. Qualifications of applicants for certification as massage technicians.   (a)  An   On or before December 31, 2024, an  applicant who is applying for certification as a massage technician   under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person meets the requirements of 5308(a)(5)-(11) and (e) of this title and:   (1) Is at least 18 years of age;   (2) Has completed, as a minimum, a 300-hour course of supervised in-class study of massage that includes a curriculum of no less than:   a. Sixty hours of anatomy and physiology;   b. One hundred-forty hours of theory and technique;   c. Seventy-five hours of elective courses in the field of massage therapy;   d. Twenty-five hours of ethics, law and contraindications.   (3) Has passed a state-certified examination in cardio-pulmonary resuscitation (CPR) training; and possesses current CPR certification. An exception from current CPR certification shall be allowed for persons who have lower limb amputee status.   (b) Notwithstanding subsection (a) of this section, an applicant may apply for a temporary massage technician   certification under this section after completion of a 200-hour course of supervised in-class study of massage that includes a curriculum of no less than:   (1) Fifty hours of anatomy and physiology;   (2) One hundred and ten hours of theory and technique;   (3) Twenty-five hours of ethics, law, and contraindications; and   (4) Fifteen hours of elective courses.   A temporary massage technician certification, which is subject to all the other provisions and requirements of   this chapter, shall be valid for a period of no more than 1 year and may not be renewed or reissued, and shall not be eligible for inactive status.   (c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false   information intentionally has been supplied, it shall report its findings to the Attorney General for further action.   (d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted   without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some way contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.   (e) All individuals licensed to practice as massage technicians in this State shall be required to be fingerprinted by   the State Bureau of Identification, at the licensees expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2014, at the applicants expense, fingerprints and other necessary information in order to obtain a criminal background check.   (f) After December 31, 2024, the Board may not issue an initial certification to practice as a certified massage   technician.   (1) All applications for initial certification received by December 31, 2024, shall be processed and issued to applicants who meet the qualifications set forth in this section.     (2) In order to remain certified, all certified massage technicians must renew their certificates as specified in 5312(a)-(d) of this title.        

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

 Section 1. Amend 5309, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:  

  5309. Qualifications of applicants for certification as massage technicians. 

 (a)  An   On or before December 31, 2024, an  applicant who is applying for certification as a massage technician 

 under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person meets the requirements of 5308(a)(5)-(11) and (e) of this title and: 

 (1) Is at least 18 years of age; 

 (2) Has completed, as a minimum, a 300-hour course of supervised in-class study of massage that includes a curriculum of no less than: 

 a. Sixty hours of anatomy and physiology; 

 b. One hundred-forty hours of theory and technique; 

 c. Seventy-five hours of elective courses in the field of massage therapy; 

 d. Twenty-five hours of ethics, law and contraindications. 

 (3) Has passed a state-certified examination in cardio-pulmonary resuscitation (CPR) training; and possesses current CPR certification. An exception from current CPR certification shall be allowed for persons who have lower limb amputee status. 

 (b) Notwithstanding subsection (a) of this section, an applicant may apply for a temporary massage technician 

 certification under this section after completion of a 200-hour course of supervised in-class study of massage that includes a curriculum of no less than: 

 (1) Fifty hours of anatomy and physiology; 

 (2) One hundred and ten hours of theory and technique; 

 (3) Twenty-five hours of ethics, law, and contraindications; and 

 (4) Fifteen hours of elective courses. 

 A temporary massage technician certification, which is subject to all the other provisions and requirements of 

 this chapter, shall be valid for a period of no more than 1 year and may not be renewed or reissued, and shall not be eligible for inactive status. 

 (c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false 

 information intentionally has been supplied, it shall report its findings to the Attorney General for further action. 

 (d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted 

 without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some way contributed to or caused the failure of such application, the applicant may appeal to the Superior Court. 

 (e) All individuals licensed to practice as massage technicians in this State shall be required to be fingerprinted by 

 the State Bureau of Identification, at the licensees expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2014, at the applicants expense, fingerprints and other necessary information in order to obtain a criminal background check. 

 (f) After December 31, 2024, the Board may not issue an initial certification to practice as a certified massage 

 technician. 

 (1) All applications for initial certification received by December 31, 2024, shall be processed and issued to applicants who meet the qualifications set forth in this section. 

   (2) In order to remain certified, all certified massage technicians must renew their certificates as specified in 5312(a)-(d) of this title.   

   

  SYNOPSIS   Under this bill, the Board of Massage and Bodywork may not issue initial certifications to practice as a certified massage technician for applications received after December 31, 2024.    Author: Senator Poore  

 SYNOPSIS 

 Under this bill, the Board of Massage and Bodywork may not issue initial certifications to practice as a certified massage technician for applications received after December 31, 2024.  

 Author: Senator Poore