KS
Kansas Senate Bill SB111

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB111 Compare Versions

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11 Session of 2023
22 SENATE BILL No. 111
33 By Committee on Public Health and Welfare
44 1-26
55 AN ACT concerning health professions and practices; enacting the
66 massage therapist licensure act; providing for regulation and licensing
77 of massage therapists; powers, duties and functions of the state board of
88 healing arts.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. Sections 1 through 17, and amendments thereto, shall be
1111 known and may be cited as the massage therapist licensure act.
1212 Sec. 2. As used in the massage therapist licensure act:
1313 (a) "Act" means the massage therapist licensure act.
1414 (b) "Board" means the state board of healing arts.
1515 (c) "Compensation" means the payment, loan, advance, donation,
1616 contribution, barter, deposit or gift of money or anything of value.
1717 (d) "Licensed massage therapist" means an individual who meets the
1818 requirements of the massage therapist licensure act and who engages in the
1919 practice of massage therapy.
2020 (e) "Massage school" means a massage therapy educational program
2121 that meets the standards for training and curriculum as set forth by the
2222 state board of regents under the Kansas private and out-of-state
2323 postsecondary educational institution act or comparable legal authority in
2424 another state.
2525 (f) "Massage therapy" and "massage" means a healthcare service
2626 involving the external manipulation or pressure of soft tissue for
2727 therapeutic purposes. It is the application of a system of structured touch,
2828 pressure, movement and holding of the soft tissue of the human body in
2929 which the primary intent is to relieve pain, improve circulation, relieve
3030 stress, increase relaxation and enhance or restore the health and well-being
3131 of the client. The practice of "massage therapy" includes complementary
3232 methods, including the external application of water, heat, cold,
3333 lubrication, salt scrubs, body wraps or other topical preparations and
3434 electromechanical devices that mimic or enhance the actions of humans.
3535 (1) "Massage" or "massage therapy" does not include:
3636 (A) Medical or nursing diagnosis of injury, illness or disease;
3737 (B) therapeutic exercise;
3838 (C) chiropractic diagnosis of injury, illness or disease and treatment
3939 including chiropractic joint adjustment;
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7676 (D) physical therapy joint mobilization or manipulation;
7777 (E) electrical stimulation or application of ultrasound; or
7878 (F) dispensing or issuing prescriptions or pharmaceutical agents.
7979 (2) "Massage" or "massage therapy" includes, but is not limited to:
8080 (A) Development, implementation and modification of a massage
8181 therapy treatment plan that addresses the client's soft tissue manifestations,
8282 needs and concerns including identifying indications, contraindications
8383 and precautions of massage therapy within the scope of the massage
8484 therapist licensure act;
8585 (B) obtaining informed consent regarding the risks and benefits of the
8686 massage therapy treatment plan and application and modification of the
8787 massage therapy treatment plan as needed;
8888 (C) using effective interpersonal communication in the professional
8989 relationship;
9090 (D) utilizing an ethical decision-making process that conforms to the
9191 ethical standards of the profession, as set forth in the massage therapist
9292 licensure act and in rules and regulations adopted by the board;
9393 (E) establishing and maintaining a practice environment that provides
9494 for the client's health, safety and comfort; and
9595 (F) establishing and maintaining client records, professional records
9696 and business records in compliance with standards of professional conduct
9797 as required by rules and regulations adopted by the board.
9898 (g) "Licensed massage therapist" means an individual who meets the
9999 requirements of the massage therapist licensure act and who engages in the
100100 practice of massage therapy.
101101 (h) "Professional massage therapy association" or "bodywork therapy
102102 association" means a state or nationally chartered professional membership
103103 organization that has been recognized by the board as offering services to
104104 massage therapists and that requires that its members adhere to the
105105 organization's established code of ethics and standards of practice.
106106 Sec. 3. Upon application to the board and the payment of the required
107107 fees, an applicant for a license as a massage therapist may be licensed as a
108108 massage therapist if the applicant meets all the requirements of the
109109 massage therapist licensure act and provides documentation acceptable to
110110 the board that the applicant:
111111 (1) Has obtained a high school diploma or its equivalent;
112112 (2) is 18 years of age or older;
113113 (3) has no other record of disqualifying conduct as defined by the
114114 board;
115115 (4) is a citizen or legal permanent resident of the United States;
116116 (5) has successfully completed a course of instruction approved by
117117 the board consisting of at least 625 in-classroom hours of supervised
118118 instruction, including massage therapy technique and theory,
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162162 contraindications, ethics, sanitation, hygiene, business training, anatomy,
163163 physiology and pathology; and
164164 (6) has successfully passed, including prior to the effective date of the
165165 massage therapist licensure act, a nationally recognized competency
166166 examination in massage therapy that meets acceptable psychometric
167167 principles, is statistically validated through a job-task analysis under
168168 current standards for educational and professional testing and has been
169169 approved by the board.
170170 Sec. 4. Prior to July 1, 2024, the board shall commence a
171171 grandfathering period for currently practicing massage therapists in the
172172 state of Kansas. The board shall issue a license as a massage therapist to
173173 any individual who meets the requirements of section 3(a)(1), (2), (3) and
174174 (4), amendments thereto, and one of the following requirements verified to
175175 the board by affidavit that the individual has:
176176 (a) Completed a minimum of 625 hours of instruction relating to
177177 massage therapy at a massage school or comparable entity in another state;
178178 (b) completed at least 300 hours of training in massage therapy
179179 during the three years immediately preceding such individual's license
180180 application;
181181 (c) practiced massage therapy for at least three years;
182182 (d) been an active member in good standing of a professional
183183 massage or bodywork therapy association as a massage or bodywork
184184 therapist for a period of at least 12 months; or
185185 (e) passed an examination meeting the requirements of section 3(a)
186186 (5), and amendments thereto, or a nationally recognized certification
187187 examination.
188188 Sec. 5. (a) The board may issue a license to practice massage therapy
189189 as a licensed massage therapist to an applicant who has been duly licensed
190190 as a massage therapist by examination under the laws of another state,
191191 territory, the District of Columbia or a foreign country if, in the opinion of
192192 the board, the applicant meets the qualifications required for licensure as a
193193 massage therapist in this state. Verification of the applicant's licensure
194194 status shall be required from the original state of licensure.
195195 (b) The board may issue a temporary permit to practice massage
196196 therapy as a licensed massage therapist for a period not to exceed 120
197197 days. A temporary permit may be issued to an applicant for licensure as a
198198 licensed massage therapist who is a graduate of a massage school in a
199199 foreign country after verification of licensure in that foreign country and
200200 approval of educational credentials.
201201 Sec. 6. (a) Nothing in the massage therapist licensure act shall:
202202 (1) Be construed to restrict any individual licensed or regulated by the
203203 state of Kansas from engaging in the profession or practice for which they
204204 are licensed or regulated, including, but not limited to, acupuncture,
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248248 athletic training, barbering, chiropractic, cosmetology, dentistry,
249249 electrology, esthetics, manicuring, medicine, naturopathic medicine,
250250 nursing, occupational therapy, osteopathy, physical therapy, podiatry,
251251 professional counseling, psychology, social work or veterinary medicine or
252252 any other profession licensed or regulated by the state of Kansas;
253253 (2) prohibit:
254254 (A) The practice of massage therapy by an individual employed by
255255 the government of the United States while the individual is engaged in the
256256 performance of duties prescribed by the laws and regulations of the United
257257 States;
258258 (B) the practice of massage therapy by individuals duly licensed,
259259 registered or certified in another state, territory, the District of Columbia or
260260 a foreign country when incidentally called into this state to teach a course
261261 related to massage therapy or to consult with an individual licensed under
262262 the massage therapist licensure act;
263263 (C) students currently enrolled in a massage school while completing
264264 a clinical requirement or supervised massage therapy fieldwork experience
265265 for graduation performed under the supervision of an individual licensed
266266 under the massage therapist licensure act, so long as the student does not
267267 hold oneself out as a licensed massage therapist and does not receive
268268 compensation for services performed;
269269 (D) any individual from performing massage therapy services in the
270270 state, if those services are performed without compensation and are
271271 performed in cooperation with a charitable organization or as part of an
272272 emergency response team working in conjunction with disaster relief
273273 officials;
274274 (E) the practice, conduct and activities or services of an individual
275275 who is employed by a non-resident performance team, entertainer or
276276 athletic team to the extent that such services or activities are provided
277277 solely to the team or entertainer in the state for not more than 30 days;
278278 (F) individuals giving massage to members of such person's
279279 immediate or extended family without compensation;
280280 (G) individuals who restrict their manipulation of the soft tissues of
281281 the human body to the hands, feet or ears and do not hold themselves out
282282 to be massage therapists; and
283283 (H) members of any church practicing their religious tenets; or
284284 (3) be construed to prevent or restrict the practice of any individual in
285285 this state who:
286286 (A) Uses touch, words and directed movement to deepen awareness
287287 of existing patterns of movement in the body and to suggest new
288288 possibilities of movement while engaged within the scope of practice of a
289289 profession with established standards and ethics, so long as their services
290290 are not designated or implied to be massage or massage therapy. Such
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334334 practices include, but are not limited to: The Feldenkrais method of
335335 somatic education; the Rolf institute's Rolf movement integration; the
336336 Trager approach to movement education; and body-mind centering;
337337 (B) uses touch to affect the energy systems, acupoints or qi meridians
338338 or channels of energy, of the human body while engaged within the scope
339339 of practice of a profession with established standards and ethics, provided
340340 that their services are not designated or implied to be massage or massage
341341 therapy. Such practices include, but are not limited to: Acupressure; Asian
342342 bodywork therapy, jin shin do bodymind acupressure; polarity, polarity
343343 therapy and polarity therapy bodywork; qigong; reiki; shiatsu and tuina; or
344344 (C) uses touch to effect change in the structure of the body while
345345 engaged in the practice of structural integration including, but not limited
346346 to, practitioners of Rolfing structural integration, the Rolf method of
347347 structural integration and Hellerwork.
348348 (b) Practitioners described in paragraph (2) shall be recognized by or
349349 meet the established standards of either a professional organization or
350350 credentialing body that represents or certifies the respective practice based
351351 on a minimal level of training, demonstration of competency and
352352 adherence to ethical standards.
353353 Sec. 7. (a) An individual licensed under the massage therapist
354354 licensure act as a massage therapist shall:
355355 (1) Use the letters "LMT" to identify themselves to patients or the
356356 public; and
357357 (2) be authorized to use words that indicate that such individual is a
358358 massage therapist licensed under the massage therapist licensure act,
359359 including: "Massage therapist," "massagist," "massotherapist,"
360360 "myotherapist," "body therapist," "massage technician," "massage
361361 practitioner," "masseur," "masseuse" or any derivation thereof.
362362 (b) (1) On and after September 1, 2024, it shall be unlawful for any
363363 individual who is not licensed under the massage therapist licensure act as
364364 a massage therapist or whose license has been suspended, revoked or
365365 lapsed to promote oneself to the public in any manner as a licensed
366366 massage therapist or to engage in the practice of massage therapy.
367367 (2) A violation of this subsection is a class B person misdemeanor.
368368 (3) A violation of this subsection constitutes an unconscionable act or
369369 practice in violation under K.S.A. 50-627, and amendments thereto,
370370 whether or not it involves a consumer, a consumer transaction or a
371371 supplier, as defined in K.S.A. 50-624, and amendments thereto.
372372 Notwithstanding the provisions of K.S.A. 50-634, and amendments
373373 thereto, no private right of action under the Kansas consumer protection
374374 act may be brought alleging a violation of this subsection.
375375 (c) No statute granting authority to persons licensed or registered by
376376 the board shall be construed to confer authority upon a massage therapist
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420420 to engage in any activity not conferred by the massage therapist licensure
421421 act.
422422 Sec. 8. (a) A massage therapy advisory committee of six members,
423423 consisting of two board members and four non-board members, shall be
424424 established by the board to advise and assist the board in implementing the
425425 massage therapist licensure act as determined by the board. The advisory
426426 committee shall meet at least annually. Members of the advisory
427427 committee shall be paid compensation, subsistence allowances, mileage
428428 and other expenses as provided in K.S.A. 75-3223(e), and amendments
429429 thereto, for each day of actual attendance at any meeting of the advisory
430430 committee or any subcommittee meeting authorized by the board.
431431 (b) The two board members of the massage therapy advisory
432432 committee shall be appointed by the board. Three of the non-board
433433 members of the massage therapy advisory committee shall be massage
434434 therapists appointed by the board who shall also be United States citizens
435435 and residents of the state. Not more than one member of the board may be
436436 an owner of a massage school. The fourth non-board member shall be
437437 appointed by the Kansas attorney general. The members of the committee
438438 shall be appointed for terms of two years and shall serve at the pleasure of
439439 the board.
440440 Sec. 9. (a) The board shall biennially charge and collect in advance
441441 fees provided for in the massage therapist licensure act as fixed by the
442442 board by rules and regulations, subject to the following limitations:
443443 Application fee, not more than.................................................................$80
444444 Temporary permit fee, not more than.........................................................25
445445 License renewal fee, not more than............................................................75
446446 License reinstatement fee, not more than...................................................80
447447 Certified copy of license, not more than....................................................25
448448 Written verification of license, not more than............................................30
449449 Inactive license fee, not more than.............................................................20
450450 (b) The board may require that fees paid for any examination under
451451 the massage therapist licensure act be paid directly to the examination
452452 service by the individual taking the examination.
453453 (c) The board shall accept personal checks, certified checks, cashier's
454454 checks, money orders or credit cards for payment of fees under this
455455 section. The board may designate other methods of payment but shall not
456456 refuse payment in the form of a personal check. The board may impose
457457 additional fees and recover any costs incurred by reason of payments made
458458 by personal checks with insufficient funds and payments made by credit
459459 cards.
460460 Sec. 10. (a) All licenses issued under the provisions of the massage
461461 therapist licensure act, whether initial or renewal, shall expire every two
462462 years. The expiration date shall be established by rules and regulations
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506506 adopted by the board. The board shall send a notice for renewal of license
507507 to every massage therapist at least 60 days prior to the expiration date of
508508 such person's license. Every individual so licensed who desires to renew
509509 such license shall file with the board, on or before the date of expiration of
510510 such license, a renewal application with the prescribed biennial renewal
511511 fee. Every licensee who is no longer engaged in the active practice of
512512 massage therapy may so state by affidavit and submit such affidavit with
513513 the renewal application. An inactive license may be requested along with
514514 payment of a fee fixed by rules and regulations of the board. Except for the
515515 first renewal for a license that expires within 30 months following
516516 licensure examination or for renewal of a license that expires within the
517517 first nine months following licensure by reinstatement or endorsement,
518518 every licensee with an active massage therapy license shall submit with the
519519 renewal application evidence of satisfactory completion of a program of
520520 continuing massage therapy education.
521521 (b) As a condition for renewal of a license, the board shall require
522522 completion of not more than 24 hours biennially of continuing education
523523 approved by the board in rules and regulations. Upon receipt of the
524524 renewal application, payment of fee and evidence of satisfactory
525525 completion of the required program of continuing massage therapy
526526 education and upon a finding that the applicant meets the requirements set
527527 forth by law in effect at the time of initial licensure of the applicant, the
528528 board shall verify the accuracy of the application and grant renewal of the
529529 license.
530530 (c) Continuing education courses shall be offered by providers
531531 approved by the board. The courses shall be completed within the 24
532532 months immediately preceding the date renewal is due. Hours in excess of
533533 the total number required may not be carried over to future renewals. The
534534 continuing education requirements shall not apply to a massage therapist
535535 within the biennium during which the massage therapist is first licensed,
536536 except that such requirements shall apply to licensees every biennium
537537 thereafter.
538538 (d) Any individual who fails to secure a license renewal within the
539539 time specified herein may secure a reinstatement of such lapsed license by
540540 making verified application therefor on a form provided by the board,
541541 furnishing proof that the applicant is competent and qualified to act as a
542542 massage therapist and satisfying all of the requirements for reinstatement,
543543 including payment to the board of a reinstatement fee as established by the
544544 board by rules and regulations. An application for reinstatement of a
545545 license shall be held awaiting completion of documentation as may be
546546 required, except that such application shall not be held for a period of time
547547 in excess of that specified in rules and regulations of the board.
548548 (e) (1) Each licensee shall notify the board in writing of:
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592592 (A) A change in name or address within 30 days of the change; or
593593 (B) a conviction of any felony or misdemeanor that is specified in
594594 rules and regulations adopted by the board within 30 days from the date
595595 the conviction becomes final.
596596 (2) As used in this subsection, "conviction" means:
597597 (A) The entry of a plea or verdict of guilty or a conviction following a
598598 plea of nolo contendere and without regard to whether the sentence was
599599 suspended or probation was granted after such conviction;
600600 (B) a forfeiture of bail, bond or collateral deposited to secure a
601601 defendant's appearance in court if such forfeiture has not been vacated; or
602602 (C) entering into a diversion agreement in lieu of further criminal
603603 proceedings alleging a violation of any offense specified by the board in
604604 rules and regulations.
605605 (f) (1) The board shall require an initial applicant for licensure as a
606606 massage therapist to be fingerprinted and submit to a state and national
607607 criminal history record check. The fingerprints shall be used to identify the
608608 applicant and to determine whether the applicant has a record of criminal
609609 history in this state or another jurisdiction. The board is authorized to
610610 submit the fingerprints to the Kansas bureau of investigation and the
611611 federal bureau of investigation for a state and national criminal history
612612 record check and request subsequent arrest notification services from both
613613 agencies. The board may use the information obtained from fingerprinting
614614 and the applicant's criminal history only for purposes of verifying the
615615 identity of any applicant and in making the official determination of
616616 character and fitness of the applicant for any licensure to practice massage
617617 therapy in this state. Any disclosure of a record for a purpose other than
618618 that provided by this subsection is a class A nonperson misdemeanor and
619619 shall constitute grounds for removal from office or termination of
620620 employment.
621621 (2) Local and state law enforcement officers and agencies shall assist
622622 the board in the taking and processing of fingerprints of applicants to
623623 practice massage therapy in this state and shall release all records of an
624624 applicant's adult convictions and nonconvictions to the board.
625625 (3) The board shall fix a fee for fingerprinting and conducting a state
626626 and national criminal history record check of applicants or licensees as
627627 may be required by the board in an amount necessary to reimburse the
628628 board for the cost. Fees collected under this subsection shall be remitted to
629629 the state treasurer in accordance with K.S.A. 75-4215, and amendments
630630 thereto. Upon receipt of each such remittance, the state treasurer shall
631631 deposit the entire amount in the state treasury to the credit of the healing
632632 arts fee fund.
633633 (4) As used in this subsection, "initial applicant" means an individual
634634 who has submitted an application for licensure as a massage therapist in
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678678 this state for the first time.
679679 Sec. 11. (a) The board may refuse to grant licensure to, or may
680680 suspend, revoke, condition, limit, qualify or restrict the licensure issued
681681 under the massage therapist licensure act of any individual whom the
682682 board, after the opportunity for a hearing, determines:
683683 (1) Is incompetent to practice massage therapy or is found to engage
684684 in the practice of massage therapy in a manner harmful or dangerous to a
685685 client or to the public;
686686 (2) has been convicted by a court of competent jurisdiction of a
687687 felony or a misdemeanor crime against persons, even if not related to the
688688 practice of massage therapy;
689689 (3) is currently listed on a child abuse registry or an adult protective
690690 services registry as the result of a substantiated finding of abuse or neglect
691691 by any state agency, agency of another state or the United States, District
692692 of Columbia, territory of the United States or another country and the
693693 applicant or licensee has not demonstrated to the board's satisfaction that
694694 such person has been sufficiently rehabilitated to merit the public trust;
695695 (4) has violated a provision of the massage therapist licensure act or
696696 one or more of the rules and regulations of the board;
697697 (5) has obtained or attempted to obtain a license or license renewal by
698698 bribery or fraudulent representation;
699699 (6) has knowingly made a false statement on a form required by the
700700 board for license or license renewal;
701701 (7) has failed to obtain continuing education credits required by rules
702702 and regulations of the board;
703703 (8) has been found guilty of unprofessional conduct as defined by
704704 rules and regulations of the board; or
705705 (9) has had a registration, license or certificate as a massage therapist
706706 revoked, suspended or limited, or has had other disciplinary action taken,
707707 or an application for registration, license or certificate denied by the proper
708708 regulatory authority of another state or the United States, District of
709709 Columbia, territory of the United States or another country, with a certified
710710 copy of the record of the action of the other jurisdiction being conclusive
711711 evidence thereof.
712712 (b) Upon filing of a sworn complaint with the board charging an
713713 individual with having been guilty of any of the unlawful practices
714714 specified in subsection (a), two or more members of the board shall
715715 investigate the charges, or the board may designate and authorize an
716716 employee or employees of the board to conduct an investigation. After
717717 investigation, the board may institute charges. If an investigation, in the
718718 opinion of the board, reveals reasonable grounds for believing the
719719 applicant or licensee is guilty of the charges, the board shall fix a time and
720720 place for proceedings, and such proceedings shall be conducted in
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764764 accordance with the provisions of the Kansas administrative procedure act.
765765 (c) No person shall be excused from testifying in any proceedings
766766 before the board under the massage therapist licensure act or in any civil
767767 proceedings under this act before a court of competent jurisdiction on the
768768 ground that such testimony may incriminate the person testifying, except
769769 that such testimony shall not be used against the person for the prosecution
770770 of any crime under the laws of this state excluding the crime of perjury as
771771 defined in K.S.A. 2021 Supp. 21-5903, and amendments thereto.
772772 (d) If final agency action of the board in a proceeding under this
773773 section is adverse to the applicant or licensee, the costs of the board's
774774 proceedings shall be charged to the applicant or licensee as in ordinary
775775 civil actions in the district court. If the board is the unsuccessful party, the
776776 costs shall be paid by the board. Witness fees and costs may be taxed by
777777 the board according to the statutes relating to procedure in the district
778778 court. All costs accrued by the board, when it is the successful party and
779779 the attorney general certifies such costs cannot be collected from the
780780 applicant or licensee, shall be paid from the healing arts fee fund. All
781781 moneys collected following board proceedings shall be credited in full to
782782 the healing arts fee fund.
783783 (e) The denial, suspension, revocation or limitation of a license or
784784 public or private censure of a licensee may be ordered by the board after
785785 notice and hearing on the matter in accordance with the provisions of the
786786 Kansas administrative procedure act. The board shall also notify the local
787787 law enforcement agency of a disciplinary action. Upon the end of the
788788 period of not less than two years for the revocation of a license,
789789 application may be made to the board for reinstatement. The board shall
790790 have discretion to accept or reject an application for reinstatement and may
791791 hold a hearing to consider such reinstatement. An application for
792792 reinstatement of a revoked license shall be accompanied by the license
793793 reinstatement fee established under section 9, and amendments thereto.
794794 (f) The board, in addition to any other penalty prescribed in
795795 subsection (a), may assess a civil fine, after proper notice and an
796796 opportunity to be heard, against a licensee for unprofessional conduct in an
797797 amount not to exceed $1,000 for the first violation, $2,000 for the second
798798 violation and $3,000 for the third or subsequent violation. All fines
799799 assessed and collected under this section shall be remitted to the state
800800 treasurer in accordance with the provisions of K.S.A. 75-4215, and
801801 amendments thereto. Upon receipt of each such remittance, the state
802802 treasurer shall deposit the entire amount in the state treasury to the credit
803803 of the state general fund.
804804 (g) The board, upon request, shall receive from the Kansas bureau of
805805 investigation such criminal history record information relating to arrests
806806 and criminal convictions as necessary for the purpose of determining
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850850 initial and continuing qualifications of licensees and applicants for
851851 licensure by the board.
852852 Sec. 12. Except as provided in section 10(f)(3) and section 11(f), and
853853 amendments thereto, the board shall remit all moneys received from fees,
854854 charges or penalties under the massage therapist licensure act to the state
855855 treasurer in accordance with the provisions of K.S.A. 75-4215, and
856856 amendments thereto. Upon receipt of each such remittance, the state
857857 treasurer shall deposit the entire amount in the state treasury, and 10% of
858858 each such remittance shall be credited to the state general fund and the
859859 balance shall be credited to the healing arts fee fund. All expenditures from
860860 such fund shall be made in accordance with appropriation acts upon
861861 warrants of the director of accounts and reports issued pursuant to
862862 vouchers approved by the president of the board or by an individual
863863 designated by the president of the board.
864864 Sec. 13. A local unit of government shall not establish or maintain
865865 professional licensing requirements for a massage therapist licensed under
866866 the massage therapist licensure act. Nothing in the massage therapist
867867 licensure act shall affect local zoning requirements. Local government law
868868 enforcement agencies may inspect massage therapy registrations and the
869869 business premises where massage therapy is practiced for compliance with
870870 applicable laws. Nothing in this section shall be construed to preclude
871871 criminal prosecution for a violation of any criminal law. If such inspection
872872 reveals the practice of massage therapy by an individual without a valid
873873 license, the individual may be charged with a violation of section 6(b), and
874874 amendments thereto, and the board shall be notified.
875875 Sec. 14. (a) When it appears to the board that any individual is
876876 violating any of the provisions of the massage therapist licensure act, the
877877 board may bring an action in a court of competent jurisdiction for an
878878 injunction against such violation without regard to whether proceedings
879879 have been or may be instituted before the board or whether criminal
880880 proceedings have been or may be instituted.
881881 (b) The provisions of this section shall take effect on and after
882882 September 1, 2025.
883883 Sec. 15. All state agency adjudicative proceedings under the massage
884884 therapist licensure act shall be conducted in accordance with the
885885 provisions of the Kansas administrative procedure act and shall be
886886 reviewable in accordance with the Kansas judicial review act.
887887 Sec. 16. Professional liability insurance coverage shall be maintained
888888 in effect by each massage therapist as a condition to rendering professional
889889 service as a massage therapist in this state. An applicant for initial or
890890 renewal licensure shall provide proof to the board that the applicant
891891 currently has professional liability insurance with minimum coverage of
892892 $2,000,000 per claim and $6,000,000 in aggregate.
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936936 Sec. 17. On July 1, 2023, nothing in the massage therapist licensure
937937 act or in the provisions of K.S.A. 40-2,100 through 40-2,105d, and
938938 amendments thereto, shall be construed to require that any individual,
939939 group or blanket policy of accident and sickness, medical or surgical
940940 expense insurance coverage or any provision of a policy, contract, plan or
941941 agreement for medical service issued on or after July 1, 2023, reimburse or
942942 indemnify an individual licensed under the massage therapist licensure act
943943 for services provided as a massage therapist.
944944 Sec. 18. This act shall take effect and be in force from and after its
945945 publication in the statute book.
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