DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 531 Reengrossed 2021 Regular Session Pressly
Abstract: Revises laws providing further duties and functions of the La. Board of Massage
Therapy.
Proposed law mandates the Louisiana Board of Massage Therapy to submit fingerprint cards and
other identifying information of persons seeking licensure to the bureau and requires the bureau to,
upon receipt of the fingerprints and other identifying information, produce all conviction information
contained within its criminal history record and identification files.
Proposed law mandates that the fingerprints obtained by the Louisiana Board of Massage Therapy
be forwarded to the Federal Bureau of Investigation from the bureau in order to have a nation-wide
criminal history record check performed.
Present law provides that the practice of massage therapy may include the use of lubricants such as
salts, powders, liquids, creams with the exception of prescriptive or medicinal creams, heat lamps,
hot and cold stones, whirlpool, hot and cold packs, salt glow, body wraps, or steam cabinet baths.
Proposed law clarifies present law and states that the practice of massage therapy may include, with
appropriate training, the use of lubricants such as salts, powders, liquids, creams with the exception
of prescriptive or medicinal creams, heat lamps, hot and cold stones, whirlpool, hot and cold packs,
salt glow, body wraps, or steam cabinet baths, certain electromechanical devices.
Present law provides that electrotherapy shall not be identified as a practice of massage therapy.
Proposed law deletes present law and adds that ultrasound, the use of electrical muscle stimulation,
or transcutaneous electrical nerve stimulation shall not be identified as a practice of massage therapy.
Present law provides that a license for massage therapist shall not be applied to the following:
(1)Persons who are licensed, registered, or certified in another state, territory, the District of
Columbia, or a foreign country when incidentally present in the state to teach a course of
instruction related to massage and bodywork therapy as a continuing education course.
(2) Persons giving massage and bodywork to their immediate family without compensation. (3)Persons incidentally present in the state to provide services as part of an emergency response
team working in conjunction with relief officials during a disaster, provided such persons are
properly licensed in the state from which they originate.
Further provides that notwithstanding the provisions of present law, a person who is licensed or
certified in this state under any other provision of present law shall not be prevented or restricted
from engaging in the profession for which he is licensed and which he may provide massage or
bodywork therapy to a person.
Proposed law retains present law and adds that a person licensed or certified in this state under any
other provision of present law shall not hold himself out to the public as a licensed or certified
massage therapist pursuant to present law.
Present law sets forth the powers and duties of the board.
Present law provides that the board shall adopt and revise rules and regulations pursuant to the
Administrative Procedure Act for the purpose of administering the provisions of present law.
Proposed law retains present law and adds that such rules and regulations shall be promulgated
within 120 days following any new changes to provisions of present law.
Proposed law retains present law and adds additional powers and duties to the board. Those powers
and duties include the following:
(1) Prioritize inspections and incorporate risk factors for complaints made to the board regarding
any unlicensed activity by massage therapists or massage establishments.
(2)Utilize all legally available news outlets to identify unauthorized activity of a massage
therapist or massage establishment.
(3) Evaluate the performance of inspection contractors who inspect massage establishments.
(4) Include a list of observations for inspections to determine if a massage establishment is
operating as a sexually oriented business.
(5) Develop a process to identify any unlicensed activity of a person who is not licensed by the
board.
(6) Develop a process to review all complaints made to the board.
(7)Develop a process to monitor massage establishments who have been notified to cease
operations in accordance with present law.
(8) Develop guidance to follow a consistent and objective approach and properly protect the
public unqualified licensees when massage therapists are discipline in accordance with present law.
(9) Submit the names of new applicants for licensure to the La. Bureau of Criminal Identification
and Information within the Dept. of Public Safety and Corrections to conduct state and
federal criminal background checks. Further provides that the Louisiana Bureau of Criminal
Identification may charge the board a fee in accordance with present law (R.S.15:587) for
conducting and reporting a search.
Present law provides that a person who holds a valid, current, and unexpired license or registration
to engage in the practice of massage therapy in another state, territory, commonwealth, or the District
of Columbia and has maintained the standards and requirements of practice and licensure or
registration that substantially conform to the requirements enforced in this state shall not have to pay
the application fee and submit evidence satisfactory to the board to become licensed in this state.
Proposed law retains present law and adds that the board shall verify the validity of the documents
submitted with that state's licensing or registration agency and obtain any transcript information
directly from the school identified by the applicant.
Present law provides that the board shall issue a license to each person who meets the qualifications
and submit payment to obtain such license. Further provides that the license will be identified as a
Licensed Massage Therapist Identification Card.
Proposed law retains present law and adds that the license shall be issued and delivered by United
States Postal Service or other nonelectronic delivery options to the licensee and that the license shall
contain an anti-copy watermark or lamination.
Present law provides that a licensee has to renew his license annually and meet the continuing
education requirements provided for in the Administrative Procedure Act.
Proposed law retains present law and states that any excess continuing education credits may only
be applied to the year following a licensee satisfying the renewal requirements. Further provides that
proposed law shall become effective with the renewal cycle of April 1, 2022.
Proposed law further requires renewing applicants to submit to state and federal background checks.
Present law sets forth the grounds for and methods of discipline of a licensee and by the board.
Proposed law adds the board shall perform a review of any massage therapist that has been
disciplined in accordance with present law within one calendar year of the infraction or reinstatement
of license. The board shall immediately suspend a license pending a disciplinary hearing for any
review of a massage therapist which reveal any violations of present law.
Further provides the board shall also perform an inspection of any massage establishment that has
been disciplined in accordance with present law within one calendar year of the infraction or reinstatement of license. The board shall immediately suspend a license or registration of an
establishment for failure of a follow-up inspection.
Proposed law adds to present law that the board shall impose a fine or penalty on massage
establishments who continue to operate without a license. The board shall promulgate in rule the
amount of the fine or penalty to be incurred.
Proposed law provides that the board shall conduct training for its board members, staff, and contract
inspectors on how to identify human trafficking. Further provides that the board shall coordinate
with law enforcement agencies or other stakeholders to help address any activity related to human
trafficking in the massage industry.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:3552(10), 3553(C), 3555(A)(4), 3556(A)(6), (B)(introductory paragraph) and (2),
and (D), 3561(A), and 3562 (A)(1)-(3); Adds R.S. 15:587(A)(1)(K), R.S. 37:3555(A)(6) through
(14), 3556(B)(3), and 3563(E) through (G) and 3568; Repeals R.S. 37:3562(A)(8) and (B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Require persons seeking licensure from the Louisiana Board of Massage Therapy to
submit fingerprints and other identifying information to the Louisiana Bureau of
Criminal Identification and Information and the Federal Bureau of Investigation.
2. Delete proposed law and add utilizing legally available news outlets as resources to
identify unauthorized activities of massage therapists and establishments.
3. Mandate a 120-day prescriptive period for promulgation of rules by the board.
4. Revise the criminal background check procedures enforced by the Louisiana Bureau of
Criminal Identification and Information.
5. Add proposed law establishing a license renewal cycle commencement date on April 1,
2022.
6. Add proposed law renewal cycle commencement date on April 1, 2022.
7. Revise proposed law requiring the board to monitor the performance of inspection
contractors to instead require the board evaluate the performance of such contractors.
8. Delete "micro-current devices" from proposed law and add language regarding the use
of non-prescriptive, off-the-shelf commercially available electromechanical devices as forms of massage therapy.
9. Add language regarding electrical muscle stimulation, or transcutaneous electrical nerve
stimulation, except micro-current as treatments that are not considered massage therapy.
10.Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Add proposed law requiring applicants for renewal to submit to state and federal
background checks.
2. Remove proposed law revising fee amounts associated with the original massage
therapist license fee, annual license renewal fee, and applications fees.
3. Make technical changes.