Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H350 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3152 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 350
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to protecting the lineages of Asian bodywork therapies.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/20/2023Brian W. Murray10th Worcester2/3/2023 1 of 15
16	16	HOUSE DOCKET, NO. 3152 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 350
18	18	By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 350) of
19	19	David Henry Argosky LeBoeuf and Brian W. Murray for legislation to establish a board of
20	20	registration of Asian bodywork therapy. Consumer Protection and Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to protecting the lineages of Asian bodywork therapies.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. MGL Chapter 147 is hereby amended to include after Section 62 the
30	30	2following subsection:-
31	31	3 (a) There shall be within the division of occupational licensure a board of registration of
32	32	4Asian Bodywork Therapy. The board shall consist of 5 members who shall be appointed by the
33	33	5governor for terms of 3 years chosen from a list of recommended individuals submitted by the
34	34	6American Organization for Bodywork Therapies of Asia (AOBTA®) Massachusetts Chapter or
35	35	7COSP approved school, the National Certification Commission for Acupuncture and Oriental
36	36	8Medicine (NCCAOM)® any other board-approved professional traditional Asian therapy
37	37	9organization or institution engaged in teaching traditional Asian healing therapies, 3 of whom
38	38	10shall be licensed Asian Bodywork Therapists who have been actively engaged in the practice of
39	39	11Asian Bodywork Therapy in the commonwealth for not less than 3 years immediately before
40	40	12their appointments, 1 of whom shall be an individual who is or has been actively engaged in the 2 of 15
41	41	13operation of a licensed Asian Bodywork Therapy school; and 1 of whom shall be a consumer
42	42	14who is familiar with the Asian Bodywork Therapists or comparable Traditional Asian Healing
43	43	15Therapy fields.
44	44	16 (b) of the initial members appointed to the board, 2 shall serve for terms of 3 years, 2
45	45	17shall serve for terms of 2 years and 1 shall serve for terms of 1 year. Each member of the board
46	46	18shall hold office until his successor has been appointed. A vacancy in the membership of the
47	47	19board shall be filled for the unexpired term in the manner provided for the original appointment.
48	48	20A member may be removed by the governor for cause.
49	49	21 (c) The board shall at its first meeting and, annually thereafter, elect from among its
50	50	22members, by majority vote, a chairman, vice-chairman and secretary. The board shall meet at
51	51	23least once every 3 months and may hold additional meetings as necessary to discharge its duties.
52	52	24Members shall receive no compensation but shall be entitled to reasonable travel expenses.
53	53	25 SECTION 2. MGL Chapter 147 is hereby amended to include after Section 62 the
54	54	26following subsection:-
55	55	27 (a) The board shall: (i) administer and enforce sections outlined in this bill; (ii) adopt
56	56	28rules and regulations governing the licensure of Asian Bodywork Therapists, the practice of
57	57	29Asian Bodywork Therapy and the operation of Asian Bodywork Therapy schools and programs
58	58	30to promote public health, welfare and safety; (iii) establish standards of professional and ethical
59	59	31conduct (iv) establish standards for continuing education; and (v) investigate complaints, conduct
60	60	32inspections, review billing and treatment records and set and administer penalties for fraudulent,
61	61	33deceptive or professionally incompetent and unsafe practices and for violations of rules and
62	62	34regulations promulgated by the board. 3 of 15
63	63	35 (b) The board shall make available to the public a list of licensed Asian Bodywork
64	64	36Therapists as well as a list of each licensed and board-approved facility under its jurisdiction.
65	65	37The board shall establish by regulation a code of ethics.
66	66	38 (c) The board shall adopt rules and regulations to differentiate among varying scopes of
67	67	39practice within Asian Bodywork Therapy, to ensure that an Asian Bodywork Therapist operates
68	68	40within the authorized scope of practice for which the Asian Bodywork Therapist has
69	69	41demonstrated satisfactory competency to the board; provided that the board shall require no more
70	70	42than one application for any applicant seeking to practice multiple disciplines under its
71	71	43jurisdiction. The board shall host at least 1 public session to solicit information from qualifying
72	72	44Asian Bodywork Therapists to inform the rules and regulations.
73	73	45 (d) The board shall adopt policies and procedures to evaluate and approve out of state
74	74	46schools and programs for licensure, continuing education and grandfathering.
75	75	47 SECTION 3. As used in this section and sections [1-14], inclusive, the following words
76	76	48shall, unless the context requires otherwise, have the following meanings:-
77	77	49 ''Board'', the board of registration of Asian Bodywork Therapy.
78	78	50 ''Asian Bodywork Therapist'' or ''Asian Bodywork practitioner'', a person licensed by the
79	79	51board who instructs or administers Asian Bodywork or Asian Bodywork Therapy for
80	80	52compensation.
81	81	53 “Asian Bodywork Therapy”, the practice of a person who applies Chinese medical
82	82	54principles in the evaluation and treatment of the body, mind, emotions and spirit, including the
83	83	55electromagnetic or energetic field, which surrounds, infuses and brings that body to life. Asian 4 of 15
84	84	56Bodywork Therapy uses traditional Asian techniques and treatment strategies, primarily to affect
85	85	57and balance the energetic system for the promotion, maintenance and restoration of health. Asian
86	86	58Bodywork Therapy is one of the three professional branches of Chinese Medicine nationally
87	87	59recognized by the National Certification Commission for Acupuncture and Oriental Medicine
88	88	60(NCCAOM). ABT assessment and treatment may include, but is not limited to: touching,
89	89	61stretching, pressing or holding meridians and/or acu-points, primarily with the hands.
90	90	62Appropriately trained practitioners may also use external application of medicinal plants, heat or
91	91	63cold; meditation, dietary, lifestyle and exercise suggestions/recommendations; cupping; gua sha;
92	92	64moxibustion and other adjunct therapies, techniques or practices.
93	93	65 “Asian Bodywork Therapy (ABT) shall not include diagnoses, the prescribing of drugs or
94	94	66medicines, any services or procedures outside of the scope of traditional Asian healing therapy
95	95	67and/or for which a license to practice medicine, or podiatry is required by law.
96	96	68 “Asian Bodywork Therapy intern'', an Asian Bodywork Therapy student engaged in
97	97	69practical training of Asian Bodywork Therapy on human subjects in an Asian Bodywork
98	98	70Therapy internship program approved by the board of Asian Bodywork Therapy.
99	99	71 “Licensed or Board-Approved School or Program”, a school or program of instruction in
100	100	72Asian Bodywork Therapy that meets or exceeds the national education standards set by the
101	101	73American Organization for Bodywork Therapies of Asia (AOBTA®), their successor
102	102	74organizations and/or board approved organizations, other state or federal agency or department
103	103	75and/or after meeting minimum standards as determined by using the CIP Code 51.3502 Title:
104	104	76Asian Bodywork Therapy. Board-Approved Schools and Programs include, but are not limited to
105	105	77members of the AOBTA® Council of Schools and Programs (AOBTA®-COSP). 5 of 15
106	106	78 ''Licensed or Board-Approved Asian Bodywork Therapy establishment'', a place, office,
107	107	79clinic, or facility licensed by the board to offer Asian Bodywork Therapy services.
108	108	80 SECTION 4. MGL Chapter 147 is hereby amended to include after Section 62 the
109	109	81following subsection:-
110	110	82 (a) No person shall hold themselves out to others as an Asian Bodywork Therapist or
111	111	83Practitioner, practice Asian Bodywork Therapy, unless the person holds a valid license issued in
112	112	84accordance with this chapter. A person licensed to practice Asian Bodywork Therapy shall not
113	113	85perform: (i) diagnosis of illness or disease; (ii) application of ultrasound; (iii) prescription of
114	114	86medicines.
115	115	87 (b) The following practitioners shall be exempt from the licensure requirements of this
116	116	88section:
117	117	89 (i) a person who: (A) is otherwise licensed, certified or registered under the General
118	118	90Laws; (B) is performing services within the person’s authorized scope of practice; and (C) does
119	119	91not hold the person’s self out to be an Asian Bodywork Therapist.
120	120	92 (ii) a person who is duly licensed, registered, certified or operating legally in another
121	121	93state, territory, the District of Columbia or a foreign country when temporarily called into the
122	122	94commonwealth to teach a course related to Asian Bodywork Therapy or to consult with a person
123	123	95licensed as an Asian Bodywork Therapist under this chapter;
124	124	96 (iii) a student of Asian Bodywork Therapy who is enrolled in a licensed or board-
125	125	97approved school or program for Asian Bodywork Therapy and is performing work as a required
126	126	98component of the student’s course of study at such school, including supervised internships; 6 of 15
127	127	99provided, however, that the student shall not hold the student’s self out as a licensed Asian
128	128	100Bodywork Therapist under this chapter and shall not receive compensation for the work;
129	129	101 (iv) a person giving Asian Bodywork Therapy to a member of that person’s immediate
130	130	102family for which the person received no compensation;
131	131	103 (v) a person, duly licensed, registered or certified in another state, territory, the District of
132	132	104Columbia or a foreign country who is incidentally in the commonwealth to provide service as
133	133	105part of an emergency response team working in conjunction with disaster relief officials; and
134	134	106 (vi) a person giving Asian Bodywork Therapy in a sporting, health or other event,
135	135	107whether on a single day or on consecutive days, that is non-compensatory and under the
136	136	108supervision of a licensed Asian Bodywork Therapist.
137	137	109 (c) Nothing in this Act prohibits a person from engaging in the personal practice,
138	138	110instruction, or clinical application of Qigong or self-improvement exercises and meditations that
139	139	111are not specifically defined in this Act.
140	140	112 (d) Nothing in this Act prohibits a person from engaging in a profession not specifically
141	141	113named or defined within this Act.
142	142	114 SECTION 5. MGL Chapter 147 is hereby amended to include after Section 62 the
143	143	115following subsection:-
144	144	116 (a) A person who desires to engage in the practice of Asian Bodywork Therapy shall
145	145	117apply on a form furnished by the board that shall be signed and sworn to by the applicant. Each
146	146	118application shall be accompanied by payment of the fee prescribed by the executive office for
147	147	119administration and finance pursuant to this Act. Upon submission of a completed application to 7 of 15
148	148	120the board and the payment of the required fee, the board may issue a license to practice as an
149	149	121Asian Bodywork Therapist to an applicant who: (i) has obtained a high school diploma or its
150	150	122equivalent; (ii) is 18 years of age or older; (iii) has submitted 2 professional letters of reference,
151	151	123with at least 1 being from an employer or professional in the Asian Bodywork Therapy or
152	152	124holistic healthcare or medical field; (iv) is of good moral character, as determined by the
153	153	125discretion of the board; (v) (1) has successfully completed a course of study or supervised
154	154	126instruction at a licensed or board-approved Asian Bodywork Therapy school or program that has
155	155	127been determined appropriate by the board; or (2) has had a legal, professional Asian Bodywork
156	156	128Therapy practice in another jurisdiction for no less than 10 years prior to the passage date of this
157	157	129Act and has maintained professional liability insurance without incident; and, either has
158	158	130maintained a relationship as a professional ABT practitioner through the American Organization
159	159	131for Bodywork Therapies of Asia®, the National Certification Commission for Acupuncture and
160	160	132Oriental Medicine, or comparable organization approved by the Board; or, can prove completion
161	161	133of apprenticeship training or provide a certificate of completion of training, or demonstrate
162	162	134competency to the satisfaction of the board; and (vi) provides proof of professional liability
163	163	135coverage; and (vii) demonstrates the professional competence that may be required by the
164	164	136board's regulations. The board shall require no more than one application for any applicant
165	165	137seeking to practice multiple disciplines under its jurisdiction; provided, that said applicant can
166	166	138demonstrate competency in each discipline as determined by the board; provided further, that the
167	167	139board shall collect one fee per application.
168	168	140 (b) The commissioner of the division of professional licensure shall determine the
169	169	141renewal cycle and renewal period for Asian Bodywork Therapy licenses. Each person licensed in
170	170	142accordance with these sections shall apply to the board for renewal of the person’s license not 8 of 15
171	171	143later than the expiration date, as determined by the board unless the license was revoked,
172	172	144suspended or canceled earlier by the board as a result of a disciplinary proceeding instituted
173	173	145pursuant to this chapter. Applications for renewal shall be made on forms approved by the board
174	174	146and accompanied by payment of a renewal fee, as prescribed by the executive office for
175	175	147administration and finance pursuant to previous statutes provided, however, that the fee shall not
176	176	148be less than $100.
177	177	149 (c) As a condition of license renewal, a licensed Asian Bodywork Therapist shall furnish
178	178	150the board with satisfactory proof that the licensee: (i) has professional liability coverage; and (ii)
179	179	151 Upon satisfactory compliance with the licensing requirements for Asian Bodywork
180	180	152Therapists the board shall issue a renewal license showing that the holder is entitled to be
181	181	153licensed for the renewal period. The board may provide for the late renewal of a license that has
182	182	154lapsed and may require payment of a late fee.
183	183	155 SECTION 6. MGL Chapter 147 is hereby amended to include after Section 62 the
184	184	156following subsection:-
185	185	157 The board may provide reciprocal licenses for registered, certified or licensed Asian
186	186	158Bodywork Therapists from other jurisdictions if the standards of registration, certification or
187	187	159licensure in their jurisdictions are reasonably equivalent to those set forth in previous sections
188	188	160The board shall adopt rules and regulations for the implementation of this section. The fee for a
189	189	161reciprocal license shall be prescribed by the executive office of administration and finance
190	190	162pursuant to previous statutes and shall not be less than $100. An applicant shall not be granted
191	191	163reciprocity if his license to practice is revoked or suspended by any other jurisdiction. The board,
192	192	164subject to a vote of the majority of its members, may revoke a license if the license, certificate, 9 of 15
193	193	165registration or authority issued by another state or territory of the United States, the District of
194	194	166Columbia, or a foreign state or nation is revoked, canceled, suspended, or otherwise acted
195	195	167against, or if the holder has been disciplined in that jurisdiction, if the basis for the action would
196	196	168constitute a basis for disciplinary action in the commonwealth.
197	197	169 SECTION 7. MGL Chapter 147 is hereby amended to include after Section 62 the
198	198	170following subsection:-
199	199	171 The board may grant a license to an applicant for an Asian Bodywork Therapist license
200	200	172who: (i) (A) provides documentation, acceptable to the board, that demonstrates that the
201	201	173applicant has met the requirements sets forth in previous statutes, provided an appropriate
202	202	174number of hours of bodyworks therapy, as determined by the board, to members of the public for
203	203	175compensation; (B) has been authorized to practice Asian Bodywork Therapy by the municipal
204	204	176board of health within the commonwealth; provided, however, that the authorization shall be
205	205	177valid not more than 2 years after the date of issuance; (C) provides proof of the successful
206	206	178passage of a board approved examination or certification administered by a national organization
207	207	179listed in statute, or board accredited by the National Commission for Certifying Agencies; or (D)
208	208	180(1) within a period of two years after the effective date of the rules promulgated under this Act,
209	209	181produces proof that he or she has met at least one of the following requirements by the time of
210	210	182application: (2) is a member of the American Organization for Bodywork Therapies of Asia ®
211	211	183(AOBTA®) at a level of membership requiring national competency standards of training,
212	212	184including Certified Practitioner, Registered Instructor or Certified Instructor; or another board
213	213	185approved ABT professional organization, based on a verified minimum level of training,
214	214	186demonstration of competency, and adherence to ethical standards set by their governing body
215	215	187approved by the Board; or (3) has practiced any of the Asian Bodywork Therapy as listed 10 of 15
216	216	188Section 11 for at least 10 years prior to the passage date of this Act; and at least one of the
217	217	189following; has maintained professional liability insurance without incident, or can provide a
218	218	190certificate of completion of training, or prove completion of apprenticeship training, or
219	219	191demonstrate competency to the satisfaction of the board; or (4) is currently certified by the
220	220	192National Certification Commission for Acupuncture and Oriental Medicine® as a Diplomate in
221	221	193Asian Bodywork Therapy [Dipl. ABT (NCCAOM)®]; or (2) An individual who has practiced
222	222	194Asian Bodywork Therapy for a minimum of one year prior to the passage date of this Act, but
223	223	195has not less than 200 hours of formal Traditional Asian Healing Therapies training, may be
224	224	196issued a provisional license under this Section, but with additional training must meet the
225	225	197national recognized competency standards, or become professionally certified with a board-
226	226	198approved ABT organization within 5 years of the approved application; and (ii) submits a
227	227	199completed application and pays the necessary fee prescribed by the executive office for
228	228	200administration and finance (iii) is of good moral character, as determined by the discretion of the
229	229	201board; and (iv) provides proof of professional liability coverage.
230	230	202 SECTION 8. MGL Chapter 147 is hereby amended to include after Section 62 the
231	231	203following subsection:-
232	232	204 (a) The board shall conduct inspections and investigate all complaints filed that relate to
233	233	205the proper practice of Asian Bodywork Therapy, the operation of an Asian Bodywork Therapy
234	234	206facility and any violation of sections of this statute inclusive, or a rule or regulation of the board.
235	235	207Such a complaint may be brought by any person or the board may, on its own, initiate a
236	236	208complaint. 11 of 15
237	237	209 (b) The board shall be under the supervision of the division of professional licensure and
238	238	210shall have all the authority conferred in Mass General Law inclusive. For the purposes of this
239	239	211section and additional sections, conduct that places into question the holder's competence to
240	240	212practice Asian Bodywork Therapy or operate an Asian Bodywork Therapy facility shall include,
241	241	213but not be limited to: (i) committing fraud or misrepresentation in obtaining a license; (ii)
242	242	214criminal conduct that the board determines to be of such a nature as to render the person unfit to
243	243	215practice as a licensed Asian Bodywork Therapist to operate a licensed Asian Bodywork Therapy
244	244	216facility, as evidenced by criminal proceedings that resulted in a conviction, guilty plea or plea of
245	245	217nolo contendere or an admission of sufficient facts; (iii) violating any rule or regulation of the
246	246	218board; (iv) failing to cooperate with the board or its agents in the conduct of an inspection or
247	247	219investigation; (v) failing to fulfill any continuing education requirements set out by the board;
248	248	220(vi) violating an ethical standard that the board determines to be of such a nature as to render the
249	249	221person unfit to practice as an Asian Bodywork Therapist or to operate a licensed Asian
250	250	222Bodywork Therapy facility, including, but not limited to: (A) inappropriate conduct or touching
251	251	223in the practice of Asian Bodywork Therapy; (B) offering medical diagnosis; or (C) negligence in
252	252	224the course of professional practice.
253	253	225 The board may issue an order to a licensee directing the licensee to cease and desist from
254	254	226unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the
255	255	227licensee has engaged in such conduct.
256	256	228 (c) An Asian Bodywork Therapist whose license to practice is suspended for more than 1
257	257	229year for professional misconduct with regard to insurance claims shall not own, operate, practice
258	258	230in or be employed by another healthcare practice or practitioner, in any capacity, until the license
259	259	231is reinstated by the board. An Asian Bodywork Therapist whose license is suspended for a 12 of 15
260	260	232second offense with regard to insurance claims shall have the license permanently revoked and
261	261	233may not own, operate, practice in or be employed by a business that provides healthcare.
262	262	234 (d) Nothing in this section shall limit the board's authority to impose sanctions by consent
263	263	235agreements that are considered reasonable and appropriate by the board. A person aggrieved by a
264	264	236disciplinary action taken by the board pursuant to this section or this Act, may file a petition for
265	265	237judicial review.
266	266	238 SECTION 9. MGL Chapter 147 is hereby amended to include after Section 62 the
267	267	239following subsection:-
268	268	240 The board shall establish standards to be met by the Asian Bodywork Therapist schools
269	269	241and programs. The board shall approve the Asian Bodywork Therapy school and program
270	270	242curricula, training, facilities and instructors based upon nationally recognized standards of each
271	271	243discipline. A school or program shall not teach Asian Bodywork Therapy without prior approval
272	272	244by the board unless licensed by the division of professional licensure or other state or federal
273	273	245agency or department.
274	274	246 SECTION 10. MGL Chapter 147 is hereby amended to include after Section 62 the
275	275	247following subsection:-
276	276	248 The board shall adopt regulations necessary to ensure the safe and lawful practice of
277	277	249Asian Bodywork Therapy. Every person receiving a license from the board shall conspicuously
278	278	250display the license in his place of business.
279	279	251 SECTION 11. MGL Chapter 147 is hereby amended to include after Section 62 the
280	280	252following subsection:- 13 of 15
281	281	253 (a) Only a person duly licensed under this chapter shall be designated as an Asian
282	282	254Bodywork Therapist (ABT) and entitled to use the terms “Asian Bodywork Therapist”, “Asian
283	283	255Bodywork Practitioner” and their abbreviations or derivations, or any specific titles,
284	284	256abbreviations or derivations of Asian Bodywork Therapy forms when advertising or printing
285	285	257promotional material. A person who uses such a term in the person’s professional title without
286	286	258being authorized to do so shall be subject to discipline by the board. A person who: (i)
287	287	259knowingly aids and abets another to use such a term when the person is not authorized to do so;
288	288	260or (ii) knowingly employs a person not authorized to use such a term in the course of the
289	289	261employment, shall be subject to a disciplinary proceeding before the board.
290	290	262 Nothing in this section shall prohibit a licensed Asian Bodywork Therapist from using
291	291	263terms reflecting a specific discipline for which they are authorized by the board to practice when
292	292	264advertising or printing promotional material; provided further, that such protected Asian
293	293	265Bodywork Form-specific titles shall include, but not be limited to, Asian Bodywork Therapy,
294	294	266Acupressure, Amma, AMMA Therapy®, Chi Nei Tsang, Five Element Shiatsu, Integrative
295	295	267Eclectic Shiatsu, Japanese Shiatsu, Jin Shin Do® Bodymind Acupressure®, Jin Shou Tuina™,
296	296	268Macrobiotic Shiatsu, Okazaki Restorative Therapy, Pacific and Asian Restoration Therapies of
297	297	269Dan Zan Ryu (P.A.R.T. of DZR), Shiatsu, Shiatsu Anma Therapy, Tuina (Tui Na), and Zen
298	298	270Shiatsu.
299	299	271 It shall be a violation of this chapter for a person to advertise: (i) as an Asian Bodywork
300	300	272Therapist or Asian Bodywork Therapy facility unless the person has an employee who holds a
301	301	273valid license under this chapter; (ii) by combining advertising for a licensed Asian Bodywork
302	302	274Therapy service with escort or dating services; (iii) as performing Asian Bodywork Therapy in a
303	303	275form in which the person has not received training or of a type that is not licensed or otherwise 14 of 15
304	304	276recognized by law or administrative rule; or (iv) by using any term other than “Asian Bodywork
305	305	277Therapy,” “Asian Bodywork Therapist,” and their form-specific titles and derivations to refer to
306	306	278the service.
307	307	279 As used in this section, the term “advertise” shall include, but not be limited to: (i) the
308	308	280issuance of a card, sign or device to another; (ii) the causing, permitting or allowing of a sign or
309	309	281marking on or in a building, vehicle or structure; (iii) advertising in a newspaper or magazine, on
310	310	282television or through electronic means or online advertising means or forums; (iv) any listing or
311	311	283advertising in a directory under a classification or heading that includes the words “Asian
312	312	284Bodywork Therapist” “Asian Bodywork Therapy”, or any of their form-specific titles and
313	313	285derivations; or (v) a commercial broadcast by airwave transmission.
314	314	286 (b) Any persons who: (i) is otherwise licensed, certified or registered under the law; (ii) is
315	315	287performing services within the person’s authorized scope of practice; and (iii) does not hold the
316	316	288person’s self out to be an Asian Bodywork Therapist shall be exempt from this section.
317	317	289 SECTION 12. MGL Chapter 147 is hereby amended to include after Section 62 the
318	318	290following subsection:-
319	319	291 The board of registration of Asian Bodywork Therapy shall promulgate regulations not
320	320	292more than 180 days after a quorum of the board is appointed.
321	321	293 SECTION 13. MGL Chapter 147 is hereby amended to include after Section 62 the
322	322	294following subsection:-
323	323	295 All orders, rules and regulations duly made and all licenses and approvals duly granted
324	324	296that are in force immediately before the effective date of this Act shall continue in force and shall 15 of 15
325	325	297thereafter be enforced until superseded, revised, rescinded or canceled in accordance with law by
326	326	298the appropriate board.
327	327	299 SECTION 14. MGL Chapter 147 is hereby amended to include after Section 62 the
328	328	300following subsection:-
329	329	301 The board of registration of Asian Bodywork Therapy shall receive applications for
330	330	302licenses not later than 1 year following passage of this act.