Massachusetts 2023 2023-2024 Regular Session

Massachusetts Senate Bill S191 Introduced / Bill

Filed 02/16/2023

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SENATE DOCKET, NO. 2151       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 191
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mark C. Montigny
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act regulating alternative healing therapies.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 18
SENATE DOCKET, NO. 2151       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 191
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 191) of Mark C. Montigny for 
legislation to regulate bodyworks. Consumer Protection and Professional Licensure.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 221 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act regulating alternative healing therapies.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 98 of chapter 13 of the General Laws, as appearing in the 2020 
2Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof 
3the following subsection:-
4 (a) There shall be within the division of professional licensure a board of registration of 
5massage therapy and alternative healing therapies. The board shall consist of 7 members who 
6shall be appointed by the governor for terms of 3 years, 3 of whom shall be licensed massage 
7therapists who have been actively engaged in the practice of massage therapy in the 
8commonwealth for not less than 5 years immediately before their appointments, 2 of whom shall 
9be a licensed alternative healing therapist represented within the advisory council established 
10pursuant to section 99 and who has been actively engaged in the practice of an alternative  2 of 18
11healing therapy in the commonwealth for not less than 5 years immediately before their 
12appointments; 1 of whom shall be a law enforcement representative whose area of focus is 
13human trafficking and 1 of whom shall be a consumer who is familiar with the massage therapy 
14or alternative healing therapy fields. The members shall be residents of the commonwealth and 
15shall be subject to chapter 268A.
16 SECTION 2. Said chapter 13 is hereby further amended by striking out section 99, as so 
17appearing, and inserting in place thereof the following section:-
18 Section 99. (a) The board shall: (i) administer and enforce sections 227 to 235, inclusive, 
19of chapter 112; (ii) adopt rules and regulations governing the licensure of massage therapists, the 
20practice of massage therapy, and the approval and operation of massage schools and to promote 
21public health, welfare and safety; (iii) adopt rules and regulations, in consultation with the 
22advisory council set forth in this section, governing the licensure of alternative healing therapists, 
23the various and distinct practices of alternative healing therapies, and the approval and operation 
24of alternative therapy training and certification programs; (iv) establish standards of professional 
25and ethical conduct for massage therapy; (v) establish standards of professional and ethical 
26conduct for alternative healing therapies that reflecting national, state, or other recognized 
27professional organization or certification standards of each discipline; (vi) establish standards for 
28continuing education reflecting acceptable national, state, or other recognized professional 
29organization or certification standards of each discipline; and (vi) investigate complaints, 
30conduct inspections, review billing and treatment records and set and administer penalties as 
31defined in sections 61 to 65E, inclusive, and sections 232 to 235, inclusive, of said chapter 112 
32for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of 
33rules and regulations promulgated by the board. 3 of 18
34 (b) The board shall make available to the public a list of licensed massage therapists and 
35alternative healing therapists, as well as a list of each licensed facility under its jurisdiction.
36 (c) The board shall 	adopt rules and regulations to define and differentiate among varying 
37scopes of practice within alternative healing therapies, as defined by section 227 of chapter 112, 
38unless otherwise defined by section 227 of chapter 112; provided, that the board shall adopt 
39appropriate licensure restrictions to ensure that an alternative healing therapist operates within 
40the authorized scope of practice for which the alternative healing therapist has demonstrated 
41satisfactory competency to the board; provided further, that the board shall consult with the 
42advisory council set forth in this section to ensure appropriate standards and scopes of practice 
43for alternative healing therapies identified by said council..
44 (d) To inform the standards set forth above, there shall be a Massachusetts alternative 
45healing therapies advisory council to study and make recommendations to the board on the 
46regulation of alternative healing therapies. The council shall consist of licensed alternative 
47healing therapists, as defined in section 227 of chapter 112, who have been actively engaged in 
48the practice of their respective disciplines for not less 	than 3 years immediately before their 
49memberships. The commissioner shall appoint one licensed practitioner of each discipline that 
50expresses an interest to the commissioner in participating on the council which may include but 
51not be limited to Asian bodywork therapy, reflexology, structural integration, the Feldenkrais 
52Method; the Trager Approach; Ayurvedic Therapies; Polarity or Polarity Therapy; Qi Gong; 
53Body/Mind Centering; and Reiki, levels II and above.  4 of 18
54 The commissioner shall, from time to time, designate one of the members as chair of the 
55council. The chair shall serve for no more than 1 year and the position shall rotate among 
56practitioners of each discipline. 
57 Members shall serve on the council for terms of 3 years. Members whose appointments 
58have expired may continue to serve until a replacement is appointed. Members of the council 
59shall not be state employees under chapter 268A by virtue of their service on the council and 
60shall serve without compensation. 
61 (e) The council shall: (i) inform the board on the scope of practice of each discipline and 
62current standards adopted by each discipline’s respective national, state or otherwise recognized 
63professional organization or certification process; (ii) advise on the preparation of regulations 
64under this chapter; (iii) consider all matters submitted to it by the board; (iv) on its own initiative, 
65recommend to the board guidelines, rules and regulations and any changes to guidelines, rules 
66and regulations that the council considers important or necessary for the board’s review and 
67consideration; and (v) advise and make recommendations to the board regarding new and 
68emerging alternative healing therapies that may fall under the scope of the boards’ authority. 
69 SECTION 3. Section 227 of chapter 112 of the General Laws, as so appearing, is hereby 
70amended by inserting after the word “therapy”, in line 4, the following words:- and alternative 
71healing therapies.
72 SECTION 4. Said section 227 of said chapter 112, as so appearing, is hereby further 
73amended by inserting before the definition of “Board”, the following 2 definitions:-
74 “Alternative healing therapist”, a person licensed by the board who instructs or 
75administers an alternative healing therapy or therapies for compensation. 5 of 18
76 “Alternative healing therapy” or “alternative healing therapies”, a series of separate and 
77distinct complementary health practices that include Asian bodywork therapy, bodywork, 
78reflexology, structural integration or Rolfing, and energy and somatic healing practices as 
79identified by the advisory council established pursuant to section 99 of chapter 13; provided 
80further, that alternative healing therapy shall not include diagnoses, the prescribing of drugs or 
81medicines, spinal or other joint manipulations or any services or procedures for which a license 
82to practice medicine, acupuncture, chiropractic, massage therapy, naturopathy, occupational 
83therapy, physical therapy or podiatry is required by law. 
84 “Asian bodywork therapy”, “bodywork” or “bodywork therapy”, the practice of a person 
85who treats the human body/mind/spirit, including the electromagnetic or energetic field, which 
86surrounds, infuses and brings that body to life, by pressure and/or manipulation. Asian 
87Bodywork Therapy is based upon traditional Chinese medicine principles for assessing and 
88evaluating the body’s system of energy (Qi or Ki). Asian Bodywork Therapy uses traditional 
89Asian techniques and treatment strategies primarily to affect and balance the energetic system for 
90the promotion, maintenance and restoration of health. Asian Bodywork Therapy is one of the 
91three professional branches of Chinese Medicine nationally recognized by the National 
92Certification Commission for Acupuncture and Oriental Medicine (NCCAOM). ABT Qi 
93assessment and treatment may include, but is not limited to: touching, stretching, pressing or 
94holding meridians (channels of Qi) and/or acu-points, primarily with the hands. Appropriately 
95trained practitioners may also use external application of medicinal plants, heat or cold; dietary 
96and exercise suggestions; cupping; gua sha; moxibustion and other Asian-based techniques or 
97practices; provided further, that “Asian bodywork therapy”, “bodywork”, or “bodywork therapy” 
98shall not include diagnoses, the prescribing of drugs or medicines, spinal or other joint  6 of 18
99manipulations or any services or procedures for which a license to practice medicine, 
100acupuncture, chiropractic, massage therapy, naturopathy, occupational therapy, physical therapy 
101or podiatry is required by law. 
102 “Energy and somatic healing practices”, a series of separate and distinct alternative 
103healing practices identified by the advisory council established pursuant to section 99 of chapter 
10413 and defined by the board under said section that may include but not be limited to the 
105Feldenkrais Method; the Trager Approach; Ayurvedic Therapies; Polarity or Polarity Therapy; 
106Qi Gong; Body/Mind Centering; and Reiki, levels II and above.
107 SECTION 5. Said section 227 of said chapter 112, as so appearing, is hereby further 
108amended by striking out the definitions of “Licensed massage school” and “Licensed massage 
109therapy salon” and inserting in place thereof the following 2 definitions:-
110 “Licensed massage school” or “licensed alternative healing therapy program”, a facility 
111or program that is licensed by the office of private occupational school education pursuant to 
112section 263 or any other state or federal agency or department after meeting minimum standards 
113for training, facilities, instructors and curriculum as determined by the board in accordance with 
114sections 228 to 235, inclusive. 
115 “Licensed massage therapy facility” or “licensed alternative healing therapy facility”, a 
116place, office, clinic or establishment licensed by the board to offer massage or alternative healing 
117therapy services. 
118 SECTION 6. Said section 227 of said chapter 112, as so appearing, is hereby further 
119amended by inserting after the definition of “Massage therapist”, the following 2 definitions:- 7 of 18
120 “Reflexology”, the use of alternating pressure applied to the reflexes within the reflex 
121maps of the body located on the feet, hands, and outer ears; provided, that “reflexology” shall not 
122include diagnoses, the prescribing of drugs or medicines, spinal or other joint manipulations or 
123any services or procedures for which a license to practice medicine, acupuncture, chiropractic, 
124naturopathy, occupational therapy, physical therapy, massage therapy or podiatry is required by 
125law.
126 “Structural integration” or “Rolfing”, the restoration of postural balance and functional 
127ease by systematically aligning and integrating the human body in gravity; provided, that 
128structural integration may use manipulation of the connective tissue matrix, enhancement of 
129awareness, and education techniques; provided further, that “structural integration” shall not 
130include diagnoses, the prescribing of drugs or medicines, spinal or other joint manipulations or 
131any services or procedures for which a license to practice medicine, acupuncture, chiropractic, 
132naturopathy, occupational therapy, physical therapy, massage therapy or podiatry is required by 
133law.
134 SECTION 7. Said chapter 112, as so appearing, is hereby further amended by inserting 
135after section 227 the following new section:-
136 Section 227A. A city or town may adopt ordinances or by-laws relative to health and 
137safety of the practice of alternative healing therapies not inconsistent with sections 227 to 235, 
138inclusive; provided, however, that local ordinances pertaining to alternative healing therapies in 
139effect prior to the effective date of this Act  and that are consistent with and that may exceed the 
140requirements of said sections 227 to 235, inclusive, may remain in effect. 8 of 18
141 SECTION 8. Said chapter 112 is hereby further amended by striking out section 228, as 
142so appearing, and inserting in place thereof the following section:-
143 Section 228. (a) A person shall not hold the person’s self out to others as a massage 
144therapist or alternative healing therapist or practice massage, massage therapy, or any alternative 
145healing therapy unless the person holds a valid license issued in accordance with this chapter. A 
146person licensed to practice massage or massage therapy or an alternative healing therapy shall 
147not perform: (i) diagnosis of illness or disease; (ii) high velocity, low-amplitude thrust applied to 
148a joint; (iii) electrical stimulation; (iv) application of ultrasound; (v) exercise and prescription of 
149medicines. 
150 (b) The following practitioners shall be exempt from the licensure requirements of this 
151section: 
152 (i) a person who: (A) is otherwise licensed, certified or registered under the General 
153Laws; (B) is performing services within the person’s authorized scope of practice; and (C) does 
154not hold the person’s self out to be a massage therapist, or alternative healing therapist;
155 (ii) a person who is duly licensed, registered or certified in another state, territory, the 
156District of Columbia or a foreign country when temporarily called into the commonwealth to 
157teach a course related to massage therapy or an alternative healing therapy or to consult with a 
158person licensed as a massage therapist or alternative healing therapist or under this chapter; 
159 (iii) a student of massage therapy or an alternative healing therapy who is enrolled in a 
160licensed massage school or alternative healing therapy program for massage or an alternative 
161healing therapy and is performing work as a required component of his course of study at such  9 of 18
162school or program; provided, however, that the student shall not hold the student’s self out as a 
163licensed therapist under this chapter and shall not receive compensation for the work; 
164 (iv) a person giving massage or alternative healing therapy to a member of that person’s 
165immediate family for which the person received no compensation; 
166 (v) a person, duly licensed, registered or certified in another state, territory, the District of 
167Columbia or a foreign country who is incidentally in the commonwealth to provide service as 
168part of an emergency response team working in conjunction with disaster relief officials; and 
169 (vi) a person giving massage or alternative healing therapy in a sporting, health or other 
170event, whether on a single day or on consecutive days, that is non-compensatory and under the 
171supervision of a licensed therapist.
172 SECTION 9. Said chapter 112 is hereby further amended by striking out section 229, as 
173most recently amended by section 74 of chapter 6 of the acts of 2017, and inserting in place 
174thereof the following section:-
175 Section 229. (a) A person who desires to engage in the practice of massage therapy shall 
176apply on a form furnished by the board that shall be signed and sworn to by the applicant. Each 
177application shall be accompanied by payment of the fee prescribed by the executive office for 
178administration and finance pursuant to section 3B of chapter 7. Upon submission of a completed 
179application to the board and the payment of the required fee, the board may issue a license to 
180practice as a massage therapist to an applicant who: (i) has obtained a high school diploma or its 
181equivalent; (ii) is 18 years 	of age or older; (iii) has submitted 2 professional letters of reference, 
182with at least 1 being from an employer or professional in the massage therapy or medical field; 
183(iv) is of good moral character, as determined by the discretion of the board; (v) has successfully  10 of 18
184completed a course of study consisting of not less than 500 classroom hours or an equivalent 
185number of credit hours of supervised instruction at a licensed massage school; (vi) has not been 
186convicted in any jurisdiction of sexually-related crime or a crime involving moral turpitude for 
187the 10 years immediately before the date of application; (vii) provides proof of professional 
188liability coverage; and (viii) demonstrates the professional competence that may be required by 
189the board's regulations.
190 (b) A person who desires to engage in the practice of one or more alternative healing 
191therapies shall apply on a form furnished by the board that shall be signed and sworn to by the 
192applicant. Each application shall be accompanied by payment of the fee prescribed by the 
193executive office for administration and finance pursuant to section 3B of chapter 7. Upon 
194submission of a completed application to the board and the payment of the required fee, the 
195board may issue a license to practice as an alternative healing therapist to an applicant who: (i) 
196has obtained a high school diploma or its equivalent; 	(ii) is 18 years of age or older; (iii) has 
197submitted 2 professional letters of reference, with at least 1 being from an employer or 
198professional in the alternative healing therapy or medical field; (iv) is of good moral character, as 
199determined by the discretion of the board; (v) has successfully completed a course of study, 
200supervised instruction, or certification process reflecting a national, state, or other recognized 
201professional organization standard at a licensed alternative health therapy program that has been 
202determined appropriate by the board; (vi) has not been convicted in any jurisdiction of sexually-
203related crime or a crime involving moral turpitude for the 10 years immediately before the date 
204of application; (vii) provides proof of professional liability coverage; and (viii) demonstrates the 
205professional competence that may be required by the board's regulations. The board shall require 
206no more than one application for any applicant seeking to practice multiple disciplines under its  11 of 18
207jurisdiction; provided, that said applicant can demonstrate competency in each discipline as 
208determined by the board; provided further, that the board shall collect one fee per application.
209 (c) The commissioner of the division of professional licensure shall determine the 
210renewal cycle and renewal period for massage therapy and alternative health therapy licenses. 
211Each person licensed in accordance with these sections shall apply to the board for renewal of 
212the person’s license not later than the expiration date, as determined by the director, unless the 
213license was revoked, suspended or canceled earlier by the board as a result of a disciplinary 
214proceeding instituted pursuant to this chapter. Applications for renewal shall be made on forms 
215approved by the board and accompanied by payment of a renewal fee, as prescribed by the 
216executive office for administration and finance pursuant to section 3B of chapter 7; provided, 
217however, that the fee shall not be less than $100.
218 (d) As a condition of license renewal, a licensed massage therapist or licensed alternative 
219health therapist shall furnish the board with satisfactory proof that the licensee: (i) has not been 
220convicted in any jurisdiction of a sexually-related crime or a crime involving moral turpitude 
221since the original application for licensure; (ii) has professional liability coverage; and (iii) has 
222completed the continuing education requirements that reflect acceptable national, state, or other 
223recognized professional organization or certification standards of each pertinent discipline and 
224have been reviewed and approved by the board. 
225 Upon satisfactory compliance with the licensing requirements for massage therapists or 
226alternative healing therapists and successful completion of the continuing education 
227requirements, the board shall issue a renewal license showing that the holder is entitled to be 
228licensed for the renewal period. The board may provide for the late renewal of a license that has  12 of 18
229lapsed and may require payment of a late fee. All licensing and application fees and 
230administrative fines collected pursuant to sections 227 to 235, inclusive, shall be deposited into 
231the Division of Professional Licensure Trust Fund established in section 35V of chapter 10.
232 SECTION 10. Section 230 of said chapter 112, as appearing in the 2020 Official Edition, 
233is hereby amended by inserting after the word “therapists”, in line 2, the following words:- , or 
234alternative healing therapists.
235 SECTION 11. Said chapter 112 is hereby further amended by striking out section 231, as 
236so appearing, and inserting in place thereof the following section:-
237 Section 231. The board may grant a license to an applicant for an alternative healing 
238therapist license who: (i) (A) provides documentation, acceptable to the board, that demonstrates 
239that the applicant has provided an appropriate number of hours of an alternative healing therapy, 
240as determined by the board, to members of the public for compensation; (B) has been authorized 
241to practice an alternative healing therapy by the municipal board of health within the 
242commonwealth; provided, however, that the authorization shall be valid not more than 2 years 
243after the date of application; or (C) provides proof of the successful passage or compliance with a 
244training or certification process reflecting a national, state, or other recognized professional 
245organization standard acceptable to the board; (ii) submits a completed application and pays the 
246necessary fee prescribed by the executive office for administration and finance pursuant to 
247section 3B of chapter 7; (iii) is of good moral character, as determined by the discretion of the 
248board; and (iv) provides proof of professional liability coverage.
249 SECTION 12. Said chapter 112 is hereby further amended by striking out section 232, as 
250so appearing, and inserting in place thereof the following section:- 13 of 18
251 Section 232. (a) The board shall conduct inspections and investigate all complaints filed 
252that relate to the proper practice of massage therapy or alternative healing therapy, the operation 
253of a massage therapy or alternative healing therapy facility and any violation of sections 227 to 
254235, inclusive, or a rule or regulation of the board. Such a complaint may be brought by any 
255person or the board may, on its own, initiate a complaint.
256 (b) The board shall be under the supervision of the division of professional licensure and 
257shall have all the authority conferred under sections 61 to 65E, inclusive. For the purposes of this 
258section and sections 61 to 65E, inclusive, conduct that places into question the holder's 
259competence to practice massage therapy or an alternative healing therapy or operate a massage or 
260alternative healing therapy facility shall include, but not be limited to: (i) committing fraud or 
261misrepresentation in obtaining a license; (ii) criminal conduct that the board determines to be of 
262such a nature as to render the person unfit to practice as a licensed massage therapist or 
263alternative healing therapist or to operate a licensed massage therapy or alternative healing 
264therapy facility, as evidenced by criminal proceedings that resulted in a conviction, guilty plea or 
265plea of nolo contendere or an admission of sufficient facts; (iii) violating any rule or regulation 
266of the board; (iv) failing to cooperate with the board or its agents in the conduct of an inspection 
267or investigation; (v) failing to fulfill any continuing education requirements set out by the board; 
268(vi) violating an ethical standard that the board determines to be of such a nature as to render the 
269person unfit to practice as a massage therapist or alternative healing therapist or to operate a 
270licensed massage therapy or alternative healing therapy facility, including, but not limited to: (A) 
271inappropriate conduct or touching in the practice of massage therapy or alternative healing 
272therapy; (B) offering medical opinion or diagnosis; or (C) negligence in the course of 
273professional practice. 14 of 18
274 The board may issue an order to a licensee directing the licensee to cease and desist from 
275unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the 
276licensee has engaged in such conduct.
277 (c) A massage therapist or alternative healing therapist whose license to practice is 
278suspended for more than 1 year for professional misconduct with regard to insurance claims shall 
279not own, operate, practice in or be employed by another massage therapist, alternative healing 
280therapist or a physical therapist or chiropractor, in any capacity, until the license is reinstated by 
281the board. A massage therapist or alternative healing therapist whose license is suspended for a 
282second offense with regard to insurance claims shall have the license permanently revoked and 
283may not own, operate, practice in or be employed by a business that provides massage therapy, 
284alternative healing therapy, physical therapy or chiropractic care.
285 (d) Nothing in this section shall limit the board's authority to impose sanctions by consent 
286agreements that are considered reasonable and appropriate by the board. A person aggrieved by a 
287disciplinary action taken by the board pursuant to this section or section 235 may, pursuant to 
288section 64, file a petition for judicial review.
289 SECTION 13. Said chapter 112 is hereby further amended by striking out section 233, as 
290most recently amended by section 75 of chapter 6 of the acts of 2017, and inserting in place 
291thereof the following section:-
292 Section 233. The board shall establish standards to be met by the massage therapy 
293schools as well as alternative healing therapy programs. The board shall approve massage 
294therapy school and alternative healing therapy program curriculum, training, facilities and 
295instructors. A school or program shall not teach massage therapy or alternative healing therapies  15 of 18
296without prior approval by the board unless licensed by the division of professional licensure 
297pursuant section 263 or other state or federal agency or department. 
298 SECTION 14. Section 234 of said chapter 112, as appearing in the 2020 Official Edition, 
299is hereby amended by inserting after the words “massage therapy”, in line 2, the following 
300words:- and alternative healing therapies.
301 SECTION 15. Section 235 of said chapter 112, as so appearing, is hereby amended by 
302inserting after the word “means”, in line 25, the following words:- or through online advertising 
303means or forums.
304 SECTION 16. Said section 235 of said chapter 112, as so appearing, is hereby further 
305amended by striking out subsection (b) and inserting in place thereof the following 2 
306subsections:-
307 (b) Only a person duly licensed under this chapter shall be designated as an “alternative 
308healing therapist” and entitled to use the terms “alternative healing therapist”, “alternative 
309healing therapy”, or any term reflecting one of the separate and distinct complementary health 
310practices defined as alternative healing therapy under section 227” when advertising or printing 
311promotional material. A person who uses such a term in the person’s professional title without 
312being authorized to do so shall be subject to discipline by the board. A person who: (i) 
313knowingly aids and abets another to use such a term when the person is not authorized to do so; 
314or (ii) knowingly employs 	a person not authorized to 	use such a term in the course of the 
315employment, shall be subject to a disciplinary proceeding before the board. Nothing in this 
316section shall prohibit a licensed alternative healing therapist from using terms reflecting a 
317specific discipline for which they are authorized by the board to practice when advertising or  16 of 18
318printing promotional material; provided further, that such terms shall include, but not be limited 
319to, Feldenkrais, reflexology, Asian Bodywork Therapy, Acupressure, Amma, Tuina, and Shiatsu, 
320Trager, Ayurvedic therapy, Rolf structural integration, polarity, acupressure, and reiki.
321 It shall be a violation of this chapter for a person to advertise: (i) as an alternative healing 
322therapy facility, as defined by section 227, unless the person has an employee who holds a valid 
323license under this chapter; (ii) by combining advertising for a licensed alternative healing therapy 
324service with escort or dating services; (iii) as performing alternative healing therapy in a form in 
325which the person has not received training or of a type that is not licensed or otherwise 
326recognized by law or administrative rule;. 
327 As used in this section, the term “advertise” shall include, but not be limited to: (i) the 
328issuance of a card, sign or device to another; (ii) the causing, permitting or allowing of a sign or 
329marking on or in a building, vehicle or structure; (iii) advertising in a newspaper or magazine, on 
330television or through electronic means or online advertising means or forums; (iv) a listing or 
331advertising in a directory under a classification or heading that includes the word “alternative 
332healing therapy”, “bodyworker”, “bodywork therapy”, or “alternative healing therapist”; or (v) a 
333commercial broadcast by airwave transmission.
334 (c) A person who: (i) is otherwise licensed, certified or registered under the law; (ii) is 
335performing services within the person’s authorized scope of practice; and (iii) does not hold the 
336person’s self out to be a massage therapist or alternative healing therapist, shall be exempt from 
337this section. 17 of 18
338 SECTION 17. Section 51 of chapter 140 of the General Laws, as so appearing, is hereby 
339amended by inserting after the word “therapy”, in lines 1 and 8, each time it appears, the 
340following words:- or any alternative health therapy.
341 SECTION 18. Subsection (a) of said section 51 of said chapter 140 is hereby amended 
342by striking out the last sentence and inserting in place thereof the following:-
343 Any premises used to offer massage therapy or any alternative health therapy under said 
344section 227 to 236, inclusive, of said chapter 112 shall be subject to inspection by local boards of 
345health, and their respective agents, in addition to the department of professional licensure and 
346board of registration of massage therapy and alternative healing therapies.  Nothing in section 
347shall require a license from a municipal authority in addition to the license required pursuant to 
348said section 227 to 236, inclusive, of chapter 112.
349 SECTION 19. Subsection (b) of said section 51 of said chapter 140 is hereby amended by 
350striking out the last sentence and inserting in place thereof the following sentence:- 
351 A massage therapist or alternative healing therapist, whose license to practice massage 
352therapy or alternative healing therapy is revoked or suspended for more than 1 year with regard 
353to insurance claims, shall not own, operate, practice in or be employed by a massage therapy or 
354alternative healing therapy office, clinic or other place designated for the practice of massage 
355therapy, alternative healing therapy, physical therapy or chiropractic.
356 SECTION 20. Said chapter 140 is hereby further amended by striking out section 52, as 
357so appearing, and inserting in place thereof the following section:- 18 of 18
358 Section 52. A member of the police department of a town may, upon appropriate legal 
359process, enter and inspect any premises in that town used for massage, alternative healing 
360therapy or the giving of vapor baths.
361 SECTION 21. The 	board of registration of massage therapy and alternative healing 
362therapies established under section 98 of chapter 13 of the General Laws shall promulgate 
363regulations not more than 180 days after a quorum of the board is appointed. 
364 SECTION 22. All orders, rules and regulations duly made and all licenses and approvals 
365duly granted that are in force immediately before the effective date of this act shall continue in 
366force and shall thereafter be enforced until superseded, revised, rescinded or cancelled in 
367accordance with law by the appropriate board.
368 SECTION 23. The board of registration of massage therapy and alternative healing 
369therapies established under section 98 of chapter 13 of the General Laws shall receive 
370applications for licenses under section 231 of chapter 112 of the General Laws on or before July 
3711, 2023.
372 SECTION 24. This act shall take effect upon its passage.