Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S191 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2151 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 191
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
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 regulating alternative healing therapies.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 18
16	16	SENATE DOCKET, NO. 2151 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 191
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 191) of Mark C. Montigny for
19	19	legislation to regulate bodyworks. Consumer Protection and Professional Licensure.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 221 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act regulating alternative healing therapies.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 98 of chapter 13 of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof
32	32	3the following subsection:-
33	33	4 (a) There shall be within the division of professional licensure a board of registration of
34	34	5massage therapy and alternative healing therapies. The board shall consist of 7 members who
35	35	6shall be appointed by the governor for terms of 3 years, 3 of whom shall be licensed massage
36	36	7therapists who have been actively engaged in the practice of massage therapy in the
37	37	8commonwealth for not less than 5 years immediately before their appointments, 2 of whom shall
38	38	9be a licensed alternative healing therapist represented within the advisory council established
39	39	10pursuant to section 99 and who has been actively engaged in the practice of an alternative 2 of 18
40	40	11healing therapy in the commonwealth for not less than 5 years immediately before their
41	41	12appointments; 1 of whom shall be a law enforcement representative whose area of focus is
42	42	13human trafficking and 1 of whom shall be a consumer who is familiar with the massage therapy
43	43	14or alternative healing therapy fields. The members shall be residents of the commonwealth and
44	44	15shall be subject to chapter 268A.
45	45	16 SECTION 2. Said chapter 13 is hereby further amended by striking out section 99, as so
46	46	17appearing, and inserting in place thereof the following section:-
47	47	18 Section 99. (a) The board shall: (i) administer and enforce sections 227 to 235, inclusive,
48	48	19of chapter 112; (ii) adopt rules and regulations governing the licensure of massage therapists, the
49	49	20practice of massage therapy, and the approval and operation of massage schools and to promote
50	50	21public health, welfare and safety; (iii) adopt rules and regulations, in consultation with the
51	51	22advisory council set forth in this section, governing the licensure of alternative healing therapists,
52	52	23the various and distinct practices of alternative healing therapies, and the approval and operation
53	53	24of alternative therapy training and certification programs; (iv) establish standards of professional
54	54	25and ethical conduct for massage therapy; (v) establish standards of professional and ethical
55	55	26conduct for alternative healing therapies that reflecting national, state, or other recognized
56	56	27professional organization or certification standards of each discipline; (vi) establish standards for
57	57	28continuing education reflecting acceptable national, state, or other recognized professional
58	58	29organization or certification standards of each discipline; and (vi) investigate complaints,
59	59	30conduct inspections, review billing and treatment records and set and administer penalties as
60	60	31defined in sections 61 to 65E, inclusive, and sections 232 to 235, inclusive, of said chapter 112
61	61	32for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of
62	62	33rules and regulations promulgated by the board. 3 of 18
63	63	34 (b) The board shall make available to the public a list of licensed massage therapists and
64	64	35alternative healing therapists, as well as a list of each licensed facility under its jurisdiction.
65	65	36 (c) The board shall adopt rules and regulations to define and differentiate among varying
66	66	37scopes of practice within alternative healing therapies, as defined by section 227 of chapter 112,
67	67	38unless otherwise defined by section 227 of chapter 112; provided, that the board shall adopt
68	68	39appropriate licensure restrictions to ensure that an alternative healing therapist operates within
69	69	40the authorized scope of practice for which the alternative healing therapist has demonstrated
70	70	41satisfactory competency to the board; provided further, that the board shall consult with the
71	71	42advisory council set forth in this section to ensure appropriate standards and scopes of practice
72	72	43for alternative healing therapies identified by said council..
73	73	44 (d) To inform the standards set forth above, there shall be a Massachusetts alternative
74	74	45healing therapies advisory council to study and make recommendations to the board on the
75	75	46regulation of alternative healing therapies. The council shall consist of licensed alternative
76	76	47healing therapists, as defined in section 227 of chapter 112, who have been actively engaged in
77	77	48the practice of their respective disciplines for not less than 3 years immediately before their
78	78	49memberships. The commissioner shall appoint one licensed practitioner of each discipline that
79	79	50expresses an interest to the commissioner in participating on the council which may include but
80	80	51not be limited to Asian bodywork therapy, reflexology, structural integration, the Feldenkrais
81	81	52Method; the Trager Approach; Ayurvedic Therapies; Polarity or Polarity Therapy; Qi Gong;
82	82	53Body/Mind Centering; and Reiki, levels II and above. 4 of 18
83	83	54 The commissioner shall, from time to time, designate one of the members as chair of the
84	84	55council. The chair shall serve for no more than 1 year and the position shall rotate among
85	85	56practitioners of each discipline.
86	86	57 Members shall serve on the council for terms of 3 years. Members whose appointments
87	87	58have expired may continue to serve until a replacement is appointed. Members of the council
88	88	59shall not be state employees under chapter 268A by virtue of their service on the council and
89	89	60shall serve without compensation.
90	90	61 (e) The council shall: (i) inform the board on the scope of practice of each discipline and
91	91	62current standards adopted by each discipline’s respective national, state or otherwise recognized
92	92	63professional organization or certification process; (ii) advise on the preparation of regulations
93	93	64under this chapter; (iii) consider all matters submitted to it by the board; (iv) on its own initiative,
94	94	65recommend to the board guidelines, rules and regulations and any changes to guidelines, rules
95	95	66and regulations that the council considers important or necessary for the board’s review and
96	96	67consideration; and (v) advise and make recommendations to the board regarding new and
97	97	68emerging alternative healing therapies that may fall under the scope of the boards’ authority.
98	98	69 SECTION 3. Section 227 of chapter 112 of the General Laws, as so appearing, is hereby
99	99	70amended by inserting after the word “therapy”, in line 4, the following words:- and alternative
100	100	71healing therapies.
101	101	72 SECTION 4. Said section 227 of said chapter 112, as so appearing, is hereby further
102	102	73amended by inserting before the definition of “Board”, the following 2 definitions:-
103	103	74 “Alternative healing therapist”, a person licensed by the board who instructs or
104	104	75administers an alternative healing therapy or therapies for compensation. 5 of 18
105	105	76 “Alternative healing therapy” or “alternative healing therapies”, a series of separate and
106	106	77distinct complementary health practices that include Asian bodywork therapy, bodywork,
107	107	78reflexology, structural integration or Rolfing, and energy and somatic healing practices as
108	108	79identified by the advisory council established pursuant to section 99 of chapter 13; provided
109	109	80further, that alternative healing therapy shall not include diagnoses, the prescribing of drugs or
110	110	81medicines, spinal or other joint manipulations or any services or procedures for which a license
111	111	82to practice medicine, acupuncture, chiropractic, massage therapy, naturopathy, occupational
112	112	83therapy, physical therapy or podiatry is required by law.
113	113	84 “Asian bodywork therapy”, “bodywork” or “bodywork therapy”, the practice of a person
114	114	85who treats the human body/mind/spirit, including the electromagnetic or energetic field, which
115	115	86surrounds, infuses and brings that body to life, by pressure and/or manipulation. Asian
116	116	87Bodywork Therapy is based upon traditional Chinese medicine principles for assessing and
117	117	88evaluating the body’s system of energy (Qi or Ki). Asian Bodywork Therapy uses traditional
118	118	89Asian techniques and treatment strategies primarily to affect and balance the energetic system for
119	119	90the promotion, maintenance and restoration of health. Asian Bodywork Therapy is one of the
120	120	91three professional branches of Chinese Medicine nationally recognized by the National
121	121	92Certification Commission for Acupuncture and Oriental Medicine (NCCAOM). ABT Qi
122	122	93assessment and treatment may include, but is not limited to: touching, stretching, pressing or
123	123	94holding meridians (channels of Qi) and/or acu-points, primarily with the hands. Appropriately
124	124	95trained practitioners may also use external application of medicinal plants, heat or cold; dietary
125	125	96and exercise suggestions; cupping; gua sha; moxibustion and other Asian-based techniques or
126	126	97practices; provided further, that “Asian bodywork therapy”, “bodywork”, or “bodywork therapy”
127	127	98shall not include diagnoses, the prescribing of drugs or medicines, spinal or other joint 6 of 18
128	128	99manipulations or any services or procedures for which a license to practice medicine,
129	129	100acupuncture, chiropractic, massage therapy, naturopathy, occupational therapy, physical therapy
130	130	101or podiatry is required by law.
131	131	102 “Energy and somatic healing practices”, a series of separate and distinct alternative
132	132	103healing practices identified by the advisory council established pursuant to section 99 of chapter
133	133	10413 and defined by the board under said section that may include but not be limited to the
134	134	105Feldenkrais Method; the Trager Approach; Ayurvedic Therapies; Polarity or Polarity Therapy;
135	135	106Qi Gong; Body/Mind Centering; and Reiki, levels II and above.
136	136	107 SECTION 5. Said section 227 of said chapter 112, as so appearing, is hereby further
137	137	108amended by striking out the definitions of “Licensed massage school” and “Licensed massage
138	138	109therapy salon” and inserting in place thereof the following 2 definitions:-
139	139	110 “Licensed massage school” or “licensed alternative healing therapy program”, a facility
140	140	111or program that is licensed by the office of private occupational school education pursuant to
141	141	112section 263 or any other state or federal agency or department after meeting minimum standards
142	142	113for training, facilities, instructors and curriculum as determined by the board in accordance with
143	143	114sections 228 to 235, inclusive.
144	144	115 “Licensed massage therapy facility” or “licensed alternative healing therapy facility”, a
145	145	116place, office, clinic or establishment licensed by the board to offer massage or alternative healing
146	146	117therapy services.
147	147	118 SECTION 6. Said section 227 of said chapter 112, as so appearing, is hereby further
148	148	119amended by inserting after the definition of “Massage therapist”, the following 2 definitions:- 7 of 18
149	149	120 “Reflexology”, the use of alternating pressure applied to the reflexes within the reflex
150	150	121maps of the body located on the feet, hands, and outer ears; provided, that “reflexology” shall not
151	151	122include diagnoses, the prescribing of drugs or medicines, spinal or other joint manipulations or
152	152	123any services or procedures for which a license to practice medicine, acupuncture, chiropractic,
153	153	124naturopathy, occupational therapy, physical therapy, massage therapy or podiatry is required by
154	154	125law.
155	155	126 “Structural integration” or “Rolfing”, the restoration of postural balance and functional
156	156	127ease by systematically aligning and integrating the human body in gravity; provided, that
157	157	128structural integration may use manipulation of the connective tissue matrix, enhancement of
158	158	129awareness, and education techniques; provided further, that “structural integration” shall not
159	159	130include diagnoses, the prescribing of drugs or medicines, spinal or other joint manipulations or
160	160	131any services or procedures for which a license to practice medicine, acupuncture, chiropractic,
161	161	132naturopathy, occupational therapy, physical therapy, massage therapy or podiatry is required by
162	162	133law.
163	163	134 SECTION 7. Said chapter 112, as so appearing, is hereby further amended by inserting
164	164	135after section 227 the following new section:-
165	165	136 Section 227A. A city or town may adopt ordinances or by-laws relative to health and
166	166	137safety of the practice of alternative healing therapies not inconsistent with sections 227 to 235,
167	167	138inclusive; provided, however, that local ordinances pertaining to alternative healing therapies in
168	168	139effect prior to the effective date of this Act and that are consistent with and that may exceed the
169	169	140requirements of said sections 227 to 235, inclusive, may remain in effect. 8 of 18
170	170	141 SECTION 8. Said chapter 112 is hereby further amended by striking out section 228, as
171	171	142so appearing, and inserting in place thereof the following section:-
172	172	143 Section 228. (a) A person shall not hold the person’s self out to others as a massage
173	173	144therapist or alternative healing therapist or practice massage, massage therapy, or any alternative
174	174	145healing therapy unless the person holds a valid license issued in accordance with this chapter. A
175	175	146person licensed to practice massage or massage therapy or an alternative healing therapy shall
176	176	147not perform: (i) diagnosis of illness or disease; (ii) high velocity, low-amplitude thrust applied to
177	177	148a joint; (iii) electrical stimulation; (iv) application of ultrasound; (v) exercise and prescription of
178	178	149medicines.
179	179	150 (b) The following practitioners shall be exempt from the licensure requirements of this
180	180	151section:
181	181	152 (i) a person who: (A) is otherwise licensed, certified or registered under the General
182	182	153Laws; (B) is performing services within the person’s authorized scope of practice; and (C) does
183	183	154not hold the person’s self out to be a massage therapist, or alternative healing therapist;
184	184	155 (ii) a person who is duly licensed, registered or certified in another state, territory, the
185	185	156District of Columbia or a foreign country when temporarily called into the commonwealth to
186	186	157teach a course related to massage therapy or an alternative healing therapy or to consult with a
187	187	158person licensed as a massage therapist or alternative healing therapist or under this chapter;
188	188	159 (iii) a student of massage therapy or an alternative healing therapy who is enrolled in a
189	189	160licensed massage school or alternative healing therapy program for massage or an alternative
190	190	161healing therapy and is performing work as a required component of his course of study at such 9 of 18
191	191	162school or program; provided, however, that the student shall not hold the student’s self out as a
192	192	163licensed therapist under this chapter and shall not receive compensation for the work;
193	193	164 (iv) a person giving massage or alternative healing therapy to a member of that person’s
194	194	165immediate family for which the person received no compensation;
195	195	166 (v) a person, duly licensed, registered or certified in another state, territory, the District of
196	196	167Columbia or a foreign country who is incidentally in the commonwealth to provide service as
197	197	168part of an emergency response team working in conjunction with disaster relief officials; and
198	198	169 (vi) a person giving massage or alternative healing therapy in a sporting, health or other
199	199	170event, whether on a single day or on consecutive days, that is non-compensatory and under the
200	200	171supervision of a licensed therapist.
201	201	172 SECTION 9. Said chapter 112 is hereby further amended by striking out section 229, as
202	202	173most recently amended by section 74 of chapter 6 of the acts of 2017, and inserting in place
203	203	174thereof the following section:-
204	204	175 Section 229. (a) A person who desires to engage in the practice of massage therapy shall
205	205	176apply on a form furnished by the board that shall be signed and sworn to by the applicant. Each
206	206	177application shall be accompanied by payment of the fee prescribed by the executive office for
207	207	178administration and finance pursuant to section 3B of chapter 7. Upon submission of a completed
208	208	179application to the board and the payment of the required fee, the board may issue a license to
209	209	180practice as a massage therapist to an applicant who: (i) has obtained a high school diploma or its
210	210	181equivalent; (ii) is 18 years of age or older; (iii) has submitted 2 professional letters of reference,
211	211	182with at least 1 being from an employer or professional in the massage therapy or medical field;
212	212	183(iv) is of good moral character, as determined by the discretion of the board; (v) has successfully 10 of 18
213	213	184completed a course of study consisting of not less than 500 classroom hours or an equivalent
214	214	185number of credit hours of supervised instruction at a licensed massage school; (vi) has not been
215	215	186convicted in any jurisdiction of sexually-related crime or a crime involving moral turpitude for
216	216	187the 10 years immediately before the date of application; (vii) provides proof of professional
217	217	188liability coverage; and (viii) demonstrates the professional competence that may be required by
218	218	189the board's regulations.
219	219	190 (b) A person who desires to engage in the practice of one or more alternative healing
220	220	191therapies shall apply on a form furnished by the board that shall be signed and sworn to by the
221	221	192applicant. Each application shall be accompanied by payment of the fee prescribed by the
222	222	193executive office for administration and finance pursuant to section 3B of chapter 7. Upon
223	223	194submission of a completed application to the board and the payment of the required fee, the
224	224	195board may issue a license to practice as an alternative healing therapist to an applicant who: (i)
225	225	196has obtained a high school diploma or its equivalent; (ii) is 18 years of age or older; (iii) has
226	226	197submitted 2 professional letters of reference, with at least 1 being from an employer or
227	227	198professional in the alternative healing therapy or medical field; (iv) is of good moral character, as
228	228	199determined by the discretion of the board; (v) has successfully completed a course of study,
229	229	200supervised instruction, or certification process reflecting a national, state, or other recognized
230	230	201professional organization standard at a licensed alternative health therapy program that has been
231	231	202determined appropriate by the board; (vi) has not been convicted in any jurisdiction of sexually-
232	232	203related crime or a crime involving moral turpitude for the 10 years immediately before the date
233	233	204of application; (vii) provides proof of professional liability coverage; and (viii) demonstrates the
234	234	205professional competence that may be required by the board's regulations. The board shall require
235	235	206no more than one application for any applicant seeking to practice multiple disciplines under its 11 of 18
236	236	207jurisdiction; provided, that said applicant can demonstrate competency in each discipline as
237	237	208determined by the board; provided further, that the board shall collect one fee per application.
238	238	209 (c) The commissioner of the division of professional licensure shall determine the
239	239	210renewal cycle and renewal period for massage therapy and alternative health therapy licenses.
240	240	211Each person licensed in accordance with these sections shall apply to the board for renewal of
241	241	212the person’s license not later than the expiration date, as determined by the director, unless the
242	242	213license was revoked, suspended or canceled earlier by the board as a result of a disciplinary
243	243	214proceeding instituted pursuant to this chapter. Applications for renewal shall be made on forms
244	244	215approved by the board and accompanied by payment of a renewal fee, as prescribed by the
245	245	216executive office for administration and finance pursuant to section 3B of chapter 7; provided,
246	246	217however, that the fee shall not be less than $100.
247	247	218 (d) As a condition of license renewal, a licensed massage therapist or licensed alternative
248	248	219health therapist shall furnish the board with satisfactory proof that the licensee: (i) has not been
249	249	220convicted in any jurisdiction of a sexually-related crime or a crime involving moral turpitude
250	250	221since the original application for licensure; (ii) has professional liability coverage; and (iii) has
251	251	222completed the continuing education requirements that reflect acceptable national, state, or other
252	252	223recognized professional organization or certification standards of each pertinent discipline and
253	253	224have been reviewed and approved by the board.
254	254	225 Upon satisfactory compliance with the licensing requirements for massage therapists or
255	255	226alternative healing therapists and successful completion of the continuing education
256	256	227requirements, the board shall issue a renewal license showing that the holder is entitled to be
257	257	228licensed for the renewal period. The board may provide for the late renewal of a license that has 12 of 18
258	258	229lapsed and may require payment of a late fee. All licensing and application fees and
259	259	230administrative fines collected pursuant to sections 227 to 235, inclusive, shall be deposited into
260	260	231the Division of Professional Licensure Trust Fund established in section 35V of chapter 10.
261	261	232 SECTION 10. Section 230 of said chapter 112, as appearing in the 2020 Official Edition,
262	262	233is hereby amended by inserting after the word “therapists”, in line 2, the following words:- , or
263	263	234alternative healing therapists.
264	264	235 SECTION 11. Said chapter 112 is hereby further amended by striking out section 231, as
265	265	236so appearing, and inserting in place thereof the following section:-
266	266	237 Section 231. The board may grant a license to an applicant for an alternative healing
267	267	238therapist license who: (i) (A) provides documentation, acceptable to the board, that demonstrates
268	268	239that the applicant has provided an appropriate number of hours of an alternative healing therapy,
269	269	240as determined by the board, to members of the public for compensation; (B) has been authorized
270	270	241to practice an alternative healing therapy by the municipal board of health within the
271	271	242commonwealth; provided, however, that the authorization shall be valid not more than 2 years
272	272	243after the date of application; or (C) provides proof of the successful passage or compliance with a
273	273	244training or certification process reflecting a national, state, or other recognized professional
274	274	245organization standard acceptable to the board; (ii) submits a completed application and pays the
275	275	246necessary fee prescribed by the executive office for administration and finance pursuant to
276	276	247section 3B of chapter 7; (iii) is of good moral character, as determined by the discretion of the
277	277	248board; and (iv) provides proof of professional liability coverage.
278	278	249 SECTION 12. Said chapter 112 is hereby further amended by striking out section 232, as
279	279	250so appearing, and inserting in place thereof the following section:- 13 of 18
280	280	251 Section 232. (a) The board shall conduct inspections and investigate all complaints filed
281	281	252that relate to the proper practice of massage therapy or alternative healing therapy, the operation
282	282	253of a massage therapy or alternative healing therapy facility and any violation of sections 227 to
283	283	254235, inclusive, or a rule or regulation of the board. Such a complaint may be brought by any
284	284	255person or the board may, on its own, initiate a complaint.
285	285	256 (b) The board shall be under the supervision of the division of professional licensure and
286	286	257shall have all the authority conferred under sections 61 to 65E, inclusive. For the purposes of this
287	287	258section and sections 61 to 65E, inclusive, conduct that places into question the holder's
288	288	259competence to practice massage therapy or an alternative healing therapy or operate a massage or
289	289	260alternative healing therapy facility shall include, but not be limited to: (i) committing fraud or
290	290	261misrepresentation in obtaining a license; (ii) criminal conduct that the board determines to be of
291	291	262such a nature as to render the person unfit to practice as a licensed massage therapist or
292	292	263alternative healing therapist or to operate a licensed massage therapy or alternative healing
293	293	264therapy facility, as evidenced by criminal proceedings that resulted in a conviction, guilty plea or
294	294	265plea of nolo contendere or an admission of sufficient facts; (iii) violating any rule or regulation
295	295	266of the board; (iv) failing to cooperate with the board or its agents in the conduct of an inspection
296	296	267or investigation; (v) failing to fulfill any continuing education requirements set out by the board;
297	297	268(vi) violating an ethical standard that the board determines to be of such a nature as to render the
298	298	269person unfit to practice as a massage therapist or alternative healing therapist or to operate a
299	299	270licensed massage therapy or alternative healing therapy facility, including, but not limited to: (A)
300	300	271inappropriate conduct or touching in the practice of massage therapy or alternative healing
301	301	272therapy; (B) offering medical opinion or diagnosis; or (C) negligence in the course of
302	302	273professional practice. 14 of 18
303	303	274 The board may issue an order to a licensee directing the licensee to cease and desist from
304	304	275unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the
305	305	276licensee has engaged in such conduct.
306	306	277 (c) A massage therapist or alternative healing therapist whose license to practice is
307	307	278suspended for more than 1 year for professional misconduct with regard to insurance claims shall
308	308	279not own, operate, practice in or be employed by another massage therapist, alternative healing
309	309	280therapist or a physical therapist or chiropractor, in any capacity, until the license is reinstated by
310	310	281the board. A massage therapist or alternative healing therapist whose license is suspended for a
311	311	282second offense with regard to insurance claims shall have the license permanently revoked and
312	312	283may not own, operate, practice in or be employed by a business that provides massage therapy,
313	313	284alternative healing therapy, physical therapy or chiropractic care.
314	314	285 (d) Nothing in this section shall limit the board's authority to impose sanctions by consent
315	315	286agreements that are considered reasonable and appropriate by the board. A person aggrieved by a
316	316	287disciplinary action taken by the board pursuant to this section or section 235 may, pursuant to
317	317	288section 64, file a petition for judicial review.
318	318	289 SECTION 13. Said chapter 112 is hereby further amended by striking out section 233, as
319	319	290most recently amended by section 75 of chapter 6 of the acts of 2017, and inserting in place
320	320	291thereof the following section:-
321	321	292 Section 233. The board shall establish standards to be met by the massage therapy
322	322	293schools as well as alternative healing therapy programs. The board shall approve massage
323	323	294therapy school and alternative healing therapy program curriculum, training, facilities and
324	324	295instructors. A school or program shall not teach massage therapy or alternative healing therapies 15 of 18
325	325	296without prior approval by the board unless licensed by the division of professional licensure
326	326	297pursuant section 263 or other state or federal agency or department.
327	327	298 SECTION 14. Section 234 of said chapter 112, as appearing in the 2020 Official Edition,
328	328	299is hereby amended by inserting after the words “massage therapy”, in line 2, the following
329	329	300words:- and alternative healing therapies.
330	330	301 SECTION 15. Section 235 of said chapter 112, as so appearing, is hereby amended by
331	331	302inserting after the word “means”, in line 25, the following words:- or through online advertising
332	332	303means or forums.
333	333	304 SECTION 16. Said section 235 of said chapter 112, as so appearing, is hereby further
334	334	305amended by striking out subsection (b) and inserting in place thereof the following 2
335	335	306subsections:-
336	336	307 (b) Only a person duly licensed under this chapter shall be designated as an “alternative
337	337	308healing therapist” and entitled to use the terms “alternative healing therapist”, “alternative
338	338	309healing therapy”, or any term reflecting one of the separate and distinct complementary health
339	339	310practices defined as alternative healing therapy under section 227” when advertising or printing
340	340	311promotional material. A person who uses such a term in the person’s professional title without
341	341	312being authorized to do so shall be subject to discipline by the board. A person who: (i)
342	342	313knowingly aids and abets another to use such a term when the person is not authorized to do so;
343	343	314or (ii) knowingly employs a person not authorized to use such a term in the course of the
344	344	315employment, shall be subject to a disciplinary proceeding before the board. Nothing in this
345	345	316section shall prohibit a licensed alternative healing therapist from using terms reflecting a
346	346	317specific discipline for which they are authorized by the board to practice when advertising or 16 of 18
347	347	318printing promotional material; provided further, that such terms shall include, but not be limited
348	348	319to, Feldenkrais, reflexology, Asian Bodywork Therapy, Acupressure, Amma, Tuina, and Shiatsu,
349	349	320Trager, Ayurvedic therapy, Rolf structural integration, polarity, acupressure, and reiki.
350	350	321 It shall be a violation of this chapter for a person to advertise: (i) as an alternative healing
351	351	322therapy facility, as defined by section 227, unless the person has an employee who holds a valid
352	352	323license under this chapter; (ii) by combining advertising for a licensed alternative healing therapy
353	353	324service with escort or dating services; (iii) as performing alternative healing therapy in a form in
354	354	325which the person has not received training or of a type that is not licensed or otherwise
355	355	326recognized by law or administrative rule;.
356	356	327 As used in this section, the term “advertise” shall include, but not be limited to: (i) the
357	357	328issuance of a card, sign or device to another; (ii) the causing, permitting or allowing of a sign or
358	358	329marking on or in a building, vehicle or structure; (iii) advertising in a newspaper or magazine, on
359	359	330television or through electronic means or online advertising means or forums; (iv) a listing or
360	360	331advertising in a directory under a classification or heading that includes the word “alternative
361	361	332healing therapy”, “bodyworker”, “bodywork therapy”, or “alternative healing therapist”; or (v) a
362	362	333commercial broadcast by airwave transmission.
363	363	334 (c) A person who: (i) is otherwise licensed, certified or registered under the law; (ii) is
364	364	335performing services within the person’s authorized scope of practice; and (iii) does not hold the
365	365	336person’s self out to be a massage therapist or alternative healing therapist, shall be exempt from
366	366	337this section. 17 of 18
367	367	338 SECTION 17. Section 51 of chapter 140 of the General Laws, as so appearing, is hereby
368	368	339amended by inserting after the word “therapy”, in lines 1 and 8, each time it appears, the
369	369	340following words:- or any alternative health therapy.
370	370	341 SECTION 18. Subsection (a) of said section 51 of said chapter 140 is hereby amended
371	371	342by striking out the last sentence and inserting in place thereof the following:-
372	372	343 Any premises used to offer massage therapy or any alternative health therapy under said
373	373	344section 227 to 236, inclusive, of said chapter 112 shall be subject to inspection by local boards of
374	374	345health, and their respective agents, in addition to the department of professional licensure and
375	375	346board of registration of massage therapy and alternative healing therapies. Nothing in section
376	376	347shall require a license from a municipal authority in addition to the license required pursuant to
377	377	348said section 227 to 236, inclusive, of chapter 112.
378	378	349 SECTION 19. Subsection (b) of said section 51 of said chapter 140 is hereby amended by
379	379	350striking out the last sentence and inserting in place thereof the following sentence:-
380	380	351 A massage therapist or alternative healing therapist, whose license to practice massage
381	381	352therapy or alternative healing therapy is revoked or suspended for more than 1 year with regard
382	382	353to insurance claims, shall not own, operate, practice in or be employed by a massage therapy or
383	383	354alternative healing therapy office, clinic or other place designated for the practice of massage
384	384	355therapy, alternative healing therapy, physical therapy or chiropractic.
385	385	356 SECTION 20. Said chapter 140 is hereby further amended by striking out section 52, as
386	386	357so appearing, and inserting in place thereof the following section:- 18 of 18
387	387	358 Section 52. A member of the police department of a town may, upon appropriate legal
388	388	359process, enter and inspect any premises in that town used for massage, alternative healing
389	389	360therapy or the giving of vapor baths.
390	390	361 SECTION 21. The board of registration of massage therapy and alternative healing
391	391	362therapies established under section 98 of chapter 13 of the General Laws shall promulgate
392	392	363regulations not more than 180 days after a quorum of the board is appointed.
393	393	364 SECTION 22. All orders, rules and regulations duly made and all licenses and approvals
394	394	365duly granted that are in force immediately before the effective date of this act shall continue in
395	395	366force and shall thereafter be enforced until superseded, revised, rescinded or cancelled in
396	396	367accordance with law by the appropriate board.
397	397	368 SECTION 23. The board of registration of massage therapy and alternative healing
398	398	369therapies established under section 98 of chapter 13 of the General Laws shall receive
399	399	370applications for licenses under section 231 of chapter 112 of the General Laws on or before July
400	400	3711, 2023.
401	401	372 SECTION 24. This act shall take effect upon its passage.