Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S261 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. 1474 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 261
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. 1474 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 261
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 261) 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. 191 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
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 2022
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 in
202	202	173its entirety and inserting in place thereof the following section:-
203	203	174 Section 229. (a) A person who desires to engage in the practice of massage therapy shall
204	204	175apply on a form furnished by the board that shall be signed and sworn to by the applicant. Each
205	205	176application shall be accompanied by payment of the fee prescribed by the executive office for
206	206	177administration and finance pursuant to section 3B of chapter 7. Upon submission of a completed
207	207	178application to the board and the payment of the required fee, the board may issue a license to
208	208	179practice as a massage therapist to an applicant who: (i) has obtained a high school diploma or its
209	209	180equivalent; (ii) is 18 years of age or older; (iii) has submitted 2 professional letters of reference,
210	210	181with at least 1 being from an employer or professional in the massage therapy or medical field;
211	211	182(iv) is of good moral character, as determined by the discretion of the board; (v) has successfully
212	212	183completed a course of study consisting of not less than 500 classroom hours or an equivalent 10 of 18
213	213	184number of credit hours of supervised instruction at a licensed massage school; (vi) has not been
214	214	185convicted in any jurisdiction of sexually-related crime or a crime involving moral turpitude for
215	215	186the 10 years immediately before the date of application; (vii) provides proof of professional
216	216	187liability coverage; and (viii) demonstrates the professional competence that may be required by
217	217	188the board's regulations.
218	218	189 (b) A person who desires to engage in the practice of one or more alternative healing
219	219	190therapies shall apply on a form furnished by the board that shall be signed and sworn to by the
220	220	191applicant. Each application shall be accompanied by payment of the fee prescribed by the
221	221	192executive office for administration and finance pursuant to section 3B of chapter 7. Upon
222	222	193submission of a completed application to the board and the payment of the required fee, the
223	223	194board may issue a license to practice as an alternative healing therapist to an applicant who: (i)
224	224	195has obtained a high school diploma or its equivalent; (ii) is 18 years of age or older; (iii) has
225	225	196submitted 2 professional letters of reference, with at least 1 being from an employer or
226	226	197professional in the alternative healing therapy or medical field; (iv) is of good moral character, as
227	227	198determined by the discretion of the board; (v) has successfully completed a course of study,
228	228	199supervised instruction, or certification process reflecting a national, state, or other recognized
229	229	200professional organization standard at a licensed alternative health therapy program that has been
230	230	201determined appropriate by the board; (vi) has not been convicted in any jurisdiction of sexually-
231	231	202related crime or a crime involving moral turpitude for the 10 years immediately before the date
232	232	203of application; (vii) provides proof of professional liability coverage; and (viii) demonstrates the
233	233	204professional competence that may be required by the board's regulations. The board shall require
234	234	205no more than one application for any applicant seeking to practice multiple disciplines under its 11 of 18
235	235	206jurisdiction; provided, that said applicant can demonstrate competency in each discipline as
236	236	207determined by the board; provided further, that the board shall collect one fee per application.
237	237	208 (c) The commissioner of the division of professional licensure shall determine the
238	238	209renewal cycle and renewal period for massage therapy and alternative health therapy licenses.
239	239	210Each person licensed in accordance with these sections shall apply to the board for renewal of
240	240	211the person’s license not later than the expiration date, as determined by the director, unless the
241	241	212license was revoked, suspended or canceled earlier by the board as a result of a disciplinary
242	242	213proceeding instituted pursuant to this chapter. Applications for renewal shall be made on forms
243	243	214approved by the board and accompanied by payment of a renewal fee, as prescribed by the
244	244	215executive office for administration and finance pursuant to section 3B of chapter 7; provided,
245	245	216however, that the fee shall not be less than $100.
246	246	217 (d) As a condition of license renewal, a licensed massage therapist or licensed alternative
247	247	218health therapist shall furnish the board with satisfactory proof that the licensee: (i) has not been
248	248	219convicted in any jurisdiction of a sexually-related crime or a crime involving moral turpitude
249	249	220since the original application for licensure; (ii) has professional liability coverage; and (iii) has
250	250	221completed the continuing education requirements that reflect acceptable national, state, or other
251	251	222recognized professional organization or certification standards of each pertinent discipline and
252	252	223have been reviewed and approved by the board.
253	253	224 Upon satisfactory compliance with the licensing requirements for massage therapists or
254	254	225alternative healing therapists and successful completion of the continuing education
255	255	226requirements, the board shall issue a renewal license showing that the holder is entitled to be
256	256	227licensed for the renewal period. The board may provide for the late renewal of a license that has 12 of 18
257	257	228lapsed and may require payment of a late fee. All licensing and application fees and
258	258	229administrative fines collected pursuant to sections 227 to 235, inclusive, shall be deposited into
259	259	230the Division of Professional Licensure Trust Fund established in section 35V of chapter 10.
260	260	231 SECTION 10. Section 230 of said chapter 112 is hereby amended by inserting after the
261	261	232word “therapists”, in line 2, the following words:- , or alternative healing therapists.
262	262	233 SECTION 11. Said chapter 112 is hereby further amended by striking out section 231 in
263	263	234its entirety and inserting in place thereof the following section:-
264	264	235 Section 231. The board may grant a license to an applicant for an alternative healing
265	265	236therapist license who: (i) (A) provides documentation, acceptable to the board, that demonstrates
266	266	237that the applicant has provided an appropriate number of hours of an alternative healing therapy,
267	267	238as determined by the board, to members of the public for compensation; (B) has been authorized
268	268	239to practice an alternative healing therapy by the municipal board of health within the
269	269	240commonwealth; provided, however, that the authorization shall be valid not more than 2 years
270	270	241after the date of application; or (C) provides proof of the successful passage or compliance with a
271	271	242training or certification process reflecting a national, state, or other recognized professional
272	272	243organization standard acceptable to the board; (ii) submits a completed application and pays the
273	273	244necessary fee prescribed by the executive office for administration and finance pursuant to
274	274	245section 3B of chapter 7; (iii) is of good moral character, as determined by the discretion of the
275	275	246board; and (iv) provides proof of professional liability coverage.
276	276	247 SECTION 12. Said chapter 112 is hereby further amended by striking out section 232 in
277	277	248its entirety and inserting in place thereof the following section:- 13 of 18
278	278	249 Section 232. (a) The board shall conduct inspections and investigate all complaints filed
279	279	250that relate to the proper practice of massage therapy or alternative healing therapy, the operation
280	280	251of a massage therapy or alternative healing therapy facility and any violation of sections 227 to
281	281	252235, inclusive, or a rule or regulation of the board. Such a complaint may be brought by any
282	282	253person or the board may, on its own, initiate a complaint.
283	283	254 (b) The board shall be under the supervision of the division of professional licensure and
284	284	255shall have all the authority conferred under sections 61 to 65E, inclusive. For the purposes of this
285	285	256section and sections 61 to 65E, inclusive, conduct that places into question the holder's
286	286	257competence to practice massage therapy or an alternative healing therapy or operate a massage or
287	287	258alternative healing therapy facility shall include, but not be limited to: (i) committing fraud or
288	288	259misrepresentation in obtaining a license; (ii) criminal conduct that the board determines to be of
289	289	260such a nature as to render the person unfit to practice as a licensed massage therapist or
290	290	261alternative healing therapist or to operate a licensed massage therapy or alternative healing
291	291	262therapy facility, as evidenced by criminal proceedings that resulted in a conviction, guilty plea or
292	292	263plea of nolo contendere or an admission of sufficient facts; (iii) violating any rule or regulation
293	293	264of the board; (iv) failing to cooperate with the board or its agents in the conduct of an inspection
294	294	265or investigation; (v) failing to fulfill any continuing education requirements set out by the board;
295	295	266(vi) violating an ethical standard that the board determines to be of such a nature as to render the
296	296	267person unfit to practice as a massage therapist or alternative healing therapist or to operate a
297	297	268licensed massage therapy or alternative healing therapy facility, including, but not limited to: (A)
298	298	269inappropriate conduct or touching in the practice of massage therapy or alternative healing
299	299	270therapy; (B) offering medical opinion or diagnosis; or (C) negligence in the course of
300	300	271professional practice. 14 of 18
301	301	272 The board may issue an order to a licensee directing the licensee to cease and desist from
302	302	273unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the
303	303	274licensee has engaged in such conduct.
304	304	275 (c) A massage therapist or alternative healing therapist whose license to practice is
305	305	276suspended for more than 1 year for professional misconduct with regard to insurance claims shall
306	306	277not own, operate, practice in or be employed by another massage therapist, alternative healing
307	307	278therapist or a physical therapist or chiropractor, in any capacity, until the license is reinstated by
308	308	279the board. A massage therapist or alternative healing therapist whose license is suspended for a
309	309	280second offense with regard to insurance claims shall have the license permanently revoked and
310	310	281may not own, operate, practice in or be employed by a business that provides massage therapy,
311	311	282alternative healing therapy, physical therapy or chiropractic care.
312	312	283 (d) Nothing in this section shall limit the board's authority to impose sanctions by consent
313	313	284agreements that are considered reasonable and appropriate by the board. A person aggrieved by a
314	314	285disciplinary action taken by the board pursuant to this section or section 235 may, pursuant to
315	315	286section 64, file a petition for judicial review.
316	316	287 SECTION 13. Said chapter 112 is hereby further amended by striking out section 233 in
317	317	288its entirety and inserting in place thereof the following section:-
318	318	289 Section 233. The board shall establish standards to be met by the massage therapy
319	319	290schools as well as alternative healing therapy programs. The board shall approve massage
320	320	291therapy school and alternative healing therapy program curriculum, training, facilities and
321	321	292instructors. A school or program shall not teach massage therapy or alternative healing therapies 15 of 18
322	322	293without prior approval by the board unless licensed by the division of professional licensure
323	323	294pursuant section 263 or other state or federal agency or department.
324	324	295 SECTION 14. Section 234 of said chapter 112 is hereby amended by inserting after the
325	325	296words “massage therapy”, in line 2, the following words:- and alternative healing therapies.
326	326	297 SECTION 15. Section 235 of said chapter 112 is hereby amended by inserting after the
327	327	298word “means”, in line 25, the following words:- or through online advertising means or forums.
328	328	299 SECTION 16. Said section 235 of said chapter 112 is hereby further amended by striking
329	329	300out subsection (b) and inserting in place thereof the following 2 subsections:-
330	330	301 (b) Only a person duly licensed under this chapter shall be designated as an “alternative
331	331	302healing therapist” and entitled to use the terms “alternative healing therapist”, “alternative
332	332	303healing therapy”, or any term reflecting one of the separate and distinct complementary health
333	333	304practices defined as alternative healing therapy under section 227” when advertising or printing
334	334	305promotional material. A person who uses such a term in the person’s professional title without
335	335	306being authorized to do so shall be subject to discipline by the board. A person who: (i)
336	336	307knowingly aids and abets another to use such a term when the person is not authorized to do so;
337	337	308or (ii) knowingly employs a person not authorized to use such a term in the course of the
338	338	309employment, shall be subject to a disciplinary proceeding before the board. Nothing in this
339	339	310section shall prohibit a licensed alternative healing therapist from using terms reflecting a
340	340	311specific discipline for which they are authorized by the board to practice when advertising or
341	341	312printing promotional material; provided further, that such terms shall include, but not be limited
342	342	313to, Feldenkrais, reflexology, Asian Bodywork Therapy, Acupressure, Amma, Tuina, and Shiatsu,
343	343	314Trager, Ayurvedic therapy, Rolf structural integration, polarity, acupressure, and reiki. 16 of 18
344	344	315 It shall be a violation of this chapter for a person to advertise: (i) as an alternative healing
345	345	316therapy facility, as defined by section 227, unless the person has an employee who holds a valid
346	346	317license under this chapter; (ii) by combining advertising for a licensed alternative healing therapy
347	347	318service with escort or dating services; (iii) as performing alternative healing therapy in a form in
348	348	319which the person has not received training or of a type that is not licensed or otherwise
349	349	320recognized by law or administrative rule;.
350	350	321 As used in this section, the term “advertise” shall include, but not be limited to: (i) the
351	351	322issuance of a card, sign or device to another; (ii) the causing, permitting or allowing of a sign or
352	352	323marking on or in a building, vehicle or structure; (iii) advertising in a newspaper or magazine, on
353	353	324television or through electronic means or online advertising means or forums; (iv) a listing or
354	354	325advertising in a directory under a classification or heading that includes the word “alternative
355	355	326healing therapy”, “bodyworker”, “bodywork therapy”, or “alternative healing therapist”; or (v) a
356	356	327commercial broadcast by airwave transmission.
357	357	328 (c) A person who: (i) is otherwise licensed, certified or registered under the law; (ii) is
358	358	329performing services within the person’s authorized scope of practice; and (iii) does not hold the
359	359	330person’s self out to be a massage therapist or alternative healing therapist, shall be exempt from
360	360	331this section.
361	361	332 SECTION 17. Section 51 of chapter 140 of the General Laws, as so appearing, is hereby
362	362	333amended by inserting after the word “therapy”, in lines 1 and 8, each time it appears, the
363	363	334following words:- or any alternative health therapy.
364	364	335 SECTION 18. Subsection (a) of said section 51 of said chapter 140 is hereby amended
365	365	336by striking out the last sentence and inserting in place thereof the following:- 17 of 18
366	366	337 Any premises used to offer massage therapy or any alternative health therapy under said
367	367	338section 227 to 236, inclusive, of said chapter 112 shall be subject to inspection by local boards of
368	368	339health, and their respective agents, in addition to the department of professional licensure and
369	369	340board of registration of massage therapy and alternative healing therapies. Nothing in section
370	370	341shall require a license from a municipal authority in addition to the license required pursuant to
371	371	342said section 227 to 236, inclusive, of chapter 112.
372	372	343 SECTION 19. Subsection (b) of said section 51 of said chapter 140 is hereby amended by
373	373	344striking out the last sentence and inserting in place thereof the following sentence:-
374	374	345 A massage therapist or alternative healing therapist, whose license to practice massage
375	375	346therapy or alternative healing therapy is revoked or suspended for more than 1 year with regard
376	376	347to insurance claims, shall not own, operate, practice in or be employed by a massage therapy or
377	377	348alternative healing therapy office, clinic or other place designated for the practice of massage
378	378	349therapy, alternative healing therapy, physical therapy or chiropractic.
379	379	350 SECTION 20. Said chapter 140 is hereby further amended by striking out section 52 in
380	380	351its entirety and inserting in place thereof the following section:-
381	381	352 Section 52. A member of the police department of a town may, upon appropriate legal
382	382	353process, enter and inspect any premises in that town used for massage, alternative healing
383	383	354therapy or the giving of vapor baths.
384	384	355 SECTION 21. The board of registration of massage therapy and alternative healing
385	385	356therapies established under section 98 of chapter 13 of the General Laws shall promulgate
386	386	357regulations not more than 180 days after a quorum of the board is appointed. 18 of 18
387	387	358 SECTION 22. All orders, rules and regulations duly made and all licenses and approvals
388	388	359duly granted that are in force immediately before the effective date of this act shall continue in
389	389	360force and shall thereafter be enforced until superseded, revised, rescinded or cancelled in
390	390	361accordance with law by the appropriate board.
391	391	362 SECTION 23. The board of registration of massage therapy and alternative healing
392	392	363therapies established under section 98 of chapter 13 of the General Laws shall receive
393	393	364applications for licenses under section 231 of chapter 112 of the General Laws on or before July
394	394	3651, 2025.
395	395	366 SECTION 24. This act shall take effect upon its passage.