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Oklahoma House Bill HB2514

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2514 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 2514 By: Pittman of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
3030
31- and
31+STATE OF OKLAHOMA
3232
33- Bergstrom of the Senate
33+1st Session of the 59th Legislature (2023)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 2514 By: Pittman
3438
3539
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41+COMMITTEE SUBSTITUTE
3742
38-[ professions and occupations - Oklahoma Cosmetology
39-and Barbering Act – curriculum hours - eligibility to
40-provide instruction - student apprentices -
41-compensation for work - State Board of Cosmetology
42-and Barbering - rules - examination for licensure -
43-effective date ]
43+An Act relating to massage therapy; amending 59 O.S.
44+2021, Section 4200.2, which re lates to definitions;
45+defining terms; amending 59 O.S. 2021, Section
46+4200.3, which relates to massage therapy licensing;
47+requiring license to operate massage therapy
48+establishment; preventing licensed nonresident to
49+operate if services are opened to general public;
50+updating statutory reference; amending 59 O.S. 2021,
51+Section 4200.4, which relates to the authority of the
52+State Board of Cosmetology and Barbering; expanding
53+authority over certain permits and in spections;
54+modifying terms of appointments to Board; providing
55+for vacancies; modifying license fees; establishing
56+license fee for establishment license; authorizing
57+the Board to issue massage therapy, temporary work
58+permits, and massage therapy establishment license;
59+providing conditions for licensees to be denied or
60+placed on probation by the Board; requiring
61+disclosure of certain crimes; allowing the Board to
62+require an applicant to submit to a nation al criminal
63+history record check; amending 59 O.S. 2021, Section
64+4200.5, which relates to license requirements;
65+removing the requirements needed for licensing during
66+certain time frame; establishing licensing standards
67+for an original license; removing nec essity for
68+liability insurance; establishing massage therapy
69+establishment license; providing for requirements
70+necessary for issuances of license by Board;
71+requiring disclosure of certain crimes; establishing
72+standards for renewal; amending 59 O.S. 20 21, Section
73+4200.6, which relates to lic ense posting; requiring
74+license postage at each place of business; amending
75+59 O.S. 2021, Section 4200.7, which relates to
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49-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
50-SECTION 1. AMENDATORY 59 O.S. 2021, Section 199.7, is
51-amended to read as follows:
52-Section 199.7 A. Each cosmetology and barber school shall be
53-licensed annually by the State Board of Cosmet ology and Barbering.
54-Application for the first year's license for a cosmetology and
55-barber school shall be a ccompanied by a fee of Four Hundred Dollars
56-($400.00), which sha ll be retained by the Board if the applic ation
57-is approved and a license is issued. The annual renewal license f ee
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84-for cosmetology or barber schools s hall be One Hundred Twenty -five
85-Dollars ($125.00).
86-B. 1. No license or renewal thereof for a cosmetolog y or
87-barber school shall be issued unless the owner thereof furnishes to
88-the Board a good and sufficient surety b ond in the principal sum of
89-Two Thousand Dollars ($2,000.00) for the first inst ructor and an
90-additional One Thousand Dollars ($1,000.00) for ea ch additional
91-instructor, executed by a s urety company authorized to do business
92-in this state, and conditioned o n the faithful performance of the
93-terms and conditions of all contracts entered into between the owner
94-of the cosmetology or barber school and all persons enrolling
95-therein.
96-2. The surety bond shall be in a form approved by t he Attorney
97-General and filed in the Office of the Secretary of State. Suit may
98-be brought on the bond by an y person injured by reason of the breach
99-of the conditions there of.
100-C. It shall be the duty of the owner or manager of a
101-cosmetology or barber sch ool to enter into a written co ntract with
102-all students before permit ting students to attend any classes.
103-Contracts shall be made out in triplicate, the original copy to be
104-retained by the school, the duplicate to be given to the student,
105-and the triplicate to be filed with the executi ve director of the
106-Board.
103+massage therapy schools; expanding authoriz ed schools
104+necessary to be licensed; removing provision for
105+instruction as a massage therapis t; amending 59 O.S.
106+2021, Section 4200.9, w hich relates to out-of-state
107+license; removing conditions for issuance of out-of-
108+state license; allowing the Board to issue temporary
109+work permits; providing conditions for issuance of
110+temporary work permit; requiring expiration of permit
111+without the ability to renew; establish ing massage
112+therapy license renewal; providing for conditions for
113+license renewal; requiring disclosure of certain
114+crimes; providing for renewal in certain time frame;
115+establishing fees for renewal; requiring submission
116+of proof of completion of continuing education for
117+renewal; requiring reapplication for a license if not
118+renewed in certain time frame; amending 59 O.S. 2021,
119+Section 4200.10, which relates to preemption;
120+providing preemption for massage therapy
121+establishments; amending 59 O.S. 2021, Section
122+4200.11, which relates to disciplinary actions and
123+proceedings; authorizing the Board to conduct
124+investigations; requiring records a nd information in
125+connection to investigations to be confidential;
126+allowing for exception to confidentiality for use by
127+law enforcement and regulatory agencies; establishin g
128+administrative fines for violations of act;
129+authorizing the Board to issue field citations;
130+allowing for citations to impose actions and fines;
131+requiring a hearing following issuance of citation;
132+allowing for payment of fine without hearing
133+resulting in acknowledgement of violation;
134+establishing punishment by fine or imp risonment for
135+violations made by unlicensed persons, firms, or
136+corporations; authorizing the Boar d to levy
137+administrative fees to unlicensed individuals and
138+owners of establishments; providing exempted
139+individuals from pro visions of the act; amending 59
140+O.S. 2021, Section 4200.13, which relates to
141+violations; expanding violations; repealing 59 O.S.
142+2021, Sections 4200.8, which relates to examination
143+for licensure; providing for codification; and
144+providing an effective date.
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147+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
148+
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133-D. A school licensed or applying for licensure shall maintain
134-recognition as an institution of postsecondary study b y meeting the
135-following conditions:
136-1. The school shall admit as a regular student only an
137-individual who has ea rned a recognized high school diploma, or who
138-is beyond the age of compulsory h igh school attendance;
139-2. The school shall be licensed by name, or in the case of an
140-applicant, shall apply for licensure by name, to offer one or more
141-training programs beyond the secondary level.
142-E. No license for a cosmetology or barber school shall b e
143-issued unless the owner thereof presents evidence satisfactory to
144-the Board that the school has satisfa ctory facilities and equipment
145-and has instructors qualified to give a c ourse of study as provided
146-in the Oklahoma Cosmetology and Barbering Act.
147-F. There shall be included in the curriculum for cosmetology
148-and barber schools, courses of study in the theo ry of cosmetology
149-and barbering related th eory, studies in manipulative practices,
150-sterilization and sanitatio n, shop management, and such other
151-related subjects as may be approved by the Board.
152-G. 1. The Board sh all adopt a curriculum of required course s
153-of instruction in theory and training of either one thousand five
154-hundred (1,500) clock hours or an equivalent number of credit hours
155-as recognized by the United States Department of Education or a
156-regional or national accreditation entity recognized by the United
175+SECTION 1. AMENDATORY 59 O.S. 2021, Section 4200.2, is
176+amended to read as follows:
177+Section 4200.2. As used in the Massage Therapy Pra ctice Act:
178+1. "Board" means the State Board of Cosmetology and Barbering;
179+2. "Direct access" means the ability that the public has to
180+seek out treatment by a massage therapist witho ut the direct
181+referral from a medical or health care professional;
182+3. "Massage therapist" means an individual who practices
183+massage or massage therapy and is licens ed under the Massage Therapy
184+Practice Act. A massage therapist us es visual, kinesthetic, a nd
185+palpatory skills to assess the body and may evaluate a condition to
186+the extent of determining whether massage is indicated or
187+contraindicated;
188+4. "Massage therapy" means the skillful treatment of the soft
189+tissues of the human b ody. Massage is designed to promote general
190+relaxation, improve movement, relieve somatic and mus cular pain or
191+dysfunction, stress and muscle tension, provide for general health
192+enhancement, personal growth, education and the organization,
193+balance and integration of the human bod y and includes, but is not
194+limited to:
195+a. the use of touch, pressure, fri ction, stroking,
196+gliding, percussion, kneading, movement, positioning,
197+holding, range of mot ion and nonspecific stretching
198+within the normal anatomical range of movement, and
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183-States Department of Education in a basic course to be taught in all
184-cosmetology or barbering schoo ls in the state. The basic
185-cosmetology or barbering course shall be designed to qualify
186-students completing the course to take the examination fo r a
187-license.
188-2. Cosmetology and barber students in vocational, trade, and
189-industrial cosmetology and barbering classes in public schools,
190-parochial, private schools or home schools shall qualify by
191-completing one thousand (1,000) hours in a basic course of
192-cosmetology or barbering and five hundred (500) hours of approved
193-related subjects to be selected from, but no t limited to, the
194-following high school courses in a public school, parochial, private
195-or home school: psychology, biology, general science, American
196-history, art, typing I, typing II , business arithmetic,
197-salesmanship, bookkeeping I, bookkeeping II, rela ted mathematics,
198-English II, English III and English IV.
199-H. 1. No person shall be eligible t o give instruction in
200-cosmetology or barbering u nless the person is the holder of a
201-current unrevoked instructor's license issued by the Board.
202-2. Each cosmetology or barber school shall employ at l east one
203-instructor for the first fifteen students registered therein, and at
204-least one additional instru ctor shall be employed for each
205-additional group of fifteen students, or major fraction thereof.
226+vibration by manual or mechanical means with or
227+without the use of massage device s that mimic or
228+enhance manual measures, and
229+b. the external application of ice, heat and co ld packs
230+for thermal therapy, water, lubricants, abrasives and
231+external application of herb al or topical preparations
232+not classified as prescription drugs; and
233+5. "Massage therapy establishment " means any fixed business
234+location, address, building, or pro perty, where a person engages in,
235+conducts, carries on, or permits the practice of massage therapy.
236+This term shall exclude offices or workplaces of licensed healt h
237+care professionals exempted f rom the provisions of the Mas sage
238+Therapy Practice Act;
239+6. "Massage therapy school" means a facility providing
240+instruction in massage therapy;
241+7. "Person" means an individual, partnership, limited liability
242+company, corporation, or association, unless the context otherwise
243+requires;
244+8. "Poses a reasonable threat" means the nature of criminal
245+conduct for which the person was con victed, charged, or to wh ich the
246+person has pleaded guilty or nolo contendere, involved an act or
247+threat of harm against another and has a bearing on the fitness or
248+ability to serve the publ ic or work with others in massage therapy
249+consistent to the provisions in Section 4000.1 of this title; and
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232-3. Students utilizing hybrid learning programs are in cluded in
233-the total student number as referenced in the ratio in paragraph 2
234-of subsection G H of this section.
235-I. A cosmetology or barbering scho ol may be operated in and as
236-part of an accredited high school.
237-J. No cosmetology or barber school owner or an establishment
238-owner shall charge students or apprentices for cosmetic materials,
239-supplies, apparatus, or machines used by them in practice work. A
240-reasonable charge may be made by a cosmetology or barber school for
241-clinical work performed by students u pon persons who are not
242-students therein. No instructor shall be permitted to do
243-professional or clinica l work in a cosmetology or barber school a t
244-any time.
245-K. No cosmetology or barber establishment shall ever be
246-operated in or as a part of a cosmetolog y school.
247-L. 1. Students shall:
248-a. have an eighth-grade education or the equivalent
249-thereof, and
250-b. be at least sixteen (16) years of age unless they are
251-public or private school students who will be sixteen
252-(16) years of age by November 1 of the year in which
253-cosmetology or barbering instruction begins.
254-2. Credit shall not be given to any person by the Bo ard or by a
255-cosmetology or barber school f or hours spent in attending a
277+9. "Substantially relates" means the nature of the crim inal
278+conduct for which the per son was convicted, charged, or to which the
279+person pleaded guilty or nolo contendere, has a direct bearing on
280+the fitness or ability to perform one or more of the duties or
281+responsibilities necessarily related to massage thera py consistent
282+to the provisions in Section 4000.1 of this title.
283+SECTION 2. AMENDATORY 59 O.S. 2021, Section 4200.3, is
284+amended to read as follows:
285+Section 4200.3. A. Unless a person is a licensed as a massage
286+therapist by the State Board of Cosmetology and Barbering , a person
287+shall not:
288+1. Practice massage therapy in this s tate;
289+2. Use the title of massage therapist;
290+2. 3. Represent himself or herself to be a massage therapist;
291+3. 4. Use any other title, words, abbreviations , letters,
292+figures, signs or devices that indicate the person is a massage
293+therapist; or
294+4. 5. Utilize the terms "massage", "massage therapy" or
295+"massage therapist" when advertising or printing promotional
296+material.
297+B. A person shall not maintain, manage or operate a massage
298+therapy school offering education, instruction or training in
299+massage therapy unless the school is a licensed or accredited
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282-cosmetology or barber school unless the person has registered with
283-the Board as a student prior to the attendance, except that a
284-student who has attended a cosmetology or barber school out of state
285-may receive credit for such attendance for transfer upon proper
286-certification as provided by rule of the Board.
287-3. No student shall be c redited with more than eight (8) hours'
288-attendance in a cosmetology or barber school in any one (1) day.
289-4. No person shall be eligible to take th e Board-issued
290-examination for a license unless such person is at least seventeen
291-(17) years of age or a high school graduate.
292-M. 1. No student shall be eligible to take the examination for
293-a Board-issued license without furnishing to the Board the affid avit
294-of the owner of the cosmetology or barber school that the student
295-has satisfactorily completed the requi rements specified in paragraph
296-1 of subsection F G of this section, except public and private
297-school students who will complete the requirements sp ecified in
298-paragraph 2 of subsection F G of this section by the close of the
299-current school year may take the examination next preceding the end
300-of the school year.
301-2. Students who are eligible to take the examina tion shall be
302-given an oral examination if requested by their instructor and proof
303-of qualifying disability is proven.
304-N. No person shall be eligible to register for the examination
305-for an instructor's license unless such person is a high school
327+massage therapy school pursuant to Section 7 of this act 4200.7 of
328+this title.
329+C. Individuals practicing mass age therapy under the Massage
330+Therapy Practice Act shall not perform any of the following:
331+1. Diagnosis of illness or disease;
332+2. High-velocity, low-amplitude thrust;
333+3. Electrical stimulation;
334+4. Application of ultrasound;
335+5. Use of any technique tha t interrupts or breaks the skin; or
336+6. Prescribing of medicines.
337+D. No person shall own or operate a massage therapy
338+establishment without first obtaining an establishment license from
339+the Board.
340+E. Nothing in the Massage Therapy Practice Act shall be
341+construed to prevent:
342+1. Qualified members of other recognized professions who are
343+licensed or regulated under pursuant to Oklahoma law from rendering
344+services within the scope of the license of the person, provided the
345+person does not represent himself or herself as a massage therapist.
346+A physician or other licensed health care provider providing heal th
347+care services within the scope of practice of the physi cian or
348+provider shall not be required to be licensed by or registered with
349+the State Board of Cosm etology and Barbering;
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332-graduate, or has obtained a General Equivalency Dip loma (GED) as to
333-which the applicant shall qualify by tests to be prescribed by the
334-Board and conducted by qu alified examiners selected by the Board,
335-and has:
336-1. Satisfactorily completed all hours required for the
337-appropriate specialty course and an addit ional one thousand (1,000)
338-instructor training hours or equivalent number of credit hours as
339-recognized by the United States Department of Education or as
340-recognized by a national accreditation entity prescribed by the
341-Board in a cosmetology school in this state; or
342-2. Completed all hours required for the appropriate specialty
343-course, three hundred (300) instruc tor training hours, prescribed by
344-the Board in a cosmetology school in this state and has been engaged
345-in the practice of cosmetology for at least the preceding two (2)
346-years.
347-O. The Board shall have the power to conduct examinations
348-around the state at p ublic locations including, but not limited to,
349-technology center schools.
350-P. Each cosmetology or barber school shall prominently display
351-in a conspicuous place above or to the side of the entrance thereto
352-a sign identifying it as an institute of learning. Wording on sign
353-shall be in plain letters at least three (3) inches high and at
354-least one (1) inch wide .
377+2. Students from rendering massage therapy services within the
378+course of study when enrolled at a licensed massage therapy school;
379+3. Visiting massage therapy instructors from another state or
380+territory of the United States, the Di strict of Columbia or any
381+foreign nation from teaching massage therapy, provided the
382+instructor is duly licensed or registered, if required, and is
383+qualified in the instructor's place of residence for the practice of
384+massage therapy;
385+4. Any nonresident pe rson holding a current license,
386+registration or certification in massage therapy from another state
387+or recognized national certification system determined as acceptable
388+by the Board when temporarily present in this state from providing
389+massage therapy serv ices as a part of an emergency response team
390+working in conjunction with disaster relief officials or at special
391+events such as conventions, sporting events, educational field
392+trips, conferences, traveling shows or exhibitions, as long as the
393+services are not open to the general public;
394+5. Physicians or other health care professionals from
395+appropriately referring to duly licensed massage therapists or limit
396+in any way the right of direct access of the public to licensed
397+massage therapists; or
398+6. The practice of any person in this state who uses touch,
399+words and directed movement to deepen awareness of existing patterns
400+of movement in the body as well as to su ggest new possibilities of
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381-SECTION 2. AMENDATORY 59 O.S. 2021, Section 199.8, is
428+movement while engaged within the scope of practice of a profession
429+with established standards and ethics, provided that the services
430+are not designated or implied to be m assage or massage therapy.
431+Practices shall include but ar e not limited to the Feldenkrais
432+Method of somatic education, Rolf Movement Integration by the Rolf
433+Institute, the Trager Approach of movement education, and Body -Mind
434+Centering. Practitioners shal l be recognized by or meet the
435+established standards of ei ther a professional organization or
436+credentialing agency that represents or certifies the respectiv e
437+practice based on a minimal level of training, demonstration of
438+competency, and adherence to ethi cal standards.
439+E. F. A physician or other licensed health care provider
440+providing health care services within their scope of practice shall
441+not be required to be licensed or registered with the State Board of
442+Cosmetology.
443+SECTION 3. AMENDATORY 59 O.S. 2021, Section 4200.4, is
382444 amended to read as follows:
383-Section 199.8 A. Each person training a s an apprentice shall
384-be required to have the same qualif ications as a student for
385-admission into a cosme tology or barber school, and shall be
386-registered with the State Board of Cosmeto logy and Barbering before
387-commencing the training.
388-B. No apprentice shall engage in any of the practices of
389-cosmetology or barbering except under the immediate supervision of a
390-licensed instructor in a cosmetolog y or barber establishment
391-approved by the Board for apprentice training.
392-C. All apprentices must wear a badge whi ch designates them as
393-an apprentice and is furnished by t he Board with the apprentice
394-registration receipt.
395-D. Only one apprentice may be reg istered to receive training in
396-any cosmetology or barber establishment at any one time.
397-E. Completion of three th ousand (3,000) hours of apprentice
398-training in a cosmetol ogy or barber establishment is the equivalent
399-of one thousand five hundred (1,500) ho urs' training in a
400-cosmetology or barber sc hool and shall entitle the apprentice to
401-take the examination.
402-F. 1. Notwithstanding subsection B of this section, a student
403-who has completed one thousand (1,000) hours of instruction in a
404-cosmetology or barber scho ol or vocational, trade, and industrial
445+Section 4200.4. A. The State Board of Cosmetology and
446+Barbering is hereby autho rized to adopt and promulgate rules
447+pursuant to the Administrative Proced ures Act that are necessar y for
448+the implementation and enforcement of the Massage Th erapy Practice
449+Act, including, but not limited to, requirements related to
450+qualifications for licen sure, renewals, reinstatements, temporary
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431-cosmetology and barbering classes in public schools, parochial
432-schools, private schools, or home schools shall be eligible to work
433-as a student apprentice in a cosmetology or barber establishment
434-under the supervision of a licensed cosmetologist or barber who has
435-at least five (5) years ' experience practicing in a licensed
436-establishment.
437-2. Individuals with an active cosmetology or barbering license
438-who have practiced under an active license for at least five (5)
439-years in a licensed establishment shall have the authority to
440-supervise and instruct student apprentices in acco rdance with this
441-subsection.
442-3. A student apprentice shall be entitled to receive fair
443-compensation for the work performed under the direction of the
444-licensed cosmetologist or barber . Fair compensation means fair
445-market value for the cosmet ology and barbering services rendered
446-based on the establishmen t wherein the services are performed. The
447-Board shall promulgate rules outlining compensation details for
448-student apprentice work performed in accordance with this section .
449-SECTION 3. This act shall become effective November 1, 2024.
478+work permits, sanitation, inspection of establishments, and
479+continuing education requirements.
480+B. The State Board of Cosmetology and Barberi ng is hereby
481+empowered to perform investigations, to require the producti on of
482+records and other documents relating to practices regulated by the
483+Massage Therapy Practice A ct, and to seek injunctive relief in a
484+court of competent jurisdiction without bond .
485+C. There is hereby created an Advisory Board on Massage
486+Therapy. The Advisory Board on Massage Therapy shall assist the
487+State Board of Cosmetology and Barbering in carrying out the
488+provisions of this section regarding the quali fications,
489+examination, registration, regulation, and standards of professional
490+conduct of massage therapists. The Advisory Board on Massage
491+Therapy shall consist of five (5) members to be appointe d by the
492+Governor for four-year terms as follows:
493+1. Three members who shall be lic ensed massage therapists and
494+have practiced in Oklahoma for not l ess than three (3) years prior
495+to their appointment . One member shall be appointed to an initial
496+term that shall expire on June 30, 202 5. One member shall be
497+appointed to an initial term th at shall expire on June 30, 2026.
498+One member shall be appointed to an in itial term that shall expire
499+on June 30, 2027. All successive terms for the positions provided
500+in this subsection shall be for four (4) years each;
450501
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452-ENGR. H. B. NO. 2514 Page 10 1
502+HB2514 HFLR Page 10
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477-Passed the House of Representatives the 14th day of March, 2024.
528+2. One member who shall be an adm inistrator or faculty member
529+of a nationally accredited school of massage therapy school duly
530+licensed or accredited pursuant to Section 4200. 7 of this title.
531+The member shall be appointed to an initial term that shall expire
532+on June 30, 2025. All succes sive terms for this position shall be
533+for four (4) years each ; and
534+3. One member who shall be a citizen public member. The member
535+shall be appointed to an initial term th at shall expire on June 30,
536+2026. All successive t erms for this position shall be for four (4)
537+years each.
538+D. A person appointed to fill a position that ha s become vacant
539+shall serve the remainder of th e term of the vacated position. The
540+person shall be eligible for appointment to successive four-year
541+terms thereafter.
542+E. The initial and renewal fee for any a massage therapy
543+license issued between the effective date of this act and May 1,
544+2017, shall be Twenty -five Dollars ($25.00). The fee or renewal fee
545+for any massage therapy license issued after May 1, 201 7, shall be
546+Fifty Dollars ($50.00) per year. The initial and renewal fee for an
547+establishment license shall be Fifty Dollars ($50.00) . A duplicate
548+license fee shall be Ten Dollars ($10.00) Five Dollars ($5.00).
549+SECTION 4. NEW LAW A new section of law to be codified
550+in the Oklahoma Statutes as Section 4200.4.1 of Title 59, unless
551+there is created a duplication in numbering , reads as follows:
478552
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579+A. The State Board of Cosmetology and Barbering shall have
580+authority to issue mass age therapy licenses, temporary work permits,
581+and massage establishment licenses as provided in the Massage
582+Therapy Practice Act.
583+B. The Board may deny or place probationary conditions on a
584+massage therapy license or temporary work permit if:
585+1. The applicant has pleaded guilty, nolo con tendere or been
586+convicted of a crime, or has a criminal charge currently pending,
587+that substantially relates to the practice of massage therapy and
588+that poses a reasonable threat to public health or safety ;
589+2. The applicant has had a license or permit den ied or has been
590+the subject of disciplinary action in another jurisdictio n, if the
591+grounds for the denial or disciplina ry action would constitute cause
592+for denial or disciplinary action pursuant to the Massage Therapy
593+Practice Act or the Board 's rules;
594+3. The applicant has previously held a license or permit by the
595+Board and the license or permit has been revoked or the a pplicant
596+has been the subject of disciplinary action by the Board; or
597+4. The applicant attempts to obtain the license or permit by
598+means of fraud, misrepresentation, deceit, or concealment of
599+material facts.
600+C. The Board may deny or place p robationary conditions on a
601+massage establishment license i f:
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482- Presiding Officer of the House
483- of Representatives
629+1. The applicant has pleaded guilty, nolo contendere, or been
630+convicted of a crime, or has a criminal charge currently pending,
631+that substantially relates to the ownership, operation, or
632+management of a massage therapy establishment and that poses a
633+reasonable threat to public health and safety;
634+2. The applicant has had a license or permit d enied or has been
635+the subject of disciplinary action in another jurisdict ion, if the
636+grounds for the denial o r disciplinary action would constitute cause
637+for denial or disciplinary action pursuant to the Massage Therapy
638+Practice Act or the Board 's rule;
639+3. The applicant has previously held a license or permit by the
640+Board and the license or permit has been r evoked or the applicant
641+has been the subject of disciplinary action by the Board; or
642+4. The applicant attempts to ob tain the license or permit by
643+means of fraud, misrepresentation, deceit, or concealment of
644+material facts.
645+D. The Board may require an applicant for an initial massage
646+therapy license, temporary work permit, or an initial establishment
647+license to submit to a national criminal his tory record check as
648+defined at Section 150.9 of Title 74 of the Oklahoma Statutes . The
649+costs associated with the national criminal history record check
650+shall be paid by the applic ant.
651+SECTION 5. AMENDATORY 59 O.S. 2021, Section 4200.5, i s
652+amended to read as follows:
484653
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486-Passed the Senate the ___ day of __________, 2024.
680+Section 4200.5. A. Between the effective date of this act and
681+May 1, 2017, the State Board of Cosmetolo gy and Barbering shall
682+issue a license to practice massage therapy to any person who fi les
683+a completed application, ac companied by the required fees, and who
684+submits satisfactory evidence tha t the applicant:
685+1. Is at least eighteen (18) years of age;
686+2. Has one or more of the following:
687+a. documentation that the applicant has completed and
688+passed a nationally recognized competency examination
689+in the practice of massage therapy,
690+b. an affidavit of at least five (5) years of work
691+experience in the state, or
692+c. a certificate and transcript of c ompletion from a
693+massage school with at least five hundred (500) hours
694+of education;
695+3. Provides proof of documentation that the applicant currently
696+maintains liability insurance for practice as a massage therapist;
697+and
698+4. Provides full disclosure to the Board of any criminal
699+proceeding taken against th e applicant including but not l imited to
700+pleading guilty or nolo contendere to, or receiving a convictio n
701+for, a felony crime that substantially relates to the practice of
702+massage therapy and poses a reason able threat to public safety.
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730+B. To assist in det ermining the entry-level competence of an
731+applicant who makes application for a license after May 1, 201 7, the
732+Board may adopt rules establishing additional standards or criteria
733+for examination acceptance and may adopt only those examinations
734+that meet the standards outlined in Section 4200.8 of this title.
735+C. 1. After May 1, 2017, except Except as otherwise provided
736+in the Massage Therapy Practice Act, every person de siring to
737+practice massage therapy in this state shall be required to first
738+obtain a license from the Board.
739+2. After May 1, 2017, the B. The Board may issue a an initial
740+massage therapy license to an applicant a person who files a
741+completed application, accompanied by the required fees, and who:
742+a. is 1. Is at least eighteen (18) years o f age,;
743+b. provides 2. Provides documentation that the applicant has
744+completed the equivalent of five hu ndred (500) hours of formal
745+education in massage therapy from a s tate-licensed school,
746+c. provides graduated from a state licensed or accredited
747+massage therapy school with a t least five hundred (500) clock hours
748+of formal education;
749+3. Provides documentation that the applicant has passed a
750+nationally recognized compe tency examination approved by the Boa rd,
751+d. provides proof that the applicant currently maintains
752+liability insurance for practice as a massage therapist, and
753+e. provides; and
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491- Presiding Officer of the Sena te
781+4. Provides full disclosure to the Board of any criminal
782+proceeding taken again st the applicant including pending criminal
783+charges, pleading guilty or nolo contendere to, or receiving a
784+conviction for, a felony crime that substantially relates to the
785+practice of massage therapy and poses a reasonable threat to public
786+safety.
787+D. As used in this section:
788+1. "Substantially relates" means the nature of criminal conduct
789+for which the person was convicted has a direct bearing on the
790+fitness or ability to perform one or more of the duties or
791+responsibilities necessarily related to the occu pation; and
792+2. "Poses a reasonable t hreat" means the nature of criminal
793+conduct for which the person was convicted invol ved an act or threat
794+of harm against another and has a bearing on the fitness or ability
795+to serve the public or work with others in the occupation.
796+SECTION 6. NEW LAW A new section of law to be codified
797+in the Oklahoma Statutes as S ection 4200.5.1 of Title 59, unless
798+there is created a duplication in num bering, reads as follows:
799+A. No person shall own or operate a m assage therapy
800+establishment without obtaining an establishment license from the
801+State Board of Cosmetology and Barbering.
802+B. The Board may issue an initial establishment license to a n
803+applicant who:
804+1. Is at least eight (18) years of age;
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832+2. Discloses whether the a pplicant has been deni ed a massage
833+therapy establishment license in another jurisdiction;
834+3. Discloses whether the applicant holds or has held a massage
835+therapy establishment lic ense in another jurisdiction and whether
836+disciplinary action has ever been ta ken against the applic ant
837+including, but not limited to, suspension or revocation of the
838+license; and
839+4. Discloses whether the applicant has pleaded guilty, nolo
840+contendere or been convicted of a crime, o r has a criminal charge
841+currently pending, that substantially relates to the practice of
842+massage therapy and th at poses a reasonable threat to public health
843+and safety.
844+C. All massage therapy establishments shall be sub ject to
845+inspection by the Board and shall comply with a ll provisions of the
846+Massage Therapy Practice Act and rules of the Board. Inspection of
847+a private residence licensed as a massage therapy establishment
848+shall be limited to areas where massage therapy is practic ed,
849+including any restroom made available to massage therapy clients.
850+D. A massage therapy establishment license shall be renewed
851+annually. The renewal date shall be established by the Board
852+through adoption of a rule.
853+E. A licensee may renew a massage therapy establishment license
854+by:
855+
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882+1. Submitting a completed renewal application on a form
883+prepared by the Board;
884+2. Tendering the re quired renewal fee;
885+3. Disclosing any plea of guilty, nolo contendere or conviction
886+of a crime, or pending criminal charg e, other than a minor t raffic
887+violation in any jurisdiction within the preceding licensure year;
888+and
889+4. Disclosing any administrative or legal ac tion taken against
890+the licensee in any other jurisdiction governing massage therapy.
891+SECTION 7. AMENDATORY 59 O.S. 2021, Section 4200.6, is
892+amended to read as follo ws:
893+Section 4200.6. A. A massage therapy license or massage
894+therapy establishment license issued by the State Board of
895+Cosmetology and Barbering shall at all times be posted in a
896+conspicuous place in the principal each place of business of t he
897+holder in which massage therapy is performed.
898+B. A license issued pursuant to th e Massage Therapy Practice
899+Act is not assignable or transferable.
900+SECTION 8. AMENDATORY 59 O.S. 2021, Section 4200.7, is
901+amended to read as follows:
902+Section 4200.7. A. A person shall not advertise, maintain,
903+manage or operate a massage therapy school unless the school is
904+licensed by the Oklahoma Board of Private Vocational Sch ools or is a
905+
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932+technology center school accredited b y the Oklahoma State Board of
933+Career and Technology Education.
934+B. A person shall not instruct as a massag e therapist unless
935+the instruction is within the scope of curriculum at a licensed
936+massage therapy school .
937+SECTION 9. AMENDATORY 59 O .S. 2021, Section 4200.9, is
938+amended to read as follows:
939+Section 4200.9. A. The State Board of Cosmetology and
940+Barbering may license an applicant, provided that the applicant who
941+possesses a valid lic ense, permit, or registration to practice
942+massage therapy issued by the appropriate examining board under the
943+laws of any other state or territory of t he United States, the
944+District of Columbia or any foreign nation and has met educational
945+and examination requirements equal to or exceed ing those established
946+pursuant to the Massage Therapy Practice Act .
947+B. 1. Massage therapy licenses shall expire bienni ally.
948+Expiration dates shall be established by the Board through adoption
949+of a rule.
950+2. A license shall be renewed by submitting a ren ewal
951+application on a form provided by the Board.
952+3. A thirty-day grace period shall be allowed each license
953+holder after the end of the renewal period , during which time a
954+license may be renewed upon payment of the renewal fee and a late
955+fee as prescribed by the Board.
956+
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983+C. 1. If a massage therapy license is not renewed by the end
984+of the thirty-day grace period, the licen se shall be placed on
985+inactive status for a period not to exceed one (1) year. At the end
986+of one (1) year, if the license has not been reactivated, it shall
987+automatically expire.
988+2. If within a period o f one (1) year from the date the license
989+was placed on inactive status the massage t herapist wishes to resume
990+practice, the massage therapist shall notify th e Board in writing
991+and, upon receipt of proof of comple tion of all continuing education
992+requirements and payment of an amount set by the Board in lieu of
993+all lapsed renewal fees, the license shall be restored in full.
994+D. The Board shall establish a schedu le of reasonable and
995+necessary administrative fees.
996+E. The Board shall fix the amount of fees so t hat the total
997+fees collected shall be sufficient to meet the expenses of
998+administering the provisions of the Massage Therapy Practice Act
999+without unnecessary surpluses.
1000+SECTION 10. NEW LAW A new section of law to be codified
1001+in the Oklahoma Statutes as Section 4200.9.1 of Title 59, unless
1002+there is created a duplicat ion in numbering, reads as follows:
1003+A. The State Board of Cosmetology and Barbering may issue a
1004+temporary work permit to a person who submits a completed
1005+application accompanied by the required fees, and who:
1006+1. Is at least eighteen (18) years of age;
1007+
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1034+2. Provides documentation that the applicant has graduated from
1035+a state licensed or accredited massage therapy school with at least
1036+five hundred (500) clock hours of formal education; and
1037+3. Discloses whether the applica nt has pleaded guilty, nolo
1038+contendere or been convicted of a crime, or has a criminal charge
1039+currently pending, that substantially relates to the practice of
1040+massage therapy and that poses a reasonable threat to public health
1041+or safety.
1042+B. A temporary work permit issued pursuant to this se ction
1043+shall authorize the recipient to practice massage the rapy under the
1044+direct supervision of a licensed massage the rapist in accordance
1045+with rules promulgated by the Board. The permit shall expire ninety
1046+(90) days after the date it is issued and is not renewable.
1047+SECTION 11. NEW LAW A new section of l aw to be codified
1048+in the Oklahoma Statutes as Section 4200.9.2 of Title 59, unless
1049+there is created a duplication in numbering, reads as follows:
1050+A. A massage therapy license s hall be renewed biennially. The
1051+renewal date shall be established by the State Board of Cosmetology
1052+and Barbering through adoption of a rule.
1053+B. A licensee may renew a license by:
1054+1. Submitting a completed renewal application on a form
1055+prepared by the Board;
1056+2. Tendering the required renewal fee;
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1084+3. Submitting proof of completio n of all continuing education
1085+requirements;
1086+4. Disclosing any ple a of guilty, nolo contend ere or conviction
1087+of a crime, or pending criminal charge, other than a minor traffic
1088+violation in any jurisdiction within the preceding licensure year;
1089+and
1090+5. Disclosing any administrative or legal act ion taken against
1091+the licensee in any other jurisdiction governing massage therapy.
1092+C. Any person who fails to ren ew the license within the
1093+required time may make application for renewal at any time within
1094+five (5) years from the expiration date of the license by:
1095+1. Paying the regular renewal license fee and a lat e fee of Ten
1096+Dollars ($10.00) for each expired year, which becomes due sixty ( 60)
1097+days after the expiration date; and
1098+2. Submitting proof of completion of a ll continuing education
1099+requirement cumulative for the years since the licensed expired.
1100+D. Any person who fails to renew a license within five (5)
1101+years of the expiration date shall apply for a new license and meet
1102+all the requirements for initial licensure.
1103+SECTION 12. AMENDATORY 59 O.S. 2021 , Section 4200.10, is
1104+amended to read as follows:
1105+Section 4200.10. A. The Massage Therapy Practice Act shall
1106+supersede preempt all ordinances or regulations regulating massage
1107+therapists and massage therapy establishments in any city, county,
1108+
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1135+or political subdivision , except as listed in subsection B of this
1136+section.
1137+B. This section shall not affect the regulations of a city,
1138+county or a political subdivision relating to zoning requirements ,
1139+general health and safety requirements , or occupational license fees
1140+pertaining to health care pr ofessions.
1141+SECTION 13. AMENDATORY 59 O.S. 2021, Section 4200.11, is
1142+amended to read as follows:
1143+Section 4200.11. A. The State Board of Cosmetology and
1144+Barbering may take disciplinary action against a person licensed
1145+pursuant to the Massage Therapy Pract ice Act as follows:
1146+1. Deny or refuse to renew a license;
1147+2. Suspend or revoke a license;
1148+3. Issue an administrative reprimand; or
1149+4. Impose probationary conditions when the licensee or
1150+applicant has engaged in unprofessional co nduct that has endangere d
1151+or is likely to endanger th e health, welfare or safety of the
1152+public.
1153+B. The Board shall take disciplinary action upon a finding t hat
1154+the licensee or person has committed an act of unprofessional
1155+conduct or committed a violation of rule or law.
1156+C. Disciplinary proceedings may be i nstituted by sworn the
1157+filing of a complaint of any person, including members of the Board,
1158+and shall conform to the provisions of the Administrative Procedures
1159+
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1186+Act. The Board shall conduct investigations in the same manner and
1187+according to the sam e terms as provided for in the Oklahom a
1188+Cosmetology and Barbering Act. Records and information obtained in
1189+connection with an investigation of alleged violations shall be
1190+confidential in the same manner as provide for in the Oklahoma
1191+Cosmetology and Barbering Ac t and rules of the Board; provided, the
1192+information obtained in the course of any investigation shall be
1193+made available to the appropriate law enforcement or regulatory
1194+agency.
1195+D. The Board shall establ ish the guidelines for the disposition
1196+of disciplinary cases. Guidelines may includ e, but shall not be
1197+limited to, periods of probation, conditions of proba tion,
1198+suspension, revocation or reissuance of a license.
1199+E. A license holder who has been found culpable in violation of
1200+the Massage Therapy Practice Act, rules of the Board, or othe r
1201+applicable law and sanctioned by the Board shall be responsible for
1202+the payment of all costs of the disciplinary proceedin gs and any
1203+administrative fees imposed.
1204+F. The surrender or expiration of a license shall not deprive
1205+the Board of jurisdiction to proceed with disciplinary action.
1206+G. The Board may assess an administrat ive fine of not more than
1207+Two Hundred and Fifty Dollars ($250.00) for each violation of the
1208+Massage Therapy Practice Act or r ule of the Board, except as
1209+provided in subsection H of this section. Each day a violation
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1237+continues shall constitute a continued or flagrant violation of
1238+these rules, such that the Board may refuse to renew the related
1239+license or issue an initial license where the individual cited is
1240+unlicensed, unless and until the citation is paid.
1241+H. The Board shall have the authority to levy administrative
1242+fines not to exceed Two Hundred Fifty Dollars ($250.00) for persons
1243+practicing massage therapy without a license, and for owners of
1244+massage therapy establishments who all ow unlicensed individuals to
1245+practice massage therapy without a license in their establishment.
1246+Each day a violation contin ues shall be a separate offense;
1247+provided, the administrative fine for violat ions of this subsection
1248+shall not exceed a total of Two Hundred Fifty Dollars ($250.00) per
1249+month.
1250+I. The Board may issue fie ld citations in enforcing the Massage
1251+Therapy Practice Act. Field citations ma y require the performance
1252+of an action and impose fines. Such citations shall provide notice
1253+of a hearing as provided under this section; provided, a person who
1254+receives a citation may waive the hearing and pay the fine. Payment
1255+of the fine shall con stitute acknowledgement of the violation and
1256+may be considered in any further discip linary action by the Board.
1257+SECTION 14. AMENDATORY 59 O.S. 2021, Section 4200.13, is
1258+amended to read as follows:
1259+Section 4200.13. A. A person who does any of the following
1260+shall be guilty of a misdemeanor upon conviction:
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1288+1. Violates a provision of the M assage Therapy Practice Act or
1289+rules adopted pursuant to the Massage Th erapy Practice Act;
1290+2. Renders or attempts to render massage therapy services or
1291+massage therapy instruction without the required current valid
1292+massage therapy or mass age therapy establishment license or
1293+temporary work permit issued by the State Board of Cosmetology and
1294+Barbering;
1295+3. Permits any person in one's employ, supervision, or control
1296+to practice massage therapy unless that person has obtained an
1297+appropriate license from the Bo ard;
1298+4. Advertises or uses a designation, diploma or certificate
1299+implying that the person offers massage t herapy instruction or is a
1300+massage therapy school unless the person holds a current valid
1301+license issued by the Oklahoma Board of Private Vocational Schools
1302+or is a technology center school accredited by the Oklahoma Sta te
1303+Board of Career and Technology Ed ucation; or
1304+4. 5. Advertises or uses a designation, diploma, or certificate
1305+implying that the person is a massage therapist unless the person
1306+holds a current valid license issued by the State Board of
1307+Cosmetology and Barbering.
1308+B. 1. Therapists regulated by the Massage Therapy Practic e Act
1309+shall be designated as "massage therapists" and entitled to utilize
1310+the term "massage" when advertising or prin ting promotional
1311+material.
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1339+2. Any person who uses a professional title regulated by the
1340+Massage Therapy Practice Act who is not authorized to use the
1341+professional title sh all be subject to disciplinary action by the
1342+Board.
1343+3. Any person who knowingly aid s and abets one or more persons
1344+not authorized to use a professional ti tle regulated by the Massage
1345+Therapy Practice Act or knowingly emplo ys or contracts with a person
1346+or persons not authorized to use a regulated professional title in
1347+the course of the em ployment, shall also be subject to disciplinary
1348+action by the Board. I t shall be a violation of the Massage Therapy
1349+Practice Act for any p erson to advertise massage therap y services in
1350+any combination with any escort or dating service.
1351+SECTION 15. REPEALER 59 O.S. 2021, Section 4200.8, is
1352+hereby repealed.
1353+SECTION 16. This act shall become effe ctive November 1, 2023.
1354+
1355+COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
1356+TECHNOLOGY, dated 02/28/2023 - DO PASS, As Amended.