S2536

An Act providing for the licensing of massage, bodywork and somatic therapists, amending the title of P.L.1999, c.19, amending and supplementing P.L.1999, c.19, and repealing section 13 of P.L.1999, c.19.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The title of P.L.1999, c.19 is amended to read as follows:

AN ACT providing for the [certification] licensing of massage, bodywork and somatic therapists and supplementing P.L.1947, c.262 (C.45:11-23 et seq.).

(cf: P.L.1999, c.19, title)

2. Section 1 of P.L.1999, c.19 (C.45:11-53) is amended to read as follows:

1. This act shall be known and may be cited as the "Massage, Bodywork and Somatic Therapist [Certification] Licensing Act."

(cf: P.L.1999, c.19, s.1)

3. Section 2 of P.L.1999, c.19 (C.45:11-54) is amended to read as follows:

2. The Legislature finds and declares that:

a. the public interest requires the regulation of the practice of massage, bodywork and somatic therapies and the establishment of clear [certification] licensure standards for massage, bodywork and somatic therapists;

b. the health and welfare of the citizens of this State will be protected by identifying to the public those individuals who are qualified to [call themselves] practice massage, bodywork and somatic [therapists] therapies; and

c. the regulation of massage, bodywork and somatic therapists will benefit the public by encouraging it to take advantage of massage, bodywork and somatic therapies as a viable complement to traditional medicine.

(cf: P.L.1999, c.19, s.2)

4. Section 3 of P.L.1999, c.19 (C.45:11-55) is amended to read as follows:

3. As used in this act:

"Board" means the New Jersey Board of Nursing.

"Committee" means the Massage, Bodywork and Somatic Therapy Examining Committee established pursuant to section 4 of this act.

"Licensee" means any person who holds a [certification] license to practice massage, bodywork and somatic therapies pursuant to the provisions of this act.

"Massage, bodywork and somatic therapist" means a person [certified] licensed to practice massage, bodywork and somatic therapies pursuant to the provisions of this act.

"Massage, bodywork and somatic therapies" or "massage, bodywork and somatic" means systems of activity of structured touch which include, but are not limited to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying therapeutic massage, bodywork or somatic principles. Such application may include, but is not limited to, the use of therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external application of herbal or topical preparations not classified as prescription drugs, explaining and describing myofascial movement, self-care and stress management as it relates to massage, bodywork and somatic therapies. Massage, bodywork and somatic therapy practices are designed to affect the energetic system of the body for the purpose of promoting and maintaining the health and well-being of the client. Massage, bodywork and somatic therapies do not include the diagnosis [or treatment] of illness, disease, impairment or disability.

(cf: P.L.1999, c.19, s.3)

5. Section 4 of P.L.1999, c.19 (C.45:11-56) is amended to read as follows:

4. a. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety, under the New Jersey Board of Nursing, a Massage, Bodywork and Somatic Therapy Examining Committee. The committee shall consist of six members who are residents of the State and are certified massage, bodywork and somatic therapists who have been actively engaged in the practice of massage, bodywork and somatic therapies in this State for at least five years immediately preceding their appointment, except that the committee shall not have at any one time more than two members who practice a particular method and manner of treatment of massage, bodywork and somatic therapies.

b. For a period of one year after the effective date of [this act] P.L.1999, c.19 (C.45:11-53 et seq.), providing for the certification of message, bodywork and somatic therapists, and notwithstanding any other provisions of this act to the contrary, the first six massage, bodywork and somatic therapists appointed as members of the committee shall not be required, at the time of their first appointment, to be certified to practice massage, bodywork and somatic therapies. Starting on, and after, the date of enactment of P.L. , c. (C. )(pending before the licensure as this bill), and pursuant to section 15 of this amendatory and supplementary act, every member of the committee who was a certified message, bodywork and somatic therapist at the time of their appointment shall be a licensed member of the committee.

c. The Governor shall appoint each committee member with the advice and consent of the Senate. The Governor shall appoint each member for a term of three years, except that of the members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and two shall serve for a term of one year. Each member shall hold office until his successor has been qualified. Any vacancy in the membership of the committee shall be filled for the unexpired term in the manner provided for the original appointment. No member of the committee may serve more than two successive terms in addition to any unexpired term to which he has been appointed.

(cf: P.L.1999, c.19, s.4)

6. Section 7 of P.L.1999, c.19 (C.45:11-59) is amended to read as follows:

7. The committee shall:

a. Review the qualifications of applicants for [certification] licensure;

b. Insure the proper conduct and standards of examinations;

c. Issue and renew [certificates of certification] licenses to massage, bodywork and somatic therapists pursuant to this act;

d. Suspend, revoke or fail to renew the [certificate of certification] license of a massage, bodywork and somatic therapist pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

e. Establish any standards for the continuing education of licensees as it deems necessary;

f. Prescribe or change the charges for examinations, [certifications] licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.); and

g. Maintain a record of every massage, bodywork and somatic therapist [certified] licensed in this State, and the date and number of his [certificate of certification] license, and publish a list of the names and addresses of all licensees annually.

(cf: P.L.1999, c.19, s.7)

7. Section 8 of P.L.1999, c.19 (C.45:11-60) is amended to read as follows:

8. To be eligible for [certification] licensure as a massage, bodywork and somatic therapist, an applicant shall be of good moral character and submit to the committee satisfactory evidence of:

a. Successful completion of a minimum of 500 hours in class study in the field of massage, bodywork and somatic therapies approved by the committee; or

b. Successful completion of the written examination offered by [The] the National Certification Board for Therapeutic Massage and Bodywork or a substantially equivalent examination approved by the committee to determine the applicant's competence to [call himself a] practice massage, bodywork and somatic [therapist] therapies. The successful completion of any such examination may have been accomplished before the effective date of this act.

(cf: P.L.1999, c.19, s.8)

8. Section 10 of P.L.1999, c.19 (C.45:11-62) is amended to read as follows:

10. A fee to be determined by the committee shall accompany each application for [certification] licensure. [Certificates of certification] Licenses shall expire biennially and may be renewed upon submission of a renewal application provided by the board and payment of a fee. If the renewal fee is not paid by that date, the [certificate of certification] license shall automatically expire, but may be renewed within two years of its expiration date on payment to the board of a sum determined by the committee for each year or part thereof during which the [certificate of certification] license was expired and an additional restoration fee. After a two-year period, a [certificate of certification] license may only be renewed by complying with the provisions of this act regarding initial [certification] licensure.

(cf: P.L.1999, c.19, s.10)

9. Section 11 of P.L.1999, c.19 (C.45:11-63) is amended to read as follows:

11. The committee shall issue a [certificate of certification] license to each applicant for [certification] licensure as a massage, bodywork and somatic therapist who qualifies pursuant to this act and any rules and regulations promulgated by the board and who is not disqualified for [certification] licensure pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.).

(cf: P.L.1999, c.19, s.11)

10. Section 12 of P.L.1999, c.19 (C.45:11-64) is amended to read as follows:

12. Upon payment to the board of a fee and the submission of a written application on forms provided by it, the committee shall issue without examination a [certificate of certification] license to a massage, bodywork and somatic therapist who holds a valid license or certification issued by another state or possession of the United States or the District of Columbia which has education and experience requirements substantially equivalent to the requirements of this act; provided, however, that the applicant has not previously failed any examination referred to in section 8 of this act that is approved by the committee, in which case the granting of [certification] licensure shall be at the discretion of the committee.

(cf: P.L.1999, c.19, s.12)

11. Section 14 of P.L.1999, c.19 (C45:11-66) is amended to read as follows;

14. Any person who holds a [certificate of certification] license as a massage, bodywork and somatic therapist pursuant to this act may use the title "massage, bodywork and somatic [therapist" or] therapist,” "certified massage, bodywork and somatic [therapist"] therapist,” or “licensed massage, bodywork and somatic therapist” or the abbreviations "MBT," "CMBT," "COBT," [or "CMT"] “CMT,” “LMBT,” “LOBT,” or “LMT”. Every holder of a [certificate of certification] license shall display it in a conspicuous place in his principal office, place of business or employment.

(cf: P.L.1999, c.19, s.14)

12. (New section) Nothing in this amendatory and supplementary act shall be construed to prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed or to prohibit any student enrolled in a program of massage, bodywork and somatic therapies recognized by the committee from performing massage, bodywork and somatic therapies which are necessary to his course of study.

13. (New section) Upon payment to the committee of a prescribed fee and the submission of a written application on forms prescribed by the committee, the committee shall issue a temporary permit to an applicant who has completed a program of massage, bodywork and somatic therapies recognized by the committee, which permit shall allow the applicant to engage in the practice of massage, bodywork and somatic therapies. The permit shall remain valid for a period of no more than 120 days or upon receipt of a newly issued license as a massage, bodywork and somatic therapist, whichever occurs first. Only one temporary permit shall be issued to an applicant.

14. (New section) No person shall engage in the practice of massage, bodywork and somatic therapies as a licensed massage, bodywork and somatic therapist or present, call or represent himself as a licensed massage, bodywork and somatic therapist unless licensed pursuant to this amendatory and supplementary act.

15. (New section) Any person who is a certified massage, bodywork and somatic therapist pursuant to sections 8 or 9 of P.L.1999, c.19 (C.45:11-60 or 45:11-61) on the effective date of this amendatory and supplementary act shall be a licensed massage, bodywork and somatic therapist under and subject to the provisions of P.L.1999, c.19 (C.45:11-53 et seq.) and this amendatory and supplementary act.

16. (New section) This act shall supersede any municipal ordinance or regulation that provides for the licensing, certification or registration of massage, bodywork and somatic therapists.

17. Section 13 of P.L.1999, c.19 (C.45:11-65) is repealed.

18. This act shall take effect on the 180th day following enactment.

STATEMENT

This bill amends and supplements the “Massage, Bodywork and Somatic Therapist Certification Act,” P.L.1999, c.19 (C.45:11-53 et seq.), to become the “Massage, Bodywork and Somatic Therapist Licensing Act.” The bill provides for the use of the title “licensed massage, bodywork and somatic therapist” instead of the title “certified massage bodywork and somatic therapist,” as currently established by law, for individuals so authorized by the Massage Bodywork and Somatic Therapy Examining Committee under the New Jersey Board of Nursing in the Department of Law and Public Safety.

In addition, the bill stipulates that no person shall engage in the practice of massage, bodywork and somatic therapies as a licensed massage, bodywork and somatic therapist or present, call or represent himself as a licensed massage, bodywork and somatic therapist unless licensed pursuant to the provisions of this bill.

The bill specifies that nothing shall be construed to prohibit any person licensed to practice in this State under any other law from engaging in the practice for which he is licensed or to prohibit any student enrolled in a program of massage, bodywork and somatic therapies recognized by the committee from performing massage, bodywork and somatic therapies which are necessary to his course of study. In addition, the bill permits the Massage, Bodywork and Somatic Therapy Examining Committee to issue a temporary permit to an applicant who has completed a program of massage, bodywork and somatic therapies recognized by the committee, which permit shall allow the applicant to engage in the practice of massage, bodywork and somatic therapies. The permit shall remain valid for a period of no more than 120 days.

The bill also removes the statutory provision that currently prohibits massage, bodywork and somatic therapists from treating illness, disease, impairment or disability.

Furthermore, the bill states that the "Massage, Bodywork, and Somatic Therapist Licensing Act" shall supersede any municipal ordinance or regulation that provides for the licensing, certification or registration of massage, bodywork and somatic therapists.