SENATE, No. 1866

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 10, 1997

 

 

By Senator SINAGRA

 

 

An Act providing for the licensing of massage, bodywork and somatic therapists, supplementing Title 45 of the Revised Statutes and amending P.L.1974, c.46 and P.L.1978, c.73.

 

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

 

    1. (New section) This act shall be known and may be cited as the "Massage, Bodywork and Somatic Therapist Licensing Act."

 

    2. (New section) The Legislature finds and declares that: the public interest requires the regulation of the practice of massage, bodywork and somatic therapies and the establishment of clear licensure standards for massage, bodywork and somatic therapists; the health and welfare of the citizens of this State will be protected by identifying to the public those individuals who are best qualified to practice massage, bodywork and somatic therapies; and the regulation of massage, bodywork and somatic therapists will benefit the public by encouraging it to take additional advantage of massage, bodywork and somatic therapies as a viable complement to traditional medicine.

 

    3. (New section) As used in this act:

    "Board" means the State Board of Massage, Bodywork and Somatic Therapies established pursuant to section 5 of this act.

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

    "Massage, bodywork and somatic therapist" means a person 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, analysis of posture, movement and neural myofacial education, and education in self-care and stress management. Massage, bodywork and somatic therapy practices are designed to effect 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 of illness or disease.

 

    4. (New section) Nothing in this 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 board from performing massage, bodywork and somatic therapies which is necessary to his course of study.

 

    5. (New section) a. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the State Board of Massage, Bodywork and Somatic Therapies. The board shall consist of nine members who are residents of the State, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). The remaining six members shall be licensed 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 board 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 and notwithstanding any other provisions of this act to the contrary, the first six massage, bodywork and somatic therapists appointed as members of the board shall not be required, at the time of their first appointment, to be licensed to practice massage, bodywork and somatic therapies.

    c. The Governor shall appoint the public members and the massage, bodywork and somatic therapist members to the board with the advice and consent of the Senate. The Governor shall appoint each member for a term of three years, except that of the massage, bodywork and somatic therapist 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 board shall be filled for the unexpired term in the manner provided for the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed.

 

    6. (New section) The members of the board shall serve without compensation. Members shall be reimbursed by the State Treasurer for their actual expenses arising out of their service on the board. All reimbursements shall be paid from the revenues of the board.

 

    7. (New section) The board shall annually elect from among its members a chairman and a vice-chairman and may appoint a secretary, who need not be a member of the board. The board shall meet at least twice per year and may hold additional meetings as necessary to discharge its duties.

 

    8. (New section) The board shall:

    a. Review the qualifications of applicants for licensure;

    b. Insure the proper conduct and standards of examinations;

    c. Issue and renew licenses to massage, bodywork and somatic therapists pursuant to this act;

    d. Suspend, revoke or fail to renew the 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, licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.);

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

    h. Promulgate rules and regulations necessary for the performance of its duties and the implementation of this act.

 

    9. (New section) To be eligible for licensure as a massage, bodywork and somatic therapist, an applicant shall submit to the board satisfactory evidence of:

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

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

    c. Successful completion of an apprenticeship program as approved by the board.

 

    10. (New section) For 720 days after the date procedures are established by the board for applying for licensure under section 9 of this act, any person who engaged in the full-time practice, as determined by the board, of massage, bodywork and somatic therapies for two years preceding the enactment date of this act, or any person who engaged in the part-time practice, as determined by the board, of massage, bodywork and somatic therapies for five years preceding the enactment date of this act, or any person who has completed successfully 1,000 hours in the practice of massage, bodywork and somatic therapies with a minimum completion of 200 hours of education or training in massage, bodywork and somatic therapies as determined by the board, or any member of a national massage, bodywork and somatic association approved by the board, may acquire a license to practice massage, bodywork and somatic therapies without satisfying the requirements of section 9 of this act.

 

    11. (New section) A fee to be determined by the board shall accompany each application for licensure. 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 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 it for each year or part thereof during which the license was expired and an additional restoration fee. After a two-year period, a license may only be renewed by complying with the provisions of this act regarding initial licensure.

 

    12. (New section) The board shall issue a license to each applicant for 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 licensure pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.).

 

    13. (New section) Upon payment to the board of a fee and the submission of a written application on forms provided by it, the board shall issue without examination a 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, the applicant has not previously failed any examination referred to in section 9 of this act that is approved by the board, in which case licensing shall be at the discretion of the board.

 

    14. (New section) Nothing in this act shall be construed to prohibit any person from rendering massage, bodywork and somatic therapy services, provided that person shall not be identified by the titles "massage, bodywork and somatic therapist," "registered massage, bodywork and somatic therapist," "licensed massage, bodywork and somatic therapist," or the abbreviations "MBT," "RMBT," "LMBT," "LOBT," "LMT" unless licensed to practice massage, bodywork and somatic therapies under the provisions of this act.

 

    15. (New section) Any person who holds a license as a massage, bodywork and somatic therapist pursuant to this act may use the title "massage, bodywork and somatic therapist" or "licensed massage, bodywork and somatic therapist," or the abbreviations "MBT," "LMBT," "LOBT"or "LMT." Every holder of a license shall display it in a conspicuous place in his principal office, place of business or employment.

 

    16. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

    1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners , and the State Board of Massage, Bodywork and Somatic Therapies.

(cf: P.L.1995, c.366, s.22)

 

    17. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

    2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by or through such boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners , and the State Board of Massage, Bodywork and Somatic Therapies.

(cf: P.L.1995, c.366, s.23)

 

    18. (New section) This act shall take effect on the 180th day after enactment.

 

 

STATEMENT

 

    This bill creates the State Board of Massage, Bodywork and Somatic Therapies in the Division of Consumer Affairs in the Department of Law and Public Safety. The board shall consist of nine residents of this State who shall be appointed by the Governor. Two of the board members shall be public members and one shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). Six members of the board shall be massage, bodywork and somatic therapists who have been actively engaged in the practice of massage, bodywork and somatic therapies in the State for at least five years preceding their appointment, except that the board 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.

    The bill provides for the regulation and licensing of massage, bodywork and somatic therapists, and establishes requirements and standards for licensure. The bill defines massage, bodywork and somatic therapy as 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, analysis of posture, movement and neural myofacial education, and education in self-care and stress management. Massage, bodywork and somatic therapy practices are designed to effect the energetic system of the body for the purpose of promoting and maintaining the health and well-being of the client.

    The bill also provides that to be eligible for licensure as a massage, bodywork and somatic therapist, an applicant shall submit to the board satisfactory evidence of: successful completion of a minimum of 500 hours in class study in the field of massage, bodywork and somatic therapy; or successful completion of the written examination offered by The National Certification Board for Therapeutic Massage and Bodywork; or a substantially equivalent examination approved by the board, to determine the applicant's competence to practice massage, bodywork and somatic therapies; or successful completion of an apprenticeship program as approved by the board. The successful completion of any such examination may have been accomplished before the effective date of this act.

    As provided in the bill, nothing in this act shall be construed to prohibit any person from rendering massage, bodywork and somatic therapy services, provided that person shall not be identified by the titles "massage, bodywork and somatic therapist," "registered massage, bodywork and somatic therapist," "licensed massage, bodywork and somatic therapist," or the abbreviations "MBT," "RMBT," "LMBT," "LOBT" "LMT" unless licensed to practice massage, bodywork and somatic therapy under the provisions of the bill.

    In addition, the bill allows the board to establish fees for those licensed under the bill and incorporates the terms of the law on fees of professional boards, P.L.1974, c.46 (C.45:1-3.1 et seq.), and the uniform enforcement and procedure act, P.L.1978, c.73 (C.45:1-14 et seq.), for enforcement of standards and punishment of violations.

 

 

 

"Massage, Bodywork and Somatic Therapist Licensing Act."