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Oklahoma Legislature· HB 1606Referred to Rules

An act relating to professions and occupations, the official text

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1                            STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1606            By: Gise

4

5

6                            AS INTRODUCED

7   An Act relating to professions and occupations;

    establishing the Oklahoma Massage Therapy Board;

8   amending 59 O.S. 2021, Section 4200.2, which relates

    to definitions; amending 59 O.S. 2021, Section

9   4200.3, which relates to requirements to practice

    massage therapy; amending 59 O.S. 2021, Section

10  4200.4, which relates to board authority; amending 59

    O.S. 2021, Section 4200.5, which relates to license

11  requirements; amending 59 O.S. 2021, Section 4200.6,

    which relates to assigning and transferring licenses;

12  amending 59 O.S. 2021, Section 4200.8, which relates

    to license examination; amending 59 O.S. 2021,

13  Section 4200.9, which relates to out of state license

    holders; amending 59 O.S. 2021, Section 4200.11,

14  which relates to disciplinary actions and

    proceedings; amending 59 O.S. 2021, Section 4200.12,

15  which relates to immunity from liability; amending 59

    O.S. 2021, Section 4200.13, which relates to

16  violations; modifying terms; providing for

    codification; and providing an effective date.

17

18

19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

20  SECTION 1.      NEW LAW  A new section of law to be codified

21 in the Oklahoma Statutes as Section 4200.1a of Title 59, unless

22 there is created a duplication in numbering, reads as follows:

23  The Oklahoma Massage Therapy Board is hereby established to

24 carry out the duties and responsibilities of this act.

    Req. No. 11208                                                  Page 1
1   SECTION 2.       AMENDATORY    59 O.S. 2021, Section 4200.2, is

2 amended to read as follows:

3   Section 4200.2. As used in the Massage Therapy Practice Act:

4   1. "Board" means the State Board of Cosmetology and Barbering

5 Oklahoma Massage Therapy Board;

6   2. "Direct access" means the ability that the public has to

7 seek out treatment by a massage therapist without the direct

8 referral from a medical or health care professional;

9   3. "Massage therapist" means an individual who practices

10 massage or massage therapy and is licensed under the Massage Therapy

11 Practice Act. A massage therapist uses visual, kinesthetic, and

12 palpatory skills to assess the body and may evaluate a condition to

13 the extent of determining whether massage is indicated or

14 contraindicated;

15  4. "Massage therapy" means the skillful treatment of the soft

16 tissues of the human body. Massage is designed to promote general

17 relaxation, improve movement, relieve somatic and muscular pain or

18 dysfunction, stress and muscle tension, provide for general health

19 enhancement, personal growth, education and the organization,

20 balance and integration of the human body and includes, but is not

21 limited to:

22  a. the use of touch, pressure, friction, stroking,

23              gliding, percussion, kneading, movement, positioning,

24              holding, range of motion and nonspecific stretching

    Req. No. 11208                                                Page 2
1               within the normal anatomical range of movement, and

2               vibration by manual or mechanical means with or

3               without the use of massage devices that mimic or

4               enhance manual measures, and

5   b. the external application of ice, heat and cold packs

6               for thermal therapy, water, lubricants, abrasives and

7               external application of herbal or topical preparations

8               not classified as prescription drugs; and

9   5. "Massage therapy school" means a facility providing

10 instruction in massage therapy.

11  SECTION 3.      AMENDATORY      59 O.S. 2021, Section 4200.3, is

12 amended to read as follows:

13  Section 4200.3. A. Unless a person is a licensed massage

14 therapist, a person shall not:

15  1. Use the title of massage therapist;

16  2. Represent himself or herself to be a massage therapist;

17  3. Use any other title, words, abbreviations, letters, figures,

18 signs or devices that indicate the person is a massage therapist; or

19  4. Utilize the terms "massage", "massage therapy" or "massage

20 therapist" when advertising or printing promotional material.

21  B. A person shall not maintain, manage or operate a massage

22 therapy school offering education, instruction or training in

23 massage therapy unless the school is a licensed massage therapy

24 school pursuant to Section 7 of this act.

    Req. No. 11208                                                  Page 3
1   C. Individuals practicing massage therapy under the Massage

2 Therapy Practice Act shall not perform any of the following:

3   1. Diagnosis of illness or disease;

4   2. High-velocity, low-amplitude thrust;

5   3. Electrical stimulation;

6   4. Application of ultrasound;

7   5. Use of any technique that interrupts or breaks the skin; or

8   6. Prescribing of medicines.

9   D. Nothing in the Massage Therapy Practice Act shall be

10 construed to prevent:

11  1. Qualified members of other recognized professions who are

12 licensed or regulated under Oklahoma law from rendering services

13 within the scope of the license of the person, provided the person

14 does not represent himself or herself as a massage therapist. A

15 physician or other licensed health care provider providing health

16 care services within the scope of practice of the physician or

17 provider shall not be required to be licensed by or registered with

18 the State Board of Cosmetology and Barbering Oklahoma Massage

19 Therapy Board;

20  2. Students from rendering massage therapy services within the

21 course of study when enrolled at a licensed massage therapy school;

22  3. Visiting massage therapy instructors from another state or

23 territory of the United States, the District of Columbia or any

24 foreign nation from teaching massage therapy, provided the

    Req. No. 11208                                                  Page 4
1 instructor is duly licensed or registered, if required, and is

2 qualified in the instructor's place of residence for the practice of

3 massage therapy;

4   4. Any nonresident person holding a current license,

5 registration or certification in massage therapy from another state

6 or recognized national certification system determined as acceptable

7 by the Board when temporarily present in this state from providing

8 massage therapy services as a part of an emergency response team

9 working in conjunction with disaster relief officials or at special

10 events such as conventions, sporting events, educational field

11 trips, conferences, traveling shows or exhibitions;

12  5. Physicians or other health care professionals from

13 appropriately referring to duly licensed massage therapists or limit

14 in any way the right of direct access of the public to licensed

15 massage therapists; or

16  6. The practice of any person in this state who uses touch,

17 words and directed movement to deepen awareness of existing patterns

18 of movement in the body as well as to suggest new possibilities of

19 movement while engaged within the scope of practice of a profession

20 with established standards and ethics, provided that the services

21 are not designated or implied to be massage or massage therapy.

22 Practices shall include but are not limited to the Feldenkrais

23 Method of somatic education, Rolf Movement Integration by the Rolf

24 Institute, the Trager Approach of movement education, and Body-Mind

    Req. No. 11208                                                  Page 5
1 Centering. Practitioners shall be recognized by or meet the

2 established standards of either a professional organization or

3 credentialing agency that represents or certifies the respective

4 practice based on a minimal level of training, demonstration of

5 competency, and adherence to ethical standards.

6   E. A physician or other licensed health care provider providing

7 health care services within their scope of practice shall not be

8 required to be licensed or registered with the State Board of

9 Cosmetology Oklahoma Massage Therapy Board.

10  SECTION 4.         AMENDATORY  59 O.S. 2021, Section 4200.4, is

11 amended to read as follows:

12  59-4200.4 A. The State Board of Cosmetology and Barbering

13 Oklahoma Massage Therapy Board is hereby authorized to adopt and

14 promulgate rules pursuant to the Administrative Procedures Act that

15 are necessary for the implementation and enforcement of the Massage

16 Therapy Practice Act, including, but not limited to, qualifications

17 for licensure, renewals, reinstatements, and continuing education

18 requirements.

19  B. The State Board of Cosmetology and Barbering Oklahoma

20 Massage Therapy Board is hereby empowered to perform investigations,

21 to require the production of records and other documents relating to

22 practices regulated by the Massage Therapy Practice Act, and to seek

23 injunctive relief.

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    Req. No. 11208                                                 Page 6
1   C. There is hereby created an Advisory Board on Massage

2 Therapy. The Advisory Board on Massage Therapy shall assist the

3 Board in carrying out the provisions of this section regarding the

4 qualifications, examination, registration, regulation, and standards

5 of professional conduct of massage therapists. The Advisory Board

6 on Massage Therapy shall consist of five (5) members to be appointed

7 by the Governor for four-year terms as follows:

8   1. Three members who shall be licensed massage therapists and

9 have practiced in Oklahoma for not less than three (3) years prior

10 to their appointment;

11  2. One member who shall be an administrator or faculty member

12 of a nationally accredited school of massage therapy; and

13  3. One who shall be a citizen member.

14  D. The fee for any license issued between the effective date of

15 this act and May 1, 2017, shall be Twenty-five Dollars ($25.00).

16 The fee or renewal fee for any massage therapy license issued after

17 May 1, 2017, shall be Fifty Dollars ($50.00) per year. A duplicate

18 license fee shall be Ten Dollars ($10.00).

19  SECTION 5.      AMENDATORY  59 O.S. 2021, Section 4200.5, is

20 amended to read as follows:

21  Section 4200.5 A. Between the effective date of this act and

22 May 1, 2017, the State Board of Cosmetology and Barbering Oklahoma

23 Massage Therapy Board shall issue a license to practice massage

24 therapy to any person who files a completed application, accompanied

    Req. No. 11208                                                  Page 7
1 by the required fees, and who submits satisfactory evidence that the

2 applicant:

3       1. Is at least eighteen (18) years of age;

4       2. Has one or more of the following:

5       a. documentation that the applicant has completed and

6             passed a nationally recognized competency examination

7             in the practice of massage therapy,

8       b. an affidavit of at least five (5) years of work

9             experience in the state, or

10      c. a certificate and transcript of completion from a

11            massage school with at least five hundred (500) hours

12            of education;

13      3. Provides proof of documentation that the applicant currently

14 maintains liability insurance for practice as a massage therapist;

15 and

16      4. Provides full disclosure to the Board of any criminal

17 proceeding taken against the applicant including but not limited to

18 pleading guilty or nolo contendere to, or receiving a conviction

19 for, a felony crime that substantially relates to the practice of

20 massage therapy and poses a reasonable threat to public safety.

21      B. To assist in determining the entry-level competence of an

22 applicant who makes application for a license after May 1, 2017, the

23 Board may adopt rules establishing additional standards or criteria

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    Req. No. 11208                                                  Page 8
1 for examination acceptance and may adopt only those examinations

2 that meet the standards outlined in Section 4200.8 of this title.

3   C. 1. After May 1, 2017, except as otherwise provided in the

4 Massage Therapy Practice Act, every person desiring to practice

5 massage therapy in this state shall be required to first obtain a

6 license from the Board.

7   2. After May 1, 2017, the Board may issue a license to an

8 applicant who:

9   a. is at least eighteen (18) years of age,

10  b. provides documentation that the applicant has

11  completed the equivalent of five hundred (500) hours

12  of formal education in massage therapy from a state-

13  licensed school,

14  c. provides documentation that the applicant has passed a

15  nationally recognized competency examination approved

16  by the Board,

17  d. provides proof that the applicant currently maintains

18  liability insurance for practice as a massage

19  therapist, and

20  e. provides full disclosure to the Board of any criminal

21  proceeding taken against the applicant including

22  pleading guilty or nolo contendere to, or receiving a

23  conviction for, a felony crime that substantially

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    Req. No. 11208                                                 Page 9
1               relates to the practice of massage therapy and poses a

2               reasonable threat to public safety.

3   D. As used in this section:

4   1. "Substantially relates" means the nature of criminal conduct

5 for which the person was convicted has a direct bearing on the

6 fitness or ability to perform one or more of the duties or

7 responsibilities necessarily related to the occupation; and

8   2. "Poses a reasonable threat" means the nature of criminal

9 conduct for which the person was convicted involved an act or threat

10 of harm against another and has a bearing on the fitness or ability

11 to serve the public or work with others in the occupation.

12  SECTION 6.      AMENDATORY   59 O.S. 2021, Section 4200.6, is

13 amended to read as follows:

14  Section 4200.6. A. A massage therapy license issued by the

15 State Board of Cosmetology and Barbering Oklahoma Massage Therapy

16 Board shall at all times be posted in a conspicuous place in the

17 principal place of business of the holder.

18  B. A license issued pursuant to the Massage Therapy Practice

19 Act is not assignable or transferable.

20  SECTION 7.      AMENDATORY   59 O.S. 2021, Section 4200.8, is

21 amended to read as follows:

22  Section 4200.8. The required examination approved by the State

23 Board of Cosmetology and Barbering for licensure under the Massage

24

    Req. No. 11208                                                Page 10
1 Therapy Practice Act shall be a standardized national massage

2 therapy examination that meets the following criteria:

3   1. Is statistically validated through a job analysis under

4 current standards for educational and professional testing;

5   2. Complies with pertinent state and federal equal employment

6 opportunity guidelines;

7   3. Is available to all potential licensing candidates; and

8   4. Is delivered through a professional testing company with

9 high-security test centers located nationwide.

10  SECTION 8.      AMENDATORY  59 O.S. 2021, Section 4200.9, is

11 amended to read as follows:

12  Section 4200.9. A. The State Board of Cosmetology and

13 Barbering Oklahoma Massage Therapy Board may license an applicant,

14 provided that the applicant possesses a valid license or

15 registration to practice massage therapy issued by the appropriate

16 examining board under the laws of any other state or territory of

17 the United States, the District of Columbia or any foreign nation

18 and has met educational and examination requirements equal to or

19 exceeding those established pursuant to the Massage Therapy Practice

20 Act.

21  B. 1. Massage therapy licenses shall expire biennially.

22 Expiration dates shall be established by the Board through adoption

23 of a rule.

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    Req. No. 11208                                               Page 11
1   2. A license shall be renewed by submitting a renewal

2 application on a form provided by the Board.

3   3. A thirty-day grace period shall be allowed each license

4 holder after the end of the renewal period, during which time a

5 license may be renewed upon payment of the renewal fee and a late

6 fee as prescribed by the Board.

7   C. 1. If a massage therapy license is not renewed by the end

8 of the thirty-day grace period, the license shall be placed on

9 inactive status for a period not to exceed one (1) year. At the end

10 of one (1) year, if the license has not been reactivated, it shall

11 automatically expire.

12  2. If within a period of one (1) year from the date the license

13 was placed on inactive status the massage therapist wishes to resume

14 practice, the massage therapist shall notify the Board in writing

15 and, upon receipt of proof of completion of all continuing education

16 requirements and payment of an amount set by the Board in lieu of

17 all lapsed renewal fees, the license shall be restored in full.

18  D. The Board shall establish a schedule of reasonable and

19 necessary administrative fees.

20  E. The Board shall fix the amount of fees so that the total

21 fees collected shall be sufficient to meet the expenses of

22 administering the provisions of the Massage Therapy Practice Act

23 without unnecessary surpluses.

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    Req. No. 11208                                                Page 12
1   SECTION 9.      AMENDATORY  59 O.S. 2021, Section 4200.11, is

2 amended to read as follows:

3   Section 4200.11. A. The State Board of Cosmetology and

4 Barbering Oklahoma Massage Therapy Board may take disciplinary

5 action against a person licensed pursuant to the Massage Therapy

6 Practice Act as follows:

7   1. Deny or refuse to renew a license;

8   2. Suspend or revoke a license;

9   3. Issue an administrative reprimand; or

10  4. Impose probationary conditions when the licensee or

11 applicant has engaged in unprofessional conduct that has endangered

12 or is likely to endanger the health, welfare or safety of the

13 public.

14  B. The Board shall take disciplinary action upon a finding that

15 the licensee or person has committed an act of unprofessional

16 conduct or committed a violation of rule or law.

17  C. Disciplinary proceedings may be instituted by sworn

18 complaint of any person, including members of the Board, and shall

19 conform to the provisions of the Administrative Procedures Act.

20  D. The Board shall establish the guidelines for the disposition

21 of disciplinary cases. Guidelines may include, but shall not be

22 limited to, periods of probation, conditions of probation,

23 suspension, revocation or reissuance of a license.

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    Req. No. 11208                                                Page 13
1   E. A license holder who has been found culpable and sanctioned

2 by the Board shall be responsible for the payment of all costs of

3 the disciplinary proceedings and any administrative fees imposed.

4   F. The surrender of a license shall not deprive the Board of

5 jurisdiction to proceed with disciplinary action.

6   SECTION 10.     AMENDATORY  59 O.S. 2021, Section 4200.12, is

7 amended to read as follows:

8   Section 4200.12. A. No member of the State Board of

9 Cosmetology and Barbering Oklahoma Massage Therapy Board shall bear

10 liability or be subject to civil damages or criminal prosecution for

11 any action undertaken or performed within the scope of duty imposed

12 pursuant to the Massage Therapy Practice Act.

13  B. No person or legal entity providing truthful and accurate

14 information to the Board, whether as a report, a complaint or

15 testimony, shall be subject to civil damages or criminal

16 prosecutions.

17  SECTION 11.     AMENDATORY  59 O.S. 2021, Section 4200.13, is

18 amended to read as follows:

19  Section 4200.13. A. A person who does any of the following

20 shall be guilty of a misdemeanor upon conviction:

21  1. Violates a provision of the Massage Therapy Practice Act or

22 rules adopted pursuant to the Massage Therapy Practice Act;

23  2. Renders or attempts to render massage therapy services or

24 massage therapy instruction without the required current valid

    Req. No. 11208                                                 Page 14
1 license issued by the State Board of Cosmetology and Barbering

2 Oklahoma Massage Therapy Board;

3   3. Advertises or uses a designation, diploma or certificate

4 implying that the person offers massage therapy instruction or is a

5 massage therapy school unless the person holds a current valid

6 license issued by the Oklahoma Board of Private Vocational Schools

7 or is a technology center school accredited by the Oklahoma State

8 Board of Career and Technology Education; or

9   4. Advertises or uses a designation, diploma, or certificate

10 implying that the person is a massage therapist unless the person

11 holds a current valid license issued by the State Board of

12 Cosmetology and Barbering Oklahoma Massage Therapy Board.

13  B. 1. Therapists regulated by the Massage Therapy Practice Act

14 shall be designated as "massage therapists" and entitled to utilize

15 the term "massage" when advertising or printing promotional

16 material.

17  2. Any person who uses a professional title regulated by the

18 Massage Therapy Practice Act who is not authorized to use the

19 professional title shall be subject to disciplinary action by the

20 Board.

21  3. Any person who knowingly aids and abets one or more persons

22 not authorized to use a professional title regulated by the Massage

23 Therapy Practice Act or knowingly employs or contracts with a person

24 or persons not authorized to use a regulated professional title in

    Req. No. 11208                                                Page 15
1 the course of the employment, shall also be subject to disciplinary

2 action by the Board. It shall be a violation of the Massage Therapy

3 Practice Act for any person to advertise massage therapy services in

4 any combination with any escort or dating service.

5   SECTION 12. This act shall become effective November 1, 2025.

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7   60-1-11208      TKR  01/15/25

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    Req. No. 11208                                    Page 16
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