S.P. 494 - L.D. 1525
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §14301, sub-§3, as amended by PL 1993, c. 245, §1, is further amended to read:
3. Massage therapist or massage practitioner. "Massage therapist" or "massage practitioner" means a person who provides or offers to provide massage therapy for a fee, monetary or otherwise. This definition includes the use of different forms of the term "massage therapist" or "massage practitioner," such as "masseuse" or "masseur."
Sec. 2. 32 MRSA §14302, sub-§§5 and 6, as enacted by PL 1991, c. 403, §1, are amended to read:
5. Register. The commissioner shall make available, at cost, a register that contains the names of all individuals registered licensed under this chapter.
6. Hearings. The commissioner may conduct hearings to assist with investigations and to determine whether grounds exist for denial of reregistration license renewal, suspension of registration license or other action necessary to the fulfillment of the commissioner's responsibilities under this chapter.
Sec. 3. 32 MRSA §14302, sub-§7, as amended by PL 1993, c. 245, §2, is further amended to read:
7. Advisory council. The commissioner, as necessary, may select members of the profession and other interested parties to serve on an advisory council to advise and consult with the commissioner concerning the regulation of massage therapists and massage practitioners. Service on the council is not in itself a conflict of interest regardless of the occupations or associations of the members.
Sec. 4. 32 MRSA §14304, as amended by PL 1993, c. 245, §3, is repealed.
Sec. 5. 32 MRSA §14305, as amended by PL 1993, c. 245, §§4 and 5, is repealed.
Sec. 6. 32 MRSA §§14306-A and 14306-B, as enacted by PL 1993, c. 245, §7, are repealed.
Sec. 7. 32 MRSA §§14306-C to 14306-F are enacted to read:
1. License required. Beginning on the effective date of this section, a person may not, unless specifically exempted by this chapter, claim to be a massage therapist or a massage practitioner unless licensed in accordance with this chapter.
2. Individual licensing. Only an individual who is qualified under this chapter may be issued a license to practice massage therapy.
§14306-D. Requirements for licensure; massage therapists
Each applicant for licensure must demonstrate competence to engage in the practice of massage therapy in a manner that safeguards the interests of the public.
1. Requirements. The following requirements are considered minimum evidence satisfactory to the department that an applicant is qualified for licensure under this chapter. An applicant must:
A. Pass the National Certification Examination for Therapeutic Massage and Bodywork administered by the Psychological Corporation or its successor organization; or demonstrate completion of a course of training consisting of 500 or more hours approved by the department;
B. Be 18 years of age or older;
C. Possess a high school diploma or its equivalent;
D. Furnish to the department a signed photograph of the applicant. The photograph must be a minimum of 5 inches by 3 inches; and
E. Pay a one time application fee of $25 and a yearly licensing fee of $100. All fees are nonrefundable.
2. Existing certified massage therapists. Upon renewal of duly issued certification as a massage therapist, a person who remits appropriate fees within one year after the effective date of this section may be issued a license by the department.
§14306-E. Requirements for licensure; registered massage practitioners
1. Use of "registered massage practitioner" title until December 31, 2001. A massage practitioner who is registered by the State as of the effective date of this section may use the title "registered massage practitioner" to practice massage therapy pursuant to the renewal process until December 31, 2001. After December 31, 2001, only licensed massage therapists may use the title "massage
therapist" or the term "massage therapy" to identify the nature of their professional service.
2. Transition provisions. Prior to December 31, 2001, a massage practitioner registered as of the effective date of this section qualifies for licensure as a massage therapist if that person:
A. Demonstrates that the person has actively practiced massage therapy for a period of 5 years and has completed a minimum of 250 hours of formal education relevant to the profession of massage therapy; or
B. Demonstrates that the person has actively practiced massage therapy for a period of 10 years.
3. Registration fee. Until December 31, 2001, massage practitioners who maintain their status as registered massage practitioners must pay a yearly registration fee of $100.
4. Effect of revocation or suspension. An individual may not be licensed under this chapter when the individual's license to practice massage therapy or any other professional health care license has been revoked or suspended in this State or any other state unless the period of revocation or suspension has been completed and the department has determined that an acceptable degree of rehabilitation has been accomplished.
5. Disciplinary actions; registered massage practitioners. Registered massage practitioners are subject to the same disciplinary provisions of section 14308 as are licensed massage therapists.
1. Renewal. Each individual who applies for licensure must fill out a form designated by the department. A license expires yearly on the date of the individual's initial licensure or on such other date as the commissioner determines. Notice of expiration must be mailed to a licensed massage therapist's last known address at least 30 days before the expiration of the license. The notice must include requests for any information necessary for renewal. A late fee of $10 is assessed on any license renewal that is postmarked later than the anniversary date of the individual's initial licensure. If, after 90 days from the anniversary date, an individual has not renewed the license, the individual must reapply for licensure.
2. Continuing education and supervision. The department, by rule, may establish continuing education and supervision requirements. An applicant for a renewal of a license must show proof of satisfying the continuing education requirements set forth by the department. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 8. 32 MRSA §14308, as amended by PL 1993, c. 600, Pt. A, §278, is further amended to read:
§14308. Disciplinary action; grounds; procedure; complaints
1. Grounds. The commissioner may suspend, revoke or refuse to renew registration or certification a license under the same grounds as contained in Title 5, section 10004. In addition, the commissioner may take the same action granted to bureaus, boards and commissions pursuant to Title 10, section 8003, subsection 5. The commissioner's actions may be based on any of the following grounds:
A. The practice of fraud or deceit in obtaining registration or certification status a license under this chapter or in connection with service rendered within the scope of the registration or certificate issued;
B. Habitual substance abuse that has resulted or is forseeably likely to result in the regulated person performing services in a manner that endangers the health or safety of clients;
C. A current medical finding of mental incompetence that affects the registrant's or certified the licensed person's ability to perform that person's occupation in a healthy and safe manner;
D. Aiding or abetting persons not duly registered or certified licensed under this chapter who profess to be registered or certified licensed;
E. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or that directly relates to the practice of massage therapy or conviction of a crime for which incarceration for one year or more may be imposed;
F. Revocation in any state of a professional or occupational license, certification or registration for disciplinary reasons, or rejection of any application for reasons related to untrustworthiness, within 3 years of the date of application; and
G. Violating any provisions of this chapter or any rule of the department.
2. Procedure. Except as provided in Title 5, section 10004, a registration or certification license may not be denied, suspended, revoked or refused for renewal for the reasons set forth in subsection 1 without prior written notice and opportunity for hearing on that denial, suspension or revocation. A registration or certification license may not be denied,
suspended or revoked under this section except by a decision of the commissioner or the commissioner's designee.
3. Complaints. Any person may file a complaint with the commissioner seeking disciplinary action against a massage therapist or massage practitioner concerning violations of this chapter or rules adopted by the department. Complaints must be in writing. If the commissioner determines that a complaint alleges facts that, if true, would require denial, revocation, suspension or nonrenewal of the license or other disciplinary action of a registered practitioner or certified licensed massage therapist, the commissioner or the commissioner's designee may conduct a hearing pursuant to the Maine Administrative Procedure Act. Whenever the commissioner establishes that a complaint does not state facts that warrant action, the complaint may be dismissed.
The commissioner shall conduct proceedings under this subsection in accordance with the provisions of Title 5, chapter 375, subchapter IV.
Effective June 30, 1998, unless otherwise indicated.
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