 AMTA - Texas Chapter's Official Statement to DSHS Council -- August 2008
The American Massage Therapy Association – Texas Chapter opposes several of the proposed rules offered by the program staff for the DHSH Massage Therapy Program. Some will unfairly restrict the functioning of massage therapy schools and one would conflict with a fundamental ethical approach for massage therapists. Instead, we recommend that the Department and the DSHS Council accept the proposed rules submitted by representatives of the massage therapy profession more than a year ago. We oppose the proposed rules offered by the Department of State Health Services Massage Therapy Program related to:
- Curriculum & Internship – We acknowledge that the department has the statutory authority to set rules related to massage school operations. However, rules should be made out of necessity and for the protection of the public. The limitations being proposed on schools are not warranted, because the department has failed to prove that they are necessary to protect the health of the public. Programs which exceed the minimum requirements for licensure should be available to all prospective students on a voluntary basis, as long as the programs include the minimum course of instruction required for licensure. Additional approval for these programs has not been required in the past and should not be required now. The current law regulating massage therapy has provided for a less restrictive environment, not a more restrictive one. We believe there is no valid reason to restrict massage schools from offering massage programs that exceed the minimum requirements of our state law.
- There is no harm or potential harm to the health of the public to allow schools to continue to defray the costs of massage therapy education by applying revenue generated in the student clinic to cover operating expenses. Tuition reduction via a student clinic, whether implicit or explicit, is part of most massage school operation in the United States. It keeps tuition costs down and helps students better afford their massage education.
- The recommendation that draping be optional is out of character with regulation of the massage therapy profession and in direct conflict with codes of ethics accepted by massage therapists. Draping should not be optional.
We believe professional massage therapists always use some form of draping, whether it be towels, sheets, or other methods which cover, at a minimum, areas which should not be touched during massage. This is described in current Texas legislation under sexual contact. To allow the option of draping would, in effect, contradict implied practice behavior under state law.
For these reasons, the Texas Chapter of the American Massage Therapy Association opposes the proposed rules changes for the Department of State Health Services Massage Therapy Program. Texas House Bill 2644 Becomes Effective September 1, 2007The Texas Massage Therapy Act defines massage therapy, massage therapist, massage school, massage therapy instructor, and massage establishment; sets out licensing requirements for massage therapists; authorizes the Texas Department of State Health Services (DSHS) to adopt rules relating to massage therapists, massage therapy instructors, massage schools, and massage establishments; establishes DSHS as the regulatory authority for massage therapy in the state; and prohibits persons from acting as or representing the person as a massage therapist, massage school, massage therapy instructor, or massage establishment without a license unless otherwise exempt from the licensure requirement. Review the history, text, and action of HB2644, relating to the licensing and regulation of massage therapy in Texas, was enacted by the 80th Texas Legislature and signed by Governor Rick Perry on June 15, 2007. The HB2644 amends Texas Occupations Code, Chapter 455, which is the law that regulates the practice of massage therapy in Texas, effective September 1, 2007. Adopted March 19, 2001 and...
amended January 1, 2005,
amended February 1, 2006,
amended October 26, 2006. HB 2644 requires a 500 hour training program for massage therapists and is required for persons applying for licensure who have never enrolled in massage school prior to September 1, 2007. This draft curriculum is designed for persons who will apply for the current massage therapy license and is not designed to be inclusive of alternative, non-massage modalities. HIGHLIGHT of HB2644HB 2644 increases the total number of required hours of coursework for a person to become a registered massage therapist from a 300-hour to a minimum 500-hour course. Existing LMTs need not worry nor do anything other than make sure they don't let their license lapse! HIGHLIGHT of the PROPOSED RULESIt also provides that the applicant pass one of the three national exams of their choosing... the NCETM exam (NESL), the NCETMB exam, or the MBLEx exam. See these web sites for more information: The National Certification Board for Therapeutic Massage and Bodywork
The NCETM / NCETMB are used or recognized by statute or rule in 32 states. Note: the National Exam for State Licensing (NESL/NCETM) does NOT require anyone to become "certified" and it does NOT test on eastern course material. Federation of State Massage Therapy Boards
The somewhat newly introduced MBLEx is in 14 states as of August 2008. MASSAGE THERAPY ESTABLISHMENTThe newly redefined Massage Establishment license fee is $300 for a two year period. Most any location that has more than one massage therapist working there must become a Massage Establishment. This may apply even if the therapists are independent contractors and only rent their rooms at that location. How you may advertise the massage service is also subject to regulation that is worth a close look. Implementation Timeline as of May 1, 2008
Nov 2007 |
Proposed rules finalized; internal DSHS legal review |
Dec 2007 |
First students may complete 500 hour courses and apply of licensure |
Jan 2008 |
DSHS Council to consider the proposed rules; sent back for rework. |
July 2008
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Formal public comment period when back befor the Council |
??? 2008
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Effective date for adoption of final rules has been delayed |
Sep 2008
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Proposed date for all students to have completed 300 hour courses |
Aug 2009
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Proposed date to discontinue the Texas state written exam for students completing 300 hour courses |
The American Massage Therapy Association supports consistent massage therapy licensure standards that encourage reciprocity between states and eventually achieve overall portability of massage therapy credentials. The first step in the effort to achieve consistent licensure standards is to guarantee the inclusion of "must have" and "should have" elements in any and all baseline massage therapy practice acts. The association feels these necessary elements will provide consistency and clarity to state licensure regulations. Carolyn Scott Naile, 2nd VP of Government Relations 
Russell Rust, Law and Legislation Chair
Legislative Actions of 2009
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