Maryland Department of Health 10.65.01.06, .07 and .16 General Regulations (BOARD OF MASSAGE THERAPY EXAMINERS)

PROPOSAL

Maryland Register

Issue Date: October 26, 2018

Volume 45 • Issue 22 • Page 1031-1033

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS

10.65.01 General Regulations

Authority: General Provisions Article, §4-333(c); Health Occupations Article, §§6-101, 6-102, 6-201—6-206, 6-301—6-306, and 6-504; Annotated Code of Maryland

Notice of Proposed Action

[18-282-P]

The Secretary of Health proposes to amend Regulations .06 and .07 and adopt new Regulation .16 under COMAR 10.65.01 General Regulations. This action was considered the Board of Massage Therapy Examiners at a public meeting held on July 25, 2018, notice of which was given by publication on the Board’s website at https://health.maryland.gov/massage/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Amend the educational requirements to qualify for a license to practice massage therapy;

(2) Amend the educational requirements to qualify to be registered to practice massage therapy;

(3) Require that each holder of a license or registration to practice massage therapy to display the license or registration conspicuously where the holder is engaged in practice; and

(4) Set standards for Board approval of programs licensing massage therapists or registered massage practitioners at educational institutions in the State.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 26, 2018. A public hearing has not been scheduled.

.06 Application for Licensure or Registration.

A. An applicant for a license to practice massage therapy shall:

(1)—(3) (text unchanged)

(4) Submit a completed criminal background check;

[(4)] (5)—[(6)] (7) (text unchanged)

[(7)] (8) Have copies of official transcripts sent directly to the Board [from] by the [schools] school from which the applicant graduated that [document] documents completion of a program of at least 600 classroom hours in [a] massage therapy education [program] that is:

(a) Approved by the Board and the:

(i) Maryland Higher Education Commission (MHEC); or

(ii) [by the higher] Higher education commission, or comparable authority, of the state or country in which the applicant’s school is located; and

(b) Either:

(i) Accredited by the Commission on Massage Therapy Accreditation (COMTA); or [approved]

(ii) Approved or accredited by an accrediting agency recognized by the United States Department of Education, with the instructors teaching massage related curriculum who are licensed or registered in the instructors’ state of residence;

[(8)] (9) Provide documentation of having satisfactorily completed the requirements listed in [§B] §§B and C of this regulation.

[(9)] (10) Provide documentation of current certification in CPR at the [Healthcare Provider] Basic Life Support (BLS) level; and

[(10)] (11) (text unchanged)

B. To comply with [§A(8)] §A(9) of this regulation, an applicant for a license to practice massage therapy shall provide documentation of having [satisfactorily completed:

(1) At least:

(a)] graduated with at least 600 hours of education in a Board-approved program for the study of massage therapy that includes the following areas of content:

[(i)] (1)—[(ii)] (2) (text unchanged)

[(iii)] (3) Contraindications to massage therapy; [and]

[(iv)] (4) Professional ethics; [and]

(5) Pathology; and

(6) Research.

C. In addition to §B of this regulation, an applicant for a license to practice massage therapy shall provide documentation of having graduated with at least:

[(b)] (1) 60 credit hours of education at an institution of higher education as defined in [the] Education Article, §10–101, Annotated Code of Maryland, and as approved by the Board and MHEC of which a minimum of 24 credit hours shall have been in basic and applied science courses related to health care; or

(2) [At least] For the purpose of a status change:

(a) (text unchanged)

(b) An additional 24 credit hours or 360 contact hours of advanced massage therapy continuing education as [approved] pre-approved by the Board in basic and applied science courses related to health care, [including] which may include, but not belimited to, the following areas of study:

(i) Massage techniques, including advanced Swedish massage and advanced deep tissue massage;

(ii) [Structure and function of the human body; and] Anatomy and physiology of the human body;

(iii) (text unchanged)

(iv) Advanced pathology or pathophysiology;

(v) Orthopedic assessment and massage;

(vi) Neuromuscular therapy;

(vii) Manual lymph drainage;

(viii) Oncology;

(ix) Special populations;

(x) End stage of life;

(xi) Gross anatomy; or

(xii) Other Board pre-approved upper level AP courses.

[C.] D. To be a registered massage practitioner, an applicant shall:

(1)—(3) (text unchanged)

(4) Submit a completed criminal background check;

[(4)] (5)—[(6)] (7) (text unchanged)

(a) Approved by the Board and the:

(i)—(ii) (text unchanged)

(b) (text unchanged)

[(8)] (9)—[(10)] (11) (text unchanged)

[D.] E. To comply with [§C(8)] §D(9) of this regulation, an applicant for a registration to practice massage therapy shall provide documentation of [completion of at least 600 hours of education in] graduation from a Board-approved program of at least 600 hours for the study of massage therapy that includes the following areas of content:

(1)—(2) (text unchanged)

(3) Contraindications to massage therapy; [and]

(4) (text unchanged)

(5) Pathology; and

(6) Research.

[E.] F. The Board may not issue a license or registration if the criminal history record information required under Health Occupations Article, [§3-302.1] §6-303(b), Annotated Code of Maryland, has not been received.

.07 Required Massage Therapy Education and Training.

A. Classroom Training.

(1) Of the minimum 600 hours classroom training required in Regulation [.04A(8)] .06A(9), B, [and C(7)] C, and D(8) of this chapter:

(a) (text unchanged)

(b) The remaining 500 hours shall include a majority of hours in:

(i)—(vi) (text unchanged)

(vii) Health and hygiene; [and]

(viii) Contraindications of massage[.]; and

(ix) Research.

(2)—(4) (text unchanged)

B. (text unchanged)

.16 Board Approval of Educational Programs.

A. The Board may approve any program of studies provided by an accredited State educational institution for:

(1) Licensed massage therapists; and

(2) Registered massage practitioners.

B. The Board shall:

(1) Maintain a list of educational institutions in this State that currently provide an approved licensed massage therapist or registered massage practitioner program;

(2) Set standards for approval of programs licensing massage therapists or registered massage practitioners at educational institutions in this State; and

(3) Survey approved massage therapy programs and schools as necessary.

ROBERT R. NEALL
Secretary of Health