1-1 By: Madla S.B. No. 873
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 1, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 1, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 873 By: Madla
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of massage therapy.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 1, Chapter 752, Acts of the 69th
1-24 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
1-25 Civil Statutes), is amended by amending Subdivisions (1), (2), (3),
1-26 and (10) and adding Subdivisions (15) and (16) to read as follows:
1-27 (1) "Massage therapy" means the manipulation of soft
1-28 tissue. The term includes, but is not limited to, effleurage
1-29 (gliding strokes) <(stroking)>, petrissage (kneading), tapotement
1-30 (percussion), compression, vibration, superficial and deep
1-31 friction, nerve strokes, superficial warming techniques, jostling,
1-32 rocking, shaking, and Swedish gymnastics, either by hand or with
1-33 mechanical or electrical apparatus for the purpose of body massage.
1-34 Massage therapy may include the use of oil<, salt glows, heat
1-35 lamps, hot> and hydrotherapy <cold packs, tub, shower, or cabinet
1-36 baths>. Equivalent terms for massage therapy are massage,
1-37 therapeutic massage, massage technology, myo-therapy, body massage,
1-38 body rub, or any derivation of those terms. Massage therapy is a
1-39 health care service when the massage therapy is for therapeutic
1-40 purposes. As used in the Act, the terms "therapy" and
1-41 "therapeutic" do not include diagnosis, the treatment of illness or
1-42 disease, or any service or procedure for which a license to
1-43 practice medicine, chiropractic, physical therapy, or podiatry is
1-44 required by law. Massage therapy does not constitute the practice
1-45 of chiropractic.
1-46 (2) "Massage therapist" means an individual who
1-47 practices or administers massage therapy to a client <patron> of
1-48 either gender for compensation. The term includes a registered
1-49 massage therapist, therapeutic massage practitioner, massage
1-50 technician, masseur, masseuse, myo-therapist, body worker, body
1-51 massager, <body rubber,> or any derivation of those titles.
1-52 (3) "School-based massage <Massage> therapy
1-53 instructor" means an individual who is a registered massage
1-54 therapist, who is instructing one or more students in the soft
1-55 tissue manipulation section of the course of instruction required
1-56 for registration as a massage therapist <therapy>, and whose
1-57 instruction is approved by the department. A school-based massage
1-58 therapy instructor may also teach other courses the instructor is
1-59 qualified to teach.
1-60 (10) "Instructor" means an individual who instructs
1-61 one or more students in any section of the course of instruction
1-62 required for registration as a massage therapist other than the
1-63 soft tissue manipulation section of the course of instruction.
1-64 (15) "Independent massage therapy instructor" means an
1-65 individual who is a registered massage therapist, who is not
1-66 associated with a massage school, and who is the sole instructor of
1-67 the course of instruction required for registration as a massage
1-68 therapist under this Act.
2-1 (16) "Advanced study" means the concentrated study of
2-2 any area of coursework listed in Section 2(b)(1)(A) of this Act or
2-3 of hydrotherapy.
2-4 SECTION 2. Section 2, Chapter 752, Acts of the 69th
2-5 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
2-6 Civil Statutes), is amended by amending Subsections (b) and (c) and
2-7 adding Subsection (d) to read as follows:
2-8 (b) An individual who registers as a massage therapist under
2-9 this Act must present evidence satisfactory to the board that the
2-10 person:
2-11 (1) has satisfactorily completed massage therapy
2-12 studies in:
2-13 (A) a 575-hour, supervised course of instruction
2-14 in which the person enrolled after December 31, 1996, provided by
2-15 an independent massage therapy instructor, by a massage school
2-16 registered by the department, by a state-approved educational
2-17 institution, or by any combination of instructors or schools in
2-18 which 125 hours are dedicated to the study of anatomy, physiology,
2-19 and kinesiology; 175 hours to the study of soft tissue
2-20 manipulation; 50 hours to the study of business practices,
2-21 professionalism, and ethics; 30 hours to the study of health,
2-22 hygiene, cardiopulmonary resuscitation, and first aid; 25 hours to
2-23 the study of pathology and contraindications; 20 hours to the study
2-24 of history, legal issues, and the rules of the board; 75 hours to
2-25 an internship program; and 75 hours of advanced study to be
2-26 determined by the school or independent massage therapy instructor;
2-27 or
2-28 (B) a 300-hour, supervised course of instruction
2-29 in which the person enrolled before January 1, 1997, provided by an
2-30 independent <a> massage therapy instructor, by a massage school
2-31 registered by the department, by a state-approved educational
2-32 institution, or by any combination of instructors or schools, in
2-33 which 125 hours are dedicated to the study of soft tissue
2-34 manipulation <Swedish massage therapy techniques> taught by a
2-35 massage therapy instructor, 50 hours to the study of anatomy, 25
2-36 hours to the study of physiology, 15 hours to the study of
2-37 hydrotherapy, 15 hours to the study of business practices and
2-38 professional ethics standards, 20 hours to the study of health and
2-39 hygiene, and 50 hours to an internship program;
2-40 (2) is registered as a massage therapist in another
2-41 state or country that has and maintains standards and requirements
2-42 of practice and licensing or registration that substantially
2-43 conform to those of this state, as determined by the department;
2-44 <or>
2-45 (3) has practiced massage therapy as a profession for
2-46 not less than five years in another state or country that does not
2-47 have or maintain standards and requirements of practice and
2-48 licensing or registration that substantially conform to those of
2-49 this state, as determined by the department; or
2-50 (4) has satisfactorily completed a training program in
2-51 soft tissue manipulation by a school regulated by a state or
2-52 national regulating or accrediting body that maintains standards
2-53 and requirements that substantially conform to those of this state,
2-54 as determined by the department.
2-55 (c) A student in a state-approved course of instruction that
2-56 consists of a minimum of 600 <300> hours is exempt from
2-57 registration under this Act if the student provides massage therapy
2-58 as part of an internship program or for no compensation.
2-59 (d) Beginning on September 1, 1994, a massage therapist must
2-60 provide proof to the department, at a time required by rules
2-61 adopted under this Act, that during the registration period about
2-62 to expire the registration holder has completed 12 hours of
2-63 classroom instruction recognized by the department and designed to
2-64 enhance the registration holder's career.
2-65 SECTION 3. Subsection (f), Section 2A, Chapter 752, Acts of
2-66 the 69th Legislature, Regular Session, 1985 (Article 4512k,
2-67 Vernon's Texas Civil Statutes), is amended to read as follows:
2-68 (f) A student who is participating in an internship program
2-69 may:
2-70 (1) practice marketing skills;
3-1 (2) make an appointment with an internship <a> client;
3-2 (3) <(2)> interview a client;
3-3 (4) <(3)> perform massage therapy;
3-4 (5) <(4)> collect and review a client evaluation with
3-5 the student's supervisor; and
3-6 (6) <(5)> perform other tasks necessary to the
3-7 business of providing massage therapy to the public.
3-8 SECTION 4. (a) Except as provided by Subsection (b) of this
3-9 section, this Act takes effect September 1, 1993, and applies only
3-10 to the holder of a registration certificate issued or renewed after
3-11 that date. The holder of a registration certificate issued or
3-12 renewed before the effective date of this Act is governed by the
3-13 law in effect at the time the registration certificate was issued
3-14 or renewed, and the former law is continued in effect for that
3-15 purpose.
3-16 (b) The additional 275 hours of massage therapy studies
3-17 required for registration under Paragraph (A), Subdivision (1),
3-18 Subsection (b), Section 2, Chapter 752, Acts of the 69th
3-19 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
3-20 Civil Statutes), as added by this Act, applies only to a student
3-21 who enrolls in a course of instruction in massage therapy after
3-22 December 31, 1996.
3-23 SECTION 5. In the event that both H.B. No. 1259 or S.B. No.
3-24 704 and this Act are enacted during the 73rd Legislature, Regular
3-25 Session, 1993, the Texas Department of Health and the Central
3-26 Education Agency shall enter into an interagency agreement to
3-27 coordinate the transition and administration of those Acts.
3-28 SECTION 6. The importance of this legislation and the
3-29 crowded condition of the calendars in both houses create an
3-30 emergency and an imperative public necessity that the
3-31 constitutional rule requiring bills to be read on three several
3-32 days in each house be suspended, and this rule is hereby suspended.
3-33 * * * * *
3-34 Austin,
3-35 Texas
3-36 April 1, 1993
3-37 Hon. Bob Bullock
3-38 President of the Senate
3-39 Sir:
3-40 We, your Committee on Health and Human Services to which was
3-41 referred S.B. No. 873, have had the same under consideration, and I
3-42 am instructed to report it back to the Senate with the
3-43 recommendation that it do not pass, but that the Committee
3-44 Substitute adopted in lieu thereof do pass and be printed.
3-45 Zaffirini,
3-46 Chair
3-47 * * * * *
3-48 WITNESSES
3-49 FOR AGAINST ON
3-50 ___________________________________________________________________
3-51 Name: Constance Jakubcin x
3-52 Representing: Austin School of Massage
3-53 Thera
3-54 City: Austin
3-55 -------------------------------------------------------------------
3-56 Name: Ronald Clark x
3-57 Representing: Massage Educators
3-58 City: Austin
3-59 -------------------------------------------------------------------
3-60 Name: Terry Boucher x
3-61 Representing: Tx Osteopathic Medical Asso.
3-62 City: Fort Worth
3-63 -------------------------------------------------------------------
3-64 FOR AGAINST ON
3-65 ___________________________________________________________________
3-66 Name: David Lauterstein x
3-67 Representing: Lauterstein-Conway Massage
3-68 City: Austin
3-69 -------------------------------------------------------------------
3-70 Name: Kay Hayden x
4-1 Representing: American Massage Therapy
4-2 City: Austin
4-3 -------------------------------------------------------------------