May 2, 2017    
PUBLIC LAW 267
What to expect.


On May 2, 2017 Governor Eric Holcomb signed House Bill 1289 into law!  Although it states that the law will take effect on July 1, it will take some time for the law to be rolled out and fully implemented.  First, rules need to be updated and approved to meet the new standards and requirements under this law.  This is a process that can take months to years.  We will keep you informed throughout the process.  
THE LEGAL STUFF

Click this link to see a copy of the HB1289 in its' final version.  This will show you what was taken out (striken through) and new wording (bold lettering).  Regular type is what was already in place.




WHAT DOES IT MEAN?
Cliff notes! 

 
Section 1 Amends Section 5; licenses held by massage
                therapists
Section 2 Defines what a massage school is. Rules will set
                minimum standards for training and curriculum.
Section 3 Defines compensation to be payment or anything of value
Section 4 Defines Massage Therapy scope of practice.  It states we are a health care
                service and states what we can and cannot do
Section 5 Defines massage therapist
Section 6 Defines a unit
Section 7 Defines the qualifications of the State Massage Board members
Section 8 Sets term limits for the State Massage Board members
Section 9 Allows for a per diem allowance for State Massage Board members
Section 10 States the duties of the State Massage Board
Section 11 Sets mandatory licensing, "Persons engaged in massage therapy for
                  compensation must be licensed by the board."
Section 12 Qualifications to be a massage therapist
                    Changes: submit to a national criminal history background
                    Value placed on malpractice insurance of $2 million/$6 million
Section 14 Rules for advertising massage therapy [rules will clarify] 
Section 15 Must display proof of license in a conspicuous place
Section 16:  Exceptions - this section does not prohibit the following: of this code:
  • Persons with a state license in another field where massage is part of the scope of practice
  • Participation in an approved training program for the purpose of acquiring a license from the state
  • Massage student under the supervision of an instructor who does not profess to be a massage therapist
  • Energy techniques including Alexander, Feldenkrais, Reiki, and Therapeutic Touch
  • The following therapies that have their own certification program and governing body: Trager Approach, Polarity Therapy, Ortho-Bionomy, Reflexology
  • Massage Therapists from other states who massage for an out-of-state sports team
  • Massage Therapists from other states/countries who provide educational programs
  • Employees of physicians, chiropractors, and podiatrists who perform massage techniques during their work duties
  • Practice of massage therapy by a member of an emergency response team during an active emergency response
Section 17 What happens when this code takes effect?  Certified massage therapists will
                  automatically become licensed on the effective date of the rule and  practicing
                  massage therapists who are not certified on the effective date of the rules 
                  will have 183 days to complete and submit an application.
       Grandfathering: 
1) Proof of passing a nationally recognized competency exam and affidavit of at least 5 years work experience or
       2) Certificate and transcript of completion from a 500 hour massage course. 
       [rules will clarify]
Section 18 Rules for massage endorsement from other states meeting Indiana's
                  minimum requirements
Section 19 Length of license is 4 years
Section 20 Rules for renewing license, added is the requirement of 24 hours of
                  continuing education [rules will clarify]
Section 21 Violations will be a Class C Misdemeanor
Section 22 Licensed therapists' responsibility to notify within 30 days of a conviction
Section 23 Any disciplinary action before this statute takes effect will continue
Section 24 This does not affect any State and/or local ordinances on businesses; it
                  supersedes any ordinance resolution, rule or policy a city or county has
                  related to licensure, certification, or registration of massage therapists.
                  [rules will clarify]


RULES
Yes, laws have rules.  
Indiana Administrative Code (Rules and Regulations)

The PLA Massage Board develops and adopts "Rules and Regulations Concerning Practice and Procedure", as well as "Rules and Regulations and Standards of Practice" to govern massage therapists through Title 847 of the Indiana Administrative Code. The State Massage Board makes changes to its rules through a process requiring a notice and a public hearing. Before a rule is final, Indiana Code requires it to be approved by the Attorney General and the Governor. We will be involved throughout this process and will inform you all as these rules are proposed.  

View the rules and regulations that currently govern massage therapy within the State of Indiana:  http://www.in.gov/pla/3317.htm   


VIP THANK YOU'S
Please thank: 

A special thank you goes to Representative Ronald Bacon and Senator Vaneta Becker who sponsored HB1289.  
Representatives that co-sponsored the bill include: David Ober, Robert Morris, and Mara Candelaria Reardon
Senators that co-sponsored the bill include: Jean Leising, Randy Head, Timothy Lanane, and Brandt Hershman

An extra special thank you goes to James Specker and Charlotte Grill in the AMTA Government Relations Dept and to Krieg DeVault lobbyist Amy Levander and Laura Brown.  These four people gave Indiana the time and knowledge to pass this bill after 20 years of trying.  The environment was right and the team was ready. 

Mostly, thank you for writing letters, making phone calls, and sharing on social media. Without your help Public Law would not have been possible. 

Contact:
Kimberly Pucka, CMT BCTMB
Chapter President
1849 S Creasy Lane, Lafayette, IN 47905 
765-586-3645