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MD Massage : massact

 

Article - Health Occupations

Index

         Title 3; Subtitle 5A. Certification of Massage Therapists

          Title 19 Health Care Facilities


Annotated Code of Maryland

Health Occupations Article

Title 3. Laws for Massage Therapy Examiners

 

 

Title 3; Subtitle 5A. Certification of Massage Therapists

§3–5A–01. Definitions.

(a) In this subtitle the following words have the meanings indicated.

(b) “Board” means the State Board of Chiropractic and Massage Therapy Examiners.

(c) “Health care facility” has the meaning stated in § 19–114(d) of the Health – General Article.

(d) “License” means, unless the context requires otherwise, a license issued by the Board to practice massage therapy.

(e) “Licensed massage therapist” means an individual who is licensed by the Board to practice massage therapy.

(f)       (1) “Massage therapy” means the use of manual techniques on soft tissues of the human body including effleurage (stroking), petrissage (kneading), tapotement (tapping), stretching, compression, vibration, and friction, with or without the aid of heat limited to hot packs and heating pads, cold water, or nonlegend topical applications, for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well–being.
(2) “Massage therapy” does not include:
(i) The diagnosis or treatment of illness, disease, or injury;

(ii) The adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the body or spine; or

(iii) Except as provided in paragraph (3) of this subsection, the laying on of hands, consisting of pressure or movement on a fully clothed individual, to specifically affect the electromagnetic energy or energetic field of the human body.

(3) “Massage therapy” includes the laying on of hands, consisting of pressure or movement on a fully clothed individual, to specifically affect the electromagnetic energy or energetic field of the human body if this practice includes use of the manual techniques set forth in paragraph (1) of this subsection.
(4) In paragraph (2)(iii) of this subsection, “fully clothed” does not require the wearing of footwear.

(5) The provisions of paragraph (2) of this subsection do not preclude the application of the modalities described in paragraph (1) of this subsection to an individual who has an injury.

(g) “Practice massage therapy” means to engage professionally and for compensation in massage therapy.

(h) “Practice non–therapeutic massage” means to engage professionally and for compensation in massage therapy in a setting that is not a health care facility.

(i) “Registered massage practitioner” means an individual who is registered by the Board to practice non–therapeutic massage.

(j) “Registration” means, unless the context requires otherwise, a registration issued by the Board to practice non–therapeutic massage.

§3–5A–02. Board to adopt regulations.
The Board shall adopt regulations for the:
(1) Licensure and practice of massage therapists; and
(2) Registration and practice of massage practitioners.

§3–5A–03. Fees.

(a) (1) The Board shall set reasonable fees for the issuance and renewal of licenses and registrations and the other services it provides to massage therapists.
(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program, registration program, and the other services provided to massage therapists.

(b) (1) The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller of the State.
(2) The Comptroller shall distribute all fees to the State Board of Chiropractic and Massage Therapy Examiners Fund established under § 3-206 of this title.

(c) The fees shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.

§3–5A–04. Requirements for licensure and registration.

(a) (1) Except as otherwise provided in this subtitle, an individual shall be:
(i) Licensed by the Board before the individual may practice massage therapy in this State; or
(ii) Registered by the Board before the individual may practice non-therapeutic massage in this State.

§3–5A–05. Exceptions.

This subtitle does not apply to:
(1) A student enrolled in an approved education program as determined by the Board while practicing massage therapy in that program;
(2) An individual permitted to practice massage therapy under regulations adopted by the Board, if the individual otherwise has qualified to practice massage therapy in any other state or country that has substantially similar requirements for authorization to practice massage therapy and the individual is in this State for no more than 7 days;
(3) A family member practicing massage therapy on another family member;
(4) An athletic trainer while functioning in the course of the athletic trainer’s professional capacity;
(5) An individual employed by the federal government to practice massage therapy while practicing within the scope of the individual’s employment; or
(6) An individual working in a beauty salon:
(i) For which the person who operates the beauty salon has obtained a permit from the State Board of Cosmetology as required under § 5–501 of the Business Occupations and Professions Article; and
(ii) In which the individual is providing cosmetology and esthetic services, including the application and removal of skin or skin care products.

§3–5A–06. Requirements and qualifications for licensure and registration.

(a) To qualify for a license, an applicant shall be an individual who:
(1) Is of good moral character;
(2) Is at least 18 years old;
(3) Has satisfactorily completed at least 60 credit hours of education at an institution of higher education as defined in § 10–101 of the Education

Article and as approved by the Board and the Maryland Higher Education Commission;
(4) Has completed 500 hours of education in a Board approved program for the study of massage therapy that includes the following areas of content:
(i) Anatomy and physiology;

(ii) Massage theory, techniques, and practice;

(iii) Contraindications to massage therapy; and

(iv) Professional ethics; and

(5) Has passed an examination approved by the Board.
(b) To qualify for registration, an applicant shall be an individual who:
(1) Is of good moral character;
(2) Is at least 18 years old;
(3) Has completed 500 hours of education in a Board approved program for the study of massage therapy that includes the following areas of content:
(i) Anatomy and physiology;

(ii) Massage theory, techniques, and practice;

(iii) Contraindications to massage therapy; and

(iv) Professional ethics; and

(4) Has passed an examination approved by the Board.

§3–5A–07. Waiver authority

(a) Subject to the provisions of this subsection, the Board may waive any requirement of this subtitle for an applicant who is registered, certified, or licensed to practice massage therapy in another state.

(b) The Board may grant a waiver under this subsection only if the applicant:
(1) Pays the application fee set by the Board; and
(2) Provides adequate evidence that the applicant:

(i) Has completed educational requirements that the Board determines to be equivalent to the Board approved educational requirements in this State;
(ii) At the time the applicant became certified, registered, or licensed in the other state, passed in that state or any other state an examination that the Board determines to be equivalent to the examination required in this State; and
(3) Is of good moral character.

§3–5A–08. Non-therapeutic massage practitioners – Restrictions on practice.

An individual who is registered to practice non-therapeutic massage under § 3-5A-06 of this subtitle may not practice in a medical health care provider’s office, hospital, or other health care facility for the purpose of providing massage.

§3–5A–09. Application.

(a) To apply for a license or registration, an applicant shall:
(1) Submit to the Board an application on the form that the Board requires;
(2) Submit to the Board evidence of compliance with the requirements of § 3-5A-05 of this subtitle; and
(3) Pay the application fee set by the Board.

§3–5A–10. Certification or registration expiration and renewal.

(a) (1) A license or registration expires on the date set by the Board, unless the certificate or registration is renewed for a 1-year term as provided in this section.
(2) A certificate or registration may not be renewed for a term of longer than 2 years.
(b) At least 1 month before the license or registration expires, the Board shall send to the licensee or registration holder, by first-class mail to the last known address of the licensee or registration holder, a renewal notice that states:
(1) The date on which the current license or registration expires;
(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license or registration expires; and
(3) The amount of the renewal fee.

(c) Before a license or registration expires, the licensee or registration holder periodically may renew it for an additional term, if the licensee or registration holder:
(1) Otherwise is entitled to be licensed or registered;
(2) Submits to the Board a renewal application on the form that the Board requires; and

(3) Pays to the Board a renewal fee set by the Board.
(d) (1) Each licensee or registration holder shall notify the Board in writing of any change in the name or address of the licensee or registration holder within 60 days after the change occurred.

(2) If a licensee or registration holder fails to notify the Board within the time required under this subsection, subject to the hearing provisions of § 3-315 of this title, the Board may impose an administrative penalty of $100.

(e) The Board shall renew the license of each licensee and each registration holder who meets the requirements of this section.

§3–5A–11. Denials; suspensions; revocations.

(a) Subject to the hearing provisions of § 3-315 of this title, the Board may deny a license or registration to any applicant, reprimand any licensee or registration holder, place any licensee or registration holder on probation, or suspend or revoke the license of a licensee or the registration of a registration holder if the applicant, licensee, or registration holder:

(1) Fraudulently or deceptively obtains or attempts to obtain a license or registration for the applicant or for another;
(2) Fraudulently or deceptively uses a license or registration;
(3) Is disciplined by a licensing, certifying, or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;
(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(5) Willfully and knowingly:
(i) Files a false report or record of an individual under the care of the license holder or registration holder; or
(ii) Gives any false or misleading information about a material matter in an employment application;

(6) Knowingly does any act that has been determined by the Board, in its regulations, to exceed the scope of practice authorized to the individual under this subtitle;
(7) Provides professional services while:

(i) Under the influence of alcohol; or
(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(8) Does an act that is inconsistent with generally accepted professional standards in the practice of massage therapy;
(9) Is negligent in the practice of massage therapy;
(10) Is professionally incompetent;
(11) Has violated any provision of this subtitle;
(12) Submits a false statement to collect a fee;
(13) Is physically or mentally incompetent;
(14) Knowingly fails to report suspected child abuse in violation of § 5-704 of the Family Law Article;
(15) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the certificate holder or registration holder is qualified to render because the individual is HIV positive;
(16) Except in an emergency life-threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control’s guidelines on universal precautions;
(17) Is habitually intoxicated;
(18) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in § 5-101 of the Criminal Law Article;
(19) Fails to cooperate with a lawful investigation conducted by the Board;
(20) Engages in conduct that violates the professional code of ethics; or
(21) Knowingly does an act that has been determined by the Board to be a violation of the Board’s regulations.

(b) If, after a hearing under § 3-315 of this title, the Board finds that there are grounds under subsection (a) of this section to suspend or revoke a license to practice massage therapy or registration to practice non-therapeutic massage, to reprimand a licensee or registration holder, or place a licensee or registration holder on probation, the Board may impose a penalty not exceeding $5,000 in lieu of or in addition to suspending or revoking the license or registration, reprimanding the licensee or registration holder, or placing the licensee or registration holder on probation.

(c) (1) An individual whose license or registration has been suspended or
revoked by the Board shall return the license or registration to the Board.
(2) If the suspended or revoked license or registration has been lost, the individual shall file with the Board a verified statement to that effect.

(d) The Board shall file a notice for publication in the earliest publication of the Maryland Register of each revocation or suspension of a license or registration under this section within 24 hours of the revocation or suspension.

§3–5A–12. Scope of subtitle.

This subtitle does not limit the right of an individual to practice or advertise an occupation that the individual is otherwise authorized to practice under the Maryland Annotated Code.

§3–5A–13. Advertising.

(a) The Board shall adopt rules and regulations to establish standards for advertising or soliciting by licensed massage therapists or registered massage practitioners.

(b) For purposes of this section, notices mailed to patients to inform them of times for periodic appointments are not advertising or soliciting.

(c) A licensed massage therapist or a registered massage practitioner may use a trade name in connection with the practice of massage therapy provided that:
(1) The use of the trade name is not deceptive or misleading;
(2) The advertisement in which the trade name appears includes the name of the licensed massage therapist or registered massage practitioner or the name of the business entity providing the massage therapy services being advertised, as long as the advertisement includes the name of a licensed massage therapist or registered massage practitioner;
(3) The name of the licensed massage therapist or registered massage practitioner providing massage therapy services appears on the billing invoices, stationery, and on any receipt given to a patient;
(4) Treatment records are maintained that clearly identify the licensed massage therapist or registered massage practitioner who has performed the massage therapy service for the patient; and
(5) The use of a trade name is preapproved by the Board before use.

§3–5A–14. Restriction on referral.

A health care provider licensed or certified under this article may not refer patients to a person who is not a licensed massage therapist.

§3–5A–15. Reimbursement by insurer not required.

Notwithstanding the fact that these services are provided within the scope of their licensed practice, nothing in this subtitle requires a nonprofit health service plan, insurer, health maintenance organization, or person acting as a third party administrator to reimburse a licensed massage therapist or registered massage practitioner for any services rendered.

§3–5A–16. Charles and Washington counties.

(a) In Charles County and Washington County, the County Commissioners may adopt ordinances or regulations relating to massage establishments and the practices of massage therapists, massage practitioners, and any other individuals who provide massage for compensation.

(b) (1) The Charles County Commissioners shall provide that the Director of the
Charles County Health Department and the Office of the Sheriff for Charles County have the authority to carry out the provisions of the ordinances or regulations adopted under subsection (a) of this section.
(2) The Washington County Commissioners shall provide that the Washington County Health Officer and the Office of the Sheriff for Washington County have the authority to carry out the provisions of the ordinances or regulations adopted under subsection (a) of this section.

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Title 19 Health Care Facilities

§19-114. Definitions.
(d) (1) “Health care facility” means:

(i) A hospital, as defined in § 19–301 of this title;

(ii) A limited service hospital, as defined in § 19–301 of this title;

(iii) A related institution, as defined in § 19–301 of this title;

(iv) An ambulatory surgical facility;

(v) An inpatient facility that is organized primarily to help in the rehabilitation of disabled individuals, through an integrated program of medical and other services provided under competent professional supervision;

(vi) A home health agency, as defined in § 19–401 of this title;

(vii) A hospice, as defined in § 19–901 of this title; and

(viii) Any other health institution, service, or program for which this Part II of this subtitle requires a certificate of need.