18VAC90-50 Regulations Governing the Certification of Massage Therapists

REGULATIONS

Vol. 32 Iss. 26 - August 22, 2016

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF NURSING

Chapter 50

Final Regulation

REGISTRAR'S NOTICE: The Board of Nursing is claiming an exclusion from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Board of Nursing will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 18VAC90-50. Regulations Governing the Certification of Massage Therapists (amending 18VAC90-50-10 through 18VAC90-50-90).

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Effective Date: September 21, 2016.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendments change references of "certification" to "licensure," eliminate one examination for licensure, and include a requirement for a criminal background check. The amendments make conforming changes to the regulation pursuant to Chapter 324 of the 2016 Acts of Assembly.

CHAPTER 50
REGULATIONS GOVERNING THE CERTIFICATION LICENSURE OF MASSAGE THERAPISTS

Part I
General Provisions

18VAC90-50-10. Definitions.

A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise ascribed to them in § 54.1-3000 of the Code of Virginia:

"Board" means the Board of Nursing.

"Certified massage "Massage therapist" means a person who meets the qualifications specified in this chapter and who is currently certified by the board. Only someone who is certified by the board as a massage therapist may use any designation tending to imply that he is a certified massage therapist or massage therapist.

"Massage therapy" means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. The terms "massage therapy" and "therapeutic massage" do not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture, or podiatry is required by law.

B. The following word when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:

"NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

18VAC90-50-20. Operational requirements.

A. Requirements for current mailing address.

1. Each applicant or certificate holder licensee shall maintain a current address of record with the board. Any change in the address of record or the public address, if different from the address of record, shall be submitted electronically or in writing to the board within 30 days of such change.

2. All required notices mailed by the board to any applicant or certificate holder licensee shall be validly given when mailed to the latest address of record on file with the board.

B. A certificate holder licensee who has had a change of name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or a court order evidencing the change. A duplicate certificate license shall be issued by the board upon receipt of such evidence and the required fee.

C. Each certified licensed massage therapist shall conspicuously post his current Virginia certificate license in a public area at his practice location.

18VAC90-50-30. Fees.

A. Fees listed in this section shall be payable to the Treasurer of Virginia and shall not be refunded unless otherwise provided.

B. Fees required by the board are:

1. Application and initial certification licensure	$140
2. Biennial renewal	$95
3. Late renewal	$30
4. Reinstatement of certification licensure	$150
5. Reinstatement after suspension or revocation	$200
6. Duplicate certificate license	$15
7. Replacement wall certificate	$25
8. Verification of certification licensure	$35
9. Transcript of all or part of applicant/certificate holder applicant/licensee records	$35
10. Returned check charge	$35

Part II
Requirements for Certification Licensure

18VAC90-50-40. Initial certification licensure.

A. An applicant seeking initial certification licensure shall submit a completed application and required fee and verification of meeting the requirements of § 54.1-3029 A of the Code of Virginia as follows:

1. Is at least 18 years old;

2. Has successfully completed a minimum of 500 hours of training from a massage therapy program certified or approved by the State Council of Higher Education for Virginia or an agency in another state, the District of Columbia, or a United States territory that approves educational programs, notwithstanding the provisions of § 22.1-320 23-276.2 of the Code of Virginia;

3. Has passed the National Certification Exam for Therapeutic Massage and Bodywork, the National Certification Exam for Therapeutic Massage, the Licensing Examination of the Federation of State Massage Therapy Boards, or an exam deemed acceptable to the board; and

4. Has not committed any acts or omissions that would be grounds for disciplinary action or denial of certification as set forth in § 54.1-3007 of the Code of Virginia and 18VAC90-50-90; and

5. Has completed a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia.

B. No application for certification under provisions of § 54.1-3029 B of the Code of Virginia shall be considered unless submitted prior to July 1, 1998.

C. B. An applicant who has been licensed or certified in another country and who, in the opinion of the board, meets the educational requirements shall take and pass an examination as required in subsection A of this section in order to become certified licensed.

18VAC90-50-50. Certification Licensure by endorsement.

A. A massage therapist who has been licensed or certified in another U.S. United States jurisdiction with requirements substantially equivalent to those stated in 18VAC90-50-40, and who is in good standing or is eligible for reinstatement, if lapsed, shall be eligible to apply for certification licensure by endorsement in Virginia.

B. An applicant for certification licensure by endorsement shall submit a completed application and required fee, including a criminal history background check as required by § 54.1-3005.1 of the Code of Virginia, to the board and shall submit the required form to the appropriate credentialing agency in the state of original licensure or certification for verification.

18VAC90-50-60. Provisional certification licensure.

A. An eligible candidate who has filed a completed application for certification licensure in Virginia may engage in the provisional practice of massage therapy in Virginia for a period not to exceed 90 days upon written authorization from the board.

B. The designation of "massage therapist" or "certified "licensed massage therapist" shall not be used by the applicant during the 90 days of provisional certification licensure.

C. An applicant who fails the certifying licensing examination shall have his provisional certification licensure withdrawn upon the receipt of the examination results and shall not be eligible for certification licensure until he passes such examination.

Part III
Renewal and Reinstatement

18VAC90-50-70. Renewal of certification licensure.

A. Certificate holders Licensees born in even-numbered years shall renew their certificates licenses by the last day of the birth month in even-numbered years. Certificate holders Licensees born in odd-numbered years shall renew their certificates licenses by the last day of the birth month in odd-numbered years.

B. The certificate holder licensee shall complete the renewal form and submit it with the required fee and attest that he has complied with continuing competency requirements of 18VAC90-50-75.

C. Failure to receive the application for renewal shall not relieve the certified licensed massage therapist of the responsibility for renewing the certificate license by the expiration date.

D. The certificate license shall automatically lapse by the last day of the birth month if not renewed;, and use of the title "massage therapist" or "certified "licensed massage therapist" is prohibited.

18VAC90-50-75. Continuing competency requirements.

A. In order to renew a certificate license biennially, a certified licensed massage therapist shall:

1. Hold current certification by the NCBTMB; or

2. Complete at least 24 hours of continuing education or learning activities with at least one hour in professional ethics. Hours chosen shall be those that enhance and expand the skills and knowledge related to the clinical practice of massage therapy and may be distributed as follows:

a. A minimum of 12 of the 24 hours shall be in activities or courses provided by an NCBTMB-approved provider and may include seminars, workshops, home study courses, and continuing education courses.

b. No more than 12 of the 24 hours may be activities or courses that may include consultation, independent reading or research, preparation for a presentation, a course in cardiopulmonary resuscitation, or other such experiences that promote continued learning.

B. A massage therapist shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial certification licensure in Virginia.

C. The massage therapist shall retain in his records the completed form with all supporting documentation for a period of four years following the renewal of an active certificate license.

D. The board shall periodically conduct a random audit of certificate holders licensees to determine compliance. The persons selected for the audit shall provide evidence of current NCBTMB certification or the completed continued competency form provided by the board and all supporting documentation within 30 days of receiving notification of the audit.

E. Failure to comply with these requirements may subject the massage therapist to disciplinary action by the board.

F. The board may grant an extension of the deadline for continuing competency requirements, for up to one year, for good cause shown upon a written request from the certificate holder licensee prior to the renewal date.

G. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the certificate holder licensee, such as temporary disability, mandatory military service, or officially declared disasters.

18VAC90-50-80. Reinstatement of certificates licenses.

A. A massage therapist whose certificate license has lapsed may reinstate his certification licensure within one renewal period by attesting to completion of continuing competency requirements for the period and payment of the current renewal fee and the late renewal fee.

B. A massage therapist whose certificate license has lapsed for more than one renewal period shall file a reinstatement application, attest to completion of continuing competency requirements for the period in which the certificate license has been lapsed, not to exceed four years, and pay the reinstatement fee.

C. A massage therapist whose certificate license has been suspended or revoked may apply for reinstatement by filing a reinstatement application meeting the requirements of subsection B of this section, and paying the fee for reinstatement after suspension or revocation.

D. The board may require evidence that the massage therapist is prepared to resume practice in a competent manner.

Part IV
Disciplinary Provisions

18VAC90-50-90. Disciplinary provisions.

The board has the authority to deny, revoke, or suspend a certificate license issued by it or to otherwise discipline a certificate holder licensee upon proof that the practitioner has violated any of the provisions of § 54.1-3007 of the Code of Virginia or of this chapter or has engaged in the following:

1. Fraud or deceit which shall mean, but shall not be limited to:

a. Filing false credentials;

b. Falsely representing facts on an application for initial certification licensure, or reinstatement or renewal of a certificate license; or

c. Misrepresenting one's qualifications including scope of practice.

2. Unprofessional conduct which shall mean, but shall not be limited to:

a. Performing acts which constitute the practice of any other health care profession for which a license or a certificate is required or acts which are beyond the limits of the practice of massage therapy as defined in § 54.1-3000 of the Code of Virginia;

b. Assuming duties and responsibilities within the practice of massage therapy without adequate training or when competency has not been maintained;

c. Failing to acknowledge the limitations of and contraindications for massage and bodywork or failing to refer patients to appropriate health care professionals when indicated;

d. Entering into a relationship with a patient or client that constitutes a professional boundary violation in which the massage therapist uses his professional position to take advantage of the vulnerability of a patient, a client, or his family, to include but not be limited to actions that result in personal gain at the expense of the patient or client, a nontherapeutic personal involvement or sexual conduct with a patient or client;

e. Falsifying or otherwise altering patient or employer records;

f. Violating the privacy of patients or the confidentiality of patient information unless required to do so by law;

g. Employing or assigning unqualified persons to practice under the title of "massage therapist" or "certified "licensed massage therapist";

h. Engaging in any material misrepresentation in the course of one's practice as a massage therapist; or

i. Failing to practice in a manner consistent with the code of ethics of the NCBTMB, as incorporated by reference into this chapter with the exception of the requirement to follow all policies, procedures, guidelines, regulations, codes, and requirements promulgated by the NCBTMB.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (18VAC90-50)

Instructions and Application for Certification as a Massage Therapist (rev. 6/11).

Instructions and Application for Certification by Endorsement -- Massage Therapist (rev. 6/11).

Massage Therapist Certification/Licensure Verification Form (rev. 7/07).

Application for Reinstatement of Certificate as a Massage Therapist (rev. 6/11).

Instructions for Application for Reinstatement following Suspension or Revocation – Certified Massage Therapist (rev. 7/07).

Application for Reinstatement of Certificate as a Massage Therapist following Suspension or Revocation (rev. 7/07).

Application for Licensure as a Massage Therapist - online application only at http://www.dhp.virginia.gov/nursing/nursing_forms.htm#MassageTherapist

Massage Therapist Certification/Licensure Verification Form (rev. 4/2014)

Application for Reinstatement of Licensure as a Massage Therapist (rev. 7/2016)

Instructions and Application for Reinstatement of Licensure as a Licensed Massage Therapist following Suspension or Revocation (7/2016)

VA.R. Doc. No. R16-4767; Filed July 27, 2016, 2:54 p.m.