SECTION 1. Section 452-1, Hawaii Revised Statutes, is amended as follows:

1. By adding four new definitions to be appropriately inserted and to read:

""Certified massage" and "certified massage therapy" means massage therapy performed by a certified massage therapist, or by a massage therapist assistant being supervised by a certified massage therapist that includes the assessment and treatment of humans to evaluate, prevent, and alleviate pain, anguish, and other physical and mental diseases and disorders primarily by means of massage therapy. It includes consultation, evaluation, treatment, and modification of treatment.

"Certified massage therapist" means a person who is a licensed massage therapist in the State and certified by the board to practice certified massage therapy as outlined in this chapter.

"Licensed massage therapist" and "massage therapist" means a person who is licensed to practice massage therapy in the State.

"Massage therapy assistant" means a person who is registered as a massage therapy assistant in the State and assists a certified massage therapist in the practice of massage therapy with the following restrictions:

(1) A massage therapist assistant must be supervised by a certified massage therapist at all times pursuant to rules established by the board;

(2) The massage therapist assistant may only practice massage therapy as directed by the supervising certified massage therapist; and

(3) The massage therapist assistant to certified massage therapist ratio at any one massage therapy establishment shall not exceed five massage therapist assistants to one certified massage therapist."

2. By amending the definition of "massage", "massage therapy", and "Hawaiian massage" to read:

""Massage", "massage therapy", and "Hawaiian massage" commonly known as lomilomi, means any method of treatment of the [~~superficial soft parts of the body,~~] soft tissue parts of the musculoskeletal system, consisting of rubbing, stroking, tapotement, guided movement, pressing, shaking, or kneading with the hands, feet, elbow, or arms, and whether or not aided by any mechanical or electrical apparatus, appliances, or supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. Any mechanical or electrical apparatus used as described in this chapter shall be approved by the United States Food and Drug Administration."

3. By amending the definition of "massage therapy establishment" to read:

""Massage therapy establishment" means premises occupied and used for the purpose of practicing massage therapy, certified massage therapy, or massage therapy training; provided that when any massage therapy establishment is situated in any building used for residential purposes, the massage therapy establishment premises shall be set apart and shall not be used for any other purpose."

4. By repealing the definition of "massage therapist apprentice".

[""Massage therapist apprentice" means any person who engages in the occupation or practice of massage under the direct supervision of a sponsoring massage therapist who is employed by or registered with an approved massage establishment."]

SECTION 2. Section 452-2, Hawaii Revised Statutes, is amended to read as follows:

"§452-2 License required. (a) It is unlawful for any person in the State to engage in or attempt to engage in the occupation or practice of massage for compensation without a current massage therapist license issued pursuant to this chapter.

(b) A [~~massage therapist apprentice who has a permit, or a~~] massage therapist student under the direct supervision of a teacher in a massage school setting, is also permitted to engage in or attempt to engage in the occupation or practice of massage.

(c) A massage therapist assistant under the supervision of a certified massage therapist is also permitted to engage in the practice of massage."

SECTION 3. Section 452-4, Hawaii Revised Statutes, is amended to read as follows:

"§452-4 Creation of state board; qualifications. (a) There is established within the department of commerce and consumer affairs for administrative purposes a state board of massage therapy consisting of [~~five~~] seven members.

(b) [~~Three~~] Five members shall have at least three years of practical experience as licensed massage therapists[~~, who~~] and shall be actively employed as massage therapists, and two shall be public members. Two of the five members licensed as massage therapists shall be certified massage therapists in accordance with this chapter.

(c) Board members affiliated with any school teaching massage [~~or any apprenticeship~~] or other massage therapy training program shall disclose that affiliation and shall at all times adhere to the provisions of chapter 84 and the interpretations of that chapter by the state ethics commission."

SECTION 4. Section 452-6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) In addition to any other powers and duties authorized by law, the board may grant, or upon proof of violation of this chapter or the rules adopted by the board governing the practice under this chapter, revoke, suspend, or refuse to renew a license or registration as provided in this chapter.

(c) The board shall adopt rules pursuant to chapter 91 relating to massage therapist [~~apprenticeship and~~] training including rules establishing qualifications for [~~apprenticeship permits and~~] training programs and the requirements to be met [~~by massage therapist apprentices~~] prior to taking the massage therapist license examination[.] and the certified massage therapist examination."

SECTION 5. Section 452-12, Hawaii Revised Statutes, is amended to read as follows:

"§452-12 Application for examination. Each person who desires to practice [~~the occupation of~~] massage [~~therapist~~] therapy shall file with the board a written application on a form prescribed and supplied by the board, and shall submit such credentials as may be required by this chapter or the rules adopted by the board, and shall also pay the board the required fees."

SECTION 6. Section 452-13, Hawaii Revised Statutes, is amended to read as follows:

"§452-13 Requisites for admission to examination, [~~and~~] licensing, certification, and registration of massage therapists, certified massage therapists, massage therapist assistants, and massage therapy establishments. (a) The executive secretary of the board shall determine the sufficiency of the preliminary qualifications of applicants for admission to examination and licensing[.] or certification. The executive secretary shall require that:

(1) A nonrefundable application fee shall be paid to the board at the time of [~~the~~] each application.

(2) The examination fee shall be refunded only if the applicant is found not qualified to take the [~~license~~] examination.

(3) An applicant for examination to licensure shall have completed academic training in anatomy, physiology, structural kinesiology, and the theory and demonstration of massage, which is not confined to any specific system or method of massage therapy, spent at least six months as a [~~massage therapist apprentice or~~] massage therapist student in a school approved by the board, and met all other requirements set for [~~apprentices or~~] students by the board pursuant to section 452-6(c).

(4) An applicant for examination to certification shall have completed all of the requirements for a massage therapist license as outlined in this chapter, have a current valid massage therapist license in the State in good standing with the board, have at least one year of practical experience employed as a licensed massage therapist, and have an additional three hundred classroom hours of academic training in anatomy, physiology, structural kinesiology, pathology, critical thinking, clinical reasoning, and professional development for healthcare providers.

(5) An applicant for examination to registration as a massage therapist assistant shall have completed three hundred hours of academic training in anatomy, safety and contraindications, sanitation, hygiene, and theory and demonstration of massage which is not confined to any specific system or method of massage therapy, spent at least three months in training at a school approved by the board, and met all other requirements set for massage therapist assistants by the board pursuant to section 452-6(c).

(6) A licensed massage therapist practicing in the State with at least three years of working experience who is in good standing with the board may apply for the examination for certification on or before June 30, 2016.

(b) An applicant desiring to license a massage therapy establishment shall file with the board a written application on a form prescribed and supplied by the board, and setting forth that the applicant has complied with all of the requirements in a manner and detail as may be required by the rules established by the board. A license fee shall be paid to the board together with the application fee."

SECTION 7. Section 452-14, Hawaii Revised Statutes, is amended to read as follows:

"§452-14 [~~Examination.~~] Examinations. The department of commerce and consumer affairs or the board may contract with professional testing services to prepare, administer, and grade [~~the~~] any examination for applicants as may be required for the purposes of this chapter. The [~~examination of applicants for a license to practice massage~~] examinations shall be conducted under rules prescribed by the board and shall consist of a written examination which is not confined to any specific system or method and which is consistent with the practical and theoretical requirements of the occupation as provided by this chapter."

SECTION 8. Section 452-15, Hawaii Revised Statutes, is amended to read as follows:

"§452-15 Licenses[.], certifications, and registrations. (a) If an applicant for an examination [~~for massage therapist~~] to licensure, certification, or registration passes the examination to the satisfaction of the board, the board shall issue a license, certification, or registration to that effect, signed by the chairperson. The license, certification, or registration shall be evidence that the person to whom it is issued is entitled to follow the practice stipulated therein as prescribed in this chapter. The license, certification, or registration shall not be transferable and shall be conspicuously displayed in the place of business or employment."

SECTION 9. Section 452-16, Hawaii Revised Statutes, is amended to read as follows:

"§452-16 Renewal of license[;], certification, and registration; fees. Massage therapist licenses, massage therapist certifications, massage therapist assistant registrations, and massage therapy establishment licenses shall expire on June 30 of each even-numbered year following the date of issuance unless renewed for the next biennium. These licenses, certifications, and registrations may be renewed by filing an application therefor, accompanied by a renewal fee. The application shall be made between May 1 and June 30 of each even-numbered year. Failure to apply for renewal as provided in this section shall constitute a forfeiture of the license, certification, or registration as of the date of expiration. Any license, certification, or registration so forfeited may be restored within one year after expiration upon the filing of an application in the same manner and payment of a penalty fee in addition to all delinquent fees. Thereafter, the person shall apply as a new applicant and the board may require the person to take and pass the examination and satisfy all requirements for the examination, including training, if the board is not satisfied that the person possesses current knowledge and skills for the practice of massage therapy."

SECTION 10. Section 452-19, Hawaii Revised Statutes, is amended to read as follows:

"§452-19 Penalties. (a) Any person who practices massage or maintains a massage therapy establishment, or acts in any capacity wherein a license, certification, or registration is required by this chapter, without [~~a license~~] the appropriate license, certification, or registration as provided for in this chapter, shall be guilty of a petty misdemeanor.

(b) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed , certified, or registered as a massage therapist or [~~who has not received a permit as a massage therapist apprentice~~] a massage therapist assistant as provided in this chapter, or who allows an unlicensed, uncertified, or unregistered person to perform, operate, or practice massage is guilty of a misdemeanor."

SECTION 11. Section 452-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) It is a misdemeanor for any person, including a massage therapist assistant or a person who is exempt by section 452-21 from this chapter, to advertise with or without any limiting qualifications as a massage therapist unless the person holds a valid license under this chapter. Further, it shall be a violation of this chapter for any person to advertise:

(1) As a massage therapist, a certified massage therapist, a massage therapist assistant, or a massage therapy establishment unless the person holds a valid license, certification, or registration under this chapter in the classification so advertised;

(2) By combining advertising for [~~a licensed massage therapy service~~] any massage service with escort or dating services;

(3) As performing massage in a form in which the person has not received training, or of a type which is not licensed or otherwise recognized by statute or administrative rule;

(4) By using in any mass distribution, print advertisements such as newspaper advertisements, or telephone directory listings, pictures depicting the human form other than hands, wrists, and forearms;

(5) By using any term other than therapeutic massage or massage therapy to refer to the service; or

(6) By referring to any personal physical qualities of the practitioner.

"Advertise" as used in this section includes, but is not limited to, the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle or structure; advertising in any newspaper or magazine; any listing or advertising in any directory under a classification or heading that includes the word "massage therapist" or "massage therapy establishment"; or commercials broadcast by airwave transmission."

SECTION 12. Section 452-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, certificant, or registrant, including, but not limited to, revocation, suspension, fine, or a combination thereof, or may refuse to grant or renew a license, certification, or registration for any cause authorized by law, including but not limited to the following:

(1) Procuring a license, certification, or registration through fraud, misrepresentation, or deceit or permitting an unlicensed person to perform activities which require a license under this chapter;

(2) Conviction of any crime involving moral turpitude;

(3) Practicing massage while the ability to practice is impaired by alcohol, drugs, physical disability, or mental instability;

(4) Failure to display a license, certification, or registration as provided in this chapter;

(5) Professional misconduct, gross carelessness, or manifest incapacity in the practice of massage;

(6) Violating this chapter or the rules adopted pursuant thereto;

(7) Failing to comply with a board order;

(8) Any other conduct constituting fraudulent or dishonest dealings;

(9) Making a false statement on any document submitted or required to be filed by this chapter; or

(10) Any representation, or the use of any designation, which states or implies that the person is able to perform a technique of massage which the person is not trained to perform."

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 15. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1390
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII