As we have discussed in prior legislative updates, Oklahoma has been one of only five states in the country that does not regulate the profession of massage therapy, and the state has been considering creating a system of mandatory licensure for massage therapists for many years. This year's bill, Oklahoma Senate Bill 687, passed in the state legislature and has now been signed into law by Governor Fallin. Under the new law, starting May 1, 2017, all massage therapists practicing in Oklahoma will need to hold a mandatory state massage therapist license. The law also establishes minimum training requirements, defines a scope of practice, provides procedures for professional discipline, pre-empts local regulation of massage therapists, and requires that massage therapy schools must be licensed by the Oklahoma Board of Private Vocational Schools.
Many changes were made to the bill during the legislative process that addressed ABMP's initial concerns. Importantly, a workable grandfathering provision was added to the bill, and the hours of massage therapy education required to obtain a license (after the grandfathering period) was reduced from 750 hours to 500 hours. Although the law does place the regulation of massage therapy under the state Cosmetology Board, we are comfortable at this point that the Cosmetology Board will be equipped to address issues specific to the massage profession, in conjunction with a five-member Advisory Board on Massage Therapy, which will include three professional massage therapists and one massage school administrator or faculty member.
There is nothing you need to do right now. Before anyone can apply for a license, the Board must first draft and issue the regulations implementing the law and must create the application form. We will let our Oklahoma members know when the regulations have been issued and applications have been made available. Until that time, there is nothing you need to do.
Qualifying for Licensure Before May 1, 2017 (Grandfathering)
After applications are available, and until May 1, 2017, massage practitioners will be able to qualify for a state license by providing one of the following:
1. Documentation that the applicant has completed and passed a nationally recognized competency examination in the practice of massage therapy, or
2. An affidavit of at least five (5) years of work experience in the state, or
3. A certificate and transcript of completion from a massage school with at least five hundred (500) hours of education.
If you will not have met any of these criteria by May 1, 2017, please contact ABMP Government Relations Coordinator Nancy Potter at nancy@abmp.com to discuss how you can qualify by the deadline.
Additionally, all applicants must be at least 18 years of age, must provide proof of professional liability insurance, and must disclose any prior criminal proceedings taken against the applicant.
Again, the Board will have the responsibility of providing the details in regulations regarding how and when to apply.
Qualifying for Licensure After May 1, 2017
After May 1, 2017, all applicants for licensure will be required to provide proof of 500 hours of massage education and proof that they have passed a nationally recognized competency examination approved by the Board. Additionally, all applicants must be at least 18 years of age, must provide proof of professional liability insurance, and must disclose any prior criminal proceedings taken against the applicant.
Modalities Excluded from the License Requirement
The following modalities are exempted from the statute and do not require a massage therapy license:
The practice of any person in this state who uses touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement while engaged within the scope of practice of a profession with established standards and ethics, provided that the services are not designated or implied to be massage or massage therapy. Practices shall include but are not limited to the Feldenkrais Method of somatic education, Rolf Movement Integration by the Rolf Institute, the Trager Approach of movement education, and Body-Mind Centering. Practitioners shall be recognized by or meet the established standards of either a professional organization or credentialing agency that represents or certifies the respective practice based on a minimal level of training, demonstration of competency, and adherence to ethical standards.
Next Steps
Governor Fallin will need to appoint members to the Advisory Board on Massage Therapy, which will then assist the Cosmetology Board in drafting and issuing the regulations that will implement the new law. ABMP encourages members looking for a meaningful volunteer experience within the massage profession to consider applying for a position on the Advisory Board. ABMP will provide more information regarding how to apply for a position on the Advisory Board in the upcoming weeks.
We will keep you apprised of important developments as the regulations are drafted and law is implemented. If you have questions, please contact ABMP Government Relations Coordinator Nancy Potter at nancy@abmp.com.