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Mississippi Proposes New Massage Therapy Rules

07/27/2021

House Bill No. 1263 passed this legislative session, and the included provisions require an amendment to the Mississippi State Board of Massage Therapy Rules and Regulations. Proposed rules were released July 12, 2021, and ABMP has summarized the changes below.

You can submit commentary to the Mississippi State Board of Massage Therapy (Board) showing your support or opposition to the proposed rules. ABMP has a sample advocacy letter that you may use to help write your letter. Written comments must be sent to director@msbmt.state.ms.us no later than August 11, 2021.

Definitions
The proposed rules add ProTrainings, LLC, ProFirstAid, Advanced Blended or Classroom, and Pacific Medical Training as approved CPR/first aid providers.

Fees

  • The proposed rules change the fee schedule accordingly:
  • Mississippi Professional Examination fee: $125 (currently $150)
  • Instructor 1-Year Initial or Renewal License fee: (eliminated)
  • Continuing Education Provider Biennial fee: $25 (currently $100)
  • Continuing Education Program Biennial Application fee: $10 (currently $50)
  • Out-of-State Individual CEU Approval fee: $50 (new)
  • Temporary Practice Permit fee: $30 (currently $10)
  • Fee for Petition of Pre-Licensure Determination: $25 (new)
  • Establishment Registration Annual fee: $50 (new)

Fines and Penalties
The proposed rules clarify that working or advertising with an expired temporary practice permit will result in a $100 fine per occurrence for an offender’s first violation and up to $500 per occurrence for each violation thereafter.

This section also explains that massage therapy establishments must register their business and update any required information with the Board every year.

Directory or Labels of Current Licensed Massage Therapists

  • The proposed rules update the function and representation of the directory.
  • Licensees who pay the renewal fee on time will be labeled in the directory as “active.”
  • Licensees who do not pay the renewal fee on time will be labeled in the directory as “expired.”
  • Those who have an expired, inactive, retired, suspended, or revoked license will be labeled in the directory as such.
  • All current licensees will be listed in alphabetical order by county of residence.
  • All current licensees who live outside of Mississippi will be listed in alphabetical order by their states of residence.

General Requirements
The proposed rules add a completely new provision that would allow applicants to apply for a “pre-licensure determination.” This request would allow a person with a criminal background an initial determination to see if their criminal history may disqualify them from licensure. The request must be in writing on a form supplied by the Board and signed by a notary. To view the pre-licensure determination process, see page 25 of the linked document.

Educational Requirements
The proposed rules implement a decrease in massage therapy instruction training hours from 600 to 500 and a decrease in student clinic hours from 100 to 50 that was instituted in Senate Bill 2751.

Renewal
Proof of CPR and first aid certification is required with each renewal. The proposed rules will allow licensees to earn three hours of CEU credit upon completion of the certifications.

Individuals who let their license lapse (by failing to pay the renewal fee for three years) must submit to the Board the CEU requirements they would have completed had their license been active—the new rules cap this requirement at a maximum of 60 hours.

Directory of Licensed Massage Therapists and/or Massage Establishments
The new rules require a directory of massage therapy establishments to be maintained and to contain the following information: business location, owner contact information, local business permit information, names of licensees, and any other information as required by the Board. It would also require massage therapists to provide this information.

Continuing Education Requirements
The proposed rules clarify that it is the responsibility of the licensee to submit CEU certificates through the CEU provider reporting system.

Requirements for Board Approval of Continuing Education Providers and Programs
The proposed rules remove the provision that providers must complete the CEU reporting form within five days for individuals who received a certificate or letter of attendance for the program.

These rules would approve Mississippi CEU credits for business, marketing, or self-care programs at the discretion of the Board. These subject areas are currently not approved.

For a provider to renew a continuing education program, they must renew online on or before December 31 of the expiration year. The renewal date is currently December 15.

State