To amend chapter 407, RSMo, by adding thereto fourteen new sections relating to massage businesses, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 407, RSMo, is amended by adding thereto fourteen new sections, to be known as sections 407.310, 407.311, 407.312, 407.313, 407.314, 407.315, 407.316, 407.317, 407.318, 407.319, 407.320, 407.321, 407.322 and 407.323, to read as follows:

     407.310. As used in sections 407.310 to 407.323, the following terms shall mean:

     (1) "Department", the department of health;

     (2) "Director", the director of the department of health;

     (3) "Massage business", any place of business in which only massage therapy is practiced by two or more massage therapists;

     (4) "Massage therapy", a health care profession which involves the treatment of the body's tonus system through the scientific or skillful manipulation of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law;

     (5) "Massage therapy instructor", an individual who is licensed as a massage therapist, possesses teaching credentials satisfactory to the department and who meets criteria established by the department pursuant to rule;

     (6) "Person", an individual, corporation, association or other legal entity.

     407.311. 1. The department may adopt reasonable rules and regulations necessary to carry out the provisions of sections 407.310 to 407.323. Such rules and regulations may include, but need not be limited to, the following areas:

     (1) The form and content of license applications and the procedures for filing an application for an initial or renewal license in this state;

     (2) The content, conduct and administration of the licensing examination required by section 407.319;

     (3) Educational requirements for licensure;

     (4) The standards and methods to be used in assessing competency as a massage therapist; and

     (5) Establishment of procedures for granting reciprocity with other states, including states which do not have massage therapy licensing laws or states whose licensing laws are not substantially the same as those of this state.

     2. No rule or portion of a rule promulgated under the authority of sections 407.310 to 407.323 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     3. All funds received by the department under the provisions of sections 407.310 to 407.323 shall be deposited in the state treasury pursuant to section 33.080, RSMo.

     407.312. 1. A person desiring to receive a license to operate a massage business in the state of Missouri shall file a written application with the department of health on a form prescribed by the director of the department.

     2. The application shall be accompanied by a one hundred dollar license fee.

     407.313. 1. The department shall review the applications and shall issue a license to applicants who have complied with the requirements of sections 407.310 to 407.323 and have received approval of the department after a survey inspection.

     2. A license shall be renewed annually upon approval of the department when the following conditions have been met:

     (1) The application is accompanied by a fifty dollar renewal fee;

     (2) The massage business is in compliance with the requirements established under the provisions of sections 407.310 to 407.323 as evidenced by a survey inspection by the department within ninety days prior to renewal;

     (3) The application is accompanied by a statement of any changes in the information previously filed with the department under section 407.312.

     3. Each license shall be issued only for the massage business listed in the application. Licenses shall be posted in a conspicuous place on the premises of the licensed massage business.

     407.314. A license shall not be transferable or assignable. When a massage business is sold or ownership or management is transferred, or the corporate legal organization status is substantially changed, the license of the massage business shall be voided and a new license obtained. Application for a new license shall be made to the department in writing, at least ninety days prior to the effective date of the sale, transfer, or change in corporate status. The application for a new license shall be on the same form, containing the same information required for an original license, and shall be accompanied by a license fee of one hundred dollars. The department may issue a temporary operating permit to continue the operation of the massage business for a period of up to ninety days pending the survey inspection and the final disposition of the application.

     407.315. In addition to the survey inspection required for licensing or license renewal, the department may make other survey inspections during normal business hours. Each massage business shall allow the department or its authorized representatives to enter upon its premises during normal business hours for the purpose of conducting any survey inspection.

     407.316. After completion of each department survey inspection, a written report of the findings with respect to the massage business' compliance or noncompliance with the provisions of sections 407.310 to 407.323 and the standards established hereunder as well as a list of deficiencies found shall be prepared. A copy of the report and the list of deficiencies found shall be sent to the massage business within fifteen business days following the survey inspection. The list of deficiencies shall specifically state the statute or rule which the massage business is alleged to have violated. If the massage business acknowledges the deficiencies found by the survey inspection, the massage business shall inform the department of the time necessary for compliance and shall file a plan of correction with the department. If the massage business does not acknowledge the deficiencies, it may request a second survey by the department. If, after such survey, the massage business does not agree with the findings of the department, it may seek a review of the findings of the department by the administrative hearing commission.

     407.317. 1. Any person wishing to make a complaint against a massage business or massage therapist licensed under the provisions of sections 407.310 to 407.323 may file the complaint in writing with the department setting forth facts supporting the complaint. If the department determines the charges are sufficient to warrant a hearing to determine whether the license of the massage business or massage therapist should be suspended or revoked, the department shall fix a time and place for a hearing and require the massage business or massage therapist to appear and defend against the complaint. A copy of the complaint shall be given to the massage business or massage therapist at the time such business or therapist is notified of the hearing. The notice of the hearing shall be given at least twenty days prior to the date of the hearing. The hearing shall be conducted by the administrative hearing commission in accordance with the provisions of chapter 621, RSMo.

     2. The department may file an action in the circuit court of the county in which any massage business alleged to be violating the provisions of sections 407.310 to 407.323 is located for an injunction to restrain the massage business from continuing such violation.

     407.318. 1. The department shall refuse to issue, shall suspend or shall revoke the license of any massage business or massage therapist for failure to comply with any provision of sections 407.310 to 407.323, or with any rule or regulation of the department adopted under the provisions of sections 407.310 to 407.323, or for obtaining the license by means of fraud, misrepresentation, or concealment of material facts, or for any criminal act committed by an owner or employee of a massage business pursuant to chapter 567, RSMo.

     2. Any massage business which has been denied a license or which has had its license revoked or suspended by the department may seek a review of the department's action by the administrative hearing commission.

     407.319. 1. A person desiring a license to practice massage therapy shall be at least eighteen years of age, a current resident of the state of Missouri, shall pay the application fee of fifty dollars, and shall submit satisfactory evidence to the department of meeting at least one of the following requirements:

     (1) Passing an examination on therapeutic massage and bodywork which is accredited by the National Organization for Competency Assurance (NOCA) and approved by the department and

completing massage therapy studies consisting of at least a five-hundred hour supervised course of instruction. The course of instruction may be provided by a proprietary massage therapy school approved, licensed, or accepted by the state department of higher education. The five-hundred hours shall consist of three-hundred hours dedicated to massage theory and practice techniques, one-hundred hours dedicated to the study of anatomy and physiology, fifty hours dedicated to business practice, professional ethics, hygiene and massage law in the state of Missouri, and fifty hours dedicated to ancillary therapies, including cardiopulmonary resuscitation (CPR) and first aid; or

     (2) Has been licensed or registered as a massage therapist in another state, territory or commonwealth or the District of Columbia, which maintains standards of practice and licensure which substantially conform to the requirements in force in this state.

     2. A person who has been in the practice of massage therapy prior to August 28, 1997, and who has not met the licensure requirements of sections 407.310 to 407.323, may request a waiver of the requirements of subsection 1 of this section and apply for a temporary one-year license which shall be renewable for at least three but not more than six years. By the end of the sixth year, all therapists will be required to meet the licensure qualifications as provided in subsection 1 of this section. Such person will have until December 31, 1999, to apply for a license under this subsection. The department may require an applicant to submit proof such as tax records and local business license records to substantiate such request.

     3. Each license issued pursuant to the provisions of this section shall expire on its renewal date. The department shall renew any license upon application for renewal and upon payment of the fee established by the department pursuant to the provisions of sections 407.310 to 407.323.

     4. An applicant who possesses the qualifications specified in subsection 2 of this section to take the examination approved by the department may be granted a provisional license to engage in the practice of massage therapy until the date of the next examination, and thereafter until the results of the examination are known. An individual who has been issued a provisional license shall only practice massage therapy under the supervision of a Missouri state licensed massage therapist.

     5. As determined by the department, students making substantial progress toward completion of their training in an approved curriculum shall be granted a student license.

     6. A provisional license may, at the discretion of the department, be renewed once, and a student license may be renewed until the student completes such student's training.

     7. The renewal fee for any license issued under this section shall be twenty-five dollars.

     407.320. 1. Any applicant for a license to operate a massage business or a license to practice massage therapy shall authorize the department to conduct a criminal background check.

     2. The cost of such background check shall be paid by the applicant.

     407.321. A person who does not hold a license to practice massage therapy or a license to operate a massage business shall not use the words "massage", "body work", or any of their synonyms on any sign or in any other form of advertising, unless specifically exempted by the department. Any advertisement by a massage therapist or a massage business shall contain the license or registration number of such therapist or business.

     407.322. 1. Except as provided in subsection 2 of this section, sections 407.310 to 407.323 shall preempt any rule, regulation or order adopted by a political subdivision of the state relating to the licensing or regulation of massage therapists or massage businesses.

     2. Sections 407.310 to 407.323 shall not affect:

     (1) Local regulations relating to zoning requirements, local health department regulations, or occupational license taxes pertaining to massage therapists or massage businesses; or

     (2) Local regulations that do not relate to the practice of massage therapy as performed by a Missouri state licensed massage therapist, including regulations of those professions who perform duties with a licensed massage therapist.

     407.323. Any person who violates any of the provisions of sections 407.310 to 407.323 is guilty of a class A misdemeanor.