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News & Press: State Legislation

Board of Massage Therapists - 09/2018 Board Meeting - Massage Establishment Licensing

Tuesday, September 11, 2018   (1 Comments)
Posted by: Sheri Ryan
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I attended the Board of Massage Therapists board meeting today - 09/11/2018 at the Robert Atwood Building.  On the agenda for today at 9:10 am was the regulation project and discussion for licensing massage establishments that was enacted through HB110 signed 5/15/2018 by the Governor.  

 

Sec. 08.61.020. Duties and powers of board. In addition to the duties specified in AS 08.01, the board shall
     (1) provide for the examination of applicants by the board or through a nationally recognized competency examination approved by the board and issue licenses to applicants the board finds qualified;
     (2) adopt regulations governing
          (A) licensing of massage therapists; [AND]
          (B) the practice of massage therapy; and
          (C) massage therapy establishments;

Here's a link to the BOMT Board public packet for their meeting 9/10 + 9/11/18.   https://www.commerce.alaska.gov/web/Portals/5/pub/MAS_BoardPacket_2018.09.pdf  Page 312 is where their draft regulations should be, but are not in the online public packet.  I took pictures of the draft regulations regarding licensing massage establishments and they are posted below.
 
Exemptions.  
  1. Hospitals, residential facilities, and assisted living facilities licensed the the state of Alaska.
  2. Public and private secondary schools or accredited colleges and universities who are approved by the Board and when massage is performed as an educational requirement.
  3. Sports venues at which massage may be conducted on the members of profession sports franchises by athletic trainers employed by professional sports or collegiate sports franchises.
  4. The business locations in which barbers and cosmetologists currently licensed by the State of Alaska, practice massage limited to the neck, face, scalp, hair, hands, or feet when such massage is conducted in conjunction with a cosmetic services such as a haircut or styling, shave, manicure, or pedicure.
  5. A massage therapist licensed in the State of Alaska who owns and operates a massage business with or without employees. 

At this time, there is no provision to exempt business locations owned by licensed medical providers.   PLEASE KEEP IN MIND - this is a WORK in progress - a regulations project.  What is listed above is only the first step.  Once finalized by the BOMT, the regulations will have to go out for public comment.  ACS will continue to monitor the situation and give public testimony during the Public Comment period for the regulations for HB110.  Our position will be that licensing of massage establishments should not apply to business locations owned/operated by Doctors of Chiropractic. ACS will keep our membership updated when the regulations come out for public comment and may ask for assistance in providing both written and in-person testimony should the final regulations not include an exemption for business locations owned/operated by licensed chiropractors.   
 
Below is the email I sent today to Dawn Dulebohn, the Licensing Examiner for the Board of Massage Therapists.  ACS is now on the record as opposed to the BOMT attempting to include business locations owned/operated by chiropractors.  I cited the Municipality of Anchorage's ordinance that was drafted in late 2015 as an example.  
 

Sheri Ryan  |  Chief Operating Officer

Alaska Chiropractic Society | 550 E. Tudor Rd., Suite 202 |  Anchorage, AK 99503

Direct/Mobile: (907) 903-1350 | Fax: (907) 770-3790

sryan@akchiro.org | Facebook  |  Twitter  | Website

 
 
 
 
--------- Original Message ---------
Subject: BOMT Massage Establishments Regulations Project
From: sryan@akchiro.org
Date: 9/11/18 11:21 am
To: dawn.dulebohn@alaska.gov

Good Morning Dawn, 
 
Thank you for welcoming me so warmly at the board meeting of the Board of Massage Therapists.  Always informative to watch the process!   I apologize for missing yesterday's Public Comment period.  I did not feel it was appropriate to give Public Comment on an item that had not yet been discussed at the BOMT board meeting.  Thank you for your explanation of the process and I will definitely watch for the proposed regulations to come out for Public Comment once finalized by the Board and reviewed by Legal.  
 
The regulation project that the BOMT is currently working on for licensing of massage establishments is very similar to what the Municipality of Anchorage did in September of 2015.  
Here's a  link to the DRAFT AO NO. 2015– .  Pages 19-36 pertain to the Muni's ordinance draft language for massage establishment licensing.  
 
 
In my opinion, the current regulation draft in the public packet from today's BOMT is missing a key exemption.  It does not exempt business locations that are owned by licensed medical providers.  I have included sample language from the Municipality of Anchorage draft above.  Please see Page 25 of the above Muni Packet - 10.41.025 - Exemptions - Item #5.  I'm sorry, but I do not know if the Muni ordinance was finalized or not.  Once I saw that offices owned by licensed Doctors of Chiropractic were exempted, I no longer tracked on the draft.  
 
10.41.025 – Exemptions.  #5 The business locations of persons currently certified or licensed in or by the state of Alaska in medicine, surgery, osteopathy, physical therapy, chiropractic, podiatry, nursing, or kinesiology;
 
Thank you very much for your time.  I appreciate all you do!
 
Best regards, 
 

Sheri Ryan  |  Chief Operating Officer

Alaska Chiropractic Society | 550 E. Tudor Rd., Suite 202 |  Anchorage, AK 99503

Direct/Mobile: (907) 903-1350 | Fax: (907) 770-3790

sryan@akchiro.org | Facebook  |  Twitter  | Website

Comments...

Shawn D. Lovdahl says...
Posted Friday, September 28, 2018
OK

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