ARC 3541C

ARC 3541C

PROFESSIONAL LICENSURE DIVISION[645]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 152C.3, the Board of Massage Therapy hereby gives Notice of Intended Action to amend Chapter 131, "Licensure of Massage Therapists," and Chapter 132, "Massage Therapy Education Curriculum," Iowa Administrative Code.

Item 1 removes terms that are not used in Chapter 131. Items 2 to 4 contain nonsubstantive updates. Item 5 removes the option for applicants to provide verification of national examination scores. This amendment will help protect against fraud in the licensure process. Removal of this option is not expected to cause any delays in the licensure process as score transfers directly from the examination service typically occur within one or two days. Items 6 and 12 update subrules that mirrored language from a rule that is generally used for professions that have a fixed expiration date for all licensees. Massage therapist licensees receive licenses with an expiration date calculated on the anniversary date of license issuance. Item 7 adds to rule 645—131.2(152C) language from rule 645—131.6(152C) to require license verifications for applicants who have held licensure in another state. Item 8 updates the education requirements to require completion of a 600-hour program and sets minimum core requirements. The current 500-hour requirement is not in line with Iowa Code section 152C.3(1)"a," which sets a 600-hour standard for massage therapy education. This amendment is not expected to impact Iowa massage therapy schools as all Iowa schools that have submitted a curriculum for approval with the Board currently meet or exceed the 600-hour program requirement. Item 9 clarifies the responsibility for getting national examination scores submitted to the Board. Item 10 replaces a reference to a Board-approved school with a reference to the new educational standards found in subrule 131.3(1). Item 11 rescinds rule 645—131.6(152C). With the changes proposed in Item 7, this rule would be duplicative. Item 13 clarifies that mandatory reporter training is for those licensees who treat dependent adults, not any adult. Item 14 removes outdated language. Item 15 amends the curriculum approval requirements to mirror the hours and category requirements proposed in Item 8.

Any interested person may make written comments on the proposed amendments no later than January 23, 2018, addressed to Tony Alden, Professional Licensure Division, Department of Public Health, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075; email tony.alden@idph.iowa.gov.

A public hearing will be held on January 23, 2018, from 9 to 10 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa, at which time persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

There is no known fiscal impact to the state.

A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18.

After analysis and review of this rule making, no impact on jobs is expected.

These amendments are intended to implement Iowa Code section 152C.3.

The following amendments are proposed.

Item 1. Amend rule 645—131.1(152C), definitions of "Licensure by endorsement" and "Reciprocal license," as follows:

"Licensure by endorsement" means the issuance of an Iowa license to practice massage therapy to an applicant who is or has been licensed in another state.

"Reciprocal license" means the issuance of an Iowa license to practice massage therapy to an applicant who is currently licensed in another state that has a mutual agreement with the Iowa board of massage therapy to license persons who have the same or similar qualifications to those required in Iowa.

Item 2. Amend subrule 131.2(1) as follows:

131.2(1) The applicant shall complete a board-approved application packet. Application forms may be obtained from the board's Web site website ( http://www.idph.state.ia.us/licensure) or directly from the board office , or applications may be submitted electronically at ibplicense.iowa.gov. All Paper applications shall be sent to Board of Massage Therapy, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075.

Item 3. Amend subrule 131.2(3) as follows:

131.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Massage Therapy. The fees are nonrefundable.

Item 4. Amend subrule 131.2(4) as follows:

131.2(4) The applicant shall have official copies of academic transcripts sent directly from the board-approved school to the board of massage therapy. If a school has closed and is no longer operational, the board will accept an official transcript provided by the student.

Item 5. Amend subrule 131.2(6) as follows:

131.2(6) The applicant shall provide proof of passing any National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) examination or the Massage and Bodywork Licensing Examination (MBLEx). Proof of passing shall be sent directly from the testing service to the board of massage therapy. The applicant may submit a copy of the official notification from the testing service of the applicant's passing a board-approved examination. The copy of the applicant's official notification may be used by the board as proof of passage of a board-approved examination until the official proof of passage is received directly from the testing service. Submission of the applicant's copy of the official notification from the testing service shall not be allowed in lieu of the applicant's arranging for and the board's receiving the official record of proof of passage sent directly from the testing service. The examination score must be received from the testing service within 60 days of issuance of the license. The passing score on the written examination shall be the passing point criterion established by the national testing authority at the time the test was administered.

Item 6. Amend subrule 131.2(7) as follows:

131.2(7) Licensees who were issued their licenses within six months prior to the renewal shall not be required to renew their licenses until the renewal month two years later. Licenses shall expire on the fifteenth day of the anniversary month two years later.

Item 7. Amend subrule 131.2(9) as follows:

131.2(9) The applicant shall provide verification of license(s) from every state in which the applicant has been licensed as a massage therapist, sent directly from the state(s) to the board office. Web-based verification may be substituted for verification sent directly from the jurisdiction's board office if the verification provides:

a. Licensee's name;

b. Date of initial licensure;

c. Current licensure status; and

d. Any disciplinary action taken against the license.

Item 8. Amend subrule 131.3(1) as follows:

131.3(1) The applicant shall have graduated from a board-approved school that has completed a minimum of 500 600 hours of massage therapy education. An applicant shall have completed at a minimum, the following content:

a. Fundamentals of massage therapy – 250 hours.

b. Clinical application of massage and bodywork therapies – 75 hours.

c. Anatomy, physiology, and kinesiology – 125 hours.

d. Pathology – 40 hours.

e. Ethics, business management, record keeping, health care referral, and documentation – 10 hours.

f. Massage therapy-related electives – 100 hours.

Item 9. Amend subrules 131.4(1) and 131.4(2) as follows:

131.4(1) The applicant shall apply to the National Certification Board for Therapeutic Massage and Bodywork is responsible for contacting the examination service to arrange for a score transfer or to arrange for examination administration.

131.4(2) Results of the examination are mailed sent directly from the examination service to the board of massage therapy after the applicant takes the examination.

Item 10. Amend subrule 131.5(3) as follows:

131.5(3) The applicant shall be issued a permanent license upon receipt of a transcript of completion from a board-approved school verifying completion of education meeting the requirements of subrule 131.3(1) sent directly from the school, and proof of passing any board-approved examination sent directly from the testing service to the board office.

Item 11. Rescind and reserve rule 645—131.6(152C).

Item 12. Amend subrule 131.8(2) as follows:

131.8(2) An individual who was issued a license within six months of the license renewal date will not be required to renew the license until the subsequent renewal date two years later. Those persons licensed for the first time shall not be required to complete continuing education as a prerequisite for the first renewal of their licenses.

Item 13. Amend paragraphs 131.8(4)"b" and "c" as follows:

b. A licensee who, in the course of employment, examines, attends, counsels or treats dependent adults in Iowa shall indicate on the renewal application completion of two hours of training in dependent adult abuse identification and reporting in the previous five years or condition(s) for waiver of this requirement as identified in paragraph "e."

c. A licensee who, in the scope of professional practice or in the course of employment, examines, attends, counsels or treats both dependent adults and children in Iowa shall indicate on the renewal application completion of training in abuse identification and reporting for dependent adults and children in the previous five years or condition(s) for waiver of this requirement as identified in paragraph "e."

Training may be completed through separate courses as identified in paragraphs "a" and "b" or in one combined two-hour course that includes curricula for identifying and reporting child abuse and dependent adult abuse. The course shall be a curriculum approved by the Iowa department of public health abuse education review panel.

Item 14. Amend rule 645—132.2(152C) as follows:

645—132.2(152C) Application for approval of massage therapy education curriculum.

132.2(1) From October 31, 2007, through June 30, 2008, both in-state and out-of-state massage therapy schools may apply for curriculum approval. Beginning July 1, 2008, only in-state massage therapy schools may request curriculum approval or reapproval. Massage therapy schools seeking curriculum approval shall submit the application and fees in accordance with the requirements of subrule 132.2(3).The Massage therapy school curriculum approval shall be valid for up to two years with reapplication for approval due June 30 of each even-numbered year. The biennial renewal cycle shall begin July 1 of an even-numbered year and end June 30 two years later. Schools that receive curriculum approval within six months prior to the start of the next biennial renewal cycle shall not need to reapply for curriculum approval until the following even-numbered year.

132.2(2) The board-approved application form and Curriculum Criteria and Documentation form for schools providing a massage therapy curriculum shall be obtained from the board's Web site website, www.idph.state.ia.us/licensure, or directly from the board office.

132.2(3) Applications and fees shall be submitted to the Board of Massage Therapy, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. The application for curriculum approval shall include all of the following:

a. A completed board-approved application form;

b. The curriculum approval application fee as specified in 645—Chapter 135; 5.

c. A completed Curriculum Criteria and Documentation form;

d. The current school catalog, including name of the program(s), a description of the curriculum delivery system, course descriptions, and program accreditation or approval by other professional entities; and

e. A sample diploma and a sample transcript that identify the name of the graduate, name of the program, graduation date, and the degree, diploma or certificate awarded.

132.2(4) Beginning June 30, 2008, the The board shall conduct curriculum reviews only for in-state massage therapy schools. Out-of-state school curriculum shall be reviewed on a case-by-case basis upon receipt of the curriculum as a part of an individual's application for licensure to practice massage therapy in the state of Iowa.

132.2(5) No change.

132.2(6) Schools that apply for curriculum approval shall, at a minimum, provide a curriculum that meets the requirements of this chapter, offer a course of study of at least 500 600 clock hours or the equivalent in academic credit hours, and require for entrance into the massage therapy school graduation from high school or its equivalent.

Item 15. Amend rule 645—132.3(152C) as follows:

645—132.3(152C) Curriculum requirements. An approved curriculum shall include but not be limited to the following content areas:

1. a.Fundamentals of massage therapy – 250 hours.

2. b.Clinical application of massage and bodywork therapies – 75 hours.

3. c.Client communication theory and practice. Anatomy, physiology, and kinesiology – 125 hours.

4. d.Health care referral theory and practice. Pathology – 40 hours.

5. e.Anatomy and physiology. Ethics, business management, record keeping, health care referral, and documentation – 10 hours.

6.Kinesiology.

7.Pathology and skills in infection control, injury prevention and sanitation.

8.Iowa law and ethics.

9.Business management, including legal and financial aspects, documentation and record maintenance.

10.Wellness and healthy lifestyle theory and practice in such areas as hydrotherapy, hot and cold applications, spa techniques, nutrition, herbal studies, wellness models, somatic movement and energy work.

132.3(2) The remaining 100 hours of the required 600 hours of massage therapy may be massage therapy-related electives at the discretion of the educational program.

132.3(3) Applicants from schools that have had their certification revoked by a state agency or a national massage organization will need additional review by the board.