CHAPTER 384a
MASSAGE THERAPISTS

Table of Contents

Sec. 20-196. Connecticut Board of Veterinary Medicine.
Sec. 20-196a. Fiscal and clerical assistance provided by Commissioner of Agriculture.
Sec. 20-196b. Board powers and duties.
Sec. 20-196c. Transfer of board personnel from Department of Consumer Protection to Department of Health Services.
Sec. 20-197. License required. Practice defined.
Sec. 20-198. Qualifications for examination. Approved schools. Denial of eligibility for licensure.
Sec. 20-199. Examination. Fee.
Sec. 20-200. Issuance of license to persons licensed to practice in another state or territory.
Sec. 20-201. Renewal of license.
Sec. 20-202. Disciplinary action; grounds.
Sec. 20-203. Appeal.
Sec. 20-204. Charges against veterinarian.
Sec. 20-204a. Allegations of wrongdoing, investigation by department.
Sec. 20-205. When provisions not applicable.
Sec. 20-205a. Disposition of abandoned animals.
Sec. 20-206. Penalty.


Sec. 20-206a. Definitions. As used in subsection (c) of section 19a-14 and sections 20-206a to 20-206c, inclusive:
(a) "Commissioner" means the Commissioner of Public Health.
(b) "Department" means the Department of Public Health.
(c) "Connecticut licensed massage therapist" means a person who has been licensed to practice massage therapy under the provisions of sections 20-206a to 20-206c, inclusive.
(d) "Massage therapy" means the systematic and scientific manipulation and treatment of the soft tissues of the body, by use of pressure, friction, stroking, percussion, kneading, vibration by manual or mechanical means, range of motion and nonspecific stretching. Massage therapy may include the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat, or cabinet baths, for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical and mental condition. Massage therapy does not encompass diagnosis, the prescribing of drugs or medicines, spinal or other joint manipulations, nor any service or procedure for which a license to practice medicine, chiropractic, natureopathy, physical therapy, or podiatry is required by law.
(P.A. 88-362, S. 6; P.A. 92-202, S. 1, 5; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 92-202 amended Subsec. (c) to substitute "licensed" for "certified", effective June 1, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

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Sec. 20-206b. Practice restricted to licensed persons. Qualifications. Application and renewal. Fees. Exceptions. Medical referral required. Title protection. (a) No person shall engage in the practice of massage therapy unless the person has obtained a license from the department pursuant to this section. Each person seeking licensure as a massage therapist shall make application on forms prescribed by the department, pay an application fee of three hundred dollars and present to the department satisfactory evidence that the applicant: (1) Has graduated from a school of massage therapy offering a course of study of not less than five hundred classroom hours, with the instructor present, and, at the time of the applicant's graduation, was either (A) accredited by an agency recognized by the United States Department of Education or by a state board of postsecondary technical trade and business schools, or (B) accredited by the Commission on Massage Therapy Accreditation, and (2) has passed the National Certification Examination for Therapeutic Massage and Bodywork. Passing scores on the examination shall be prescribed by the department.
(b) Licenses shall be renewed annually in accordance with the provisions of section 19a-88. The fee for renewal shall be one hundred dollars. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or jurisdiction. Any certificate granted by the department prior to June 1, 1993, shall be deemed a valid license permitting continuance of profession subject to the provisions of this chapter.
(c) Notwithstanding the provisions of subsection (a) of this section, the department may issue a license to an applicant whose school of massage therapy does not satisfy the requirement of subparagraph (A) or (B) of subdivision (1) of said subsection, provided the school held, at the time of the applicant's graduation, a certificate issued by the Commissioner of Education pursuant to section 10-7b and provided the applicant graduated within thirty-three months of the date said school first offered the curriculum completed by the applicant. No license shall be issued under this subsection to a graduate of a school that fails to apply for and obtain accreditation by (1) an accrediting agency recognized by the United States Department of Education or (2) the Commission on Massage Therapy Accreditation within thirty-three months of the date said school first offered the curriculum.
(d) Each person licensed pursuant to this section has an affirmative duty to make a written referral to a licensed healing arts practitioner, as defined in section 20-1, of any client who has any physical or medical condition that would constitute a contraindication for massage therapy or that may require evaluation or treatment beyond the scope of massage therapy.
(e) No person shall use the title "Connecticut licensed massage therapist" unless the person holds a license issued in accordance with this section.
(f) Notwithstanding the provisions of subsection (a) of this section, the commissioner may issue a license to an applicant who submits evidence satisfactory to the commissioner of (1) a current license to practice therapeutic massage from another state or jurisdiction, (2) documentation of practice for at least one year immediately preceding application, and (3) successful completion of the National Certification Examination for Therapeutic Massage and Bodywork.
(P.A. 88-362, S. 7; P.A. 92-202, S. 2, 5; P.A. 93-296, S. 2, 10; P.A. 94-210, S. 24, 30; May 25 Sp. Sess. P.A. 94-1, S. 121, 130; P.A. 95-328, S. 1, 4; P.A. 97-213, S. 11, 13; P.A. 98-166, S. 8, 9; P.A. 99-126, S. 1.)
History: P.A. 92-202 amended Subsec. (a) to add provisions that no person may practice after October 1, 1993, without a license, to raise the fee to three hundred dollars, to add a renewal fee of one hundred dollars and to make provisions for those currently practicing under certificates and amended Subsecs. (b) and (c) to replace "certified" with "licensed", effective June 1, 1993; P.A. 93-296 amended Subsec. (a) to extend date from October 1, 1993, to February 1, 1994, and to add Commission on Massage Training Accreditation/Approval, inserted new Subsec. (b) re exceptions to Subsec. (a) requirements and relettered former Subsecs. (b) and (c) accordingly, effective June 29, 1993; P.A. 94-210 amended Subsec. (a) to change February 1, 1994, to June 30, 1994, effective June 9, 1994; May 25 Sp. Sess. 94-1 amended Subsec. (a) to add February 1, 1994 as end date for meeting Subdiv. (1) or (2) requirements, effective July 1, 1994; P.A. 95-328 expanded acceptable accrediting agencies in Subsec. (a) to include those recognized by a state and added as an alternative examination one approved by the American Massage Therapy Association prior to July 1, 1995, effective July 13, 1995; P.A. 97-213 amended Subsec. (a)(1) to substitute "graduated from a school of massage therapy offering" for "successfully completed", required that, for purposes of Subparas. (A) and (B), school be accredited at the time of the applicant's graduation, rewrote provisions and made technical changes, amended Subsec. (a)(2) to delete exception for certain applicants prior to June 30, 1994, and added new Subsec. (e) to allow commissioner to issue license to certain applicants who apply not later than October 1, 1997, effective June 26, 1997; P.A. 98-166 amended Subsec. (e) by deleting reference to licensure based on a foreign degree prior to October 1, 1997, added new Subdiv. (1) re Connecticut license based on foreign license, certification or training, renumbered former Subdiv. (1) as Subdiv. (2) allowing Connecticut licensure based on foreign license, certification or training provided application is prior to October 1, 1998, effective June 4, 1998; P.A. 99-126 amended Subsec. (a)(1)(A) by replacing "and approved by the American Massage Therapy Association" with "or by a state board of postsecondary technical trade and business schools" amended Subsec. (a)(1)(B) by replacing "Training Accreditation/Approval" with "Therapy Accreditation", amended Subsec. (a)(2) by replacing "an examination prescribed by the department or has passed a national certification examination approved by the American Massage Therapy Association prior to July 1, 1995" with "the National Certification Examination for Therapeutic Massage and Bodywork", divided Subsec. (a) into Subsecs. (a) and (b) and relettered the remaining Subsecs., amended Subsec. (b) by changing "state or territory" to "state or jurisdiction", amended Subsec. (c) by dividing qualifications into Subdivs. (1) and (2), deleting "and either accreditation or approval by" in Subdiv. (1) and replacing "Training Accreditation/Approval" with "Therapy Accreditation" in Subdiv. (2), amended Subsec. (f)(1) by replacing "a license, certification or training with focus on" with "a current license to practice", deleted former Subsec. (f)(2) that allowed licensure based on foreign license, certification or training, deleted former Subsec. (f)(3) that allowed licensure based on licensure as a nurse with certification as a neuromuscular therapist or by the National Certification Board for Massage and Body Work, added new Subsec. (F)(2) re documentation of practice for at least one year immediately preceding application, added new Subsec. (f)(3) re successful completion of the National Certification Examination for Therapeutic Massage and Bodywork and made technical changes.

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Sec. 20-206c. Disciplinary action. Grounds. The department may take any action set forth in section 19a-17 if a person issued a license pursuant to section 20-206b fails to conform to the accepted standards of the massage therapy profession, including, but not limited to, the following: Conviction of a felony; fraud or deceit in the practice of massage therapy; negligent, incompetent or wrongful conduct in professional activities; emotional disorder or mental illness; physical illness including, but not limited to, deterioration through the aging process; abuse or excessive use of drugs, including alcohol, narcotics or chemicals; wilful falsification of entries into any client record pertaining to massage therapy; failure to make a written referral, as required in section 20-206b; violation of any provisions of sections 20-206a to 20-206c, inclusive. The commissioner may order a license holder to submit to a reasonable physical or mental examination if the license holder's physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17. Notice of any contemplated action under said section, the cause of the action and the date of a hearing on the action shall be given and an opportunity for hearing afforded in accordance with the provisions of chapter 54.
(P.A. 88-230, S. 1, 12; 88-362, S. 8; P.A. 90-98, S. 1, 2; P.A. 92-202, S. 3, 5; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6; P.A. 99-126, S. 2.)
History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 92-202 replaced "certificate" with "license", effective June 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-126 deleted reference to Subsec. (b) of Sec. 20-206b and replaced "his" with "the license holder's".

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Sec. 20-206d. Exempt activities. (a) No provision of this chapter shall be construed to prohibit a student of massage therapy enrolled in a school of massage therapy which satisfies the requirements of section 20-206b from performing work as a required component of his course of study at such school, provided the student shall not hold himself out as licensed as a massage therapist and shall not receive compensation for such work.
(b) No provision of this chapter shall be construed to prohibit an instructor of massage therapy from demonstrating massage therapy techniques as a component of a course of instruction in a course, seminar or workshop, provided (1) the instruction is under the direct supervision of a licensed massage therapist; (2) the instructor is not a resident of this state; (3) the instructor does not represent himself as a Connecticut licensed massage therapist; (4) the instructor is licensed or certified as a massage therapist in his home state, territory or country, if such licensure or certification is required; (5) the instructor does not receive compensation for massage therapy services, other than compensation as an instructor; and (6) the demonstrated massage therapy services are available only to persons enrolled in the course, seminar or workshop.
(P.A. 93-296, S. 3, 10; P.A. 95-328, S. 2, 4.)
History: P.A. 93-296 effective June 29, 1993; P.A. 95-328 added Subsec. (b) re exemption for out-of-state instructors.

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Sec. 20-206e. Temporary permit. The department may, upon receipt of an application for massage therapist licensure, accompanied by the licensure application fee of three hundred dollars, issue a temporary permit to a person who has met the requirements of subsection (a) of section 20-206b, except that the applicant has not yet sat for or received the results of the examination required under said subsection (a). Such temporary permit shall authorize the permittee to practice as a massage therapist under the supervision of a person licensed pursuant to section 20-206b. Such practice shall be limited to those settings where the licensed supervisor is physically present on the premises and is immediately available to render assistance and supervision, as needed, to the permittee. Such temporary permit shall be valid from the date of issuance until the date of the results of the first licensure examination scheduled following the permittee's completion of the required course of study in massage therapy. Such permit shall become void and shall not be reissued in the event that the permittee fails to pass such examination. No permit shall be issued to any person who has previously failed the examination for licensure prescribed pursuant to section 20-206b or who is the subject of an unresolved complaint or pending professional disciplinary action. Violation of the restrictions on practice set forth in this section may constitute a basis for denial of licensure as a massage therapist.
(P.A. 94-210, S. 11, 30; P.A. 99-126, S. 3.)
History: P.A. 94-210 effective June 9, 1994; P.A. 99-126 deleted provision re completion of a course of study satisfying requirements of Sec. 20-206b(a)(1) or (b), added provision allowing temporary license to a person who has met the requirements of Sec. 20-206b(a) but has not yet sat for or received the result of the required examination and made technical changes.

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Secs. 20-206f to 20-206l. Reserved for future use.


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