Montana Alert

The BLMTB is an advocacy organization for the massage therapy and bodywork profession. Periodically, we report on items of interest to the community. This is our latest report.

 

The State Massage Therapy Board (MTB) is meeting this Monday.
We’ve attached the agenda. You can attend in person or attend via phone. If attending by phone, let them know 3 days before.

 

Among the many items on the agenda is rulemaking. More on that in a moment.

Besides the rules, there are at least two other items that may be of interest:
    • Continuing Education Audits -- Have not begun at this time, projected to begin Late January early February 2013
    • CPT Codes for massage therapists

If you’re interested in either of those topics, you might want to attend to find out more about these issues.

 

 

Rules  Recommendations by the Rules Committee to the Board:
A rules committee met to decide on rules to be proposed to the MTB. Those proposals are on the agenda. The MTB will decide on them (we assume they will also revise them) and put them into the rule making process.

As we’ve said in the past, the time to get involved in the process is now. There will be time to comment later, but if there is not a compelling reason to change their minds, the rules tend to be adopted as is. So, it’s best to give your feedback now while the rules are being formulated. 

 

We did not get a copy of the boardbook, so don’t know exactly how the items will be phrased.
However, since meetings are now recorded, we were able to get the following information off the state website.
Here is a synopsis of the rules that came out of the rules committee and will be discussed at the board meeting.

 

Proposed Rule: Anonymous Complaints

[Note this pertains to complaints against licensees only. Unlicensed practice complaints may be anonymous]
The screening panel shall review anonymous complaints.
A specific basis for the dismissal of anonymous complaints can include
    • Lack of sufficient information including witness lists or other evidence
    • Or if it does not appear that there is a reasonable a basis for applying anonymity

 

Proposed Rule:  Tests Accepted
The Montana Massage Therapy Board will not accept only one test, but will accept the MBLex, NCETMB, NCETM, and NESL. 
[Note: this doesn’t change what is currently in place, but it does add the NESL to the list]

 

A companion Proposed rule is to add the definition of NESL to the definitions section.
NESL means the National Examination for State Licensing provided by the NCBTMB.

 

Proposed Rule: Incorporate new educational guidelines into the licensure by endorsement rule 
Section (e)(i) and (ii)  is replaced with this:
    1. a passing score on either the MBLEx, NCETMB, NESL or the NCETM examination or a state examination deemed by the board to be
equivalent  [Note: this is not changed from previously] and 
    2. proof of completing a program demanding a course of studies that includes each of the following:
        a. 200 hours of in-class and instructor-supervised massage and bodywork assessment, theory, and application instruction [Note: this is not changed from previously]
        b. 150 hours combined of instruction on the body systems (anatomy, physiology, and kinesiology) and pathology [Note: this combines the hours in (1)(b) and (c)]; and
        c. 150 hours combined of business and ethics instruction and instruction in an area or related field that completes the massage program of study [Note: this combines the hours (1)(d) and (e)].

[Note: The end result is that it will make it easier for out of state applicants to qualify for licensure in Montana. Applicants have not been able to use the endorsement method because their hours are not broken down enough, or there was just a few hours difference in how hours were categorized. This will help with that issue.]

 

Proposed Rule: Non-routine applications:
[Note: License applications are usually granted after staff review. However there are cases when the board must review a license because there is some issue with the app (usually when someone checks yes to any of the questions).  The application that goes before the board is called a non-routine application. The board sets rules as to what kinds of applications it wants to see.]

At the meeting, several motions were made. Here’s what we understand the rule to include as non-routine applications:
    • the applicant has a prior felony conviction of any nature or a prior misdemeanor conviction relating to sex or violence. 
    • that the applicant has had two or more drug or alcohol related convictions over the past 3 years 
    • that the person was denied a massage therapy license in another state or jurisdiction 
    • that the applicant's education program does not clearly meet the board requirements.

In reviewing the 9/24/12 boardbook that we received that did include a non-routine bill draft, there were  couple of other provisions that we think will also be included:
    • Any disposition in a criminal case other than acquittal will be deemed a "conviction" for purposes of this rule without regard to the nature of the plea or whether the applicant received a suspended or deferred sentence;
    • that any professional license held by the applicant was disciplined or was voluntarily surrendered in another state or jurisdiction;
    • that the applicant passed a licensing examination other than MBLEx, NCETMB, NESL or NCETM; or
    • any substantive irregularity deemed by department staff to warrant board review and approval prior to issuance of the license.

 

Proposed Rule: Inactive license
(1) A licensee who wishes to retain a license but who will not be practicing massage therapy may place the license on inactive status by submitting a written request on a form prescribed by the department. An individual licensed on inactive status may not practice massage therapy during the period in which the license remains on inactive status.
(2) A licensee on inactive status shall:
    (a)  renew according to renewal dates specified in ARM 24.101.413;
    (b)  pay the annual inactive status fee specified in ARM 24.155.401; and
    (c)  be exempt from CE requirements.
(3) A licensee on inactive status may change to active status by 
    (a) submitting a written request on a form prescribed by the department;
    (b) paying the balance of the renewal fee that would be due for an active license in the then current renewal period; and
    (c) providing proof that either of the following were completed within 12 months of activation:
        (i) six hours of continuing education or
        (ii) any of the exams identified in ARM 24.155.604

 

Proposed Rule: Application Time-out  – 1 year
An application will remain on file for one year from the date of receipt. If the applicant has not met all qualifications and been issued a license within that period, the application terminates and the fee is forfeited. To reapply, an application and appropriate fee must be submitted.
[Note: this keeps applications from hanging out in limbo]

 

Proposed Temporary practice permits rule discussion
Motion: to not include temporary practice permits in the rules.
That a statement be added to the endorsement application that it can take 3 to 6 months to gain approval for licensure.

 

Body Cavity Proposed rule discussion
Proposal: that the committee make the following recommendation to the board:
That after due consideration the board has decided not to address the issue of body cavity massage at this time. In doing so, the board is neither including nor excluding it as part of the scope of practice of massage therapy. The statutes regarding the scope of massage therapy and the rules concerning unprofessional conduct provide the necessary guidance at this time.

 

Fire Cupping Proposed rule discussion:
That the committee make the following recommendation to the board:
That after due consideration the board has decided not to address the issue of fire cupping massage at this time. In doing so, the board is neither including nor excluding it as part of the scope of practice of massage therapy. The statutes regarding the scope of massage therapy and the rules concerning unprofessional conduct provide the necessary guidance at this time.

 

 

With regard to the last two rules, the board is basically trying to say that they are not going to define specifically what is or isn’t in the practice. When people call the office to ask if something is in the scope, the person is referred back to the statutes.

 

In our view, this keeps the board from limiting the scope of practice further, and puts the responsibility on the licensee to justify how what they do fits within the law. Since the board may have limited information when they consider issues (meaning the info supplied by the questioner), they’re not making a decision that could hurt our profession down the line. We think that’s a good thing.

 

That’s it for now!

 

Sincerely,

The BLMTB Board of Directors
Vianna Myles, Susan Carlson, Deb Kimmet, Patty Murphy

 

Disclosure: Deb Kimmet sits on the Board of Massage Therapy and Susan Carlson is on the Rules Committee. Neither of them are speaking for or representing either of those groups in this report. Their signature here signifies they are speaking only for the BLMTB Board of directors and the positions taken by the BLMTB Board.