BP BHEAD INT H

AN ACT Relating to somatic education; amending RCW 18.108.005, 18.108.010, 18.108.020, 18.108.030, 18.108.040, 18.108.060, 18.108.070, 18.108.073, 18.108.095, and 18.74.010; reenacting and amending RCW 18.130.040; adding a new section to chapter 18.108 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the intent of the legislature to eliminate the confusion under the current massage act by providing a separate somatic education practitioner's license within chapter 18.108 RCW.

Sec. 2. RCW 18.108.005 and 1987 c 443 s 1 are each amended to read as follows:

The legislature finds it necessary to license the practice of massage ((~~and~~)), massage therapy, and somatic education in order to protect the public health and safety. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide services to the public. This chapter shall not be construed to require or prohibit individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance organization from providing benefits or coverage for services and supplies provided by a person ((~~registered or certified~~)) licensed under this chapter.

Sec. 3. RCW 18.108.010 and 1991 c 3 s 252 are each amended to read as follows:

In this chapter, unless the context otherwise requires, the following meanings shall apply:

(1) "Board" means the Washington state board of massage and somatic education.

(2) "Massage" and "massage therapy" mean a health care service involving the external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy includes massage techniques such as methods of effleurage, petrissage, tapotement, tapping, compressions, vibration, friction, nerve ((~~stokes~~)) strokes, and Swedish gymnastics or movements either by manual means, as they relate to massage, with or without the aids of superficial heat, cold, water, lubricants, or salts. Massage therapy does not include diagnosis or attempts to adjust or manipulate any articulations of the body or spine or mobilization of these articulations by the use of a thrusting force.

(3) "Somatic education practices" means those modalities that employ a whole systems approach using touch, verbal dialogue, and motion for educational or therapeutic purposes. The practitioner works in an interactive manner to bring awareness to the client's posture, patterns of motion, or physiological sensation in order to develop better functional abilities.

(4) "Massage practitioner" or "somatic education practitioner" means an individual licensed under this chapter.

((~~(4)~~)) (5) "Secretary" means the secretary of health or the secretary's designee.

((~~(5)~~)) (6) Massage business means the operation of a business where massages are given.

Sec. 4. RCW 18.108.020 and 1991 c 3 s 253 are each amended to read as follows:

The Washington state board of massage and somatic education is hereby created. The board shall consist of four members who shall be appointed by the governor for a term of four years each. Two members shall be massage practitioners and two members shall be somatic education practitioners. Members shall be residents of this state and shall have not less than three years experience in the practice of massage or somatic education immediately preceding their appointment and shall be licensed under this chapter and actively engaged in the practice of massage or somatic education during their incumbency.

In addition to the members specified in this section, the governor shall appoint a consumer member of the board, who shall serve for a term of four years. The consumer member of the board shall be an individual who does not derive his or her livelihood by providing health care services ((or)), massage therapy, or somatic education and is not a licensed health professional. The consumer member shall not be an employee of the state nor a present or former member of another licensing board.

In the event that a member cannot complete his or her term of office, another appointment shall be made by the governor in accordance with the procedures stated in this section to fill the remainder of the term. No member may serve more than two successive terms whether full or partial. The governor may remove any member of the board for neglect of duty, incompetence, or unprofessional or disorderly conduct as determined under chapter 18.130 RCW.

Each member of the board shall be compensated in accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and 43.03.060.

The board may annually elect a chairperson to direct the meetings of the board. The board shall meet as called by the chairperson or the secretary. Three members of the board shall constitute a quorum of the board.

Sec. 5. RCW 18.108.030 and 1987 c 443 s 3 are each amended to read as follows:

(1) No person may practice or represent himself or herself as a massage or somatic education practitioner without first applying for and receiving from the department a license to practice.

(2) A person represents himself or herself as a massage or somatic education practitioner when the person adopts or uses any title or any description of services that incorporates one or more of the following terms or designations: Massage, massage practitioner, massage therapist, massage therapy, therapeutic massage, massage technician, massage technology, massagist, masseur, masseuse, myotherapist or myotherapy, touch therapist, reflexologist, accupressurist, body therapy or body therapist, somatic educator, somatic education, somatic practices, somatic therapy, bodywork, bodyworker, or any derivation of those terms that implies a massage technique or method or a somatic education practice or method.

Sec. 6. RCW 18.108.040 and 1991 c 3 s 255 are each amended to read as follows:

(1) It shall be unlawful to advertise the practice of massage using the term massage or any other term that implies a massage technique or method in any public or private publication or communication by a person not licensed by the secretary as a massage practitioner. Any person who holds a license to practice as a massage practitioner in this state may use the title "licensed massage practitioner" and the abbreviation "L.M.P.". No other persons may assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate that the person using the title is a licensed massage practitioner.

(2) It shall be unlawful to advertise the practice of somatic education using the term "somatic education" or any other term that implies a somatic education method in any public or private publication or communication by a person not licensed by the secretary as a somatic education practitioner. Any person who holds a license to practice as a somatic education practitioner in this state may use the title "licensed somatic education practitioner" and the abbreviation "L.S.E.P.". No other persons may assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate that the person using the title is a licensed somatic education practitioner.

(3) An individual who is licensed as a somatic education practitioner under this chapter may not in any way hold himself or herself out to be a licensed "massage practitioner" or use the initials "L.M.P.".

(4) An individual who is licensed as a massage practitioner under this chapter may not in any way hold himself or herself out to be a licensed "somatic education practitioner" or use the initials "L.S.E.P.".

Sec. 7. RCW 18.108.060 and 1991 c 3 s 256 are each amended to read as follows:

All licenses issued under the provisions of this chapter, unless otherwise provided shall expire on the annual anniversary date of the individual's date of birth.

The secretary shall prorate the licensing fee for a massage practitioner or a somatic education practitioner based on one-twelfth of the annual license fee for each full calendar month between the issue date and the next anniversary of the applicant's birth date, a date used as the expiration date of such license.

Every applicant for a license shall pay an examination fee determined by the secretary as provided in RCW 43.70.250, which fee shall accompany their application. Applications for licensure shall be submitted on forms provided by the secretary.

Applicants granted a license under this chapter shall pay to the secretary a license fee determined by the secretary as provided in RCW 43.70.250, prior to the issuance of their license, and an annual renewal fee determined by the secretary as provided in RCW 43.70.250. Failure to renew shall invalidate the license and all privileges granted to the licensee, but such license may be reinstated upon written application to the secretary and payment to the state of all delinquent fees and penalties as determined by the secretary. In the event a license has lapsed for a period longer than three years, the licensee shall demonstrate competence to the satisfaction of the secretary by proof of continuing education or other standard determined by the secretary with the advice of the board.

Sec. 8. RCW 18.108.070 and 1991 c 3 s 257 are each amended to read as follows:

The secretary shall issue a massage practitioner's license or a somatic education practitioner's license, as appropriate, to an applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

(1) Effective June 1, 1988, successful completion of a course of study in an approved massage program or approved apprenticeship program for a massage practitioner's license; or successful completion of a course of study in an approved somatic education program for a somatic education practitioner's license;

(2) Successful completion of ((an)) either the massage or the somatic education examination administered or approved by the board; and

(3) Be eighteen years of age or older.

In addition, applicants shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW.

The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for licensure provided for in this chapter and chapter 18.130 RCW. The secretary shall establish by rule what constitutes adequate proof of meeting the criteria. The board shall give an appropriate alternate form of examination for persons who cannot read or speak English to determine equivalent competency.

Sec. 9. RCW 18.108.073 and 1991 c 3 s 258 are each amended to read as follows:

(1) The date and location of both the massage examination and the somatic education examination shall be established by the secretary. Applicants who demonstrate to the secretary's satisfaction that the following requirements have been met shall be scheduled for the next examination, either massage or somatic education, as appropriate, following the filing of the application:

(a)(i) Effective June 1, 1988, successful completion of a course of study in an approved massage program; ((or

~~(b)~~)) (ii) Effective June 1, 1988, successful completion of an apprenticeship program established by the board; or

(iii) Effective June 1, 1996, successful completion of a course of study in an approved somatic education program; and

((~~(c)~~)) (b) Be eighteen years of age or older.

In addition, completed and approved applications shall be received sixty days before the scheduled examination.

(2) The board or its designee shall examine each applicant for a massage license in a written ((~~and practical~~)) examination determined most effective on subjects appropriate to the massage scope of practice. The subjects may include anatomy, kinesiology, physiology, pathology, principles of human behavior, massage theory and practice, hydrotherapy, hygiene, first aid, Washington law pertaining to the practice of massage, and such other subjects as the board may deem useful to test applicant's fitness to practice massage therapy. Such examinations shall be limited in purpose to determining whether the applicant possesses the minimum skill and knowledge necessary to practice massage competently.

(3) The board or its designee shall examine each applicant for a somatic education license in a written examination that must be a nationally recognized exam for somatic education. In addition to theory and application of somatic education, the subjects on the examination may include first aid, CPR, and Washington law pertaining to the practice of somatic education. Such examinations shall be limited in purpose to determining whether the applicant possesses the minimum skill and knowledge necessary to practice somatic education competently.

(4) The examination papers, all grading of examinations, and the grading of any practical work, shall be preserved for a period of not less than one year after the board has made and published decisions thereupon. All examinations shall be conducted by the board under fair and impartial methods as determined by the secretary.

((~~(4)~~)) (5) An applicant who fails to make the required grade in the first examination is entitled to take up to two additional examinations upon the payment of a fee for each subsequent examination determined by the secretary as provided in RCW 43.70.250. Upon failure of three examinations, the secretary may invalidate the original application and require such remedial education as is required by the board before admission to future examinations.

((~~(5)~~)) (6) The board may approve an examination prepared or administered, or both, by a private testing agency or association of licensing boards for use by an applicant in meeting the licensing requirement.

Sec. 10. RCW 18.108.095 and 1987 c 443 s 12 are each amended to read as follows:

An applicant holding a license in another state or foreign jurisdiction may be granted a Washington license without examination, if, in the opinion of the board, the other state's or foreign jurisdiction's examination and educational requirements are substantially equivalent to Washington's: PROVIDED, That the applicant demonstrates to the satisfaction of the board a working knowledge of Washington law pertaining to the practice of massage or somatic education. The applicant shall provide proof in a manner approved by the department that the examination and requirements are equivalent to Washington's.

NEW SECTION. Sec. 11. A new section is added to chapter 18.108 RCW to read as follows:

Any somatic education practitioner who on June 1, 1996, holds a valid license to practice massage, issued by authority of the state, shall continue to be licensed as a massage practitioner under the provisions of this chapter and shall become licensed as a somatic education practitioner at the next renewal date, upon payment of the appropriate fees and provision of documentation as required by the secretary showing successful completion of an approved somatic education program.

Sec. 12. RCW 18.130.040 and 1995 c 1 s 19 (Initiative Measure No. 607), 1994 sp.s. c 9 s 603, and 1994 c 17 s 19 are each reenacted and amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage ((~~operators~~)) practitioners, somatic education practitioners, and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists certified under chapter 18.06 RCW;

(viii) Radiologic technologists certified and x-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners certified under chapter 18.89 RCW;

(x) Persons registered or certified under chapter 18.19 RCW;

(xi) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xii) Nursing assistants registered or certified under chapter 18.79 RCW;

(xiii) Health care assistants certified under chapter 18.135 RCW;

(xiv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xv) Sex offender treatment providers certified under chapter 18.155 RCW; and

(xvi) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board on fitting and dispensing of hearing aids as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW;

(xiv) The veterinary board of governors as established in chapter 18.92 RCW; and

(xv) Denturists licensed under chapter 18.30 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

Sec. 13. RCW 18.74.010 and 1991 c 12 s 1 are each amended to read as follows:

Unless the context otherwise requires, the definitions in this section apply throughout this chapter.

(1) "Board" means the board of physical therapy created by RCW 18.74.020.

(2) "Department" means the department of health.

(3) "Physical therapy" means the treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, cold, air, light, water, electricity, sound, massage, and therapeutic exercise, which includes posture and rehabilitation procedures; the performance of tests and measurements of neuromuscular function as an aid to the diagnosis or treatment of any human condition; performance of treatments on the basis of test findings after consultation with and periodic review by an authorized health care practitioner except as provided in RCW 18.74.012; supervision of selective forms of treatment by trained supportive personnel; and provision of consultative services for health, education, and community agencies. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, and the use of spinal manipulation or manipulative mobilization of the spine and its immediate articulations, are not included under the term "physical therapy" as used in this chapter.

(4) "Physical therapist" means a person who practices physical therapy as defined in this chapter but does not include ((~~massage operators as defined in~~)) persons licensed under RCW 18.108.010.

(5) "Secretary" means the secretary of health.

(6) Words importing the masculine gender may be applied to females.

(7) "Authorized health care practitioner" means and includes licensed physicians, osteopathic physicians, chiropractors, naturopaths, ((~~podiatrists~~)) podiatric physicians and surgeons, and dentists: PROVIDED, HOWEVER, That nothing herein shall be construed as altering the scope of practice of such practitioners as defined in their respective licensure laws.