[atlas:bill]

AN ACT Relating to licensing animal massage therapists; and amending RCW 18.108.010, 18.108.030, 18.108.040, 18.108.070, 18.108.073, 18.108.095, 18.108.100, 18.108.210, and 18.108.220.

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

Sec. 1. RCW 18.108.010 and 2001 c 297 s 2 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.

(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 techniques such as tapping, compressions, friction, Swedish gymnastics or movements, gliding, kneading, shaking, and facial or connective tissue stretching, with or without the aids of superficial heat, cold, water, lubricants, or salts. Massage therapy does not include animal massage therapy or 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, nor does it include genital manipulation.

(3) "Massage practitioner" means an individual licensed under this chapter.

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

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

(6) "Animal massage practitioner" means an individual with a license to practice massage therapy in this state with additional training in animal therapy.

(7) "Animal massage therapist" means an individual licensed to perform animal massage therapy as defined by the board in rule.

Sec. 2. RCW 18.108.030 and 1995 c 198 s 15 are each amended to read as follows:

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

(2) A person represents himself or herself as a massage practitioner or an animal massage therapist 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, animal massage therapist, massage therapy, animal massage therapy, therapeutic massage, massage technician, massage technology, massagist, masseur, masseuse, myotherapist or myotherapy, touch therapist, reflexologist, acupressurist, body therapy or body therapist, or any derivation of those terms that implies a massage technique or method.

Sec. 3. RCW 18.108.040 and 1995 c 353 s 1 are each amended to read as follows:

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 or animal massage therapist or without printing in display advertisement the license number of the massage practitioner or animal massage therapist. 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.". Any person who holds a license to practice as an animal massage therapist in this state may use the title "animal massage therapist" and the abbreviation "A.M.T.". No other persons may assume ((~~such~~)) these titles or use ((~~such~~)) these abbreviations or any other word, letters, signs, or figures to indicate that the person using the title is a licensed massage practitioner or a licensed animal massage therapist.

Sec. 4. 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 an animal massage therapist's license 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;

(2) Successful completion of an 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. 5. RCW 18.108.073 and 1995 c 198 s 17 are each amended to read as follows:

(1) The date and location of the 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 following the filing of the application:

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

(b) ((~~Effective June 1, 1988,~~)) Successful completion of an apprenticeship program established by the board; and

In addition, the secretary shall establish a deadline for receipt of completed and approved applications.

(2)(a) The board or its designee shall examine each massage practitioner applicant in a written 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 competently.

(b) The board or its designee shall examine each animal massage therapist applicant in a written examination determined most effective on subjects appropriate to the animal massage scope of practice. The subjects may include equine massage, small animal massage, anatomy, physiology, exercise physiology, pathology, kinesiology, injury management, nutrition, business practices and ethics, and those other subjects necessary for the board to test the applicant's fitness to practice animal massage therapy. This examination shall be limited in purpose to determining whether the applicant possesses the minimum skill and knowledge necessary to practice competently.

(3) All records of a candidate's performance 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) 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) 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. 6. 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 animal massage therapy. The applicant shall provide proof in a manner approved by the department that the examination and requirements are equivalent to Washington's.

Sec. 7. RCW 18.108.100 and 1975 1st ex.s. c 280 s 11 are each amended to read as follows:

The provisions of this chapter relating to the licensing of any person ((~~shall not be~~)) are not exclusive, and any political subdivision of the state of Washington within whose jurisdiction the practice of massage or animal massage therapy is performed may require additional registrations or licenses, regulating the practice of massage ((or)), massage operators, or animal massage therapists, and charge any fee for the same or similar purpose.

Sec. 8. RCW 18.108.210 and 1975 1st ex.s. c 280 s 22 are each amended to read as follows:

The provisions of this chapter relating to the registration and licensing of any massage or animal massage therapy business ((~~shall not be~~)) are not exclusive and any political subdivision of the state of Washington within whose jurisdiction the massage or animal massage therapy business is located may require any registrations or licenses, or charge any fee for the same or similar purpose((~~; and nothing herein shall~~)). This section does not limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon gross business conducted by any firm within ((~~said~~)) the political subdivision.

Sec. 9. RCW 18.108.220 and 1994 c 228 s 1 are each amended to read as follows:

For the purposes of this chapter, licensed massage practitioners and animal massage therapists shall be classified as "offices and clinics of health practitioners, not elsewhere classified" under section 8049 of the standard industrial classification manual published by the executive office of the president, office of management and budget.