[atlas:bill]

AN ACT Relating to certification of reflexologists; amending RCW 18.108.010 and 18.108.020; adding new sections to chapter 18.108 RCW; and creating a new section.

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

Sec. 1. RCW 18.108.010 and 1997 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 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) "Certified reflexologist" means a person certified to practice reflexology under this chapter.

Sec. 2. RCW 18.108.020 and 1991 c 3 s 253 are each amended to read as follows:

The Washington state board of massage is hereby created. The board shall consist of ((~~four~~)) five members who shall be appointed by the governor for a term of four years each. Four members shall be residents of this state and shall have not less than three years experience in the practice of massage immediately preceding their appointment and shall be licensed under this chapter and actively engaged in the practice of massage during their incumbency. One member shall be a certified reflexologist who is engaged in the active practice of reflexology and who is a resident of the state.

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 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.

NEW SECTION. Sec. 3. (1) No person may for a fee or as part of his or her position as an employee, proprietorship, or corporation practice reflexology without being certified under this chapter unless otherwise authorized by law in his or her professional scope of practice.

(2) The board shall establish initial certification standards for applicants for reflexology certification at a minimum of one hundred ninety hours of training by the effective date of this act. Beginning January 1, 2003, new applicants for certification must complete three hundred hours of training in reflexology as approved by the board or be certified by the association of reflexology certification board.

NEW SECTION. Sec. 4. The department shall establish a reflexology advisory committee consisting of three reflexologists who have been in practice for at least two years prior to the effective date of this act. Each member must have at least two hundred hours of reflexology training and be certified by the association of reflexology certification board.

The duties of the advisory committee include making recommendations to the massage board on the requirements and implementation of certification standards for certified reflexologists.

NEW SECTION. Sec. 5. The department of health shall review the implementation of this act and make recommendations to the legislature by December 1, 2004, regarding regulatory changes to this act.

NEW SECTION. Sec. 6. Sections 3 and 4 of this act are each added to chapter 18.108 RCW.