Important information regarding licensure of MT's in VA:

Important information regarding licensure of MT's in VA:
This material is excerpted from the VA AMTA Chapter newsletter. It is of significance to all CMTs, uncertified graduates of massage therapy programs, and students currently enrolled in massage therapy programs.

Since 1996, Virginia’s massage therapists have been certified under the Board of Nursing. In the 2012 General Assembly session, the Virginia Chapter of the American Massage Therapy Association has introduced legislation that will update our regulation from certification to licensure. By doing so, we will join the majority of states that license massage therapists.

If you are already certified, you will notice little change in the way you currently interact with the Board of Nursing. Once the law passes and regulations are promulgated, you will receive notice of your renewal and instead of “certification,” the renewal will read, “licensure.” Your fees will stay the same unless the Board increases fees of all its licensees to keep up with costs of running the Board. Massage therapy licensure in and of itself will not increase your fees.

Licensure acknowledges what you already know about your practice. You are a professional who practices according to an established set of standards and code of ethics. This will not change with licensure. In fact, licensure is the most appropriate form of regulation for massage therapists because you practice independently and one-on-one with your clients. Therefore, the public expects you to be credentialed, safe, competent, and holding high ethical standards.

While we do not expect that we will receive opposition to our legislation, we know that some people will
have questions and concerns about licensure. These may be individuals who practice other modalities that some associate with massage. We have exempted these modalities from the requirements for licensure. Only those individuals who practice according to a defined scope of practice will be required to be licensed. The draft scope-of-practice statement is included in this newsletter. This should describe your current practice.

Those individuals who are currently not certified and who practice massage will need to become licensed,
and should have ample time to complete the licensure requirements.

Scope of Practice is a terminology used by national and state/provincial licensing boards for
various professions that defines the procedures, actions, and processes that are permitted for the licensed individual.

The scope of practice is limited to that which the law allows for specific education and experience, and specific demonstrated competency. Each jurisdiction has laws, licensing bodies, and regulations that describe requirements for education and training, and define scope of practice.

Here is the draft of the scope of practice statement in the proposed licensure legislation.

“Massage therapy and bodywork mean the manual application of a system of structured touch of the soft tissues of the body with the intent to enhance or restore health and well-being. The application may include but not be limited to pressure, compression, friction, rocking, pettrissage, effleurage, tapotement, and passive/active stretching within the normal anatomical range of movement and complementary techniques, such as the external application of lubricants, hydrotherapy, salt or herbal preparations, powder, hot or cold applications or mechanical devices that mimic or enhance actions that may be done manually. The terms ”massage therapy” and “bodywork” do not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, midwifery, chiropractic therapy, physical therapy, occupational therapy, acupuncture, athletic training,
podiatry, or esthetics as de!ned in § 54.1-700 is required by law.”

Frequently asked questions:

Why do we need to become licensed?
• Increasingly, states are moving toward licensure of MTs. Currently, 40 states license MTs.
• Licensure is the most appropriate form of regulation of MTs because MTs work autonomously and usually in privacy. Therefore, there is a potential risk of public harm, and licensure provides a means for the state to regulate the practice of MTs.
• Licensure conveys protection of scope of practice. Only individuals who are licensed (or exempt from licensure) are permitted to perform that scope of practice. Therefore, the public is further protected from the unregulated practice of individuals who claim to be massage therapists
but have not achieved licensure.

How does licensure protect the public?
• Licensure is the means by which the Commonwealth regulates the practice of a profession or occupation that has the potential to endanger the health, safety, or welfare of the public if the
practice were to be unregulated.
• The public is assured that the individuals who are regulated meet certain requirements verifying their competence and safety in practice.
• If a person receiving services from a regulated practitioner believes that the massage has been unsafe and/or unethical, the massage recipient has the ability to lodge a complaint against the regulated practitioner through the Department of Health Professions.

How will licensure help massage therapists?
• The licensure law will more specifically define the scope of practice of massage therapists and defined in the law to be licensed. No one will be able to call him or herself a massage therapist unless he/she is licensed. Everyone who is hired to practice massage will need to be licensed.
• Licensure helps massage therapists because all individuals practicing massage must be licensed;
therefore, the public and licensed massage therapists are protected.
• Licensure should help us update local ordinances by enabling us to more clearly differentiate our state- regulated profession from those who practice outside the law.

If massage therapists become licensed in Virginia, will MT licensure applicants be required to take
the MT licensure examination, the MBLEx, in order to become licensed?
• Licensed massage therapists in other states should be able to become licensed in Virginia without additional requirements, pending renewal of their licensure status and credentials by the Board of Nursing.
• The proposed law will enable the Board of Nursing to accept a variety of established examinations for licensure, including the NCBTMB certification examination and the MBLEx, the licensing examination developed by the Federation of State Massage Therapy Boards.

If I am already certi!ed as a MT in Virginia, will I have to take another examination or other requirements to become licensed?
• If you are already certified and in good standing, meeting the continued education requirements for certification in Virginia, you will not need to take another examination or meet other requirements. You will automatically be granted a license when your renewal date occurs.

Will the licensure law require that MTs obtain additional education beyond the requirements currently listed in the law?
• No. The proposed law will have the same requirements as are currently in effect.
• The current law requires that MTs successfully complete a minimum of 500 hours of training from a massage therapy program that is certified or approved by the State Council of Higher Education or an agency in another state, the District of Columbia, or a U.S. territory that approves educational programs.

If massage therapists become licensed in Virginia, would I be prevented from practicing different
forms of bodywork?
• No, so long as the bodywork is consistent with the definition of massage and bodywork that is in the law. The Commonwealth will not regulate other forms of bodywork that lie outside of that definition.

Will licensure in Virginia mean that my fees will be increased?
• No. Like all the other regulatory boards in the Department of Health Professions, the Board of Nursing operates solely on fees collected from individuals whom it regulates: RNs, LPNs, LNPs, CMTs, and CNAs. When the Board cannot meet its financial obligations, it announces through the state’s regulatory process that it intends to raise fees. This process takes about two years to complete. But licensure itself will not raise the fees because no additional staff work is expected to take place with licensure.

Will licensure mean that massage therapists need to have their own regulatory board?
• No. There are insufficient numbers of massage therapists in Virginia to support the operations of
a totally separate regulatory board.

Will licensure status mean that we will not have
to abide by local ordinances?
• No. You will still have to abide by local ordinances. However, if you believe that the local ordinance conflicts with the licensure law of the state, you should seek a change in the local ordinance. Localities cannot issue or maintain local ordinances that conflict with state laws.

If massage therapists become licensed in Virginia, would we be able to automatically accept insurance for massage?
• Licensure and insurance reimbursement are two entirely di"erent subjects. Licensure does not automatically mean that you can seek reimbursement. However, some insurance policies
reimburse for therapies by “licensed” providers, and you may be able to seek reimbursement.
• In order to become a “mandated” provider for insurance purposes, you would need to seek a change in another section of Virginia law.
Will becoming licensed prevent unqualified practitioners from advertising that they do massage?
• No. There will be individuals practicing massage who are not regulated by the Department of Health Professions, however, these individuals, if caught and prosecuted, will be breaking the law; that is, they will be practicing massage without a license.

Further updates will be provided as I obtain them. You may also want to obtain further information by going on the website for the Virginia Chapter of the AMTA. ABMP largely supports the legist=lations except for some exempted forms of bodywork such as those working with human energy fields, movement re-education, and structural integration.

Victoria Jordan Stone, NCMT, RYI
Member ABMP
Co-director Blue Ridge School of Massage & Yoga