Vermont H 625: An act relating to adoption of the Interstate Massage Compact

Bill Text

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H.625 1
Introduced by Representative Casey of Montpelier 2
Referred to Committee on 3
Date: 4
Subject: Professions and occupations; massage therapists, bodyworkers, and 5
touch professionals 6
Statement of purpose of bill as introduced: This bill proposes to adopt the 7
Interstate Massage Compact to enable reciprocal practice by massage 8
therapists in member states. 9
An act relating to adoption of the Interstate Massage Compact 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 26 V.S.A. chapter 105, subchapter 4 is added to read: 12
Subchapter 4. Interstate Massage Compact 13
§ 5430. INTERSTATE MASSAGE COMPACT; ADOPTION 14
This subchapter is the Vermont adoption of the Interstate Massage 15
Compact. The form, format, and text of the Compact have been conformed to 16
the conventions of the Vermont Statutes Annotated. It is the intent of the 17
General Assembly that this subchapter be interpreted as substantively the same 18
as the Interstate Massage Compact that is enacted by other Compact member 19
states. 20

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§ 5431. PURPOSE 1
The purpose of this compact is to reduce the burdens on state governments 2
and to facilitate the interstate practice and regulation of massage therapy with 3
the goal of improving public access to, and the safety of, massage therapy 4
services. Through this compact, the member states seek to establish a 5
regulatory framework which provides for a new multistate licensing program. 6
Through this additional licensing pathway, the member states seek to provide 7
increased value and mobility to licensed massage therapists in the member 8
states, while ensuring the provision of safe, competent, and reliable services to 9
the public. This compact is designed to achieve the following objectives, and 10
the member states hereby ratify the same intentions by subscribing hereto: 11
(1) increase public access to massage therapy services by providing for a 12
multistate licensing pathway; 13
(2) enhance the member states’ ability to protect the public’s health and 14
safety; 15
(3) enhance the member states’ ability to prevent human trafficking and 16
licensure fraud; 17
(4) encourage the cooperation of member states in regulating the 18
multistate practice of massage therapy; 19
(5) support relocating military members and their spouses; 20

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(6) facilitate and enhance the exchange of licensure, investigative, and 1
disciplinary information between the member states; 2
(7) create an interstate commission that will exist to implement and 3
administer the Compact; 4
(8) allow a member state to hold a licensee accountable, even where that 5
licensee holds a multistate license; 6
(9) create a streamlined pathway for licensees to practice in member 7
states, thus increasing the mobility of duly licensed massage therapists; and 8
(10) serve the needs of licensed massage therapists and the public 9
receiving their services; however, 10
(11) nothing in this compact is intended to prevent a state from 11
enforcing its own laws regarding the practice of massage therapy. 12
§ 5432. DEFINITIONS 13
As used in this compact, except as otherwise provided and subject to 14
clarification by the rules of the Commission, the following definitions shall 15
govern the terms herein: 16
(1) “Active military member” means any person with full-time duty 17
status in the armed forces of the United States, including members of the 18
National Guard and Reserve. 19
(2) “Adverse action” means any administrative, civil, equitable, or 20
criminal action permitted by a member state’s laws which is imposed by a 21

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licensing authority or other regulatory body against a licensee, including 1
actions against an individual’s authorization to practice such as revocation, 2
suspension, probation, surrender in lieu of discipline, monitoring of the 3
licensee, limitation of the licensee’s practice, or any other encumbrance on 4
licensure affecting an individual’s ability to practice massage therapy, 5
including the issuance of a cease and desist order. 6
(3) “Alternative program” means a non-disciplinary monitoring or 7
prosecutorial diversion program approved by a member state’s licensing 8
authority. 9
(4) “Authorization to practice” means a legal authorization by a remote 10
state pursuant to a multistate license permitting the practice of massage therapy 11
in that remote state, which shall be subject to the enforcement jurisdiction of 12
the licensing authority in that remote state. 13
(5) “Background check” means the submission of an applicant’s 14
criminal history record information, as further defined in 28 C.F.R. § 20.3(d), 15
as amended from the Federal Bureau of Investigation and the agency 16
responsible for retaining state criminal records