Vermont H 623: An act relating to training foster parents to identify signs of human trafficking

Bill Text

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VT LEG #385790 v.1
H.623 1
Introduced by Representative Casey of Montpelier 2
Referred to Committee on 3
Date: 4
Subject: Professions and occupations; massage therapist licensure 5
Statement of purpose of bill as introduced: This bill proposes to repeal the 6
registration regime for massage therapists, bodyworkers, and touch 7
professionals, and replace it with a licensure regime for only massage 8
therapists. It also requires the licensing of massage therapy establishments. 9
An act relating to licensure of massage therapists 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 3 V.S.A. § 123 is amended to read: 12
§ 123. DUTIES OF OFFICE 13
* * * 14
(j)(1) The Office may inquire into the criminal background histories of 15
applicants for initial licensure and for license renewal of any Office-issued 16
credential, including a license, certification, registration, or specialty 17
designation for the following professions: 18
* * * 19

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VT LEG #385790 v.1
(N) peer support providers and peer recovery support specialists 1
certified under 26 V.S.A. chapter 60; and 2
(O) community-based perinatal doulas certified under 26 V.S.A. chapter 3
84.; and 4
(P) massage therapists licensed under 26 V.S.A. chapter 105. 5
Sec. 2. REPEAL 6
26 V.S.A. chapter 105 (Massage Therapists, Bodyworkers, and Touch 7
Professionals) is repealed on July 1, 2027. 8
Sec. 3. 26 V.S.A. chapter 105 is added to read: 9
CHAPTER 105. MASSAGE THERAPISTS 10
Subchapter 1. General Provisions 11
§ 5401. DEFINITIONS 12
As used in this chapter: 13
(1) “Director” means the Director of the Office of Professional 14
Regulation. 15
(2)(A) “Establishment” means any place of business: 16
(i) that offers the practice of massage or where the practice of 17
massage is conducted on the premises of the business; 18
(ii) where two or more persons, regardless of employee or 19
contractor status, regularly engage in the practice of massage; or 20

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VT LEG #385790 v.1
(iii) that represents itself to the public by any title or description of 1
services incorporating the words “massage,” “massage therapy,” “massage 2
therapist,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or 3
other words defined by the Director in rules. 4
(B) A “place of business” includes any office, clinic, facility, salon, 5
spa, or other location not otherwise exempted under this chapter where two or 6
more persons engage in the practice of massage. 7
(3) “License” means a current authorization granted by the Director 8
permitting the practice of massage therapy. 9
(4)(A) “Massage” means systems of structured touch that are: 10
(i)(I) applied to the superficial, soft or deep tissue, muscle, or 11
connective tissue of another person by manual means, including friction, 12
gliding, rocking, tapping, kneading, and nonspecific stretching; or 13
(II) designed to affect the energy fields of the body for the 14
purpose of promoting and maintaining health and well-being; and 15
(ii) provided to clients in a manner in which the clients have a 16
reasonable expectation of privacy. 17
(B) “Massage” may include the use of therapies such as heliotherapy 18
or hydrotherapy; the use of moist, hot, and cold external applications; and the 19
use of oils or other lubricants. 20

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(C) “Massage” does not include the diagnosis of illness, disease, 1
impairment, or disability. 2
(5) “Massage therapist” means a person who holds a license from the 3
Office to practice massage. 4
(6) “Practice of massage” means offering or engaging in massage in 5
exchange for consideration. 6
§ 5402. PROHIBITIONS 7
(a) An individual shall not engage in or offer the practice of massage unless 8
the individual is licensed with the Office. 9
(b) It shall be a violation of this chapter for any individual to engage in the 10
practice of massage, or to offer to engage in the practice of massage, if the 11
individual’s license has been suspended or revoked. 12
(c) An individual shall not use in connection with the individual’s name 13
any letters, words, titles, or insignia indicating or implying that the individual 14
is offering or engaging in the practice of massage, including the term “massage 15
therapist,” unless the individual holds a license in accordance with this chapter. 16
§ 5403. UNAUTHORIZED PRACTICE 17
It is unauthorized practice, punishable under 3 V.S.A. § 127: 18
(1) to engage in the practice of massage without an individual license 19
from the Office; or 20
(2) to own or operate an unlicensed establishment. 21

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§ 5404. EXEMPTIONS 1
The following individuals shall not require a license under this chapter: 2
(1) a student who is practicing massage as part of a professional 3
massage education program; or 4
(2) a professional wh