DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

DIRECTOR’S OFFICE

 

MASSAGE THERAPY - GENERAL RULES

 

Filed with the secretary of state on

 

These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

 

(By authority conferred on the director of the department of licensing and regulatory affairs by sections 16145, 16148, 16287, 17959, 17961, 17963, and 17965 of the public health code, 1978 PA 368, MCL 333.16145, 333.16148, 333.16287, 333.17959, 333.17961, 333.17963, and 333.17965, and Executive Reorganization Order Nos.  1991-9, 1996-2, 2003-1, and 2011-4, MCL  338.3501, 445.2001, 445.2011, and 445.2030)

 

R 338.701, R 338.722, R 338.724, R 338.726, R 338.732, R 338.734, R 338.735, R 338.736, R 338.737, R 338.738, R 338.739, R 338.741, and R 338.751 of the Michigan Administrative Code are amended, R 338.702 and R 338.722a are added, and R 338.752 is rescinded, as follows:

 

PART 1. GENERAL RULES

 

R 338.701 Definitions.

  Rule 1.  (1)  As used in these rules:

    (a) "Board" means the Michigan board of massage therapy created under section 17955 of the code, MCL 333.17955.

    (b) “Classroom instruction” means  50 to 60 minutes of educational instruction, which constitutes 1 hour of classroom instruction, and meets either of the following:

  (i)  Is provided at a physical location where the students and an instructor are present.

  (ii)  Is provided by distance education earned in compliance with the requirements of that term as defined in section 17959(3)(a) of the code, MCL 333.17959.

    (c) (b)  "Code" means the public health code, 1978 PA 368, MCL 333.1101  et seq to 333.25211.

    (d) (c)  "Department" means the department of licensing and regulatory affairs.

    (e)  “Distance education” means the same as defined under section 17959 of the code, MCL 333.17959.  

    (f)  "Endorsement" means the acknowledgement that the licensing criteria in 1 jurisdiction is substantially equivalent to the criteria established and described in section 16186 of the code, MCL 333.16186. 

    (d) (g)  “Members of the public” mean individuals who are not currently enrolled in the massage therapy student’s supervised curriculum.

    (h)  “Supervised curriculum” means a massage therapy curriculum that meets the requirements of  R 338.722 and is taught in a school as defined in section 17951(1)(e) of the code, MCL 333.17951(1)(e).

    (i) “Supervised student clinic” means practical instruction required as part of a supervised curriculum that consists of a student providing massages under the supervision of a licensed massage therapist to members of the public.

    (2)  Except as otherwise defined in these rules, the terms defined in the code have the same meaning when used in these rules.

 

R 338.702  Telehealth.

  Rule 2.  (1)  Consent for treatment must be obtained before providing a telehealth service pursuant to section 16284 of the code, MCL 333.16284.

  (2)  Evidence of consent for treatment must be maintained in a patient’s medical record and retained in compliance with section 16213 of the code, MCL 333.16213.

  (3)  A massage therapist providing any telehealth service shall do both of the following:

    (a)  Act within the scope of his or her practice.

    (b)  Exercise the same standard of care applicable to a traditional, in-person health care service.

 

PART 2.  EDUCATION

 

R 338.722  Supervised curriculum for students enrolled before August 1, 2017; for students enrolled on or after August 1, 2017 but before January 10, 2020; massage therapists; requirements.

  Rule 22.  (1)  “Supervised curriculum” in this rule means a massage therapy curriculum that meets the requirements of this rule and is taught in a school as defined in section 17951(1)(e) of the code, MCL 333.17951.

  (2)  For students enrolled before August 1, 2017, a supervised curriculum shall must include, at a minimum, 500 hours of courses or coursework, and both of the following:

    (a)  Classroom instruction as defined in R 338.701(1)(b)(i), including both of the following:

      (i)  Forty hours performing massage therapy services for members of the public in a supervised student clinic that are supervised by a licensed massage therapist  and meet meets all of the requirements under of  R 338.724.

(ii)  Two hundred hours of massage and bodywork assessment, theory, and application instruction.

    (b)  Classroom instruction as defined in R 338.701(1)(b)(i) or (ii), including all of the following:

      (i)  One hundred twenty-five hours of instruction on the body systems that include anatomy, physiology, and kinesiology.

(ii)  Forty hours of pathology.

(iii)  Ten hours of business, professional practice, or ethics instruction with a minimum of 6 hours in ethics.

(iv)  Eighty-five hours of instruction in an area or related field, as determined by the school, that complete completes the massage therapy program of study.

 (2) For students enrolled 1 year after promulgation of this rule, a supervised curriculum shall meet both of the following:

    (a)  The requirements of R 338.726.

    (b)  A minimum of 625 hours of courses or coursework including both of the following:

      (i)  Classroom instruction as defined in R 338.701(1)(b)(i), including both of the following:

  (A) Seventy-five hours performing massage therapy services in a student clinic that is supervised by a licensed massage therapist and meets of the requirements under of R 338.724.

  (B)    Two hundred hours of massage and bodywork assessment, theory, and application instruction.

      (ii)  Classroom instruction as defined in R 338.701(1)(b)(i) or (ii), including all of the following:

  (A)  One hundred twenty-five hours of instruction on the body systems that include anatomy, physiology, and kinesiology.

  (B) Forty hours of pathology.

  (C) Twenty-five hours of business, professional practice, or ethics instruction with a minimum of 10 hours in ethics.

  (D) One hundred sixty hours of instruction in an area or related field, as determined by the school, that complete the massage therapy program of study.

 (3)  For students enrolled on or after August 1, 2017 but before January 10, 2020, a supervised curriculum must include, at a minimum, 625 hours of courses or coursework and both of the following:

    (a)  Classroom instruction including both of the following:

      (i)  Forty hours performing massage therapy services for members of the public in a supervised student clinic that meets all of the requirements of R 338.724.

      (ii)  Two hundred hours of massage and bodywork assessment, theory, and application instruction.

    (b)  Classroom instruction including all of the following:

      (i)  One hundred twenty-five hours of instruction on the body systems that include anatomy, physiology, and kinesiology.

(ii)  Forty hours of pathology.

(iii)  Ten hours of business, professional practice, or ethics instruction with a minimum of 6 hours in ethics.

(iv)  Two hundred ten hours of instruction in an area or related field, as determined by the school, that completes the massage therapy program of study.

 

338.722a  Supervised curriculum for students enrolled on or after January 10, 2020;

  requirements.

  Rule 22a.   (1)  “Supervised curriculum” in this rule means a massage therapy curriculum that meets the requirements of this rule and is approved by the board pursuant to R 338.726.

 (2) For students enrolled on or after January 10, 2020, a supervised curriculum must include, at a minimum, 625 hours of courses or coursework and satisfy both of the following:

    (a)  Classroom instruction including both of the following:

      (i)  Seventy-five hours performing massage therapy services for members of the public in a supervised student clinic that meets all of the requirements of R 338.724.

      (ii)  Two hundred hours of massage and bodywork assessment, theory, and application instruction.

    (b)  Classroom instruction including all of the following:

  (i) One hundred twenty-five hours of instruction on the body systems that include anatomy, physiology, and kinesiology.

  (ii)  Forty hours of pathology.

  (iii)  Twenty-five hours of business, professional practice, or ethics instruction with a minimum of 10 hours in ethics.

  (iv)  One hundred sixty hours of instruction in an area or related field, as determined by the school, that completes the massage therapy program of study.

 

R 338.724  Supervised student clinic; requirements.

  Rule 24.  (1)  A student shall have Before beginning the supervised student clinic required under R 338.722, a student shall complete completed a minimum of not less than 20 hours of courses or coursework in pathology before participating in a supervised student clinic.

  (2) A supervised student clinic shall must satisfy all of the following requirements:

    (a)  If a student was enrolled before January 10, 2020, all supervised clinic hours must be held on school premises.  If the student was enrolled on or after January 10, 2020, A a minimum of 55 supervised clinic hours shall must be held on school premises.  A maximum of 20 supervised clinic hours may be held off school premises.

    (b)  The clinic shall must be supervised by a licensed massage therapist who is a faculty member of the school offering the supervised curriculum. The supervising massage therapist shall be present on the premises and be readily accessible to the students at all times during the clinic.

    (c)  The ratio of students to supervising massage therapists shall must not exceed 15 students to 1 supervising massage therapist.

  (3)  A supervising massage therapist shall ensure that a student possesses the appropriate education, experience, and skills before allowing the student to provide a massage to any member of the public during a supervised student clinic.

 

R 338.726  Accreditation;  Educational standards; adoption by reference.

  Rule 26. The board shall approve approves a massage therapy supervised curriculum that meets the requirements of R 338.722(2) R 338.722a and complies with 1 of the following:

  (a)  Is offered by a national certification board for therapeutic massage and bodywork’s National Certification Board for Therapeutic Massage and Bodywork (ncbtmb) (NCBTMB) assigned school that is researched and approved by the ncbtmb NCBTMB and meets ncbtmb’s the NCBTMB’s minimum curriculum requirements. 

  (b)  Is accredited by the accrediting body of the region in which the institution is located and the accrediting body meets either the recognition standards and criteria of the council for higher education accreditation Council for Higher Education Accreditation (chea) (CHEA) or the recognition procedures and criteria of the United States department Department of education Education.  The board adopts by reference the procedures and criteria for recognizing accrediting agencies of the United States department Department of education Education, effective July 1, 2000 2010, as contained in title 34, part CFR 602 (2010) of the code of federal regulations, and the policies and procedures for recognition of accrediting organizations of chea the CHEA, effective June 28, 2010 September 24, 2018.  Copies of the standards and criteria of chea the CHEA accreditation and the United States department Department of education Education are available for inspection and distribution at cost of 10 cents per page from the Board of Massage Therapy, Bureau of Professional Licensing, Department of Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing, MI Michigan 48909.  Chea The CHEA recognition standards may also be obtained at no cost from the council’s website at http://www.chea.org.  The federal recognition criteria may also be obtained at no cost from the website for the United States department Department of education Education office Office of postsecondary Postsecondary education, Education at http://www.ed.gov/about/offices/list/OPE/index.html.

 

PART 3.  LICENSURE

 

R 338.732  Training standards for identifying victims of human trafficking; requirements.

  Rule 32.  (1)  Pursuant to sections 16148 and 17060 of the code, MCL 333.16148 and MCL 333.17060, an individual who is licensed or seeking licensure shall complete training in identifying victims of human trafficking that meets the following standards:

    (a)  Training content that covers all of the following:

      (i)  Understanding the types and venues of human trafficking in the United States.

(ii)  Identifying victims of human trafficking in health care settings. 

(iii)  Identifying the warning signs of human trafficking in health care settings for adults and minors.

(iv)  Identifying resources for reporting the suspected victims of human trafficking.

    (b)  Acceptable providers or methods of training include any of the following:

      (i)  Training offered by a nationally recognized or state-recognized health-related organization.

(ii)  Training offered by, or in conjunction with, a state or federal agency.

(iii)  Training obtained in an educational program that has been approved by the board for initial licensure, or by a college or university.

(iv)  Reading an article related to the identification of victims of human trafficking that meets the requirements of subdivision (a) of this subrule and is published in a peer review journal, health care journal, or professional or scientific journal.

    (c)  Acceptable modalities of training may include any of the following:

      (i)  Teleconference or webinar.

(ii)  Online presentation.

(iii)  Live presentation.

(iv)  Printed or electronic media.

  (2)  The department may select and audit a sample of individuals and request documentation of proof of completion of training.   If audited by the department, an individual shall provide an acceptable proof of completion of training, including either of the following:

    (a)  Proof of completion certificate issued by the training provider that includes the date, provider name, name of training, and individual’s name.  

    (b)  A self-certification statement by an individual.  The certification statement shall must include the individual’s name and either of the following:

      (i)  For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date, training provider name, and name of training.

(ii)  For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of article, author, publication name of peer review journal, health care journal, or professional or scientific journal, and date, volume, and issue of publication, as applicable.

  (3)  Pursuant to section 16148 of the code, MCL 333.16148, the requirements specified in subrule (1) of this rule apply for to all license renewals beginning with the 2017 renewal cycle and for initial licenses issued after March 14, 2022.

 

R 338.734  Examinations; passing scores.

  Rule 34.  An applicant for licensure shall pass either of the following:

  (a)  The massage Massage and bodywork Bodywork licensure Licensure examination Examination (mblex) (MBLEX), or its replacement, offered by the federation of state massage therapy boards Federation of State Massage Therapy Boards (fsmtb) (FSMTB).  The passing score for the mblex MBLEX examination is the passing score recommended by the fsmtb FSMTB.

  (b)  The national certification examination National Certification Examination for therapeutic massage Therapeutic Massage and bodywork Bodywork (ncetmb) (NCETMB) offered by the national certification board National Certification Board for therapeutic massage Therapeutic Massage and bodywork Bodywork (ncbtmb) (NCBTMB), if taken prior to before November 1, 2014.  The passing score for the ncetmb NCETMB examination is the passing score recommended by ncbtmb the NCBTMBNcetmb examination scores will be accepted by the department.

 

R 338.735  Licensure; massage therapist; requirements.

  Rule 35.  An applicant for a massage therapist license by examination shall submit the required fee and a completed application on a form provided by the department. In addition to satisfying the requirements of the code and these rules, the applicant shall satisfy both of the following requirements:

  (a)  Have successfully completed a supervised curriculum that satisfies the requirements in R 338.722 or R 338.722a, as applicable.

  (b)  Pass an examination required under R 338.734.

 

R 338.736  Foreign-trained applicants; licensure; requirements.

  Rule 36.  An applicant for a massage therapist license who completed a massage therapy curriculum outside of the United States shall submit the required fee and a completed application on a form provided by the department. In addition to satisfying the requirements of the code and these rules, the applicant shall satisfy all of the following requirements:

  (a)  Have successfully completed a massage therapy curriculum that is substantially equivalent to a supervised curriculum that meets the requirements in R 338.722 or R 338.722a, as applicable.  Evidence of having completed a massage therapy curriculum that is substantially equivalent to a supervised curriculum includes an evaluation of the applicant’s education by a recognized and accredited credential evaluation agency that is a member of the national association of credential evaluation services.

  (b)  Pass an examination required under R 338.734.

  (c)  Demonstrate a working knowledge of the English language if the applicant’s massage therapy curriculum was taught in a language other than English. To demonstrate a working knowledge of the English language, the applicant shall establish that he or she has obtained a total score of not less than 80 on the test of English as a foreign language internet-based test (toefl-ibt) administered by the educational testing service.

 

R 338.737   Licensure by endorsement; requirements.

  Rule 37.  (1)  An applicant for a license by endorsement shall hold an active massage therapist license or registration in another state, country, jurisdiction, territory, or province at the time of application, be of good moral character, and be at least 18 years of age. 

  (2)  The applicant as a massage therapist shall submit the required fee and a completed application on a form provided by the department.   

  (3)  An applicant who has held an active massage therapist license in another state, country, jurisdiction, territory, or province for 3 years or more preceding the date of application satisfies the requirements for licensure pursuant to section 19759(2) of the code, MCL 333.17959.  In addition to meeting the requirements of the code and these rules, an applicant who satisfies the requirements of the code and this rule, is presumed to satisfy the requirements of section 16186 of the code, MCL 333.16186.

  (2)  An applicant who was first  has held registered or licensed as a massage therapist in another state of the United States for 5 years or more immediately preceding the date of filing an application for a Michigan massage therapist license shall have passed an examination required under R 338.734.

  (3)  (4)  An applicant who has held an active massage therapist license in another state, country, jurisdiction, territory, or province for less than 3 years immediately preceding the date of application shall who was first registered or licensed as a massage therapist in another state of the United States for less than 5 years immediately preceding the date of filing an application for a Michigan massage therapist license shall satisfy all both of the following requirements:

    (a)  Have successfully completed a supervised curriculum that meets the requirements in R 338.722, R 338.722a, or R 338.736(a), as applicable.

    (b)  Have passed an examination required under R 338.734.

(c)  Meet the requirements in R 338.736(c) if the applicant’s educational curriculum was taught in a language other than English.

  (4) (5)  An applicant shall have his or her license, certification, or registration in good standing verified by the licensing, certifying, or registering agency of any each state, country, jurisdiction, territory, or province in which the applicant holds,  a current license, certification, or registration or has ever held, a license, certification, or registration as a massage therapist. If applicable, verification shall must include the record of any disciplinary action taken or pending against the applicant.

 

 

R 338.738  Relicensure.

  Rule 38. (1) An applicant whose license has lapsed for less than 3 years preceding the date of application for relicensure may be relicensed under section 16201(3) of the code, MCL 333.16201(3), if the applicant satisfies all of the following requirements: 

    (a)  Submits the required fee and a completed application on a form provided by the department.

    (b)  Establishes that he or she is of good moral character as defined under sections 1 to 7 of 1974 PA 381, MCL 338.41 to MCL 338.47.

    (c)  Submits proof to the department of accumulating not less than 18 hours of continuing education credit that meets the requirements of R 338.739 and R 338.741 during the 3 years immediately preceding the application for relicensure.

  (2)  An applicant whose license has lapsed for 3 years or more preceding the date of application for relicensure may be relicensed under section 16201(4) of the code, MCL 333.16201(4), if the applicant satisfies all of the following requirements:

    (a)  Submits the required fee and a completed application on a form provided by the department.

    (b)  Establish that he or she is of good moral character as defined under sections 1 to 7 of 1974 PA 381, MCL 338.41 to MCL 338.47.

    (c)  Submit fingerprints as required under section 16174(3) of the code, MCL 333.16174(3).

    (d)  Does either of the following requirements:

      (i)  Passes an examination required under R 338.734.

      (ii)  Submits evidence to the department that he or she was registered or licensed as a massage therapist in another state during the 3-year period immediately preceding the application for relicensure.

  (3)  An applicant shall have his or her license, certification, or registration verified by the licensing agency of any state of the United States in which the applicant holds a current license, certification, or registration or has ever held a license, certification, or registration as a massage therapist. If applicable, verification shall include the record of any disciplinary action taken or pending against the applicant.

 

  Rule 38. An applicant whose license has lapsed may be relicensed upon submission

of the appropriate documentation as noted in the table below:

  (1)  For a massage therapist who has let his or her Michigan license lapse and is not currently licensed in another state country, jurisdiction, territory, or province.

Lapsed

less than

3 years

Lapsed 3 years or more

(a)

Application and fee: submit a completed application on a form provided by the department, together with the required fee.

 

 

(b)

Good moral character: establish that he or she is of good moral character as defined under sections 1 to 7 of 1974 PA 381, MCL 338.41 to 338.47.

 

 

(c)

Fingerprints: submit fingerprints as required under section 16174(3) of the code, MCL 333.16174.

 

 

(d)

Continuing education:  submit proof of having completed 45 hours of continuing education that satisfy the requirements of R 338.739 and R 338.741 in courses and programs approved by the board and earned within the 3-year period immediately preceding the application for relicensure.

 

 

(e)

Examination:  passage of the examination approved pursuant to R 338.734 within 3 years of relicensure.

 

 

(f)

License verification:  an applicant’s license in good standing must be verified by the licensing agency of each state, country, jurisdiction, territory, or province in which the applicant holds or ever held a license as a massage therapist.  If applicable, verification  must include the record of any disciplinary action taken or pending against the applicant. 

 

 

 

  (2)  For a massage therapist who has let his or her Michigan license lapse and is currently licensed in another state, country, jurisdiction, territory, or province

Lapsed

less than

3 years

Lapsed 3 years or more

(a)

Application and fee: submit a completed application on a form provided by the department, together with the required fee.

 

 

(b)

Good moral character: establish that he or she is of good moral character as defined under sections 1 to 7 of 1974 PA 381, MCL 338.41 to 338.47.

 

 

(c)

Fingerprints: submit fingerprints as required under section 16174(3) of the code, MCL 333.16174.

 

 

 

(d)

Continuing education:  submit proof of having completed 45 hours of continuing education that satisfy the requirements of R 338.739 and R 338.741 in courses and programs approved by the board and earned within the 3-year period immediately preceding the application for relicensure.

 

 

(e)

License verification:  an applicant’s license in good standing  must be verified by the licensing agency of each state, country, jurisdiction, territory, or province in which the applicant holds or ever held a license as a massage therapist.  If applicable, verification  must include the record of any disciplinary action taken or pending against the applicant. 

 

 

 

R 338.739  License renewals; massage therapist; requirements; applicability.

  Rule 39.  (1)  This rule applies to applications for renewal of a massage therapist license under sections 16201 and 17965 of the code, MCL 333.16201 and MCL 333.17965, which are renewed beginning with the 2018 renewal cycle.

   (2)  An applicant for license renewal who has been licensed for the 3-year period immediately preceding the expiration date of the license shall accumulate not less than 18 hours of continuing education in activities approved by the board under these rules during the each license cycle. 3 years immediately preceding the application for renewal.

  (3) (2)  Submission of an application for renewal shall constitute constitutes the applicant’s certification of compliance with the requirements of this rule. A licensee shall retain documentation of meeting the requirements of this rule for a period of 4  5 years from the date of applying application for license renewal. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221(h).

  (4) (3)  The requirements of this rule do not apply to if a licensee has been licensed for less than 3 years.  during his or her initial licensure cycle.

  (4)  A request for a waiver pursuant to section 16205 of the code, MCL 333.16205, must be received by the department before the expiration date of the license. 

  (5) The department may select and audit a sample of licensees who have renewed their licenses and request proof of compliance with subrule (1) of this rule.

 

PART 4.  CONTINUING EDUCATION

 

R 338.741  Acceptable continuing education; requirements; limitations.

  Rule 41. (1) A licensee may not earn more than 12 hours of continuing education during a 24-hour period.  The 18 hours of continuing education required pursuant to R 338.739(2) for the renewal of a massage therapy license shall comply with the following:

(a)  Not more than 12 hours of continuing education shall be earned during a 24-hour period.

  (2) (b)  A licensee shall may not earn credit for a continuing education program or activity that is identical or substantially identical to a program or activity the licensee has already earned credit for during that renewal period license cycle.

  (3) The continuing education credit hours earned during 1 license cycle may not be carried forward to the next license cycle.

  (4)  (c)  A licensee shall may not earn credit for continuing education programs or activities that primarily focus on practices excluded from licensure under section 17957 of the code, MCL 333.17957.

  (5)  (d)  A licensee Pursuant to section 16204 of the code, MCL 333.16204,  shall earn at least 1 hour of continuing education shall be earned in the area of pain and symptom management. Continuing education hours in pain and symptom management may include, but are not limited to, courses in behavior management, behavior modification, stress management, and clinical applications, as they relate to professional practice.

  (6)  (e)  At A licensee shall earn at least 2 hours of continuing education shall be earned in the area of professional ethics or boundaries.

  (2) (7)  The board shall consider approves any of the following as acceptable continuing education:

 

ACCEPTABLE CONTINUING EDUCATION ACTIVITIES

Activity

Code

Activity and Proof Required

Number of continuing education hours granted/permitted earned per activity

1

(a)

Attendance at or participation in a continuing education program or activity related to the practice of massage therapy, or any non-clinical subject relevant to massage therapy practice, education, administration, management, or science, which includes, but is not limited to, live, in-person programs; interactive or monitored teleconference, audio-conference, or web-based programs; online programs; and journal articles or other self-study programs approved or offered by any of the following:

·         The ncbtmb NCBTMB, or a sponsor approved by the ncbtmb NCBTMB.

·         The fsmtb FSMTB, or a sponsor approved by the fsmtb FSMTB.

·         A massage therapy school or program approved pursuant to R 338.726.  as defined in section 17951(1)(e) of the code, MCL 333.17951(1)(e), which meets the supervised curriculum requirements of R 338.722 and defined in R 338.701(h).

 

If audited, the licensee shall submit a copy of a letter or certificate of completion showing the licensee’s name, number of continuing education hours earned, sponsor name or the name of the organization that approved the program or activity for continuing education credit, and the date on which the program was held or activity completed.

The number of continuing education hours earned granted shall be is the number of hours approved by the sponsor or the approving organization for the specific program or activity. A maximum of 18 hours of continuing education may be earned for this activity in each renewal period.

 

 

 

 

 

 

 

2

(b)

Initial presentation of a continuing education program related to the practice of massage therapy provided to a state, regional, national, or international massage therapy organization.

 

To receive credit, the presentation shall must not be a part of the licensee’s regular job description and shall must be approved or offered for continuing education credit by any of the following:

·         The ncbtmb NCBTMB, or a sponsor approved by the ncbtmb NCBTMB.

·         The fsmtb FSMTB, or a sponsor approved by the fsmtb FSMTB.

·         A massage therapy school or program approved pursuant to R 338.726. as defined in section 17951(1)(c) of the code, MCL 333.17951(1)(c), which meets the supervised curriculum requirements of R 338.722 and defined in R 338.701(h).

 

If audited, the licensee shall submit a copy of the presentation notice or advertisement showing the date of the presentation, the licensee’s name listed as a presenter, and the name of the organization that approved or offered the presentation for continuing education credit.

Two hours of continuing education shall be are granted earned for each 50 to 60 minutes of presentation. No additional credit shall be is earned granted for preparation of a presentation. A maximum of 6 hours of continuing education may be earned for this activity in each renewal period. Pursuant to R 338.741(1)(c), credit for a presentation shall be granted once per renewal period.

 

3

(c)

Initial presentation of a scientific exhibit, poster, scientific paper, or clinical demonstration to a massage therapy organization.

 

To receive credit, the presentation shall must not be part of the licensee’s regular job description or performed in the normal course of the licensee’s employment.

 

If audited, the licensee shall submit a copy of the document presented with evidence of presentation or a letter from the program sponsor verifying the length and date of the presentation.

Two hours of continuing education shall be are granted earned for each 50 to 60 minutes of presentation. No additional credit shall be is earned granted for preparation of a presentation. A maximum of 6 hours of continuing education may be earned for this activity in each renewal period. Pursuant to R 338.741(1)(c), credit for a presentation shall be granted once per renewal period.

-4-

(d)

Initial publication of an article related to the practice of massage therapy in a non-peer reviewed journal or newsletter.

 

If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

 

One hour of continuing education shall be is granted earned for each article. A maximum of 6 hours of continuing education may be earned for this activity in each renewal period. Pursuant to R 338.741(1)(c), credit for publication shall be granted once per renewal period.

5

(e)

Initial publication of a chapter related to the practice of massage therapy in either of the following:

·         A professional or health care textbook.

·         A peer-reviewed textbook.

 

If audited, the licensee shall submit a copy of the publication that identifies the licensee as the author or a publication acceptance letter.

 

Five hours of continuing education shall be granted are earned for serving as the primary author. Two hours of continuing education shall be granted are earned for serving as the secondary author. Pursuant to R 338.741(1)(c), credit for publication shall be granted once per renewal period.

6

(f)

Identifying, researching, and resolving an event or issue related to clinical or professional practice.

 

If audited, the licensee shall submit a completed experiential activity form approved provided by the department for each issue or event.

 

One hour of continuing education shall be granted is earned for each 50 to 60 minutes spent identifying, researching, and resolving the issue or event. A maximum of 10 5 hours of continuing education may be earned for this activity in each renewal period.

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(g)

Participating on a state or national committee, board, council, or association related to the field of massage therapy. A committee, board, council, or association is considered acceptable by the board if it enhances the participant’s knowledge and understanding of the field of massage therapy.

 

If audited, the licensee shall submit documentation verifying the licensee’s participation in at least 50% of the regularly scheduled meetings of the committee, board, council, or association.

Five hours of continuing education shall be granted are earned for each committee, board, council, or association. A maximum of 10 hours of continuing education may be earned for this activity in each renewal period.

 

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(h)

Participating on any of the following:

·         A peer review committee dealing with quality patient care as it relates to the practice of massage therapy.

·         A committee dealing with utilization review as it relates to the practice of massage therapy.

·         A health care organization committee dealing with patient care issues related to the practice of massage therapy.

 

If audited, the licensee shall submit a letter from an organization official verifying the licensee’s participation on the committee.

Five hours of continuing education shall be granted are earned for participating on a committee. A maximum of 10 hours of continuing education may be earned for this activity in each renewal period.

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Providing clinical supervision for students at a supervised student clinic as set forth in R 338.701(i).

 

To receive credit, this activity shall not be part of the licensee’s regular job description.

 

If audited, the licensee shall submit a letter from an authorized official at the agency employing the licensee verifying the licensee’s role and the number of supervision hours the licensee provided.

One hour of continuing education shall be granted for each 50 to 60 minutes of supervision provided. A maximum of 4 hours of continuing education may be earned for this activity in each renewal period.

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(i)

Participating in peer supervision or consultation with professional colleagues.

 

If audited, the licensee shall submit an affidavit from the colleague that was involved in the peer supervision or consultation. The affidavit shall must attest to the licensee’s role and the number of hours the licensee spent participating in these activities.

 

One hour of continuing education shall be granted is earned for each 50 to 60 minutes of participation. A maximum of 6 hours of continuing education may be earned for this activity in each renewal period.

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(j)

Participating in case conferences, including multidisciplinary conferences, for training purposes.

 

If audited, the licensee shall submit a letter from the administrative or clinical supervisor verifying the types of conferences and the number of hours the licensee spent participating in the conferences.

 

One hour of continuing education shall be granted is earned for each 50 to 60 minutes of participation. A maximum of 4 hours of continuing education may be earned for this activity in each renewal period.

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(k)

Providing individual supervision for a student in supervised curriculum beyond the hours required by R 338.722. Supervision provided as part of a disciplinary sanction may be included under this activity.

 

If audited, the licensee shall submit an affidavit from the student who received the supervision. The affidavit shall must attest to the licensee’s role as a supervisor and the number of hours the licensee spent providing supervision to the student.

 

One hour of continuing education shall be granted is earned for each 50 to 60 minutes of supervision provided beyond the hours of supervision required per month. A maximum of 6 hours of continuing education may be earned for this activity in each renewal period.

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(l)

Participation in a panel discussion relevant to the practice of massage therapy in an approved continuing education program or an organized health care setting.

 

If audited, the licensee shall submit documentation from the organizer of the panel discussion verifying the topic of the panel discussion and the number of hours the licensee spent participating in the discussion.

 

One hour of continuing education shall be granted is earned for each 50 to 60 minutes spent participating in the panel discussion. A maximum of 4 hours of continuing education may be earned for this activity in each renewal period.

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(m)

Maintenance of Obtaining a new or participation in training to maintain a current cardiopulmonary resuscitation or bloodborne pathogen certification. (cpr) card.

 

If audited, the licensee shall submit a copy of a certificate of completion showing the licensee’s name, number of continuing education hours earned, sponsor name, and the date on which the program was held or activity completed.

One hour of continuing education shall be granted is earned for each 50 to 60 minutes of participation. A maximum of 4 hours of continuing education may be earned for this activity in each renewal period.

 

PART 5.  STANDARDS OF PRACTICE  PROFESSIONAL ETHICS

 

R 338.751  Prohibited conduct Professional ethics.

  Rule 51.  Prohibited conduct includes, but is not limited to, the following acts or omissions by an individual licensed under these rules A licensee shall maintain professional boundaries and exercise professional ethics in all interactions including, but not limited to, the following:

  (a)  The licensee shall provide high quality care within Practicing outside of the boundaries of the licensee’s professional competence, based on education, training, and experience. This includes, but is not limited to, the licensee only providing massage therapy services without ensuring  that ensure the safety, comfort, and privacy of and benefit to the client. The licensee shall refer the client to other healthcare professionals when appropriate for the client’s health and well-being.

  (b)  The licensee shall respect the client’s right to modify or discontinue any massage therapy treatment at any time.

  (b) (c)  The licensee shall not engage Engaging in harassment or unfair discrimination based on age, gender, gender identity, race, ethnicity, national origin, religion, sexual orientation, disability, or any basis proscribed by law.

  (d)  The This requirement does not prevent a licensee from terminating shall terminate a massage therapy session with someone or refusing to treat any person a client who suggests or requests that the licensee engage in conduct that is inappropriate, unsafe, or unethical. 

  (c) (e)  The licensee shall not solicit Soliciting or engaging engage in a sexual relationship conduct with a current client, supervisee, or student.

  (d) (f)  The licensee shall not exploit Exploiting a current or former client, supervisee, or student to further the licensee’s personal, religious, political, business, or financial interests.

  (g)  The licensee shall keep and maintain an understandable record for each client in compliance with the requirements of section 16213 of the code, MCL 333.16213.  

 

R 338.752  Client records.  Rescinded.

  Rule 52.  (1)  A licensee shall maintain a legible client record for each client, which accurately reflects the licensee’s assessment and treatment of the client. Entries in the client record shall be made in a timely fashion.

  (2)  The client record shall contain all of the following information:

     (a)  The name of the massage therapist providing treatment.

     (b)  The client’s full name, address, date of birth, gender, and other information sufficient to identify the client.

     (c)  If the client is less than 18 years of age, written permission of either a parent or guardian for the minor client’s receipt of massage therapy.

    (d)  Information identifying any pre-existing conditions the client may have or verification that the client has no pre-existing conditions.

    (e)  Dates of service and date of entry in the client record.

    (f)  A client record entry for an initial client visit that includes all of the following:

      (i)  History, including description of presenting condition.

(ii)  Therapeutic assessment, if applicable.

(iii)  Treatment or care provided, if applicable. Outcome, if available.

    (g)  A client record entry for subsequent assessments, treatments, or care provided that includes all of the following:

      (i)  Change in condition.

(ii)  Therapeutic assessment, if applicable.

(iii)  Treatment or care provided, if applicable. Outcome, if available.

    (h)  If applicable, a referral to another health care provider.

  (3)  For massage therapy treatment provided at a special event, a licensee shall maintain a client record that satisfies the requirements of subrules (1) and (2) of this rule or an abbreviated client record, as specified in subrule (4) of this rule. For purposes of this subrule, “special event” means any of the following:

    (a)  A charitable, community, or sporting events.

    (b)  One-time events.

    (c)  Massages performed at any location that are 20 minutes or less in duration.

  (4)  An abbreviated client record allowed under subrule (3) of this rule shall consist of, at a minimum, a completed intake form that contains all of the following information:

    (a)  The client’s full name, date of birth, and an address or telephone number where the client can be contacted.

    (b)  The information listed in subrule (2)(a), (c), (d) and (e) of this rule.

  (5)  In addition to complying with the requirements of this rule, a licensee shall retain client records as required under section 16213 of the code, MCL 333.16213.