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(9) 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 338.732, 338.735, R 338.736, R 338.737, R 338.738, and R 338.739 of the Michigan Administrative Code are amended, as follows:
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 333.17060, an individual
who is licensed or seeking licensure shall have completed 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 peer-review journal, health care journal, or professional or
scientific journal.
(c) Acceptable modalities of training 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 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 the 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 to all license renewals and for initial licenses
issued after March 14, 2022.
R 338.735 Initial
Licensure 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 the these rules promulgated
under the code, 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 the rules promulgated under
the code, the applicant shall satisfy all both 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.
R 338.737 Licensure by endorsement; requirements.
Rule 37. (1)
An applicant for a license by endorsement, pursuant to section 17959(2) of
the code, MCL 333.17959, shall hold an active massage therapist license in
good standing or registration in another state, country,
jurisdiction, territory, or province at the time of application. In addition
to meeting the requirements of the code and the administrative rules promulgated
under the code, the applicant shall submit a completed application on a
form provided by the department together with the required fee and shall satisfy
all of the following requirements as noted by (√) below: be of good moral
character,
and be at least 18 years of age.
(2) The
applicant 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.
(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 satisfy 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.
(5) An applicant
shall have his or her license, certification, or registration in good standing verified
by the licensing, certifying, or registering agency of each state, country,
jurisdiction, territory, or province in which the applicant holds, or has ever
held, a license, certification, or registration as a massage therapist. If
applicable, verification must include the record of any disciplinary action
taken or pending against the applicant.
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Licensed for less than 3 years. |
Licensed 3 years or more. |
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(a) |
Establish that he or she is of good moral character as defined and determined under 1974 PA 381, MCL 338.41 to 338.47. |
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(b) |
Establish that he or she is at least 18 years of age. |
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(c) |
Submit fingerprints as required under section 16174(3) of the code, MCL 333.16174. |
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(d) |
Have satisfied 1 of the following requirements: (i) Have successfully completed a supervised curriculum that satisfies the requirements in R 338.722 or R 338.722a, as applicable. (ii) Have provided evidence that the applicant has 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. |
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(e) |
Achieve a passing score on an examination adopted under R 338.734. |
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(f) |
Comply with both of the following: (i) Disclose each license, registration, or certification in a health profession or specialty issued by another state, the United States military, the federal government, or another country on the application form. (ii) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
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R 338.738 Relicensure.
Rule 38. (1) An
applicant whose license has lapsed may be relicensed under section 16201(3)
or (4) of the code, MCL 333.16201, as applicable, if the applicant meets the
requirements of the code, the administrative rules promulgated under the code,
and satisfies the following requirements as noted by a (√)
upon
submission
of the appropriate
documentation as noted in the table below:
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Lapsed less than 3 years |
Lapsed 3 years but
less than 7 years |
Lapsed 7 years or more |
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(i) |
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√
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√
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(ii) |
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√
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√
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√
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(iii) |
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√
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√
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(iv) |
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√
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√
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√
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(v) |
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√
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(vi) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
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√
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√
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Lapsed less than 3 years |
Lapsed
3 years but less than 7 years |
Lapsed 7 years or more |
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(i) |
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√
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√
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√
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(ii) |
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√
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√
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√
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(iii) |
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√
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√
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(iv) |
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√
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√
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√
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(v) |
An applicant who is or has ever been licensed, registered, or certified in a health profession or specialty by another state, the United States military, the federal government, or another country, shall do both of the following: (A) Disclose each license, registration, or certification on the application form. (B) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174, including verification from the issuing entity showing that disciplinary proceedings are not pending against the applicant and sanctions are not in force at the time of application. |
√
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√
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√
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(2) If relicensure is granted and it is determined that a sanction has been imposed by another state, the United States military, the federal government, or another country, the disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of the code, MCL 333.16174.
R 338.739 License renewals; massage therapist; requirements; applicability.
Rule 39. (1) An applicant for license renewal shall satisfy the requirements of R 338.7001 to R 338.7005, and shall accumulate not less than 18 hours of continuing education in activities approved by the board under these rules during each license cycle.
(2) Submission of an application for renewal 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 5 years from the date of application for license renewal. Failure to comply with this rule is a violation of section 16221(h) of the code, MCL 333.16221.
(3) The requirements of this rule do not apply if a licensee has been licensed for less than 3 years.
(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.