§ 20-206b — Practice restricted to licensed persons. Qualifications. Application and renewal. Fees. Exceptions. Medical referral required. Penalty for practice or use of title by unlicensed person. Penalty for knowing and wilful employment of unlicensed person.

Connecticut § 20-206b

• Jurisdiction: Connecticut
• Title 20: Professional and Occupational Licensing, Certification, Title Protection and Registration. Examining Boards
• Ch. 384a: Massage Therapists

Text

(a)(1) No person shall engage in the practice of massage therapy unless the person has obtained a license from the department pursuant to this section. Each person seeking licensure as a massage therapist shall make application on forms prescribed by the department, pay an application fee of three hundred seventy-five dollars and present to the department satisfactory evidence that the applicant: (A) Has graduated from a school of massage therapy offering a course of study of not less than five hundred classroom hours, with the instructor present, that, at the time of the applicant's graduation, had a current school code assigned by the National Certification Board for Therapeutic Massage and Bodywork and was either (i) accredited by an agency recognized by the United States Department of Education or by a state board of postsecondary technical trade and business schools, or (ii) accredited by the Commission on Massage Therapy Accreditation, and (B) has passed an examination prescribed by the department. The National Certification Board for Therapeutic Massage and Bodywork's national examination for state licensing option shall not satisfy the examination requirements for a person seeking licensure pursuant to this section. (2) Each person seeking licensure as a massage therapist on and after October 1, 2019, shall (A) notwithstanding the provisions of subparagraph (A) of subdivision (1) of this section, have graduated from a school of massage therapy offering a course of study of not less than seven hundred fifty classroom hours, with the instructor present, that, at the time of the applicant's graduation, has a current school code assigned by the National Certification Board for Therapeutic Massage and Bodywork and was either (i) accredited by an agency recognized by the United States Department of Education or by a state board of postsecondary technical trade and business schools, or (ii) accredited by the Commission on Massage Therapy Accreditation, and (B) in addition to the requirement set forth in subparagraph (B) of subdivision (1) of this subsection, have completed not less than sixty hours of unpaid and supervised clinical or internship experience. (b) Licenses shall be renewed once every two years in accordance with the provisions of section 19a-88 . The fee for renewal shall be two hundred fifty-five dollars. No license shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this or any other state or jurisdiction. Any certificate granted by the department prior to June 1, 1993, shall be deemed a valid license permitting continuance of profession subject to the provisions of this chapter. (c) (1) Notwithstanding the provisions of subsection (a) of this section, the department may issue a license to an applicant whose school of massage therapy does not satisfy the requirement of subparagraph (A) or (B) of subdivision (1) or (2) of said subsection (a), provided the school held, at the time of the applicant's graduation, a certificate issued by the Commissioner of Education pursuant to section 10-7b and provided the applicant graduated within thirty-three months of the date such school first offered the curriculum completed by the applicant. No license shall be issued under this subsection to a graduate of a school that fails to apply for and obtain accreditation by (A) an accrediting agency recognized by the United States Department of Education, or (B) the Commission on Massage Therapy Accreditation within thirty-three months of the date such school first offered the curriculum. (2) Notwithstanding the provisions of subsection (a) of this section and subdivision (1) of this subsection, the department may issue a license to an applicant who submits evidence satisfactory to the commissioner that the applicant (A) was enrolled, on or before July 1, 2005, in a school of massage therapy that was approved or accredited by a state board of postsecondary technical trade and business schools or a state agency recognized as such state's board of postsecondary technical trade and business schools, (B) graduated from a school of massage therapy with a course of study of not less than five hundred classroom hours, with the instructor present, that at the time of the applicant's graduation was approved or accredited by a state board of postsecondary technical trade and business schools or a state agency recognized as such state's board of postsecondary technical trade and business schools, and (C) has passed an examination prescribed by the department. (d) Each person licensed pursuant to this section has an affirmative duty to make a written referral to a licensed healing arts practitioner, as defined in section 20-1 , of any client who has any physical or medical condition that would constitute a contraindication for massage therapy or that may require evaluation or treatment beyond the scope of massage therapy. (e) No person shall use the title “massage therapist”, “licensed massage therapist”, “massage practitioner”, “massagist”, “masseur” or “masseuse”, unless the person holds a license issued in accordance with this section or other applicable law. (f) Notwithstanding the provisions of subsection (a) of this section, the commissioner may issue a license to an out-of-state applicant who submits evidence satisfactory to the commissioner of either: (1) (A) A current license to practice therapeutic massage from another state or jurisdiction, (B) documentation of practice for at least one year immediately preceding application, and (C) successful completion of the examination prescribed pursuant to subsection (a) of this section; or (2) (A) (i) on or before October 1, 2019, graduation from a school of massage therapy offering a course of study of not less than five hundred classroom hours, with the instructor present, and, at the time of the applicant's graduation, was either (I) accredited by an agency recognized by the United States Department of Education or by a state board of postsecondary technical trade and business schools, or (II) accredited by the Commission on Massage Therapy Accreditation, or (ii) on and after October 1, 2019, graduation from a school of massage therapy offering a course of study of not less than seven hundred fifty classroom hours, with the instructor present, and, at the time of the applicant's graduation, was either (I) accredited by an agency recognized by the United States Department of Education or by a state board of postsecondary technical trade and business schools, or (II) accredited by the Commission on Massage Therapy, (B) successful completion of the examination prescribed pursuant to subsection (a) of this section, and (C) on and after October 1, 2019, completion of not less than sixty hours of unpaid and supervised clinical or internship experience. (g) Any person who violates the provisions of subsection (a) or (e) of this section shall be guilty of a class C misdemeanor. (h) Any employer who knowingly and wilfully employs a person who is in violation of the provisions of subsection (a) or (e) of this section to engage in massage therapy shall be guilty of a class C misdemeanor.

Legislative History

(P.A. 88-362, S. 7; P.A. 92-202, S. 2, 5; P.A. 93-296, S. 2, 10; P.A. 94-210, S. 24, 30; May 25 Sp. Sess. P.A. 94-1, S. 121, 130; P.A. 95-328, S. 1, 4; P.A. 97-213, S. 11, 13; P.A. 98-166, S. 8, 9; P.A. 99-126, S. 1; June Sp. Sess. P.A. 01-4, S. 49, 58; June 30 Sp. Sess. P.A. 03-3, S. 21; P.A. 04-221, S. 35; P.A. 07-35, S. 2; 07-217, S. 85; P.A. 09-182, S. 1; June Sp. Sess. P.A. 09-3, S. 217; P.A. 12-64, S. 1; 12-197, S. 15; P.A. 15-3, S. 1; 15-244, S. 126; June Sp. Sess. P.A. 15-5, S. 474; P.A. 18-168, S. 63.) History: P.A. 92-202 amended Subsec. (a) to add provisions that no person may practice after October 1, 1993, without a license, to raise the fee to $300, to add a renewal fee of $100 and to make provisions for those currently practicing under certificates and amended Subsecs. (b) and (c) to replace “certified” with “licensed”, effective June 1, 1993; P.A. 93-296 amended Subsec. (a) to extend date from October 1, 1993, to February 1, 1994, and to add Commission on Massage Training Accreditation/Approval, inserted new Subsec. (b) re exceptions to Subsec. (a) requirements and relettered former Subsecs. (b) and (c) accordingly, effective June 29, 1993; P.A. 94-210 amended Subsec. (a) to change February 1, 1994, to June 30, 1994, effective June 9, 1994; May 25 Sp. Sess. 94-1 amended Subsec. (a) to add February 1, 1994 as end date for meeting Subdiv. (1) or (2) requirements, effective July 1, 1994; P.A. 95-328 expanded acceptable accrediting agencies in Subsec. (a) to include those recognized by a state and added as an alternative examination one approved by the American Massage Therapy Association prior to July 1, 1995, effective July 13, 1995; P.A. 97-213 amended Subsec. (a)(1) to substitute “graduated from a school of massage therapy offering” for “successfully completed”, required that, for purposes of Subparas. (A) and (B), school be accredited at the time of the applicant's graduation, rewrote provisions and made technical changes, amended Subsec. (a)(2) to delete exception for certain applicants prior to June 30, 1994, and added new Subsec. (e) to allow commissioner to issue license to certain applicants who apply not later than October 1, 1997, effective June 26, 1997; P.A. 98-166 amended Subsec. (e) by deleting reference to licensure based on a foreign degree prior to October 1, 1997, added new Subdiv. (1) re Connecticut license based on foreign license, certification or training, renumbered former Subdiv. (1) as Subdiv. (2) allowing Connecticut licensure based on foreign license, certification or training provided application is prior to October 1, 1998, effective June 4, 1998; P.A. 99-126 amended Subsec. (a)(1)(A) by replacing “and approved by the American Massage Therapy Association” with “or by a state board of postsecondary technical trade and business schools” amended Subsec. (a)(1)(B) by replacing “Training Accreditation/Approval” with “Therapy Accreditation”, amended Subsec. (a)(2) by replacing “an examination prescribed by the department or has passed a national certification examination approved by the American Massage Therapy Association prior to July 1, 1995” with “the National Certification Examination for Therapeutic Massage and Bodywork”, divided Subsec. (a) into Subsecs. (a) and (b) and relettered the remaining Subsecs., amended Subsec. (b) by changing “state or territory” to “state or jurisdiction”, amended Subsec. (c) by dividing qualifications into Subdivs. (1) and (2), deleting “and either accreditation or approval by” in Subdiv. (1) and replacing “Training Accreditation/Approval” with “Therapy Accreditation” in Subdiv. (2), amended Subsec. (f)(1) by replacing “a license, certification or training with focus on” with “a current license to practice”, deleted former Subsec. (f)(2) that allowed licensure based on foreign license, certification or training, deleted former Subsec. (f)(3) that allowed licensure based on licensure as a nurse with certification as a neuromuscular therapist or by the National Certification Board for Massage and Body Work, added new Subsec. (f)(2) re documentation of practice for at least one year immediately preceding application, added new Subsec. (f)(3) re successful completion of the National Certification Examination for Therapeutic Massage and Bodywork and made technical changes; June Sp. Sess. P.A. 01-4 amended Subsec. (f) by changing “applicant” to “out-of-state applicant”, designating existing Subdivs. (1) to (3) as Subdivs. (1)(A) to (1)(C) and adding new Subdiv. (2) re alternative licensing requirements, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (b) by changing license renewal from annually to biennially and increasing renewal fee from $100 to $200, effective January 1, 2004; P.A. 04-221 amended Subsec. (c) by designating existing provisions as Subdiv. (1), making a technical change therein, and adding Subdiv. (2) re alternative qualifications for licensure, effective June 8, 2004; P.A. 07-35 deleted Connecticut licensed massage therapist and added massage therapist, licensed massage therapist, massage practitioner, massagist, masseur or masseuse in Subsec. (e), effective January 1, 2008; P.A. 07-217 made technical changes in Subsec. (c)(1), effective July 12, 2007; P.A. 09-182 added Subsec. (g) re penalty for violation of Subsec. (a) or (e); June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fee from $300 to $375 and amended Subsec. (b) to increase fee from $200 to $250; P.A. 12-64 added Subsec. (h) re penalty for knowing and wilful employment of unlicensed person; P.A. 12-197 amended Subsec. (a) by adding requirement that school from which person graduated had a current code assigned by the National Certification Board for Therapeutic Massage and Bodywork in Subdiv. (1) and adding provision re national examination for state licensing option not to satisfy examination requirements; P.A. 15-3 amended Subsecs. (a)(2), (c)(2)(C) and (f) by replacing references to National Certification Examination for Therapeutic Massage and Bodywork with references to an examination and made conforming changes, effective April 16, 2015; P.A. 15-244 amended Subsec. (b) to increase renewal fee from $250 to $255, effective July 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 126, from July 1, 2015, to October 1, 2015, and applicable to the renewal of a license or certificate that expires on or after that date, effective June 30, 2015; P.A. 18-168 amended Subsec. (a) by designating existing provisions re person seeking licensure as massage therapist as new Subdiv. (1), and redesignating existing Subdivs. (1) and (2) as new Subparas. (A) and (B), adding new Subdiv. (2) re person seeking licensure as massage therapist on and after October 1, 2019, amended Subsec. (f)(2) by adding new clause (ii) re graduation from school of massage therapy on and after October 1, 2019, and adding Subpara. (C) re clinical or internship experience on and after October 1, 2019, and made conforming changes.