SB 496 — Removing reflexology and other energy-based work from definition of "massage therapy"

SB496WEST HVIRGINIA GOLEGISLATURE AMREGULAR #1WisemanSESSION 3295 TheEnrolled CommitteeSenate onBill Government496 OrganizationBYS movedENATORTHORNE toANRUCKER amend[Passed theApril bill10, on2025; page 1 by striking everything after the enacting clause and inserting in lieu thereof the following:

“ARTICLEin 37.effect 90 days from passage (July 9, 2025)] Enr SB 496 AN ACT to amend and reenact §30-37-2 of the Code of West Virginia, 1931, as amended, relating to massage therapists;

and clarifying the definition of “massage therapy”.

Be it enacted by the Legislature of West Virginia:

ARTICLE 37.

  §30-37-2.

(a) "Board" means the West Virginia Massage Therapy Licensure Board.(b)Board. "Massage therapist" means a person licensed to practice the health care service of massage therapy under this article who practices or administers massage therapy to a client of either gender for compensation.

No(b) person"Massage licensedtherapist" bymeans the massage therapy licensure board may be referred to as a primaryperson carelicensed provider nor be permitted to usepractice suchthe designation.(c) "Massage therapy" means a health care service whichof ismassage atherapy scientificunder andthis skillfularticle manipulationwho ofpractices soft tissue for therapeutic or remedialadministers purposes,massage specificallytherapy forto improvinga muscleclient tone,of circulation,either promotinggender healthfor andcompensation. physical well-being.

No person licensed by the massage therapy licensure board may be referred to as a primary care provider nor be permitted to use such designation.

(c) "Massage therapy" means a health care service which is a scientific and skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone, circulation, promoting health and physical well-being.

Massage therapy does not include diagnosis or service which requires a license to practice medicine or surgery, osteopathic medicine, chiropractic, or podiatry, and does not include service performed by nurses, occupational therapists, or physical therapists, or reflexologists who act under their own professional license, certificate, or registration, or energy work practitioners (including reiki, qigong, and sound healing).(d)healing). "Massage establishment" means a place of business wherein massage therapy is practiced, with a physical site or premise, including mobile sites, licensed as required by this article, in which licensed massage therapists are employees or contractors practicing massage therapy on clients.(e) "Sole practitioner" means a licensed massage therapist who is licensed pursuant to this article, who is not an employee or contractor of the sole practitioner or an establishment, and who provides massage therapy to clients at a specific location including, but not limited to, a rental space, home office space, offsite, or onsite space.” AdoptedRejected

(d) "Massage establishment" means a place of business wherein massage therapy is practiced, with a physical site or premise, including mobile sites, licensed as required by this Enr SB 496 article, in which licensed massage therapists are employees or contractors practicing massage therapy on clients.

(e) "Sole practitioner" means a licensed massage therapist who is licensed pursuant to this article, who is not an employee or contractor of the sole practitioner or an establishment, and who provides massage therapy to clients at a specific location including, but not limited to, a rental space, home office space, offsite, or onsite space.

Enr SB 496 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

...............................................................

Clerk of the Senate ...............................................................

Clerk of the House of Delegates Originated in the Senate.

In effect 90 days from passage.

...............................................................

President of the Senate ...............................................................

Speaker of the House of Delegates __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2025.

.............................................................

Governor 3