HB 386 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

Summary

Section 1 of this Act revises the definition of “massage establishment” by repealing the exemption for all business establishments licensed under other chapters of Title 24. This exemption allows a massage practitioner to work in a licensed cosmetology shop that does not hold a massage establishment license. In that situation, the cosmetology shop can have an identified professional-in-charge responsible for the operation of the cosmetology shop and its employees, but that individual is not responsible for the massage practitioners. This means that the professional-in-charge responsible for the cosmetology shop cannot be held responsible for the wrongful actions of a massage practitioner, which adversely impacts the disciplinary process. With this exemption repealed, a cosmetology shop offering massage services is required to have both a massage establishment license and a licensed massage practitioner as the professional-in-charge responsible for the actions of all massage practitioners providing services on the premises. Section 2 of this Act increases the minimum hours of education required for licensed massage therapists for students who begin their massage therapy education on or after July 1, 2024, from 500 hours to 625 hours and makes corresponding revisions to the required curriculum hours for each subject. This increase in hours is required by changes in the federal Department of Education regulations for student eligibility for Title IV financial aid, including the elimination of the “150% rule”. Instead, school hours must match the curriculum hours required for licensure by the state. However, programs that require less than 600 hours are not eligible for Title IV financial aid. This change is consistent with the recommendation of the Federation of State Massage Therapy Boards that 625 curriculum hours are appropriate to adequately train massage therapists to practice safely and competently. Section 1 of this Act takes effect upon enactment, but Section 2 of this Act takes effect on or before July 1, 2024, to align with the effective date of the federal Department of Education regulations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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The bill amends the definition of 'massage establishment' and increases educational requirements for licensure as a massage therapist.

• § 5302

  The term 'massage establishment' shall not include any

  Removes the exemption for certain business establishments, requiring all businesses offering massage services to be licensed as massage establishments.

• § 5308

  500 hours of supervised in-class study as a student in a school which trains massage or bodywork therapists → 625 hours of supervised in-class study as a student in a school which trains massage or bodywork therapists

  Increases the minimum education requirement for new massage therapy students starting on or after July 1, 2024.

• § 5308

  100 1. One hundred hours of anatomy and physiology; → 1. One hundred hours of anatomy and physiology.

  Standardizes the formatting of the requirement regarding hours of study in anatomy and physiology.

• § 5308

  300 2. Three hundred hours of technique and theory of massage or bodywork therapy; → 2. Three hundred hours of technique and theory of massage or bodywork therapy.

  Standardizes the formatting of the requirement regarding hours of study in technique and theory.

• § 5308

  75 3. Seventy-five hours of elective courses in the field of massage therapy; → 3. Two hundred hours of elective courses in the field of massage therapy.

  Increases the required hours for elective courses in massage therapy for applicants starting on or after July 1, 2024.

• § 5308

  25 4. Twenty-five hours of ethics, law law, and contraindications; → 4. Twenty-five hours of ethics, law, and contraindications.

  Standardizes the formatting of the requirement regarding hours of study in ethics, law, and contraindications.

• § 5308

  Individuals who have lower limb amputee status are exempt from the requirement to possess current CPR certification shall be allowed for persons who have lower limb amputee status; → An exception from Individuals who have lower limb amputee status are exempt from the requirement to possess current CPR certification.

  Clarifies the exemption for individuals with lower limb amputee status regarding CPR certification.

• § 5308

  the applicant’s criminal history reports have been produced. → the applicant’s criminal history reports have been produced; An applicant whose record shows a prior criminal conviction that is substantially related to the practice of massage and bodywork may not be licensed by the Board unless a waiver is granted pursuant to under paragraph (a)(9) of this section.

  Clarifies the process related to criminal history for applicants seeking licensure.

• § 5308

  May not be licensed to practice as a massage therapist until

  Specifies that applicants cannot be licensed until their criminal history is assessed.

• § 5308

  a felony sexual offense; offense.

  Reiterates that waivers may not be granted for felony sexual offenses.

Action History

1. August 29, 2024

   Signed by Governor

2. June 26, 2024

   Passed By Senate. Votes: 21 YES

3. June 18, 2024

   Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 5 On Its Merits

4. May 23, 2024

   Assigned to Legislative Oversight & Sunset Committee in Senate

5. May 23, 2024

   Passed By House. Votes: 37 YES 4 ABSENT

6. May 14, 2024

   Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 4 On Its Merits

7. May 07, 2024

   Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Sponsors

• John "Jack" Walsh · Primary
• Nicole Poore · Primary
• Brian Pettyjohn · Primary
• Sophie Phillips · Primary

Votes

Subjects