Virginia Regulatory Town Hall

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Action:
Periodic review
Stage: Fast-Track
 
18VAC90-50-10

Part I
General Provisions

18VAC90-50-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Board of Nursing.

"Category A" means continuing education courses or programs offered by an organization or individual approved as a provider by the NCBTMB.

"Category B" means continuing education courses, programs or experiences that are related to the clinical practice of massage therapy but which may not be offered by a provider approved by the NCBTMB.

"Certified massage therapist" means a person who meets the qualifications specified in this chapter and who is currently certified by the board. Only someone who is certified by the board as a massage therapist may use any designation tending to imply that he is a certified massage therapist or massage therapist.

"Massage therapy" means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. The terms "massage therapy" and "therapeutic massage" do not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture, or podiatry is required by law.

"NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork.

Statutory Authority

§ 54.1-2400, 54.1-103 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002.

Amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008.

18VAC90-50-40

Part II
Requirements for Certification

18VAC90-50-40. Initial certification.

A. An applicant seeking initial certification shall submit a completed application and required fee and verification of meeting the requirements of § 54.1-3029 A of the Code of Virginia as follows:

1. Is at least 18 years old;

2. Has successfully completed a minimum of 500 hours of training from a massage therapy program, having received programmatic approval from the Virginia Board of Education, Division of Proprietary Schools, or been certified or approved by the Virginia Board of Education, Division of Proprietary Schools; certified or approved by the State Council of Higher Education or an agency in another state, the District of Columbia or a United States territory that approves educational programs, notwithstanding the provisions of § 22.1-320 of the Code of Virginia;

3. Has passed the National Certification Exam for Therapeutic Massage and Bodywork, the National Certification Exam for Therapeutic Massage, or an exam deemed acceptable to the board leading to national certification; and

4. Has not committed any acts or omissions that would be grounds for disciplinary action or denial of certification as set forth in § 54.1-3007 of the Code of Virginia and 18VAC90-50-90.

B. No application for certification under provisions of § 54.1-3029 B of the Code of Virginia shall be considered unless submitted prior to July 1, 1998.

C. An applicant who has been licensed or certified in another country and who, in the opinion of the board, meets the educational requirements shall take and pass the national certifying examination as required in subsection A of this section in order to become certified.

Statutory Authority

§ 54.1-2400, 54.1-103 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002.

Amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008.

18VAC90-50-75

18VAC90-50-75. Continuing competency requirements.

A. In order to renew a certificate biennially on and after January 15, 2005, a certified massage therapist shall:

1. Hold current certification by the NCBTMB; or

2. Complete at least 25 24 hours of continuing education or learning activities with at least one hour in professional ethics. Hours chosen shall be those that enhance and expand the skills and knowledge related to the clinical practice of massage therapy and may be distributed as follows:

a. A minimum of 12.5 12 of the 25 24 hours shall be in Category A activities or courses provided by an NCBTMB-approved provider and may include seminars, workshops, home study courses, and continuing education courses.

b. No more than 12.5 12 of the 25 24 hours may be Category B activities or courses that may include consultation, independent reading or research, preparation for a presentation, a course in cardiopulmonary resuscitation or other such experiences that promote continued learning.

B. A massage therapist shall be exempt from the continuing competency requirements for the first biennial renewal following the date of initial certification in Virginia.

C. The massage therapist shall retain in his records the completed form with all supporting documentation for a period of four years following the renewal of an active certificate.

D. The board shall periodically conduct a random audit of certificate holders to determine compliance. The persons selected for the audit shall provide evidence of current NCBTMB certification or the completed continued competency form provided by the board and all supporting documentation within 30 days of receiving notification of the audit.

E. Failure to comply with these requirements may subject the massage therapist to disciplinary action by the board.

F. The board may grant an extension of the deadline for continuing competency requirements, for up to one year, for good cause shown upon a written request from the certificate holder prior to the renewal date.

G. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the certificate holder, such as temporary disability, mandatory military service, or officially declared disasters.

Statutory Authority

§ 54.1-2400, 54.1-103 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002.

Amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008.

18VAC90-50-80

18VAC90-50-80. Reinstatement of certificates.

A. A massage therapist whose certificate has lapsed may reinstate his certification within one renewal period by attesting to completion of continuing competency requirements for the period and payment of the current renewal fee and the late renewal fee.

B. A massage therapist whose certificate has lapsed for more than one renewal period shall file a reinstatement application, attest to completion of continuing competency requirements for the period in which the certificate has been lapsed, not to exceed four years, and pay the reinstatement fee.

C. A massage therapist whose certificate has been suspended or revoked may apply for reinstatement by filing a reinstatement application meeting the requirements of subsection B of this section, and paying the fee for reinstatement after suspension or revocation.

D. The board may require evidence that the massage therapist is prepared to resume practice in a competent manner.

Statutory Authority

§ 54.1-2400, 54.1-103 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002.

Amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008.

18VAC90-50-90

Part IV
Disciplinary Provisions

18VAC90-50-90. Disciplinary provisions.

The board has the authority to deny, revoke or suspend a certificate issued by it or to otherwise discipline a certificate holder upon proof that the practitioner has violated any of the provisions of § 54.1-3007 of the Code of Virginia or of this chapter or has engaged in the following:

1. Fraud or deceit which shall mean, but shall not be limited to:

a. Filing false credentials;

b. Falsely representing facts on an application for initial certification, or reinstatement or renewal of a certificate; or

c. Misrepresenting one's qualifications including scope of practice.

2. Unprofessional conduct which shall mean, but shall not be limited to:

a. Performing acts which constitute the practice of any other health care profession for which a license or a certificate is required or acts which are beyond the limits of the practice of massage therapy as defined in § 54.1-3000 of the Code of Virginia;

b. Assuming duties and responsibilities within the practice of massage therapy without adequate training or when competency has not been maintained;

c. Failing to acknowledge the limitations of and contraindications for massage and bodywork or failing to refer patients to appropriate health care professionals when indicated;

d. Initiating or engaging in any sexual conduct involving a patient Entering into a relationship with a patient or client that constitutes a professional boundary violation in which the massage therapist uses his professional position to take advantage of the vulnerability of a patient, a client or his family, to include but not limited to actions that result in personal gain at the expense of the patient or client, a nontherapeutic personal involvement or sexual conduct with a patient or client;

e. Falsifying or otherwise altering patient or employer records;

f. Violating the privacy of patients or the confidentiality of patient information unless required to do so by law;

g. Employing or assigning unqualified persons to practice under the title of "massage therapist" or "certified massage therapist";

h. Engaging in any material misrepresentation in the course of one's practice as a massage therapist; or

i. Failing to practice in a manner consistent with the code of ethics of the NCBTMB, as incorporated by reference into this chapter with the exception of the requirement to follow all policies, procedures, guidelines, regulations, codes, and requirements promulgated by the NCBTMB.

Statutory Authority

§ 54.1-2400, 54.1-103 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 24, eff. September 17, 1997; amended, Virginia Register Volume 19, Issue 7, eff. January 15, 2003; Errata, 19:8 VA.R. 1273 December 30, 2002.

Amended, Virginia Register Volume 25, Issue 4, eff. December 11, 2008.