Senate Bill No. 163
(By Senator Wooton)
[Introduced January 16, 1998; referred to the Committee
on Health and Human Resources.]
A BILL to amend and reenact section eleven, article thirty-seven,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to exemptions
from regulation by the massage therapy licensure board; and
providing an exemption for certified or registered nursing
assistants when providing therapeutic massages in beauty
salons or day spas.
Be it enacted by the Legislature of West Virginia:
That section eleven, article thirty-seven, chapter thirty
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 37. MASSAGE THERAPISTS.
Nothing in this article
may be construed to prohibit
prohibits or otherwise limit limits:
(1) The practice of a profession by persons who are licensed, certified or registered under the laws of this state
and who are performing services within their authorized scope of
practice. Persons exempted under this subdivision include, but
are not limited to, those licensed, certified or registered to
practice within the scope of any branch of medicine, nursing,
osteopathy, chiropractic and podiatry, as well as licensed,
certified or registered barbers, cosmetologists, athletic
trainers, physical and occupational therapists; and any student
of a West Virginia state college system certified or authorized
massage therapy school,
provided that if the student does not
hold himself or herself out as a licensed massage therapist; and
(2) The activities of any resort spa that has been operating
on a continuing basis since the first day of January, one
thousand nine hundred seventy-five, or any employees thereof.
The exemption set forth in this subsection does not extend to any
person, corporation or association providing escort services,
nude dancing, or other sexually oriented services not falling
within the scope of massage therapy as defined in this article,
irrespective of how long the person, corporation or association
has been in operation; and
(3) Certified or registered nursing assistants from
providing therapeutic massages in beauty salons or day spas.
NOTE: The purpose of this bill is to exempt registered or
certified nursing assistants from regulation by the West Virginia Massage Therapy Licensure Board when providing therapeutic
massages in beauty salons or day spas.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.