Authenticated PDF VersionStatutory Authority: 24 Delaware Code, Section 5306(a)(1) (24 Del.C. §5306(a)(1))
24 DE Admin. Code 5300
After due notice in the Delaware Register of Regulations and two Delaware newspapers, a public hearing was held on June 20, 2013 at a scheduled meeting of the Delaware Board of Massage and Bodywork ("the Board") to receive comments regarding proposed amendments to the Board's rules and regulations. The Board proposed extensive revisions to the rules and regulations. Certain revisions implement amendments to the Board's licensing law, Chapter 53 of Title 24 of the Delaware Code. In particular, all certified massage technicians shall be required to provide clients with client disclosure forms stating that services will be provided by a certified massage technician and not by a licensed massage therapist. This disclosure form will further advise clients that certified massage technicians are not authorized to treat medically diagnosed conditions. The revisions also add Standards of Professional Conduct for licensees and fines for unlicensed practice. The rules and regulations pertaining to continuing education have been revised to specify that, effective the 2014 - 2016 renewal period, all licensees must complete 24 hours of continuing education. Finally, the rules and regulations are updated for clarity and consistency.
The proposed changes to the rules and regulations were published in the Delaware Register of Regulations, Volume 16, Issue 11, on May 1, 2013. Notice of the June 20, 2013 hearing was published in the News Journal (Exhibit 1) and the Delaware State News. Exhibit 2. Pursuant to 29 Del.C. § 10118(a), the date to receive final written comments was July 5, 2013, 15 days following the public hearing. The Board deliberated on the proposed revisions at its regularly scheduled meeting on August 15, 2013.
Board Exhibit 1: News Journal Affidavit of Publication.
Board Exhibit 2: Delaware State News Affidavit of Publication.
Board Exhibit 3: Documentation from the Health and Safety Institute pertaining to CPR certification.
Pursuant to 24 Del.C. §5306(a)(1), the Board has the statutory authority to promulgate rules and regulations. The proposed amendments implement amendments to the Board's licensing law, including addition of the requirement that all certified massage technicians must provide clients with client disclosure forms stating that services will be provided by a certified massage technician and not by a licensed massage therapist. The proposed revisions also add Standards of Professional Conduct for licensees and fines for unlicensed practice. Finally, effective the 2014 - 2016 renewal period, all licensees will be required to complete 24 hours of continuing education. Currently, certified massage technicians are required to complete 12 hours of continuing education.
The Board hereby adopts the proposed amendments to the rules and regulations as effective 10 days following publication of this Order in the Delaware Register of Regulations.
The text of the revised rules and regulations remains as published in the Delaware Register of Regulations, Volume 16, Issue 11, on May 1, 2013.
SO ORDERED this 15th day of August, 2013.
1.1 The term "500 hours of supervised in-class study" as referenced in 24 Del.C. §5308(a)(1) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage or bodywork therapy, and can document that the applicant has successfully completed a curriculum that is substantially the same as referenced in 24 Del.C. §5308(a)(1) and which includes hands-on technique and contraindications as they relate to massage and bodywork. More than one school or approved program of massage or bodywork therapy may be attended in order to accumulate the total 500 hour requirement.
1.2 The term a "300 - hour course of supervised in-class study of massage" as referenced in 24 Del.C. §5309(a)(1) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage or bodywork therapy, and can document that the applicant has successfully completed a 300 hour course which includes no less than sixty hours of anatomy and physiology, one hundred-forty hours of theory and technique and one hundred hours of elective courses in the field of massage therapy as referenced in 24 Del.C. §5309(a)(1).
1.3 The term a “200 hour course of supervised in-class study of massage" as referenced in 24 Del.C. §5309(b) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage or bodywork therapy, and can document that the applicant has successfully completed a 200 hour course which includes no less than fifty hours of anatomy and physiology, one hundred-ten hours of theory and technique, twenty- five hours of ethics, law, and contraindications and fifteen hours of elective courses in the field of massage therapy as referenced in 24 Del.C. §5309(b).
1.4 The Board has jurisdiction over the “practice of massage and bodywork” as defined in 24 Del.C. §5302(6).
1.4.1 “Massage” includes, the following practices or modalities:
1.5.1 “Core course” means a continuing education course with a subject matter within the “practice of massage and bodywork,” which contributes to the professional competency of the massage/bodywork therapist or massage technician. Core courses must be designed to maintain, improve, or expand skills and knowledge or to develop new and relevant skills and knowledge.
1.5.2 “Elective course” means a continuing education course with a subject matter that is outside the “practice of massage and bodywork,” which does not directly contribute to the professional competency of the massage/bodywork therapist or massage technician. Elective courses must have one of the following subject matters: modalities outside the “practice of massage and bodywork,” personal growth and self-improvement, business management, anatomy, or physiology.
1.6 “CPR certification” means a valid Heartsaver® CPR Certification or its equivalent issued by the American Heart Association, a valid Adult CPR Certification or its equivalent issued by the American Red Cross, or a valid Standard CPR Certification or its equivalent issued by the National Safety Council.
2.2 In addition to the application and materials described in regulation 2.1, an applicant for licensure as a massage/bodywork therapist shall have (1) each school or approved program of massage or bodywork where the applicant completed the hours of study required by 24 Del.C. §5308(a)(1) submit to the Board an official transcript or official documentation showing dates and total hours attended and a description of the curriculum completed; and (2) Assessment Systems, Incorporated or its predecessor, submit to the Board verification of the applicant's score on the written examination described in regulation 3.0.
4.2 In addition to the application and materials described in Regulation 4.1, an applicant for certification as a massage technician shall have the school or approved program of massage or bodywork therapy where the applicant completed the hours or study required by 24 Del.C. §5309(a)(1) submit to the Board an official transcript or official documentation showing dates and total hours attended and a description of the curriculum completed.
4.2.1 An applicant for a temporary massage technician certification, in addition to the application and materials described in Regulation 4.1, shall have the school or approved program of massage or bodywork therapy where the applicant completed the hours or study required by 24 Del.C. §5309(b) submit to the Board an official transcript or official documentation showing dates and total hours attended and a description of the curriculum completed.
7.8 Requirements for Return to Active Status. Unless extended by the Board for hardship as defined in regulation 7.6, massage/bodywork therapists and massage technicians returning from inactive status must provide notice to the Board as set forth in regulation 6.2 and must provide adequate proof of the satisfactory completion of 24 hours of Board approved CE within the immediately preceding two-year period prior to the date of the notice to return to active. A massage technician returning from inactive status must provide notice to the Board as set forth in regulation 6.2 and must provide adequate proof of the satisfactory completion of 12 hours of Board approved CE within the immediately preceding two year period prior to the date of the notice to return to active status. CE hours required to return to active status may not be credited towards the hours required for renewal in any other licensing period.
10.1.9 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
10.1.85 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136(a), (b) and (c).
10.1.86 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (LS.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
10.1.88 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
10.1.91 Abuse, neglect, exploitation or mistreatment of infirm adult. 31 Del.C. §3913(a), (b) and (c).
2.1 The term "500 hours of supervised in-class study" as referenced in 24 Del.C. §5308(a)(2) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage or bodywork therapy, and can document that the applicant has successfully completed a curriculum that meets the requirements of 24 Del.C. §5308(a)(2) and which includes hands-on technique and contraindications as they relate to massage and bodywork. More than one school or approved program of massage or bodywork therapy may be attended in order to accumulate the total 500 hour requirement.
2.2 The term a "300 - hour course of supervised in-class study of massage" as referenced in 24 Del.C. §5309(a)(2) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage or bodywork therapy, and can document that the applicant has successfully completed a curriculum that meets the requirements of 24 Del.C. §5309(a)(2).
2.2.1 The 300 hour course must be a unified introductory training program in massage and bodywork, including training in the subjects set forth in 24 Del.C. §5309(a)(2). The entire 300 hour course must be taken at one school or approved program. The Board may, upon request, waive the “single school” requirement for good cause or hardship, such as the closure of a school.
2.3 The term a “200 hour course of supervised in-class study of massage" as referenced in 24 Del.C. §5309(b) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage or bodywork therapy, and can document that the applicant has successfully completed a curriculum that meets the requirements of 24 Del.C. §5309(b).
2.4 “Massage and bodywork” includes, but is not limited to, the following practices or modalities:
2.5.1 “Core course” means a continuing education course with a subject matter within the “practice of massage and bodywork,” which contributes to the professional competency of the massage and bodywork therapist or massage technician. Core courses must be designed to maintain, improve, or expand skills and knowledge or to develop new and relevant skills and knowledge. Ethics is a core course.
2.5.2 “Elective course” means a continuing education course with a subject matter that is outside the “practice of massage and bodywork,” which does not directly contribute to the professional competency of the massage and bodywork therapist or massage technician. Elective courses must have one of the following subject matters: courses outside the “practice of massage and bodywork,” professional growth and improvement, and business practices.
2.6 “CPR certification” means a valid Heartsaver® CPR Certification or its equivalent issued by the American Heart Association, a valid Adult CPR Certification or its equivalent issued by the American Red Cross, or a valid Standard CPR Certification or its equivalent issued by the National Safety Council, or, upon review and approval of the Board, a substantially similar certification taught by a certified instructor. CPR certification cannot be obtained through an on-line course.
A licensee shall notify the Board of any change of address from that registered with the Board. Such notice shall be sent to the Board by certified mail not later than 30 days following the change of address.
4.2 In addition to the application and materials described in Regulation 3.1, an applicant for licensure as a massage and bodywork therapist shall have (1) each school or approved program of massage and bodywork where the applicant completed the hours of study required by 24 Del.C. §5308(a)(2) submit to the Board an official transcript showing dates and total hours attended and a description of the curriculum completed; and (2) the applicable testing agency submit to the Board verification of the applicant's score on the written examination described in Regulation 5.0.
4.4 Renewal. Renewal shall be accomplished online. Applicants for renewal of a massage and bodywork therapist license must maintain a current CPR certification, pay the required renewal fee, and attest to completion of the CE requirements pursuant to Regulation 7.0. License renewal and reactivation for military personnel and military spouses is governed by 29 Del.C. §§8735(p), (q) and (r). Licensees shall maintain current CPR certification throughout the biennial licensure period.
6.2 In addition to the application and materials described in Regulation 6.1, an applicant for certification as a massage technician shall have the school or approved program of massage or bodywork therapy where the applicant completed the hours or study required by 24 Del.C. §5309(a)(2) submit to the Board an official transcript or official documentation showing dates and total hours attended and a description of the curriculum completed.
6.2.1 An applicant for a temporary massage technician certification, in addition to the application and materials described in Regulation 6.1, shall have the school or approved program of massage and bodywork therapy where the applicant completed the hours or study required by 24 Del.C. §5309(b) submit to the Board an official transcript showing dates and total hours attended and a description of the curriculum completed.
6.4 Renewal. Renewal shall be accomplished online. Applicants for renewal of a massage technician certificate must maintain a current CPR certification, pay the required renewal fee, and attest to completion of the CE requirements pursuant to Regulation 7.0. License renewal and reactivation for military personnel and military spouses is governed by 29 Del.C. §§8735(p), (q) and (r). Certificate holders shall be required to maintain current CPR certification throughout the biennial licensure period. Temporary massage technician certificates are valid for no more than one (1) year and may not be renewed or reissued pursuant to the provision of 24 Del.C. §5309(b).
9.9 Requirements for Return to Active Status. Unless extended by the Board for hardship as defined in Regulation 9.7, massage and bodywork therapists and massage technicians returning from inactive status must provide notice to the Board as set forth in Regulation 8.2 and must provide adequate proof of the satisfactory completion of 24 hours of Board approved CE within the immediately preceding two-year period prior to the date of the notice to return to active status. A massage technician returning from inactive status must provide notice to the Board as set forth in Regulation 8.2 and must provide adequate proof of the satisfactory completion of 12 hours of Board approved CE within the immediately preceding two year period prior to the date of the notice to return to active status. After August 31, 2014, massage technicians must provide adequate proof of the satisfactory completion of 24 hours of Board approved CE within the immediately preceding two year period prior to the date of the notice to return to active status. CE hours required to return to active status may not be credited towards the hours required for renewal in any other licensing period.
11.1.17 Know and comply with the Board’s licensing law, Chapter 53 of Title 24 of the Delaware Code, and Rules and Regulations.
11.2.10 Perform or offer to perform any services for clients other than those connected with the practice of massage and bodywork, as defined in 24 Del.C. §5302(6), unless the licensee has additional training and licensure to perform those services.
12.1 Pursuant to 29 Del.C. §10161(d), any person who, after a hearing, is found to have violated a cease and desist order issued by the Board pursuant to 29 Del.C. §10161(c) shall be fined:
14.1.9 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
14.1.86 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136(a), (b) and (c).
14.1.87 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, Lysergic Acid Diethylamide (LS.D.), designer drugs, or 3,4-methylenedioxymethamphetamine (MDMA). 16 Del.C. §4753A (a)(1)-(9).
14.1.89 Prohibited acts under the Uniform Controlled Substances Act. 16 Del.C. §4756(a)(1)-(5) and (b).
14.1.92 Abuse, neglect, exploitation or mistreatment of infirm adult. 31 Del.C. §3913(a), (b) and (c).
