HOUSE BILL No. 5219 December 10, 1999, Introduced by Reps. Schermesser, DeHart, Hale, Scott, Dennis, Pappageorge, Kelly, Ruth Johnson and Bogardus and referred to the Committee on Regulatory Reform. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16348 and part 185. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16131. The terms of office of individual members of 2 the boards and task forces, except those appointed to fill vacan- 3 cies,shallexpire 4 years after appointment as follows: 4 Nursing June 30 5 Optometry June 30 6 Pharmacy June 30 7 Podiatric medicine and surgery June 30 8 Dentistry June 30 04308'99 * CPD 2 1 Chiropractic December 31 2 Counseling June 30 3 Marriage and family therapy June 30 4 Medicine December 31 5 Occupational therapists December 31 6 Osteopathic medicine and surgery December 31 7 Physical therapy December 31 8 Psychology December 31 9 Sanitarians December 31 10 MASSAGE THERAPY DECEMBER 31 11 Veterinary medicine December 31 12 Sec. 16263. (1) Except as provided in subsection (2), the 13 following words, titles, or letters or a combinationthereofOF 14 THEM, with or without qualifying words or phrases, are restricted 15 in use only to those persons authorized under this article to use 16 the terms and in a way prescribed in this article: 17 (a) "Chiropractic", "doctor of chiropractic", 18 "chiropractor", "d.c.", and "chiropractic physician". 19 (b) "Dentist", "doctor of dental surgery", "oral and maxil- 20 lofacial surgeon", "orthodontist", "prosthodontist", 21 "periodontist", "endodontist", "oral pathologist", "pediatric 22 dentist", "dental hygienist", "registered dental hygienist", 23 "dental assistant", "registered dental assistant", "R.D.A.", 24 "d.d.s.", "d.m.d.", and "r.d.h.". 25 (c) "Doctor of medicine" and "m.d.". 26 (d) "Physician's assistant" and "p.a.". 04308'99 * 3 1 (e) "Registered professional nurse", "registered nurse", 2 "r.n.", "licensed practical nurse", "l.p.n.", "nurse midwife", 3 "nurse anesthetist", "nurse practitioner", "trained attendant", 4 and "t.a.". 5 (f) "Doctor of optometry", "optometrist", and "o.d.". 6 (g) "Osteopath", "osteopathy", "osteopathic practitioner", 7 "doctor of osteopathy", "diplomate in osteopathy", and "d.o.". 8 (h) "Pharmacy", "pharmacist", "apothecary", "drugstore", 9 "druggist", "medicine store", "prescriptions", and "r.ph.". 10 (i) "Physical therapy", "physical therapist", 11 "physiotherapist", "registered physical therapist", "licensed 12 physical therapist", "physical therapy technician", "p.t.", 13 "r.p.t.", "l.p.t.", and "p.t.t.". 14 (j) "Chiropodist", "chiropody", "chiropodical", "podiatry", 15 "podiatrist", "podiatric", "doctor of podiatric medicine", "foot 16 specialist", "podiatric physician and surgeon", and "d.p.m.". 17 (k) "Consulting psychologist", "psychologist", 18 "psychological assistant",and"psychological examiner", 19 "licensed psychologist", and "limited licensed psychologist". 20 (l) "Licensed professional counselor", "licensed counselor", 21 "professional counselor", and "l.p.c.". 22 (m) "Sanitarian", "registered sanitarian", and "r.s.". 23 (n) "Veterinary", "veterinarian", "veterinary doctor", 24 "veterinary surgeon", "doctor of veterinary medicine", "v.m.d.", 25 "d.v.m.", "animal technician", or "animal technologist". 26 (o) "Occupational therapist", "occupational therapist 27 registered", "certified occupational therapist", "o.t.", 04308'99 * 4 1 "o.t.r.", "c.o.t.", "certified occupational therapy assistant", 2 "occupational therapy assistant", or "c.o.t.a.". 3 (p) "Marriage advisor" or "marriage consultant"; "family 4 counselor", "family advisor", "family therapist", or "family 5 consultant"; "family guidance counselor", "family guidance 6 advisor", or "family guidance consultant"; "marriage guidance 7 counselor", "marriage guidance advisor", or "marriage guidance 8 consultant"; "family relations counselor"; "marriage relations 9 counselor", "marriage relations advisor", or "marriage relations 10 consultant"; "marital counselor" or "marital therapist"; "limited 11 licensed marriage and family therapist" or "limited licensed mar- 12 riage counselor"; "licensed marriage and family therapist" or 13 "licensed marriage counselor"; and "l.m.f.t.". 14 (Q) "MASSAGE THERAPIST", "LICENSED MASSAGE THERAPIST", 15 "M.T.", AND "L.M.T.". 16 (2) Notwithstanding section 16261, a person who was spe- 17 cially trained at an institution of higher education in this 18 state to assist a physician in the field of orthopedics and upon 19 completion of training, received a 2-year associate of science 20 degree as an orthopedic physician's assistant before January 1, 21 1977, may use the title "orthopedic physician's assistant" 22 whether or not the person is licensed under this article. 23 SEC. 16348. FEES FOR AN INDIVIDUAL LICENSED OR SEEKING 24 LICENSURE AS A LICENSED MASSAGE THERAPIST UNDER PART 185 ARE AS 25 FOLLOWS: 26 (A) APPLICATION PROCESSING FEE........................$ 20.00 04308'99 * 5 1 (B) LICENSE FEE, PER YEAR.............................. 50.00 2 PART 185. MASSAGE THERAPY 3 SEC. 18501. (1) AS USED IN THIS PART: 4 (A) "MASSAGE THERAPIST" MEANS A PERSON WHO IS LICENSED UNDER 5 THIS ARTICLE TO ENGAGE IN THE PRACTICE OF MASSAGE THERAPY. 6 (B) "PRACTICE OF MASSAGE THERAPY" MEANS THE SCIENTIFIC ART 7 OF TISSUE MANIPULATION BY HAND OR WITH A MECHANICAL OR ELECTRICAL 8 INSTRUMENT FOR A THERAPEUTIC PURPOSE, AND MAY INCLUDE THE USE OF 9 OIL RUBS OR THE APPLICATION OF HOT AND COLD TREATMENTS. THE 10 PRACTICE OF MASSAGE THERAPY DOES NOT INCLUDE DIAGNOSIS OF ILL- 11 NESS, GIVING MEDICAL ADVICE, OR DISPENSING OF MEDICATION. 12 (2) IN ADDITION TO THE DEFINITIONS IN THIS PART, ARTICLE 1 13 CONTAINS GENERAL DEFINITIONS AND PRINCIPLES OF CONSTRUCTION 14 APPLICABLE TO ALL ARTICLES IN THIS CODE AND PART 161 DEFINITIONS 15 APPLICABLE TO THIS PART. 16 SEC. 18503. AFTER THE EFFECTIVE DATE OF THE RULES PROMUL- 17 GATED BY THE BOARD UNDER SECTION 18607, AN INDIVIDUAL SHALL NOT 18 USE THE TITLES "MASSAGE THERAPIST", "LICENSED MASSAGE THERAPIST", 19 "M.T.", OR "L.M.T.", OR SIMILAR WORDS THAT INDICATE THE INDIVID- 20 UAL IS A LICENSED MASSAGE THERAPIST UNLESS THE INDIVIDUAL IS 21 LICENSED UNDER THIS ARTICLE AS A MASSAGE THERAPIST. 22 SEC. 18505. THE MICHIGAN BOARD OF MASSAGE THERAPY IS CRE- 23 ATED IN THE DEPARTMENT AND CONSISTS OF THE FOLLOWING 9 MEMBERS 24 WHO MEET THE REQUIREMENTS OF PART 161: 25 (A) FIVE INDIVIDUALS WHO MEET THE REQUIREMENTS OF 26 SECTION 16135. 04308'99 * 6 1 (B) FOUR PUBLIC MEMBERS. 2 SEC. 18507. (1) THE BOARD, IN CONSULTATION WITH THE 3 DEPARTMENT, SHALL PROMULGATE RULES THAT SPECIFY THE MINIMUM STAN- 4 DARDS FOR LICENSURE AS A LICENSED MASSAGE THERAPIST. FOR PUR- 5 POSES OF THIS SECTION, THE PROFESSIONAL STANDARDS ISSUED BY THE 6 AMERICAN MASSAGE THERAPY ASSOCIATION OR ANY OTHER RECOGNIZED PRO- 7 FESSIONAL ASSOCIATION MAY BE ADOPTED BY THE BOARD. THE BOARD 8 SHALL NOT PROMULGATE RULES UNDER THIS SUBSECTION THAT DIMINISH 9 COMPETITION OR EXCEED THE MINIMUM LEVEL OF REGULATION NECESSARY 10 TO PROTECT THE PUBLIC. 11 (2) SUBJECT TO SECTION 16204, THE BOARD SHALL BY RULE PRE- 12 SCRIBE CONTINUING EDUCATION REQUIREMENTS AS A CONDITION FOR 13 LICENSE RENEWAL. 04308'99 * Final page. CPD