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Click each of the questions below to be taken to the answer:
What is meant by an exempted practice?
An exempted practice is a profession that does not require a license to practice. These professions fall under the definition of massage therapy, but because of language in the law, persons who perform these professions can gain an exemption if they meet certain requirements (Click here to see: How do I qualify for an exemption?).
There are also other situations where others can gain an exemption:
- Continuing education instructors are not required to have a massage therapy license. The implication is that they don’t need the license to teach massage therapy, but they will need one if they want to practice (see clients).
- Massage therapy students as part of a school-sanctioned activity (see the applicable statutes and rules for the specifics).
Applicable Statutes:
37-33-404. Exemptions -- rules
(2) A continuing education course instructor is not required to be licensed as a massage therapist.
(3) A massage therapy student, when enrolled in a board-approved program and while practicing the skills of massage therapy designated as a school-sanctioned activity and under the supervision of a licensed massage therapist, is not required to be licensed.
Applicable Rules:
24.155.301 DEFINITIONS
(5) "School-sanctioned activity" for purposes of 37-33-404, MCA, means an activity:
(a) that is approved, endorsed, or provided by the board-approved program in which the student is enrolled;
(b) the purpose of which is to allow students to practice their massage therapy skills under particular, limited circumstances; and
(c) that does not allow or facilitate a student to establish a massage therapy practice or avoid licensure.
(6) "Supervision," for the purposes of 37-33-404, MCA, means the oversight and review of the student's work to a degree necessary to ensure the protection of the health, safety, and welfare of the public, but not to a degree less than the immediate and constant availability of the supervisor via telephone, throughout the school-sanctioned activity.
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What practices are exempt?
The law is clear that Native American traditional healing and faith healing are the only unlicensed practices that are exempt with no qualifying criteria. With regard to other professions, the practices themselves are NOT always exempt as the practices have to meet certain criteria to qualify (see below). But that's not all: Persons who perform these practices must also meet certain requirements to be exempt. Please note these distinctions. These practices include those that use
- Touch, words, and directed movement to deepen awareness of existing patterns of movement in the body, as well as to suggest new possibilities of movement. Exempt practices under this provision include but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, and body-mind centering.
- Touch to affect the human energy systems, energy meridians, or energy fields. Exempted practices under this provision include but are not limited to polarity bodywork therapy, Asian bodywork therapy, acupressure, jin shin do, qigong, reiki, shiatsu, and tui na.
- Touch to effect change on the integration of the structure of the physical body. Exempt practices under this provision) include but are not limited to the Rolf method of structural integration, Rolfing, and Hellerwork.
- Touch to affect the reflex areas located in the hands, feet, and outer ears. Exempt practices under this provision include but are not limited to reflexology.
For a practice to qualify for an exemption, the following criteria must be met:
- The practice must have an organization or agency that certifies or recognizes practitioners.
- The organization or agency must base its recognition or credential on a minimum amount of training, some kind of testing process (to demonstrate competency) and adherence to a code of ethics.
- Finally, the practice itself may not be designated as or implied to be massage therapy. This means that the practice can’t do anything that is considered to be massage therapy, and they can’t use the word “massage” as a descriptor of what it is.
For more information click here to go to "What's the catch..."
If there is no such group, or the group doesn’t meet the requirements above, then the practice is not exempt.
Applicable Statutes: See next question.
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How do I qualify for an exemption?
Currently there are no requirements for American traditional healers and faith healers.
With regard to the other exempted practices (click here to see "What practices are exempt?"“), there are three basic qualifications for an individual to gain an exemption:
- The practice itself must be exempt (click here to see "What practices are exempt?")
If there is no group that recognizes or credentials practitioners in a way that meets the criteria of an exempted practice, then no exemption can be granted.
- The person desiring the exemption must be recognized by, or meet the requirements to be recognized by, a professional organization or credentialing agency that represents or certifies the respective practice. This means that the person doesn’t necessarily have to belong or be a member of a group, just that they qualify to be.
- Finally, the person’s services may not be designated as or implied to be massage therapy. This means that the person can’t do any practice that is considered to be massage therapy. They also can’t do anything that implies that what they are doing is massage therapy. For more information click here to go to "What's the catch..."
Applicable Statutes:
37-33-404. Exemptions -- rules.
(4) The provisions of this chapter do not limit or regulate the practice of Native American traditional healing or faith healing.
(5) (a) The provisions of this chapter do not limit or regulate the practice of any person who uses:
(i) touch, words, and directed movement to deepen awareness of existing patterns of movement in the body, as well as to suggest new possibilities of movement. Exempt practices under this subsection (5)(a)(i) include but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, and body-mind centering.
(ii) touch to affect the human energy systems, energy meridians, or energy fields. Exempted practices under this subsection (5)(a)(ii) include but are not limited to polarity bodywork therapy, Asian bodywork therapy, acupressure, jin shin do, qigong, reiki, shiatsu, and tui na.
(iii) touch to effect change on the integration of the structure of the physical body. Exempt practices under this subsection (5)(a)(iii) include but are not limited to the Rolf method of structural integration, Rolfing, and Hellerwork.
(iv) touch to affect the reflex areas located in the hands, feet, and outer ears. Exempt practices under this subsection (5)(a)(iv) include but are not limited to reflexology.
(b) The exemptions in subsection (5)(a) apply only if:
(i) the person is recognized by or meets the established requirements of either a professional organization or credentialing agency that represents or certifies the respective practice based on a minimum level of training, demonstration of competence, and adherence to ethical standards; and
(ii) the person's services are not designated as or implied to be massage therapy.
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What's the catch for having an exemption and not holding a license?
There is always some “price” for the privilege of remaining unlicensed. It’s found in the section of the law pertaining to the exemption that says “(ii) the person's services are not designated as or implied to be massage therapy.”
This means that:
- No practice that has the word “massage” in it or uses the term “massage” as part of its description can qualify for the exemption,
- Any type of advertising, print materials (including brochures and cards) must not include the word “massage” and
- Advertising under any heading that has the word “massage” in it even if you don’t use the word in your ad implies that you are doing massage therapy, and therefore, what you are doing is not exempted and requires a license.
Therefore, to qualify for and keep the exemption, you have to be very careful where and how you advertise and how you describe what you do. Such a mistake means losing the exemption.
If you want to advertise in the yellow pages.
Under the new law, only those people who have a massage therapy license can imply that they are performing massage therapy. So, unless you advertise under another heading or until a separate category is developed for bodywork or your modality, anyone not holding a massage therapy license cannot advertise in the yellow pages under any category that contains the word “massage.” This is true even if you are NCBTMB certified (an NCBTMB certified rolfer asked the Board directly and they said no). If you have been previously advertising under a “massage” category, you will no longer be able to do so – you will be in violation of the law, as doing so implies that you are performing massage therapy. The BLMTB Board recommends that if you want to advertise in the yellow pages under a “massage” category, then apply for a license via grandfathering. Be reminded that you are responsible for knowing and following the law. You cannot blame the phone company for failing to discontinue your ad, or for failing to tell you what the law is.
Excerpt from February 22, 2010 Board Meeting Minutes:
“Members indicated that a listing under Therapeutic Massage in the Yellow Pages would require individuals listed there to be licensed massage therapists.”
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When should I apply for a massage therapy license and forego the exemption?
If you are considering applying for a massage therapy license, we suggest that you grandfather and apply before July 1, 2012. See Grandfather FAQs for more information. This is the simplest and easiest way to apply.
Click here for the Grandfather FAQs.
There are two situations where you may want to go ahead and get the massage therapy license:
- If you are not sure you qualify for an exemption: It is imperative that you read the FAQs in this section very carefully ensure that you qualify for an exemption. Just because you perform a modality covered by the exemption (ie. asian bodywork, reflexology, etc.) does NOT mean that you will automatically be exempt. If you do not meet the requirements for an exemption, then you must get a massage therapy license, as you are performing massage therapy in the eyes of the law. If you need a license, the best way for you to get one is to grandfather. The BLMTB Board does not recommend that you take a chance and remain unlicensed. Yes, chances are your exemption may not ever be questioned. However, if someone decides to do a “sweep” and make a complaint because they believe that you are not properly exempted, or if someone lodges a complaint against you for any other reason, you can bet that the Board will first check to make sure that you are properly exempted. If you are not, the Board could require you to get a license (require you to go to a 500 hour program and take an exam) or shut you down until you are properly exempted. It would be a shame that you passed up the opportunity to grandfather (with its minimal requirements) when it was available to you.
- If you want to advertise in the yellow pages. Under the new law, only those people who have a massage therapy license can imply that they are performing massage therapy. So, unless you advertise under another heading or until a separate category is developed for bodywork or your modality, anyone not holding a massage therapy license cannot advertise in the yellow pages under any category that contains the word “massage.” This is true even if you are NCBTMB certified (an NCBTMB certified rolfer asked the Board directly and they said no). If you have been previously advertising under a “massage” category, you will no longer be able to do so – you will be in violation of the law, as doing so implies that you are performing massage therapy. The BLMTB Board recommends that if you want to advertise in the yellow pages under a “massage” category, then apply for a license via grandfathering. Be reminded that you are responsible for knowing and following the law. You cannot blame the phone company for failing to discontinue your ad, or for failing to tell you what the law is.
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