Click each of the questions below to be taken to the answer:
Will my Massage Therapy license state if I was licensed by grandfathering, education or equivalent licensure?
This question appears directly on the state Massage Therapy Board website. The answer given there: “No. All massage therapist licenses read "This verifies the below named is currently licensed as a Licensed Massage Therapist." The license number, status, (e.g. "active") and expiration date all appear on the license, but not the method of licensure.”
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Why does it cost less to apply by grandfather application than it does by endorsement or education?
During the rule-making process, the Department estimated that it costs 20% less to process a grandfather application than it does the other applications. The application portion of the $130 / $140 fee is $40 for grandfathering and $50 for the others. All things being the same, the Grandfather application requires a signed affidavit while the other methods require verification of high school diploma and either
- verifications of schooling and exam (two more processes) or
- verification of licensing from another state including determining whether or not the requirements of the other state are equivalent to Montana (two more processes)
Each of these things takes additional staff time to process, hence the difference in cost.
The following answer to the question appeared in the FAQs agenda item of the June 22, 2010 Board Book: “Processing/staff time is generally less for a grandfathering application.”
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How are the fees determined?
Fees have to be “commensurate with costs.” This means that the Board can only charge enough to run the program. If the Board accumulates too much money (more than twice their budgeted amount), they have to lower the fees so as to reduce the financial balance.
Fees are determined based on what the Board and Department thinks it needs to run the program. See Program Costs Below. If there are few licensees, there are fewer people to divide the costs among, which means the fees will be higher. Add to that the complaint process. If there are few complaints, then that will keep fees down. If there is one complaint that runs several thousand dollars to process, the fees go up.
The Board will review its budget every year to see where they are fee-wise. If they haven’t collected enough money to cover expenses, fees will go up. If they have enough to cover their financial responsibilities, the fees will stay steady. And if the Board has collected way too much, the fees will go down.
Because the rule-making process takes time and fees are dealt with under the rule-making process, it can take 4-6 months to change the fees.
Some Examples of Program costs:
- Staff time to answer questions, process and track applications, develop meeting materials, send out emails, and other administrative duties. This also includes Legal fees to the staff lawyer.
- Plant fees: what it costs to run the physical space: phones, lights, gas, heat, copy costs, filing cabinets, desks, chairs, computers, website maintenance.
- Board fees: what it costs to have board meetings. Room rental, recording and technical assistance, mileage, hotel, per diem.
- Processing non-routine applications, which takes a board meeting,
- the rule-making process which requires hearings (and the room, staff time and hiring a court reporter to take an official record to go with that) and publication fees in certain publications
- Complaint processing, which includes investigations and meetings/hearings. Staff time, legal resources, and board members time and expenses all must be covered as part of this.
In short, the larger the profession, the more people upon which these and other costs can be spread.
The Board is given a financial or budget report at the meetings and this information is available to the public upon request.
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Am I required to put my license number in my advertising?
This is an issue that the Board will take up in the future.
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Will licensing increase my ability to get paid by insurance?
No. This is one of the myths of getting licensure: that magically insurance companies will start paying for insurance where they didn’t before. Our question to you: of the 40+ states that have massage therapy licensure, in how many is insurance paid for?
The answer is two (WA and FL). The reason is because additional laws were passed requiring insurance companies to pay up. Other states have not enacted such bills. However, the provisions in the 2010 health care reform bill concerning alternative and preventative health care may play a role in changing this. Stay tuned.
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Will I be required to carry liability insurance?
The Board’s intent at this time is not to require insurance. [BLMTB Board Note: there is nothing in the statutes that requires insurance to be able to get a license – so we don’t think the board can ever require it. Most professions in general, including doctors, don’t.]
Applicable Statutes / Rules:
There are no statutes or rules that explain this decision. However this issue was discussed at the 4/27/2010 Board meeting.
Excerpt from the April 27, 2010 Board Meeting Minutes:
“The Board responded to [name] that there is no requirement for insurance or signed consent forms for treatment.”
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Will the Board do inspections?
There is nothing in state law that allows for the Board to do inspections unless they have cause. Inspections can occur in certain circumstances. In rule-making, the Board did reserve the right to perform inspections if there is a finding of unprofessional conduct. So the Board can inspect someone’s business as part of monitoring for compliance when there is disciplinary action taken against someone.
Applicable Rules:
==== Reference Rule No. on Unprofessional Conduct as they are adopted ======
Proposed Rules:
NEW RULE II UNPROFESSIONAL CONDUCT
(2) Upon a finding of unprofessional conduct as defined in (1), and determined in accordance with the Montana Administrative Procedure Act, the board may impose sanctions, including but not limited to those allowed pursuant to 37-1-136 and 37-1-312, MCA. Any additional cost or expense incurred by a licensee as a result of a sanction is the burden of the licensee. As additional forms of sanction, and without limiting the availability of any other sanction, the board may:
(a) require supervision, inspections, reports, additional continuing education or other training;
(b) limit the licensee's scope of practice in any reasonable manner considering the circumstances; and
(c) impose any other condition of licensure, probation, reinstatement, or relicensure the board deems necessary or appropriate to protect the health, safety, or welfare of the public or to rehabilitate the licensee.
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Can other professions’ inspectors enter my space?
Sometimes.
- If you have dual licensure and are subject to another profession’s rules that include inspections, then the answer is yes, you would be subject to inspections.
- If you hold only a massage therapy license:
- If your massage therapy space is part of a business that is under the jurisdiction of a profession that does inspections (for example, cosmetologists), our understanding is that an inspector can enter your space if cosmetology services are also performed in that space. This would happen, for example, if you shared your room with an esthetician.
- If the space is dedicated solely for massage therapy services and a person of another profession is Not using that space, then no, an inspector for that profession cannot enter your room, especially if you are an independent contractor leasing the space within the shop.
Notes: this became an issue in 2009-2010 during some cosmetology inspections of beauty shops. The department (DoLI Business Standards Division) overseeing the cosmetology inspectors was contacted and the department directed the cosmetology inspectors to cease contact/discussions with massage therapists concerning this issue.
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Questions Concerning Schools…
The Board does not appear have the statutory power to regulate the schools, nor does the Board “approve” schools. Thus, the Board is NOT legally able to address issues concerning teacher qualifications, student-teacher ratios, educational formats, or most school related issues. It would take a change in the law to give them that power.
All the Board can do regarding the schools is determine whether or not the school meets certain curriculum guidelines. If the school does, then students graduating from that school can use the hours taken at that school toward licensure. If the school does not, then those students will not be granted licensure via the examination method, and their application will likely become a non-routine application that the Board will review. The Board at this time has not determined how to deal with this issue (ie outright denial, required additional coursework, etc.).
Further, the Board does not have the ability to shut down a school that does NOT meet the curriculum requirements. It will be up to the students to ensure that the school they enroll in will lead to the path of licensure.
The current educational requirements are as follows (others emerging in the future will be considered whether or not they meet statutory requirements):
(a) 200 hours of in-class and instructor-supervised massage and bodywork assessment, theory, and application instruction;
(b) 125 hours of instruction on the body systems (anatomy, physiology, and kinesiology);
(c) 40 hours of pathology;
(d) ten hours of business and ethics instruction (a minimum of six hours in ethics); and
(e) 125 hours of instruction in an area or related field that completes the massage program of study.
Applicable Rules:
======= REFERENCE CORRECT RULE NUMBER ============== NEW RULE II CURRICULUM (1) The National Certification Board for Therapeutic Massage and Bodywork is a program currently accredited by the National Commission for Certifying Agencies and its curriculum meet or exceed the requirements of 37-33-502, MCA. Those curriculum guidelines are as follows:
(a) 200 hours of in-class and instructor-supervised massage and bodywork assessment, theory, and application instruction;
(b) 125 hours of instruction on the body systems (anatomy, physiology, and kinesiology);
(c) 40 hours of pathology;
(d) ten hours of business and ethics instruction (a minimum of six hours in ethics); and
(e) 125 hours of instruction in an area or related field that completes the massage program of study.
(2) Other curriculum guideline submissions will be evaluated by the board for compliance with 37-33-502, MCA, on a case-by-case basis.
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