HB 420

                SPONSOR:
                Rep. Wilson-Anton & Sen. Poore
                Sen. Pinkney
        HOUSE OF REPRESENTATIVES
        153rd GENERAL ASSEMBLY
        HOUSE BILL NO. 420
        AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODY WORK.
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
        Section 1. Amend Subchapter I, Chapter 53, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
        Subchapter I. Board of Massage and Bodywork
        § 5302. Definitions.
        For purposes of this chapter:
        (3) “Hybrid education” means a massage and bodywork program where certain hours must be completed in-person in a classroom setting and other hours may be completed through distance learning, as specified in the Board’s rules and regulations.
          Section 2. Amend Subchapter II, Chapter 53, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
        Subchapter II. License
        § 5308. Qualifications of applicant; report to Attorney General; judicial review.
        (a) An applicant who is applying for licensure as a massage and bodywork therapist under this chapter must submit evidence, verified by oath and satisfactory to the Board, that all of the following apply to the applicant:
        (1) Is at least 18 years of age.
        (2) a. For an applicant who began a massage program before July 1, 2024, has completed 500 hours of supervised in-class study as a student in a school which trains massage
        or
        and
         bodywork
        therapists, or as a student in an approved program of massage or bodywork therapy and the school or program of training included
        therapists and consists of
        a curriculum of no less than all of the following:
        1. One hundred hours of anatomy and physiology.
        2. Three hundred hours of technique and theory of massage or bodywork therapy.
        3. Seventy-five hours of elective courses in the field of massage therapy.
        4. Twenty-five hours of ethics, law, and contraindications.
        b. For an applicant who began a massage program on or after July 1, 2024, has completed 625 hours of
        supervised in-class study
        study, which may include hybrid education as permitted in the Board’s rules and regulations,
         as a student in a school which trains massage
        or
        and
         bodywork
        therapists, or as a student in an approved program of massage or bodywork therapy and the school or program of training included
        therapists and consists of
        a curriculum of no less than all of the following:
        1. One hundred hours of anatomy and physiology.
        2. Three hundred hours of technique and theory of massage or bodywork therapy.
        3. Two hundred hours of elective courses in the field of massage therapy.
        4. Twenty-five hours of ethics, law, and contraindications.
        (3) Has achieved the passing score on a written, standardized, nationally-prepared and administered examination in massage
        or
        and
         bodywork therapy; the passing score shall be as established by the testing agency. If the testing agency has not established a passing score, the Board in conjunction with the Division shall establish the passing score.
        (6) Has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant has previously been or currently is licensed to practice massage
        or
        and
         bodywork
        therapy, or both.
        therapy.
        § 5309.
        Qualifications of applicants for certification as massage technicians.
        Massage technicians.
        (a) On or before December 31, 2024, an applicant who is applying for certification as a massage technician under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person meets the requirements of § 5308(a)(5)-(11) and (e) of this title and:
        (1) Is at least 18 years of age;
        (2) Has completed, as a minimum, a 300-hour course of supervised in-class study of massage that includes a curriculum of no less than:
        a. Sixty hours of anatomy and physiology;
        b. One hundred-forty hours of theory and technique;
        c. Seventy-five hours of elective courses in the field of massage therapy;
        d. Twenty-five hours of ethics, law and contraindications
        (3) Has passed a state-certified examination in cardio-pulmonary resuscitation (CPR) training; and possesses current CPR certification. An exception from current CPR certification shall be allowed for persons who have lower limb amputee status.
        (b) Notwithstanding subsection (a) of this section, an applicant may apply for a temporary massage technician certification under this section after completion of a 200-hour course of supervised in-class study of massage that includes a curriculum of no less than:
        (1) Fifty hours of anatomy and physiology;
        (2) One hundred and ten hours of theory and technique;
        (3) Twenty-five hours of ethics, law, and contraindications; and
        (4) Fifteen hours of elective courses.
        A temporary massage technician certification, which is subject to all the other provisions and requirements of this chapter, shall be valid for a period of no more than  1 year and may not be renewed or reissued, and shall not be eligible for inactive status.
        (c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information intentionally has been supplied, it shall report its findings to the Attorney General for further action.
        (d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some way contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
        (e) All individuals licensed to practice as massage technicians in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2014, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.
        (f)
        (a)
         After December 31, 2024, the Board may not issue an initial certification to practice as a certified massage technician.
        (1) All applications for initial certification received by December 31, 2024, shall be processed and issued to applicants who meet the qualifications set forth in this section.
        (2)
        (b)
         In order to remain certified, all certified massage technicians must renew their certificates as specified in § 5312(a) through (d) of this title.
        SYNOPSIS
        This Act permits massage and bodywork therapists to obtain pre-licensing education in a hybrid format, as permitted by the Board of Massage and Bodywork’s rules and regulations. Rules and regulations will specify which subjects may be obtained through hybrid education to ensure proper training in the interests of public protection. This change is consistent with initiatives in other states, which have adopted more flexible learning models. This Act also strikes language pertaining to certified massage technicians because the Board no longer issues this type of license. Currently, licensed certified massage technicians may continue their licensure status with timely license renewal. Finally, revisions have been made to specify that licensees are massage and bodywork therapists, not massage or bodywork therapists, as indicated in the statute.