License Description |
General Information terms and Definitions:"Massage Therapist" means a person who practices massage therapy. "Massage" means touch, stroking, kneading, stretching, friction, percussion and
vibration, and includes holding, positioning, causing movement of the soft tissues and
applying manual touch and pressure to the body (excluding an osseous tissue
manipulation or adjustment). "Therapy" means action aimed at achieving or increasing
health and wellness. "Massage therapy" means the profession in which the practitioner
applies massage techniques with the intent of positively affecting the health and wellbeing of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and
topical preparations not classified as prescription drugs, (ii) use hand held tools such as
electrical hand massagers used adjunctively to the application of hand massage or devices
designed as t-bars or knobbies, and (iii) instruct self care and stress management.
"Manual" means by use of hand or body.
"Massage Establishment" means a place of business where massage is being
conducted. Rule 4.1 General Requirements
A. No person shall practice massage for compensation in the State of Mississippi except
as provided by state statute and these regulations.
B. An applicant must be eighteen (18) years of age, or older, on the date the application
is submitted.
C. An applicant must provide proof of high school graduate equivalency.
D. An applicant must be of legal status not only to receive a license, but also to work in
the State of Mississippi with such license.
E. All required fees for initial licensure must be submitted by the applicant with a
cashier's check or money order. Corporate checks are accepted from Mississippi
licensed massage therapy schools in good standing.
F. Any and all requirements regarding good moral character and competency, as
provided for in accepted codes of ethics shall be met. The burden of demonstrating that
the applicant possesses the good moral character required for licensure shall rest with the
applicant. Effective July 1, 2013, an applicant must have successfully been cleared for
licensure through an investigation that shall consist of a determination as to good moral
character and verification that the prospective licensee is not guilty of or in violation of
any statutory ground for denial of licensure as set forth in Section 73-67-27.
1. To assist the board in conducting its licensure investigation, all applicants
shall undergo a fingerprint-based criminal history records check of the Mississippi
central criminal database and the Federal Bureau of Investigation criminal history
database. Each applicant shall submit a full set of the applicant's fingerprints in a
form and manner prescribed by the board, which shall be forwarded to the
Mississippi Department of Public Safety (department) and the Federal Bureau of
Investigation Identification Division for this purpose.
2. Any and all state or national criminal history records information obtained
by the board that is not already a matter of public record shall be deemed
nonpublic and confidential information restricted to the exclusive use of the
board, its members, officers, investigators, agents and attorneys in evaluating the
applicant's eligibility or disqualification for licensure, and shall be exempt from
the Mississippi Public Records Act of 1983. Except when introduced into
evidence in a hearing before the board to determine licensure, no such
information or records related thereto shall, except with the written consent of the
applicant or by order of a court of competent jurisdiction, be released or otherwise
disclosed by the board to any other person or agency.
3. The board shall provide to the department the fingerprints of the applicant,
any additional information that may be required by the department, and a form
signed by the applicant consenting to the check of the criminal records and to the
use of the fingerprints and other identifying information required by the state or
national repositories.
4. The board shall charge and collect from the applicant, in addition to all
other applicable fees and costs, such amount as may be incurred by the board in
requesting and obtaining state and national criminal history records information
on the applicant.
5. "Good Moral Character" is a pattern of behavior conforming to the
profession's ethical standards and behavior that indicates honesty and truthfulness,
integrity, respect among the community for lawful behavior, respect for the rights
of others, and obedience to the lawful directives of public offices or officials or
persons charged with the enforcement of the law and showing an absence of
moral turpitude. Persons with a conviction (misdemeanor or felony) related to
prostitution, public indecency or sexual imposition have demonstrated an absence
of good moral character and will not be granted a license to practice massage
therapy.
a. A determination of good moral character shall be based on the absence of
acts that reflect moral turpitude and that reflect all aspects of a person's
character as exemplified by his or her behavior including, but not necessarily
limited to, that the person:
i. Is guilty of fraud, deceit or misrepresentation in procuring or
attempting to procure any license provided for under this Board;
ii. Attempted to use as his own the license of another;
iii. Allowed the use of his license by another;
iv. Is guilty of unprofessional or unethical conduct as defined by the
code of ethics;
v. Has been adjudicated as mentally incompetent by regularly
constituted authorities;
vi. Has received treatment for any emotional disturbances, mental
disorder or insanity that would impair the person's ability to perform
as a massage therapist;
vii. Has been convicted, found guilty, or entered a plea of nolo
contendere of a crime, or has charges or disciplinary action pending
that directly relates to the practice of massage therapy or to the ability
to practice massage therapy.
viii. Is guilty of false, misleading or deceptive advertising, or is guilty
of aiding or assisting in the advertising or practice of any unlicensed or
unpermitted person in the practice of massage therapy;
ix. Is or has been a defendant in civil litigation in which the basis of
the complaint was for negligence, malpractice, or lack of professional
competence in the practice of massage therapy;
x. Has been disciplined by a regulatory authority in any jurisdiction
related to the practice of massage or of any other credentialed
profession (such disciplinary outcome includes, but is not limited to,
license restrictions or conditions, probation, fine, or reprimand);
xi. Has had rights, credentials or one or more license(s) to practice
massage therapy or any other credentialed profession revoked,
suspended, denied, or required to be surrendered in any jurisdiction,
territory or possession of the United States or another country. A
certified copy of the record of the jurisdiction making such a
revocation, suspension or denial shall be conclusive evidence thereof;
xii. Has voluntarily surrendered a license or credential to practice
massage therapy or any other credentialed profession in connection
with or to avoid a disciplinary action by a regulatory authority in any
jurisdiction;
xiii. Has been convicted, found guilty, or entered a plea of nolo
contendere of any felony, other than a violation of federal or state tax
laws.
b. In determining a person's good moral character when there is evidence of
the conduct described above, the Board will also consider the following
factors:
i. The nature of the criminal offense(s) or conduct which gave rise to
the disciplinary, civil, or administrative action.
ii. The age of the applicant at the time of the criminal conviction(s) or
conduct which gave rise to the disciplinary, civil or administrative
action.
iii. The number of criminal convictions or number of disciplinary,
civil or administrative actions taken against the applicant.
iv. The nature and severity of the sentence or sanction imposed for
each criminal conviction or disciplinary, civil or administrative action.
v. Whether the probation period given in a conviction has been
completed and fully satisfied to include fines, court costs, and other
conditions of probation.
vi. Whether restitution ordered by a court in a criminal conviction or
civil judgment has been fully satisfied.
vii. Whether the record of conviction was overturned on appeal, the
record was expunged, or significant evidence of rehabilitation is
provided.
viii. The remoteness from the date of the criminal offense(s) or
conduct.
G. The Board must receive a complete application packet, fees and official transcript(s)
by the established application deadline for the application to be considered for licensure
at the next regularly scheduled Board Meeting.
H. An applicant must supply proof of current certification in cardiopulmonary
resuscitation (CPR) and first aid of at least eight (8) hours of training, including practical
testing, and supply documentation of familiarity with the American with Disabilities Act.
I. An applicant must have completed an approved course on communicable diseases,
including HIV/AIDS information and prevention. Board approved schools shall include
these courses and those listed in ‘H' above in the curriculum.
Source: Miss Code Ann. § 73-67-15 (1) (e) (Rev. 2008); § 73-67-15 (1) (m) (ii) (Rev. 2008);
§73-67-21 (Rev. 2008); § 73-67-35 (1) (Rev. 2008) Rule 4.2 Educational Requirements
The following is a list of education requirements, which all applicants must meet in order to be
licensed.
A. To obtain a massage therapy license, an applicant must submit to the Board the
applicant's official and certified transcript(s) from the applicant's massage therapy
school. Official transcripts must be submitted to the Board directly from the approved
massage therapy school. If a transcript is submitted directly from other than an approved
massage therapy school for an applicant who does not qualify under the reciprocity
provisions of Rule 4.5, then the applicant's massage therapy school must be accredited
and must meet the educational and curriculum requirements of Rule 4.2.B and Rule 4.3. For a massage therapy school that has ceased operation, the transcript must be provided
by a third party that is acceptable to the Board, such as the custodian of the school's
records, or that state's massage regulatory body, or the National Certification Board for
Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy
Boards.
B. The transcript must verify that the applicant has completed a board-approved training
program of not less than six hundred (600) hours of directly supervised in-class massage
therapy instruction, and at least one hundred (100) hours of student clinic, with a
minimum grade requirement of "C" or better in every course of instruction, in the
following subjects:
1. Two hundred (200) hours in massage theory and practicum, which must
include a minimum of the following classroom hours in the specified subject
areas:
a. Ten (10) hours in legalities including Mississippi massage law and
ethics. Students must be furnished complete copies of the most current
MS Law 73-67-1 et seq., and the Rules and Regulations for this class;
b. Twenty (20) hours in history, benefits, indications and
contraindications;
c. One hundred (100) hours in massage demonstration and supervised
practice, which must include, but is not limited to, client evaluation,
stroking, kneading, stretching, friction, percussion, vibration, range of
motion, hand held tools and devices designated as t-bars or knobbies, and
draping and turning; and
d. The remaining seventy (70) hours may expand on any or all of the
previous three (3) subject areas including electric hand held massagers,
and/or be related to practical massage.
2. Two hundred (200) hours in science of the human body and must include a
minimum of the following classroom hours in the specified subject areas:
a. Twenty (20) hours in anatomy, including all body systems;
b. Twenty (20) hours in physiology, including all body systems;
c. Twenty (20) hours in myology/kinesiology;
d. Twenty (20) hours in neurology;
e. Twenty (20) hours in pathology, including medical terminology; and
f. The remaining one hundred (100) hours may expand on any or all of the
previous six (6) subject areas and/or be related to the science of the human
body.
3. Two hundred (200) hours in allied modalities and must include, but are not
limited to, a minimum of the following classroom hours in the specified subject
areas:
a. Seven (7) hours in Eastern, European and Western theory/methods;
b. Eight (8) hours in cardiopulmonary resuscitation (CPR) and first aid;
c. Ten (10) hours in charting and documentation;
d. Twenty-five (25) hours in hydrotherapy and infrared heat;
e. Twenty (20) hours in referral methods within the health care system;
and f. The remaining one hundred thirty (130) hours may expand on any or all
of the previous five (5) subject areas, including The Americans with
Disabilities Act, and/or be devoted to any approach to massage therapy
and wellness, such as trigger points, management, communication, safety,
oriental or Eastern massage techniques and specialized populations.
4. One hundred (100) hours in supervised student clinic and must include at least
fifty (50) practical hands-on one-hour massage therapy sessions. Each session is
to be documented on a student clinic log, signed and dated by both the instructor
and the student. Supporting session documents shall include;
a. A client intake form with the client's name and address, as well as
reasons for the session, medical history and possible indications and
contraindications, and a medical release, signed and dated by the client,
instructor and the student therapist;
b. Session notes documented in SOAP format, signed and dated by the
instructor and the student therapist,
c. An evaluation of the session by the client, including the client's name,
the date of the session, and the signatures and date of the client, instructor
and the student therapist.
All session documents shall be kept on file at the school for a minimum period of
two (2) years. Each completed session shall constitute two (2) hours of student
clinic, to include the one hour of actual session and one hour of class time for
instruction and evaluation of the session. All 100 hours shall be acquired in the
school student clinic. All hands-on sessions must be supervised by an instructor,
board licensed in the area being supervised. While students are prevented from
accepting any form of compensation for these sessions, and a notice to this effect
shall be clearly posted in the clinic reception area, the school may maintain a tip
jar for those clients desiring to tip. Any such proceeds shall be used for the
benefit of the class as a whole or may be donated to a charitable organization.
Source: Miss Code Ann. § 73-67-15 (1) (g) (h) (Rev. 2008); § 73-67-25; (Rev. 2008); § 73-67-
35 (1) (Rev. 2008) |