By the Division of Professional Licensure

3.01 Application and Licensing

(1) Application.

(a) Application for licensure must be made in the manner prescribed by the Board.

(b) No application shall be acted upon by the Board unless said application is made on forms which are furnished by the Board, and unless said application is completely and properly filled out in the manner prescribed by the Board, attested to under the pains and penalties of perjury, and accompanied by such other information that the Board may require.

(c) Incomplete applications will be held open for 180 calendar days.



(2) Licensure. With the exception of those provisions in 269 CMR 3.01(3) and (4), in order to be licensed as a Massage Therapist, applicants must meet the requirements for licensure set by M.G.L. c. 112, §§ 227 through 235, to wit:

(a) Possess a high school diploma or its equivalent. An equivalent shall include a General Equivalency Diploma ("GED"), or a transcript from a regionally-accredited institution of higher education, or, in the discretion of the Board, similar documents from foreign jurisdictions;

(b) Be at least 18 years of age;

(c) Provide the Board with two letters of professional reference, of which:

1. One letter shall be from an employer in the Massage therapy or medical field, Massage therapy educator, Massage Therapist, or health care provider with whom the applicant has had a professional relationship who should address the applicant's competency and integrity; and

2. One letter shall be from any, Unrelated individual who should attest to the applicant's business or professional integrity;

(d) Be of good moral character as set forth in 269 CMR 3.04;

(e) Have successfully completed a Board-approved course of study.

1. For those individuals who apply for licensure prior to May 1, 2010, the course of study shall include a minimum of 500 classroom hours or an equivalent number of credit hours of supervised instruction at a Licensed Massage School. (NOTE: For schools that are not licensed, the Board, in its discretion, shall determine whether the school curriculum is adequate. Distance learning shall not be accepted by the Board as an approved course of study.)

2. For those individuals who apply for licensure after May 1, 2010, the course of study shall include a minimum of 650 classroom hours or an equivalent number of credit hours of supervised instruction at a Licensed Massage School.

At a minimum, the 650 course of study shall include 550 hours of academic courses, including 100 hours in the Anatomy and Physiology of the Body; 45 hours in Pathology; 45 hours in Kinesiology; 300 hours in supervised in classroom Massage Theory and Technique; and 60 hours in Ethics, Professionalism and Business Practices. Additionally, the 650 hour course of study shall include 100 hours of unpaid and supervised clinical or internship experience;

(f) Have not been convicted, in any jurisdiction, of a sexually-related crime or a crime involving moral turpitude for a period of ten years immediately prior to the date of application;

(g) Provide proof of coverage by an individual professional liability insurance policy of at least $1,000,000 per occurrence and at least $1,000,000 aggregate; and

(h) Pay the non-refundable fee as established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B.



(3) "Grandfathering" Licensure. For applications received prior to May 1, 2008, the Board, in its discretion, may grant a license to an applicant if the Board determines that the applicant's combined professional and education credentials qualify the applicant for licensure and the applicant meets the requirements of 269 CMR 3.01(2)(a) through 3.01(2)(h); and

(a) The applicant submits evidence satisfactory to the Board of at least 500 hours of paid professional practice in the field of Massage therapy provided within the five years prior to application; or

(b) The applicant has been validly authorized to practice Massage therapy by a municipality within the Commonwealth within the two years prior to the date of application. Valid authorization shall not include temporary licensure; or

(c) The applicant submits proof of the passage of either the National Certification Examination for Therapeutic Massage (NCETM) or the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB), both of which are administered by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB).



(4) Reciprocal Licensure. The Board, upon receipt of the required, non-refundable fee and a completed, Board-approved application, pursuant to M.G.L. c. 112, § 230, may issue a reciprocal license without examination to any person who holds a license, certification or registration as a Massage Therapist, or the equivalent thereof, as determined by the Board, issued by another state or jurisdiction, provided that:

(a) The requirements and standards for that license, certificate or registration are reasonably equivalent to or exceed the standards of the Commonwealth, as determined by the Board; and

(b) The applicant meets the requirements of 269 CMR 3.01(2)(a) through 3.01(2)(h).

(c) The Board shall not grant reciprocal licensure to any person whose license to practice Massage Therapy is revoked or suspended by any other jurisdiction.

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3.02 Procedures for Renewal of a License and Renewal of a Lapsed/Expired License

(1) Requirements for Renewal of a License.

(a) Licensees must renew their licenses every year. Each license originally issued to a Licensee shall be valid for a minimum of 12 months and shall expire on the 28th day of the Licensee's birth month. Each subsequent renewal shall be on the anniversary of that date.

(b) A Licensee must submit to the Board, or its agent, a completed written or electronic renewal application and the required fees prior to the expiration date of the license; and

(c) A Licensee must furnish the Board with satisfactory proof that he/she has not been convicted in any jurisdiction of a sexually-related crime or a crime of moral turpitude since the original application for licensure; and

(d) A Licensee must furnish the Board with satisfactory proof that he/she has adequate individual professional liability insurance consistent with 269 CMR 3.01(2)(g); and

(e) A Licensee must fulfill and document the satisfactory completion of continuing education requirements as specified in 269 CMR 4.00 et seq.



(2) Procedures for Renewal of a Lapsed/Expired License.

(a) If a Licensee fails to meet the requirements for license renewal as set forth in 269 CMR 3.02(1), the license of such person shall be considered expired and not in good standing. A Licensee with an expired license shall not be permitted to use the title "Massage Therapist" or "Massage Practitioner" or "LMT" or any other abbreviation that implies state licensure or practice Massage during the period in which the license is expired.

(b) If a former Licensee of this jurisdiction requests that an expired license be reinstated within five years from the date of expiration, that individual must pay all intervening renewal fees, the fee for the current licensure period, and one late fee. In addition, the individual must meet all continuing education contact hours required by the Board since the date the license was last issued/renewed. The individual also may be subject to disciplinary action for unlicensed practice, if he/she practiced massage without a license.



(c) If an expired license is not renewed within five years of the date of expiration, the Licensee must apply for license re-issuance. The license will only be reissued if the applicant meets all of the Board's statutory and regulatory licensure requirements in existence at the time of re-application, pays all application fees in accordance with the procedures identified in 269 CMR 3.01, and completes all continuing education requirements for all renewal periods between the date of license expiration and the date of reapplication.

(d) For an individual who is licensed and practicing Massage in another jurisdiction, but whose license has expired in the Commonwealth, the Board, or its agent, shall consider, on a case-by-case basis, whether the continuing education requirements of the other jurisdiction are reasonably equivalent to those in the Commonwealth and, therefore, can be used as a basis for reinstatement of the expired license.

1. The Board, or its agent, shall consider, on a case-by-case basis, the overall competence of the individual. The Board may require the applicant to appear before the Board, and/or take an examination, and/or document continued professional competence, and/or practice under supervision prior to, or as a term or condition of reinstatement of the expired license.

2. For purposes of 269 CMR 3.02(2)(d), the fee for re-instatement of such a license shall be the same as the reciprocal license fee established by the Secretary of Administration & Finance.

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3.03 Procedures for Reinstatement of a License that has been Revoked, Suspended, Surrendered, or Placed on Probation

Reinstatement of a License/Removal of Probation. The procedures for reinstatement of a license after that license has been revoked, suspended, surrendered, or placed on probation shall be determined by the guidelines established by the Board or, in specific matters, by consent agreement, or by decision and order of the Board. In all cases, unless there is specific language to the contrary in the documentation of the action taken, the individual shall be required to petition the Board, in writing, for a change in license status. At the discretion of the Board, a personal appearance may be required. Said petitions and appearances will ordinarily be considered at a regularly scheduled Board meeting, at least 60 days prior to the appropriate anniversary of the disciplinary action.

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3.04 Good Moral Character Requirement

(1) An application for licensure as a Massage Therapist or Massage Practitioner shall be accompanied by such written documentation as the Board may reasonably require in order to determine whether the applicant is of "good moral character".

(2) Conduct which reasonably raises a question about whether an applicant possesses the "good moral character" required for registration includes, but is not limited to, any of the following:

(a) Conviction of any criminal offense, other than a routine traffic violation. The term "conviction" means any of the following:

(1) A final judgment entered after a jury verdict of guilty or a judicial finding of guilty; or

(2) A plea of guilty; or

(3) A plea of nolo contendere (no contest); or

(4) Any other plea or finding which is treated by the court as a plea or finding of guilty;

(b) Conduct that violates any of the provisions in the Code of Professional Ethics contained in 269 CMR 5.01; and

(c) Disciplinary action taken against any professional license, registration or certification held by the applicant by the applicable governmental authority of any state, territory or political subdivision of the United States or any foreign jurisdiction;

(3) If the Board receives information about an applicant for licensure that reasonably raises a question about whether that applicant is of "good moral character", the Board shall conduct a further inquiry into the relevant facts and circumstances before making a final decision on the application.

(a) Determinations about whether an applicant for registration possesses the "good moral character" required for licensure shall be made on an individualized, case-by-case basis.

(b) If the Board determines, in its discretion, that such steps are reasonably necessary, the Board may require the applicant to appear personally before the Board, and/or furnish additional written information to the extent permitted by applicable state or federal law.

(1) An application for licensure as a Massage Therapist or Massage Practitioner shall be accompanied by such written documentation as the Board may reasonably require in order to determine whether the applicant is of "good moral character".



(2) Conduct which reasonably raises a question about whether an applicant possesses the "good moral character" required for registration includes, but is not limited to, any of the following:

(a) Conviction of any criminal offense, other than a routine traffic violation. The term "conviction" means any of the following:

1. A final judgment entered after a jury verdict of guilty or a judicial finding of guilty; or

2. A plea of guilty; or

3. A plea of nolo contendere (no contest); or

4. Any other plea or finding which is treated by the court as a plea or finding of guilty;

(b) Conduct that violates any of the provisions in the Code of Professional Ethics contained in 269 CMR 5.01; and

(c) Disciplinary action taken against any professional license, registration or certification held by the applicant by the applicable governmental authority of any state, territory or political subdivision of the United States or any foreign jurisdiction.



(3) If the Board receives information about an applicant for licensure that reasonably raises a question about whether that applicant is of "good moral character", the Board shall conduct a further inquiry into the relevant facts and circumstances before making a final decision on the application.



(a) Determinations about whether an applicant for registration possesses the "good moral character" required for licensure shall be made on an individualized, case-by-case basis.

(b) If the Board determines, in its discretion, that such steps are reasonably necessary, the Board may require the applicant to appear personally before the Board, and/or furnish additional written information to the extent permitted by applicable state or federal law.

(c) The burden of demonstrating that the applicant possesses the good moral character required for registration shall rest with the applicant.

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3.05 Communication with the Board; Notification of Change of Name or Address

(1) Official Mailing Address. The mailing address supplied to the Board by the Licensee will suffice as the legal address for the receipt of official process or notification from the Board. Failure to supply the Board with an official address for the receipt of legal process or other Board notifications may result in a default judgment or independent disciplinary action taken as a result of this failure.



(2) Change of Name or Address. The Licensee shall notify the Board of any change in name or address. Such notification shall be in writing or electronically and shall be submitted within 30 calendar days of the change in name or address.



(3) Responding to the Board. A Licensee shall respond within 30 calendar days, unless otherwise indicated, to a written communication from the Board, or its designee, and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the Licensee's professional conduct. The 30-calendar day period commences on the date the Board sends the communication by regular mail to the Licensee's last known address.

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3.06 License Fee

License fees are set by the Secretary of Administration and Finance of the Commonwealth of Massachusetts, consistent with M.G.L. c. 7, § 3B.

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3.07 Late Filing Fee

Renewal forms and fees received after the due date will be subject to a late filing fee set by the Secretary of Administration and Finance, consistent with M.G.L. c. 7, § 3B.

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3.08 Reimbursement of Fees

Application and license fees are not refundable.

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REGULATORY AUTHORITY
M.G.L. c. 13, §13; c. 112, §§61 through 65E and §§227.