_________ Bill No. _______

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act relating to somatic practices; providing for the licensing and certification of somatic practitioners; amending section 2-15-1840; and providing effective dates and a termination date."



Be it enacted by the Legislature of the State of Montana:



NEW SECTION. Section 1.  Legislative finding -- purpose. (1) The legislature finds that a significant number of Montanans choose somatic practices for their holistic health care needs and declares that somatic practices are a distinct health care profession that contributes to public freedom of choice in health care. Somatic practices have application in the health care, personal care, wellness, and fitness fields.

(2) The purposes of [sections 1 through 23] are to:

(a) define two levels of practice:

(i) licensing; and

(ii) state certification;

(b) provide standards for the two levels of practice;

(c) establish specialty titles associated with both levels of practice;

(d) protect the consumer's future access to somatic practices as an alternative health care service; and

(e) provide a means of practitioner identification.



NEW SECTION. Section 2.  General provisions. The provisions of Title 37, chapter 1, unless stated otherwise, apply to both licensed and state-certified practitioners and applicants governed by [sections 1 through 23].



NEW SECTION. Section 3.  Definitions. Unless the context requires otherwise, in [sections 1 through 23], the following definitions apply:

(1) "AIDS/HIV" means acquired immunodeficiency syndrome/human immunodeficiency virus.

(2) "Anatomy" means the study of the structure of a body.

(3) "Applicant" means a person who has submitted an application to the board pursuant to [sections 1 through 23].

(4) "Board" means the alternative health care board established in 2-15-1840.

(5) "Communicable disease" means a disease transmitted from one person to another, either directly or indirectly.

(6) "Holistic" means the recognition that the care of the whole person is integral to the treatment process.

(7) "Movement education" means instruction in movement patterns as it pertains to somatic practices.

(8) "Movement evaluation" means the assessment of movement patterns as it pertains to somatic practices.

(9) "Physiology" means the study of the function of a body.

(10) "Postural evaluation" means the assessment of the body in relationship to itself and its environment as it pertains to somatic practices.

(11) "Professional organization or association" means a professional society of somatic practitioners.

(12) "Range of motion" means testing movement patterns to their fullest extent as it pertains to somatic practices.

(13) "Remediation" means the movement of the body toward homeostasis as it pertains to somatic practices.

(14) "Somatic" means of the body.

(15) "Somatic practices" means a range of holistic disciplines in which structured touch or directed movement is applied for the purpose of facilitating muscle relaxation, reducing stress, relieving pain, and enhancing health and well-being. These do not include practices that are covered by existing statutes or practices that constitute an illegal act.

(16) "Somatic practitioner" means a person who performs somatic practices.

(17) "Specialty title license" means that a practitioner may use the terms "state-licensed" or "licensed" in conjunction with a specific modality or technique.

(18) "Specialty title state certificate" means that a practitioner may use the term "state-certified" in conjunction with a specific modality or technique.

(19) "State certified" refers to any practitioner certified under [sections 1 through 23] whose practice includes the following as they pertain to somatic practices:

(a) personal care, which includes wellness and stress reduction;

(b) providing education, including self-care and stress management; and

(c) fitness.

(20) "State licensed" or "licensed" refers to any practitioner licensed under [sections 1 through 23] whose practice includes the following as they pertain to somatic practices:

(a) holistic health care, which includes the remediation of soft tissue injury, chronic or acute soft tissue pain, or other clinical signs and symptoms;

(b) personal care, which includes wellness and stress reduction;

(c) providing education, including self-care and stress management; and

(d) fitness.

(21) "Training program" means a course of sequential instruction of at least 100 hours in length leading to qualification for a license or state certificate. Training programs may include anatomy, physiology, ethics, theory, technique, postural evaluation, movement evaluation, indications, contraindications, movement education, range of motion, pathology for somatic practices, and other education as it applies to somatic practices, including self-care and stress management.



NEW SECTION. Section 4.  Exemptions. (1) The provisions of [sections 1 through 23] do not affect the practice of an occupation by an individual who does not represent to the public that the individual is licensed or state-certified under [sections 1 through 23].

(2) The provisions of [sections 1 through 23] do not restrict or apply to the scope of practice of any other profession licensed under the laws of this state and do not constitute the practice of medicine, dentistry, osteopathy, podiatry, nursing, physical therapy, chiropractic, acupuncture, veterinary medicine, occupational therapy, naturopathic medicine, or cosmetology.

(3) Somatic practices do not include attempts to adjust or manipulate any articulations of the body or spine by the use of a thrusting force such as those used in the practice of chiropractic.



NEW SECTION. Section 5.  Title restricted. (1) Only a somatic practitioner who is licensed or state-certified under [sections 1 through 23] may use the term "state-licensed", "licensed", or "state-certified" in conjunction with terms referring to any somatic practice.

(2) A person who is licensed under [sections 1 through 23] may use the term "state-licensed somatic practitioner" or "licensed somatic practitioner" as a title, and a person who is certified under [sections 1 through 23] may use the term "state-certified somatic practitioner" as a title.

(3) The terms and titles authorized for use in this section are restricted to describing and identifying licensed or state-certified practitioners and their practice. A person who uses these terms and titles to represent the person or the person's practice to the public without being licensed or state-certified is in violation of [sections 1 through 23].

(4) Somatic practitioners certified by a professional organization or association are not prohibited from using the term "certified". It is a violation of [sections 1 through 23] if the origin of the certification is not clearly stated in any form of advertisement.



NEW SECTION. Section 6.  Violations. (1) As provided in Title 37, chapter 1, a violation of [sections 1 through 23] may be enjoined by a district court on petition by the board.

(2) A violation of [sections 1 through 23] may be grounds for sanctions subject to the provisions of 37-1-312.



NEW SECTION. Section 7.  Display of license and state certificate. A somatic practices license or state certificate issued by the board must be posted in a conspicuous place in the holder's principal place of business.



NEW SECTION. Section 8.  Advertising. (1) In addition to any other provision of this title governing advertising, each somatic practitioner who is licensed or state-certified under the provisions of [sections 1 through 23] shall include the number of the practitioner's license or state certificate in any advertisement of somatic practices in any newspaper, airwave transmission, telephone directory, or other advertising medium when possession of a license or state certificate is implied or directly stated.

(2) It is a violation of [sections 1 through 23] for a state-certified practitioner to advertise, convey, or state in any form or manner that the practitioner addresses health care issues.

(3) During the period that a somatic practitioner is in an inactive status, the somatic practitioner may not advertise that the practitioner is licensed or state-certified.



NEW SECTION. Section 9.  Inclusion of other health care practitioners. A health care practitioner licensed by this state may apply and qualify for a specialty title license or specialty title state certificate under [sections 1 through 23] if the practitioner meets the criteria outlined in [section 21(2)].



NEW SECTION. Section 10.  Workshops and seminars. Workshops and seminars leading to qualification for a specialty title license or specialty title state certificate are exempt from the provisions of Title 20, chapter 30.



NEW SECTION. Section 11.  Fees. Fees collected pursuant to [sections 1 through 23] must be deposited in the state special revenue fund for use by the board, subject to the provisions of 37-1-101. Fees must be commensurate with costs. Fees are nonrefundable.



NEW SECTION. Section 12.  General powers and duties of board -- rulemaking authority -- advisory council. (1) Subject to the provisions of Title 37, chapter 1, the board shall adopt rules to administer [sections 1 through 23].

(2) The board shall establish an advisory council to advise the board on matters strictly related to somatic practices. The advisory council must be appointed by the board and must consist of up to six somatic practitioners with qualifications determined by the board. The board shall assign the advisory council tasks that it considers necessary. The members of the advisory council are entitled to receive compensation only for mileage.

(3) The board shall promulgate rules to provide for the licensure and state certification of somatic practitioners. The rules must include but not be limited to:

(a) a determination of which disciplines of the somatic practices are eligible for licensure and state certification; and

(b) the establishment of standards of education and experience required for licensure and state certification for each discipline that are consistent with the standards established by national somatic practices certifying organizations.



NEW SECTION. Section 13.  General applicant requirements. An applicant is required to meet the following requirements:

(1) have a high school diploma or its equivalent;

(2) be at least 18 years of age;

(3) be currently certified by the American heart association or American red cross to perform cardiopulmonary resuscitation;

(4) have completed a minimum of 4 hours of training in AIDS/HIV and other communicable diseases offered by a board-approved professional organization or association or an educational program approved under [sections 1 through 23] within the 2 years prior to application; and

(5) not have been convicted of prostitution or a nonconsensual sex crime.



NEW SECTION. Section 14.  License -- educational and practical experience requirements. To be eligible for a license as a somatic practitioner, an applicant is required to:

(1) meet the requirements of [section 13]; and

(2) meet one of the following criteria:

(a) receive a passing score on a national certification examination in massage, bodywork, or other somatic practice that is provided by a board, agency, or organization that has been approved by the national commission for certifying agencies, the accrediting arm of the national organization for competency assurance, or a comparable agency or organization;

(b) acquire 600 eligibility points through education with the awarding of points to be determined by the board by rule. Individual somatic practices may require education in specific areas, including application of superficial hot and cold, heliotherapy, and external application of herbal or topical preparations that are not classified as prescription drugs. Practitioners may use any of these applications if they have received training in that specific application.

(c) acquire 600 eligibility points through a combination of education and experience as outlined below:

(i) a minimum of 400 educational points acquired through a training program that must comply with the law of the state in which it is conducted, including specific education as provided in subsection (2)(b); and

(ii) a maximum of 200 practical experience points to be acquired as provided by the board by rule or by [sections 1 through 23]; or

(d) have been a Montana state-certified practitioner for 5 years and:

(i) have been certified by a professional organization or association in a technique or modality that has been listed as a somatic practice. The training for the technique or modality must be an advanced program of study and may include seminars or workshops.

(ii) have received additional training in subject areas as specified in subsection (2)(b).



NEW SECTION. Section 15.  Grandfathering license applicants. An applicant may qualify for a license as a somatic practitioner if the applicant:

(1) meets the requirements of [section 13]; and

(2) meets one of the following criteria:

(a) was licensed in good standing in massage therapy by the state of Montana prior to 1981; or

(b) has 5 years of experience in somatic practice.



NEW SECTION. Section 16.  License renewal. (1) Licenses must be renewed annually.

(2) A practitioner holding a license granted under [section 15] shall verify, upon application for a second license renewal, that the practitioner has completed continuing education that includes the following training as it pertains to the field of somatic practices:

(a) movement education;

(b) range of motion;

(c) postural evaluation;

(d) movement evaluation; and

(e) education as it applies to somatic practices, including self-care and stress management.

(3) Practitioners of an individual somatic practice that requires education in specific areas shall ensure that their education is current with those requirements.



NEW SECTION. Section 17.  General state certification -- educational and practical experience requirements. To be eligible for a state certificate as a somatic practitioner, an applicant is required to:

(1) meet the requirements of [section 13]; and

(2) have satisfactorily completed education or practical experience requirements as provided in [sections 1 through 23] that must include 120 hours of sequential training that at a minimum provides for education in anatomy, physiology, ethics, theory, technique, indications, and contraindications.



NEW SECTION. Section 18.  Grandfathering certificate applicants. An applicant may qualify for state certification as a somatic practitioner if the applicant:

(1) meets the requirements of [section 13]; and

(2) has 1 year of experience in somatic practices.



NEW SECTION. Section 19.  Certificate renewal. State certificates must be renewed annually.



NEW SECTION. Section 20.  Criteria for qualification as specialty title. For a somatic practice to qualify as a specialty title, the following minimum requirements must be met:

(1) The modality or technique must be a somatic practice recognized by the board.

(2) Proficiency in the somatic practice must be objectively measurable by an assessment tool developed by a national or international organization.

(3) Training in the somatic practice must be offered through a training program, workshop, or seminar that complies with the laws of the state in which it is conducted.



NEW SECTION. Section 21.  Practitioner criteria for use of specialty titles. (1) Only a licensed somatic practitioner may apply for a specialty title license. Only a state-certified somatic practitioner may apply for a specialty title state certificate.

(2) (a) A somatic practitioner may apply for a specialty title if the practitioner meets criteria established by the board that may include a passing score on the use of an assessment tool referred to in [section 20] or the successful completion of training in the specialty as provided for in [section 20], or both.

(b) A specialty title that includes a trademarked name may not be granted unless the applicant meets the requirements to use the trademark.



NEW SECTION. Section 22.  Grandfathering of specialty titles. (1) A practitioner receiving a license under [section 15] or a state certificate under [section 18] may be granted a specialty title if the practitioner can verify that the specialty title was in use prior to the practitioner's application for a license or state certificate.

(2) Practitioners who are not able to verify prior use of a specialty title are subject to the provisions of [section 21].

(3) A specialty title that includes a trademarked name may not be granted under this section unless the applicant meets the requirements to use the trademark.



NEW SECTION. Section 23.  Specialty title renewal. (1) A specialty title must be renewed annually.

(2) If a specialty title is a trademarked name, a practitioner holding a specialty title license or specialty title state certificate must also be authorized to continue using the trademark.



Section 24.  Section 2-15-1840, MCA, is amended to read:

"2-15-1840.   Alternative health care board -- composition -- terms -- allocation. (1) There is an alternative health care board.

(2)  The board consists of six eight members appointed by the governor with the consent of the senate. The members are:

(a)  two persons from each of the health care professions regulated by the board who have been actively engaged in the practice of their respective professions for at least 3 years preceding appointment to the board;

(b)  one public member who is not a member of a profession regulated by the board; and

(c)  one member who is a Montana physician whose practice includes obstetrics.

(3)  The members must have been residents of this state for at least 3 years before appointment to the board.

(4)  All members shall serve staggered 4-year terms. A member may not be appointed for more than two consecutive terms. The governor may remove a member from the board for neglect of a duty required by law, for incompetency, or for unprofessional or dishonorable conduct.

(5)  The board is allocated to the department for administrative purposes only, as prescribed in 2-15-121.

(6)  The board is designated a quasi-judicial board for the purposes of 2-15-124, except that one member of the board need not be an attorney licensed to practice law in this state."



NEW SECTION. Section 25.  Codification instruction. [Sections 1 through 23] are intended to be codified as an integral part of Title 37, and the provisions of Title 37 apply to [sections 1 through 23].



NEW SECTION. Section 26.  Effective dates. (1) [Sections 12, 25, and 27 and this section] are effective on passage and approval.

(2) [Sections 1 through 11 and 13 through 24] are effective October 1, 1998.



NEW SECTION. Section 27.  Termination. [Sections 15, 18, and 22] terminate September 30, 2000.

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