TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The
Board of Nursing is claiming an exemption from Article 2 of the Administrative
Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia,
which excludes regulations that are necessary to conform to changes in Virginia
statutory law or the appropriation act where no agency discretion is involved.
The Board of Nursing will receive, consider, and respond to petitions by any interested
person at any time with respect to reconsideration or revision.
Title of Regulation: 18VAC90-50. Regulations
Governing the Licensure of Massage Therapists (amending 18VAC90-50-40).
Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the
Code of Virginia.
Effective Date: September 30, 2020.
Agency Contact: Jay P. Douglas, R.N., Executive
Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA
23233-1463, telephone (804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.
Summary:
To conform the regulation to Chapter 727 of the 2020 Acts
of Assembly, the amendments (i) clarify the licensure requirement for
completion of a massage therapy educational program that has a minimum of 500
hours of training and (ii) specify the requirements for a foreign-trained
massage therapist seeking licensure, including that the applicant has passed a
board-approved English language proficiency examination, is at least 18 years
of age, and has not committed any acts or omissions that would be grounds for
disciplinary action or denial of licensure.
Part II
Requirements for Licensure
18VAC90-50-40. Initial licensure.
A. An applicant seeking initial licensure shall submit a
completed application and required fee and verification of meeting the
requirements of § 54.1-3029 A of the Code of Virginia as follows:
1. Is at least 18 years old;
2. Has successfully completed a minimum of 500 hours of
training from a massage therapy educational program that required
a minimum of 500 hours of training. The massage therapy educational program
shall be certified or approved by the State Council of Higher Education for
Virginia or an agency in another state, the District of Columbia, or a United
States territory that approves educational programs, notwithstanding the
provisions of § 23.1-226 of the Code of Virginia;
3. Has passed the Licensing Examination of the Federation of
State Massage Therapy Boards, or an exam deemed acceptable to the board;
4. Has not committed any acts or omissions that would be
grounds for disciplinary action or denial of certification as set forth in § 54.1-3007
of the Code of Virginia and 18VAC90-50-90; and
5. Has completed a criminal history background check as
required by § 54.1-3005.1 of the Code of Virginia.
B. An applicant shall attest that he has read and will comply
with laws and regulations and the professional code of ethics relating to
massage therapy.
C. An applicant who has been licensed or certified in
another country and who provides certification of equivalency to the
educational requirements in Virginia from a credentialing body acceptable to
the board shall take and pass an examination as required in subsection A of
this section in order to become licensed. completed a massage therapy
educational program in a foreign country may apply for licensure as a massage
therapist upon submission of evidence satisfactory to the board that the
applicant:
1. Is at least 18 years old;
2. Has successfully completed a massage therapy educational
program in a foreign country that is comparable to a massage therapy
educational program required for licensure by the board as demonstrated by
submission of evidence of comparability and equivalency provided by an agency
that evaluates credentials for persons who have studied outside the United
States;
3. Has passed a board-approved English language proficiency
examination; and
4. Has not committed any acts or omissions that would be
grounds for disciplinary action or denial of licensure as set forth in Chapter
30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia.
The board shall issue a license to an applicant who meets the
requirements in this subsection upon submission by the applicant of evidence
satisfactory to the board that the applicant has completed an English version
of the Licensing Examination of the Federation of State Massage Therapy Boards
or a comparable examination deemed acceptable to the board.
VA.R. Doc. No. R21-6407; Filed August 3, 2020, 12:33 p.m.