CHAPTER 289

FORMERLY

HOUSE BILL NO. 208

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 3

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF MASSAGE AND BODYWORK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 5308 of Title 24 of the Delaware Code by inserting a new Subsection (a)(6) to provide as follows:

“(a)(6) Is at least eighteen years of age.”.

Section 2. Amend § 5308 of Title 24 of the Delaware Code by inserting a new Subsection (d) to provide as follows:

“(d) The Board shall grant a license to an applicant, who was previously licensed as a massage therapist in this State, and who has let his or her license lapse due to a failure to timely renew said license, subject to the applicant meeting the requirements of Subsection (a) of this Section, and the continuing education requirements as provided for in the Board’s rules and regulations.”.

Section 3. Amend Subsection 5309(a)(1) of Title 24 of the Delaware Code, by deleting said subsection in its entirety and substituting in lieu thereof the following:

“(1) 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 (60) hours of anatomy and physiology;

b. one hundred-forty (140) hours of theory and technique;

c. one hundred (100) hours of elective courses in the field of massage therapy;

This requirement will apply to all certification applications submitted after July 1, 2004. For applications submitted prior to July 1, 2004, the applicant shall have completed as a minimum, 1 one hundred (100) hour course of supervised in-class study of massage.”.

Section 4. Amend § 5309 of Title 24 of the Delaware Code by inserting a new subsection (a)(4) as follows:

“(4) Is at least eighteen years of age.”.

Section 5. Amend § 5309 of Title 24 of the Delaware Code by inserting a new Subsection (d) as follows:

“(d) The Board shall grant a certification to an applicant who was previously granted a certification in this State, and who has let his or her certification lapse due to a failure to timely renew said license, subject to the applicant meeting the requirements of Subsection (a) of this Section, and the continuing education requirements as provided for in the Board’s rules and regulations.”.

Section 6. Amend § 5310 of Title 24 of the Delaware Code by inserting the words “possesses current CPR certification,” following the words “has practiced continually for 2 years,” and before the words “and in addition, for an applicant”.

Section 7. Amend § 5312 by inserting a new Subsection (d) as follows:

“(d) Any licensee or certificate holder, upon written request, may be placed on inactive status. Any person who desires to reactivate his or her license or certificate shall complete a Board approved application form, submit a reactivation fee set by the Division, submit proof of current CPR certification, and submit evidence of compliance with continuing education requirements in accordance with the Board’s rules and regulations.”.

Section 8. Amend §5309, Title 24 of the Delaware Code, by redesignating subsections (b) and (c) thereof as subsections (c) and (d) respectively and by inserting therein a new subsection (b) to read as follows:

“(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 (50) hours of anatomy and physiology;

(2) one hundred and ten (110) hours of theory and technique;

(3) twenty-five (25) hours of ethics, law, and contraindications; and

(4) fifteen (15) 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 one year and may not be renewed or reissued, and shall not be eligible for inactive status.”

Approved June 29, 2004