NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

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(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Massage Therapy Board, Regulation and Licensing Department

Health Policy Commission

SUMMARY

Synopsis of Bill

The purpose of House Bill 393 is to add exemptions to the Massage Therapy Practice Act which were inadvertently deleted in legislation adopted last year.

Significant Issues

The bill provides an exemption from the Massage Therapy Act for the following:

• Licensed/registered members of other professions
• Massage therapy students
• Visiting massage therapy instructors
• Sobadores
• Hispanic/Native American healers
• Reflexologists whose practice is limited to the hands, feet and ears
• Healers who do not manipulate the soft tissues for therapeutic purposes

TECHNICAL ISSUES

In the opinion of the Health Policy Commission, language in bill is unclear. It seems to prevent some professionals from rendering massage therapy and allows others that do not meet the licensure requirements.

OTHER SUBSTANTIVE ISSUES

According to the Massage Therapy Board, if this bill is not enacted, it is possible massage therapy students could not legally provide massage therapy within the course of study. It is vital to the practice of massage therapy that hands-on massage therapy training be allowed within the course of study by students at registered massage therapy schools.

The Health Policy Commission provided the following comments on the bill:

• New Mexico is a multicultural state and various healers are utilized to provide massage.



• Alternate options are currently available to New Mexicans.



• The Massage Therapy Practice Act currently has strict guidelines in order to offer New Mexicans massage therapy services by qualified therapists.

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