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201 KAR 42:010.Goals for massage therapy sessions.

RELATES TO:

KRS 309.350(7), 309.355(3)

STATUTORY AUTHORITY:

KRS 309.355(3)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 309.355(3) requires the board to promulgate administrative regulations setting standards of practice. This administrative regulation establishes the goals of massage therapy and possible means of achieving these goals.

Section 1. (1)

Goals for massage therapy may include:

(a)

Maintaining health;

(b)

Providing relaxation;

(c)

Preserving or increasing functional capacity;

(d)

Diminishing soft-tissue pain arising from stress, anxiety, adhesions, and overuses; and

(e)

Providing treatment that is professionally appropriate for the client.

(2)

In order to reach these objectives, the massage therapist shall:

(a)

Provide consultation with a client or a referring professional on soft-tissue issues;

(b)

Evaluate clients for the appropriate approaches for each session;

(c)

Plan sessions;

(d)

Provide direct treatment; and

(e)

Provide draping and treatment in a way that ensures the safety, comfort, and privacy of the client.[

HISTORY: (32 Ky.R. 1015; 1226; eff. 2-3-2006; 37 Ky.R. Am. 1009; 1695; 1989; eff. 3-4-2011; Cert eff. 2-26-2020; 48 Ky.R. 1241; eff. 7-5-2022.)

BRANDY MADDING, LMT, Chair

APPROVED BY AGENCY: September 13, 2021

FILED WITH LRC: September 15, 2021 at 9:58 a.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held at 8:00 a.m. EST on November 29, 2021, at 500 Mero Street, 133CE, Frankfort, Kentucky 40601. All attendees shall comply with all Executive Orders relating to the State of Emergency as may be in effect on the date of the public hearing, which may be found at: https://governor.ky.gov/covid-19. Members of the public may utilize the following link to attend the meeting by video conference:

CONTACT PERSON: Leah Cooper Boggs, General Counsel, Department of Professional Licensing, 500 Mero Street 237 CW, phone (office) (502) 782-0562, phone (cell) (502) 352-8095, fax (502) 564-3969, email LBoggs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person:

Leah Cooper Boggs

(1) Provide a brief summary of:

(a) What this administrative regulation does:

This administrative regulation sets forth the goals of a massage therapy session.

(b) The necessity of this administrative regulation:

This administrative regulation is necessary to update and clarify the goals of a massage therapy session.

The Board is required by KRS 309.355(1) to regulate the practice of massage therapy. KRS 309.355(3) also authorizes the Board to promulgate administrative regulations regarding the practice of massage therapy.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:

The proposed regulation clarifies the goals of a massage therapy session.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation:

This amendment clarifies the goals of a massage therapy session and deletes language regarding cooperation with other health care professionals. This language regarding cooperation with other health care professionals was added as a requirement to the Code of Ethics, 201 KAR 42:060.

(b) The necessity of the amendment to this administrative regulation:

See (1)(b).

See (1)(c).

(d) How the amendment will assist in the effective administration of the statutes:

See (1)(d).

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

This regulation will affect the 2,665 individuals licensed by the Board.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:

None. It only simplifies and clarifies the requirements of a massage therapy session.

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):

None. It only simplifies and clarifies the requirements of a massage therapy session.

It will assist licensees and prospective licensees in understanding the goals of a massage therapy session.

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially:

None. It only simplifies and clarifies the goals of a massage therapy session.

(b) On a continuing basis:

None.

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:

There is no cost to the implementation and enforcement of this administrative regulation.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:

No additional funding or increase in fees is needed.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:

No fees are directly or indirectly established or increased by the administrative regulation.

(9) TIERING: Is tiering applied?

Tiering is not applicable as the proposed language will be applied equally to all entities impacted by it.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?

The Board of Licensure for Massage Therapy.

(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.

KRS 309.355(1); KRS 309.355(3)

(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

The administrative regulation will not create any additional expenses or revenues for any state or local government agency after implementation. (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fires, or school districts) for the first year? No revenues are expected to be generated by the provisions of this administrative regulation.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?

None.

There are no additional costs.

(d) How much will it cost to administer this program for subsequent years?

See 3(c).

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+/-):

Expenditures (+/-):

Other Explanation:

201 KAR 42:010.Goals for massage therapy sessions.

RELATES TO:

KRS 309.350(7), 309.355(3)

STATUTORY AUTHORITY:

KRS 309.355(3)

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1. (1)

Goals for massage therapy may~~shall~~ include:

(a)

Maintaining health;

(b)

Providing relaxation;

(c)

Preserving or increasing functional capacity;

(d)

Diminishing soft-tissue pain arising from stress, anxiety, adhesions, and overuses; and

(e)

Providing treatment that is professionally appropriate for the client.

(2)

In order to reach these objectives, the massage therapist shall:

(a)

Provide consultation with a client or a referring professional on soft-tissue issues;

(b)

Evaluate clients for the appropriate approaches for each session;

(c)

Plan sessions;

(d)

Provide direct treatment; and

(e)

Provide draping and treatment in a way that ensures the safety, comfort, and privacy of the client.[

(3)

~~With client permission, the massage therapist may interact with the client's physician or other healthcare providers if the client is under direct medical care.~~

Section 2.

~~Client Management.~~

(1)

~~The massage therapist shall:~~

(a)

~~Evaluate each client through:~~

1.

~~Intake interviews;~~

2.

~~Observation;~~

3.

~~Palpation; and~~

4.

~~Relevant records provided by the client;~~

(b)

~~Plan and implement a treatment session or program individualized for the client; and~~

(c)

~~Refer to a licensed healthcare provider any client whose condition is determined by the massage therapist to be beyond the therapist's scope of practice.~~

(2)

~~If the basis for a massage appointment is a referral from a healthcare provider, the massage therapist may confer with the referring healthcare provider after obtaining the client's permission.~~

(3)

~~If the client is self-referred and under the care of a doctor, the massage therapist may seek permission to:~~

(a)

~~Advise the doctor that the patient is seeking massage treatment;~~

(b)

~~Provide to the doctor the massage therapist's evaluation results;~~

(c)

~~Advise the doctor of the noted treatment plan; and~~

(d)

~~Provide a follow-up report upon completion of the massage treatment plan to enhance communication between the multidisciplinary care-giving team.~~