Keeping You Informed: HR 9755 (Fingerprinting LMTs)

Usually,  the WSMTA Government Relations (GR) team works to keep you in the know about state level legislation and regulations. Today, I want to bring your attention to a bill at the Federal level. If this bill is passed in the “other Washington”, it would have far reaching implications for Washington State massage therapists.

HR 9755 is a bill that was introduced on the floor of the United States House of Representative by Rep. Lauren Boebert (R-CO-3) on September 23, 2024. The name of the bill is the Human Trafficking Fingerprint Background Check Protection Act of 2024 (click the link to read the HR 9755 bill language).

What is HR 9755?

“The stated purpose of the bill is to require owners and employees of massage wellness spas to undergo fingerprint-based background checks to mitigate the risk of human trafficking and enhance public safety.”

“The term “massage wellness spa” is defined as a business establishment where various forms of massage therapy are offered. A facility where licensed massage therapists provide therapeutic treatments designed to promote relaxation, relieve stress, alleviate pain, and improve overall health and well-being. This definition includes massage parlors, massage facilities, massage spa, and any other facility where the core service is to provide massage services of any kind.”

How Does HR 9755 Affect LMT’s?

What this means is that ALL of us would have to submit to a fingerprint-based background check. Owners, employees, independent contractors would have to pass the background check before being allowed to continue our work. 

New owners would have to pass the background check prior to being able to open a massage business, employees would have to pass before becoming employed, independent contractors would have to pass before being allowed to lease a space in a massage business.

HR 9755 Creates Additional Burdens for Clinic Owners

If you are the owner of a massage facility, YOU will be the person responsible for making sure that all of your employees or independent contractors have passed the background check. You and your employees will also have to undergo mandatory training in recognizing and reporting human trafficking. Anyone who does not follow the rule will be subject to fines, license suspension or perhaps license revocation.

WSMTA’s Stance on HR 9755

The WSMTA GR team and Board of Directors have carefully reviewed the proposed bill and have chosen to oppose it after consulting with one of our trusted experts on human trafficking within massage therapy, who has extensively worked to combat this issue. Our consultant’s assessment is that the bill is both repressive and will be ineffective in achieving its intended purpose. WSMTA remains committed to advocating for measures that truly enhance safety and accountability while respecting and supporting our members and their professional integrity.

 What’s Next?

The next article in this series will explore why HR 9755 is an ineffective tool in the fight against human trafficking and we will review a similar topic being discussed by our Board of Massage.  Watch your inbox for future information about HR 9755.

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The WSMTA Government Relations team Is dedicated to updating and keeping you informed on issues related to legislation and regulation that impact Washington massage therapists. WSMTA advocates for massage therapy to be a recognized and respected healthcare profession by actively engaging with lawmakers and influencing legislation that affect our profession. We work to protect LMTs' rights, promote fair laws and regulations, and ensure the industry’s growth and integrity.

Each year about this time, the Department of Health (DOH) has to submit to the Office of Financial Management (OFM) their list of “financial asks” for the following year. This draft information is presented to DOH partners to comment on. Here are the highlights, specific to LMTs, from that meeting.

Overall fiscal environment: OFM has told state agencies to focus on only submitting requests for continuing work and to limit requests for any new work or enhancements to existing work. This is due primarily to Washington having a new Governor by next year, who will have their own priorities, and some Initiatives on the upcoming ballot that could have a significant impact on the overall state budget.

The two items that most directly affect massage therapists are in the category of Health Systems. Improvement of Credentialing Timelines:

• Long wait times for license issuance is common across all provider types. This is due to a new licensing system, a shortfall in workforce at DOH and a need to get providers working as fast as possible to help with the shortage of healthcare providers

• HELMS, Healthcare Enforcement and Licensing Management System. Additional monies are needed to complete the transition to HELMS and to support HELMS. For more info about HELMS, click on the following link: 

https://doh.wa.gov/licenses-permits-and-certificates/healthcare-enforcement-and-licensing-management-system-helms

You can find the entire list of proposals here. They are due to OFM by September 10 2024.

Did You Know: RCW 35A.82.025 Authority to Regulate Massage Therapists

RCW 35A.82.02 https://app.leg.wa.gov/RCW/default.aspx?Cite=35A.82.025#:~:text=RCW%2035A.,to%20regulate%20massage%20therapists%E2%80%94Limitations.#:~:text=RCW%2035A.,to%20regulate%20massage%20therapists%E2%80%94Limitations. is a very little known law to many massage therapists as well as city officials.

In a nutshell, this RCW says two things that some cities in Washington are likely violating. It states that “a city may charge a licensing or operating fee but the fee that they charge a licensed massage therapist shall not be greater than the fee charged to similar healthcare providers (like a physical therapist) in the same city”.

It also states that a licensed massage therapist is not to be subjected to additional licensing requirements not currently imposed on similar healthcare providers (like physical therapists). 

The WSMTA Government Relation Program would like you to take a look at the municipal ordinances/codes related to massage where you practice. Generally this can be found online, though sometimes it takes some persistence to find them. Your best bet is to search by typing in the name of your city/town and the words “municipal codes”. Once in the location of your codes search “massage” (not massage therapy). If your search doesn’t turn up anything, there may not be any codes that are specific to massage in your area. On the other hand if you find violations of this RCW in your codes let us know about it (mailto:gr@mywsmta.org), we would like to create some data on this issue, and then contact your local municipality and bring this to their attention. 

Thank you!

WSMTA Government Relation Program

Program Director, Robbin Blake

Marybeth Berney

Stephanie Dickey

Call to Action needed before 5pm Today!

Thank you to all massage therapists who have responded over the past couple of weeks in support of legislation requiring health carriers to provide annual cost of living adjustments.  We now have another time-sensative ask.

HB 1655* passed out of the House Health Care and Wellness Committee on 1/31/24.  That's great news -- but the bill must also pass out of the Appropriations Committee by Monday 2/5/24 in order to keep the bill alive.

Click the link below to find your representative's contact info, then email them with the following message.  We need you do this today before 5pm.

"I am reaching out to respectfully ask that HB 1655 has a hearing in the Appropriations Committee today.  I am very thankful for your support of this bill, which would require insurers to include annual cost-of-living increases in their provider agreements.  This legislation is critical for many massage therapists who struggle to keep up with  the increasing costs of rent and other overhead expenses, but whose insurance carrier reimbursements have either never changed in 20 years or have only improved several times in 20 years."

Find Your Legislator's Contact Info

*You may now see HB 1655 referred to as SHB 1655.  SHB stands for "Substitute House Bill" as there was an amendment to the original bill that was approved.

Sign in today to support SB 6161 -- act before midnight tonight!

SB 6161, the Senate's companion bill to the House's HB 1655 requiring cost-of-living adjustments in health insurance provider fee schedules, is scheduled for a public hearing tomorrow, January 30 at 8:00am.

This bill affects massage therapists!

To note your position for the record, click the link below. Once there:

Support 6161 by Clicking HERE to Sign in

What Else Can You Do: Reach out to your colleagues, regardless of profession, and let them know of the urgency showing your support. 

Thank you for your patience with our recent emails this past week:  WSMTA has sent out several emails in support of HB 1655 and SB 6161 over the last week or so.  These bills are important for enabling LMTs to remain or become insurance providers in our state.  We know it's a lot of emails and we thank you for your patience with them.

Call to Action #2!  Act before midnight 1/29/24!

Please support HB 1655 / SB 6161:  Concerning Provider Contract Compensation

Requires provider compensation increases commensurate with consumer price index increases for contracts between a health carrier and a health care provider who is not employed or affiliated with a hospital or large hospital system.

HB 1655 and SB 6161 provide a much-needed annual increase in reimbursement for private practices.

Problem

HB 1655 – Status

HB 1655 – What to Do By the End of Day 1/29/24

SB 6161 – Status

SB 6161 – What to Do By End of Day 1/29/24

Level of Urgency

What Else Can You Do

For Bill Details

Call to Action!

Please support HB 1655 / SB 6161:  Concerning Provider Contract Compensation

Requires provider compensation increases commensurate with consumer price index increases for contracts between a health carrier and a health care provider who is not employed or affiliated with a hospital or large hospital system.

HB 1655 and SB 6161 provide a much-needed annual increase in reimbursement for private practices.

These bills are a first step in ensuring patients can access health care services from independent private practices.

Problem

• Some carriers have never raised their rates in their entire history of working with massage therapists of over 25+ years while others have only done so once or twice.
• Carriers claim that provider contracts are negotiated; but, independent providers and small clinics can only accept them or stop being a provider for them.

Action

• In the House: Before the end of day 1/23/24, contact your Representatives and ask them to support HB 1655.  
• • Contact your Representative at: https://app.leg.wa.gov/pbc/bill/1655  Please do not ask to testify, this is being coordinated by the lobbyists.
    
• In the Senate: As soon as you can, but before 1/30/24, contact your Senator and ask them to support SB 6161.  Tell them why it is important to you, your profession and your clients/patients.  If you are considering dropping your healthcare providership(s) for financial reasons, let them know (if you are considering dropping for other reasons as well, please leave that out of the discussion so as not to confuse things). 
• • Contact your Senator at: https://app.leg.wa.gov/pbc/bill/6161 Please do not ask to testify, this is being coordinated by the lobbyists.
    

Level of Urgency

• Please reach out to your Representatives and Senator as soon as you read this article, time is very urgent as the deadlines to move things along in the legislature are fast approaching.
• If you know your Representatives or Senator personally, reach out directly via email or phone.

What Else Can You Do

• Reach out to your colleagues and let them know of the urgency of getting these bills passed.  The number of voices that legislators hear from is very important.

For Bill Details

• HB 1655 -- https://app.leg.wa.gov/billsummary?BillNumber=1655&Year=2023
• SB 6161 -- https://app.leg.wa.gov/billsummary?BillNumber=6161&Year=2023

On 9/18/23, the Department of Health (DOH) processed the CR-103 which made it possible for them to send out official details about the new Health Equity CE requirement. DOH created a new section dedicated to the Health Equity CE requirement on the Massage Therapist FAQs page. For details, click the link below and scroll down to the Health Equity section towards the bottom of the page:

DOH Health Equity FAQs for Massage Therapists

Starting in your first, full continuing education (CE) reporting cycle after January 1, 2024, all LMTs must complete a minimum of two hours of CE training in health equity per reporting period. See Part 15 of chapter 246-12 WAC. (Part 15 is very last section at the bottom of the page)

The biggest misunderstanding we hear about is when your first Health Equity CE is due. LMTs must complete 2 hours of health equity starting their first full CE reporting cycle after January 1, 2024. For example, if a person's CE is due on 3/1/24, then their first health equity 2 hour requirement would be due by their first full reporting period which would be 3/1/26.

Currently there are limited health equity classes available.  But over the next year there should be quite a bit more offered and more geared towards massage therapists versus classes aimed at the generic healthcare professional.  The Department of Health is required to offer a limited amount of free Health Equity CE by the same law that created the health equity requirement for DOH regulated professions.  To see what free Health Equity classes the DOH is offering, click the link below:

Since the start of this year, we are seeing that some LMTs are sometimes incorrectly interpreting the 8-hour "in person" massage technique requirement to include any class taught in a physical classroom, to include lecture classes.  Since a lecture by definition does not involve the direct application of massage technique, a lecture class does not satisfy the 8-hour in person, directly supervised application of massage technique continuing education requirement.

WAC 246-830-475 Subsection 2a states:

(2) The following categories of continuing education are mandatory:

(a) A minimum of eight hours must be in person and directly supervised involving the participation of the direct application of massage therapy as defined in RCW 18.108.010; and

In essence, 246-830-475 Subsection 2a is stating

• that all LMTs are required to complete 8 hours of in person (in a physical classroom, not online)
• directly supervised (an instructor teaches and remains in the classroom) 
• involving the participation of the direct application of massage therapy as defined in RCW 18.108.010 (directly applying a massage technique).
  

After you fully read a class description of a CE class, if you are unsure if the class you want to take is lecture or qualifies as a massage "hands-on" class, we recommend that you ask the instructor or host of the class to get clarity.

However, in person lecture classes related to the topic of massage can be used to satisfy the "remaining" hours portion of our 24 hour CE requirement.  24 total CE hours minus 8 hours in person "hands on" minus 4 hours ethics minus up to 4 hours CPR still leaves at least 8 remaining hours of CE class. 

For complete continuing education WAC details, click on the link below:

WAC 246-830-475 Continuing Education

When Governor Inslee ended the COVID state of emergency in Washington State at the close of October 2022, the masking requirement has continued to remain in effect for healthcare providers, to include massage therapists.

The proclamation on masking was issued by the Department of Health Secretary, Dr. Umair Shah, and was amended on 10/27/22 to continue masking requirements for healthcare.  Regardless of whether you practice in your home, a private office, a gym, a spa, a hotel or any other environment, when your room is being used for massage, everyone within the room is required to be masked -- yourself, your client and any third party that may be sitting in the room (family member, interpreter, etc).  The few exceptions are detailed in the proclamation.  To read the Secretary of Health's proclamation on masking for healthcare, click on this link:  https://doh.wa.gov/emergencies/covid-19/masks-and-face-coverings.  Once you are on the page, just click on the link titled, The "Secretary of Health Mask Order" in the second paragraph to read the actual proclamation, which is a pdf.

Questions? If you, your employer, or landlord have questions about masking and social distancing for health care providers/facilities, please contact: John Stebbins, CSP, CIH -- L&I -- Division of Occupational Safety and Health (DOSH) -- (206) 515-2870.