National Health Freedom Action
Bill Analysis
Massachusetts SB 2416
August 11, 2016
Massachusetts Senate Bill 2461
July 2016
Act to strengthen the anti-human trafficking law.
The following is a summary analysis of Massachusetts S.B. 2461, a bill to strengthen the anti-human
trafficking laws. This summary is highlighting the items in the bill that would potentially impact the
freedom to practice for bodyworkers of all kinds in Massachusetts.
It appears that this bill is a combination bill attempting to license a particular group of people practicing
a wide variety of practices of the healing arts, and also then merging the bill with laws to strengthen the
anti-human trafficking laws in Massachusetts. These two topics should not be combined in a single bill,
being that they are completely different topics, one the regulation of health care practitioners, and the
other, tightening up criminal laws on human trafficking.
By merging these two topics one might get the impression that bodywork practitioners are more
suspect for human trafficking when, in reality, all professions are equally suspect and laws for antihuman trafficking should reflect that fact.
The first half of the bill attempts to regulate practitioners that are already exempt from licensing
requirements under Massachusetts law. There is no basis of harm to require regulation of these
practices and Massachusetts already addresses them in the massage licensing law. However, in 2016
Massachusetts introduced a new solution for protection of these practitioners in the form of S.B.
1136/H.B. 2033, “An act providing for consumer access to and disclosure of complementary and
alternative health services” and this bill includes parameters for practice and required disclosures to
consumers for a broad range of practitioners and is now before the Massachusetts legislature.
The second half of S.B. 2461, Section 4 through Section 18, offers reasonable solutions to tighten up
anti-human trafficking laws and could be supported by many without discriminating against bodywork
practitioners.
NHFA recommends the passage of S.B. 1136/H.B. 2033, a strong consumer access and protection bill for
complementary and alternative health care practitioners, instead of passing restrictive and onerous
licensing of the broad range of bodyworkers. NHFA would also not oppose many of the anti-human
trafficking suggestions, as long as they are applied to all professions and persons.
The following is NHFA’s bill summary of SB2461
Section 1. Establishes a Board of Registration of Bodywork in the General Laws including 3 bodyworkers,
1 employee of a municipal board of health, 1 person engaged in the operation of an accredited
bodywork therapy education program and 2 consumers. This Board is set up to administer and enforce
the Registration of Bodywork law as follows:
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National Health Freedom Action
Bill Analysis
Massachusetts SB 2416
August 11, 2016
(i) to administer and enforce sections 265 to 272, inclusive, of chapter 112; ( ii) to adopt rules and
regulations governing the licensure of bodywork therapists, the practice of bodywork therapy and the
operation of bodywork therapy establishments and schools to promote the public health, welfare and
safety of the citizens of the commonwealth; (iii) to establish standards of professional and ethical conduct;
(iv) to establish standards for continuing education reflecting acceptable national standards; (v) to
investigate complaints, conduct inspections, review billing and treatment records and set and administer
penalties as defined in sections 61 to 65F, inclusive, and sections 265 to 272, inclusive, of chapter 112 for
fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and
regulations promulgated by the board; and (vi) to make available to the public a list of licensed bodywork
therapists.
Section 2. This section deals with the requirements of licensure. Some of the key components
are: it defines Bodywork (lines 48-59) and makes it a requirement for those practicing within
that definition to be licensed (Lines 62-67); it describes persons who are exempt from licensing
requirements, such as other licensed professionals practicing within their scope (lines 68 – 79);
it describes qualifications for obtaining a license (lines 80-95 and lines 128-138), for renewal of
a license (lines 96-112), requirements for posting license (lines 113-115 and lines 171-172); and
the Board’s power to investigate and discipline (lines 139-154) and to request a cease and
desist to practitioners for a list of potential violations (lines 155-157). Section 2 also prohibits
the use of the terms “bodywork” or “bodywork therapy” by persons who do not hold a license
under this act (lines 173-177). It also prohibits advertising for bodywork under certain
circumstances (lines 182-192) and it requires municipalities to be consistent with this law when
developing new ordinances and by-laws (lines 193-197). Relevant sections are listed below.
“Bodywork” or “bodywork therapy”, the use of touch, words or directed movement to deepen awareness
of patterns of movement in the body, or the affectation of the human energy system or acupoints or Qi
meridians of the human body including, but not be limited to: the Feldenkrais method; reflexology; the
Trager approach; Ayurvedic therapies; Rolf structural integration; polarity or polarity therapy; polarity
therapy bodywork; Asian bodywork therapy; acupressure; Jin Shin Do; Qi Gong; Tui Na; Shiatsu; body-mind
centering;Reiki and Bowenwork; provided, however, that bodywork or bodywork therapy shall not include
massage as that term is defined in section 227; and provided, further, that bodywork therapy shall not
include diagnosis of illness or disease, the prescription of drugs or medicines, spinal or other joint
manipulations, electrical stimulation, application of ultrasound or any services or procedures for which a
license to practice medicine, chiropractic, acupuncture, massage therapy, occupational therapy, physical
therapy or podiatry is required by law.
Section 266. (a) No person shall advertise or be otherwise characterized as a bodywork therapist or
practice bodywork or bodywork therapy unless that person holds a valid license issued in accordance with
this chapter;
Section 266 (b) The following individuals shall be exempt from the licensure requirements of this section:
(i) a person duly licensed, registered or certified in another state, territory, the District of Columbia or a
foreign country who is temporarily in the commonwealth to teach a course related to bodywork therapy or
to consult with a person licensed as a bodywork therapist under this chapter; (ii) a person providing
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National Health Freedom Action
Bill Analysis
Massachusetts SB 2416
August 11, 2016
bodywork therapy to a member of that person's immediate family for which the person receives no
compensation; (iii) a person who holds a professional license, certificate or registration under the General
Laws who performs services within the scope of practice authorized by the license, certificate or
registration but does not hold themselves out to be a bodywork therapist; and (iv) a person, duly licensed,
registered or certified in another state, territory, the District of Columbia, or a foreign country, who is
incidentally in the commonwealth to provide service as part of an emergency response team working in
conjunction with disaster relief officials.
Section 267. (a) “…the board may issue a license to practice as a bodywork therapist to an applicant who:
(i) is 18 years of age or older; (ii) is of good moral character as determined by the board; (iii) has obtained
a high school diploma or its equivalent; (iv) has submitted 2 professional letters of reference including at
least 1 letter from an employer or licensed professional in the field of bodywork therapy or a similar field
as defined by the board; (v) has successfully completed a course of study consisting of at least 500
classroom hours or an equivalent number of credit hours of supervised instruction in a nationally
accredited bodywork therapy program; (vi) has not been convicted in any jurisdiction of a sexually-related
crime or a crime involving moral turpitude during the 10 years immediately preceding the date of
application; (vii) provides proof of professional liability coverage; and (viii) demonstrates professional
competence as determined by the board.
Section 267 (d) Every person receiving a license from the board shall conspicuously display the license in
the licensee’s place of business
Section 270. (a) The board shall conduct inspections and investigate all complaints filed relating to the
proper practice of bodywork therapy and any violation of sections 265 to 272, inclusive, or any rule or
regulation of the board. Complaints may be brought by any person or municipality, or the board may
initiate a complaint.
For the purposes of this section and sections 61 to 65F, inclusive, conduct which places into question the
holder's competence to practice bodywork therapy shall include, but not be limited to: (i) committing fraud
or misrepresentation in obtaining a license; (ii) criminal conduct resulting in a conviction, guilty plea or
plea of nolo contendere or an admission of sufficient facts; (iii) violating a rule or regulation of the board;
(iv) failing to cooperate with the board or its agents in the conduct of an inspection or investigation; (v)
failing to fulfill any continuing education requirements set out by the board; or (vi) violating an ethical
standard which in the board’s determination renders the person unfit to practice as a bodywork therapist
including, but not limited to, inappropriate conduct or touching in the practice of bodywork therapy,
offering medical opinion or diagnosis or negligence in the course of professional practice.
(c) The board may issue an order to a licensee directing the licensee to cease and desist from unethical or
unprofessional conduct if the board finds, after the opportunity for a hearing, that the licensee has
engaged in such conduct.
Section 272. (a) Only persons duly licensed under this chapter shall be designated as bodywork therapists
and entitled to use the term “bodywork” or “bodywork therapy” when advertising or printing promotional
material. Any person who uses the term “bodywork” in a professional title without being authorized to do
so may be the subject of disciplinary action by the board under section 65A.
(b) Any person who: (i) knowingly aids and abets another person in the use of the term “bodywork” as
part of a professional title when the person using the term is not authorized to do so; or (ii) knowingly
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National Health Freedom Action
Bill Analysis
Massachusetts SB 2416
August 11, 2016
employs unlicensed individuals in the operation of a bodywork therapy business may be the subject of a
disciplinary proceeding before the board.
(c ) It shall be a violation of this chapter for a person to advertise; (i) as a therapist or a bodywork therapy
business unless each person employed as part of the business, and acting as a bodywork therapist, holds a
valid license under this chapter; (ii) licensed bodywork therapy services with escort or dating services; (iii)
as specializing in particular bodywork therapy services without an appropriate showing of competency as
determined by the board; or (iv) services not recognized as bodywork therapy by the board or explicitly
prohibited under section 265. The term “advertise” as used in this section shall include, but not be limited
to: (A) providing a card, sign or device to another; (B) causing, permitting, or allowing a sign or marking on
or in a building, vehicle or structure; (C) causing the placement of an advertisement in a newspaper,
magazine or on television; or (D) listing or causing the placement of an advertisement in a directory under
a classification or heading that includes the word “bodywork”.
Section 273. A city or town may adopt ordinances or by-laws relative to health and safety of the practice
of bodywork therapy not inconsistent with sections 265 to 272, inclusive; provided, however, that local
ordinances pertaining to bodywork therapy in effect prior to the
effective date of sections 265 to
272, inclusive, of the General Laws and that are consistent with and that may exceed the requirements of
those sections may remain in effect.
Section 3. This section appears to contain a typo because it seeks to repeal Section 269 of
Chapter 112, Registration of Certain Professions and Occupations, but Section 269 does not
exist; the final section in chapter 112 is Section 264.
Section 4. This is amending Chapter 120, Department of Youth Services and Massachusetts
Training Schools, Section 12 by adding human trafficking offenses to the offenses taken into
consideration when a child who has had violations is being placed back into their usual home,
triggering the ability of the Department of Youth Services to be able to notify the police
authority, of the city or town of which a child is a resident and as the police authority of the city
or town where the offense occurred, of the intention to place such child in his usual home.
Section 5. This is amending Chapter 127, Officers and Inmates of Penal and Reformatory
Institutions. Paroles and Pardons, Section 90A, regarding human trafficking as it relates to
temporary release of committed offenders.
Section 6. Amending Chapter 140, Licenses, to provide that State police or members of the
police department of a town may, upon appropriate legal process, enter and inspect any
premises in a town where bodywork or bodywork therapy services are provided under chapter
112.
Section 7. Expanding time in which victims of human trafficking may bring legal action, from 3
years to 10 years under Chapter 270 Statute of Fraud of Limitation, Limitation of Actions.
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National Health Freedom Action
Bill Analysis
Massachusetts SB 2416
August 11, 2016
Section 8. Amending Chapter 265, Crimes Against the Person, Section 57, so that victims of
human trafficking can use the affirmative defense to charges of common night walking, or
common street walking. Adding other crimes that victims of human trafficking were charged
with where they could use an affirmative defense.
Section 9. Adding a new section, Section 59, to Chapter 265, Crimes Against the Person,
regarding the issue of vacating convictions based on being a victim of human trafficking.
Section 10. Adding a new section, Section 87B, to Chapter 276, Search Warrants, Rewards,
Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board
of Probation, to allow for the creation of first offender commercial sexual exploitation
prevention programs.
Section 11. Adding a new section, Section 100E, to Chapter 276, Search Warrants, Rewards,
Fugitives from Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board
of Probation, for the instances when found not guilty, having sealed records and nondisclosure
to employer parameters.
Section 12. Adding new law giving directives for reporting of crime statistics regarding human
trafficking.
Section 13. Providing for the development of a website to disseminate information regarding
human trafficking, human trafficking crime statistics and resources for victims of human
trafficking.
Section 14. Providing for the trainings in identifying and responding to human trafficking.
Section 15. Providing for public awareness programs to educate potential victims of human
trafficking and their families on the risks of victimization.
Section 16. Providing for public awareness campaign advertising and displays by MA Dept. of
Transportation and by employers, and employer fines for non-compliance of posting. National
Human Trafficking Resource Center hotline visibility.
Section 17. Providing for the reporting back to the legislature outlining the adequacy and
limitations of current services to meet the safety, support, housing, health, education and
quality of life needs of human trafficking victims.
Section 18. Providing for human trafficking prevention business partnership.
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