Current through Pa Acts 2024-53, 2024-56 through 2024-79
(a) Establishment.--There is established the State Board of Massage Therapy, an administrative board within the department. The board shall consist of 11 members who are citizens of the United States and who have been residents of this Commonwealth for at least a five-year period prior to the effective date of this section. The board shall be composed of the following individuals: (1) Two members who are members of the public.(2) Six members who meet the educational and experience qualifications for licensure under section 5 . No more than one member under this paragraph shall be an owner of a school that provides instruction in massage therapy.(3) The Secretary of Health or a designee.(4) The Attorney General or a designee.(5) The commissioner or a designee.(b) Term of office.--Except as provided in subsection (c), the members of the board shall serve for four-year terms and shall be appointed by the Governor by and with the advice and consent of a majority of the members elected to the Senate.(c) Initial appointments.--Within 180 days of the effective date of this section, the Governor shall nominate two professional members to serve four-year terms, one public member and one professional member to serve three-year terms, one public member and one professional member to serve two-year terms and one professional member to serve a one-year term. A professional member initially appointed to the board pursuant to this act need not be licensed at the time of appointment, but at the time of appointment must have satisfied the eligibility requirements for licensure and must have practiced massage therapy for five consecutive years or more immediately preceding the appointments.(d) Continuation in office.--Each board member shall continue in office until a successor is appointed and qualified but no longer than six months after the expiration of the term. If a board member shall die, resign or otherwise become disqualified during the term of office, a successor shall be appointed in the same way and with the same qualifications as set forth in this section and shall hold office for the unexpired portion of the term.(e) Limit on terms.--No board member shall be eligible for reappointment to serve more than two consecutive four-year terms.(f) Forfeiture of membership.--A professional or public member who fails to attend three meetings in 18 months shall forfeit the member's seat unless the commissioner, upon written request from the member, finds that the member should be excused from a meeting because of illness or death of a family member.(g) Compensation.--A member of the board, except the commissioner, shall receive per diem compensation at the rate of $60 when actually attending to the work of the board. Members shall also receive reasonable traveling, hotel and other necessary expenses incurred in the performance of their duties in accordance with regulations.(h) Forfeiture for nonattendance.--A public member who fails to attend two consecutive statutorily mandated training seminars in accordance with section 813(e) of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, shall forfeit the public member's seat unless the commissioner, upon written request from the public member, finds that the public member should be excused from a meeting because of illness or the death of a family member.(i) Quorum.--A majority of the members of the board shall constitute a quorum for the purposes of conducting the business of the board. Except for temporary and automatic suspensions under section 9(d) , a member may not be counted as part of a quorum or vote on any issue unless the member is physically in attendance at the meeting.(j) Chairperson.--The board shall annually select a chairperson from among its members.(k) Meetings.--The board shall meet at least four times a year in Harrisburg and at other times and places as the board shall determine is necessary to conduct board business.(l) Operating procedures.--The board shall meet within 30 days after the appointment of its initial members and shall institute operating procedures and an application form for licensing massage therapists. It shall be the responsibility of the board to educate the public as to the requirements of licensing in order to hold oneself out or to practice as a licensed massage therapist within this Commonwealth.2008, Oct. 9, P.L. 1438, No. 118, § 3, imd. effective.