MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Public Health and Human Services; Appropriations

By: Representative Moore

House Bill 415

AN ACT TO AMEND SECTION 73-67-5, MISSISSIPPI CODE OF 1972, TO EXEMPT PUBLICLY FUNDED POST SECONDARY INSTITUTIONS AND FOR-PROFIT COLLEGES AND SCHOOLS THAT TEACH COURSES IN ADDITION TO MASSAGE THERAPY AND ARE REQUIRED TO REGISTER WITH THE COMMISSION ON PROPRIETARY SCHOOL AND COLLEGE REGISTRATION FROM CERTAIN FEES AND REQUIREMENTS UNDER THE PROFESSIONAL MASSAGE THERAPY ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-67-5, Mississippi Code of 1972, is amended as follows:

     73-67-5.  (1)  The provisions of this chapter shall not apply to the following:

          (a)  Persons state licensed, state registered, state certified, or otherwise state credentialed by the laws of this state to include massage as part of their practice, or other allied modalities that are certified by a nationally accredited organization recognized by the board;

          (b)  Students enrolled in a massage therapy school and, at the same time, working in a student clinic, and out-of-state massage therapy instructors when teaching in these programs;

     (2)  Any exemption granted under subsection (1) of this section is effective only insofar as and to the extent that the bona fide practice of the profession or business of the person exempted overlaps into the field comprehended by this law, and exemptions under subsection (1) of this section are only for those activities that are currently authorized and performed in the course of the bona fide practice of the business or profession of the person exempted;

     (3)  Any publicly funded post secondary institution and any for-profit college or school that teaches courses in addition to massage therapy and is required to register with the Commission on Proprietary School and College Registration under the provisions of Title 75, Chapter 60 of the Mississippi Code of 1972 shall be exempt from any licensing fees, renewal fees, tuition fees and bonding requirements that otherwise would be required under this chapter.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.