32-4221. Licensure; persons and activities not required to be licensed

A. Beginning July 1, 2005, a person who wishes to engage in the practice of massage therapy must be licensed pursuant to this chapter and may submit an application for licensure pursuant to this chapter not sooner than the date prescribed by the board.

B. This chapter does not apply to:

1. A health care professional who is licensed pursuant to this title and who practices within the scope of that person's license if that person does not claim to be a massage therapist or a bodywork therapist.

2. A person who is pursuing a course of study leading to a degree as a massage therapist in a professional education program that is approved by the board if all of the following apply:

(a) The person is satisfying supervised clinical education requirements related to the person's massage therapy education while under the direct supervision of a licensed massage therapist.

(b) The person is practicing in an education setting in this state that has been approved by the state board for private postsecondary education.

(c) The person is practicing in an establishment, location or setting that complies with applicable municipal and county ordinances.

(d) All persons who are present in the room during the delivery of massage services, other than a student and the customer, are licensed pursuant to this chapter or are health professionals as defined in section 32-3201.

3. A massage therapist who resides and is employed in another jurisdiction and who possesses the qualifications for licensure in this state if that person is performing massage therapy in this state in connection with teaching or is participating in an educational seminar.

4. The practice of massage therapy by a person who is employed by the government of the United States while the person is engaged in the performance of duties prescribed by the laws and regulations of the United States.

5. When the customer is fully clothed, the practice of movement educators, such as dance therapists or teachers, yoga teachers, personal trainers, martial arts instructors and movement repatterning practitioners.

6. When the customer is fully clothed, the practice of techniques that are specifically intended to affect the human energy field.

C. A health care professional who is licensed pursuant to this title and who practices within the scope of that person's license is not required to be licensed pursuant to this chapter.

D. This chapter does not require a person acting under the supervision of a person licensed pursuant to this title and permitted by this title to perform functions under the direction or supervision of that licensee to hold a license pursuant to this chapter.