HB 386

Abstract

Section 1 of this Act revises the definition of “massage establishment” by repealing the exemption for all business establishments licensed under other chapters of Title 24. This exemption allows a massage practitioner to work in a licensed cosmetology shop that does not hold a massage establishment license. In that situation, the cosmetology shop can have an identified professional-in-charge responsible for the operation of the cosmetology shop and its employees, but that individual is not responsible for the massage practitioners. This means that the professional-in-charge responsible for the cosmetology shop cannot be held responsible for the wrongful actions of a massage practitioner, which adversely impacts the disciplinary process. With this exemption repealed, a cosmetology shop offering massage services is required to have both a massage establishment license and a licensed massage practitioner as the professional-in-charge responsible for the actions of all massage practitioners providing services on the premises. Section 2 of this Act increases the minimum hours of education required for licensed massage therapists for students who begin their massage therapy education on or after July 1, 2024, from 500 hours to 625 hours and makes corresponding revisions to the required curriculum hours for each subject. This increase in hours is required by changes in the federal Department of Education regulations for student eligibility for Title IV financial aid, including the elimination of the “150% rule”. Instead, school hours must match the curriculum hours required for licensure by the state. However, programs that require less than 600 hours are not eligible for Title IV financial aid. This change is consistent with the recommendation of the Federation of State Massage Therapy Boards that 625 curriculum hours are appropriate to adequately train massage therapists to practice safely and competently. Section 1 of this Act takes effect upon enactment, but Section 2 of this Act takes effect on or before July 1, 2024, to align with the effective date of the federal Department of Education regulations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.