Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BILL No. 2430.

'RODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

Massage therapy has a significant impact on a person's health and well-being.
The public has a right to expect that a massage therapist has the qualifications
needed to practice effectively and safely. Thus, legal recognition of the practice of
massage therapy and clearly-stated requirements to practice are essential to promote
the profession and protect the health, safety and welfare of the general public.

Legal recognition of massage therapy in the form of licensure creates standards
of minimum competency. Competency is measured and enforced through formal
education, training, and examination requirements. It ensures that individuals have
met the eligibility requirements needed to practice massage therapy and that they
are qualified to represent themselves to the public as state licensed massage
therapists. It also enables the state or jurisdiction to discipline a massage therapist,
because a government does not have the ability to regulate a profession that is not
formally recognized in statute.

This bill seeks to standardize the qualifications of massage therapists, not
just to promote fair competition and salaries for massage therapists but also for
the interest of public health, safety and welfare. The Constitution provides that the
State shall protect and promote the right to health of the people and instill health
consciousness among them (Art.11 Sec.15). It also aims to eliminate prostitution that
uses massage parlors as front oftheir elicit trades.

In view of the foregoing, passage of this bill is earnestly sought

. ALFRED YARGAS
Fifth District, Q&ezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Philippines

EIGTHEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 2430

“INTRODUCED BY REPRESENTATIVE ALFRED VARGAS __

AN ACT
REGULATING THE MASSAGE PRACTICE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the "Massage Practice Act of
2019".
SEC. 2. Definitions. - As used in this Act, the term
A. “Apprentice” means a person approved by the Board to study massage
under the instruction of a licensed massage therapist,

B. "Board" means the Board of Massage Therapy,

C. "Board-approved massage school” means a facility which meets minimum
standards for training and curriculum as determined by rule of the Board and
which is licensed by the Technical Education and Skills Development Authority,

D. "Colonic irrigation” means a method of hydrotherapy used to cleanse the
colon with the aid of a mechanical device and water,

E. "DOH” means the Department of Health.

F. "Establishment" means a site or premises, or portion thereof, wherein a
massage therapist practices massage,

G. “Licensure” means the procedure by which a person, hereinafter referred
to as a "practitioner," applies to the Board for approval to practice massage or
to operate an establishment;

H. "Massage" means the manipulation of the soft tissues of the human body
with the hand, foot, arm, or elbow, whether or not such manipulation is
aided by hydrotherapy, including colonic irrigation, or thermal therapy: any
Clectrical or mechanical device; or the application to the human body of a
chemical or herbal preparation;


|. "Massage therapist” means a person licensed as required by this
Act, who administers massage for compensation;

J. "PRC" means the Professional Regulation Commission; and
K. "Secretary" means the Secretary of the Department of Health;
SEC. 3. Exemptions. —

A. Athletic trainers employed by or on behalf of a professional athletic team
shall be exempt from the provisions of this Act,

B. Licensed Physical and Occupational Therapists shall be exempt from the
provisions of this Act,

C. An exemption granted is effective to the extent that an exempted person's
practice or profession overlaps with the practice of massage

SEC. 4. Board of Massage Therapy.

A. The Board of Massage Therapy is created within the DOH and shall be
regulated by the PRC. The Board shall consist of seven members, who shall be
appointed by the Secretary and whose function shall be to carry out the provisions
of this Act,

B. Five members of the Board shall be licensed massage therapists and shall
have been engaged in the practice of massage for not less than five consecutive
years prior to the date of appointment to the Board. The Secretary shall appoint
each member for aterm of four years. Two members of the Board shall be
laypersons. Each Board member shall be a high school graduate or shall
have received a graduate equivalency diploma. Each Board member shall be
a Filipino citizen and a resident of the country for not less than five years.
The appointments will be subject to confirmation by the Senate,

C. ‘The Secretary may at any time fill vacancies on the Board for the
remainder of unexpired terms. Each member of the Board shall holdover after
the expiration of her or his term until her or his successor has been duly
appointed and qualified. No Board member shall serve more than two terms,
whether full or partial;

D. The Board shall, in the month of January, elect from its number a chair
and a vice chair,

E. The Board shall hold such meetings during the year as deemed necessary,
one of which shall be the annual meeting. The chair of the Board shall have
the authority to call other meetings at her or his discretion. A quorum of the
Board shall consist of not less than four members;

F. The Board has authority to adopt rules to implement the provisions of this
Act


SEC. 5. Accountability of Board Members. - Each Board member shall be held
accountable to the Secretary for the proper performance of all duties and
obligations of such Board member's office. The Secretary shall cause to be
investigated any complaints or unfavorable reports received concerning the actions
of the Board or its individual members and shall take appropriate action thereon,
which may include removal of any Board member for malfeasance,
misfeasance, neglect of duty, commission of a felony, incompetence, or
permanent inability to perform official duties.

SEC. 6. Investigative Services. - The DOH, in coordination with the PRC, shall
provide all investigative services required in carrying out the provisions of this Act.

SEC. 7. Massage Therapists: Qualifications, Licensure and Endorsement.

‘A. Any person is qualified for licensure as a massage therapist under this Act
who

1. is at least 18 years of age or has received a high school diploma or
graduate equivalency diploma,

rs

has completed a course of study at a Board-approved massage school
or has completed an apprenticeship program that meets standards adopted
by the Board; and

3, has received a passing grade on an examination administered by the DOH.

B. The PRC in Coordination with the DOH shall provide for the
procedure, qualifications and documentary requirements for the application of a
massage therapy license;

C. Upon an applicant's passing of the examination and paying of the initial
licensure fee, the DOH shall issue to the applicant a license, valid until the next
scheduled renewal date, to practice massage;

D. The Board shall adopt the following rules
1 establishing a minimum training program for apprentices

2. providing for educational standards, examination, and certification for
the practice of colonic irrigation by massage therapist

SEC. 8 License Renewal. - The Board shall prescribe by rule the method for
renewal of biennial licensure which shall include continuing education
requirements not to exceed classroom hours per biennium. The Board shall, by
rule, establish criteria for the approval of continuing education programs or courses.
The programs or courses approved by the Board may include ‘correspondence
courses that meet the criteria for continuing education courses held in a classroom
setting.


SEC. 9. Examinations.-

A. The Board shall specify by rule the general areas of competency to be
covered by examinations for licensure. These rules shall include the relative
weight assigned in grading each area, the grading criteria to be used by the
examiner, and the score necessary to achieve a passing grade. The Board
shall ensure that examinations adequately measure an applicant's competency.
Professional testing services may be utilized to formulate the examinations.

B. The Board shall ensure that examinations comply with applicable
laws and jurisprudence on labor and employment

C. The DOH shall, in accordance with rules established by the Board, examine
persons who file applications for licensure under this Act in all matters
pertaining to the practice of massage. A written examination shall be offered
at least once yearly and at such other times as the DOH shall deem necessary

D. The Board shall adopt rules providing for re-examination of applicants who
have failed the examination.

E. All licensing examinations shall be conducted in such manner that the applicant
shall be known to the DOH by number until her or his examination is completed
and the proper grade determined. An accurate record of each examination shall be
made: and that record, together with all examination papers, shall be filed with the
Secretary and shall be kept for reference and inspection for a period of not less
9 than 2 years immediately following the examination

SEC. 10. Massage Establishments, Requisites, Licensure, Inspection. —

‘A. No massage establishment shall be allowed to operate without a license granted
by the DOH in accordance with rules adopted by the Board;

B. The Board shall adopt rules governing the operation of establishments and
their
facilities, personnel, safety and sanitary requirements, financial
responsibility, insurance coverage, and the license application and granting
process;

C. Any person, firm, or corporation desiring to operate a massage establishment
shall submit to the DOH an application, using forms provided by the DOH,
accompanied by any information requested by the DOH and an application fee,

D. Upon receiving the application, the DOH may cause an investigation to be
made of the proposed massage establishment,

E. If, based upon the application and any necessary investigation, the DOH
determines that the proposed establishment fails to meet the standards adopted
by the Board under Paragraph B of this Section, the DOH shall deny the
application for license. Such denial shall be in writing and shall list the reasons
for denial. Upon correction of any deficiencies, an applicant previously denied
permission to operate a massage establishment may reapply for licensure;


F. If, based upon the application and any necessary investigation, the DOH
determines
that the proposed massage establishment may reasonably be expected to
meet the standards adopted by the DOH under Paragraph B of this Section,
the DOH shall grant the license under such restrictions as it shall deem
proper, as soon as the original licensing fee is paid;

G. Once issued, no license for operation of a massage establishment may be
transferred from one owner to another.

H. A license may be transferred from one location to another only after inspection
and approval by the Board and receipt of an application and inspection fee set by
the rule of the Board, not to exceed P1,500.

L.A license may be transferred from one business name to another after approval
by the Board and receipt of an application fee set by rule of the Board, not to
exceed P1500.

J. Renewal of license registration for massage establishments shall be
accomplished
pursuant to rules adopted by the Board. The Board is further authorized to adopt
rules governing delinquent renewal of licenses and may impose penalty fees for
delinquent renewal

K. The Board is authorized to adopt rules governing the periodic inspection of
massage
establishments licensed under this Act.

SEC. 11. Fees, Disposition. —
‘A. The Board shall set fees according to the following schedule:

|. Massage therapist application and examination fee: not to exceed P2,500;

Massage therapist initial licensure fee: not to exceed P1500;

Establishment application fee: not to exceed 2,000,

Establishment licensure fee: not to exceed P1500;

Biennial establishment renewal fee: not to exceed P1,500;

Biennial massage therapist licensure renewal fee: not to exceed P2,000,

Massage therapist re-examination fee: not to exceed P2,500;

Fee for apprentice: not to exceed P1,000;

Colonies examination fee: not to exceed P1,000;

10. Colonies re-examination fee: not to exceed P1,000;

11 Application and reactivation for inactive status of a massage therapist
license fee: not to exceed P2,500:

12. Renewal fee for inactive status: not to exceed P2,500;

Cer anew Nd

B. The DOH shall impose a late fee not to exceed P1,500 on a delinquent
renewal of a massage establishment license;


SEC. 12. Grounds/or disciplinary action by the Board.-

The Board may establish by rule an application fee not to exceed
P1,000 for anyone seeking approval to provide continuing education
courses and may provide by rule for a fee not to exceed P50 for renewal
of providership:

‘The DOH is authorized to charge the cost of any original license or
permit, as set forth in this Act, for the issuance of any duplicate licenses
or permits requested by any massage therapist or massage establishment;

All moneys collected by the DOH from fees authorized by this Act shall
be paid into the National Treasury

‘A. The following acts constitute grounds for denial of a license or disciplinary

action:

1

Attempting to procure a license to practice massage by bribery or
fraudulent misrepresentation,

Being convicted or found guilty, regardless of adjudication, of a crime
in any jurisdiction which directly relates to the practice of massage or
to the ability to practice massage,

False, deceptive, or misleading advertising;

Aiding, assisting, procuring, or advising any unlicensed person to
practice massage contrary to the provisions of this Act or to a rule of
the DOH or the Board;

Making deceptive. untrue, or fraudulent representations in the
practice of massage;

Being unable to practice massage with reasonable skill and safety by
reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other
type of material or as a result of any mental or physical condition.

In enforcing this paragraph, the DOH shall have, upon probable cause,
authority to compel a massage therapist to submit to a mental or physical
examination by physicians designated by the DOH. Failure of a massage
therapist to submit to such examination when so directed, unless the
failure was due to circumstances beyond her or his control, shall constitute
an admission of the allegation against her or him, consequent upon
which a default and final order may be entered without the taking of
testimony or presentation of evidence. A massage therapist affected under
this paragraph shall at reasonable intervals be afforded an
‘opportunity to demonstrate that she or he can resume the competent
practice of massage with reasonable skill and safety to clients,


7. Gross or repeated malpractice or the failure to practice massage with that
level of care, skill, and treatment which is recognized by a reasonably
prudent massage therapist as being acceptable under similar conditions and
circumstances,

8. Practicing or offering to practice beyond the scope permitted by law or
accepting and performing professional responsibilities which the licensee
knows or has reason to know that she or he is not competent to perform;

9, Delegating professional responsibilities to a person when the licensee
delegating such responsibilities knows or has reason to know that such
person is not qualified by training, experience, or licensure to perform;

10. Violating a lawful order of the Board or DOH previously entered in a
disciplinary hearing, or failing to comply with a lawfully issued subpoena
of the DOH;

IL. Refusing to permit the DOH to inspect the business premises of the
licensee during regular business hours.

12. Failing to keep the equipment and premises of the massage
establishment ina clean and sanitary condition,

13. Practicing massage at a site, location, or place which is not duly
licensed asa massage establishment, except that a massage therapist, as
provided by rules adopted by the Board, may provide massage services,
excluding colonic irrigation, at the residence of a client, at the office
‘of the client, at a sports event, at a convention, or at a trade show,

B. The Board may enter an order denying licensure or imposing any of the penalties
in this Section against any applicant for licensure or licensee who is found guilty
of violating any provision of Paragraph A of this Section;

C. The Board shall have the power to revoke or suspend the license of a
massage establishment licensed under this Act, or to deny subsequent licensure
of such an establishment, in either of the following cases:

1. Upon proof that a license has been obtained by fraud or misrepresentation,

2 Upon proof that the holder of a license is guilty of fraud or deceit or
of gross negligence, incompetence, or misconduct in the operation of the
establishment so licensed

SEC. 13. Advertisement. — Each massage therapist or massage establishment
licensed under the provisions of this Act shall include the number of the license in
any advertisement of massage services appearing in any newspaper, airwave
transmission, telephone directory, or other advertising medium. Pending licensure of
a new massage establishment pursuant to the provisions of Section 10(6), the license
number of a licensed massage therapist who is an owner or principal officer of the
establishment may be used in lieu of the license number for the establishment.


SEC. 14. Penalties.

A. It is unlawful for any person to
1. Hold himself or herself out as a massage therapist or to practice massage
unless duly licensed under this Act or unless otherwise specifically exempted
from licensure under this Act;
2. Operate any massage establishment unless it has been duly licensed as
provided herein, except that nothing herein shall be construed to prevent the
teaching of massage at a Board approved massage school;

3. Permit an employed person to practice massage unless duty licensed as
provided herein;

4. Present as his or her own the license of another:
5 Allow the use of his or her license by an unlicensed person;

6 Give false or forged evidence to the DOH in obtaining any license
provided for herein;

7. Falsely impersonate any other license holder of like or different name; 8
Use or attempt to use a license that has been revoked;

9. Otherwise violate any of the provisions of this Act;
B. Any person violating the provisions of this section is guilty of a misdemeanor

of the first degree, punishable as provided in the pertinent provisions of the Penal
Code

SEC. 15. Sexual misconduct in the practice of massage therapy. - The massage
therapist-patient relationship is founded on mutual trust. Sexual misconduct in the
practice of massage therapy means violation of the massage therapist-patient
relationship through which the massage therapist uses that relationship to induce
or attempt to induce the patient to engage, or to attempt to engage the patient, in
sexual activity outside the scope of practice or the scope of generally accepted
examination or treatment of the patient. Sexual misconduct in the practice of massage
therapy is prohibited.

SEC. 16. Civil proceedings. - As cumulative to any other remedy or criminal
prosecution, the DOH may file a proceeding in the name of the People of the
Philippines seeking issuance of a restraining order, injunction, or writ of mandamus
against any person who is or has been violating any of the provisions of this Act
or the lawful rules or orders of the DOH.


SEC. 17. Power ofprovince, city, or municipality to regulate massage. — A province,
city or municipality, within its jurisdiction, may regulate persons and establishments
licensed under this Act. Any province, city or municipality shall have the authority
to enact any regulation of persons or establishments not licensed pursuant to this
‘Act in accordance with applicable laws and jurisprudence.

SEC. 18. Appropriations. - The amount necessary to carry out the provisions of this
‘Act shall be included in the budget of concerned government agencies in the General
Appropriations Act of the year following its enactment into law and thereafter

SEC. 19. Separability Clause. - If any provision of this Act is held invalid or
‘unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.

SEC. 20. Repealing Clause. - All laws, decrees, orders, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed,
amended or modified accordingly

SEC. 21. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation

Approved,