F;, 
94 2: i 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
I., 
OF THE PHILIPPINES 
1 
.., 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 15, provides: 
The State shall protect and promote the right to health of the 
people and instill health consciousness among them 
Massage is a part of the Filipino culture, as well as in the majority of our 
Southeast Asian neighbors. Qualified massage practitioners and therapists invested in 
their vocation the knowledge of anatomy and physiology, with an understanding of the 
relationship between the structure and the function of the tissues being treated and the 
total function of the body. Regulating the practice of massage against unqualified 
practitioners and establishments is in the interest of public health, safety, and welfare. 
This bill not only aims to standardize the qualifications of massage therapists, but will 
also curb prostitution that uses massage parlors as fronts of their illicit trade.’ 
’ This bill was originally filed in the Thirteenth Congress, Third Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
S.B. No. 
, ,. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REGULATING THE MASSAGE PRACTICE 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Shovt Title. - This act shall be known and may be cited as the 
"Massage Practice Act of 2007." 
SECTION 2. Definitions. -As used in this act: 
(A) "Board" means the Board of Massage Therapy; 
(B) "Department" means the Department of Health; 
(C) "Secretary" means the Secretary of the Department of Health; 
(D)"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 electrical or mechanical device; or the application to the human body 
of a chemical or herbal preparation; 
(E) "Massage therapist" means a person licensed as required by this act, who 
administers massage for compensation; 
(F) "Apprentice" means a person approved by the Board to study massage 
under the instruction of a licensed massage therapist; 
(G)"Colonic irrigation" means a method of hydrotherapy used to cleanse the 
colon with the aid of a mechanical device and water; 
(H)"Establishment" means a site or premises, or portion thereof, wherein a 
massage therapist practices massage; 
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(I) "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; and 
(J) "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. 
SECTION 3. Exemptions. - 
(A)Athletic trainers employed by or on behalf of a professional athletic team 
performing or training within this state shall be exempt from the 
provisions of this act. 
(B) The state and its political subdivisions are exempt from the registration 
requirements 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. 
SECTION 4. Board of Massage Therapy. - 
(A)The Board of Massage Therapy is created within the Department. The 
Board shall consist of seven members, who shall be appointed by the 
Secretary and whose function it shall be to cany 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 5 
consecutive years prior to the date of appointment to the Board. The 
Secretary shall appoint each member for a term of 4 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 
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country for not less than 5 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 hold over 
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 it may determine to 
be 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 quornm 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 
chapter. 
SECTION 5. Accountability ofBoard 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. 
SECTION 6. Investigative services. - The Department shall provide all 
investigative services required in carrying out the provisions of this act. 
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SECTION 7. Massage therapists: qualifications; licensure: 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; 
(2) 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 
Department. 
(B) Every person desiring to be examined for licensure as a massage therapist 
shall apply to the Department in writing upon forms prepared and 
furnished by the Department. Such applicants shall be subject to the 
provisions of SECTION 12 (I). Applicants may take an examination 
administered by the Department only upon meeting the requirements of 
this section as determined by the Board. 
(C)Upon an applicant's passing the examination and paying the initial 
licensure fee, the Department shall issue to the applicant a license, valid 
until the next scheduled renewal date, to practice massage. 
(D)The Board shall adopt rules: 
(I) Establishing a minimum training program for apprentices. 
(2) Providing for educational standards, examination, and certification for 
the practice of colonic irrigation, as defined in s. 480.033(6), by 
massage therapists. 
(3) Specifying licensing procedures for practitioners desiring to be 
licensed in this state who hold an active license and have practiced in 
any other state, territory, or jurisdiction of the United States or any 
foreign national jurisdiction 
which has 
licensing 
standards 
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substantially similar to, equivalent to, or more stringent than the 
standards of this state. 
SECTION 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 25 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. 
SECTION 9. Examinations. - 
(A)The Board shall specify by rule the general areas of competency to be 
covered by examinations for licensure. These mles 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 state and federal 
equal employment opportunity guidelines. 
(C) The Department 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 Department 
shall deem necessary. 
(D)The Board shall adopt rules providing for reexamination 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 Department by number until her or his 
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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 of the Department 
and shall be kept for reference and inspection for a period of not less than 
2 years immediately following the examination. 
SECTION 10. Massage establishments; requisites; licensure; inspection. - 
(A)No massage establishment shall be allowed to operate without a license 
granted by the Department 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 in the state shall submit to the Department an application, 
upon forms provided by the Department, accompanied by any information 
requested by the Department and an application fee. 
(D)Upon receiving the application, the Department may cause an 
investigation to be made of the proposed massage establishment. 
(E) If, based upon the application and any necessary investigation, the 
Department determines that the proposed establishment would fail to meet 
the standards adopted by the Board under subsection (2), the Department 
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 
Department determines that the proposed massage establishment may 
reasonably be expected to meet the standards adopted by the Department 
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under subsection (2), the Department shall grant the license under such 
restrictions as it shall deem proper as soon as the original licensing fee is 
paid. 
(G) (1) Once issued, no license for operation of a massage establishment may 
be transferred from one owner to another. 
(2) 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 rule of the Board, not to exceed Php1500. 
(3) 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 Php 500. 
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(H)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. 
(I) The Board is authorized to adopt rules governing the periodic inspection 
of massage establishments licensed under this act. 
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SECTION 11. Fees; Disposition. - 
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(A)The Board shall set fees according to the following schedule: 
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(1) 
Massage therapist application and examination fee: not to exceed 
Php 2500; 
Massage therapist initial licensure fee: not to exceed Php1500; 
Establishment application fee: not to exceed Php 2000; 
Establishment licensure fee: not to exceed Php 1500; 
Biennial establishment renewal fee: not to exceed Php 1500; 
Biennial massage therapist licensure renewal fee: not to exceed Php 
(2) 
(3) 
(4) 
(5) 
(6) 
2000; 
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(8) Fee for apprentice: not to exceed Php 1000; 
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(9) 
Colonics examination fee: not to exceed Php 1000; 
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(11) Application and reactivation for inactive status of a massage 
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therapist license fee: not to exceed Php 2500; 
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(7) Massage therapist reexamination fee: not to exceed Php 2500; 
(10) Colonics reexamination fee: not to exceed Php 1000; 
(12) Renewal fee for inactive status: not to exceed Php 2500; 
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@)The Department shall impose a late fee not to exceed Php 1500 on a 
delinquent renewal of a massage establishment license; 
(C)The Board may establish by rule an application fee not to exceed Php 
1000 for anyone seeking approval to provide continuing education courses 
and may provide by rule for a fee not to exceed Php 50 for renewal of 
providership; 
(D)The Department is authorized to charge the cost of any original license or 
permit, as set forth in this chapter, for the issuance of any duplicate 
licenses or permits requested by any massage therapist or massage 
establishment; 
(E) All moneys collected by the Department from fees authorized by this act 
shall be paid into the National Treasury. 
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SECTION 12. Grounds for disciplinary action by the Board. - 
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(A)The following acts constitute grounds for denial of a license or 
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disciplinary action: 
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fraudulent misrepresentation. 
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(2) Having a license to practice massage revoked, suspended, or 
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otherwise acted against, including the denial of licensure, by the 
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licensing authority of another state, territory, or country. 
(1) Attempting to procure a license to practice massage by bribery or 
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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. Any plea of nolo 
contendere shall be considered a conviction for purposes of this 
chapter. 
False, deceptive, or misleading advertising. 
Aiding, assisting, procuring, or advising any unlicensed person to 
practice massage contrary to the provisions of this chapter or to a 
rule of the Department 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 Department shall have, 
upon probable cause, authority to compel a massage therapist to 
submit to a mental or physical examination by physicians designated 
by the Department. 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 allegations 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. 
Gross or repeated malpractice or the failure to practice massage with 
that level of care, skill, and treatment which is recognized by a 
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reasonably prudent massage therapist as being acceptable under 
similar conditions and circumstances. 
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) 
(10) 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. 
(11) Violating a lawful order of the Board or Department previously 
entered in a disciplinary hearing, or failing to comply with a lawfully 
issued subpoena of the Department. 
(12) Refusing to pennit the Department to inspect the business premises 
of the licensee during regular business hours. 
(13) Failing to keep the equipment and premises of the massage 
establishment in a clean and sanitary condition. 
(14) Practicing massage at a site, location, or place which is not duly 
licensed as a 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. 
(€3) 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 subsection (1) of this 
section. 
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(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 kaud or deceit or of 
gross negligence, incompetence, or misconduct in the operation of the 
establishment so licensed. 
SECTION 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. 
SECTION 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 chapter or unless otherwise specifically 
exempted from licensure under this chapter. 
(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 in this state at a Board-approved massage school. 
(3) Permit an employed person to practice massage unless duly licensed as 
provided herein. 
(4) Present as his or her own the license of another. 
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(5) Allow the use of his or her license by an unlicensed person. 
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(6) Give false or forged evidence to the Department in obtaining any license 
provided for herein. 
(7) Falsely impersonate any other licenseholder of like or different name. 
(8) Use or attempt to use a license that has been revoked. 
(9) Othenvise 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. 
SECTION 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 engage or 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. 
SECTION 16. Civil proceedings. - As cumulative to any other remedy or 
criminal prosecution, the Department may file a proceeding in the name of the state 
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 Department. 
SECTION 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 chapter. Such regulation shall not exceed the powers 
of the State under this act or be inconsistent with this act. This section shall not be 
construed to prohibit a county or municipality from enacting any regulation of persons or 
establishments not licensed pursuant to this act. 
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SECTION 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. 
SECTION 19. Repealing Clause. - All laws, decrees, executive orders, 
administrative orders or parts thereof inconsistent with the provisions of this Act are 
hereby repealed, amended or modified accordingly. 
SECTION 20. Separability Clause. - If any provision of this Act is held invalid 
or unconstitutional, other provisions not affected thereby shall continue to be in full force 
and effect. 
SECTION 21. ESfectivity Clause. - This Act shall take effect fifteen (15) days 
following its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved, 
/ptmt 
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