reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.32 - Initiation of a protest

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Protest petition
. The protest must be in petition form and set
					 forth in numbered paragraphs the material facts sufficient to justify relief to
					 the protestant, in accordance with 1 Pa. Code §
											35.17 (relating to petitions
					 generally).
(1) The protest shall have
					 appended to it a copy of any demand for mediation required by section 11(a) of
					 the act (63 P. S. §
													818.11(a)).
(2) A protest filed under section 8(d) of the
					 act (63 P. S. §
													818.8(d)) shall have
					 appended to it a copy of any notice of the action that is being
					 protested.
(3) A protest filed
					 under section 13 of the act (63 P. S. §
													818.13) shall have appended to it a copy of
					 any notice of intent to terminate a franchise.
(4) A protest filed under section 27 of the
					 act (63 P. S. §
													818.27) shall
					 have appended to it a copy of any notice of establishment or relocation of a
					 franchise.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.33 - Intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Intervention as of right
. In any protest matter filed under
					 section 27 of the act (63 P. S. §
												818.27), the existing dealer who seeks to
					 relocate a franchise or the additional dealer to whom the respondent seeks to
					 award a franchise may intervene on behalf of the respondent upon the filing of
					 a notice of intervention setting forth its right to intervene under this
					 subsection. Any party intervening as of right on behalf of the respondent under
					 this subsection shall file an answer to the protest contemporaneously with the
					 filing of the notice of intervention or as directed in the scheduling order,
					 whichever is later.
(b)
Intervention by permission
. Any other person seeking to
					 intervene shall petition to intervene in accordance with 1 Pa. Code
					 §§
											35.27-35.32 (relating to
					 intervention).
The provisions of this §
													19.33 issued under sections
						  4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S.
						  §§
														818.4(a)(9),
						  818.8,
						  818.11,
						  818.13 and
						  818.27).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.34 - Time for adjudication

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scheduling order
. Upon receipt from one or more parties of
					 notice that mediation required by section 11(a) of the act (63 P. S. §
												818.11(a)) was not
					 successful, protest counsel will prepare and issue a scheduling order. The
					 scheduling order will set forth the dates by which the answer, requests for
					 subpoenas, prehearing statements and posthearing briefs shall be filed, as well
					 as the date and time for the prehearing conference and the location and
					 beginning date and time of the hearing. The dates will be determined to permit
					 the Board to issue its adjudication in compliance with the time requirements of
					 section 8 of the act (63 P. S. §
												818.8).
(b)
Waiver
. The parties may
					 waive the time for adjudicating a protest matter in section 8 of the act
					 (63
					 P. S. §
												818.8). A waiver must be in
					 writing, specifying the time period that is to be waived, and signed on behalf
					 of all parties joining in the waiver. Unless otherwise specified in the filing,
					 the Board will treat the filing of any waiver as a request for a continuance
					 through that time period and will issue an amended scheduling order
					 accordingly.
(c)
Extension
					 of time
. Any request for an extension of time or continuance that
					 would delay the filing of posthearing briefs shall be accompanied by a waiver
					 through the second monthly meeting of the Board following the date posthearing
					 briefs are to be filed as if the request were to be granted. The Board may
					 grant a request for extension of time or continuance for which the protestant,
					 or an intervenor on behalf of the protestant, does not also sign the
					 waiver.
The provisions of this §
													19.34 issued under sections
						  4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S.
						  §§
														818.4(a)(9),
						  818.8,
						  818.11,
						  818.13 and
						  818.27).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.35 - Subsequent pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Answer
. The respondent, and any intervenor on behalf of the
					 respondent, may not file an answer to a protest until directed to do so by a
					 scheduling order issued by the Board. An answer must either admit or deny each
					 numbered paragraph of the protest, in accordance with 1 Pa. Code §
											35.35 (relating to answers to
					 complaints and petitions), and may contain averments of new matter.
(b)
Reply to new matter
. The
					 protestant, and any intervenor on behalf of the protestant, may reply within 10
					 days to an answer that sets forth new matter.
The provisions of this §
													19.35 issued under sections
						  4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S.
						  §§
														818.4(a)(9),
						  818.8,
						  818.11,
						  818.13 and
						  818.27).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.36 - Prehearing statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing of prehearing statement
. Each party to a protest shall
					 file a prehearing statement in accordance with the scheduling order.
(b)
Content of prehearing
					 statement
. A prehearing statement must contain:
(1) A concise statement of the facts that
					 will be offered by oral or documentary evidence at the hearing and a statement
					 of any unusual questions of evidence anticipated with respect to the proof of
					 such facts.
(2) A statement of any
					 questions of law anticipated with respect to the issues in the case. The
					 questions shall be presented with a statement of authority supporting the
					 position taken.
(3) The names and
					 addresses of all persons who may be called as witnesses. The identification of
					 a witness does not create any obligation to call the witness or to procure the
					 witness's attendance at the hearing.
(4) The report and curriculum vitae of any
					 expert whose opinion will be offered into evidence at the time of hearing. The
					 report must include the findings and conclusions of the expert.
(5) A list of all exhibits and copies of the
					 exhibits that a participant intends to use at the hearing.
(6) An estimate of the length of time that
					 will be required to present the party's case in chief.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.37 - Prehearing conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prehearing conference
. A representative of each party to a
					 protest shall participate in a prehearing conference under 1 Pa. Code §
											35.111 (relating to conferences to
					 adjust, settle or expedite proceedings) as directed by the scheduling order.
					 Unless otherwise ordered by the Board, the prehearing conference will be
					 telephonic and will be initiated by protest counsel.
(b)
Authority of protest
					 counsel
. In connection with the prehearing conference, protest counsel
					 shall have all authority of a presiding officer under 1 Pa. Code §
											35.114 (relating to authority of
					 presiding officer at conference).
The provisions of this §
													19.37 issued under sections
						  4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S.
						  §§
														818.4(a)(9),
						  818.8,
						  818.11,
						  818.13 and
						  818.27).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 19 - STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS › PROTEST PROCEEDINGS › Section 19.38 - Posthearing briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Posthearing briefs
. Posthearing briefs must conform to 1 Pa.
					 Code §
											35.192 (relating to content and
					 form of briefs), except that a brief may not have appended to it any copy of an
					 exhibit or any notes of testimony.
(b)
Reply briefs
. A party
					 may file a reply brief no later than 7 days after an opposing party's filing of
					 a posthearing brief.
The provisions of this §
													19.38 issued under sections
						  4(a)(9), 8, 11, 13 and 27 of the Board of Vehicles Act (63 P. S.
						  §§
														818.4(a)(9),
						  818.8,
						  818.11,
						  818.13 and
						  818.27).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › GENERAL PROVISIONS › Section 20.2 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of 1 Pa. Code §
											31.1 (relating to scope of part),
						and 1 Pa. Code Part II (relating to General Rules of Administrative Practice
						and Procedure) are applicable to the activities of and proceedings before the
						Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › GENERAL PROVISIONS › Section 20.3 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
					 fees are charged for services provided by the Board:
Application for initial
								  licensure........................
$100
Application for temporary practice
								  permit.................
$65
Verification of licensure or letter of good
								  standing...
$15
Certification of licensure
								  history.......................
$25
Reactivation of
								  license........................
$65
Restoration after suspension or
								  revocation...............
$65
Approval of continuing education
								  program.............
$100
(b) The following fees are charged to sustain
					 the operations of the Board:
Biennial renewal fee for biennial period February
								  1, 2019-January 31, 2021................................
$125
Biennial renewal fee for biennial period February
								  1, 2021-January 31, 2023................................
$150
Biennial rewewal fee for biennial period February
								  1, 2023-January 31, 2025, and each biennial renewal period
								  thereafter................
$175
(c) In addition to the application fee
					 prescribed in subsection (a), which is payable directly to the Board, a
					 candidate for the MBLEx shall be responsible for any fees charged by the FSMTB
					 for taking the examination.
The provisions of this §
													20.3 amended under section 11(a)
						  of the Massage Therapy Law (63 P.S. §
														627.11(a)).
This section cited in 49 Pa. Code §
													20.21 (relating to application for
						  temporary practice permit, initial licensure and licensure by reciprocity); 49
						  Pa. Code §
													20.31 (relating to expiration,
						  renewal and reactivation of license); and 49 Pa. Code §
													20.33 (relating to continuing
						  education content and providers).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › EDUCATION › Section 20.11 - Minimum hour requirements for massage therapy programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Massage therapy programs must provide at
					 least 600 hours of in-class, postsecondary education instruction, including:
(1) At least 175 contact hours of instruction
					 in anatomy and physiology, kinesiology and pathology, including training in the
					 human immunodeficiency virus and related risks.
(2) At least 250 contact hours in massage
					 therapy and bodywork assessment, theory and practice including sanitation,
					 safety and hygiene.
(3) At least 25
					 contact hours in professional ethics, and business and law related to a massage
					 therapy business.
(4) At least 150
					 contact hours in related courses appropriate to a massage therapy curriculum as
					 set forth in §
												20.13 (related to required
					 knowledge base), including cardiopulmonary resuscitation.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › EDUCATION › Section 20.12 - Information that must be provided to prospective students

Current through Register Vol. 54, No. 28, July 13, 2024
Massage therapy schools shall inform prospective
						students, in writing, prior to enrollment, of the annual passing rate of the
						school's graduates on each of the approved examinations for licensure for the
						past 2 years. Any licensee employed by a massage therapy school who knows or
						has reason to know that the school is not abiding by this provision will be
						subject to discipline under section 9(a)(7) of the act (63 P. S. §
												627.9(a)(7)). In addition,
						the Board will report the failure of a massage therapy school to conform to
						this section to the school's approving or accrediting body.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › EDUCATION › Section 20.13 - Required knowledge base

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Massage therapy education must provide students with knowledge of the
					 following:
(1) Massage and bodywork
					 assessment and application.
(2)
					 Contraindications and precautions for massage therapy.
(3) Anatomy and physiology.
(4) Kinesiology.
(5) Pathology.
(6) Pennsylvania legal
					 requirements.
(7) Business
					 practices.
(8) Professional
					 ethics.
(9) CPR resulting in a
					 Board-approved certification.
(10)
					 Communicable diseases and universal precautions.
(11) Power differentials and other
					 therapeutic boundary issues as they relate to client interaction.
(12) Fundamentals of human behavior and
					 respect for clients in the practice of massage therapy.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › EDUCATION › Section 20.14 - Student practice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 student enrolled in an approved massage therapy program may practice massage
					 therapy by providing services under immediate supervision as part of a clinical
					 training program operated by the school in which the student is obtaining
					 credit.
(b) A student, while
					 enrolled in an approved massage therapy program, may perform techniques learned
					 in class under indirect supervision.
(c) A student may not receive payment from
					 the school, client, or other source for providing massage therapy services;
					 however, a student may accept a nominal gratuity voluntarily given by a client
					 in a clinical training program operated by the school in which the student is
					 obtaining credit.
(d) Massage
					 therapy schools shall maintain records of services provided by students in a
					 clinical training program for at least 3 years from the last date of
					 service.
(e) Students providing
					 services as part of a clinical training program operated by a school shall be
					 clearly identified to the public as students.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE › Section 20.21 - Application for temporary practice permit, initial licensure and licensure by reciprocity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Application forms may be obtained from the Board and are posted on the Board's
					 web site.
(b) An applicant for
					 licensure shall submit to the Board a completed and signed application form,
					 the application fee as set forth in §
											20.3 (relating to fees) and the
					 following documents:
(1) A copy of a legal
					 form of identification, such as a valid driver's license, a current passport,
					 or a valid State identification card.
(2) An official Criminal History Record
					 Information check from the State Police or other state agency for every state
					 in which the candidate has resided during the past 5 years. The reports must be
					 dated within 6 months of the date of application.
(3) CPR certification, that is valid for at
					 least 6 months following the date of application. A list of Board-approved CPR
					 providers will be posted on the Board's web site.
(4) Proof of graduation from high school or
					 the equivalent.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE › Section 20.22 - Procedure for licensure denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The Board will inform the applicant, in writing, of the basis upon which the
					 Board has refused the license. The Board will provide the applicant with an
					 opportunity to demonstrate, at a hearing, that the license should be
					 issued.
(b) If information
					 submitted with the application indicates that an applicant may be unable to
					 safely practice massage therapy, the Board will require the applicant to
					 contact the Bureau of Professional and Occupational Affairs' Professional
					 Health Monitoring Program and participate in an evaluation to determine if the
					 applicant can safely practice. An applicant may contest the results of the
					 evaluation at a hearing. The Board will provide an applicant who refuses to
					 participate in an evaluation with an opportunity to demonstrate, at a hearing,
					 that the license should be granted.
(c) In a case when the Board refuses to issue
					 a license, the Board will issue a written final decision setting forth the
					 grounds for the refusal and informing the applicant of the applicant's right to
					 a hearing under section 9(c) of the act (63 P. S. §
												627.9(c)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE › Section 20.23 - Licensure examinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Board adopts the NCETM and NCETMB, including the NESL option, and MBLEx as
					 approved examinations for initial licensure under section 7 of the act
					 (63
					 P. S. §
												627.7).
(b) An individual who plans to take the MBLEx
					 offered by the FSMTB shall contact the FSMTB directly to apply for examination.
					 The FSMTB will issue the candidate an Authorization to Test, which the
					 candidate may use to schedule the examination. Candidates are responsible for
					 registering for the licensure examination date and site. Candidates who are
					 unable to test within 90 days of the date the FSMTB issued the candidate's
					 Authorization to Test will be required to reapply as a new candidate subject to
					 all application and fee requirements in place at that time.
(c) An individual who plans to take the NCETM
					 or NCETMB examinations, including the NESL option offered by the NCBTMB, shall
					 contact the NCBTMB directly to apply for examination. The NCBTMB will issue the
					 candidate an Authorization to Test, which the candidate may use to schedule the
					 examination. Candidates are responsible for registering for the licensure
					 examination date and site. Candidates who are unable to test within 90 days of
					 the date the NCBTMB issued the candidate's Authorization to Test will be
					 required to reapply as a new candidate subject to all application and fee
					 requirements in place at that time.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE › Section 20.24 - Application requirements for existing practitioners

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Existing practitioners shall submit, by
					 January 2, 2012, an application, application fee and the information required
					 under §
											20.21(b), (c) and
					 (d) (relating to application for temporary
					 practice permit, initial licensure and licensure by reciprocity) if applicable,
					 and shall be subject to the provisions of § 20.21(e)-
(i).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE › Section 20.25 - Additional application requirements for applicants for licensure by reciprocity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 applicant for licensure by reciprocity shall submit an application form
					 provided by the Board and information required under §
											20.21(b)(1)-(3) and
					 (c) (relating to application for temporary
					 practice permit, initial licensure and licensure by reciprocity), and shall be
					 subject to the provisions of § 20.21(d) and (e).
(b) An applicant for licensure by reciprocity
					 shall have the official licensing authority of every jurisdiction in which the
					 applicant holds a license to practice massage therapy provide the Board with
					 verification that the applicant is a licensee in good standing and
					 documentation of any disciplinary action taken by the jurisdiction's licensing
					 authority.
(c) An applicant for
					 licensure by reciprocity shall request that the applicant's massage therapy
					 school provide the Board with the applicant's official transcript and
					 verification that the school is recognized by the jurisdiction's licensing
					 authority, accredited by a National accrediting organization, or authorized to
					 operate by the jurisdiction's Department of Education.
(d) An applicant for licensure by reciprocity
					 shall provide evidence that the applicant passed the MBLEx, the NCETM, NCETMB
					 or successfully completed the NESL option, or evidence that the applicant
					 obtained original licensure through qualifications equivalent to those for
					 existing practitioners under section 5(b) of the act (63 P. S. §
												627.5(b)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE › Section 20.26 - Application requirements for temporary practice permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant for a temporary practice
					 permit shall submit an application form provided by the Board.
(b) In addition to the completed application
					 form, an applicant for a temporary practice permit shall comply with the
					 application procedures under §
											20.21(b)(1)-(3) and
					 (c) (relating to application for temporary
					 practice permit, initial licensure and licensure by reciprocity), and shall be
					 subject to the provisions of § 20.21(d) and (e).
(c) A temporary practice permit will expire
					 on the earlier of 6 months from the date of issuance or on the date the
					 candidate fails the licensure examination.
(d) Individuals who have been issued a
					 temporary practice permit will be considered licensees for purposes of applying
					 section 9 of the act, pertaining to refusal, suspension and revocation of
					 licenses.
(e) Individuals who have
					 been issued a temporary practice permit may not hold themselves out as a
					 licensed massage therapist, use the initials L.M.T. or advertise their practice
					 of massage therapy.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE RENEWAL AND REACTIVATION › Section 20.31 - Expiration, renewal and reactivation of license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Expiration of license.
Licenses expire on January 31 of each odd-numbered year beginning in 2013,
					 regardless of the date of issuance. Licenses are renewable for a 2-year period
					 beginning each October 31 of each even-numbered year beginning in
					 2012.
(b)
Practice
					 prohibited.
A licensee may not practice massage therapy in this
					 Commonwealth after the last day of January of the renewal year unless the
					 license has been renewed.
(c)
Renewal application.
A licensee shall:
(1) Apply for licensure renewal online or on
					 the form provided by the Board.
(2)
					 Pay the biennial renewal fee as set forth in §
												20.3 (relating to fees).
(3) Submit proof of current certification in
					 CPR.
(4) Submit verification of
					 completion of at least 24 hours of Board-approved continuing
					 education.
(5) Submit verification
					 that the licensee has read, understood and will comply with the act and this
					 chapter.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE RENEWAL AND REACTIVATION › Section 20.32 - Continuing education hours, maintenance of certificates of completion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Licensees shall
					 complete a minimum of 24 hours of continuing education in the field of massage
					 therapy as set forth in section 4(6) of the act (63 P.S. §
												627.4(6)) and §
											20.33 (related to continuing
					 education content and providers) in the 2-year period immediately preceding the
					 application for license renewal. To be creditable, continuing education must
					 meet the requirements for Board approval set forth in this section and §
					 20.33.
(b) Licensees shall complete
					 a minimum of 4 hours of continuing education in professional ethics in each
					 biennial renewal period.
(c) A
					 minimum of 16 hours of continuing education shall be earned through contact
					 hours.
(d) Courses for the renewal
					 of the licensee's CPR certification shall be earned through contact hours and
					 may not be used to meet the biennial continuing education
					 requirement.
(e) Licensees shall
					 retain the certificates of completion from continuing education courses for a
					 minimum of 5 years.
(f) A licensee
					 who is unable to complete the required continuing education shall request a
					 waiver or extension from the Board at least 60 days prior to the expiration of
					 the license. The request must include details about the licensee's illness,
					 emergency or hardship, including documentation such as a letter from the
					 licensee's physician or a copy of the licensee's military orders. The Board
					 will respond in writing either granting or denying a request for waiver or
					 extension.
(g) Licensees may be
					 audited to ensure their compliance with the continuing education
					 requirements.
This section cited in 49 Pa. Code §
													20.31 (relating to expiration,
						  renewal and reactivation of license); and 49 Pa. Code §
													43b.23a (relating to schedule of
						  civil penalties-massage therapists).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE RENEWAL AND REACTIVATION › Section 20.33 - Continuing education content and providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Continuing education must be designed to
					 advance the licensee's professional knowledge and skills related to the
					 practice of massage therapy as defined in section 2 of the act (63 P.S. §
												627.2).
(b) The following continuing education
					 providers are approved to offer creditable continuing education provided they
					 comply with subsections (a), (c) and (d):
(1)
					 Schools of massage therapy in this Commonwealth operating under section 5(a)(3)
					 of the act (63 P.S. §
													627.5(a)(3)).
(2) Schools of massage therapy approved by
					 the Board or accredited by a National accrediting agency recognized by the
					 United States Department of Education.
(3) The American Massage Therapy Association
					 and its state chapters.
(4)
					 NCBTMB-approved providers.
(5)
					 Associated Bodywork and Massage Professionals.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › LICENSURE RENEWAL AND REACTIVATION › Section 20.34 - Penalty for failure to complete continuing education

Current through Register Vol. 54, No. 28, July 13, 2024
Applicants for license renewal shall provide, on forms
						provided by the Board, a signed statement verifying whether continuing
						education requirements have been met. Failure to complete a minimum of 24 hours
						of continuing education in a biennial period may subject a licensee to
						discipline under section 9(a)(7) of the act (63 P. S. §
												627.9(a)(7)) in accordance
						with the schedule of civil penalties at §
											43b.23 (relating to schedule of
						civil penalties-massage therapists).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › SCOPE AND STANDARDS OF PRACTICE › Section 20.41 - Scope of practice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Massage
					 therapists apply a system of structured touch, pressure, movement, holding and
					 treatment of the soft tissue manifestations of the human body in which the
					 primary intent is to enhance the health and well-being of the client. Massage
					 therapy includes:
(1) The external
					 application of water, heat, cold, lubricants and other topical
					 preparations.
(2) Lymphatic
					 techniques.
(3) Myofascial release
					 techniques.
(4) The use of
					 electro-mechanical devices which mimic or enhance the action of the massage
					 techniques.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › SCOPE AND STANDARDS OF PRACTICE › Section 20.43 - Disciplinary procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 massage therapist whose conduct constitutes a sexual violation or sexual abuse
					 is subject to immediate temporary suspension in accordance with section 9(d) of
					 the act (63 P.S. §
												627.9(d)).
(b) The consent of an individual to engage in
					 conduct defined herein as sexual harassment, sexual impropriety, sexual
					 violation or sexual abuse with a massage therapist is not a defense in any
					 disciplinary action brought under this section.
(c) With the exception of information
					 contained in a professional record, neither opinion evidence, reputation
					 evidence nor specific instances of the past sexual conduct of a client is
					 admissible in a disciplinary action brought under this section.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › SANITATION, FACILITY AND EQUIPMENT REQUIREMENTS › Section 20.51 - Massage therapy treatment areas

Current through Register Vol. 54, No. 28, July 13, 2024
Massage therapists shall maintain their treatment spaces
						to:
(1) Provide for client privacy
					 when clients disrobe.
(2) Provide
					 for heating, cooling and ventilation to enhance client comfort.
(3) Provide illumination for
					 cleaning.
(4) Be clean, sanitary
					 and free from mold and contaminants.
(5) Ensure client safety.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › SANITATION, FACILITY AND EQUIPMENT REQUIREMENTS › Section 20.52 - Massage therapy equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Massage
					 therapists shall maintain equipment used in the practice of massage therapy in
					 working order.
(b) Massage
					 therapists shall clean equipment that comes into direct contact with a client's
					 skin between each use.
(c) Massage
					 therapists shall cover with impervious material and regularly clean cushions on
					 massage tables and massage chairs, as well as bolsters and pillows.
(d) Massage therapists shall clean face
					 rests, whether covered or uncovered, between each use.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › SANITATION, FACILITY AND EQUIPMENT REQUIREMENTS › Section 20.53 - Topical preparations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Massage therapists shall store topical preparations in a manner that maintains
					 the integrity of the product and prevents spoilage and contamination.
(b) Massage therapists shall dispense topical
					 preparations in a manner that prevents contamination of the unused portion and
					 that prevents cross-contamination between clients.
(c) Massage therapists shall use topical
					 preparations that come into contact with a client, such as ice cubes, plasters,
					 herbs, seaweed, muds, scrubs, paraffin or any other similar products only once
					 and shall then dispose of the topical preparations in a sanitary manner.
					 Preparations that are not washed away must be placed in a covered receptacle
					 that is emptied at least daily.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 20 - STATE BOARD OF MASSAGE THERAPY › SANITATION, FACILITY AND EQUIPMENT REQUIREMENTS › Section 20.54 - Linens

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Massage
					 therapists shall store single-service materials, including clean linens, in a
					 manner that maintains their cleanliness.
(b) Massage therapists shall furnish clean
					 and fresh for the use of each individual client single-service materials,
					 linens and any other items, materials or tools that come into contact with a
					 client's body.
(c) Massage
					 therapists shall place soiled linens in a covered receptacle or washing machine
					 after use.
(d) Massage therapists
					 shall wash soiled linens in a clothes washing machine in hot water with
					 detergent and bleach after every use.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › GENERAL PROVISIONS › Section 21.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
						administers the act by providing rules and regulations on standards for nursing
						schools and the conduct of the programs.
(b) The Board provides for licensure of
						graduate nurses from approved schools by examination, by endorsement and by
						renewal of licenses.
(c) The Board
						has the right to establish rules and regulations for the practice of
						nursing.
(d) The Board may impose
						disciplinary sanctions and assess civil penalties for cause.
(e) The Board may approve professional
						nursing education programs conducted in hospitals and accredited colleges,
						universities and postsecondary institutions that award academic degrees, and
						will make available a list of approved programs on its web site.
(f) The Board will regulate the practice of
						professional nursing.
The provisions of this §
														21.2 amended under section
							 2.1(k) of The
							 Professional Nursing Law (63 P.S. §
															212.1(k)).
This section cited in 49 Pa. Code §
														21.803 (relating to applicability
							 of rules relating to professional
							 nurses).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › GENERAL PROVISIONS › Section 21.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														21.3 reserved under section
							 2.1(k) of The
							 Professional Nursing Law (63 P.S. §
															212.1(k)).
This section cited in 49 Pa. Code §
														21.803 (relating to applicability
							 of rules relating to professional
							 nurses).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › GENERAL PROVISIONS › Section 21.4 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
												31.1 (relating to scope of part) 1
						  Pa. Code Part II (relating to general rules of administrative practice and
						  procedure) is applicable to the activities of and proceedings before the
						  Board.
This section cited in 49 Pa. Code §
														21.803 (relating to applicability
							 of rules relating to professional
							 nurses).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › GENERAL PROVISIONS › Section 21.4a - Procedural matters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The consent
						of the patient to any sexual impropriety or violation is not a defense to any
						disciplinary charge for violation of the act or this subchapter.
(b) Evidence of specific instances, opinion
						evidence or reputation evidence of a patient's past sexual conduct is not
						admissible in proceedings brought under §
												21.18(b)(9)
						(relating to standards of nursing conduct). The Board may consider sexual
						relationships between the nurse and the patient occurring prior to the
						professional relationship.
(c) A
						nurse who attempts to raise as a defense an argument that conduct prohibited as
						a sexual violation or sexual impropriety was necessary or appropriate to the
						treatment of any patient shall be required to demonstrate competency in
						practice which relates directly to the treatment of sexual function or
						dysfunction. This competence may be demonstrated through educational training
						and supervised clinical experience. Appropriate discussions of sexual matters
						between a nurse and a patient shall be fully documented in patient
						records.
The provisions of this §
														21.4a issued under section
							 2.1(k) of The
							 Professional Nursing Law (63 P.S. §
															212.1(k)).
This section cited in 49 Pa. Code §
														21.803 (relating to applicability
							 of rules relating to professional
							 nurses).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › GENERAL PROVISIONS › Section 21.6 - Professional corporations

Current through Register Vol. 54, No. 28, July 13, 2024
A registered nurse may form a professional corporation
						  with other registered nurses or other health care practitioners who treat human
						  ailments and conditions, and who are licensed to provide health care services
						  in this Commonwealth without receiving a referral or supervision from another
						  health care practitioner.
This section cited in 49 Pa. Code §
														21.803 (relating to applicability
							 of rules relating to professional
							 nurses).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › GENERAL PROVISIONS › Section 21.7 - Temporary practice permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						graduate registered nurse may only practice professional nursing under
						supervision and if the graduate registered nurse holds a current temporary
						practice permit. "Supervision" means that a licensed registered nurse is
						physically present in the area or unit where the graduate registered nurse is
						practicing. The Board may grant a temporary practice permit to a graduate
						registered nurse as follows:
(1) A graduate
						registered nurse who wishes to practice professional nursing shall submit an
						application for a temporary practice permit for a graduate registered nurse on
						a form provided by the Board and remit the fee specified in §
													21.5 (relating to fees). A
						temporary practice permit granted under this section is valid for up to 1 year
						from the date of issuance, unless extended under paragraphs (3) and (4), and
						immediately expires if the applicant fails the licensing examination.
(2) At least 90 days prior to the expiration
						date of the temporary practice permit, the graduate registered nurse shall:
(i) Submit an application for licensure by
						examination as a registered nurse.
(ii) Remit the fee specified in §
						21.5.
(iii) Submit the licensure
						examination registration form and fee required to the professional testing
						organization.
(3) At
						least 60 days prior to the expiration date of the temporary practice permit,
						the graduate registered nurse who wishes to extend the expiration date of the
						temporary practice permit because of illness or extreme hardship shall:
(i) Submit an application for temporary
						practice permit extension on a form provided by the Board.
(ii) Remit the fee specified in §
						21.5.
(iii) Provide a detailed,
						written explanation of the reason the extension is requested. If requesting an
						extension due to illness, the applicant shall provide certification of the
						illness from the applicant's treating physician.
(4) The Board will not grant an extension to
						an individual who fails to meet the requirements of paragraphs (2) and
						(3).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › RESPONSIBILITIES OF THE REGISTERED NURSE › Section 21.11 - General functions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						registered nurse assesses human responses and plans, implements and evaluates
						nursing care for individuals or families for whom the nurse is responsible. In
						carrying out this responsibility, the nurse performs all of the following
						functions:
(1) Collects complete and ongoing
						data to determine nursing care needs.
(2) Analyzes the health status of the
						individuals and families and compares the data with the norm when possible in
						determining nursing care needs.
(3)
						Identifies goals and plans for nursing care.
(4) Carries out nursing care actions which
						promote, maintain and restore the well-being of individuals.
(5) Involves individuals and their families
						in their health promotion, maintenance and restoration.
(6) Evaluates the effectiveness of the
						quality of nursing care provided.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 21 - STATE BOARD OF NURSING › Subchapter A - REGISTERED NURSES › RESPONSIBILITIES OF THE REGISTERED NURSE › Section 21.12 - Venipuncture; intravenous fluids

Current through Register Vol. 54, No. 28, July 13, 2024
Performing of venipuncture and administering and
						  withdrawing intravenous fluids are functions regulated by this section, and
						  these functions may not be performed unless:
(1) The procedure has been ordered in writing
						for the patient by a licensed doctor of the healing arts.
(2) The registered nurse who performs
						venipunctures has had instruction and supervised practice in performing
						venipunctures.
(3) The registered
						nurse who administers parenteral fluids, drugs or blood has had instruction and
						supervised practice in administering parenteral fluids, blood or medications
						into the vein.
(4) A list of
						medications which may be administered by the registered nurse is established
						and maintained by a committee of physicians, pharmacists and nurses from the
						employing agency or the agency within whose jurisdiction the procedure is being
						performed if no employing agency is involved.
(5) The intravenous fluid or medication to be
						administered is the fluid or medication specified in the written
						order.
(6) The blood is identified
						as the blood ordered for the patient.
(7) An accurate record is made concerning the
						following:
(i) The time of the
						injection.
(ii) The medication or
						fluid injected.
(iii) The amount of
						medication or fluid injected.
(iv)
						Reactions to the fluid.