CHAPTER Plc 900 MASSAGE THERAPISTS

REVISION NOTE #1:

Pursuant to 2015, 276:103 and 104, effective 7-1-15, rulemaking authority under RSA 328-B:4 and RSA 328-B:11-a over massage therapy was transferred to the Executive Director of the Office of Professional Licensure and Certification from the Commissioner of the Department of Health and Human Services. The existing rules of the Department numbered Chapter He-P 900 and titled “Massage Therapists” were also transferred pursuant to 2015, 276:45 under RSA 310-A:1-a, III. The former Chapter He-P 900 subsequently expired 12-11-17.

Document #12621, effective 9-21-18, adopted a new Chapter Plc 300 titled “Massage Therapists”. Document #12621 replaced all filings affecting the former Chapter He-P 900. The filings affecting the former He-P 900 included the following documents:

#2348, eff 4-28-83, EXPIRED 4-48-89

#5467, eff 9-15-92, EXPIRED 9-15-98

#5849, eff 6-22-94

#6246, eff 5-15-96

#7293, eff 5-24-00

#7471, eff 3-30-01

#8033, eff 2-7-04

#8489, eff 11-18-05

#9612, eff 12-11-09, EXPIRED 12-11-17

REVISION NOTE #2:

Document #13383, effective 5-26-22, readopted with amendment Part Plc 303 titled “License by Reciprocity” in Chapter Plc 300. Document #13383 made extensive changes to the wording and numbering of the former Part Plc 303 in Document #12621, including inserting 3 new rules Plc 303.01, Plc 303.02, and Plc 303.03, and readopting with amendment and renumbering Plc 303.01 as Plc 303.04. Document #13383 thereby replaced the filing for Part Plc 303 in Document #12621.

Chapter Plc 300 titled “Massage Therapists” was subsequently renumbered as Chapter Plc 900 as an editorial change during the process pursuant to RSA 541-A:15, I of preparing the rules in Document #13383 for certification by the Office of Professional Licensure and Certification (OPLC). The renumbering is part of a re-organization plan for rules under the prefix title “Plc” as submitted by the Executive Director of the OPLC to the Office of Legislative Services.

REVISION NOTE #3:

Document #14387, effective 10-8-25, adopted, readopted with amendment, or repealed all of the rules in Chapter Plc 900 titled “Massage Therapists”, necessitating extensive renumbering of existing rules within the chapter as summarized below. Document #14322 replaces all prior filings affecting the former rules in Chapter Plc 900. The prior filings affecting the former Chapter Plc 900, including rules in the former Chapter Plc 300 and Chapter He-P 900, included the following documents;

(See Revision Note #1 at chapter heading for Plc 900)

#12621, eff 9-21-18

(See Revision Note #2 at chapter heading for Plc 900)

#13383, eff 5-26-22

The extensive renumbering by Document #14387 in Chapter Plc 900 included the following rules which were readopted with amendment and renumbered:

Former Rule New Rule

Part Plc 901 Part Plc 902

Part Plc 902 Part Plc 904

Part Plc 904 Part Plc 905

Plc 906.01 Plc 906.01 and Plc 906.02

Plc 905.02 Plc 906.03-Plc 906.07

Plc 905.04 Plc 907.02

Plc 905.01 Plc 907.03

Plc 905.03 Plc 907.04

Part Plc 907 and Part Plc 908 Part Plc 908

PART Plc 901 PURPOSE AND APPLICABILTY; SENDING NOTICES AND LICENSES; INCORPORATED DEFINITIONS

Plc 901.01 Purpose. The purpose of this chapter is to implement RSA 328-B relative to regulating the practice of massage therapy, by establishing requirements for:

(a) Obtaining and renewing a license to practice massage therapy; and

(b) The regulation of the practice of massage therapy, including establishing ethical and professional standards required to be met by each holder of a license.

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Plc 901.02 Applicability. Subject to the exemptions provided in RSA 328-B:10, reprinted in Appendix B, this chapter shall apply to any individual who intends to practice or who does practice massage therapy in New Hampshire.

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Plc 901.03 Notifications; Issuance of Licenses. The office of professional licensure and certification (OPLC) shall send all notifications to applicants and licensees, and all licenses issued pursuant to this chapter, in accordance with Plc 301.03.

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Plc 901.04 Incorporated Definitions. All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 200, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified in those chapters.

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PART Plc 902 CHAPTER-SPECIFIC DEFINITIONS

Plc 902.01 “Advisory board” means “advisory board” as defined in RSA 328-B:2, II, reprinted in Appendix B.

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Plc 902.02 “Allied bodyworker techniques” means techniques that enhance therapeutic effects on the body, which can be used in conjunction with massage therapy.

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Plc 902.03 “Applicant” means “applicant” as defined in RSA 328-B:2, I, reprinted in Appendix B.

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Plc 902.04 “Authorized emergency aid training organization” means:

(a) The American Heart Association, available at https://www.heart.org/;

(b) The American Red Cross, available at https://www.redcross.org;

(d) The Emergency Care & Safety Institute, available at https://www.ecsinstitute.org/; or

(e) Any other organization that offers a CPR or first aid course, as applicable, that meets or exceeds:

(1) American Heart Association standards, for CPR certification; or

(2) American Red Cross standards, for first aid certifications.

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Plc 902.05 “Cardiopulmonary resuscitation (CPR)” means a procedure involving repeated compression of a patient’s chest, performed in an attempt to restore the blood circulation and breathing of an individual who has suffered cardiac arrest.

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Plc 902.06 “CPR certification” means cardiopulmonary resuscitation certification obtained from an authorized emergency aid training organization.

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Plc 902.07 “First aid” means the first and immediate assistance given to an individual who is ill or who has been injured, to preserve life, prevent the condition from worsening, or promote recovery until medical services are available.

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Plc 902.08 “First aid certification” means certification in first aid techniques that is obtained from an authorized emergency aid training organization.

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Plc 902.09 “Hydrotherapy” means the application of water in its varied forms, such as solid, liquid, or vapor, to the body for therapeutic effects.

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Plc 902.10 “Inappropriate sexual contact” means the intentional touching by the massage therapist of a client’s breasts or genitalia when such touching:

(1) Is a therapeutic aspect of the massage, but is done without the informed consent of the client; or

(2) Is not a necessary, therapeutic aspect of the massage, and is performed primarily for the purpose of sexual arousal or gratification of the massage therapist or the client.

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Plc 902.11 “Kinesiology” means the scientific study of human body movement.

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Plc 902.12 “Licensee” means “licensee” as defined in RSA 328-B:2, V, reprinted in Appendix B.

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Plc 902.13 “Massage” means “massage” as defined in RSA 328-B:2, VI, reprinted in Appendix B.

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Plc 902.14 “Massage therapist” means “massage therapist” as defined in RSA 328-B:2, VIII, reprinted in Appendix B.

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Plc 902.15 “Offense” means an act of inappropriate sexual contact occurring during the course of a single massage.

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Plc 902.16 “Sanitary practices” means actions that can be taken to maintain conditions in, or return conditions to, a state that is free of dirt and agents of infection or disease.

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PART Plc 903 ADVISORY BOARD

Plc 903.01 Advisory Board Members Appointment and Qualifications.

(a) As required by RSA 328-B:5, the executive director shall establish an advisory board of massage therapists consisting of 3 members, who shall be licensed massage therapists.

(b) As provided in RSA 328-B:5:

(1) Each member shall be appointed to a term of 3 years; and

(2) No member shall serve more than 2 consecutive full terms.

(1) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(2) Have actively practiced in New Hampshire for at least one year immediately preceding appointment to the advisory board.

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Plc 903.02 Advisory Board Officers. Annually, at the first meeting of the calendar year, the duly-appointed advisory board members shall elect, from among the advisory board members, a chair and a vice chair.

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Plc 903.03 Advisory Board Address and Contact Information.

(a) The advisory board’s offices shall be at the offices of the OPLC, located as provided in Plc 103.03.

(b) All correspondence with the advisory board shall be addressed as specified in Plc 103.03(d).

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Plc 903.04 Meetings and Records of Advisory Board.

(a) The advisory board shall meet at the call of the advisory board chair or the executive director.

(b) Meetings of the advisory board shall be held at the OPLC’s offices in Concord, NH, or in such location as the executive director determines will be most convenient for the largest number of anticipated attendees.

(d) Records of the advisory board shall be maintained by the executive director as required by RSA 91-A.

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Plc 903.05 Responsibilities of Advisory Board.

(a) The advisory board shall have the responsibilities listed in RSA 328-B:5.

(b) If requested by the executive director based on a determination that the expertise of the advisory board members is needed, one or more members of the advisory board shall sit as part of a panel for an adjudicative hearing conducted pursuant to the applicable provisions of Plc 200 and RSA 541-A.

(c) If requested by the executive director based on a determination that the expertise of the advisory board members is needed, one or more members of the advisory board shall assist with an investigation commenced pursuant to Plc 204 relative to complaints and investigations.

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PART Plc 904 INITIAL LICENSURE AS A MASSAGE THERAPIST

Plc 904.01 Qualifications for Initial Licensure as a Massage Therapist. To qualify for initial licensure as a massage therapist, an individual shall:

(a) Meet the educational requirements described in Plc 904.02; and

(b) Pass one of the examinations identified in Plc 904.05.

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Plc 904.02 Educational Requirements for Initial Licensure as a Massage Therapist. The minimum educational qualifications for licensure as a massage therapist shall be completion of a course of study at a qualifying massage therapy school as described in Plc 904.03.

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Plc 904.03 Qualifying Massage Therapy Schools.

(a) A qualifying massage therapy school shall:

(1) Be authorized to conduct business as a massage therapy school under all applicable laws of the jurisdiction in which the school is located;

(2) Keep all records of practical hours described in Plc 904.04 on file for not less than 3 years after the student’s completion of the massage therapy program, either as originals or copies stored electronically;

(3) Make all school logs as described in Plc 904.04(c) available and subject to inspection by the OPLC and the advisory board for massage therapists and the post-secondary education agency in the jurisdiction in which the school is located; and

(4) Subject to (b), below, be accredited by:

a. The Commission on Massage Therapy Accreditation (COMTA);

b. The Accrediting Bureau of Health Education Schools (ABHES); or

c. The Accrediting Council for Continuing Education and Training (ACCET).

(b) A qualifying massage therapy school that is not accredited as required by (a)(4), above, shall require study for at least 725 hours over a period of not less than 6.5 months of the following topics for not less than the stated number of hours:

(1) Anatomy and physiology, 150 hours;

(2) History, theory, practice, benefits, and contraindications of massage therapy, related modalities, and adjunct therapies within the scope of practice of a massage therapist, including but not limited to Swedish massage and hydrotherapy, 375 hours;

(3) Hygiene and sanitary practices, including blood-borne pathogen standards and adult CPR and first aid, 50 hours;

(4) Health service management, business practices, and ethics of massage, 50 hours; and

(5) Not less than 100 practical hours that are verifiably documented in accordance with Plc 904.04.

(c) The program offered by a qualifying massage therapy school may include one or more courses offered via the Internet as distance learning, provided that:

(1) The distance learning courses are not palpation dependent, hands-on courses;

(2) All palpation dependent, hands-on courses are taken in person at the qualifying massage school;

(3) Specific learning goals for each course are posted online;

(4) All distance learning courses provide students with on-going access to interaction between faculty and students through use of online communications tools that include:

a. Online discussion board;

b. Virtual classroom;

c. Responsive email; and

d. Live chat;

(5) Each course includes a weekly scheduled time for students to communicate live with the course instructor;

(6) Each course provides timely and reliable feedback to students; and

(7) Each distance learning course includes the use of an online gradebook to allow students to monitor their progress throughout the course that is updated within 10 working days after each activity that affects a student’s grade.

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Plc 904.04 Verifiably Documented Practical Hours. The practical hours required by Plc 904.03(b)(5) shall be verifiably documented with the following:

(a) Client information forms completed for each client, that shall include at least:

(1) The client’s name, address, and telephone number; and

(2) The client’s dated signature;

(b) Client notes, that shall include at least:

(1) The student therapist’s name;

(2) The client’s name;

(3) The date of the session;

(4) The duration of the session; and

(5) Session notes, namely notes that serve the primary purpose of reminding the practitioner of key details about a client’s condition or treatment; and

(1) Student’s name;

(2) Client’s name, address, and telephone number;

(3) Date of the session;

(4) Duration of the session; and

(5) Signature of the school representative, at the completion of the program, verifying that all client information forms and client notes required by (a) and (b), above, have been reviewed, are complete, and have been accepted by a faculty member or other authorized school official.

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Plc 904.05 Written Examination for Initial Licensure as a Massage Therapist. Prior to applying for licensure, applicants for initial licensure as a massage therapist shall pass:

(a) The “Massage and Bodywork Licensure Examination” (MBLEx) offered by the Federation of State Massage Therapy Boards (FSMTB); or

(b) Any other written certifying examination recognized by at least one third of the states that require the licensure of massages therapists in order to practice therapeutic massage.

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Plc 904.06 Application for Initial Massage Therapist License. Any individual who meets the qualifications for licensure stated in Plc 904.01 who wishes to engage in the practice of massage therapy in New Hampshire shall apply by complying with Plc 304.01, subject to the following:

(a) On or with the profession-specific supplement required by Plc 304.01(a)(3), the applicant shall provide the documentation required by Plc 904.07;

(b) No criminal background check shall be required; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.24, provided that an applicant who is active military or a military spouse shall not pay the fee.

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Plc 904.07 Documentation Required for Initial License Application. In addition to the documentation required by Plc 304.04, the applicant for an initial license to practice massage therapy shall provide the following documentation:

(a) An official copy of the diploma or certificate received from the qualifying massage therapy school;

(b) Documentation of passing the written exam required by Plc 904.05 and, if not the MBLEx, proof that the examination meets the criterion in Plc 904.05(b);

(c) As required by RSA 328-B:6, I(d), a statement verifying that the applicant is in good mental and physical health, meaning physically and mentally capable of performing massage therapy, or an explanation of the circumstances that prevent the applicant from so verifying; and

(d) As required by RSA 328-B:6, I(c), a statement that the applicant has not been convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime, in New Hampshire or any other jurisdiction, or an explanation of each conviction including the jurisdiction, date, crime, sentence imposed, and any rehabilitative action(s) the applicant has taken subsequent to being charged with the crime.

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Plc 904.08 Processing of Applications for Initial Licensure; Decisions.

(a) Within 30 days of receipt of an application for initial licensure submitted pursuant to Plc 904.06, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(c) After determining that an application is complete, the licensing bureau shall review the application in accordance with Plc 304.08.

(d) The licensing bureau shall make a decision and notify the applicant in accordance with Plc 304.09, subject to (e), below.

(e) The licensing bureau shall approve an application for initial licensure and issue a license to practice massage therapy if the applicant:

(1) Has submitted an application that meets the requirements of Plc 904.06;

(2) Meets the qualifications for granting a license specified in Plc 904.01; and

(3) Has not answered “yes” to any of the background and character questions in Plc 304.03(e) or has provided an explanation of each “yes” answer pursuant to Plc 304.04 demonstrating that similar circumstances are not likely to arise in New Hampshire.

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Plc 904.09 Initial Licenses: Issuance and Duration.

(a) The OPLC shall issue initial licenses in accordance with Plc 304.11.

(b) Initial licenses shall be valid as provided in Plc 304.12.

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Plc 904.10 Challenging a Denial of Initial Licensure; Challenging License Conditions. An applicant who wishes to challenge the denial of an application for initial licensure or who wishes to challenge conditions included in the license shall do so as provided in Plc 304.10.

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PART Plc 905 TEMPORARY LICENSE

Plc 905.01 Temporary Licensure as a Massage Therapist. As provided in RSA 328-B:5-a, the executive director shall issue a temporary license to any person who has attended a massage therapy program in another state who does not currently meet the requirements for licensure, subject to the conditions specified therein, namely that the applicant:

(a) Is at least 21 years old on the date of the application;

(b) Meets the requirements of RSA 328-B:6, I(a), relative to submitting the application and fee, and (c), relative to not having been convicted in New Hampshire or in any other state of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime;

(d) Provides documentation of practicing as a massage therapist in another state for at least one year.

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Plc 905.02 Duration of Temporary Massage Therapist License.

(a) As provided in RSA 328-B:5-a, II, temporary licenses shall be valid for one year from the date of issue, to allow the temporary licensee to complete any additional educational or examination requirements for an initial license.

(b) As provided in RSA 328-B:5-a, III, temporary licenses shall not be renewed.

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PART Plc 906 LICENSEE OBLIGATIONS; CONTINUING EDUCATION

Plc 906.01 Licensee Obligations for Notifications and Updates. Each licensee shall comply with Plc 307.02 relative to required notifications, updates of contact information, and providing information on how complaints can be filed.

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Plc 906.02 Licensee Obligations for Posting and Advertising.

(a) Each licensee shall have a copy of the licensee’s massage therapist license available for inspection upon request of a client, potential client, employer, potential employer, or inspector.

(b) Each licensee shall ensure that the licensee’s license number is included with the licensee’s name in:

(1) Any display advertising, such as phone book, newspaper, or website advertising that identifies one or more specific licensees; and

(2) On all business cards and pamphlets or other informational or educational material provided to clients or the public that identify one or more specific licensees.

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Plc 906.03 Licensee Responsibilities for Renewal. Each licensee shall:

(a) Know when the licensee’s license is due to expire; and

(b) Except for holders of a temporary license, file an application for renewal prior to the expiration of the current license in accordance with Plc 907.04 if the licensee wishes to continue to practice in New Hampshire.

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Plc 906.04 Additional Licensee Obligations. Each individual to whom these standards apply shall:

(a) Comply with RSA 328-B, Plc 300, and Plc 900;

(b) Comply with any disciplinary or remedial orders issued by the executive director within the time period specified;

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with inspections and with lawful investigations by the OPLC;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-client relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by a client or colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

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Plc 906.05 Continuing Education Required. Each licensee shall complete 12 hours of continuing education during each licensing period, as required by RSA 328-B:4, VII(j).

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Plc 906.06 Qualifying Continuing Education. To qualify towards meeting the required hours, any continuing education program, whether presented as a live course, program, workshop, or seminar or as a self-study program, shall:

(a) Be sponsored by:

(1) A professional association that specializes in massage therapy education; or

(2) A post-secondary institution;

(b) Be instructed by a provider who has been approved by:

(1) The National Certification Board for Therapeutic Massage and Bodywork; or

(2) The Federation of State Massage Therapy Boards;

(d) Cover one or more of the following topics at a level above that required to prepare for initial licensure:

(1) Anatomy;

(2) Physiology;

(3) Massage theory;

(4) Massage techniques;

(5) Benefits and contraindications of massage;

(6) Kinesiology;

(7) Hydrotherapy;

(8) Joint movement;

(9) Allied bodyworker techniques;

(10) Communicable disease control;

(11) Hygiene or sanitary practices, which may include adult CPR certification and first aid certification;

(12) Ethical or legal aspects of massage practice; or

(13) Management, administration, or supervision of a business practice, which:

a. Relates directly to the operation of a massage therapy business;

b. Does not include instruction on computer skills; and

c. Is limited to 3 hours per licensing period.

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Plc 906.07 Acceptable Continuing Education Formats; Documentation. Allowable formats and the documentation required for each format shall be as follows:

(a) Courses, programs, workshops, and seminars offered as live programming, for which documentation shall be a document issued to the licensee by the course provider or sponsor, such as a certificate of completion, that shows:

(1) The licensee’s name;

(2) The name and location of the course, program, workshop, or seminar;

(3) The name of the provider or sponsoring entity;

(4) The beginning and ending date(s) of the course or program;

(5) The name of each speaker or instructor;

(6) The number of hours credited by the provider or sponsoring entity; and

(7) The printed name and signature or other official insignia of the speaker, instructor, or representative of the provider or sponsoring entity;

(b) Self-study programs using books, audio, video, or computer programs that require passing a written examination, for which documentation shall be the printed or electronic notification from the sponsor or provider that the licensee passed the examination;

(c) Teaching massage therapy, on an hour per hour basis to a maximum of 6 hours per license term, for which documentation shall be the course roster showing:

(1) The date(s) the course was given;

(2) Total number of hours of the course;

(3) The name of each student participant;

(4) The name of the sponsoring organization; and

(5) The instructor’s printed name and signature;

(d) Publication of books or peer-reviewed articles, for 6 hours per book or peer-reviewed article per license term, for which documentation shall be any item showing:

(1) The title of the writing;

(2) Whether the licensee was the sole author or a co-author;

(3) The date of publication; and

(4) For articles, documentation that the writing was peer-reviewed; and

(e) Publication of non-peer reviewed articles, for 3 hours per article per license term, for which documentation shall be any item showing:

(1) The title of the writing;

(2) Whether the licensee was the sole author or a co-author; and

(3) The date of publication.

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Plc 906.08 Documentation Requirements; Audits. Licensees shall maintain records of continuing education in accordance with Plc 308.04, and shall be subject to the audit provisions in that section.

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PART Plc 907 MASSAGE THERAPY LICENSE RENEWAL

Plc 907.01 Notification of Pending License Expiration. The licensing bureau shall notify each licensee of the pending expiration of the licensee’s license in accordance with Plc 308.03.

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Plc 907.02 Expired Licenses.

(a) If an application for renewal is received after the expiration date of the license, the license shall be expired.

(b) A massage therapist whose license has expired shall not practice massage therapy in New Hampshire unless:

(1) The license is reinstated in accordance with Plc 312, if within one year of expiration; or

(2) A new license is applied for and received, if the expired license has lapsed.

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Plc 907.03 Qualifications for Massage Therapist License Renewal. Any licensee seeking to renew a massage therapist license shall:

(a) Have obtained the hours of continuing education required by Plc 906.05;

(b) Not have been determined through an adjudicative process of having violated RSA 328-B, Plc 900, or the licensure requirements of any other jurisdiction in which the licensee is currently licensed, or any combination thereof;

(c) Have not answered “yes” to any of the background and character questions in Plc 308.06(e) or have provided an explanation of each “yes” answer pursuant to Plc 304.04 demonstrating that similar circumstances are not likely to arise in New Hampshire; and

(d) Meet the eligibility for renewal criteria specified in Plc 308.02.

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Plc 907.04 Renewal Application for Massage Therapists. A licensee who wishes to maintain licensure in New Hampshire shall apply for renewal by complying with Plc 308.05, subject to the following:

(a) On or with the profession-specific supplement required by Plc 308.05(b)(2), the applicant shall provide the information and attestation required by Plc 907.05; and

(b) The fee shall be the application processing and licensing fee for renewal specified in Plc 1002.24, provided that an applicant who is active military or a military spouse shall not pay the application and licensing fee.

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Plc 907.05 Information and Attestation Relative to Continuing Education.

(a) An applicant for renewal shall provide the following information relative to continuing education:

(1) The total number of hours achieved by the applicant in continuing education courses or other activities since the beginning of the current license term; and

(2) The following information for each continuing education course and activity for which credit is claimed:

a. The name of the course or activity;

b. The beginning and ending date(s) of the course or activity;

c. The name of the sponsor or provider of the course or activity; and

d. The total number of hours attributable to the course or activity.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing education requirements.

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

Plc 907.06 Processing of Renewal Applications; Decisions.

(a) Within 30 days of receipt of an application submitted pursuant to Plc 907.04, the licensing bureau shall process the application as provided in Plc 308.09.

(b) The application shall be subject to the abandonment and withdrawal provisions of Plc 308.10.

(c) The licensing bureau shall review complete applications and notify the applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.

(d) The licensing bureau shall issue a renewal license if the applicant:

(1) Has submitted a renewal application in accordance with Plc 907.04; and

(2) Meets the eligibility criteria specified in Plc 907.03 and Plc 308.02.

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

Plc 907.07 Renewal Licenses: Issuance and Duration.

(a) The OPLC shall issue massage therapist renewal licenses in accordance with Plc 308.13(a).

(b) Renewal licenses shall be valid as provided in Plc 308.13(b).

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

Plc 907.08 Challenging a Denial of License Renewal; Challenging License Conditions. An applicant who wishes to challenge the denial of an application for license renewal or who wishes to challenge conditions included in the license shall do so in accordance with Plc 308.12.

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

PART Plc 908 DISCIPLINARY ACTIONS; REVOCATION AND DENIAL; REINSTATEMENT

Plc 908.01 Disciplinary Actions. All disciplinary actions shall be conducted in accordance with RSA 310:10, RSA 310:12, Plc 310, and Plc 311.

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

Plc 908.02 Revocation and Denial.

(a) All revocations and denials shall be undertaken in accordance with Plc 311.

(b) The executive director shall initiate an adjudicative hearing to revoke a license in accordance with Plc 200 if the licensee:

(1) Has, at any time, been convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime in accordance with RSA 328-B:8, IV;

(2) Has given false information relative to continuing education on any renewal application;

(3) Fails to comply with the conditions for the removal of a suspension within 90 days of the suspension taking effect; or

(4) Has committed an offense as defined in Plc 902.15 with a client.

(c) An individual whose massage therapy license has been revoked or whose application for license renewal has been denied based on committing a single offense as defined in Plc 902.15 shall not be eligible to reapply for a massage therapist license for 2 years from the date the revocation or denial became final.

(d) An individual whose massage therapy license was reinstated after being revoked based on committing an offense as defined in Plc 902.15 who is found, after an adjudicative proceeding, to have committed one or more additional offenses shall not be eligible to apply for licensure for 10 years.

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

Plc 908.03 Reinstatement. Any individual whose license has been revoked or whose application for license renewal was denied pursuant to Plc 908.02 who wishes to have the license reinstated shall do so in accordance with Plc 312.

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

Plc 908.04 Administrative Fines. Administrative fines shall be imposed under Plc 311 based on the following schedule, to a maximum of $3,000 per violation:

(a) For submitting false or fraudulent information on or with the application, the fine shall be $500;

(b) For falsification of a license to practice massage therapy, the fine shall be $3,000;

(d) For advertising as a licensed massage therapist without having a license, the fine shall be $500 for each publication of the advertisement;

(e) For willfully failing or refusing to cooperate during an investigation, the fine shall be $750 for each failure or refusal;

(f) For committing an “offense” as defined in Plc 902.15, the fine shall be $1,500 for the first offense; and

(g) For committing an “offense” as defined in Plc 902.15, the fine shall be $3,000 for each offense after the first offense.

Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

Appendix A: State Statutes Implemented

Proposed Rule	State Statute(s) Implemented
Plc 901	RSA 328-B:1
Plc 902	RSA 328-B:2
Plc 903	RSA 328-B:4, VI; RSA 328-B:5; RSA 541-A:16, I(a)
Plc 904.01	RSA 328-B:4, VII(b), (c); RSA 328-B:6, I
Plc 904.02 - Plc 904.05	RSA 328-B:4, VII(c)
Plc 904.06 and Plc 904.07	RSA 310:4, II(c); RSA 328-B:4, VII(b)
Plc 904.08 - Plc 904.10	RSA 310:4, II(c)
Plc 905	RSA 328-B:6, III
Plc 906	RSA 328-B:4, VII(h); RSA 328-B:5-a
Plc 907	RSA 310:4, II(c); RSA 328-B:4, VII(j)
Plc 908.01	RSA 310:4, II(c)
Plc 908.02	RSA 328-B:3; RSA 328-B:4, VII(c), (e)
Plc 908.03	RSA 310:4, II(c); RSA 310:8; RSA 328-B:4, VII(e)
Plc 908.04 - Plc 908.08	RSA 310:4, II(c); RSA 328-B:4, VII(e)
Plc 909.01 - Plc 909.03	RSA 310:10; RSA 310:12; RSA 328-B:4, VII(i); RSA 328-B:8
Plc 909.04	RSA 310:12; RSA 328-B:4, VII(k); RSA 328-B:11-a

Appendix B: Statutory Provisions

328-B:2 Definitions. – In this chapter:

I. “Applicant” means a person who has submitted to the executive director an application for a license pursuant to this chapter.

II. “Advisory board” means the advisory board of massage therapists.

III. “Compensation” means the receipt of:

(a) Money, goods, services, or other things of value; or

(b) A promise to deliver money, goods, services, or other things of value.

IV. “Executive director” means the executive director of the office of professional licensure and certification.

V. “Licensee” means a person to whom a license has been issued pursuant to this chapter.

VI. “Massage” means the application of a system of structured touch which includes holding, pressure, positioning, or causing movement, by manual means, for the purpose of promoting, maintaining, and restoring the health and well-being of the client. Massage is designed to promote general relaxation, improve movement, relieve somatic and muscular pain or dysfunction, stress and muscle tension, and provide for general health enhancement, personal growth, and the organization, balance, and integration of the body.

VII. [Repealed.]

VIII. “Massage therapist” means a licensed individual who performs massage for compensation. Titles used may include: massage therapist, massage practitioner, bodywork practitioner, bodyworker, muscle therapist, massotherapist, or somatic therapist practitioner. A massage therapist uses visual, kinesthetic, and palpatory skills to assess the body, and may evaluate the client’s condition to the extent of determining whether massage is indicated or contraindicated.

Source. 1990, 12:1. 1995, 310:159, 183. 1996, 47:2-4, 12, I. 2009, 64:2. 2015, 276:102, eff. July 1, 2015. 2017, 144:12, eff. Aug. 15, 2017.

328-B:10 Exemptions; Application of Chapter. –

I. Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law, or any person employed by such a licensee as an assistant, from performing the occupation for which he or she is licensed.

II. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses touch, words, and directed movement to deepen awareness of existing patterns of movement as well as to suggest new possibilities of movement, while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, the Alexander technique, and body-mind centering.

III. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses energy or superficial touch to affect the energy systems of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to, polarity therapy, therapeutic touch, Bowen therapy, and reiki.

Source. 1990, 12:1. 1995, 310:183. 2009, 64:12. 2016, 137:1, eff. May 27, 2016.