Annotated Code
§6-101
(a) In this title the following words have the meanings indicated.
This title (Title 6) uses the following terms with specific meanings.
(b) “Board” means the State Board of Massage Therapy Examiners.
The “Board” always refers to the MBMTE.
(c) “Health care setting” means:
(1) The office of a health care provider regulated under this article; or
(2) A health care facility as defined in §19–114 of the Health – General Article.
A “health care setting” includes any office of a health care provider regulated under “this article”. “This article” refers to the Health Occupations Article of the Annotated code, so includes any health care provider regulated under the Health Department broadly.
A “health care setting” also includes any of the health care facilities defined in Title 19 of the Health - General Article, Section 114, which is quoted and annotated below.
(d) “License” means, unless the context requires otherwise, a license issued by the Board to practice massage therapy.
In this Title, when the word “license” is used, it refers to a massage therapy license, unless the context clearly indicates differently.
(e) “Licensed massage therapist” means an individual who is licensed by the Board to practice massage therapy.
”Licensed massage therapist” means LMT or RMP.
(f)
(1) “Practice massage therapy” means the professional use of manual techniques on soft tissues of the human body for compensation including stroking, kneading, tapping, stretching, compression, vibration, and friction, with or without the aid of heat limited to hot packs and heating pads, cold water, or nonlegend topical applications, for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well–being.
This section defines the techniques that fall under “massage therapy”. As defined, massage therapy is any touch on the soft tissues that includes: stroking, kneading, tapping, stretching, compression, vibration, and friction. It may or may not include the use of heat and cold. It may or may not include the use of non-prescription topicals. These techniques are used for the purposes of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or generally promoting health and well-being.(2) “Practice massage therapy” includes:
”Practice massage therapy” also includes…(i) Hands–on application, consisting of pressure or movement on an individual, to specifically affect the electromagnetic energy or energetic field of the human body if this practice includes use of the manual techniques set forth in paragraph (1) of this subsection; and
…hands-on techniques that include pressure or movement on the body, even if those techniques are meant to affect the electromagnetic or energy fields of the human body. In other words, someone cannot do massage techniques and call them “energy work” to avoid regulation by the MBMTE.(ii) Subject to additional education and training requirements as determined by the Board in regulations, instrument–assisted soft tissue manipulation techniques that enhance or imitate manual techniques, including:
1. Muscle scraping; and
2. Vibration therapy.
…and instrument-assisted soft tissue manipulation. The use of instruments in therapy does require additional education and training that the Board determines.
(3) “Practice massage therapy” does not include:
(i) The diagnosis of illness, disease, or injury;
Massage therapists may not diagnose illness, disease, or injuries.(ii) The adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the human body or spine; or
Massage therapists may not use their techniques to adjust bones and joints. In other words, LMTs may not practice chiropractic.(iii) Except as provided in paragraph (2) of this subsection, the laying on of hands, consisting of pressure or movement on an individual who is fully clothed, except for footwear, to specifically affect the electromagnetic energy or energetic field of the human body.
“Energy work” is not included in massage therapy, as long as the individual is fully clothed (except shoes). The contact may include pressure or movement, if it is for the purpose of affecting the electromagnetic or energy fields.
(4) The provisions of paragraph (3) of this subsection do not preclude the application of the modalities described in paragraph (1) of this subsection to an individual who has an injury.
Paragraph 3 above does not prevent massage therapists from practicing massage therapy on an individual with an injury.
(g) “Registered massage practitioner” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.
”Registered massage practitioner” means an RMP, and RMPs may not practice in a health care setting (as defined above).
(h) “Registration” means, unless the context requires otherwise, a registration issued by the Board to practice massage therapy in a setting that is not a health care setting.
In this Title, the word “Registration” means the registration (license) of an RMP, unless the context clearly indicates differently.
(i) “Supervised hands–on techniques” means massage techniques that are performed under the direct, in–person supervision of a qualified licensed instructor who is on–site in:
(1) A classroom;
(2) A laboratory;
(3) A school clinic; or
(4) A health care setting.
“Supervised hands-on-techniques” includes practice that is directly, in-person observed by a qualified and licensed instructor, and it must take place on-site of a classroom, laboratory, school clinic, or health care setting.
§6-102
Except as specifically provided in this title, this title does not limit the right of an individual to practice or advertise an occupation that the individual otherwise is authorized to practice under this article.
Massage therapists may advertise and practice other occupations that they are licensed to practice, unless it is specifically excluded in this Title. For example, even though this Title prevents massage therapists from practicing chiropractic — if an LMT is also licensed to practice chiropractic, they may practice both.
§19-114
Here I’ve provided an excerpt of the Health - General Article SS19-114 referred from above, defining “health care setting”.
(a) In this Part II of this subtitle the following words have the meanings indicated.
. . .
(d)
(1) “Health care facility” means:
(i) A hospital, as defined in § 19–301 of this title;
(ii) A limited service hospital, as defined in § 19–301 of this title;
(iii) A related institution, as defined in § 19–301 of this title;
(iv) An ambulatory surgical facility;
(v) An inpatient facility that is organized primarily to help in the rehabilitation of disabled individuals, through an integrated program of medical and other services provided under competent professional supervision;
(vi) A home health agency, as defined in § 19–401 of this title;
(vii) A hospice, as defined in § 19–901 of this title;
(viii) A freestanding medical facility, as defined in § 19–3A–01 of this title; and
(ix) Any other health institution, service, or program for which this Part II of this subtitle requires a certificate of need.
(2) “Health care facility” does not include:
(i) A hospital or related institution that is operated, or is listed and certified, by the First Church of Christ Scientist, Boston, Massachusetts;
(ii) For the purpose of providing an exception to the requirement for a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care constructed by a provider of continuing care, as defined in § 10–401 of the Human Services Article, if:
1. Except as provided under § 19–123 of this subtitle, the facility is for the exclusive use of the provider’s subscribers who have executed continuing care agreements, including continuing care at home agreements, and paid entrance fees that are at least equal to the lowest entrance fee charged for an independent living unit, an assisted living unit, or a continuing care at home agreement before entering the continuing care community, regardless of the level of care needed by the subscribers at the time of admission;
2. The facility is located on the campus of the continuing care community; and
3. The number of comprehensive care nursing beds in the community does not exceed:
A. 24 percent of the number of independent living units in a community having less than 300 independent living units; or
B. 20 percent of the number of independent living units in a community having 300 or more independent living units;
(iii) For the purpose of providing an exception to the requirement for a certificate of need under § 19–120 of this subtitle, a facility to provide comprehensive care that:
1. Is owned and operated by the Maryland Department of Veterans and Military Families; and
2. Restricts admissions to individuals who meet the residency requirements established by the Maryland Department of Veterans and Military Families and are:
A. Veterans who were discharged or released from the armed forces of the United States under honorable conditions;
B. Former members of a reserve component of the armed forces of the United States; or
C. Nonveteran spouses of eligible veterans;
(iv) Except for a facility to provide kidney transplant services or programs, a kidney disease treatment facility, as defined by rule or regulation of the United States Department of Health and Human Services;
(v) Except for kidney transplant services or programs, the kidney disease treatment stations and services provided by or on behalf of a hospital or related institution; or
(vi) The office of one or more individuals licensed to practice dentistry under Title 4 of the Health Occupations Article, for the purposes of practicing dentistry.
(e) “Health care practitioner” means any individual who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services.
. . .