Tenn. Comp. R. & Regs. 0870-01-.12 - CONTINUING EDUCATION

(1) All massage therapist licensees must complete twenty four (24) hours of continuing education every two (2) calendar years, as a prerequisite to licensure renewal. The first two year cycle for continuing education ran from January 1, 2003 to December 31, 2004 and shall continue on two year cycles thereafter.

(a) Continuing education credit shall only be awarded for those courses which are approved by the Board pursuant to paragraph (5) of this Rule. The Board approves courses for only the number of hours contained in the course. The approved hours of any individual course will not be counted more than once toward the twenty-four (24) hour requirement of any two-year cycle, regardless of the number of times the course is attended or completed by any licensee.

(b) Two (2) of the twenty-four (24) hours requirement shall pertain to Tennessee statutes and rules concerning massage therapists and establishments. The two (2) hour courses must be approved by the Board.

(c) Two (2) of the twenty-four (24) hours requirement shall pertain to the management of practicing massage therapy, professional ethics or substance abuse.

(d) A maximum of eight (8) of the twenty-four (24) hours requirement may be completed in any of the following multi-media formats:

1. The internet;

2. Closed circuit television;

3. Satellite broadcasts;

4. Correspondence courses;

5. Videotapes;

6. CD-ROM;

7. DVD;

8. Teleconferencing;

9. Videoconferencing; or

10. Distance Learning.

(e) The maximum of eight (8) hours earned in multi-media formats per continuing education cycle shall apply regardless of whether the hours are earned to comply with the current cycle, as makeup hours for a prior cycle, or for any other reason.

(f) A licensee whose massage therapist license was retired for a portion of the two-year cycle is required to obtain a total of one (1) hour of continuing education for each month the license was active, except that the licensee must obtain at least four (4) hours: two (2) hours pertaining to Tennessee statutes and rules as specified in 0870-01-.12(1)(b) and two (2) hours pertaining to management of practicing massage therapy, professional ethics or substance abuse as specified in 0870-01-.12(1)(c).

(2) Initial massage therapist licensees shall have their required continuing education hours pro- rated over the remaining months of the two (2) year cycle in which they become licensed according to the following chart.

First Year of the Cycle		Second Year of the Cycle
Month Licensed	Hours Required	Month Licensed	Hours Required
January	24	January	13
February	24	February	12
March	23	March	11
April	22	April	10
May	21	May	9
June	20	June	8
July	19	July	7
August	18	August	6
September	17	September	5
October	16	October	4
November	15	November	4
December	14	December	4

(3) Massage establishment owners and responsible persons who are not licensed massage therapists must complete an approved two (2) hour continuing education course pertaining to Tennessee statutes and rules concerning massage therapists and establishments every two year cycle.

(4) Continuing Education - Proof of Compliance

(a) Each massage therapist must, on the biennial licensure renewal form, attest to timely attendance and completion of the required continuing education hours during the preceding cycle.

(b) Each Massage therapist must retain independent documentation of attendance and completion of all continuing education courses. This documentation must be retained for a period of four (4) years from the end of the cycle in which the continuing education was acquired. This documentation must be produced for inspection and verification, if requested in writing by the Board during its verification process. Acceptable documentation verifying the licensee's completion of the continuing education program(s) may consist of either a certificate or an original letter on official stationery from the program's sponsor, indicating the program title, date and length in hours, along with the licensee's name and license number.

(5) Continuing Education - Course Approval

(a) Providers of courses to be offered for credit toward the required continuing education hours must, unless otherwise provided, receive approval from the Board. Approval once granted, regardless of whether approval is pursuant to subparagraph (b) or (c) of this paragraph, is effective only during the continuing education cycle (as identified in paragraph (2)) during which approval was granted. Grant of approval of any course prior to January 31, 2012 will expire December 31, 2012. After that all courses/hours provided for credit toward meeting the requirements of this rule must be approved either pursuant to part (b)1. or subparagraph (c) of this paragraph in every continuing education cycle they are offered.

(b) The following sponsors or courses need not receive prior approval and shall constitute Board approved continuing education courses:

1. Associations, corporations, or organizations authorized as a provider by the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) or the Federation of State Massage Therapy Boards (FSMTB). Provided however, any provider approved by any organization identified in this part who intends to include in their course the hours necessary to meet the requirements of subparagraph 0870-01-.12(1)(b) of this rule must nevertheless comply with all of the following before those hours can be presented:

(i) The provider must submit the course materials for those hours for review and approval pursuant to subparagraph (5)(c) of this rule; and

(ii) The course may be presented in a live lecture format or a multi- media format with successful completion of a post-examination; and

(iii) The provider must submit documentation sufficient to show that the information to be disseminated in those hours is accurate and current.

2. American Heart Association course in CPR.

3. American Massage Therapy Association.

4. American Red Cross courses in HIV, CPR, or Standard First Aid.

5. Massage continuing education courses offered by colleges, universities, or massage schools approved by the United States Department of Education, the Tennessee Higher Education Commission or the Tennessee Board of Regents.

6. Formal educational courses relating directly to the theory or clinical application of massage therapy sponsored by an accredited college/university or institution approved by the Tennessee Higher Education Commission, Board of Regents or its equivalent in another state(s). If such course is taken for or assigned quarter or semester credit hours, each semester hour or equivalent quarter hour shall be equivalent to five (5) continuing education hours. No credits will be counted for courses not passed.

7. Tennessee Massage Therapy Association.

8. FSMTB

(c) If a sponsor is unable to obtain or chooses not to obtain approval pursuant to subparagraph (5)(b) of this rule, the sponsor may request Board approval by submitting the following information to the Board Administrative Office at least forty five (45) days prior to the proposed or scheduled date of the course:

1. Copies of any and all materials to be utilized in the course. Sponsors may submit the ISBN number and title of materials with ISBN numbers in lieu of sending the actual materials.

2. Resume or Vita for all instructors that details their experience or training in the subject matter they will teach. Instructors must be licensed massage therapists or demonstrate experience and training that qualifies them to provide continuing education.

3. Written learning objectives as well as a detailed outline of the course.

4. A copy of any student course evaluations, class roster forms, check in sheets and certificates of completion that will be provided at the course.

5. Number of hours of educational credit requested. An hour equals fifty (50) clock minutes of instruction.

6. A prospective approximate start date on which the sponsor intends to begin offering the course.

7. The Board may deny a request to sponsor continuing education if it is determined the sponsor will utilize copyrighted materials without appropriate permission.

8. The Board reserves the right to request additional information if the information provided by the sponsor is deemed inadequate or incomplete.

9. The Board may deny a request to sponsor continuing education if any of the above information is not provided.

(d) Upon prior approval by the Board, individual licensees may receive continuing education credit for courses attended out of state. Prior approval is not necessary for courses already approved pursuant to .12(b) or .12(c). To obtain approval, the individual should submit the following to the Board Administrative Office:

1. The written learning objectives of the course.

2. A course description or outline.

3. Names of all lecturers.

4. Number of hours of educational credit requested.

5. Date of course.

6. Copies of materials to be utilized in the course, upon a Board request.

7. The course provider's contact information.

8. The course provider's pre-printed brochure, agenda or other materials which describe and/or advertise the course.

(e) Continuing Education courses may be presented in any of the following formats:

1. Lecture.

2. Multi-media courses - with successful completion of a written post experience examination to evaluate material retention.

3. Correspondence - with successful completion of a written post experience examination to evaluate material retention.

4. Any combination of the above.

(f) The sponsor of each continuing education program shall keep detailed records of the materials required in subparagraph (c) of this rule and a copy of the attendance record for not less than four (4) years from the date the course was approved.

(g) Approval of any continuing education program may be withdrawn or denied by the Board if the sponsor of such program fails to comply with the provisions of this rule.

(6) Waiver of Continuing Education

(a) The Board may grant a waiver of the need to attend and complete the required hours of continuing education where illness, disability or other undue hardship beyond the control of the licensee prevents a licensee from complying.

(b) Waivers will be considered only on an individual basis and may be requested by submitting the following items to the Board Administrative Office prior to the end of the licensure cycle in which the continuing education is due:

1. A written request for a waiver which specifies what requirement is sought to be waived and the reasons for the request.

2. Any documentation which supports the reason for the waiver requested or which is subsequently requested by the Board.

(c) A waiver approved by the Board is effective for only the renewal period for which the waiver is sought unless otherwise specified in writing by the Board.

(d) The Board Consultant and the designee are authorized to grant or deny requests for waivers subject to subsequent Board ratification.

(7) Continuing Education for Reactivation or Reinstatement of Retired, Expired, or Revoked License.

(a) Any massage therapist who applies for reactivation or reinstatement of a license which has been retired or has expired for over two (2) years, or any individual who applies for a new license after his or her prior license was revoked for failure to complete continuing education requirements, must submit along with the reactivation, reinstatement request, or new license application, proof which indicates the attendance and completion of twenty (20) hours of Board approved massage therapy related continuing education. The continuing education must have been earned in the twelve (12) months preceding application for reactivation or reinstatement. Eight (8) hours of the twenty (20) hour continuing education requirement for reinstatement may be completed in a multi-media format.

(b) A licensee who applies for reactivation or reinstatement will also be required to submit evidence of having completed the continuing education required pursuant to rule 0870-01-.12 during the most recent cycle in which the applicant's license was active.

(c) The continuing education hours required by the provisions of subparagraph (7)(a) of this rule may not be counted toward the continuing education hours required to be obtained before the end of the renewal period of reactivation or reinstatement.

(d) The Board may grant a waiver of the continuing education requirements set out in subparagraph (7)(a) of this rule, as provided in paragraph (6) of this rule.

(8) Violations

(a) Any massage therapist, massage establishment owner, or massage establishment responsible person who fails to obtain the required continuing education hours or who falsely attests to attendance and/or completion of the required hours of continuing education may be subject to disciplinary action pursuant to T.C.A. § 63-18-108.

(b) Education hours obtained as a result of compliance with the terms of any disciplinary action shall not be counted toward the continuing education hours required to be obtained in any renewal period.

Notes

Tenn. Comp. R. & Regs. 0870-01-.12

Original rule filed November 13, 1996; effective January 27, 1997. Amendment filed August 21, 1998; effective November 4, 1998. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed July 31, 2000; effective October 14, 2000. Amendment filed July 25, 2002; effective October 8, 2002. Amendment filed May 20, 2003; effective August 3, 2003. Amendment filed December 16, 2005; effective March 1, 2006. Amendments filed March 24, 2006; effective June 7, 2006. Amendment filed June 16, 2006; effective August 30, 2006. Withdraw of rule 0870-01-.12(4)(b) 1 filed and effective August 15, 2006. Amendment filed February 2, 2007; effective April 18, 2007. Amendment filed May 10, 2007; effective July 24, 2007. Amendment filed April 30, 2008; effective July 14, 2008. Amendment filed April 9, 2009; effective June 23, 2009. Repeal and new rule filed April 9, 2012; effective July 8, 2012. The Government Operations Committee filed a stay of the rules on July 2, 2012; new effective date August 3, 2012. The Government Operations Committee filed a second stay of the rule on July 13, 2012; new effective date September 6, 2012. Amendments filed May 19, 2017; effective 8/17/2017.

Authority: T.C.A. §§ 63-18-111.