West Virginia Code of State Rules Agency 194 - Massage Therapy Licensure Board
Here’s a comprehensive overview of West Virginia Code of State Rules, Agency 194 – Massage Therapy Licensure Board:
📘 194‑01 General Provisions
Defines the Board’s composition: 5 members (3 LMTs, 1 osteopathic/chiropractor, 1 layperson), appointed for two-year terms, no term limits. §30‑37‑2(c) defines massage therapy broadly (wvlegislature.gov).
Licensees must be familiar with state statutes/rules governing massage therapy; violations or misconduct can trigger disciplinary action (law.cornell.edu).
194‑01‑03 Requirements for Licensure
Initial License must include:
Graduation from ≥625‑hour accredited massage program.
Passing NCBTMB (pre‑Feb 1, 2015) or MBLEx as applicable.
Application forms, transcripts, proof of exam, and fees per 194‑04 (law.cornell.edu, apps.sos.wv.gov).
Renewal (biennial):
Fee + 24 CEUs (or 25 per older rules) from approved providers (NCBTMB, FSMTB, AMTA, ABMP) (law.cornell.edu).
Lapsed License: Name removed from register after 30 days past expiration (with notice); reinstatement requires in‑person Board appearance, fees, possible re‑meeting education/licensure requirements (law.cornell.edu).
Reciprocity: Out-of-state LMTs may receive WV license if submitting application, current license, disciplinary records, CEUs, and current national certificate (law.cornell.edu).
Board audits CEU records and credentials; license must be displayed in primary (and duplicate for secondary) employment locations. Inspections are permitted (law.cornell.edu).
194‑01‑04 Standards of Practice & Professional Misconduct
Sanitation & Setting: Proper lighting, ventilation, cleanliness; hand‑washing before/after each session; laundering linens; safe/swift equipment and handling (law.cornell.edu).
Client Respect and Privacy:
Use proper draping, obtain informed consent (especially for sensitive areas such as breast massage with medical directive), maintain confidentiality, and only treat within professional scope (law.cornell.edu).
Prohibited Conduct:
No sexual activity or genital contact; no impaired practice; no delegating to unqualified staff; no false records or reporting; no impersonation; must report unsafe practices to Board/legal authorities (law.cornell.edu).
Ethical Standards: Sign and abide by NCBTMB code of ethics and practice standards (wvlegislature.gov).
194‑03 Disciplinary & Complaint Procedures
Complaints can be filed by anyone (including anonymously if sufficient detail), must include therapist identity, date, follow-up care, and facility (regulations.justia.com).
Complaints must allege serious misconduct: felony, negligence, or willful departure from standards (§30‑37‑8 or Board rules) (regulations.justia.com).
Complainants enjoy immunity unless acting maliciously. The Board logs and maintains complaint files with assigned numbers (regulations.justia.com).
Board must acknowledge receipt (review, referral, or request for more info). Licensees/applicants have 30 days to respond. Investigations conducted and parties updated, including informal conferences if needed .
Board may issue subpoenas. Dismissal of complaints requires documented rationale; all parties notified in writing (regulations.justia.com).
194‑04 Schedule of Fees
As of July 1, 2014:
Initial application/license fee: $300–350; renewal: ~$200 biennially (legis.state.wv.us, wvlegislature.gov).
Duplicate/reinstatement fees applicable.
194‑07 Establishment Licensure (Massage Business)
All massage businesses in WV must apply for a Board-issued establishment license by October 1, 2023 using Board-prescribed forms (wvlegislature.gov, apps.sos.wv.gov).
🧾 Summary Table
| Topic | Highlights |
|---|---|
| Board Composition | 5 appointed members, terms, definitions |
| License Requirements | 625+ hr program; exam; CEUs; fees; renewal; display; inspections |
| Practice Standards | Sanitation, draping, consent, ethical code, no sexual misconduct |
| Complaints Process | Filing, logging, investigation, hearings, subpoenas, dismissal |
| Fees | ~$300–350 initial; ~$200 renewal; duplicate/reinstatement possible |
| Business License | Required for establishments since Oct 2023 |
🛠 Where to Find Full Text
You can review the full legislative rules on the WV Secretary of State’s Administrative Law website, especially CSR 194‑01 through 194‑07. For example:
CSR 194‑01‑04 (practice standards) (law.cornell.edu, law.cornell.edu, apps.sos.wv.gov)
CSR 194‑01‑03 (licensing requirements)
CSR 194‑03‑05 (complaint handling)
CSR 194‑04 (fees)
CSR 194‑07 (establishment license) (apps.sos.wv.gov)
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