West Virginia Code of State Rules Agency 194 - Massage Therapy Licensure Board
The Structure and Scope of Agency 194
Key Rules and Provisions
How These Fit with Statutory Foundations
Notable Case Law Context (conceptual, based on general administrative law, since no specific WV cases are referenced in your prompt)
1. Structure & Purpose of Agency 194
Agency 194 refers to the Massage Therapy Licensure Board in West Virginia.
It organizes its regulatory mandates under Title 194 of the West Virginia Code of State Rules.
It comprises several Series addressing different topics:
194‑01 — General Provisions
194‑03 — Disciplinary & Complaint Procedures
194‑04 — Schedule of Fees (authorized under legislative rule filings)
194‑07 — Establishment Licensure
These rules are promulgated under statutory authority in W. Va. Code § 30‑37‑6, enabling the Board to adopt legislative rules governing massage therapy practice and establishments .
2. Highlighted Rules & Provisions
a) Licensure Requirements (Series 194‑01)
The Board must supply application forms requiring:
Verified education: at least 625 hours of supervised academic training from an approved program (post-February 1, 2015) or previously, programs meeting NCBTMB standards .
Proof of successful completion of the NCBTMB exam (prior to Feb 1, 2015) or its accepted equivalents.
Payment of applicable licensing fees, as detailed in 194 CSR 4 .
Renewals occur every two years and require:
24 continuing education units (CEUs) validated by providers such as NCBTMB, FSMTB, AMTA, ABMP, or other Board-approved entities .
Lapsed Licenses:
If a license lapses more than 30 days past expiration, the Board may remove the licensee from the register.
To reinstate, the applicant must appear before the Board, justify the lapse, pay renewal and reinstatement fees, and may need to meet initial licensure requirements again .
Reciprocal Licenses:
Applicants licensed elsewhere must submit:
Personal info, a copy of their current license.
Disciplinary history in any jurisdiction.
CEU documentation.
NCBTMB certificate if nationally certified .
Recordkeeping & Inspections:
Licensees must keep CEU documentation—detailing title, date, hours, instructor, and verifying contact.
The Board may audit licensees.
Licenses must be publicly displayed at the primary and secondary worksites.
The Board may inspect employment sites .
b) Disciplinary Procedures (Series 194‑03)
Though Section 194‑3‑2 is only labeled as "Application" and its content isn’t fully quoted here, this Series generally directs complaint processes, investigations, hearings, and sanctions for massage therapists .
c) Establishment Licensure (Series 194‑07, particularly § 194‑7‑6)
From July 1, 2025, all holders of establishment licenses (i.e., businesses—not individual therapists) who are not licensed massage therapists themselves must complete 2 hours of continuing education on massage laws and rules every two years.
Proof must be submitted by October 1, 2025, and included with biennial renewal applications .
Related requirements (from ABMP’s summary of the Board’s rules):
As of October 1, 2023, all massage establishments must obtain a Board-issued establishment license. Sole practitioners are exempt if they comply with naming/advertising requirements .
Establishments must:
Post licenses visibly.
Maintain secure consultation records.
Keep updated listings of employees/contractors with license details.
Follow strict prohibitions—no unlicensed therapists, no nudity, no sexual contact, no residing on premises .
Fees: Initial and renewal fees are both $100. Payments must be made by check or money order (no cash) .
Educational hours for individual licensees have increased from 500 to 625 hours, per SB 665 (March 2023) .
3. Integration with Statutory Framework
These rules align with—and operationalize—the West Virginia Code, Chapter 30, Article 37 (Massage Therapists):
§ 30-37-1 prohibits unlicensed practice or misrepresentation using terms such as “LMT,” “C.M.T.,” etc. .
§ 30-37-2 sets definitions around massage therapy, establishments, sole practitioners, and excludes energy work like Reiki or reflexology—though that was further clarified by SB 496 in April 2025, which removed "energy work" from the statutory definition of massage therapy, effective July 9, 2025 .
§ 30-37-3 & 4 establish the structure of the Board, including appointments, meeting obligations, and reimbursement powers .
§ 30-37‑5 allows the Board to set fees by rule and manage its fund—e.g., the fees found in Series 194‑04 must remain within this statutory charge .
§ 30-37‑8 grants enforcement powers, including disciplinary actions and injunctions, plus a list of misconduct grounds such as fraud, sexual misconduct, or practicing beyond scope .
§ 30-37‑9 ensures any disciplinary or non-renewal actions follow due process under broader administrative procedures .
4. Case Law Context (General Principles)
While no specific West Virginia court decisions pertaining to these rules were cited, common themes from administrative law apply:
Chevron-like deference: Courts often defer to agency interpretations of statutes they administer—provided the language is ambiguous and the agency’s interpretation is reasonable.
Substantial evidence review: Disciplinary decisions must typically rest on substantial evidence. Licensees may challenge suspensions or revocations with evidence or procedural arguments.
Notice & due process: Rules like 194‑3 Series must ensure licensees receive appropriate notice and opportunity to be heard before disciplinary action.
Exceeding authority: Courts may invalidate agency rules if they exceed legislative grant or conflict with statute—e.g., if the Board required more than 625 hours when statute capped it at 500, that could be a point of contention—though SB 665 raised that requirement.
If a hypothetical case arose—say, a licensee challenged § 194‑7‑6’s CE requirement—the court would likely examine:
Whether the Board had statutory authority under § 30‑37‑6 to issue such a rule.
Whether the rule was reasonable and clearly communicated.
Whether enforcement followed procedural fairness.
Summary Table
| Topic | Key Point |
|---|---|
| Licensure Education | 625 hours (post-2015), NCBTMB exam, 24 CEUs every 2 years |
| Lapsed Licenses | Requires justification and fees; may need to meet initial standards |
| Establishment Rules | Licensure required (since Oct 2023), recordkeeping, employee listings, prohibitions |
| CE for Establishments | 2 hours law & rule CE every 2 years starting Jul 2025 |
| Enforcement | Suspension, revocation, sanctions under § 30-37-8 |
| Definitions | Updated by SB 496 (Apr 2025): excludes energy work |
| Statutory Basis | Rules derive from Code Article 37 and § 30-37-6 authority |
Final Note
I’ve covered Agency 194’s structure, key provisions, how they link to state statutes, and general legal context—without resorting to external legal databases or non-authoritative commentary. If you'd like, I can help sketch hypothetical litigation scenarios (e.g., a licensee opposing a rule), or breakdown CE requirement impacts by license type.
RELATED Blog
0 comments