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0685 Exception to Massage Therapy Licensing 20101'N CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 685 n AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 5.28.030 OF THE CHUBBUCK MUNICIPAL CODE TO ALLOW AN EXCEPTION TO THE MASSAGE THERAPY LICENSING REQUIREMENTS FOR STUDENT INTERNS; ADDING SECTION 5.28.035 MASSAGE THERAPY INTERNS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 5.28 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 5.28.030 of the Chubbuck Municipal Code is amended as follows: 5.28.030: EXCEPTIONS TO LICENSE REQUIREMENTS: The following persons shall be exempt from the licensing requirements of this chapter under the conditions listed: A. Persons licensed under the laws of the state of Idaho to practice medicine, surgery, osteopathy, physical therapy, chiropractic, podiatry, or other healing art or profession licensed under the laws of the state of Idaho. B. Nurses registered or licensed pursuant to the laws of the state of Idaho and orderlies, attendants, or nurse's aids in hospitals or clinics acting under the direction of a person listed under subsection A of this section. C. Barbers and cosmetologists licensed under the laws of the state of Idaho, provided they do not offer or provide or engage in massage of the legs or any portion of the torso below the lowest part of the clavicle. D. Any physical trainer of any duly constituted athletic team who administers such athletic related massage in the normal course of training duties to members of the team. E. Naturopaths and homeopaths and their employees, provided the employee is under the direct supervision of the naturopath. F. Persons who have graduated from a college or university with a degree in physical or occupational therapy and who practice in hospitals, clinics, and similar medical facilities, whose clients are referred by persons listed in subsection A of this section. G. Massae Therapy Interns as defined in Section 5.28.035. Ordinance - Page 1 ch ub buck041510prd massth erpi ntems.wpd STATE UNIVERSITY College of Technology Campus Box 8380 Pocatello, Idaho 83209-8380 March 15, 2010 Chubbuck City Mayor Steven England 5160 Yellowstone Ave, Chubbuck, Id 83202 Re: Effect of Chubbuck Ordinance 5.28.030 on Student Practicum Requirements Dear Mayor England, My office has been directed to city ordinances that do not address student placements for internships in Massage Therapy. Idaho State University students from the University's College of Technology, Health Occupations Department, Massage Therapy Program work outside of the classroom in supervised interships as a work readiness requirement. The Program's curriculum includes a three -credit internship requirement scheduled during an eight-week summer session starting May 17th, 2010. Just as the University understands that Licensing is.important to protect the public from harm, the University diligently ensures that each student who is placed outside a classroom is in good standing in our program and poses no harm to the public. In each placement, a student is directly supervised under strict parameters with regular evaluations. Each placed student is in a final stage of study and has completed substantially more than 600 hours of study. Our programs Clinical Coordinator makes regular visitations to the site and collaborates with the site supervisor to guarantee a successful internship for each student. Requirement for Students include: • A completed criminal background check through ISU Public Safety Department • Complete immunizations required for all healthcare workers • Healthcare Providers CPR & First Aid • Wearing a-ISU Massage Therapy Student name badge at all times • If appropriate a ISU Massage Therapy Apron, unless a uniform is required by the business. • Coverage with the University's specified medical professional liability occurrence policy for $1,000,000. Each incident or occurrence. ISU Is An Equal Opportunity Employer Each student under this program is scheduled to be placed generally under direct supervision with one of the following: Physical Therapist Massage Therapist with a minimum of 3 years in practice Chiropractor. Internships are used in most healthcare professions, and this Program's philosophy is to send its students out prepared for "real world" challenges. Each placement is an opportunity to fine-tune the student's skills directly in a work setting that in many cases turns into employment. Supervising a student in this setting is a way to make sure that the student has the necessary skills to meet professional demands in the workforce. Please confirm whether this Program's practicum placement constitutes an exception to the referenced ordinance's prohibition or whether another option of amending the code 5.28.030 exemptions is possible. The City of Ammon ordinance did amend their exemptions in response to the same circumstances. Ammon's code was modified as follows: Ammon City Code for Massage Therapy 4-12-14: INTERNSHIPS: Students of massage therapy that are under the training of a State of Idaho operated technical school, college or university, shall be allowed to practice a maximum internship of eight (8) weeks of study within a licensed massage therapy business under the following conditions: (A) Uniforms issued by school representing a student in training approved by the State School where the intern is attending. (B) A school issued badge indicating an internship shall be worn at all times while training in the business. (C) All approved interns shall be under the direct supervision of a licensed certified therapist at all times while providing massage therapy. (D) Any student of therapy that is requesting to be approved for internship in a massage business in the City of Ammon must first have their background information approved through the City Clerk with information provided by the State School. n (E) All students of therapy to be interning within the City of Ammon shall first be included on a list provided to the City Clerk by the State School. The list shall contain the names of all individuals proposed for internship, dates of internship and the business they are proposed to be interning at. This list shall be provided no less than ten (10) days in advance of the first day of internship. Title 4, Chapter 12 Page 8 of 9 Revised 5-7-09 An immediate response is requested as scheduling is taking place at this time with several facilities. Sincerely, Susan Beck, BS, NCTMB Massage Therapy Program Coordinator 208 282-4287 Email: becksus2@isu.edu Cc: Office Manager E. Bruderer n A. The intern shall be under the direct supervision of an Idaho licensed Physical Therapist Chiropractor Physician or Massage Theraist the latter of which shall have a minimum of three (3) years of practice. B The internship shall not exceed eight (8) weeks unless good cause appears for an extension of such period which may be granted by the City Clerk or the Clerk's designee.. C. The intern shall at all times while training in the internship wear appropriate identification indicating the student is serving as an intern. serving. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 18.12 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 11tday of MAY , 2010. ATTEST: (4 4W4�) Ron Conlin, City Clerk Ordinance - Page 2 chu bb uck04l 5l Oprd masstherpintem s.wpd 11' CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 685 500 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 5.28.030 OF THE CHUBBUCK MUNICIPAL CODE TO ALLOW AN EXCEPTION TO THE MASSAGE THERAPY LICENSING REQUIREMENTS FOR STUDENT INTERNS; ADDING SECTION 5.28.035 MASSAGE THERAPY INTERNS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 5.28 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 5.28.030 of the Chubbuck Municipal Code is amended as follows: 5.28.030: EXCEPTIONS TO LICENSE REQUIREMENTS: The following persons shall be exempt from the licensing requirements of this chapter under the conditions listed: A. Persons licensed under the laws of the state of Idaho to practice medicine, surgery, osteopathy, physical therapy, chiropractic, podiatry, or other healing art or profession licensed under the laws of the state of Idaho. B. Nurses registered or licensed pursuant to the laws of the state of Idaho and orderlies, attendants, or nurse's aids in hospitals or clinics acting under the direction of a person listed under subsection A of this section. C. Barbers and cosmetologists licensed under the laws of the state of Idaho, provided they do not offer or provide or engage in massage of the legs or any portion of the torso below the lowest part of the clavicle. D. Any physical trainer of any duly constituted athletic team who administers such athletic related massage in the normal course of training duties to members of the team. E. Naturopaths and homeopaths and their employees, provided the employee is under the direct supervision of the naturopath. F. Persons who have graduated from a college or university with a degree in physical or occupational therapy and who practice in hospitals, clinics, and similar medical facilities, whose clients are referred by persons listed in subsection A of this section. G. Massage Therapy Interns as defined in Section 5.28.035. Ordinance - Page 1 chu bbuck041510prdmasstherpintems.wpd STATE UNIVERSITY College of Technology Campus Box 8380 Pocatello, Idaho 83209-8380 March 15, 2010 Chubbuck City Mayor Steven England 5160 Yellowstone Ave, Chubbuck, Id 83202 Re: Effect of Chubbuck Ordinance 5.28.030 on Student Practicum Requirements Dear Mayor England, My office has been directed to city ordinances that do not address student placements for internships in Massage Therapy. Idaho State University students from the University's College of Technology, Health Occupations Department, Massage Therapy Program work outside of the classroom in supervised interships as a work readiness requirement. The Program's curriculum includes a three -credit internship requirement scheduled during an eight-week summer session starting May 17th, 2010. Just as the University understands that licensing is.important to protect the public from harm, the University diligently ensures that each student who is placed outside a classroom is in good standing in our program and poses no harm to the public. In each placement, a student is directly supervised under strict parameters with regular evaluations. Each placed student is in a final stage of study and has completed substantially more than 600 hours of study. Our programs Clinical Coordinator makes regular visitations to the site and collaborates with the site supervisor to guarantee a successful internship for each student. Requirement for Students include: • A completed criminal background check through ISU Public Safety Department • Complete immunizations required for all healthcare workers • Healthcare Providers CPR & First Aid • Wearing a-ISU Massage Therapy Student name badge at all times • If appropriate a ISU Massage Therapy Apron, unless a uniform is required by the business. • Coverage with the University's specified medical professional liability occurrence policy for $1,000,000. Each incident or occurrence. ISU Is An Equal Opportunity Employer rma Each student under this program is scheduled to be placed generally under direct supervision with one of the following: Physical Therapist Massage Therapist with a minimum of 3 years in practice Chiropractor. Internships are used in most healthcare professions, and this Program's philosophy is to send its students out prepared for "real world" challenges. Each placement is an opportunity to fine-tune the student's skills directly in a work setting that in many cases turns into employment. Supervising a student in this setting is a way to make sure that the student has the necessary skills to meet professional demands in the workforce. Please confirm whether this Program's practicum placement constitutes an exception to the referenced ordinance's prohibition or whether another option of amending the code 5.28.030 exemptions is possible. The City of Ammon ordinance did amend their exemptions in response to the same circumstances. Ammon's code was modified as follows: Ammon City Code for Massage Therapy 4-12-14: INTERNSHIPS: Students of massage therapy that are under the training of a State of Idaho operated technical school, college or university, shall be allowed to practice a maximum internship of eight (8) weeks of study within a licensed massage therapy business under the following conditions: (A) Uniforms issued by school representing a student in training approved by the State School where the intern is attending. (B) A school issued badge indicating an internship shall be worn at all times while training in the business. (C) All approved interns shall be under the direct supervision of a licensed certified therapist at all times while providing massage therapy. (D) Any student of therapy that is requesting to be approved for internship in a massage business in the City of Ammon must first have their background information approved through the City Clerk with information provided by the State School. n n (E) All students of therapy to be interning within the City of Ammon shall first be included on a list provided to the City Clerk by the State School. The list shall contain the names of all individuals proposed for internship, dates of internship and the business they are proposed to be interning at. This list shall be provided no less than ten (10) days in advance of the first day of internship. Title 4, Chapter 12 Page 8 of 9 Revised 5-7-09 An immediate response is requested as scheduling is taking place at this time with several facilities. Sincerely, Susan Beck, BS, NUMB Massage Therapy Program Coordinator 208 282-4287 Email: becksus2gisu.eclu Cc: Office Manager E. Bruderer n 10 1 minimum of three (3)years of practice. conduct such cnminal history check. serving. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 18.12 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 11tday of MAY , 2010. ATTEST: Ron Conlin, City Clerk Ordinance - Page 2 chu bbuck04l 510prd masstherp intem s.wpd FJ. n R.—Enaland. M- K,