Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

REGULATORY IMPACT STATEMENT

and COST-BENEFIT ANALYSIS (RIS)

AGENCY INFORMATION:

Department name:

Licensing and Regulatory Affairs

Bureau name:

Bureau of Professional Licensing

Name of person filling out RIS:

Steven Sundeen

Phone number of person filling out RIS:

517-241-4064

Email of person filling out RIS:

sundeens@michigan.gov

RULE SET INFORMATION:

ARD assigned rule set number:

2025-23 LR

Title of proposed rule set:

Massage Therapy – General Rules

COMPARISON OF RULE(S) TO FEDERAL/STATE/ASSOCIATION STANDARDS

1. Compare the proposed rules to parallel federal rules or standards set by a state or national licensing agency

or accreditation association, if any exist.

Each state establishes its own requirements with respect to massage therapists, so there are no federal rules or

standards set by a national or state agency that the proposed rules can be compared to.

A. Are these rules required by state law or federal mandate?

MCL 333.16145 requires the board to promulgate rules to specify the requirements for licenses, renewals,

examination, and required passing scores.

MCL 333.16148 requires the department to promulgate rules to establish the standards for training to identify

victims of human trafficking.

MCL 333.16287 requires the department, in consultation with the board, to promulgate rules for telehealth

services.

MCL 333.17963 requires the board to promulgate rules to create a code of professional ethics.

MCL 333.17965 requires the board to promulgate rules to require as a condition of renewal of a license the

furnishing of evidence of at least 18 hours, or the equivalent acceptable to the board, of continuing education for

each 3-year license cycle.

There is no federal mandate applicable to the proposed rules.

B. If these rules exceed a federal standard, please identify the federal standard or citation, describe why it

is necessary that the proposed rules exceed the federal standard or law, and specify the costs and

benefits arising out of the deviation.

MCL 24.245(3)

RIS-Page 2

The proposed rules do not exceed a federal standard.

2. Compare the proposed rules to standards in similarly situated states, based on geographic location,

topography, natural resources, commonalities, or economic similarities.

The proposed rules are consistent with the standards required in the Michigan Public Health Code and are largely

consistent with the requirements of other states in the Great Lakes region. Every state in the Great Lakes region,

except Minnesota, provides for the regulation of this profession.

Ohio

Under ORS 4731.19, Ohio has requirements for licensure that include graduation from an accredited school, minimum

number of instruction hours, and a background check.

Indiana

The state of Indiana, through 847 IAC 1-5-1, outlines continuing education requirements, including number of hours

and subject areas.

Wisconsin

Under MBT 3.01, Wisconsin lists requirements for licensure that include graduation from an approved school, or

graduation from an accredited school, with a minimum number of instruction hours in specific areas, and supervised

hands-on practice.

Illinois

The state of Illinois, through Section 1284.20, has similar requirements to what is being proposed in Michigan for their

requirements for a massage therapy education program. These include, but are not limited to, a minimum of 600

hours of supervised instruction, hands-on practice, specific coursework, and experienced faculty.

Pennsylvania

Pennsylvania, in 20.11 through 20.14 of the Pennsylvania Code, details the educational requirements for applicants,

including number of hours and the specific knowledge base. Like Michigan, they allow students in a massage therapy

program to practice on members of the public in a supervised setting.

Minnesota

Minnesota does not currently have a state license or registry for the practice of massage therapy. As a result, cities

are allowed to regulate massage therapy through local ordinances.

A. If the rules exceed standards in those states, please explain why and specify the costs and benefits

arising out of the deviation.

Overall, the standards in the proposed rules do not exceed those of the other states in the Great Lakes region

that regulate massage therapists. As seen in the previous answer, there are some minor differences in the

number of hours, but otherwise, the proposed rules are very similar to what is required in this region. The only

exception to this is Minnesota, which does not regulate this profession on the state level. However, this is one of

the few states to do this. The majority of the US regulates the practice of massage therapy.

3. Identify any laws, rules, and other legal requirements that may duplicate, overlap, or conflict with the

proposed rules.

There are no other laws, rules, or other legal requirements that may duplicate, overlap, or conflict with these proposed

rules.

A. Explain how the rules have been coordinated, to the extent practicable, with other federal, state, and

local laws applicable to the same activity or subject matter. This section should include a discussion of

the efforts undertaken by the agency to avoid or minimize duplication.

No coordination is needed because there are no other applicable laws that regulate the areas addressed in the

proposed rules.

PURPOSE AND OBJECTIVES OF THE RULE(S)

4. Identify the behavior and frequency of behavior that the proposed rules are designed to alter.

Part 1 General Rules: The current rules in this part pertain to definitions used in the set and telehealth. The proposed

rules update the list of definitions and the telehealth rule to comply with current drafting standards. The intended

MCL 24.245(3)

RIS-Page 3

behavior is ease of understanding the rule content.

Part 2 Education: The current rules pertain to the educational requirements and supervised student clinic

requirements for licensure and the educational standards adopted by the board. In the proposed rules, educational

requirements for students have been divided into the following categories:

- students enrolled before August 1, 2017;

- students enrolled on or after August 1, 2017, but before January 10, 2020;

- students enrolled on or after January 10, 2020, but before 1 year of promulgation of these rules; and

- students enrolled on or after 1 year of promulgation of this set.

Lastly, the current rules approve the educational standards for the National Certification Board of Therapeutic

Massage and Bodywork (NCBTMB) and the Council for Higher Education Accreditation (CHEA). The proposed rules

eliminate the use of the CHEA standards one year after the rules are promulgated. This was done to simplify the

standards that massage therapy programs are to follow.,

Part 3 Licensure: The current rules pertain to the licensure, relicensure, licensure by endorsement, and renewal

requirements for a massage therapist. The proposed rules have been updated to comply with current drafting

standards. Additionally, for licensees seeking a waiver of the continuing education requirement listed in MCL

333.16205, the proposed rules set a deadline of when the waiver must be submitted to a decision on the waiver can

be rendered prior to the license expiration. The intended behavior is to ensure a decision can be made before the

license lapses.

Part 4 Continuing Education: The current rules pertain to continuing education requirements for a massage therapist.

The proposed rules have been updated to comply with current drafting requirements. Additionally, programs approved

by another state board of massage therapy and the Michigan Athletic Trainer Board will be approved for continuing

education for massage therapists. Lastly, R 338.741(6)(f) will be updated so that licensees know what documentation

to submit to show proof of completion. The intended behavior is to give licensees more continuing education sponsor

options and to clarify how to establish proofs of completion of a continuing education activity.

A. Estimate the change in the frequency of the targeted behavior expected from the proposed rules.

The frequency of use is not expected to change.

B. Describe the difference between current behavior/practice and desired behavior/practice.

Part 1 General Provisions: The current rules did not have a complete list of acronyms used in the set and were

not in compliance with current drafting standards. The proposed rules will add the meaning of the acronyms to

assist a reader in understanding the terms used in the rule set. The desired behavior is easier understanding of

the rule content.

Part 2 Education: The current rules have caused some confusion regarding educational standards and

supervised student clinic requirements for licensure. In the proposed rules, the board wanted breakdown the

625 hours of coursework into more categories to provide a more robust curriculum. Therefore, a further

delineation was made to encompass supervised curriculum for students enrolled 1 year after this set

promulgates. The requirements were clarified for the applicant based on the date of the applicant’s enrollment

for ease of compliance with the licensure requirements.

Lastly, the current rules approve the educational standards for the NCBTMB and the CHEA. The proposed rules

will eliminate the CHEA standards one year after the rules are promulgated. The desired behavior is

clarification of educational requirements, and to provide notice of which educational standards should be used

by massage therapy programs.

Part 3 Licensure: The current rules pertain to the licensure, relicensure, licensure by endorsement, and

renewal requirements for a massage therapist. The proposed rules have been updated to comply with current

drafting standards. Additionally, the licensure renewal rule clarifies when continuing education waiver petitions,

allowed pursuant to MCL 333.16205, must be submitted. The proposed rules set a deadline for when the waiver

must be submitted so a board decision can occur prior to the license expiration. The desired behavior is to

assist the renewal applicant with complying with the license renewal requirements.

Part 4 Continuing Education: The current rules pertain to continuing education requirements for a massage

therapist. The proposed rules have been updated to comply with current drafting requirements. Additionally,

MCL 24.245(3)

RIS-Page 4

programs approved by another state board of massage therapy and the Michigan Athletic Trainer Board, will be

approved for continuing education for massage therapists. Lastly, R 338.741(6)(f) will be updated so that

licensees know what documentation to submit to show proof of completion. The desired behavior is to give

licensees more continuing education sponsor options and to provide clarity on how to establish proofs of

completing a continuing education activity.

C. What is the desired outcome?

Part 1 General Rules: The current rules in this part pertain to definitions used in the set and telehealth. The

proposed rules update the list of definitions and the telehealth rule to comply with current drafting standards.

The desired outcome is ease of understanding the rule content.

Part 2 Education: The current rules pertain to the educational requirements and supervised student clinic

requirements for licensure and the educational standards adopted by the board. In the proposed rules,

educational requirements for students have been divided into the following categories:

- students enrolled before August 1, 2017;

- students enrolled on or after August 1, 2017, but before January 10, 2020;

- students enrolled on or after January 10, 2020, but before 1 year of promulgation of these rules; and

- students enrolled on or after 1 year of promulgation of this set.

This desired outcome is to assist the applicant with determining which educational standards and supervised

student clinic requirements must be met for licensure.

Lastly, the current rules approve the educational standards for the NCBTMB and the CHEA. The proposed rules

eliminate the CHEA standards one year after the rules are promulgated. The desired behavior is clarification of

educational requirements, and which educational standards should be utilized.

Part 3 Licensure: The current rules pertain to the licensure, relicensure, licensure by endorsement, and

renewal requirements for a massage therapist. The proposed rules update content to comply with current

drafting standards. Additionally, for licensees seeking a waiver of the continuing education requirement listed in

MCL 333.16205, the proposed rules set a deadline of when the waiver must be submitted to the board so a

decision can occur prior to the license expiration. The desired outcome is to ensure that waivers are submitted

so that the licensee will have the board’s decision on the petition prior to submitting a renewal application.

Part 4 Continuing Education: The current rules pertain to continuing education requirements for a massage

therapist. The proposed rules update content to comply with current drafting requirements. Additionally,

programs approved by another state board of massage therapy and the Michigan Athletic Trainer Board, will be

approved for continuing education for massage therapists. Lastly, R 338.741(6)(f) was updated so that

licensees know what documentation to submit to show proof of completion, if audited. The desired outcome is

to provide more approved sponsor options and clarify the criteria needed to satisfy the requirements for

continuing education activities.

5. Identify the harm resulting from the behavior that the proposed rules are designed to alter and the likelihood

that the harm will occur in the absence of the rule.

Part 1 General Rules: The current rules in this part pertain to definitions used in the set and telehealth. The proposed

rules update the list of definitions and the telehealth rule to comply with current drafting standards. The harm that

could result without the proposed change is that a licensee may lack the necessary understanding of the rule content.

Part 2 Education: The current rules pertain to the educational requirements and supervised student clinic

requirements for licensure and the educational standards adopted by the board. In the proposed rules, educational

requirements for students have been divided into the following categories:

- students enrolled before August 1, 2017;

- students enrolled on or after August 1, 2017, but before January 10, 2020;

- students enrolled on or after January 10, 2020, but before 1 year of promulgation of these rules; and

- students enrolled on or after 1 year of promulgation of this set.

Lastly, the current rules approve the educational standards for the NCBTMB and the CHEA. The proposed rules will

eliminate the CHEA standards one year after the rules are promulgated. The harm that could result without the

proposed changes is applicant confusion about which educational and supervised student clinical requirements must

be met, and which educational standards must be followed.

MCL 24.245(3)

RIS-Page 5

Part 3 Licensure: The current rules pertain to the licensure, relicensure, licensure by endorsement, and renewal

requirements for a massage therapist. The proposed rules have been updated to comply with current drafting

standards. Additionally, for licensees seeking a waiver of the continuing education requirement listed in MCL

333.16205, the proposed rules set a deadline of when the waiver must be submitted to the board so a decision can

occur prior to the license expiration. The harm that could result without the proposed change is that board decisions

on the waivers could occur after the license lapses, which is untimely.

Part 4 Continuing Education: The current rules pertain to continuing education requirements for a massage therapist.

The proposed rules have been updated to comply with current drafting requirements. Additionally, programs approved

by another state board of massage therapy and the Michigan Athletic Trainer Board, will be approved for continuing

education for massage therapists. Lastly, R 338.741(6)(f) was updated so that licensees know what documentation to

submit to show proof of completion, if audited. The harm that could result without the proposed changes is that the

licensee will have less options in choosing an approved continuing education provider and the criteria needed to

establish proof of satisfying the requirements for continuing education would not be clear resulting in a licensee not

being able to count the activity towards fulfilling the continuing education requirement.

A. What is the rationale for changing the rules instead of leaving them as currently written?

The rationale for changing the rules instead of leaving them as currently written is to ensure that current drafting

standards are followed; clarification is provided on the educational and supervised clinic requirements for

students; educational standards are updated in accordance with the board’s directive; clarification is given to

assist licensees with a timely submission of a petition for waiver of continuing education requirements so that a

decision can be made before the license lapses; additional continuing education providers are provided for

licensees to choose from; and clarification on criteria needed to satisfy continuing education activities is

provided to prevent licensees from being unable to count their work toward fulfilling the continuing education

activity. Without the rule changes, these improvements will not be able to be made.

6. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting

a regulatory environment in Michigan that is the least burdensome alternative for those required to comply.

Part 1 General Rules: The current rules in this part pertain to definitions used in the set and telehealth. The proposed

rules update the list of definitions and the telehealth rule to comply with current drafting standards. The proposed

changes will assist the reader with understanding the content of the rules which will promote the health, safety, and

welfare of Michigan citizens because licensees that understand the content will follow the regulations that are

designed to protect the public. These rules are required by statute so there is no less burdensome alternative to

utilize.

Part 2 Education: The current rules pertain to the educational requirements and supervised student clinic

requirements for licensure and the educational standards adopted by the board. In the proposed rules, educational

requirements for students have been divided into the following categories:

- students enrolled before August 1, 2017;

- students enrolled on or after August 1, 2017, but before January 10, 2020;

- students enrolled on or after January 10, 2020, but before 1 year of promulgation of these rules; and

- students enrolled on or after 1 year of promulgation of this set.

The proposed changes will assist the reader with understanding which educational and supervised student clinic

requirements must be followed for a given situation to avoid confusion. These changes protect the health, safety, and

welfare of Michigan citizens by ensuring that licensees have completed an education curriculum that follows the

correct educational and supervised student clinic requirements.

Lastly, under Part 2, the current rules approve the educational standards for the NCBTMB and the CHEA. Educational

standards are to be set by the board per statute. The proposed rules eliminate the use of the CHEA educational

standards one year after the rules are promulgated. This change protects the health, safety, and welfare of Michigan

citizens by making it clear that massage therapy programs need to develop criteria to satisfy one set of standards thus

reducing the risk of a program utilizing incorrect requirements or standards resulting in an applicant’s education not

being acceptable for licensure. These rules are required by statute so there is no less burdensome alternative to

utilize.

Part 3 Licensure: The current rules pertain to the licensure, relicensure, licensure by endorsement, and renewal

requirements for a massage therapist. The proposed rules are updated to comply with current drafting standards.

Additionally, for licensees seeking a waiver of the continuing education requirement listed in MCL 333.16205, the

MCL 24.245(3)

RIS-Page 6

proposed rules set a deadline of when the waiver must be submitted to the board so a decision can be rendered prior

to the license expiration. The proposed rules are required by statute, so there is no less burdensome way to ensure

compliance. To the extent that setting a deadline on the petition for a waiver places a burden on an applicant, it is far

outweighed by the benefit to the health, safety, and welfare of Michigan citizens when a licensee received the

decision on the petition prior to a license lapsing.

Part 4 Continuing Education: The current rules pertain to continuing education requirements for a massage therapist.

The proposed rules have been updated to comply with current drafting requirements. Additionally, programs approved

by another state board of massage therapy and the Michigan Athletic Trainer Board, will be approved for continuing

education for massage therapists. Lastly, R 338.741(6)(f) was updated so that licensees know what documentation

submit to show proof of completion, if audited. The proposed changes protect the health, safety, and welfare of

Michigan citizens by ensuring that the rules are easy to understand with criteria clearly delineated. Additionally,

licensees will have more sponsors to choose from which will make it easier for them to find programs to fulfill their

continuing education requirements. These rules are required by statute so there is no less burdensome alternative to

utilize.

7. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.

No rules can be rescinded. Note, there is a rule rescission in the set, but this information was moved to a different rule

number to comply with current drafting standards.

FISCAL IMPACT ON THE AGENCY

Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e., hiring

additional staff, higher contract costs, programming costs, changes in reimbursements rates, etc. over and

above what is currently expended for that function. It does not include more intangible costs for benefits, such

as opportunity costs, the value of time saved or lost, etc., unless those issues result in a measurable impact on

expenditures.

8. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings

for the agency promulgating the rule).

The proposed rules are not expected to have a fiscal impact on the agency.

9. Describe whether or not an agency appropriation has been made or a funding source provided for any

expenditures associated with the proposed rules.

No agency appropriation has been made or a funding source provided because there are no expenditures associated

with the proposed rules.

10. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to

the burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or

duplicative acts.

The proposed rules are necessary to accomplish their purpose because they are required by statute. Since they are

required by statute, there is no less burdensome way to ensure compliance with the requirements.

Part 1 General Rules: The current rules in this part pertain to definitions used in the set and telehealth. The proposed

rules simply update the list of definitions and the telehealth rule to comply with current drafting standards. The

changes do not create any burden or duplicative act for the licensee.

Part 2 Education: The current rules pertain to the educational requirements and supervised student clinic

requirements for licensure and the educational standards adopted by the board. In the proposed rules, educational

requirements for students have been divided into the following categories:

- students enrolled before August 1, 2017;

- students enrolled on or after August 1, 2017, but before January 10, 2020;

- students enrolled on or after January 10, 2020, but before 1 year of promulgation of these rules; and

- students enrolled on or after 1 year of promulgation of this set.

The proposed changes will assist the reader with understanding which educational and supervised student clinic

requirements must be followed for a given situation to avoid confusion. The changes do not create any burden or

duplicative act for the licensee.

MCL 24.245(3)

RIS-Page 7

Lastly, under Part 2, the current rules approve the educational standards for the NCBTMB and the CHEA. Educational

standards are to be set by the board per statute. The proposed rules eliminate the use of the CHEA educational

standards one year after the rules are promulgated. The changes do not create a burden or duplicative act for the

licensee.

Part 3 Licensure: The current rules pertain to the licensure, relicensure, licensure by endorsement, and renewal

requirements for a massage therapist. The proposed rules are updated to comply with current drafting standards.

Additionally, for licensees seeking a waiver of the continuing education requirement listed in MCL 333.16205, the

proposed rules set a deadline of when the waiver must be submitted to the board so a decision can be rendered prior

to the license expiration. The changes do not create a burden or duplicative act for the licensee. To the extent that the

submission deadline is considered a burden, there is no alternative to use to ensure timely submission.

Part 4 Continuing Education: The current rules pertain to continuing education requirements for a massage therapist.

The proposed rules have been updated to comply with current drafting requirements. Additionally, programs approved

by another state board of massage therapy and the Michigan Athletic Trainer Board, will be approved for continuing

education for massage therapists. Lastly, R 338.741(6)(f) was updated so that licensees know what documentation to

submit to show proof of completion, if audited. The changes do not create a burden or duplicative act for the licensee.

A. Despite the identified burden(s), identify how the requirements in the rules are still needed and

reasonable compared to the burdens.

No burdens were identified above. The rules are necessary to supply a mechanism for licensing and regulation

of the profession. The rules are not more restrictive than allowed by statute. Despite the cost related burden of

licensing, the rules and regulations are necessary to supply a framework of standards for educational and

licensure requirements.

IMPACT ON OTHER STATE OR LOCAL GOVERNMENTAL UNITS

11. Estimate any increase or decrease in revenues to other state or local governmental units (i.e., cities,

counties, school districts) as a result of the rule. Estimate the cost increases or reductions for other state or

local governmental units (i.e., cities, counties, school districts) as a result of the rule. Include the cost of

equipment, supplies, labor, and increased administrative costs in both the initial imposition of the rule and

any ongoing monitoring.

There is no expected increase or decrease in revenues to other state or local government units, nor are there cost

increases or reductions on other state or local government units expected because of the proposed rules.

12. Discuss any program, service, duty, or responsibility imposed upon any city, county, town, village, or school

district by the rules.

The proposed rules do not impose any program, service, duty, or responsibility upon any city, county, town, village, or

school district.

A. Describe any actions that governmental units must take to be in compliance with the rules. This section

should include items such as record keeping and reporting requirements or changing operational

practices.

There are no anticipated actions that a governmental unit must take to comply with the proposed rules.

13. Describe whether or not an appropriation to state or local governmental units has been made or a funding

source provided for any additional expenditures associated with the proposed rules.

State and local government units will incur no added expenditures because of implementing the proposed rules.

Therefore, no appropriation or funding source is necessary.

RURAL IMPACT

14. In general, what impact will the rules have on rural areas?

There is no expected disparate impact on rural areas because of the proposed rules.

A. Describe the types of public or private interests in rural areas that will be affected by the rules.

There is no expected disparate impact on public or private interests in rural areas because of the proposed

rules.

MCL 24.245(3)

RIS-Page 8

ENVIRONMENTAL IMPACT

15. Do the proposed rules have any impact on the environment? If yes, please explain.

The proposed rules do not have any impact on the environment.

SMALL BUSINESS IMPACT STATEMENT

16. Describe whether and how the agency considered exempting small businesses from the proposed rules.

The Michigan Public Health Code authorizes the board and the department to regulate individuals with massage

therapy licenses, not small businesses. Even if a licensee’s practice qualified as a small business, the department

could not exempt the licensee’s small business because it would create disparity in the regulation of the profession.

17. If small businesses are not exempt, describe (a) the manner in which the agency reduced the economic

impact of the proposed rules on small businesses, including a detailed recitation of the efforts of the agency

to comply with the mandate to reduce the disproportionate impact of the rules upon small businesses as

described below (in accordance with MCL 24.240(1)(a-d)), or (b) the reasons such a reduction was not lawful

or feasible.

There is no expected economic impact on small businesses because of the proposed rules. The proposed rules

affect individual licensees rather than small businesses.

A. Identify and estimate the number of small businesses affected by the proposed rules and the probable

effect on small businesses.

As of late 2025, there were 9533 licensed massage therapists in the state of Michigan. The department does

not collect or have access to information that indicates which of those licensees operate in a setting that would

be defined as a small business. Therefore, it is impossible to estimate the number of small businesses affected

by the proposed rules. The only small businesses affected by these rules are health practitioners practicing in

small business settings. The department does not track or have access to this type of information since it is not

a data repository. There is no expected economic impact on small businesses because of the proposed rules.

B. Describe how the agency established differing compliance or reporting requirements or timetables for

small businesses under the rules after projecting the required reporting, record-keeping, and other

administrative costs.

Because the proposed rules pertain to individuals and not small businesses, they do not have differing

compliance or reporting requirements or timetables for small businesses. They are unnecessary for the

proposed rules.

C. Describe how the agency consolidated or simplified the compliance and reporting requirements for

small businesses and identify the skills necessary to comply with the reporting requirements.

The proposed rules do not impose any compliance requirements or reporting requirements for small

businesses.

D. Describe how the agency established performance standards to replace design or operation standards

required by the proposed rules.

The agency did not establish performance standards to replace design or operation standards required by these

rules.

18. Identify any disproportionate impact the proposed rules may have on small businesses because of their size

or geographic location.

The proposed rules affect individual licensees rather than small businesses. Therefore, there is no expected

disproportionate impact on small businesses based on size or geographic location because of the rules.

19. Identify the nature of any report and the estimated cost of its preparation by small businesses required to

comply with the proposed rules.

The proposed rules do not require any reports. There are no reports that a small business would have to complete.

20. Analyze the costs of compliance for all small businesses affected by the proposed rules, including costs of

equipment, supplies, labor, and increased administrative costs.

There is no expectation of an effect on small businesses because of the proposed rules, nor are there any added

costs, because the proposed rules apply to individuals and not businesses.

MCL 24.245(3)

RIS-Page 9

21. Identify the nature and estimated cost of any legal, consulting, or accounting services that small businesses

would incur in complying with the proposed rules.

The proposed rules, which apply to individuals and not businesses, should not create a need for any legal, consulting,

or accounting services for small businesses to be able to follow the proposed rules.

22. Estimate the ability of small businesses to absorb the costs without suffering economic harm and without

adversely affecting competition in the marketplace.

Since the rules affect individual licensees rather than small businesses, there is no expected cause of economic harm

or for the rules to adversely affect competition in the marketplace.

23. Estimate the cost, if any, to the agency of administering or enforcing a rule that exempts or sets lesser

standards for compliance by small businesses.

The proposed rules impose requirements on individual licensees rather than a small business. Even if a licensee’s

practice qualifies as a small business, the department could not exempt his or her business because it would create

disparity in the regulation of the profession.

Therefore, there is no cost to the agency for administering or enforcing the rules because exempting or setting lesser

standards of compliance for a small business is not in the best interest of the public.

24. Identify the impact on the public interest of exempting or setting lesser standards of compliance for small

businesses.

The proposed rules impose requirements on individual licensees rather than a small business. Even if a licensee’s

work qualifies as a small business, the department could not exempt his or her business because it would create a

disparity in the regulation of the profession. Therefore, exempting or setting lesser standards of compliance for a

small business is not in the best interest of the public.

25. Describe whether and how the agency has involved small businesses in the development of the proposed

rules.

The department worked with the Michigan Board of Massage Therapy in the development of the proposed rules. The

board is composed of professional and public members. Some members of the board may work in a small business,

but the members were not involved in the development of the rules as representatives of small businesses.

A. If small businesses were involved in the development of the rules, please identify the business(es).

No small businesses were involved in the development of the rules.

COST-BENEFIT ANALYSIS OF RULES (INDEPENDENT OF STATUTORY IMPACT)

26. Estimate the actual statewide compliance costs of the rule amendments on businesses or groups.

There are no estimated compliance costs with these rule amendments on businesses or groups.

A. Identify the businesses or groups who will be directly affected by, bear the cost of, or directly benefit

from the proposed rules.

No businesses or groups will be directly affected or benefitted by the proposed rules. No additional costs will be

imposed on any businesses or groups.

B. What additional costs will be imposed on businesses and other groups as a result of these proposed

rules (i.e., new equipment, supplies, labor, accounting, or recordkeeping)? Please identify the types and

number of businesses and groups. Be sure to quantify how each entity will be affected.

No additional costs will be imposed on any businesses or groups.

27. Estimate the actual statewide compliance costs of the proposed rules on individuals (regulated individuals or

the public). Include the costs of education, training, application fees, examination fees, license fees, new

equipment, supplies, labor, accounting, or recordkeeping.

It is estimated that there will be no new compliance costs imposed on individuals because of the proposed rules.

The changes pertain to updating content to comply with current drafting standards and organization of the rules to

provide content clarity. Further, the rules outline the educational standards and curriculum content to be used by

massage therapy programs and the submission deadlines for petitions for waiver of continuing education

requirements. Lastly, the proposed rules add additional approved continuing education sponsors and clarify the

required documentation needed for a continuing education activity.

MCL 24.245(3)

RIS-Page 10

There are no costs related to these changes.

A. How many and what category of individuals will be affected by the rules?

All licensees and applicants are affected by the proposed rules. As of late 2025, there were 9,533 licensed

massage therapists in Michigan.

B. What qualitative and quantitative impact do the proposed changes in rules have on these individuals?

The qualitative impact of the proposed rules on the citizens of Michigan will be that they will know a licensee

who supplies services has achieved the level of education and training necessary to meet the minimum

requirements for licensure. The quantitative impact of the proposed rules on the citizens of Michigan is that

there will be no increase in the cost of services due to the rules. The proposed rules help to ensure the health,

safety, and welfare of Michigan citizens without more costs.

The qualitative impact on licensees and applicants by the proposed rules will be the knowledge that they and

their peers have achieved the minimum requirements for licensure and can appropriately support the needs of

the citizens of Michigan. The quantitative impact on licensees and applicants by the proposed rules is that they

will have credentials that will meet the minimum requirements of licensure. These credentials will allow them to

have access to job opportunities and compensation in line with their education and work experience.

There is no qualitative or quantitative impact on individuals as a result of the proposed rules.

28. Quantify any cost reductions to businesses, individuals, groups of individuals, or governmental units as a

result of the proposed rules.

There are no expected reductions in costs to businesses, individuals, groups of individuals, or governmental units

because of the proposed rules.

29. Estimate the primary and direct benefits and any secondary or indirect benefits of the proposed rules. Please

provide both quantitative and qualitative information, as well as any assumptions.

The proposed rules use clear, concise language, and implement the statutory requirements for licensing. The clear,

concise language allows the public, licensees, and schools to better understand the requirements for licensure.

30. Explain how the proposed rules will impact business growth and job creation (or elimination) in Michigan.

There is no expected significant impact on business growth, job growth, or job elimination because of the rules.

31. Identify any individuals or businesses who will be disproportionately affected by the rules as a result of their

industrial sector, segment of the public, business size, or geographic location.

The department does not expect any individuals or businesses to be disproportionately impacted by the rules as a

result of their industrial sector, segment of the public, business size, or geographic location.

32. Identify the sources the agency relied upon in compiling the regulatory impact statement, including the

methodology utilized in determining the existence and extent of the impact of the proposed rules and a cost-

benefit analysis of the proposed rules.

Illinois:

Massage Therapy Practice Act:

http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2469&ChapAct=225%26nbsp%3BILCS%26nbsp%3B57%2F&ChapterI

D=24&ChapterName=PROFESSIONS+AND+OCCUPATIONS&ActName=Massage+Licensing+Act%2E.

Massage Licensing Act:

https://ilga.gov/agencies/JCAR/EntirePart?titlepart=06801284

Indiana:

Indiana Code Title 25: https://iga.in.gov/laws/2024/ic/titles/25#25-21.8

Indiana Administrative Rules and Policies for Massage Therapy: https://iar.iga.in.gov/code/2026/847/1

Minnesota: Massage Therapy (mn.gov);

Ohio:

Ohio Code:

MCL 24.245(3)

RIS-Page 11

https://codes.ohio.gov/ohio-revised-code/chapter-4731

Ohio Administrative Code:

https://codes.ohio.gov/ohio-administrative-code/chapter-4731-1

Pennsylvania:

Massage Therapy Act:

https://www.pa.gov/content/dam/copapwp-pagov/en/dos/department-and-offices/bpoa/massage-therapy/MTM%20-

%20Act%20118%20Amended%20Massage%20Therapy.pdf

Pennsylvania Administrative Code:

https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/049/chapter20/chap20toc.html&d=reduc

e

New York:

Statutes:

https://www.op.nysed.gov/professions/massage-therapy/laws-rules-regulations/part-78

Administrative Code:

https://www.op.nysed.gov/professions/massage-therapy/laws-rules-regulations/article-155

Wisconsin:

Statutes:

https://docs.legis.wisconsin.gov/statutes/statutes/460.pdf

Administrative Code:

https://dsps.wi.gov/Pages/RulesStatutes/MTBT.aspx

A. How were estimates made, and what assumptions were made? Include internal and external sources,

published reports, information provided by associations or organizations, etc., that demonstrate a need

for the proposed rules.

Since the rules are required by statute, no estimates were made.

ALTERNATIVE TO REGULATION

33. Identify any reasonable alternatives to the proposed rules that would achieve the same or similar goals.

Since the rules are required by statute, there are no reasonable alternatives to the proposed rules.

A. Please include any statutory amendments that may be necessary to achieve such alternatives.

Since the rules are required by statute, a statutory change would be needed to provide an alternative.

34. Discuss the feasibility of establishing a regulatory program similar to that proposed in the rules that would

operate through private market-based mechanisms. Please include a discussion of private market-based

systems utilized by other states.

Since the rules are required by statute, private market-based systems cannot serve as an alternative. The licensing

and regulation of massage therapy professionals are state functions, and states regulate massage therapy

professionals by statute, regulation, or both. Private market-based systems are not used for licensing and regulation.

There are professional organizations that establish criteria for membership, but these organizations would provide the

public with significantly less protection because membership in many of these organizations is voluntary. This means

an individual who meets the membership requirements but does not join one of the professional organizations would

be able to practice, and there would be no way to ensure his or her competency or hold him or her accountable.

35. Discuss all significant alternatives the agency considered during rule development and why they were not

incorporated into the rules. This section should include ideas considered both during internal discussions

and discussions with stakeholders, affected parties, or advisory groups.

Since statute mandates the rules, there are no reasonable alternatives to the proposed rules. There were no

alternatives that the department considered to achieve the intended changes. They are necessary for the

administration and enforcement of the licensing.

MCL 24.245(3)

RIS-Page 12

ADDITIONAL INFORMATION

36. As required by MCL 24.245b(1)(c), please describe any instructions regarding the method of complying with

the rules, if applicable.

The instructions for compliance are included in the rules.

MCL 24.245(3)