West Virginia Code of State Rules Agency 194 - Massage Therapy Licensure Board
West Virginia Agency 194 – Massage Therapy Licensure Board
1. Overview
Agency 194 consists of the rules adopted by the West Virginia Massage Therapy Licensure Board, which regulates the licensure, practice, and discipline of massage therapists in West Virginia. The rules operate under the authority of West Virginia Code § 30‑37.
The rules are divided into several series:
194‑01 – General Provisions (licensure, standards of practice)
194‑02 – Hearing Procedures (contested cases)
194‑03 – Disciplinary and Complaint Procedures
194‑04 – Schedule of Fees
194‑05 – Waiver of Fees
194‑06 – Criminal Convictions
194‑07 – Establishment Licensure
2. Series 194‑01 — General Provisions
Licensure Requirements
To be licensed as a massage therapist in West Virginia, an applicant must:
Submit a completed application and pay required fees.
Provide proof of completing an approved massage therapy program (minimum 625 hours).
Pass an approved examination (such as the MBLEX or NCBTMB exam).
Submit to a background check.
Renew their license every two years and complete required continuing education (usually 24 hours over two years).
The Board may issue reciprocal licenses to qualified licensees from other states.
Standards of Practice
Licensed massage therapists must:
Practice within their scope of training and Board rules.
Follow proper sanitation and hygiene protocols.
Obtain informed consent before certain therapies.
Avoid sexual contact or inappropriate touching with clients.
Maintain confidentiality and accurate client records.
Violation of these standards can lead to disciplinary actions.
3. Series 194‑03 — Disciplinary and Complaint Procedures
The Board may discipline a massage therapist for:
Professional negligence or misconduct.
Practicing without a valid license.
Violating Board rules or statutory provisions.
Criminal convictions (especially felonies related to moral turpitude or health).
Disciplinary actions can include:
License denial
Probation
Suspension
Revocation
Licensees can request a contested case hearing under administrative procedure rules.
4. Series 194‑04 & 194‑05 — Fees and Fund Management
The Board charges fees for:
Initial licensure
Renewal
Establishment licenses
All fees are deposited into the Massage Therapy Board Fund, which is used to administer the Board’s operations. The Board members receive compensation and reimbursement consistent with state policy.
5. Series 194‑07 — Establishment Licensure
Massage establishments (businesses offering massage therapy) must:
Obtain a biennial establishment license.
Post the establishment license and all individual therapist licenses.
Keep client records, employee license lists, and consent forms.
Ensure only licensed therapists provide massage services.
Prohibit sexual activity or nudity. Adult‑oriented businesses cannot obtain a license.
6. Statutory Authority
The Board operates under West Virginia Code Chapter 30, Article 37, which:
Authorizes the Board to issue licenses.
Allows the Board to regulate standards of practice, ethics, and continuing education.
Makes it illegal to practice massage therapy or use related titles without a license.
7. Case Law Context
Direct case law on Agency 194 is limited, as most disciplinary actions are administrative and resolved by the Board or at the circuit court level.
Relevant principle from broader licensure law:
Dent v. West Virginia, 129 U.S. 114 (1889):
The U.S. Supreme Court upheld the state's right to regulate professional licensure to protect public health and safety. This principle applies to massage therapy: states can impose education, examination, and conduct standards to ensure safe practice.
8. Practical Implications
Compliance: Massage therapists and establishments must comply with education, licensure, practice, and ethical standards.
Documentation: Keeping accurate records and proof of continuing education is essential.
Discipline & Appeals: Licensees denied a license or disciplined can request hearings and judicial review.
Establishment Rules: Owners and operators must follow all establishment licensing rules; violations can affect both the business and individual licensees.
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