top of page
Search

Update on SB168: Focus On The AR House

Writer's picture: Kirby Clark, MMTKirby Clark, MMT

Updated: Feb 12

The debate over Arkansas potentially creating an alternative to the MBLEx (Massage & Bodywork Licensing Examination) with a state-specific test has raised serious concerns for both public safety and the massage therapy profession. The majority of massage therapists in Arkansas continue to oppose SB168.

Below are the key reasons why the MBLEx is the best choice for Arkansas.

1. Combatting Human Trafficking and Fraud

A state-specific test could create a dangerous loophole, potentially allowing human traffickers and fraudulent massage schools to exploit it. The MBLEx, developed by the Federation of State Massage Therapy Boards (FSMTB), actively works with law enforcement to combat these threats, making it a much safer option than a new, state-run exam.


2. Legal and Financial Risks

A state-run test could be legally vulnerable, inviting costly lawsuits and challenges. Developing a fair and valid state test requires significant resources and rigorous testing standards. The state test outlined in SB168 lacks psychometric rigor. A state test would require millions in development, validation, and maintenance. Ongoing test security, compliance, and psychometric updates would be a continual financial drain on the state!


3. Career Mobility for Massage Therapists

Currently, the MBLEx is accepted in 46 states, enabling Arkansas massage therapists to easily relocate and practice elsewhere should they desire or be required to. A state-specific test would isolate professionals, complicating their ability to work across state lines and limiting their career mobility.


4. Preserving High Professional Standards

The MBLEx ensures that massage therapists meet the minimum competency required for safe practice. The MBLEx is not an advanced credentialing exam, it assesses entry-level readiness of those sitting for the exam. A state-specific test could lower those standards due to political influence, putting both public safety and the reputation of the profession at risk. Who would write the questions? How would Arkansas ensure the writer's bias isn't in the content of the test?


5. Arkansas’ Role in the MBLEx

As a member of the FSMTB, Arkansas shares ownership of the MBLEx and helps shape the exam to ensure it meets Arkansas' regulatory standards and protects public safety. A state-specific test would duplicate efforts and create inconsistencies, undermining the national standards that currently guide licensure.


6. Testing Accommodations at No Cost

The FSMTB provides testing accommodations to ensure compliance with the Americans with Disabilities Act (ADA) at no extra charge to the state or examinee. In 2024 alone, FSMTB supported 603 qualifying testing accommodations, a number that increases every year, reflecting a growing need among candidates. If Arkansas created its own test, it would bear the financial and administrative responsibility of providing similar accommodations—an additional burden on the state.


Protecting Arkansas' Massage Profession

The bottom line is that consumers deserve to know that only those competent enough to practice safely (as assessed by the MBLEx) are licensed in Arkansas. Arkansas boasts a pass rate higher than the national average for the MBLEx. The exam is decidedly not a barrier to entry, and an alternative exam is unnecessary. Licensees within the state are trying to hold ourselves to the higher standard found in the MBLEx.

The MBLEx is not just a licensing exam; it’s a vital tool that safeguards public health, ensures the competency of massage therapists, and prevents fraud. Replacing it with a state test would introduce unnecessary risks—both financially and professionally—for Arkansas. The MBLEx is a nationally recognized, legally defensible exam, and Arkansas should continue using it to ensure the highest standards for massage therapy.

By continuing to recognize the gold standard of the MBLEx, Arkansas will protect its residents, support licensed massage therapists, and continue to be a part of a larger, nationally recognized workforce. Rejecting a state-specific test is the right move for the future of the profession in Arkansas.


Where Things Stand

The Arkansas Senate just passed SB168 with a floor vote on Wednesday, February 12, 2025. SB168 will now make its way to the Arkansas House of Representatives. It is time to start focusing our efforts on the House. Each House member's name below is hyperlinked to their email address. Remember when contacting legislators to be respectful and stick to the facts instead of becoming emotional and frustrated. Arkansas General Assembly is made up of people with jobs outside the Capitol and beyond that they are people worthy of dignity and respect.


SB168 House Sponsor: Karilyn Brown (501) 580-9000

House Public Health, Welfare, & Labor Committee Chair: Jeffrey Wardlaw (870) 226-9501

House Public Health, Welfare, & Labor Committee Vice-Chair: Jeremy Wooldridge (870) 565-7784

House Speaker: Brian S. Evans (501) 941-4002

Speaker Pro-Tempore: Carlton Wing (501) 944-9464

Majority Leader: Howard M. Beaty, Jr. (870) 304-6584

Majority Whip: Stetson Painter (501) 733-3203

Minority Leader: Andrew Collins (501) 650-2233

Minority Whip: Denise Garner (479) 283-5050


Draft letter from the profession:

Re: Opposition to SB168 – Protect Massage Therapy Standards


Dear [Legislator’s Name],

As a licensed massage therapist in Arkansas, I strongly oppose SB168, which would replace the nationally recognized Massage & Bodywork Licensing Examination (MBLEx) with a state exam. This change would lower professional standards, increase fraud risks, and create unnecessary burdens on therapists and the state.

The MBLEx is owned by Arkansas through its membership in the Federation of State Massage Therapy Boards (FSMTB) and is used by 46 states. It ensures competency, protects public safety, and allows therapists to move across state lines without licensing barriers. FSMTB also provides testing accommodations at no cost to the state or candidates, a growing need that Arkansas would have to fund if it created its own exam.

SB168 Puts Arkansas at Risk:

  • Opens the door to fraud & human trafficking – A state exam creates a loophole for fraudulent schools and traffickers to exploit. FSMTB actively works with law enforcement to prevent this.

  • Costs taxpayers and therapists more – Developing, securing, and maintaining a state exam is expensive. The MBLEx is already fully funded by exam fees.

  • Limits career mobility – The MBLEx allows us to work in other states. A state exam could isolate Arkansas therapists and reduce job opportunities.

  • Lowers professional standards – The MBLEx ensures we meet national competency standards. Creating a new exam under political pressure could weaken these standards, risking public safety.

The MBLEx is not “too hard.” It is designed to test the knowledge needed for safe practice. SB168 does not help therapists—it weakens our profession. Please oppose SB168 and keep Arkansas aligned with national standards.

Thank you for your time. I would be happy to discuss this further.



We can fight this. Keep educating your clients, business owners, friends, family, and legislators.



Peace and Healing,

Kirby Clark Ellis, MTI, BCTMB

70 views0 comments

Recent Posts

See All

Comments


Subscribe Form

Thank you for subscribing!

©2020 by Kirby Clark MMT. Proudly created with Wix.com

bottom of page