S 1184 Session 123 (2019-2020) S 1184 General Bill, By Shealy A BILL TO AMEND CHAPTER 30, TITLE 40 OF THE 1976 CODE, RELATING TO THE MASSAGE/BODYWORK PRACTICE ACT, TO RENAME THE CHAPTER THE MASSAGE THERAPY PRACTICE ACT, TO PROVIDE THAT IT IS IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE TO REGULATE THE PRACTICE OF MASSAGE THERAPY, TO PROVIDE THAT THE PROVISIONS OF THE MASSAGE THERAPY PRACTICE ACT CONTROL IF THERE IS A CONFLICT, TO CLARIFY THE COMPOSITION AND DUTIES OF THE BOARD OF MASSAGE THERAPY, TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PUBLISH A ROSTER OF LICENSED MASSAGE THERAPISTS AND ESTABLISHMENTS, TO PROVIDE FOR LICENSURE FEES, TO REMOVE THE REQUIREMENT FOR AN ANNUAL REPORT ON THE ADMINISTRATION OF THE MASSAGE THERAPY PRACTICE ACT BY THE DEPARTMENT, TO PROVIDE FOR EXEMPTIONS TO THE MASSAGE THERAPY PRACTICE ACT, TO PROVIDE CERTAIN REQUIREMENTS FOR THE TEMPORARY PRACTICE OF MASSAGE THERAPY, TO PROVIDE THAT NO PERSON MAY PRACTICE OR OFFER TO PRACTICE MASSAGE THERAPY WITHOUT A LICENSE, TO PROVIDE THAT NO PERSON OR ENTITY MAY OPEN, OPERATE, MAINTAIN, USE, OR ADVERTISE AS A MASSAGE THERAPY ESTABLISHMENT OR A SOLE PRACTITIONER ESTABLISHMENT WITHOUT OBTAINING A LICENSE, TO PROVIDE PENALTIES, TO CLARIFY LICENSURE REQUIREMENTS FOR A MASSAGE THERAPIST LICENSE, TO PROVIDE LICENSURE REQUIREMENTS FOR A MASSAGE THERAPY ESTABLISHMENT AND SOLE PRACTITIONER ESTABLISHMENT, TO PROVIDE THAT THE BOARD MAY GRANT A LICENSE BY ENDORSEMENT TO A MASSAGE THERAPIST WHO HOLDS AN ACTIVE MASSAGE THERAPIST LICENSE AND IS IN GOOD STANDING IN ANOTHER STATE, THE DISTRICT OF COLUMBIA, OR ANY OTHER UNITED STATES TERRITORY, TO CLARIFY REQUIREMENTS RELATED TO APPLYING FOR AND OBTAINING A LICENSE, TO PROVIDE THAT THE DEPARTMENT MAY MAKE PERIODIC INSPECTIONS OF ALL MASSAGE THERAPY ESTABLISHMENTS AND ALL SOLE PRACTITIONER ESTABLISHMENTS DURING BUSINESS HOURS WITHOUT PRIOR NOTICE, TO PROVIDE PENALTIES FOR FAILING TO COOPERATE WITH THE DEPARTMENT DURING AN INSPECTION, TO PROVIDE THAT CERTAIN REQUIREMENTS RELATING TO LICENSES SHALL BE COMPLETED BIENNIALLY, TO PROVIDE THAT RENEWAL OF LICENSES SHALL BE COMPLETED IN A MANNER PROVIDED BY THE BOARD, TO PROVIDE THAT CONTINUING EDUCATION REPORTS ARE SUBJECT TO AUDITS, TO CLARIFY CERTAIN REQUIREMENTS RELATED TO LAPSED LICENSES, TO PROVIDE THAT A LICENSEE MAY PROVIDE A WRITTEN REQUEST TO THE BOARD TO PLACE A LICENSE IN INACTIVE STATUS, TO PROVIDE THAT A LICENSEE MUST BIENNIALLY RENEW HIS LICENSE TO REMAIN IN INACTIVE STATUS, TO PROVIDE THAT A LICENSE MAY BE REACTIVATED IN A MANNER PROVIDED BY THE BOARD, TO PROVIDE THAT INACTIVE STATUS DOES NOT STAY ANY DISCIPLINARY ACTIONS FOR VIOLATIONS THAT OCCURRED DURING THE COURSE OF AN ACTIVE LICENSE, TO CLARIFY REGULATIONS THAT SHALL BE PROMULGATED BY THE BOARD, TO PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS, TO PROVIDE THAT THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS, TO PROVIDE THAT A PERSON AGGRIEVED BY A FINAL ACTION OF THE BOARD MAY SEEK AN APPEAL OF THE DECISION, TO PROVIDE THAT SERVICE OF A NOTICE OF AN APPEAL DOES NOT STAY THE BOARD'S OR THE DEPARTMENT'S DECISION PENDING COMPLETION OF THE APPELLATE PROCESS, TO CLARIFY GROUNDS FOR DENYING A LICENSE, TO CLARIFY THE INVESTIGATION PROCESS AND CERTAIN DISCIPLINARY ACTIONS, TO PROVIDE THAT AN INDIVIDUAL OR ESTABLISHMENT THAT VOLUNTARILY SURRENDERS A LICENSE MAY NOT PRACTICE AS A MASSAGE THERAPIST OR OPERATE AS A MASSAGE THERAPY ESTABLISHMENT OR SOLE PRACTITIONER ESTABLISHMENT UNTIL THE BOARD REINSTATES THE LICENSE, TO PROVIDE THAT SERVICE OF NOTICE MAY BE MADE BY LEAVING A COPY OF THE NOTICE WITH THE DIRECTOR OF THE DEPARTMENT OR HIS DESIGNEE IF AN INDIVIDUAL CANNOT BE FOUND AT HIS USUAL ABODE OR PLACE OF BUSINESS, TO PROVIDE THAT COSTS AND FINES IMPOSED ARE DUE AND PAYABLE AS REQUIRED BY THE BOARD, TO PROVIDE THAT A LICENSEE FOUND IN VIOLATION OF THE MASSAGE THERAPY PRACTICE ACT OR RELATED REGULATIONS MAY BE REQUIRED TO PAY COSTS ASSOCIATED WITH THE INVESTIGATION OF HIS CASE, TO MAKE CONFORMING CHANGES, AND TO DEFINE NECESSARY TERMS.
TO AMEND CHAPTER 30, TITLE 40 OF THE 1976 CODE, RELATING TO THE MASSAGE/BODYWORK PRACTICE ACT, TO RENAME THE CHAPTER THE MASSAGE THERAPY PRACTICE ACT, TO PROVIDE THAT IT IS IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE TO REGULATE THE PRACTICE OF MASSAGE THERAPY, TO PROVIDE THAT THE PROVISIONS OF THE MASSAGE THERAPY PRACTICE ACT CONTROL IF THERE IS A CONFLICT, TO CLARIFY THE COMPOSITION AND DUTIES OF THE BOARD OF MASSAGE THERAPY, TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PUBLISH A ROSTER OF LICENSED MASSAGE THERAPISTS AND ESTABLISHMENTS, TO PROVIDE FOR LICENSURE FEES, TO REMOVE THE REQUIREMENT FOR AN ANNUAL REPORT ON THE ADMINISTRATION OF THE MASSAGE THERAPY PRACTICE ACT BY THE DEPARTMENT, TO PROVIDE FOR EXEMPTIONS TO THE MASSAGE THERAPY PRACTICE ACT, TO PROVIDE CERTAIN REQUIREMENTS FOR THE TEMPORARY PRACTICE OF MASSAGE THERAPY, TO PROVIDE THAT NO PERSON MAY PRACTICE OR OFFER TO PRACTICE MASSAGE THERAPY WITHOUT A LICENSE, TO PROVIDE THAT NO PERSON OR ENTITY MAY OPEN, OPERATE, MAINTAIN, USE, OR ADVERTISE AS A MASSAGE THERAPY ESTABLISHMENT OR A SOLE PRACTITIONER ESTABLISHMENT WITHOUT OBTAINING A LICENSE, TO PROVIDE PENALTIES, TO CLARIFY LICENSURE REQUIREMENTS FOR A MASSAGE THERAPIST LICENSE, TO PROVIDE LICENSURE REQUIREMENTS FOR A MASSAGE THERAPY ESTABLISHMENT AND SOLE PRACTITIONER ESTABLISHMENT, TO PROVIDE THAT THE BOARD MAY GRANT A LICENSE BY ENDORSEMENT TO A MASSAGE THERAPIST WHO HOLDS AN ACTIVE MASSAGE THERAPIST LICENSE AND IS IN GOOD STANDING IN ANOTHER STATE, THE DISTRICT OF COLUMBIA, OR ANY OTHER UNITED STATES TERRITORY, TO CLARIFY REQUIREMENTS RELATED TO APPLYING FOR AND OBTAINING A LICENSE, TO PROVIDE THAT THE DEPARTMENT MAY MAKE PERIODIC INSPECTIONS OF ALL MASSAGE THERAPY ESTABLISHMENTS AND ALL SOLE PRACTITIONER ESTABLISHMENTS DURING BUSINESS HOURS WITHOUT PRIOR NOTICE, TO PROVIDE PENALTIES FOR FAILING TO COOPERATE WITH THE DEPARTMENT DURING AN INSPECTION, TO PROVIDE THAT CERTAIN REQUIREMENTS RELATING TO LICENSES SHALL BE COMPLETED BIENNIALLY, TO PROVIDE THAT RENEWAL OF LICENSES SHALL BE COMPLETED IN A MANNER PROVIDED BY THE BOARD, TO PROVIDE THAT CONTINUING EDUCATION REPORTS ARE SUBJECT TO AUDITS, TO CLARIFY CERTAIN REQUIREMENTS RELATED TO LAPSED LICENSES, TO PROVIDE THAT A LICENSEE MAY PROVIDE A WRITTEN REQUEST TO THE BOARD TO PLACE A LICENSE IN INACTIVE STATUS, TO PROVIDE THAT A LICENSEE MUST BIENNIALLY RENEW HIS LICENSE TO REMAIN IN INACTIVE STATUS, TO PROVIDE THAT A LICENSE MAY BE REACTIVATED IN A MANNER PROVIDED BY THE BOARD, TO PROVIDE THAT INACTIVE STATUS DOES NOT STAY ANY DISCIPLINARY ACTIONS FOR VIOLATIONS THAT OCCURRED DURING THE COURSE OF AN ACTIVE LICENSE, TO CLARIFY REGULATIONS THAT SHALL BE PROMULGATED BY THE BOARD, TO PROVIDE THAT THE DEPARTMENT SHALL INVESTIGATE COMPLAINTS AND VIOLATIONS, TO PROVIDE THAT THE PRESIDING OFFICER OF THE BOARD MAY ADMINISTER OATHS, TO PROVIDE THAT A PERSON AGGRIEVED BY A FINAL ACTION OF THE BOARD MAY SEEK AN APPEAL OF THE DECISION, TO PROVIDE THAT SERVICE OF A NOTICE OF AN APPEAL DOES NOT STAY THE BOARD'S OR THE DEPARTMENT'S DECISION PENDING COMPLETION OF THE APPELLATE PROCESS, TO CLARIFY GROUNDS FOR DENYING A LICENSE, TO CLARIFY THE INVESTIGATION PROCESS AND CERTAIN DISCIPLINARY ACTIONS, TO PROVIDE THAT AN INDIVIDUAL OR ESTABLISHMENT THAT VOLUNTARILY SURRENDERS A LICENSE MAY NOT PRACTICE AS A MASSAGE THERAPIST OR OPERATE AS A MASSAGE THERAPY ESTABLISHMENT OR SOLE PRACTITIONER ESTABLISHMENT UNTIL THE BOARD REINSTATES THE LICENSE, TO PROVIDE THAT SERVICE OF NOTICE MAY BE MADE BY LEAVING A COPY OF THE NOTICE WITH THE DIRECTOR OF THE DEPARTMENT OR HIS DESIGNEE IF AN INDIVIDUAL CANNOT BE FOUND AT HIS USUAL ABODE OR PLACE OF BUSINESS, TO PROVIDE THAT COSTS AND FINES IMPOSED ARE DUE AND PAYABLE AS REQUIRED BY THE BOARD, TO PROVIDE THAT A LICENSEE FOUND IN VIOLATION OF THE MASSAGE THERAPY PRACTICE ACT OR RELATED REGULATIONS MAY BE REQUIRED TO PAY COSTS ASSOCIATED WITH THE INVESTIGATION OF HIS CASE, TO MAKE CONFORMING CHANGES, AND TO DEFINE NECESSARY TERMS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 40-30-10 of the 1976 Code is amended to read:
"Section 40-30-10. This chapter may be cited as the SECTION 2. Section 40-30-20 of the 1976 Code is amended to read:
"Section 40-30-20. The General Assembly recognizes that the practice of SECTION 3. Chapter 30, Title 40 of the 1976 Code is amended by adding: "Section 40-30-25. Unless otherwise provided in this chapter, Article 1, Chapter 1, Title 40 applies to massage therapists, massage therapy establishments, and sole practitioner establishments licensed pursuant to this chapter; however, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, then the provisions of this chapter control." SECTION 4. Section 40-30-30(1), (5), (6), (7), and (9) of the 1976 Code is amended to read:
"(1) 'Approved
(5) 'Licensure' means the procedure by which an individual applies to the department and is granted approval to practice
(6) '
(7) '
(9) ' SECTION 5. Section 40-30-30 of the 1976 Code is amended by adding appropriately numbered new items to read: "( ) 'Client' means a person who receives massage therapy in exchange for compensation. ( ) 'Currently enrolled student' means a student who is enrolled and actively participating in an approved massage therapy school or an approved massage therapy education program. ( ) 'Entity' means a sole proprietorship, partnership, limited liability partnership, limited liability company, or other business entity or association as approved by the board. ( ) 'Licensed massage therapy supervisor' means a licensed massage therapist who has been in good standing for at least two years and who supervises a currently enrolled student. The licensed massage therapy supervisor shall be on premises observing the student and shall be available to the student for consultation and instruction. ( ) 'Massage therapy establishment' means an entity with a physical site or premises that is licensed pursuant to this chapter and employs licensed massage therapists or contracts with independent contractors to provide massage therapy to the public for compensation. ( ) 'Sole practitioner establishment' means an establishment that is licensed pursuant to this chapter in which a massage therapist who is not an employee or contractor of the massage therapy establishment provides massage therapy to the public for compensation at a specific location, including, but not limited to, a rental space or home office space." SECTION 6. Section 40-30-40 through Section 40-30-90 of the 1976 Code is amended to read:
"Section 40-30-40. (A) There is created the
(B)
(C)
(D) The Governor may remove a member of the (E) The board must meet at least twice a year. (F) Any business conducted by the board must be conducted by a majority vote of the entire membership of the board, reduced by any vacancies existing at the time. Section 40-30-50. (A) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board, pursuant to Section 40-1-50.
(B) The
(1) (2) promulgating the regulations necessary to carry out the provisions of this chapter, including, but not limited to, establishing a code of ethics to govern the conduct and practices of individuals and establishments licensed pursuant to this chapter; (3) determining the standards and qualifications for licensure pursuant to this chapter;
(4) (a) on alleged violations of this chapter and regulations promulgated pursuant to this chapter and to recommend discipline for individuals and establishments in any manner provided for in this chapter; and
(b) on licensure
Section 40-30-60. (A) The
(1)
(2)
(B) A copy of the roster must be provided upon request and the payment of a fee. Section 40-30-80. The department shall charge and collect the following fees:
(1)
(2)
(3) biennial
(7) massage therapy establishment license application fee for each location, not to exceed one hundred fifty dollars; (8) biennial massage therapy establishment license renewal fee for each location, not to exceed two hundred dollars; (9) massage therapy establishment license reinstatement fee from lapsed status for each location, not to exceed two hundred fifty dollars; (10) sole practitioner establishment license application fee, not to exceed fifty dollars; (11) biennial sole practitioner establishment license renewal fee, not to exceed one hundred dollars; and (12) sole practitioner establishment license reinstatement fee from lapsed status, not to exceed one hundred fifty dollars.
Section 40-30-90. (A) (1) a currently enrolled student from engaging in the practice of massage therapy, provided that the practice, conduct, activities, or services are part of a required course of study and that the currently enrolled student clearly identifies himself as a student. A currently enrolled student shall not be compensated for work experience and must be supervised on site by a licensed massage therapy supervisor; (2) student clinics operated by a board-approved massage therapy school or a board-approved education program; (3) massage therapy establishments and sole practitioner establishments located within the confines of a hospital, long-term health care facility, or other establishment or facility that must comply with the provisions of law and the regulation of a licensing scheme or supervising authority or agency having jurisdiction over operation and licensing; (4) an unlicensed individual from providing massage therapy services related to the domestic care of any family member or household member, as long as the individual does not offer, hold out, or claim to be a massage therapist and does not receive compensation for the massage therapy services; (5) an individual currently licensed and in good standing to practice massage therapy in another jurisdiction from engaging in the practice of massage therapy in this State on a temporary basis during a professional event for a period of no more than thirty days, or no longer than the time period of the event, whichever is less, provided that: (a) the individual must submit a written application prior to engaging in the temporary practice of massage therapy pursuant to this item, in a manner prescribed by the board. Upon the board's approval, the individual may engage in the practice of massage therapy on a temporary basis; and (b) any temporary practice beyond thirty days requires a massage therapist license, pursuant to this chapter; or (6) an individual currently licensed and in good standing to practice massage therapy in another jurisdiction from engaging in the practice of massage therapy if the individual is responding to a disaster or emergency declared by the appropriate authority or the Governor of this State. An individual practicing massage therapy pursuant to this item must provide notice to the board prior to providing massage therapy services in this State, in a manner prescribed by the board, and is only eligible to practice during the time of the declared emergency. (B) Individuals engaging in the practice of massage therapy in this State under subsection (A)(5) and (6) are deemed to have submitted to the jurisdiction of the board and are bound by the applicable laws and regulations of this State. (C) While a practitioner licensed in another jurisdiction may participate in a continuing education program in this State, he is not authorized to practice massage therapy on the general public without proper approval or licensure from the board." SECTION 7. Section 40-30-100 and Section 40-30-110 of the 1976 Code are amended to read:
"Section 40-30-100. (A) No person may practice or offer to practice massage therapy (B) Unless otherwise exempt from licensure, no person or entity may open, operate, maintain, use, or advertise as a massage therapy establishment or a sole practitioner establishment without obtaining a massage therapist license, massage therapy establishment license, or sole practitioner establishment license, as applicable, pursuant to this chapter.
(C) Nothing in this chapter may be construed to authorize (D) A person who practices or offers to practice massage therapy or a person or entity who operates a massage therapy establishment or sole practitioner establishment without a license as required by this chapter, or who knowingly submits false information for the purpose of obtaining a license, is guilty of a misdemeanor and, upon conviction, must be imprisoned for no more than one year, fined no more than fifty thousand dollars, or both. Each violation constitutes a separate offense. (E) In addition to the penalties provided in this chapter, a person may be subject to sanctions pursuant to Chapter 1, Title 40.
Section 40-30-110. (A) To be licensed
(1)
(2)
(a) (b) a massage therapy education program that is substantially equivalent to the education required in subitem (a) and is approved by the board or a board-approved credential evaluation service;
(3) (4) speak the English language as a native language or demonstrate an effective proficiency of the English language in the manner prescribed by and to the satisfaction of the board. If English is not an individual's native language, or if an individual does not demonstrate an effective proficiency of the English language in a manner prescribed by and to the satisfaction of the board, then the board may require proof that the applicant has received a passing score from the Test of English as a Foreign Language (TOEFL), Test of Spoken English (TSE) offered by TOEFL/TSE Services, or another service approved by the board. Costs of the TOEFL, TSE, or other service approved by the board shall be paid by the applicant. (B) If an individual qualifies to be licensed as a massage therapist under subsection (A), then the individual must submit: (1) a completed application on a form prescribed by the board, accompanied by a two inch by two inch photograph, and all applicable fees; (2) an official transcript demonstrating successful completion of the education required pursuant to subsection (A) and proof of passing the FSMTB or other board-approved examination; and (3) evidence of an effective proficiency in the English language, if applicable. (C) In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure to practice massage therapy, the board may require a state criminal history records check, supported by fingerprints, by the South Carolina Law Enforcement Division, and a national criminal records check, supported by fingerprints, by the Federal Bureau of Investigation. The results of these criminal records checks must be reported to the board. The South Carolina Law Enforcement Division is authorized to retain fingerprints for certification purposes and for notification to the board regarding criminal charges. Costs of conducting a criminal history records check and national criminal records check must be borne by the applicant. (D) Information received pursuant to this section shall be kept confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action." SECTION 8. Chapter 30, Title 40 of the 1976 Code is amended by adding: "Section 40-30-113. (A) To apply for the licensure of a massage therapy establishment or a sole practitioner establishment, an applicant must submit: (1) a completed application on a form prescribed by the board, accompanied by all applicable fees for each massage therapy establishment or sole practitioner establishment location; (2) the name, address, and telephone number of each owner of the massage therapy establishment or sole practitioner establishment; and (3) the physical address, mailing address, and telephone number of the premises of the massage therapy establishment or sole practitioner establishment. (B) The establishment must be organized or registered under applicable South Carolina law as an entity, as defined in this chapter. (C) Upon the board's receipt and approval of the information required by this section, the department shall conduct a pre-licensing inspection of the proposed establishment to determine whether the establishment may be licensed as a massage therapy establishment or a sole practitioner establishment. The department shall provide its determination on a form approved by the board. Section 40-30-117. The board may grant a license by endorsement to a massage therapist who holds an active massage therapist license and is in good standing in another state, the District of Columbia, or any other United States territory if the board determines that the standards for licensure are at least substantially equivalent to the licensing standards provided for in this chapter. The board may require the applicant to provide additional information or meet certain requirements provided for in this chapter as it deems necessary for issuing a license by endorsement. A National Certification Board for Therapeutic Massage and Bodywork examination taken prior to November 1, 2014 shall be acceptable." SECTION 9. Section 40-30-120 through Section 40-30-160 of the 1976 Code is amended to read:
"Section 40-30-120. (A) (B) A licensed establishment may be operated in a residence of a licensed massage therapist in accordance with procedures approved by the board. (C) If an establishment's license is revoked, then no new license may be issued to operate on the same premises for one year after the date of revocation. (D) The board may promulgate regulations to establish additional requirements and prohibitions regarding the operation of massage therapy establishments and sole practitioner establishments.
Section 40-30-130. (A) An applicant who fails an examination may be reexamined as provided by the board
(B)
Section 40-30-140. (A) If an applicant satisfies the licensure requirements and pays the applicable fees, as provided
(B) A person licensed as a massage therapist under this chapter shall display (C) A massage therapy establishment and sole practitioner establishment licensed pursuant to this chapter shall display its original license in a prominent and conspicuous place that is viewable to the general public. (1) Establishment licenses are valid only for the owners named on the licensure applications. If there is a new owner or an ownership change, then the new owner must apply for an establishment license, and all applicable requirements of this chapter must be met. (2) Establishment licenses are valid only for the location named on the initial and renewal licensure applications. If there is an address change, then the owner must notify the department within fifteen business days and must apply for an establishment license, and all applicable requirements of this chapter must be met. (3) Establishment licenses are valid only for the name of the establishment provided on the licensure and renewal applications. If there is an establishment name change, then the owner must notify the department within fifteen business days of this change. No department inspection is required.
(D) A licensee must
(E)
Section 40-30-150. (A) (B) Such inspections may include, but are not limited to, confirmation that a site is being utilized for massage therapy in accordance with its license and a determination as to whether the establishment is in compliance with this chapter and other applicable laws and regulations. (C) Failure to cooperate with departmental inspections may lead to disciplinary action, cease and desist orders, or temporary suspension pursuant to this chapter and the Administrative Procedures Act.
Section 40-30-160. (A)
(B)
(C) SECTION 10. Section 40-30-180 of the 1976 Code is amended to read:
"Section 40-30-180. (A) A person
(1) pay a renewal fee in the amount, at the time, and in the manner
(2) complete continuing education requirements prescribed by the
(B)(1) A (2) If a massage therapy establishment license or a sole practitioner establishment license lapses, then the establishment must pass an inspection by the department prior to licensure reinstatement. The establishment licensee may also be subject to additional requirements, as determined by the board. (3) A lapsed license status does not stay any disciplinary actions for violations that occurred during the course of an active license. (4) An individual or establishment may not provide massage therapy services while a license is in lapsed status.
(2) If a license is canceled pursuant to this section, then an individual may apply for a new license in accordance with this chapter and related regulations." SECTION 11. Chapter 30, Title 40 of the 1976 Code is amended by adding: "Section 40-30-185. (A) A licensee may provide a written request to the board to place a license in inactive status. If a license is placed in inactive status, then a licensee is not authorized to practice massage therapy in this State until the license is reinstated to active status. (B) A licensee holding a license in inactive status must biennially renew the license to retain inactive status. A license may remain in inactive status for an indefinite time. (C) A license may be reactivated from inactive status in a manner provided by the board. (D) Inactive status does not stay any disciplinary actions for violations that occurred during the course of an active license." SECTION 12. Section 40-30-190 through Section 40-30-260 of the 1976 Code is amended to read:
"Section 40-30-190. The (1) continuing education requirements and compliance procedures:
(a) for license renewal or reinstatement, not to exceed twelve
(b) for license (2) criteria for the evaluation and approval of continuing education hours, programs, or courses including, but not limited to, correspondence courses and electronic courses.
Section 40-30-200. (A)
(B) The presiding officer of the board may administer oaths if taking testimony concerning any matters pertaining to the business or duties of the board. If after investigation it appears that probable cause exists for a hearing, a time and a place must be set by the (C) A person aggrieved by a final action of the board may seek an appeal of the decision in accordance with Section 40-1-160. (D) Service of a notice of appeal does not stay the board's or the department's decision pending completion of the appellate process.
Section 40-30-220. (A) If the
(B) A
Section 40-30-230. (A) In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant or may take disciplinary action against an individual or entity (1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for licensure pursuant to this chapter;
(2) has had his
(3) has violated a provision of this chapter, a regulation promulgated pursuant to this chapter, or an order of the department or the (4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation or conspiracy to violate this chapter or a regulation promulgated pursuant to this chapter;
(5) has intentionally used a fraudulent statement in a document connected to the practice of (6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances;
(7) lacks the professional or ethical competence to practice
(8) has been convicted of or has pled guilty to or nolo contendere to
(9) has practiced (10) has sustained a physical or mental disability, as determined by a physician that renders further practice by the licensee dangerous to the public; (11) has engaged in or has assisted another to engage in unlicensed practice as provided in this chapter; (12) has presented another licensee's license as his own or has falsely impersonated another license holder; (13) has allowed the use of a license by an unlicensed individual or entity; or (14) has used or attempted to use a license that has been revoked, suspended, or otherwise restricted from active licensure. (B) The board may not deny an individual a license under this chapter solely because of a prior criminal conviction unless the criminal conviction directly relates to the practice of massage therapy. However, the board may refuse to issue a license under this chapter, based upon all information available, including the applicant's record of prior convictions, if it finds that the applicant is unfit or unsuited to engage in the practice of massage therapy, pursuant to Section 40-1-140.
Section 40-30-240. If investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-30-230
(1) require an applicant or licensee to submit to a mental or physical examination including a drug test by
(2) obtain records of an examination required by item (1) specifically relating to the mental or physical condition of an applicant or licensee who is the subject of an investigation and these records are admissible in a hearing before the
Section 40-30-250. (A) Upon a determination by the (1) issue a nondisciplinary letter of caution; (2) issue a private reprimand; (3) issue a public reprimand;
(4) impose a fine not to exceed five (5) place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension, respectively including, but not limited to, satisfactory completion of additional education of a supervisory period or of continuing education programs as may be specified; (6) temporarily or permanently revoke the license.
(B) A decision by the
(C) Except for a private reprimand, a final order of the
Section 40-30-260. (A) A licensee who is under investigation for misconduct,
(B) Surrendering a license must not be considered an admission of guilt in a proceeding held pursuant to this chapter. However, surrendering a license does not preclude the SECTION 13. Section 40-30-280 through Section 40-30-300 of the 1976 Code is amended to read: "Section 40-30-280. (A) Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the Director of the Department of Labor, Licensing and Regulation or his designee a copy of the notice and any accompanying documents. A copy of the notice, accompanying documents, and a certified copy of the service on the director or his designee must be mailed to the licensee at his last known address, return receipt requested. The director or his designee shall keep a record of the day of the service of the notice, and the return receipt must be attached to and made a part of the return of service of the notice by the department. (B) A continuance may be given in any hearing under this chapter for which notice is given pursuant to this section so as to afford the licensee a reasonable opportunity to appear and be heard.
Section 40-30-290. (A) All costs and fines imposed under Section 40-30-250 and Section 40-30-160 are due and payable as required by the board. Failure to pay costs and fines may result in action pursuant to Section 40-1-180
(B)
Section 40-30-300. (A) Every communication, whether oral or written, made by or on behalf of an individual or an establishment, to the director, his designee, or the (B) Investigations conducted under this chapter are confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action.
(C) Nothing in this chapter may be construed to prohibit the respondent or his SECTION 14. Section 40-30-320 of the 1976 Code is amended to read:
"Section 40-30-320. Nothing in this chapter may be construed to prevent the teaching of SECTION 15. Section 40-30-170, Section 40-30-270, and Section 40-30-310 of the 1976 Code are repealed. SECTION 16. This act takes effect upon approval by the Governor.
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