Current Status Bill Number:3286 Ratification Number:156 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970122 Primary Sponsor:Sharpe All Sponsors:Sharpe Drafted Document Number:egm\18538ac.97 Date Bill Passed both Bodies:19970603 Date of Last Amendment:19970527 Governor's Action:V Date of Governor's Action:19970610 Action on Governor's Veto:S Subject:Massage\bodywork therapy applicant, licensure requirements; Masseurs and Masseuses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970617 Veto sustained
------ 19970610 Vetoed by Governor
------ 19970604 Ratified R156
House 19970603 Concurred in Senate amendment,
enrolled for ratification
Senate 19970529 Read third time, returned to House
with amendment
Senate 19970527 Read second time
Senate 19970527 Committee amendment adopted
Senate 19970522 Committee report: Favorable with 12 SLCI
amendment
Senate 19970318 Introduced, read first time, 12 SLCI
referred to Committee
House 19970314 Read third time, sent to Senate
House 19970313 Amended, read second time,
unanimous consent for third reading
on Friday, 19970314
House 19970312 Committee report: Favorable with 27 H3M
amendment
House 19970122 Introduced, read first time, 27 H3M
referred to Committee
View additional legislative information at the LPITS web site.
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT THE FINAL VERSION.
(Rxxx, H3286)
AN ACT TO AMEND SECTIONS 40-30-40 AND 40-30-65, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADVISORY PANEL AND DISCIPLINARY PANEL, RESPECTIVELY, FOR MASSAGE/BODYWORK, SO AS TO ALLOW A MEMBER OF EITHER PANEL TO SERVE MORE THAN TWO TERMS AND TO REQUIRE COMPENSATION FOR PANEL MEMBERS AS AUTHORIZED FOR MEMBERS OF BOARDS AND COMMISSIONS; TO AMEND SECTION 40-30-80, AS AMENDED, RELATING TO FEES SO AS TO PROVIDE FOR APPLICATION, RENEWAL, AND LATE FEES; TO AMEND SECTION 40-30-180, RELATING TO MASSAGE/BODYWORK LICENSE RENEWAL, SO AS TO PROVIDE REACTIVATION PROCEDURES WHEN CONTINUING EDUCATION REQUIREMENTS ARE NOT MET FOR RENEWAL; TO AMEND SECTION 40-30-220, RELATING TO RESTRAINING ORDERS, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT RATHER THAN RULES OF CIVIL PROCEDURE APPLIES WHEN SEEKING AN ORDER; SECTION 40-30-310, RELATING TO VIOLATIONS OF THE CHAPTER, SO AS TO PROVIDE THAT AN ACTION FOR INJUNCTIVE RELIEF MAY BE BROUGHT THROUGH THE ADMINISTRATIVE LAW JUDGE DIVISION RATHER THAN CIRCUIT COURT; TO AMEND ACT 387 OF 1996, RELATING TO GRANDFATHERING PROVISIONS FOR MASSAGE/BODYWORK THERAPISTS, SO AS TO PROVIDE FOR THE WAIVER OF THE EXAMINATION UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE THAT INITIAL PANEL APPOINTEES ARE NOT REQUIRED TO BE LICENSED TO PRACTICE MASSAGE/BODYWORK UNTIL JANUARY 1, 1998, IF OTHER REQUIREMENTS ARE MET.
Be it enacted by the General Assembly of the State of South Carolina:
Panel members terms
SECTION 1. Section 40-30-40(C) of the 1976 Code, as last amended by Act 387 of 1996, is further amended to read:
"(C) Members serve a term of four years and until their successors are appointed and qualify. A vacancy on the advisory panel must be filled in the manner of the original appointment for the remainder of the unexpired term."
Compensation
SECTION 2. Section 40-30-40 of the 1976 Code, as last amended by Act 387 of 1996, is further amended by adding at the end:
"(E) Members of the advisory panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided for in Section 40-1-50."
Panel members terms
SECTION 3. Section 40-30-65(C) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(C) Members serve a term of two years and until their successors are appointed and qualify. A vacancy on the disciplinary panel must be filled in the manner of the original appointment for the remainder of the unexpired term."
Compensation
SECTION 4. Section 40-30-65(E) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(E) Members of the disciplinary panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided for in Section 40-1-50."
Fees
SECTION 5. Section 40-30-80(8) of the 1976 Code, as last amended by Act 387 of 1996, is further amended to read:
"(8) continuing education course provider fee application, not to exceed one hundred dollars and continuing education course provider renewal fee, not to exceed fifty dollars;
(9) continuing education course initial application fee, not to exceed one hundred dollars and continuing education course renewal fee, not to exceed fifty dollars;
(10) late renewal fee, not to exceed fifty dollars."
License renewal
SECTION 6. Section 40-30-180 of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(A) A person licensed under this chapter biennially must satisfy these license renewal requirements in order to continue practicing massage/bodywork therapy:
(1) pay a renewal fee in the amount, at the time, and in the manner as the department provides in regulation;
(2) submit evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-30-190.
A massage/bodywork therapist's license may be renewed in inactive status if the massage/bodywork therapist fails to timely comply with the continuing education requirements provided for in this subsection and only may be reactivated upon application and payment of any fees and after having met any additional requirements which the department may establish in regulation including, but not limited to, continuing education requirements.
(B) A license which has been inactive for more than four years automatically expires if the person has not made application for reactivation of the license. An expired license is null and void without any further action by the department."
Controlling procedures for injunctive relief
SECTION 7. Section 40-30-220(B) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(B) In accordance with the Administrative Procedures Act, the disciplinary panel or the department also may seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated under this chapter."
Jurisdiction over actions for injunctive relief
SECTION 8. Section 40-30-310(B) of the 1976 Code, as added by Act 387 of 1996, is amended to read:
"(B) The department may institute civil action through the Administrative Law Judge Division, in the name of the State, for injunctive relief against any person violating the provisions of this chapter or the regulations or orders of the department or disciplinary panel. For
each violation, the court may in its discretion, impose a fine of no more than one thousand dollars."
Grandfather provisions
SECTION 9. Section 2 of Act 387 of 1996 is amended to read:
"Section 2. Notwithstanding Section 40-30-110 of the 1976 Code, as added by Section 1 of this act, if an applicant for licensure as a massage/bodywork therapist does not meet the approved educational requirements and/or has not passed the National Certification Exam or any other national examination for massage/bodywork therapy that meets the requirements of this chapter and has been certified by the National Commission for Certifying Agencies, at the time this act goes into effect, then for a period of one year after the effective date of this act, the department permanently may waive the educational and examination requirements and allow a provisional license to be issued for a period of one year if the applicant:
(a) was practicing in the State on or before June 4, 1997;
(b) provides documentation of at least one hundred twenty-five hours of massage/bodywork experience and/or training within a one-year period before application is made must be provided to the department in the manner and form as the department may require; and
(c) submits three letters of reference from sources approved by the department attesting to the professional qualifications and competence of the applicant.
If within one year after the provisional license is issued, the applicant submits evidence of compliance with continuing education requirements prescribed by the department in accordance with Section 40-30-190, a nonprovisional renewal license may be issued."
Credentials for initial panel appointees
SECTION 10. The professional members initially appointed to the advisory panel authorized in Section 40-30-40 of the 1976 Code and to the disciplinary panel authorized in Section 40-30-65 of the 1976 Code may serve without being licensed to practice massage/bodywork therapy in South Carolina at the time of the appointments if these members meet the other qualifications prescribed; however, these members must obtain a license to practice massage/bodywork therapy in South Carolina before January 1, 1998. If a member initially appointed to the advisory panel or disciplinary panel does not obtain a South Carolina license for the practice of massage/bodywork therapy before January 1, 1998, the appointment is vacated, and another member must be appointed to fill the vacancy.
Chapter application
SECTION 11. Notwithstanding the provisions of Title 40, Chapter 30 of the 1976 Code, as amended by this act, until June 4, 1998, Title 40, Chapter 30 applies only to persons licensed to practice massage/bodywork.
Time effective
SECTION 12. This act takes effect June 4, 1997.
In the Senate House _________________________________________.
_____________________________________________
President of the Senate
_____________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________, 1997.
_____________________________________________
Governor
Printer's Date -- June 4, 1997 -- S.