Massage therapists regulated.
Terms in this Act mean:
Any member of the board may resign by giving written notice to the board and to
the Governor. Resignations are effective when delivered to the Governor and the board.
The board shall select a president, vice-president, and secretary at its annual
meeting. The board may hire an executive secretary to perform any managerial, clerical, or other
duties directed by the board.
The board shall hold an annual meeting at a place and time set by the board. The
board may hold special meetings at a time and place set by the president or a majority of the board
by giving written notice to the board prior to the meeting.
Three board members present at any meeting constitute a quorum. No board action
may occur unless approved by a majority vote of the entire board.
Board members shall receive a per diem set pursuant to
4-7-10.4 and expenses at
the same rate as other state employees while actually engaged in official duties.
Any person engaged in the practice of massage in this state shall conspicuously
display a valid license or certified duplicate license from the board in the person's place of
Any fees and civil penalties collected under this Act shall be used for the operation
of the board and the implementation of this Act.
Any person who engages in the practice of massage or holds himself or herself out
to the public as engaged in the practice of massage without a license pursuant to this Act is guilty
of a Class 1 misdemeanor and upon conviction the court shall assess a civil penalty of one
thousand dollars payable to the board. The state or the board may file a civil action to enjoin any
person engaging in the practice of massage without a license.
Any person who advertises services to the public as a massage therapist, bodywork
therapist, masseur, masseuse, massagist, or any derivation or abbreviation of those terms or any
other term commonly recognized to mean the practice of massage therapy while not licensed under
this Act is guilty of a Class 1 misdemeanor. Upon conviction the court shall assess a civil penalty
of one thousand dollars payable to the board. The state or the board may file a civil action to enjoin
any person from violating this section.
The board may issue a license to engage in the practice of massage to any person
who submits an application form and the nonrefundable application fee as approved in section 17
of this Act and who demonstrates the following qualifications:
For the purposes of this Act, any of the following acts constitute unprofessional
Any person holding a valid license to practice massage from another state whose
requirements for licensure are not less restrictive than this state is not required to take the
examination for licensure. Any person applying for a license under this section shall submit an
application as required by section 12 of this Act along with proof of a current license. This section
applies only to persons holding licenses from states which offer reciprocity to persons licensed by
Any person holding a valid license under this Act may renew that license by paying
the required renewal fee and providing proof of compliance with the continuing education
requirements set by the board at least thirty days prior to the expiration of the current license. Any
person who submits a license renewal late shall submit a seventy-five dollar late fee. Any person
whose license has lapsed shall reapply for a license.
Any applicant for a license under this Act shall submit a nonrefundable application
fee of one hundred dollars. Any person who has a license issued or renewed by the board shall
submit a license fee in an amount set by the board, but not to exceed three hundred dollars.
Any person holding a valid license under this Act may obtain a certified duplicate
license by submitting a fee of twenty-five dollars for each certified duplicate.
Any person licensed under this Act shall complete continuing education relating
to competence in the practice of massage on an annual basis in an amount, type, and from a facility
or instructor approved by the board. The board may waive the continuing education requirement
upon proof of illness or hardship.
The board may inspect the place of business of any person with a license issued
pursuant to this Act during normal business hours or upon written notice.
Any person holding a valid license under this Act and engaged in the practice of
massage therapy shall carry professional liability insurance coverage with limits at or in excess of
the minimum amount established by the board.
The board may cancel, suspend, or revoke a license following a contested case
hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional
conduct, or a violation of any provision of this Act. The board may waive the requirement of prior
notice and an informal meeting set forth in
1-26-29 if the licensee presents an immediate threat
to the public or has engaged in willful misconduct. Any person may appeal the cancellation,
suspension, or revocation of a license in compliance with chapter 1-26.
Any person whose license has been cancelled, suspended, or revoked by the board
may not reapply for a license until one year after it was cancelled, suspended, or revoked unless
a different time has been set by the board.
The board may promulgate rules pursuant to chapter 1-26 in the following areas: