The Committee on Labor, Commerce and Industry proposed the following amendment (227R001.KMM.TCA):
Amend the bill, as and if amended, on page 6, by striking line 10 and inserting:
/ seven members appointed by the Governor, upon the advice and consent of the Senate. Six members must be /
Amend the bill further, as and if amended, on page 7, by striking lines 12 through 15 and inserting:
/ (2) recommending to the department 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; /
Amend the bill further, as and if amended, beginning on page 8, by striking lines 41 through 42, on page 9, by striking lines 1 through 43, on page 10, by striking lines 1 through 43, and on page 11, by striking lines 1 through 33 and inserting:
/ Section 40-30-80. The department shall charge and collect the following fees:
(1) massage/bodywork massage therapist initial license application fee, not to exceed one hundred fifty dollars;
(2) massage/bodywork massage therapist initial licensure endorsement application fee, not to exceed one two hundred dollars;
(3) biennial massage/bodywork massage therapist licensure renewal fee, not to exceed two one hundred dollars;
(4) massage/bodywork therapist reexamination fee, not to exceed two hundred fifty dollars;
(5) application and provisional massage/bodywork therapist licensure fee, not to exceed two hundred dollars;
(6) reinstatement application and reactivation for inactive fee from lapsed status of a massage/bodywork massage therapist license fee, not to exceed two hundred fifty ten dollars;
(7)(5) renewal fee for inactive status of a massage therapist license, not to exceed two one hundred fifty dollars;
(8)(6) continuing education course provider fee, not to exceed one hundred dollars and continuing education course provider renewal fee, not to exceed fifty dollars;
(7) massage therapy establishment initial 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 one 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 initial license application fee, not to exceed seventy-five dollars;
(11) biennial sole practitioner establishment license renewal fee, not to exceed fifty dollars; and
(12) sole practitioner establishment license reinstatement fee from lapsed status, not to exceed one hundred fifty dollars.
Secti on 40-30-90. (A) The department shall prepare and submit to the Governor an annual report on the administration of this chapter This chapter shall not be construed to apply to or restrict:
(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 an approved massage therapy school or an approved massage therapy education program;
(3) 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;
(4) 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
(5) 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 in a manner prescribed by the board prior to providing massage therapy services in this State 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)(4) or (5) 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.
(D) The following facilities and practices that employ licensed massage therapists, or that engage licensed massage therapists on an independent contractor basis, are not required to obtain a massage therapy establishment license, or a sole practitioner establishment license:
(1) hospitals and long-term health care facilities that are subject to a licensing regime, a supervising authority, or an agency with jurisdiction over the hospital's or facility's operation or licensing;
(2) a chiropractor licensed by the South Carolina Board of Chiropractic Examiners,
(3) a medical doctor or an osteopath licensed by the South Carolina Board of Medical Examiners, and
(4) a physical therapist licensed by the South Carolina Board of Physical Therapy.
Section 40-30-100. (A)N o person may practice or offer to practice massage therapy massage/bodywork without a license issued in accordance with this chapter by the director; however, a person licensed by the State under this title or any other provision of law whose scope of practice overlaps with the practice of massage/bodywork massage therapy is not also required to be licensed under this chapter unless the person holds himself out to be a practitioner of massage/bodywork massage therapist.
(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 a massage/bodywork therapist an individual or establishment licensed under this chapter to practice physical therapy or chiropractic or to utilize chiropractic therapeutic modalities except where the scope of practice for massage/bodywork massage therapy, as provided for in this chapter, overlaps with the practice of physical therapy or chiropractic. /
Amend the bill further, as and if amended, on page 16, by striking lines 33 through 41 and inserting:
/ (B) The record of department proceedings and its registry of applications must be open to public inspection and a copy of the registry must be provided upon request and payment of a fee For each violation, separate citations may be issued, and separate administrative penalties may be assessed; however, no more than five thousand dollars in administrative penalties may be assessed against an establishment or an individual, including an unlicensed practice, per offense. Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal. /
Amend the bill further, as and if amended, on page 20, by striking lines 41 through 43, and on page 21, by striking lines 1 through 18 and inserting:
/ (8) has been convicted of or has pled guilty to or nolo contendere to a violent crime as defined in Section 16-1-60, during the previous five years has been convicted of or has pled guilty to or nolo contendere to a felony that directly relates to the practice or ability to practice massage/bodywork, or during the previous seven years has been convicted of or has pled guilty to or nolo contendere to a felony, an essential element of which is dishonesty, that reasonably relates to the ability to practice massage/bodywork solicitation or prostitution, assault and battery, or other like offenses; to money laundering or other like offense; to a crime that directly relates to the practice or ability to practice massage therapy; to a crime involving moral turpitude; or to a violent crime as defined in Section 16-1-60, a felony that directly relates to the practice or ability to practice massage therapy during the previous five years, or a felony that reasonably relates to the ability to practice massage therapy and for which an essential element is dishonesty during the previous seven years; /
Amend the bill further, as and if amended, on page 21, by striking line 35.
Amend the bill further, as and if amended, by striking SECTION 3 in its entirety and inserting:
/SECTION3. This act takes effect one year after approval by the Governor. /