H*3785 Session 111 (1995-1996)
H*3785(Rat #0474, Act #0387 of 1996) General Bill, By Sharpe, Allison, Bailey,
J. Brown, Cato, Dantzler, Davenport, Easterday, Fair, Fleming, J.L. Harris,
Harrison, Haskins, J. Hines, H.G. Hutson, Knotts, Limehouse, Littlejohn, Mason,
Meacham, Moody-Lawrence, J.H. Neal, Neilson, Rice, Richardson, Riser, Sandifer,
J.S. Shissias, R. Smith, Stille, Tripp, Vaughn, Walker, Whatley, Witherspoon,
S.S. Wofford, D.A. Wright and Young-Brickell
A Bill to amend Chapter 30, Title 40, Code of Laws of South Carolina, 1976,
relating to masseurs and masseuses, to enact the Massage/Bodywork Practice Act
so as to establish licensure and regulation by the Department of Labor,
Licensing and Regulation and to provide license renewal requirements for
massage/bodywork therapists; to define acts of misconduct and to provide
disciplinary action and procedures for misconduct, and to provide
penalties.-amended title
03/14/95 House Introduced and read first time HJ-127
03/14/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-127
04/19/95 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-5
04/26/95 House Amended HJ-31
04/26/95 House Read second time HJ-46
04/27/95 House Read third time and sent to Senate HJ-7
05/01/95 Senate Introduced and read first time SJ-22
05/01/95 Senate Referred to Committee on Medical Affairs SJ-22
05/18/95 Senate Recalled from Committee on Medical Affairs SJ-118
01/16/96 Senate Retaining place on calendar recommitted to
Committee on Medical Affairs SJ-10
04/10/96 Senate Committee report: Favorable with amendment
Medical Affairs SJ-15
05/09/96 Senate Read second time SJ-65
05/09/96 Senate Ordered to third reading with notice of
amendments SJ-65
05/14/96 Senate Amended SJ-99
05/15/96 Senate Amended SJ-21
05/15/96 Senate Read third time and returned to House with
amendments SJ-21
05/23/96 House Concurred in Senate amendment and enrolled HJ-53
05/30/96 Ratified R 474
06/04/96 Signed By Governor
06/04/96 Effective date 06/04/97 (This Act takes effect
one year after approval by the Governor)
06/14/96 Copies available
06/14/96 Act No. 387
(A387, R474, H3785)
AN ACT TO AMEND CHAPTER 30, TITLE 40, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND
MASSEUSES, TO ENACT THE MASSAGE/BODYWORK PRACTICE
ACT SO AS TO ESTABLISH LICENSURE AND REGULATION BY
THE DEPARTMENT OF LABOR, LICENSING AND REGULATION
AND TO PROVIDE LICENSE RENEWAL REQUIREMENTS FOR
MASSAGE/BODYWORK THERAPISTS; TO DEFINE ACTS OF
MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND
PROCEDURES FOR MISCONDUCT, AND TO PROVIDE
PENALTIES.
Be it enacted by the General Assembly of the State of South
Carolina:
Massage/Bodywork Practice Act; administrative licensure and
regulation
SECTION 1. Chapter 30, Title 40 of the 1976 Code is amended to
read:
"CHAPTER 30
Massage/Bodywork Practice Act
Section 40-30-10. This chapter may be cited as the
Massage/Bodywork Practice Act.
Section 40-30-20. The General Assembly recognizes that the practice
of massage/bodywork is potentially harmful to the public in that
massage/bodywork therapists must have a knowledge of anatomy,
kinesiology, and physiology and an understanding of the relationship
between the structure and the function of the tissues being treated and the
total function of the body. Massage/bodywork is therapeutic, and
regulations are necessary to protect the public from unqualified
practitioners. It is, therefore, necessary in the interest of public health,
safety, and welfare to regulate the practice of massage/bodywork in this
State. However, restrictions must be imposed to the extent necessary to
protect the public from significant and discernible danger to health and
yet not in such a manner which will unreasonably affect the competitive
market. Further, consumer protection for both health and economic
matters must be afforded the public through legal remedies provided for
in this chapter.
Section 40-30-30. As used in this chapter:
(1) `Advisory panel' means the Advisory Panel for
Massage/Bodywork under the Department of Labor, Licensing and
Regulation.
(2) `Approved massage/bodywork school' means a facility which
meets minimum standards for training and curriculum as determined by
regulation of the department.
(3) `Department' means the Department of Labor, Licensing and
Regulation.
(4) `Director' means the Director of the Department of Labor,
Licensing and Regulation.
(5) `Disciplinary panel' means the Disciplinary Panel for
Massage/Bodywork under the Department of Labor, Licensing and
Regulation.
(6) `Hydrotherapy' means the use of water, vapor, or ice for
treatment of superficial tissues.
(7) `Licensure' means the procedure by which a person applies to
the department and is granted approval to practice
massage/bodywork.
(8) `Massage/bodywork therapy' means the application of a system
of structured touch of the superficial tissues of the human body with the
hand, foot, arm, or elbow whether or not the structured touch is aided by
hydrotherapy, thermal therapy, a massage device, human hands, or the
application to the human body of an herbal preparation.
(9) `Massage/bodywork therapist' means a person licensed as
required by this chapter, who administers massage/bodywork therapy for
compensation.
(10) `Massage device' means a mechanical device which mimics or
enhances the actions possible by the hands by means of vibration.
(11) `Thermal therapy' means the use of ice or a heat lamp or moist
heat on superficial tissues.
Section 40-30-40. (A) There is created the Advisory Panel for
Massage/Bodywork under the Department of Labor, Licensing and
Regulation. The advisory panel consists of five members appointed by
the Governor with the advice and consent of the Senate. The members
of the advisory panel must be licensed massage/bodywork therapists and
must have been engaged in the practice of massage/bodywork for not
fewer than three consecutive years before appointment to the advisory
panel and must be appointed by the Governor. Each advisory panel
member must be a high school graduate or shall have received a graduate
equivalency diploma. Each advisory panel member must be a citizen of
the United States and a resident of this State for not fewer than five
years.
(B) Nominations for appointment to the advisory panel may be
submitted to the Governor from any individual, group, or association.
(C) Members serve a term of four years and until their successors are
appointed and qualify. No member may serve more than two full or
partial terms. A vacancy on the advisory panel must be filled in the
manner of the original appointment for the remainder of the unexpired
term.
(D) The Governor may remove a member of the advisory panel in
accordance with Section 1-3-240.
Section 40-30-50. The duties of the advisory panel are to advise the
department in the development of regulations, statutory revisions, and
such other matters as the department may request in regard to the
administration of this chapter.
Section 40-30-60. (A) In accordance with Section 40-73-15, the
Director of the Department of Labor, Licensing and Regulation may
employ and establish compensation for personnel the director considers
necessary and appropriate for the administration of this chapter.
(B) Duties must be prescribed by the director and may include, but
are not limited to:
(1) maintaining and preserving records;
(2) receiving and accounting for all monies received by the
department;
(3) issuing necessary notices to licensees;
(4) determining the eligibility of applicants for examination and
licensure;
(5) examining applicants for licensure including, but not limited
to:
(a) prescribing the subjects, character, and manner of licensing
examinations;
(b) preparing, administering, and grading the examination or
contracting for the preparation, administration, or grading of the
examination. Professional testing services may be utilized to formulate
and administer any examinations required by the department;
(6) license and renew the licenses of qualified applicants;
(7) evaluate and approve continuing education course hours and
programs;
(8) promulgate regulations to carry out this chapter including, but
not limited to, establishing a code of ethics to govern the conduct and
practices of persons licensed under this chapter.
Section 40-30-65. (A) There is created a Disciplinary Panel for
Massage/Bodywork under the Department of Labor, Licensing and
Regulation. The disciplinary panel consists of five members appointed
by the Governor with the advice and consent of the Senate. Three of the
members of the disciplinary panel must be licensed massage/bodywork
therapists and must have been engaged in the practice of
massage/bodywork for not fewer than three consecutive years before
appointment and must practice in this State. Two members of the
disciplinary panel must be members of the general public who are not
licensed massage/bodywork therapists and must not have any financial
interest, direct or indirect, in the profession of massage/bodywork
therapy. Each disciplinary panel member must be a high school graduate
or shall have received a graduate equivalency diploma. Each disciplinary
panel member must be a citizen of the United States and a resident of
this State for not fewer than five years.
(B) Nominations for appointment to the disciplinary panel may be
submitted to the Governor from any individual, group, or association.
(C) Members serve a term of two years and until their successors are
appointed and qualify. No member may serve more than two full or
partial terms. A vacancy on the disciplinary panel must be filled in the
manner of the original appointment for the remainder of the unexpired
term.
(D) Before entering upon the discharge of the duties of the office, a
disciplinary panel member shall take and file with the Secretary of State
in writing an oath to perform the duties of the office as a member of the
disciplinary panel and to uphold the Constitution of this State and the
United States.
(E) Members of the disciplinary panel must be compensated for their
services at the usual rate for mileage, subsistence, and per diem as
provided by law for members of state boards, committees, and
commissions and must be reimbursed for actual and necessary expenses
incurred in connection with and as a result of their work as members of
the disciplinary panel. Compensation and reimbursements paid to
disciplinary panel members under this subsection must be paid as an
expense of the disciplinary panel in the administration of this chapter.
(F) The Governor may remove a member of the disciplinary panel in
accordance with Section 1-3-240.
Section 40-30-70. The disciplinary panel shall:
(1) conduct hearings on alleged violations of this chapter and
regulations promulgated under this chapter;
(2) mediate consumer complaints, where appropriate and
possible;
(3) discipline persons licensed under this chapter in any manner
provided for in this chapter.
Section 40-30-80. (A) The department shall charge and collect the
following fees:
(1) massage/bodywork therapist application, not to exceed fifty
dollars;
(2) massage/bodywork therapist initial licensure fee, not to exceed
one hundred dollars;
(3) biennial massage/bodywork therapist licensure renewal fee, not
to exceed two 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) application and reactivation for inactive status of a
massage/bodywork therapist license fee, not to exceed two hundred fifty
dollars;
(7) renewal fee for inactive status, not to exceed two hundred fifty
dollars;
(8) continuing education course provider fee, not to exceed one
hundred dollars and continuing education course provider renewal fee,
not to exceed fifty dollars.
Section 40-30-90. The department shall prepare and submit an annual
report on the administration of this chapter in accordance with Section
40-73-20.
Section 40-30-100. No person may practice 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 is not also required to be licensed under this chapter
unless the person holds himself out to be a practitioner of
massage/bodywork. Nothing in this chapter may be construed to
authorize a massage/bodywork therapist 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, as provided for in this chapter, overlaps with the
practice of physical therapy or chiropractic.
Section 40-30-110. To be licensed by the department as a
massage/bodywork therapist a person must:
(1) be at least eighteen years of age and have received a high school
diploma or graduate equivalency diploma;
(2) have completed a five hundred hour course of supervised study
at an approved massage/bodywork school having a curriculum that meets
the standards as set forth in regulation by the department; and
(3) have received a passing grade on the National Certification
Exam for Therapeutic Massage and Bodywork, or any other national
examination for massage/bodywork therapy that meets the educational
requirements of this chapter and have been certified by the National
Commission for Certifying Agencies, or an examination that meets the
standards recommended by the advisory panel as set forth in regulation
by the department.
Section 40-30-120. An application for licensure must be made in
writing under oath on a form prescribed by the department and
accompanied by all applicable fees.
Section 40-30-130. (A) An applicant who fails an examination may
be reexamined as provided by the department in regulation.
(B) A licensing examination must be conducted so that the applicant
is known to the department by number until the examination is completed
and the proper grade determined. An accurate record of each
examination must be made and filed with all examination papers with the
director of the department and must be kept for reference and inspection
for a period of not fewer than two years immediately following the
examination.
Section 40-30-140. (A) If an applicant satisfies the licensure
requirements and pays the applicable fees as provided for in this chapter,
the department shall issue a license to the applicant. A license is a
personal right and not transferable and the issuance of a license is
evidence that the licensee is entitled to all rights and privileges of a
massage/bodywork therapist while the license remains current and
unrestricted.
(B) A person licensed under this chapter shall display the license in a
prominent and conspicuous place in the person's place of business and
shall include the number of the license in an advertisement of
massage/bodywork services appearing in a newspaper, airwave
transmission, telephone directory, or other advertising medium.
(C) Only a person licensed under this chapter may use the title of
`massage/bodywork therapist'.
(D) Under conditions established by the department in regulation the
department may issue a provisional license to applicants meeting these
requirements.
(E) A duplicate license may be issued to a licensee by the department
in accordance with regulations promulgated by the department and upon
payment of a fee.
Section 40-30-150. The department shall issue a license to a person
who holds an active license in another state if the standards for licensure
in that state are at least the substantial equivalent to the licensing
standards provided for in this chapter, and the person satisfies any other
requirements the department may prescribe in regulation.
Section 40-30-160. (A) The department shall keep a record of its
proceedings and a registry of all applications for licensure. The register
shall show the name, age, and last known address of each applicant, the
place of business of the applicant, the education, experience, and other
qualifications of the applicant, type of examination required, whether or
not a license was granted, whether or not the applicant was denied a
license, the date of the action of the department, and other information
considered necessary by the department.
(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.
(C) Records of the department and its registry are prima facie
evidence of its proceedings and a transcript certified by the director under
seal is admissible as evidence with the same force and effect as the
original.
Section 40-30-170. Annually the department shall prepare and publish
a roster containing the names and places of businesses of all persons
licensed under this chapter. A copy of the roster must be provided upon
request and upon payment of a fee.
Section 40-30-180. (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 automatically reverts to
inactive status if the massage/bodywork therapist fails to timely comply
with this subsection and only may be reinstated 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 renewal
of the license. An expired license is null and void without any further
action by the department.
Section 40-30-190. The department shall promulgate regulations
establishing continuing education requirements and criteria for the
approval of continuing education programs or courses including, but not
limited to, correspondence courses for:
(1) license renewal not to exceed twelve classroom hours per
biennium;
(2) reinstating an inactive license, not to exceed six classroom hours
for each year the license was inactive.
Section 40-30-200. If the director has reason to believe that a person
licensed under this chapter has become unfit to practice
massage/bodywork therapy or has violated a provision of this chapter or
a regulation promulgated under this chapter or if a written complaint is
filed with the director charging the licensee with the violation of a
provision of this chapter or a regulation, the director shall initiate an
investigation in accordance with procedures established by the department
in regulation. If after investigation it appears that probable cause exists
for a hearing, a time and a place must be set by the disciplinary panel for
a hearing to determine whether disciplinary action must be taken against
the licensee. Notice must be given and the hearing conducted in
accordance with the Administrative Procedures Act.
Section 40-30-210. For the purpose of a proceeding under this
chapter, the disciplinary panel may administer oaths and upon its own
motion or upon request of any party, shall subpoena witnesses, compel
their attendance, take evidence, and require the production of any matter
which is relevant to the investigation including, but not limited to, the
existence, description, nature, custody, condition, and location of any
books, documents, or other tangible items and the identity and location of
persons having knowledge of relevant facts or any other matter
reasonably calculated to lead to the discovery of material evidence.
Upon failure to obey a subpoena or to answer questions propounded by
the disciplinary panel, the disciplinary panel may apply pursuant to the
Administrative Procedures Act to an administrative law judge for an
order requiring the person to appear before the disciplinary panel and to
produce documentary evidence and give other evidence concerning the
matter under inquiry.
Section 40-30-220. (A) When the disciplinary panel or the department
has reason to believe that a person is violating or intends to violate a
provision of this chapter or a regulation promulgated under this chapter,
in addition to all other remedies, it may order the person to immediately
cease and desist from engaging in the conduct. If the person is practicing
massage/bodywork without being licensed under this chapter the
disciplinary panel or the department also may apply to an administrative
law judge for a temporary restraining order prohibiting the unlawful
practice. The administrative law judge may issue a temporary restraining
order ex parte and the disciplinary panel or the department is not required
to:
(1) post a bond;
(2) establish the absence of an adequate remedy at law;
(3) establish that irreparable damage would result from the
continued violation.
No disciplinary panel member nor the Director of the Department of
Labor, Licensing or Regulation nor any other employee of the
department may be held liable for damages resulting from a wrongful
temporary restraining order.
(B) In accordance with the South Carolina Rules of Civil Procedure,
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.
Section 40-30-230. The following constitute misconduct and are
grounds for the department denying initial licensure to or the disciplinary
panel taking disciplinary action against a person who:
(1) used a false, fraudulent, or forged statement or document or
committed a fraudulent, deceitful, or dishonest act in applying for
licensure under this chapter;
(2) has had his license to practice massage/bodywork from another
state or jurisdiction canceled, revoked, suspended, or otherwise
restricted;
(3) has violated a provision of this chapter, a regulation promulgated
under this chapter, or an order of the department or the disciplinary
panel;
(4) has intentionally or knowingly, directly or indirectly, aided or
abetted in the violation or conspiracy to violate this chapter or a
regulation promulgated under this chapter;
(5) has intentionally used a fraudulent statement in a document
connected to the practice of massage/bodywork or has made false,
deceptive, or misleading statements in the practice of massage/bodywork
or in advertising;
(6) has obtained fees or assisted in obtaining fees under intentionally
fraudulent circumstances;
(7) has committed dishonorable, unethical, or unprofessional conduct
that is likely to deceive, defraud, or harm the public;
(8) lacks the professional or ethical competence to practice
massage/bodywork;
(9) has been convicted of or has pled guilty to or nolo contendere to
a felony or a crime which directly relates to the practice or ability to
practice massage/bodywork;
(10) has practiced massage/bodywork while under the influence of
alcohol or drugs or uses alcohol or drugs to such a degree as to render
him unfit to practice massage/bodywork;
(11) has sustained a physical or mental disability, as determined by
a physician, which renders further practice by the licensee dangerous to
the public.
Section 40-30-240. When investigating grounds for taking disciplinary
action based upon an alcohol or drug addiction, as provided for in
Section 40-30-240(10), or a physical or mental disability, as provided for
in Section 40-30-240(11), the disciplinary panel upon reasonable grounds
may:
(1) require an applicant or licensee to submit to a mental or physical
examination including a drug test by physicians designated by the
disciplinary panel. The results of an examination are admissible in a
hearing before the disciplinary panel, notwithstanding a claim of privilege
under a contrary rule of law. A person who accepts the privilege of
practicing massage/bodywork in this State or who files an application for
a license to practice massage/bodywork in this State is deemed to have
consented to submit to a mental or physical examination including a drug
test and to have waived all objections to the admissibility of the results in
a hearing before the disciplinary panel upon the grounds that the results
constitute a privileged communication. If an applicant or licensee fails to
submit to an examination when requested by the disciplinary panel under
this section, unless the failure was due to circumstances beyond the
person's control, the disciplinary panel shall enter an order automatically
denying or suspending the license pending compliance and further order
of the disciplinary panel. An applicant or licensee who is prohibited
from practicing under this subsection must be afforded at reasonable
intervals an opportunity to demonstrate to the disciplinary panel the
ability to resume or begin the practice of massage/bodywork with
reasonable skill and safety to patients;
(2) obtain records specifically relating to the mental or physical
condition of an applicant or licensee who is the subject of an
investigation authorized by item (1) and these records are admissible in a
hearing before the disciplinary panel, notwithstanding any other provision
of law. A person who accepts the privilege of practicing
massage/bodywork in this State or who files an application to practice
massage/bodywork in this State is deemed to have consented to the
disciplinary panel obtaining these records and to have waived all
objections to the admissibility of these records in a hearing before the
disciplinary panel upon the grounds that the records constitute a
privileged communication. If a licensee or applicant refuses to sign a
written consent for the disciplinary panel to obtain these records when
requested by the disciplinary panel under this section, unless the failure
was due to circumstances beyond the person's control, the disciplinary
panel shall enter an order automatically denying or suspending the license
pending compliance and further order of the disciplinary panel. An
applicant or licensee who is prohibited from practicing
massage/bodywork under this section must be afforded at reasonable
intervals an opportunity to demonstrate to the disciplinary panel the
ability to resume or begin the practice of massage/bodywork with
reasonable skill and safety to patients.
Section 40-30-250. (A) Upon a determination by the disciplinary
panel that one or more of the grounds for discipline exists, as provided
for in Section 40-30-230, the disciplinary panel may:
(1) issue a nondisciplinary letter of caution;
(2) issue a public reprimand;
(3) impose a fine not to exceed five hundred dollars;
(4) 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;
(5) permanently revoke the license.
(B) A decision by the disciplinary panel to discipline a licensee as
authorized under this section must be made by a majority vote of the
total membership of the disciplinary panel serving at the time the vote is
taken.
(C) A final order of the department refusing to issue a license to an
applicant or of the disciplinary panel disciplining a licensee under this
section, except for a private reprimand, is public information.
Section 40-30-260. A licensee who is under investigation for
misconduct as defined in Section 40-30-230 for which the disciplinary
panel may take disciplinary action may voluntarily surrender his license
to the department. The voluntary surrender invalidates the license at the
time of its relinquishment, and no person whose license is surrendered
voluntarily may practice as a massage/bodywork therapist until the
disciplinary panel reinstates the license. A person practicing as a
massage/bodywork therapist during the period of voluntary license
surrender is considered an illegal practitioner and is subject to the
penalties provided by this chapter. The surrender of a license may not be
considered as an admission of guilt in a proceeding under this chapter.
The surrender does not preclude the disciplinary panel from imposing
conditions on the acceptance of the proffered surrender and does not
preclude the disciplinary panel from taking disciplinary action against the
licensee.
Section 40-30-270. A person aggrieved by an action of the
disciplinary panel or the department may appeal the decision to an
administrative law judge in accordance with the Administrative
Procedures Act. Service of a notice of appeal does not stay the
disciplinary panel's or the department's decision pending completion of
the appellate process.
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 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 must be
mailed to the licensee at his last known address, return receipt requested.
The director 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 are due and payable immediately upon imposition. Unless the
costs and fines are paid within sixty days after the order becomes final,
the order constitutes a judgment and may be filed and executed upon in
the same manner as a judgment in the court of common pleas, and the
department may collect costs and attorney fees incurred in executing the
judgment. Interest at the legal rate accrues on the amount due from the
date imposed until the date paid.
(B) All fines and costs collected under this section must be remitted
by the department to the State Treasurer and deposited in a special fund
from which the department, upon approval of the State Budget and
Control Board, must be reimbursed for the administrative costs associated
with investigations and hearings under this chapter.
Section 40-30-300. (A) Every communication, whether oral or
written, made by or on behalf of a person, to the director or the
disciplinary panel, whether by way of complaint or testimony, is
privileged, and no action or proceeding, civil or criminal, may be brought
against the person, by or on whose behalf the communication is made,
except upon proof that the communication was made with malice.
(B) Nothing in this chapter may be construed as prohibiting the
respondent or his legal counsel from exercising the respondent's
constitutional right of due process under the law, nor as prohibiting the
respondent from normal access to the charges and evidence filed against
him as part of due process under the law.
Section 40-30-310. (A) It is unlawful for a person to:
(1) hold himself out as a massage/bodywork therapist unless licensed
under this chapter;
(2) permit an employed person to practice massage/bodywork unless
licensed under this chapter;
(3) present as his own the license of another;
(4) allow the use of his license by an unlicensed person;
(5) give false or forged evidence to the department in obtaining a
license under this chapter;
(6) falsely impersonate another license holder of like or different
name;
(7) use or attempt to use a license that has been revoked;
(8) otherwise violate a provision of this chapter.
(B) The department may institute civil action in the circuit court, 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.
Section 40-30-320. Nothing in this chapter may be construed to
prevent the teaching of massage/bodywork in this State at an approved
massage/bodywork school."
Waiver of certain licensing requirements
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 or has not passed the National Certification Exam or any
other national examination for massage/bodywork therapy that meets the
educational 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 requirements
and allow a provisional license to be issued; however, the applicant must
pay all applicable fees. The applicant must be practicing in the State at
the time the application is submitted and 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 including, but not limited to:
(1) documentation establishing the professional practice of
massage/bodywork, as defined in Section 40-30-30, for four years
preceding the application; and
(2) three letters of reference from sources approved by the
department attesting to the professional qualifications and competence of
the applicant.
Within one year after the provisional license is issued, the applicant
must submit evidence of compliance with continuing education
requirements prescribed by the department in accordance with Section
40-30-190 to be granted a renewed license.
Time effective
SECTION 3. This act takes effect one year after approval by the
Governor.
Approved the 4th day of June, 1996. |