Chapter 411

2005 -- H 6121

Enacted 07/19/05

 

A N A C T

RELATING TO HEALTH AND SAFETY -- LICENSING OF MASSAGE THERAPY

ESTABLISHMENTS

     

     Introduced By: Representatives Moran, Kilmartin, and T Brien

     Date Introduced: March 02, 2005

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 23-20.8-3, 23-20.8-5 and 23-20.8-6 of the General Laws in

Chapter 23-20.8 entitled "Licensing of Massage Therapy Establishments" are hereby amended to

read as follows:

 

     23-20.8-3. Practice of massage -- Use of titles limited -- Qualifications for licenses --

Fees. -- (a) Only a person licensed under this chapter shall practice massage.

      (b) Only a person licensed under this chapter as a massage therapist may use the title

"massage therapist." Only a person licensed under this chapter may use the title "masseur" or

"masseuse."

      (c) No person, firm, partnership, or corporation shall describe its services under the title

"massage" or "massage therapy" unless these services, as defined in section 23-20.8-1, are

performed by a person licensed to practice massage under this chapter, and, if described as

"massage therapy," by a massage therapist.

      (d) Application for licenses as a masseur or masseuse, or as a massage therapist, shall be

issued by the department of health. Except for persons licensed as massage therapists, the

department shall establish minimum educational and training requirements for the persons to be

licensed under this chapter and shall have the authority to take disciplinary action against a

licensee for knowingly placing the health of a client at serious risk without maintaining the proper

precautions.

      (e) The fee for original application for licensure as a massage therapist shall be thirty-

one dollars and twenty-five cents ($31.25). The fee for annual license renewal shall be thirty-one

dollars and twenty-five cents ($31.25). Fees for all other licenses under this chapter shall be fixed

in an amount necessary to cover the cost of administering this chapter.

     (f) Any person applying for a license under this chapter shall undergo a criminal

background check. Such persons shall apply to the bureau of criminal identification of the state

police or local police department for a nationwide criminal records check. Fingerprinting shall be

required. Upon the discovery of any disqualifying information as defined in section 23-20.8-5, the

bureau of criminal identification of the state police or the local police department shall inform the

applicant, in writing, of the nature of the disqualifying information. The applicant shall be

responsible for payment of the costs of the criminal records check.

 

     23-20.8-5. Issuance or denial of license -- Minimum qualifications. -- The director

shall, within thirty (30) days from the time any application for a license is received, grant the

application and issue a license to operate a massage therapy establishment or to practice massage

for a year from that date, if the director shall be satisfied that the applicant complies with the rules

and regulations promulgated in accordance with sections 23-20.8-3 and 23-20.8-4, establishing

standards for the qualifications of these personnel and establishments. The standards for

qualification of persons practicing massage shall include provisions for minimum standards of

professional education or experience, as determined by the director. The director may provide for

the examination of these applicants to determine their qualifications. An applicant, whose

criminal records check reveals a conviction for any sexual offense, including, but not limited to,

those offenses defined in chapters 11-34 and 11-37, shall be denied a license under this chapter.

 

     23-20.8-6. Suspension and revocation of licenses. -- Whenever the director shall have

reason to believe that any massage therapy establishment, for the operation of which he or she has

issued a license as provided for in this chapter, is being operated in violation of the rules and

regulations promulgated under this chapter, or that any person licensed under this chapter to

operate a massage therapy establishment or to practice massage therapy has been convicted of

any sexual offense, or that any person is practicing massage in violation of this chapter or

regulations promulgated under this chapter, the director may, pending an investigation and

hearing, suspend for a period not exceeding thirty (30) days any license issued under authority of

this chapter and may, after due notice and hearing, revoke the license if he or she finds that the

massage therapy establishment or person practicing massage is in violation of those rules and

regulations or any provision of this chapter. In the case in which an employee is or employees are

practicing massage in violation of this chapter or in violation of rules promulgated under this

chapter, the director may, pending a hearing, suspend the licenses of both the establishment and

the employee(s); and may, after due notice hearing, revoke the licenses of both the establishment

and the employee(s). The holder of a license shall upon its revocation promptly surrender it to the

director.

 

     SECTION 2. This act shall take effect upon passage.     

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LC01622

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