ARTICLE 6 SUBSTITUTE A

RELATING TO HEALTH REGULATORY PROGRAMS

SECTION 1. Sections 23-20.8-1, 23-20.8-5, 23-20.8-6 and 23-20.8-11 of the General Laws in Chapter 23-20.8 entitled “Licensing of Massage Therapy Establishments” are hereby amended to read as follows:

23-20.8-1. Definitions. – As used in this chapter:

(1) "Massage therapy establishment" means any corporation, partnership, unincorporated association, or other business enterprise operating any business for the practice of massage;

(2)(1) "Massage therapist" means a person engaged in the practice of massage who has completed a program in or is certified by a school or institution of learning which is approved by the American massage and therapy association or equivalent academic and training program approved by the director of health, other than a correspondence course, which school or institution has for its purpose the teaching of the theory, practice, method, profession, or work of massage, including at least anatomy, physiology, hygiene, and professional ethics;

(3)(2) "Physical fitness facility" means any bona fide health club which offers or provides facilities for any instruction in controlled exercise, weight lifting, and calisthenics and its gross income from massages is less than ten percent (10%) of the total gross business income derived from all physical fitness sales contracts at any one location;

(4)(3) "Practice of massage" means engaging in applying a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping, and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.

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 §§ 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 34 and 37 of title 11, 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.

23-20.8-11.  Penalties. – (a) Any person who practices massage or maintains a massage therapy establishment, or acts in any capacity where a license is required by this chapter, without a license provided for in this chapter, shall be guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) or thirty (30) days in jail.

   (b) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist, or who allows an unlicensed person to perform, operate, or practice massage is guilty of a misdemeanor and subject to a fine of up to one thousand dollars ($1,000) and thirty (30) days in jail.

   (c) The practice of massage by a person without a license issued under this chapter is declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the person is practicing, or purporting to practice, may maintain an action to enjoin that person from practicing massage until this person secures a valid license.

(d) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment shall register with the department of health.

SECTION 2. Section 23-20.8-2 of the General Laws in Chapter 23-20.8 entitled “Licensing of Massage Therapy Establishments” is hereby repealed.

§ 23-20.8-2  License required – Term of license – Application – Fee. – It shall be unlawful for any person, corporation, or other form of business entity to own or operate a massage therapy establishment in this state without having a license issued by the department of health pursuant to this chapter. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the license renewal date shall be set by the department of health. The license period shall be for 12 months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. A license issued under the provisions of this chapter may be suspended or revoked under the provisions of § 23-20.8-6. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. No license shall be issued less than thirty (30) days after its application. The initial fee for this license and the annual renewal fee shall be established by the department of health and shall be fixed in an amount sufficient to cover the cost of administering this chapter. All fees collected pursuant to this chapter, shall be deposited as general revenue and submitted with the application to the department of health.

SECTION 3. Section 23-68-5 of the General Laws in Chapter 23-68 entitled “Tanning Facility Safety Standards Act” is hereby amended to read as follows:

23-68-5. Certification of facilities. – The director of the department of health shall certify that a facility is in compliance with the safety standards established pursuant to § 23-68-4 and shall annually periodically inspect the facility to ensure continued compliance with safety standards enumerated in this chapter.

SECTION 4. This article shall take effect upon passage.