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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