Title 5
Businesses and Professions

Chapter 95
Licensing of Massage Therapists

§ 5-95-11. Discipline — Complaints, disciplinary actions, summary suspension, grounds for disciplinary action, suspension, and revocation of licenses.

(a) Complaints.

(1) The board is authorized to initiate and investigate complaints alleging a violation of this chapter or rules.

(2) The board shall keep a record of all complaints received and the resolution of each complaint.

(b) Disciplinary actions. The board, upon proper notice and with opportunity for a hearing conducted by the department, when required by law, may impose the following disciplinary actions upon any person or entity for one or more of the grounds for disciplinary action in subsection (d) of this section including, but not limited to:

(1) Refuse to issue, renew, or reinstate a license;

(2) Revoke, suspend, restrict, or limit a license;

(3) Place a license holder on probation, including placing limits on the licensee’s practice and/or supervision;

(4) Issue a reprimand;

(5) Issue a letter of concern or warning of a possible violation of this statute;

(6) Issue a cease-and-desist letter;

(7) Require payment of a fine;

(8) Require completion of remedial education;

(9) Enter into a consent order or settlement agreement; and

(10) Such other administrative discipline necessary to carry out the mission of public protection of this chapter.

(c) Summary suspension. Whenever the board, or the department or any city or town licensing authority, shall have reason to believe that any person licensed under this chapter 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 board, or the department, or any city or town licensing authority, may, pending an investigation and hearing, summarily suspend the licensure of a massage therapist, as long as the hearing is scheduled within ninety (90) days, and may, after due notice and hearing, revoke the license or take other appropriate action listed in subsection (b) of this section, if the department finds that the person practicing massage is in violation of those rules and regulations or any provision of this chapter. The holder of a license shall, upon its revocation, promptly surrender it to the board, or board designee, or any city or town licensing authority.

(d) Grounds for disciplinary action. The following shall be grounds for the board to impose one or more disciplinary actions including, but not limited to:

(1) Conduct that violates any provision of this chapter or board rules adopted hereunder, including a violation of the standards of practice and codes of ethics adopted by the board;

(2) Aiding or abetting another person in the violation of this chapter or board rules;

(3) Fraud, deceit, or misrepresentation in obtaining or attempting to obtain or renew a license;

(4) Aiding or abetting another person or entity in the unlicensed practice of massage therapy;

(5) Misuse of license certificate, including sale or barter of a license; use of another license; or allowing use of a license by an unlicensed person or entity;

(6) Practicing outside the scope of authority, training, or education;

(7) Delegation of professional responsibilities to a person who is not educated or trained to undertake such responsibilities;

(8) Incapacity or impairment that prevents such licensee from engaging in the practice of massage therapy with reasonable skill, competence, and safety;

(9) Conviction of:

(i) A felony; or

(ii) Any crime related to the practice of massage therapy;

(10) Violations of the laws or rules of this state; violations of the laws or rules of any other state; or violations of the laws or rules of the federal government;

(11) Failure to pay the costs or fines assessed by the board;

(12) Conduct that violates the security of any licensure examination, including, but not limited to: obtaining access to examination questions prior to the exam; reproduction of examination questions whether for or not for compensation; or any other conduct that breaches the security of a licensure examination or any other examination used to qualify applicants for licensure or renewal;

(13) Being subject to any disciplinary sanction from this or any other jurisdiction against any professional license, including any license related to the practice of massage therapy;

(14) Negligence, gross negligence, incompetence, or gross incompetence;

(15) Deceptive, untrue, or fraudulent billing, charges, use of title, terms, or representations in the practice of massage therapy;

(16) Failure to cooperate in any investigation including the submission of documents duly requested by the board; and

(17) Failure to comply with any board order, including a final adverse action.

(e) Judicial review of license action. Any person aggrieved by a decision of the board, or board designee, or any city or town licensing authority, refusing to grant an application for a license under this chapter, or suspending or revoking any license already issued, may, within thirty (30) days, exclusive of Sundays and holidays, after receiving notice of that decision or order of the board, administrator of professional regulation, or director of the department may be taken by an aggrieved party to the superior court in the manner provided for in chapter 35 of title 42 (“administrative procedures”).