Text: SF02112 Text: SF02114 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE FILE 2113
1 2
1 3 AN ACT
1 4 RELATING TO THE LICENSING OF INDIVIDUALS ENGAGED IN THE
1 5 HEALING ART OF MASSAGE THERAPY.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. Section 147.2, Code 1999, is amended to read as
1 10 follows:
1 11 147.2 LICENSE REQUIRED.
1 12 A person shall not engage in the practice of medicine and
1 13 surgery, podiatry, osteopathy, osteopathic medicine and
1 14 surgery, psychology, chiropractic, physical therapy, nursing,
1 15 dentistry, dental hygiene, optometry, speech pathology,
1 16 audiology, occupational therapy, respiratory care, pharmacy,
1 17 cosmetology, barbering, social work, dietetics, marital and
1 18 family therapy or mental health counseling, massage therapy,
1 19 or mortuary science or shall not practice as a physician
1 20 assistant as defined in the following chapters of this
1 21 subtitle, unless the person has obtained from the department a
1 22 license for that purpose.
1 23 Sec. 2. Section 152C.1, subsection 2, Code 1999, is
1 24 amended to read as follows:
1 25 2. "Massage therapist" means a person licensed to practice
1 26 the health care service of the healing art of massage therapy
1 27 under this chapter.
1 28 Sec. 3. Section 152C.1, subsection 3, Code 1999, is
1 29 amended to read as follows:
1 30 3. "Massage therapy" means performance for compensation of
1 31 massage, myotherapy, massotherapy, bodywork, bodywork therapy,
1 32 or therapeutic massage including hydrotherapy, superficial hot
1 33 and cold applications, vibration and topical applications, or
1 34 other therapy which involves manipulation of the muscle and
1 35 connective tissue of the body, excluding osseous tissue, to
2 1 treat the muscle tonus system for the purpose of enhancing
2 2 health, muscle relaxation, increasing range of motion,
2 3 reducing stress, relieving pain, or improving circulation.
2 4 "Massage therapy" does not include diagnosis or service which
2 5 requires a license to practice medicine or surgery,
2 6 osteopathic medicine and surgery, osteopathy, chiropractic,
2 7 cosmetology arts and sciences, or podiatry, and does not
2 8 include service performed by athletic trainers, technicians,
2 9 nurses, occupational therapists, or physical therapists who
2 10 act under a professional license, certificate, or registration
2 11 or under the prescription or supervision of a person licensed
2 12 to practice medicine or surgery or osteopathic medicine and
2 13 surgery.
2 14 Sec. 4. Section 152C.4, Code 1999, is amended by striking
2 15 the section and inserting in lieu thereof the following:
2 16 152C.4 PRACTICING AS A MASSAGE THERAPIST WITHOUT A LICENSE
2 17 – EMPLOYMENT OF PERSON NOT LICENSED – CIVIL PENALTY.
2 18 1. The board, or its authorized agents, may inspect any
2 19 facility that advertises or offers the services of massage
2 20 therapy. The board may, by order, impose a civil penalty upon
2 21 a person who practices as a massage therapist without a
2 22 license issued under this chapter or a person or business that
2 23 employs an individual who is not licensed under this chapter.
2 24 The penalty shall not exceed one thousand dollars for each
2 25 offense. Each day of a continued violation after an order or
2 26 citation by the board constitutes a separate offense, with the
2 27 maximum penalty not to exceed ten thousand dollars. In
2 28 determining the amount of a civil penalty, the board may
2 29 consider the following:
2 30 a. Whether the amount imposed will be a substantial
2 31 economic deterrent to the violation.
2 32 b. The circumstances leading to or resulting in the
2 33 violation.
2 34 c. The severity of the violation and the risk of harm to
2 35 the public.
3 1 d. The economic benefits gained by the violator as a
3 2 result of noncompliance.
3 3 e. The welfare or best interest of the public.
3 4 2. Before issuing an order or citation under this section,
3 5 the board shall provide written notice and the opportunity to
3 6 request a hearing on the record. The hearing must be
3 7 requested within thirty days of the issuance of the notice and
3 8 shall be conducted as provided in chapter 17A. The board may,
3 9 in connection with a proceeding under this section, issue
3 10 subpoenas to compel the attendance and testimony of witnesses
3 11 and the disclosure of evidence and may request the attorney
3 12 general to bring an action to enforce the subpoena.
3 13 3. A person aggrieved by the imposition of a civil penalty
3 14 under this section may seek judicial review in accordance with
3 15 section 17A.19. The board shall notify the attorney general
3 16 of the failure to pay a civil penalty within thirty days after
3 17 entry of an order pursuant to subsection 1, or within ten days
3 18 following final judgment in favor of the board if an order has
3 19 been stayed pending appeal. The attorney general may commence
3 20 an action to recover the amount of the penalty, including
3 21 reasonable attorney fees and costs. An action to enforce an
3 22 order under this section may be joined with an action for an
3 23 injunction.
3 24 Sec. 5. Section 152C.5, Code 1999, is amended by striking
3 25 the section and inserting in lieu thereof the following:
3 26 152C.5 PRACTICE OR USE OF TITLE – LICENSE REQUIRED.
3 27 The practice of massage therapy as defined in section
3 28 152C.1 is strictly prohibited by unlicensed individuals. It
3 29 is unlawful for a person to engage in or offer to engage in
3 30 the practice of massage therapy, or use in connection with the
3 31 person's name, the initials "L.M.T." or the words "licensed
3 32 massage therapist", "massage therapist", "masseur",
3 33 "masseuse", or any other word or title that implies or
3 34 represents that the person practices massage therapy, unless
3 35 the person possesses a license issued under the provisions of
4 1 section 152C.3.
4 2 Sec. 6. NEW SECTION. 152C.8 TRANSITION PROVISIONS.
4 3 1. An applicant for a license to practice massage therapy
4 4 applying prior to July 1, 2002, shall not be required to meet
4 5 the completion of curriculum of massage therapy requirements
4 6 contained in section 152C.3, subsection 1, paragraph "a". The
4 7 applicant shall, however, be required to pass the board-
4 8 approved national certification examination and pay the
4 9 applicable licensing fee.
4 10 2. Applicants with a license that has lapsed prior to July
4 11 1, 2000, who apply for reinstatement prior to July 1, 2002,
4 12 shall be required to complete a reinstatement application and
4 13 pay a renewal fee and reinstatement fee pursuant to section
4 14 147.11 and section 147.80, subsection 26. Penalty fees
4 15 otherwise incurred pursuant to section 147.10, and continuing
4 16 education requirements applicable to the period prior to
4 17 licensure reinstatement, shall be waived by the board.
4 18 3. Applicants with a license that has lapsed prior to July
4 19 1, 2000, who do not apply for reinstatement prior to July 1,
4 20 2002, shall be required to apply for reinstatement in
4 21 accordance with lapsed license reinstatement provisions
4 22 established by rule of the board.
4 23
4 24
4 25
4 26 MARY E. KRAMER
4 27 President of the Senate
4 28
4 29
4 30
4 31 BRENT SIEGRIST
4 32 Speaker of the House
4 33
4 34 I hereby certify that this bill originated in the Senate and
4 35 is known as Senate File , Seventy-eighth General Assembly.
5 1
5 2
5 3
5 4 MICHAEL E. MARSHALL
5 5 Secretary of the Senate
5 6 Approved , 2000
5 7
5 8
5 9
5 10 THOMAS J. VILSACK
5 11 Governor
5 12
Text: SF02112 Text: SF02114 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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