Text: SSB03037 Text: SSB03039 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 147.2, Code 1999, is amended to read as
1 2 follows:
1 3 147.2 LICENSE REQUIRED.
1 4 A person shall not engage in the practice of medicine and
1 5 surgery, podiatry, osteopathy, osteopathic medicine and
1 6 surgery, psychology, chiropractic, physical therapy, nursing,
1 7 dentistry, dental hygiene, optometry, speech pathology,
1 8 audiology, occupational therapy, respiratory care, pharmacy,
1 9 cosmetology, barbering, social work, dietetics, marital and
1 10 family therapy or mental health counseling, massage therapy,
1 11 or mortuary science or shall not practice as a physician
1 12 assistant as defined in the following chapters of this
1 13 subtitle, unless the person has obtained from the department a
1 14 license for that purpose.
1 15 Sec. 2. Section 152C.1, subsection 2, Code 1999, is
1 16 amended to read as follows:
1 17 2. "Massage therapist" means a person licensed to practice
1 18 the health care service of the healing art of massage therapy
1 19 under this chapter.
1 20 Sec. 3. Section 152C.4, Code 1999, is amended by striking
1 21 the section and inserting in lieu thereof the following:
1 22 152C.4 PRACTICING AS A MASSAGE THERAPIST WITHOUT A LICENSE
1 23 – EMPLOYMENT OF PERSON NOT LICENSED – CIVIL PENALTY.
1 24 1. The board, or its authorized agents, may inspect any
1 25 facility that advertises or offers the services of massage
1 26 therapy. The board may, by order, impose a civil penalty upon
1 27 a person who practices as a massage therapist without a
1 28 license issued under this chapter or a person or business that
1 29 employs an individual who is not licensed under this chapter.
1 30 The penalty shall not exceed one thousand dollars for each
1 31 offense. Each day of a continued violation after an order or
1 32 citation by the board constitutes a separate offense. In
1 33 determining the amount of a civil penalty, the board may
1 34 consider the following:
1 35 a. Whether the amount imposed will be a substantial
2 1 economic deterrent to the violation.
2 2 b. The circumstances leading to or resulting in the
2 3 violation.
2 4 c. The severity of the violation and the risk of harm to
2 5 the public.
2 6 d. The economic benefits gained by the violator as a
2 7 result of noncompliance.
2 8 e. The welfare or best interest of the public.
2 9 2. Before issuing an order or citation under this section,
2 10 the board shall provide written notice and the opportunity to
2 11 request a hearing on the record. The hearing must be
2 12 requested within thirty days of the issuance of the notice and
2 13 shall be conducted as provided in chapter 17A. The board may,
2 14 in connection with a proceeding under this section, issue
2 15 subpoenas to compel the attendance and testimony of witnesses
2 16 and the disclosure of evidence and may request the attorney
2 17 general to bring an action to enforce the subpoena.
2 18 3. A person aggrieved by the imposition of a civil penalty
2 19 under this section may seek judicial review in accordance with
2 20 section 17A.19. The board shall notify the attorney general
2 21 of the failure to pay a civil penalty within thirty days after
2 22 entry of an order pursuant to subsection 1, or within ten days
2 23 following final judgment in favor of the board if an order has
2 24 been stayed pending appeal. The attorney general may commence
2 25 an action to recover the amount of the penalty, including
2 26 reasonable attorney fees and costs. An action to enforce an
2 27 order under this section may be joined with an action for an
2 28 injunction.
2 29 Sec. 4. Section 152C.5, Code 1999, is amended by striking
2 30 the section and inserting in lieu thereof the following:
2 31 152C.5 PRACTICE OR USE OF TITLE – LICENSE REQUIRED.
2 32 The practice of massage therapy as defined in section
2 33 152C.1 is strictly prohibited by unlicensed individuals. It
2 34 is unlawful for a person to engage in or offer to engage in
2 35 the practice of massage therapy, or use in connection with the
3 1 person's name, the initials "L.M.T." or the words "licensed
3 2 massage therapist", "massage therapist", "masseur",
3 3 "masseuse", or any other word or title that implies or
3 4 represents that the person practices massage therapy, unless
3 5 the person possesses a license issued under the provisions of
3 6 section 152C.3.
3 7 Sec. 5. NEW SECTION. 152C.8 TRANSITION PROVISIONS.
3 8 1. An applicant for a license to practice massage therapy
3 9 applying prior to July 1, 2002, shall not be required to meet
3 10 the completion of curriculum of massage therapy requirements
3 11 contained in section 152C.3, subsection 1, paragraph "a". The
3 12 applicant shall, however, be required to pass the board-
3 13 approved national certification examination and pay the
3 14 applicable licensing fee.
3 15 2. Applicants with a license that has lapsed prior to July
3 16 1, 2000, who apply for reinstatement prior to July 1, 2002,
3 17 shall be required to complete a reinstatement application and
3 18 pay a renewal fee and reinstatement fee pursuant to section
3 19 147.11 and section 147.80, subsections 26. Penalty fees
3 20 otherwise incurred pursuant to section 147.10, and continuing
3 21 education requirements applicable to the period prior to
3 22 licensure reinstatement, shall be waived by the board.
3 23 3. Applicants with a license that has lapsed prior to July
3 24 1, 2000, who do not apply for reinstatement prior to July 1,
3 25 2002, shall be required to apply for reinstatement in
3 26 accordance with lapsed license reinstatement provisions
3 27 established by rule of the board.
3 28 EXPLANATION
3 29 This bill provides that an individual shall not engage in
3 30 the health care service of the healing art of massage therapy
3 31 without having obtained a license for that purpose.
3 32 The bill provides that the practice of massage therapy is
3 33 strictly prohibited by unlicensed individuals, and that it is
3 34 unlawful to use the initials "L.M.T." or the words "licensed
3 35 massage therapist", "massage therapist", "masseur",
4 1 "masseuse", or any other word or title that implies or
4 2 represents that the person practices massage therapy, unless
4 3 the person possesses a license issued pursuant to Code section
4 4 152C.3.
4 5 The bill additionally provides that the board may impose a
4 6 civil penalty upon a person who practices as a massage
4 7 therapist without a license, or upon a person or business that
4 8 employs an individual who is not licensed, in an amount not
4 9 exceeding $1,000 for each offense, with each day of a
4 10 continued violation after an order or citation from the board
4 11 has been received constituting a separate offense. The bill
4 12 specifies several factors which the board may consider in
4 13 determining the amount of a civil penalty, and also prescribes
4 14 notice, hearing, judicial review, and penalty for nonpayment
4 15 provisions.
4 16 The bill additionally provides transition provisions
4 17 governing situations regarding an applicant for a new license
4 18 to practice massage therapy applying prior to July 1, 2002, an
4 19 applicant with a license that has lapsed prior to July 1,
4 20 2000, who applies for reinstatement prior to July 1, 2002, and
4 21 an applicant with a license that has lapsed prior to July 1,
4 22 2000, who does not apply for reinstatement prior to July 1,
4 23 2002.
4 24 LSB 5324DP 78
4 25 rn/as/5
Text: SSB03037 Text: SSB03039 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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