As used in
this chapter, unless the context otherwise requires:
1. “Board” means the board of massage therapy created under chapter 147.
2. “Massage therapist” means a person licensed to practice the health care service of the healing art of massage therapy under this chapter.
3. “Massage therapy” means performance for compensation of massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage
including hydrotherapy, superficial hot and cold applications, vibration and topical applications, or other therapy which
involves manipulation of the muscle and connective tissue of the body, excluding osseous tissue, to treat the muscle tonus
system for the purpose of enhancing health, muscle relaxation, increasing range of motion, reducing stress, relieving pain,
or improving circulation.
4. “Reflexology” means manipulation of the soft tissues of the human body which is restricted to the hands, feet, or ears, performed by persons
who do not hold themselves out to be massage therapists or to be performing massage therapy.
92 Acts, ch 1137, §1;
98 Acts, ch 1053, §29, 30;
2000 Acts, ch 1185, §2, 3;
2004 Acts, ch 1065, §1, 2;
2007 Acts, ch 10, §130
152C.4 Practicing as a massage therapist without a license — employment of person not licensed — civil penalty.
1. The board, or its authorized agents, may inspect any facility that advertises or offers the services of massage therapy. The
board may, by order, impose a civil penalty upon a person who practices as a massage therapist without a license issued under
this chapter or a person or business that employs an individual who is not licensed under this chapter. The penalty shall not exceed one thousand dollars for each offense. Each day of a continued violation after an order or
citation by the board constitutes a separate offense, with the maximum penalty not to exceed ten thousand dollars. In determining
the amount of a civil penalty, the board may consider the following: a. Whether the amount imposed will be a substantial economic deterrent to the violation.
b. The circumstances leading to or resulting in the violation.
c. The severity of the violation and the risk of harm to the public.
d. The economic benefits gained by the violator as a result of noncompliance.
e. The welfare or best interest of the public.
2. Before issuing an order or citation under this section, the board shall provide written notice and the opportunity to request a hearing on the record. The hearing must be requested
within thirty days of the issuance of the notice and shall be conducted as provided in chapter 17A. The board may, in connection with a proceeding under this section, issue subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence and may request the attorney
general to bring an action to enforce the subpoena.
3. A person aggrieved by the imposition of a civil penalty under this section may seek judicial review in accordance with section 17A.19. The board shall notify the attorney general of the failure to pay a civil penalty within thirty days after entry of an order
pursuant to subsection 1, or within ten days following final judgment in favor of the board if an order has been stayed pending appeal. The attorney
general may commence an action to recover the amount of the penalty, including reasonable attorney fees and costs. An action
to enforce an order under this section may be joined with an action for an injunction.
1. Persons who are licensed to practice medicine or surgery, osteopathic medicine and surgery, chiropractic, cosmetology arts
and sciences, or podiatry in this state; or athletic trainers, technicians, nurses, occupational therapists, physical therapists,
or physician assistants licensed, certified, or registered in this state or acting under the prescription or supervision of
a person licensed to practice medicine or surgery or osteopathic medicine and surgery in this state.
2. Persons who are licensed, registered, or certified in another state, territory, the District of Columbia, or a foreign country
when incidentally present in this state to teach a course of instruction related to massage and bodywork therapy or to consult
with a person licensed under subtitle 3 of this title.
3. Students enrolled in a program recognized by the board while completing a clinical requirement for graduation performed under
the supervision of a person licensed under subtitle 3 of this title.
4. Persons giving massage and bodywork to members of their immediate family.
5. Persons practicing reflexology.
6. Persons engaged within the scope of practice of a profession with established standards and ethics utilizing touch, words,
and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities
of movement, provided that the practices performed or services rendered are not designated or implied to be massage therapy.
Such practices include, but are not limited to, the Feldenkrais method, the Trager approach, and mind-body centering.
7. Persons engaged within the scope of practice of a profession with established standards and ethics in which touch is limited
to that which is essential for palpitation and affectation of the human energy system, provided that the practices performed
or services rendered are not designated or implied to be massage therapy.
8. Persons incidentally present in this state to provide services as part of an emergency response team working in conjunction
with disaster relief officials.