152CMASSAGE THERAPY152C.1Definitions.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, §130152C.2Massage therapy advisory board created — duties.Repealed by 98 Acts, ch 1053, §43. 152C.3Requirements for licensure.1The board shall adopt rules pursuant to chapter 17A establishing a procedure for licensing of massage therapists. License requirements shall include the following:aCompletion of a curriculum of massage education at a school approved by the board which requires for admission a diploma from an accredited high school or the equivalent and requires completion of at least six hundred hours of supervised academic instruction. However, educational requirements under this paragraph are subject to reduction by the board if, after public notice and hearing, the board determines that the welfare of the public may be adequately protected with fewer hours of education.bPassage of an examination given or approved by the board.cPayment of a reasonable fee required by the board which shall compensate and be retained by the board for the costs of administering this chapter.2In addition to provisions for licensure, the rules shall include the following:a1Requirements regarding completion of at least twelve hours of continuing education annually regarding subjects concerning massage and related techniques or the health and safety of the public, subject to reduction by the board if, after public notice and hearing, the board determines that the welfare of the public may be adequately protected with fewer hours.2The board shall allow a licensed massage therapist to include each hour of completed training required pursuant to sections 232.69 and 235B.16 toward the annual continuing education requirement.bRequirements for issuance of a reciprocal license to licensees of states with license requirements equal to or exceeding those of this chapter. The rules shall provide for issuance of a temporary reciprocal license for licensees of states with lower requirements.3A massage therapist licensed pursuant to this chapter shall be issued a license number and a license certificate.92 Acts, ch 1137, §3; 93 Acts, ch 71, §1; 98 Acts, ch 1053, §31 – 33; 2011 Acts, ch 57, §1; 2022 Acts, ch 1078, §1152C.4Practicing as a massage therapist without a license — employment of person not licensed — civil penalty.1The 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:aWhether the amount imposed will be a substantial economic deterrent to the violation.bThe circumstances leading to or resulting in the violation.cThe severity of the violation and the risk of harm to the public.dThe economic benefits gained by the violator as a result of noncompliance.eThe welfare or best interest of the public.2Before 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.3A 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.92 Acts, ch 1137, §4; 98 Acts, ch 1053, §34; 2000 Acts, ch 1185, §4152C.5Practice or use of title license required.1The practice of massage therapy as defined in section 152C.1 is strictly prohibited by unlicensed individuals. It is a serious misdemeanor for a person to engage in or offer to engage in the practice of massage therapy, or use in connection with the person’s name, the initials “L.M.T.” or the words “licensed massage therapist”, “massage therapist”, “masseur”, “masseuse”, or any other word or title that implies or represents that the person practices massage therapy, unless the person possesses a license issued under the provisions of section 152C.3.2It shall be an affirmative defense to a prosecution for a violation of subsection 1, in addition to any other affirmative defenses for which the defendant might be eligible, that the defendant is a victim of a crime that is a violation of section 710A.2.92 Acts, ch 1137, §5; 2000 Acts, ch 1185, §5; 2019 Acts, ch 106, §1152C.5AMassage therapy modalities study.Repealed by 2022 Acts, ch 1021, §186.152C.5BLicense and government-issued identification peace officer request.1For purposes of this section, unless the context otherwise requires:a“Government-issued identification” means any of the following:1An unexpired driver’s license issued by any state, territory, or district of the United States.2An unexpired identification card issued by any state, territory, or district of the United States.3An unexpired United States passport.4A naturalization certificate issued by the United States citizenship and immigration services.5An unexpired permanent resident card, also known as a green card, issued by the United States citizenship and immigration services.6An unexpired employment authorization document issued by the United States citizenship and immigration services.b“Peace officer” means any of the following:1Sheriffs and their regular deputies who are subject to mandated law enforcement training.2Marshals and police officers of cities.3Peace officer members of the department of public safety as defined in chapter 80.4Special security officers employed by board of regents institutions as set forth in section 262.13.5Employees of an aviation authority designated as peace officers by the authority under section 330A.8, subsection 16.2A person licensed or who purports to be licensed under this chapter shall, upon the request of any peace officer investigating a complaint of illegal services, present a copy of the person’s valid Iowa massage therapist license and a government-issued identification to the peace officer. A person who violates this subsection commits a serious misdemeanor.2021 Acts, ch 123, §1; 2023 Acts, ch 85, §6152C.5CAnnouncements to the public.1For purposes of this section, “announcement to the public” means the use of any print media, broadcast media, subscription internet site, internet site available to the public, or any other means to do any of the following:aAdvertise or market massage therapy services.bProvide a site for clients to post reviews.cOffer a virtual marketplace at which goods or services may be offered or clients may be solicited.2A person shall not do any of the following in an announcement to the public:aRepresent that another person is licensed under this chapter when the person knows, or has reason to know, that the other person is not licensed.bFalsely represent the person’s self as licensed under this chapter.cOffer the services of massage therapy if paragraph “a” or “b” of this subsection applies.dOffer, or imply the offer of, services that violate state law.3A person who violates subsection 2 commits a serious misdemeanor.2021 Acts, ch 123, §2152C.6Enforcement.Repealed by 2017 Acts, ch 122, §23.152C.7Suspension and revocation of licenses.The board may suspend, revoke, or impose probationary conditions upon a license issued pursuant to rules adopted in accordance with section 152C.3.92 Acts, ch 1237, §11; 98 Acts, ch 1053, §35152C.7ATemporary exemptions.Repealed by 2022 Acts, ch 1021, §186.152C.8Transition provisions.Repealed by 2008 Acts, ch 1088, §79. 152C.9Exemptions.This chapter shall not apply to the following persons:1Persons 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.2Persons 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.3Students 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.4Persons giving massage and bodywork to members of their immediate family.5Persons practicing reflexology.6Persons 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.7Persons 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.8Persons incidentally present in this state to provide services as part of an emergency response team working in conjunction with disaster relief officials.2004 Acts, ch 1065, §3; 2008 Acts, ch 1088, §141