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House File 188 - IntroducedA Bill ForAn Act 1providing for the practice of massage therapy without a
2license and including penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 152C.1, subsection 2, Code 2019, is
2amended to read as follows:
32. “Massage therapist” means a person licensed to practice
4 practicing the health care service of the healing art of
5massage therapy under this chapter.
6 Sec. 2. Section 152C.4, subsection 1, unnumbered paragraph
71, Code 2019, is amended to read as follows:
8The board, or its authorized agents, may inspect any
9facility that advertises or offers the services of licensed
10 massage therapy. The board may, by order, impose a civil
11penalty upon a person who practices as a massage therapist
12without a license issued under this chapter if that person
13advertises or represents that the person has such a license
14 or a person or business that employs an individual who is
15not licensed under this chapter if that person or business
16advertises or represents that the person has such a license.
17The penalty shall not exceed one thousand dollars for each
18offense. Each day of a continued violation after an order or
19citation by the board constitutes a separate offense, with
20the maximum penalty not to exceed ten thousand dollars. In
21determining the amount of a civil penalty, the board may
22consider the following:
23 Sec. 3. NEW SECTION. 152C.10 Unlawful use of title of
24“licensed message therapist” — violations — penalty — consent
25agreement.
261. It is unlawful for a person to use the title, or aid
27or abet a person in using the title, of “licensed massage
28therapist” or any title or device indicating that the person is
29a licensed massage therapist unless the person has been issued
30a license as provided in this chapter. This section does not
31prohibit the provision of massage therapy, or the use of the
32terms “massage therapy” or “massage therapist”, by a person who
33is not licensed as a massage therapist.
342. A person who violates this section is guilty of a simple
35misdemeanor. The board, in its discretion and in lieu of
-1-1prosecuting a first offense under this section, may enter into
2a consent agreement with a violator, or with a person guilty of
3aiding or abetting a violator, which acknowledges the violation
4and the violator’s agreement to refrain from any further
5violations.
6 Sec. 4. REPEAL. Sections 152C.5, 152C.5A, and 152C.7A, Code
72019, are repealed.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill removes the licensure requirement to practice
12massage therapy in Iowa. The bill permits a person to practice
13massage therapy and to use words and titles representing that
14the person practices massage therapy without obtaining a
15license. The bill continues the option of obtaining a license
16to practice massage therapy, but does not require it.
17A person who uses the title “licensed massage therapist”
18without a license is guilty of a simple misdemeanor. A simple
19misdemeanor is punishable by confinement for no more than 30
20days or a fine of at least $65 but not more than $625 or by
21both.
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2license and including penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 152C.1, subsection 2, Code 2019, is
2amended to read as follows:
32. “Massage therapist” means a person licensed to practice
4 practicing the health care service of the healing art of
5massage therapy under this chapter.
6 Sec. 2. Section 152C.4, subsection 1, unnumbered paragraph
71, Code 2019, is amended to read as follows:
8The board, or its authorized agents, may inspect any
9facility that advertises or offers the services of licensed
10 massage therapy. The board may, by order, impose a civil
11penalty upon a person who practices as a massage therapist
12without a license issued under this chapter if that person
13advertises or represents that the person has such a license
14 or a person or business that employs an individual who is
15not licensed under this chapter if that person or business
16advertises or represents that the person has such a license.
17The penalty shall not exceed one thousand dollars for each
18offense. Each day of a continued violation after an order or
19citation by the board constitutes a separate offense, with
20the maximum penalty not to exceed ten thousand dollars. In
21determining the amount of a civil penalty, the board may
22consider the following:
23 Sec. 3. NEW SECTION. 152C.10 Unlawful use of title of
24“licensed message therapist” — violations — penalty — consent
25agreement.
261. It is unlawful for a person to use the title, or aid
27or abet a person in using the title, of “licensed massage
28therapist” or any title or device indicating that the person is
29a licensed massage therapist unless the person has been issued
30a license as provided in this chapter. This section does not
31prohibit the provision of massage therapy, or the use of the
32terms “massage therapy” or “massage therapist”, by a person who
33is not licensed as a massage therapist.
342. A person who violates this section is guilty of a simple
35misdemeanor. The board, in its discretion and in lieu of
-1-1prosecuting a first offense under this section, may enter into
2a consent agreement with a violator, or with a person guilty of
3aiding or abetting a violator, which acknowledges the violation
4and the violator’s agreement to refrain from any further
5violations.
6 Sec. 4. REPEAL. Sections 152C.5, 152C.5A, and 152C.7A, Code
72019, are repealed.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill removes the licensure requirement to practice
12massage therapy in Iowa. The bill permits a person to practice
13massage therapy and to use words and titles representing that
14the person practices massage therapy without obtaining a
15license. The bill continues the option of obtaining a license
16to practice massage therapy, but does not require it.
17A person who uses the title “licensed massage therapist”
18without a license is guilty of a simple misdemeanor. A simple
19misdemeanor is punishable by confinement for no more than 30
20days or a fine of at least $65 but not more than $625 or by
21both.
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