§ 5317 — Penalties

(a) A person is guilty of a misdemeanor when the person does any of the following:

(1) Engages in the practice of massage or bodywork therapy or practices as a massage technician when not currently licensed as a massage or bodywork therapist or certified as a massage technician under this chapter.

(2) Uses in connection with the practitioner’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice massage or bodywork therapy, or to act as a massage technician.

(b) For a first offense, the practitioner shall be fined not less than $100, nor more than $500 for each offense. For a second or subsequent conviction, the fine shall be not less than $500, nor more than $1,000 for each offense.

(c) Where a person unlawfully operates, manages, owns, or advertises for any massage establishment or place where massage and bodywork services are rendered, the person is guilty of a class A misdemeanor, and may be imprisoned for up to 1 year, receive a fine of up to $2,300, or both.

(d) A person who unlawfully removes a placard under § 5320 of this title is guilty of a class A misdemeanor, and may be imprisoned for up to 1 year, receive fine of up to $2,300, or both.

(e) Superior Court has jurisdiction over any violation under this section.

Legislative History

70 Del. Laws, c. 582, § 1 ; 81 Del. Laws, c. 104, § 9 ; 85 Del. Laws, c. 229, § 1