§3563. Grounds for discipline
A. The board may suspend, revoke, or refuse to issue or renew a license after notice
and opportunity for hearing pursuant to the Administrative Procedure Act, upon proof of any
of the following:
(1)Obtaining a license by means of fraud, misrepresentation, or concealment of
material facts, including making false statements on an application or other document
required by the board.
(2)Selling, bartering, or offering to sell or barter a license.
(3)Engaging in unprofessional conduct that has endangered or that is likely to
endanger the health, welfare, or safety of the public, as further defined by rules of the board.
(4)Conviction of a felony, unless such conviction was reversed on appeal.
(5)Conviction of any crime arising out of or connected with the prac
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§3563. Grounds for discipline
A. The board may suspend, revoke, or refuse to issue or renew a license after notice
and opportunity for hearing pursuant to the Administrative Procedure Act, upon proof of any
of the following:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of
material facts, including making false statements on an application or other document
required by the board.
(2) Selling, bartering, or offering to sell or barter a license.
(3) Engaging in unprofessional conduct that has endangered or that is likely to
endanger the health, welfare, or safety of the public, as further defined by rules of the board.
(4) Conviction of a felony, unless such conviction was reversed on appeal.
(5) Conviction of any crime arising out of or connected with the practice of massage
therapy, unless such conviction was reversed on appeal.
(6) Violating or aiding and abetting in the violation of any provisions of this Chapter
or the rules and regulations promulgated hereunder.
(7) Failing to comply with license or renewal requirements.
B. Any person who has been convicted of, entered a plea of nolo contendere to, or
received deferred adjudication in connection with any criminal offense involving sexual
misconduct shall be ineligible for licensure as a massage therapist.
C. The board shall revoke the license of any person who is convicted of, enters a plea
of nolo contendere to, or receives deferred adjudication in connection with any criminal
offense involving sexual misconduct or prostitution.
D. Any person who has been convicted of, entered a plea of nolo contendere to, or
received deferred adjudication in connection with any criminal offense involving sexual
misconduct or prostitution shall be ineligible for licensure as an owner or operator of a
massage establishment. The board shall revoke the license of any person if the board
determines that the establishment is a sexually oriented business, as defined in R.S.
37:3558(C), or that a crime or offense involving prostitution or other sexual offenses and
resulting in a conviction, to which a plea of nolo contendere was entered or deferred
adjudication was received, has occurred on the premises of the establishment since the date
of the most recent license renewal.
E. The board shall perform a review of any massage therapist that has been
disciplined in accordance with this Section within one calendar year of the infraction or
reinstatement of license. The board shall immediately suspend a license pending a
disciplinary hearing for any review of a massage therapist that reveals any violations of this
Section.
F. The board shall perform an inspection of any massage establishment that has been
disciplined in accordance with this Section within one calendar year of the infraction or
reinstatement of license. The board shall immediately suspend a license or registration of
such an establishment upon the establishment's failure of a follow-up inspection indicating
continued or new violations of this Section, pending a disciplinary hearing.
G. The board shall impose a fine or penalty on massage establishments that continue
to operate without a license. The board shall promulgate in rule the amount of the fine or
penalty to be incurred.