§ 40-30-230 — Grounds for denial of licensure to massage therapist applicant.

(A) In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant for a massage therapist license or may take disciplinary action against an individual who: (1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for licensure pursuant to this chapter; (2) has had his license to practice massage therapy from another state or jurisdiction canceled, revoked, suspended, or otherwise restricted; (3) has violated a provision of this chapter, a regulation promulgated pursuant to this chapter, or an order of the department or the board; (4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation or conspiracy to violate this chapter or a regulation promulgated pursuant to this chapter; (5) has intentionally used a fraudulent statement in a document connected to the practice of massage therapy or has made false, deceptive, or misleading statements in the practice of massage therapy or in advertising; (6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances; (7) lacks the professional or ethical competence to practice massage therapy; (8) has been convicted of or has pled guilty to or nolo contendere to solicitation or prostitution, assault and battery, or other like offenses; to money laundering or other like offense; to a crime that directly relates to the practice or ability to practice massage therapy; to a crime involving moral turpitude; or to a violent crime as defined in Section 16-1-60, a felony that directly relates to the practice or ability to practice massage therapy during the previous five years, or a felony that reasonably relates to the ability to practice massage therapy and for which an essential element is dishonesty during the previous seven years; (9) has practiced massage therapy while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice massage therapy; (10) has sustained a physical or mental disability, as determined by a physician that renders further practice by the licensee dangerous to the public; (11) has engaged in or has assisted another to engage in unlicensed practice as provided in this chapter; (12) has presented another licensee's license as his own or has falsely impersonated another license holder; (13) has allowed the use of a license by an unlicensed individual or entity; or (14) has used or attempted to use a license that has been revoked, suspended, or otherwise restricted from active licensure. (B) The board may not deny an individual a license under this chapter solely because of a prior criminal conviction unless the criminal conviction directly relates to the practice of massage therapy. However, the board may refuse to issue a license under this chapter based upon all information available, including the applicant's record of prior convictions, if it finds that the applicant is unfit or unsuited to engage in the practice of massage therapy, pursuant to Section 40-1-140.

Legislative History

HISTORY: 1996 Act No. 387, SECTION 1; 2013 Act No. 41, SECTION 6, eff June 7, 2013; 2022 Act No. 151 (S.227), SECTION 2, eff May 13, 2023. Effect of Amendment The 2013 amendment, in the first paragraph, deleted "disciplinary" before "panel taking disciplinary action"; deleted former subsection (7), relating to conduct; redesignated former subsections (8) through (11) as (7) through (10); rewrote subsection (8); and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, rewrote the section.