§ 40-30-90 — Construction of chapter; practitioners licensed in other jurisdictions; massage therapy establishment license.

(A) This chapter shall not be construed to apply to or restrict: (1) a currently enrolled student from engaging in the practice of massage therapy, provided that the practice, conduct, activities, or services are part of a required course of study and that the currently enrolled student clearly identifies himself as a student. A currently enrolled student shall not be compensated for work experience and must be supervised on site by a licensed massage therapy supervisor; (2) student clinics operated by an approved massage therapy school or an approved massage therapy education program; (3) an unlicensed individual from providing massage therapy services related to the domestic care of any family member or household member, as long as the individual does not offer, hold out, or claim to be a massage therapist and does not receive compensation for the massage therapy services; (4) an individual currently licensed and in good standing to practice massage therapy in another jurisdiction from engaging in the practice of massage therapy in this State on a temporary basis during a professional event for a period of no more than thirty days, or no longer than the time period of the event, whichever is less, provided that: (a) the individual must submit a written application prior to engaging in the temporary practice of massage therapy pursuant to this item, in a manner prescribed by the board. Upon the board's approval, the individual may engage in the practice of massage therapy on a temporary basis; and (b) any temporary practice beyond thirty days requires a massage therapist license, pursuant to this chapter; or (5) an individual currently licensed and in good standing to practice massage therapy in another jurisdiction from engaging in the practice of massage therapy if the individual is responding to a disaster or emergency declared by the appropriate authority or the Governor of this State. An individual practicing massage therapy pursuant to this item must provide notice to the board in a manner prescribed by the board prior to providing massage therapy services in this State and is only eligible to practice during the time of the declared emergency. (B) Individuals engaging in the practice of massage therapy in this State under subsection (A)(4) or (5) are deemed to have submitted to the jurisdiction of the board and are bound by the applicable laws and regulations of this State. (C) While a practitioner licensed in another jurisdiction may participate in a continuing education program in this State, he is not authorized to practice massage therapy on the general public without proper approval or licensure from the board. (D) The following facilities and practices that employ licensed massage therapists, or that engage licensed massage therapists on an independent contractor basis, are not required to obtain a massage therapy establishment license, or a sole practitioner establishment license: (1) hospitals and long-term health care facilities that are subject to a licensing regime, a supervising authority, or an agency with jurisdiction over the hospital's or facility's operation or licensing; (2) a chiropractor licensed by the South Carolina Board of Chiropractic Examiners; (3) a medical doctor or an osteopath licensed by the South Carolina Board of Medical Examiners; and (4) a physical therapist licensed by the South Carolina Board of Physical Therapy.

Legislative History

HISTORY: 2022 Act No. 151 (S.227), SECTION 2, eff May 13, 2023. Editor's Note Prior Laws: Former SECTION 40-30-90 was titled Annual report, and had the following history: 1986 Act No. 467, SECTION 3; 1996 Act No. 387, SECTION 1; 2013 Act No. 41, SECTION 3, eff June 7, 2013;