Section 15. Violation of act.
(a) General rule.--Notwithstanding any law to the contrary, a person that violates a provision of this act commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than six months for the first violation and to pay a fine of not more than $2,000 or to imprisonment for not less than six months nor more than one year, or both, for each subsequent violation.
(b) Civil penalty.--In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board or by a vote of the majority of the qualified and confirmed membership or a minimum of five members, whichever is greater, may levy a civil penalty of up to $10,000 on any of the following:
(1) A massage therapist who violates a provision of this act.
(2) A person that employs a massage therapist in violation of this act.
(3) An individual who holds himself out as a licensee without being properly licensed as provided in this act.
(4) The responsible officers or employees of a corporation, partnership, firm or other entity that violates a provision of this act.
(c) Assessment of costs of investigation.--The board may assess against the respondent in a disciplinary action under this act, as part of the sanction, the cost of investigation underlying that disciplinary action.
(d) Administrative Agency Law.--Action of the board under subsection (b) is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
Compiler's Note: Section 3 of Act 25 of 2009, which amended section 5 of the act of July 2, 1993 (P.L.345, No.49), provided that section 15 is repealed insofar as it is inconsistent with the amendment of section 5.