Title 40, Professions and Occupations

(A) A licensee may provide a written request to the board to place a license in inactive status. If a license is placed in inactive status, then a licensee is not authorized to practice massage therapy in this State until the license is reinstated to active status. (B) A licensee…

The board shall promulgate regulations establishing the following: (1) continuing education requirements and compliance procedures: (a) for license renewal or reinstatement, not to exceed twelve hours per biennium; (b) for license reactivation, not to exceed six hours for each ye…

Unless otherwise provided in this chapter, Article 1, Chapter 1, Title 40 applies to massage therapists, massage therapy establishments, and sole practitioner establishments licensed pursuant to this chapter; however, if there is a conflict between this chapter and Article 1, Cha…

(A) The department shall investigate complaints and violations as provided in this chapter and Chapter 1, Title 40. (B) The presiding officer of the board may administer oaths if taking testimony concerning any matters pertaining to the business or duties of the board. If after i…

(A) If the board or the department has reason to believe that an individual or an entity is violating or intends to violate a provision of this chapter or a regulation promulgated pursuant to this chapter, in addition to all other remedies, the board may order an individual or an…

(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 fraudu…

In addition to the grounds provided in Section 40-1-110, the board may deny licensure to an applicant for a massage therapy establishment or sole practitioner establishment license or may take disciplinary action against an entity licensed as a massage therapy establishment or so…

If investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-30-230(A)(9), or a physical or mental disability, as provided for in Section 40-30-230(A)(10), the board upon reasonable grounds may: (1) require an appl…

(A) Upon a determination by the board that one or more of the grounds for discipline exists, in addition to sanctions provided in Section 40-1-120, the board may: (1) issue a nondisciplinary letter of caution; (2) issue a private reprimand; (3) issue a public reprimand; (4) impos…

(A) A licensee who is under investigation for misconduct, pursuant to Section 40-30-230 or Section 40-30-235, voluntarily may surrender its license to the board, invalidating the license at the time it is surrendered. An individual or establishment that voluntarily surrenders a l…

(A) Service of any notice provided for by law upon a nonresident licensed under this chapter or upon a resident who having been licensed, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made b…

(A) All costs and fines imposed under Section 40-30-250 or Section 40-30-160 are due and payable as required by the board. Failure to pay costs and fines may result in action pursuant to Section 40-1-180. (B) A licensee found to be in violation of this chapter or the regulations …

As used in this chapter: (1) "Approved massage therapy education program" means a supervised educational program in a school approved by the Commission on Higher Education. The program must meet minimum qualifications, including course content as approved by the board in regulati…

(A) Every communication, whether oral or written, made by or on behalf of an individual or an establishment, to the director, his designee, or the board, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought agains…

Nothing in this chapter may be construed to prevent the teaching of massage therapy in this State at an approved massage therapy school or in an approved massage therapy education program.

(A) There is created the Board of Massage Therapy under the administration of the department. The board shall be composed of seven members appointed by the Governor, upon the advice and consent of the Senate. Six members must be licensed massage therapists in good standing and mu…

(A) The department shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board, pursuant to Section 40-1-50. (B) The board shall administer and enforce this chapter and related regulation…

(A) The department shall prepare and publish a current roster on its website, updated annually, containing: (1) the names and places of business of individuals licensed pursuant to this chapter; and (2) the names of establishments licensed pursuant to this chapter and the names o…

The department shall charge and collect the following fees: (1) massage therapist initial license application fee, not to exceed one hundred fifty dollars; (2) massage therapist endorsement application fee, not to exceed two hundred dollars; (3) biennial massage therapist licensu…

(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 …

It shall be unlawful for any person whether heretofore licensed or not under the laws of this or any other State to practice naturopathy in this State.

Any person violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and be fined not exceeding five hundred dollars or be imprisoned for a period of not exceeding one year, or both, in the discretion of the court.

(A) There is created the State Board of Nursing composed of eleven members. Two must be licensed practical nurses from the State at large, and two must be lay members from the State at large. Seven must be registered nurses, each representing one congressional district, and at le…

Restraining orders and cease and desist orders may be issued in accordance with Section 40-1-100.

(A) In addition to the grounds provided in Section 40-1-110, upon finding misconduct the board may cancel, fine, suspend, revoke, issue a public reprimand or a private reprimand, or restrict, including probation or other reasonable action such as requiring additional education an…

(A) An employer, including an agency, or supervisor of nurses, shall report any instances of the misconduct or the incapacities described in Section 40-33-110 to the State Board of Nursing not more than fifteen business days, excepting Saturdays, Sundays, and legal holidays, from…

The board has jurisdiction over the acts and omissions of current and former licensees as provided in Section 40-1-115.

(A) If the board finds that probable cause exists that a licensee or applicant may be addicted to alcohol or drugs or may have sustained a physical or mental disability that may render practice by the licensee or applicant dangerous to the public, the board, without a formal comp…

(A) In addition to the powers and duties enumerated in Section 40-1-120, the board may issue private reprimands. The board may impose a fine of up to two thousand dollars for each violation of a provision of this chapter or of a regulation promulgated by the board, not to exceed …

As provided in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

The Nurse Licensure Compact is hereby enacted into law and entered into by this State with all other states legally joining therein, in the form substantially as set forth in this article.

(A) The party states find that: (1) the health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws; (2) violations of nurse licensure and other laws regulating the practice of…

As used in this article: (1) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licen…

(A) A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational n…

(A) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether: (1) the applicant has ever held, or is the holder of, a license issued by another state; (2) there is an e…

(A) In addition to the other powers conferred by state law, a licensing board has the authority to: (1) Take adverse action against a nurse's multistate licensure privilege to practice within that party state, provided: (a) only the home state has the power to take adverse action…

(A) All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submi…

(A) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. (1) The commission is an instrumentality of the party states. (2) Venue is proper, and judicial proceedings by or against the commi…

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted pursuant to it. Rules and amendments become binding as of the date specified in each rule or amendment and have the same force and effect as provisions…

(A) Oversight. (1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. (2) The commission is entitled to receive service of process in any proceeding that may affect the powers, responsibilit…

(A) This compact must become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six states or December 31, 2018. All party states to this compact that also were parties to the prior Nurse Licensure Compact, su…

This compact must be liberally construed so as to effectuate its purposes. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or…

As provided for in Section 40-1-140, a license may not be denied based solely on a person's prior criminal record.

A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license to practice in accordance with and subject to the provisions of Section 40-1-150.

A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Court in accordance with Section 40-1-160. Service of a petition for review does not stay the board's decision pending completion of the appellate process.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.