State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
400X0230 | HOUSE HEALTH AND HUMAN SERVICES ENGROSSED NO. HB 1027 - 01/21/2016 |
Introduced by: The Committee on Health and Human Services at the request of the Board of
Massage Therapy
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FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure of massage
therapists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-35-1 be amended to read:
36-35-1. Terms in this chapter mean:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-35-1 be amended to read:
36-35-1. Terms in this chapter mean:
(1) "Board," the Board of Massage Therapy;
(2) "Licensee," a person who meets the qualifications for licensure pursuant to this
chapter and holds a valid license to practice massage therapy;
(3) "Massage," the systematic mobilization of the soft tissues of the body through the
application of hands, feet, or devices for the purposes of therapy, relaxation, or
education through means which include:
(a) Pressure, friction, stroking, rocking, kneading, percussion, compression, or
stretching;
(b) External application of water, heat, cold, lubricants, or other topical agents; or
(c) The use of devices that mimic or enhance the actions done by of human hands
or feet; and
Section 2. That § 36-35-2 be amended to read:
36-35-2. The board consists of five members appointed by the Governor. The
The terms of members begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's
term expires on October thirtieth in the third year of appointment.
Section 3. That § 36-35-4 be amended to read:
36-35-4. The board shall
Section 4. That § 36-35-5 be amended to read:
36-35-5. The board shall hold
Section 5. That § 36-35-8 be amended to read:
36-35-8. Any person engaged in the practice of massage in this state shall conspicuously display a valid license from the board in the
Section 6. That § 36-35-10 be amended to read:
36-35-10. Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicensed person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor. The board may
Section 7. That § 36-35-12.1 be amended to read:
36-35-12.1. Upon application and payment of
is effective for a term of not more than one hundred eighty ninety days. A temporary license
permit automatically expires on the occurrence of the following:
(1) Issuance of a regular license;
(2) Failure to pass the licensing examination; or
(3) Expiration of the term for which the temporary license was issued.
Section 8. That § 36-35-12.2 be repealed.
36-35-12.2. The board shall automatically issue a license with an expiration date of
September 30, 2014, to any massage therapist licensed in South Dakota before July 1, 2013.
Section 9. That § 36-35-12.3 be amended to read:
36-35-12.3.Unless automatically issued pursuant to this section, a A license issued under
this chapter is valid until September thirtieth following the date it is issued and automatically
expires unless it is renewed.
Section 10. That § 36-35-13 be amended to read:
36-35-13. For the purposes of this chapter, any of the following acts constitute unprofessional conduct:
Section 8. That § 36-35-12.2 be repealed.
Section 9. That § 36-35-12.3 be amended to read:
36-35-12.3.
Section 10. That § 36-35-13 be amended to read:
36-35-13. For the purposes of this chapter, any of the following acts constitute unprofessional conduct:
(1) Conviction of or a plea of guilty to any felony, any crime involving or relating to the
practice of massage, or any crime involving dishonesty or moral turpitude;
(2) Providing the board false or misleading information on any application for a license
or renewal of a license;
(3) Willful misconduct or negligence in the practice of massage;
(4) Exceeding the scope of practice of massage as defined in § 36-35-1;
(5) Engaging in any lewd or immoral conduct;
(6) Making fraudulent charges for services;
(7) Engaging in conduct which endangers the health or welfare of clients or other
persons; or
(8) Failure to comply with any provision of this chapter; or
(9) Engaging in any act that aids, abets, facilitates, or promotes a violation of this
chapter.
Section 11. That § 36-35-14 be repealed.
36-35-14. Until July 1, 2008, the board may issue a license to a person who demonstrates
completion of a minimum of one hundred hours of training or study in the practice of massage
with a facility or instructor recognized by the board or adequate experience derived from the
active practice of massage for at least the three years immediately preceding the date of the
application. Any person applying for a license under this section is not required to comply with
the examination and training or study requirements of § 36-35-12 but shall meet the other
criteria set forth in § 36-35-12. Any person applying for a license under this section shall submit
an application as required by § 36-35-12 along with proof of active practice for at least three
years prior to the date of application. Any person who qualified for licensure pursuant to this
section and allowed the license to lapse may be issued a license, notwithstanding the initial time
period provided in this section, by complying with this section before June 30, 2012.
Section 12. That § 36-35-15 be amended to read:
36-35-15.Any person holding a valid license or registration to practice massage from
another state whose requirements for licensure or registration are not less restrictive than this
state is exempted from the requirement for any examination for licensure by § 36-35-12. Any
person applying for a license under this section shall submit an application as required by § 36-35-12 along with proof of a current license. Notwithstanding the provisions of § 36-35-12, the
board may issue a license to an applicant licensed to practice massage therapy in another state
if the applicant demonstrates the following qualifications:
Section 11. That § 36-35-14 be repealed.
Section 12. That § 36-35-15 be amended to read:
36-35-15.
(1) Eighteen years of age or older;
(2) Absence of unprofessional conduct;
(3) Professional liability insurance pursuant to § 36-35-21;
(4) Verification from the authority that issued the applicant's license indicating the
applicant is in good standing and currently licensed to practice; and
(5) Experience and competency in massage indicated by education that substantially
complies with subdivision 36-35-12(2) or verification of an active massage therapy
practice in the state of licensure in the two years immediately preceding the date of
application for licensure.
For the purpose of this section, the term, active massage therapy practice, means the
applicant has had at least two hundred hours of patient contact in the preceding two-year period.
Section 13. That § 36-35-16 be amended to read:
36-35-16. Anyperson licensee holding a valid license under this chapter may renew that
license by making application for renewal, paying the required renewal fee, and providing proof
of compliance with the continuing education requirements set by the board. If the board has not
received a license renewal application by the expiration date, the board shall notify the licensee
within five days that the renewal application has not been received and that the licensee may not
practice until the license is renewed. Any person who submits a license renewal application and
provides proof of compliance with the continuing education requirements set by the board
within thirty days after the expiration date shall may be granted a license renewal.
Section 14. That § 36-35-18.1 be amended to read:
36-35-18.1. The board mayissue an inactive massage therapist place a massage therapy
license on inactive status upon submission of an application and payment of the application fee.
Section 15. That § 36-35-20 be amended to read:
36-35-20. The boardshall may receive and may investigate any complaint filed with the
board alleging that any licensed massage therapist has violated the requirements a violation of
this chapter. The board may inspect the place of business of any person with a license issued
pursuant to this chapter the licensee named in a complaint pursuant to this section during normal
business hours or upon written notice.
Section 16. That § 36-35-22 be amended to read:
36-35-22. The board may cancel, suspend, or revoke a license following a contested case hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision of this chapter. The board may waive the requirement of prior notice and an informal meeting set forth in § 1-26-29 if the licensee presents an immediate threat to the public or has engaged in willful misconduct. Anyperson
licensee may appeal the cancellation, suspension, or revocation of a license in compliance with
chapter 1-26.
Section 17. That § 36-35-24 be amended to read:
36-35-24. The board may promulgate rules pursuant to chapter 1-26in the following areas
to establish:
Section 13. That § 36-35-16 be amended to read:
36-35-16. Any
Section 14. That § 36-35-18.1 be amended to read:
36-35-18.1. The board may
Section 15. That § 36-35-20 be amended to read:
36-35-20. The board
Section 16. That § 36-35-22 be amended to read:
36-35-22. The board may cancel, suspend, or revoke a license following a contested case hearing in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation of any provision of this chapter. The board may waive the requirement of prior notice and an informal meeting set forth in § 1-26-29 if the licensee presents an immediate threat to the public or has engaged in willful misconduct. Any
Section 17. That § 36-35-24 be amended to read:
36-35-24. The board may promulgate rules pursuant to chapter 1-26
(1) The form and information required for any license application;
(2) A list of recognized facilities or instructors who may provide training or instruction
required for licensure or continuing education requirements;
(3) The amount of license fees;
(4) The procedures for conducting disciplinary proceedings;
(5) The procedures for conducting complaint investigations;
Section 18. That § 36-35-25 be amended to read:
36-35-25. The provisions of this chapter do not apply to any person performing massage for compensation if the massage is done under one of the following circumstances:
(1) As part of a licensed practice as a physician, physician assistant, chiropractor, nurse,
physical therapist, athletic trainer, or other health care profession licensed or certified
under Title title 36;
(2) As part of a licensed practice pursuant to chapter 36-14 or 36-15, if the licensee is
performing within the scope of the licensed practice and the licensee does not hold
himself or herself out to be a massage therapist or to be engaged in the practice of
massage therapy;
(3) In furtherance of duties as an employee of the United States;
(4) As part of a course of study with a facility or instructor recognized and approved by
the board to provide training in massage or the provision of such instruction;
(5) As part of providing a course of instruction or continuing education by a licensed
massage therapist from another state or provider preapproved by the board, in the
practice of massage therapy on a temporary basis not in excess of ten days per
calendar year; or
(6) Manipulation of the soft tissues of the human body is restricted to the hands, feet, or
ears and the person does not hold himself or herself out to be a massage therapist or
to be engaged in the practice of massage therapy.
Section 19. That chapter 36-35 be amended by adding a NEW SECTION to read:
Section 19. That chapter 36-35 be amended by adding a NEW SECTION to read:
The board may:
(1) Administer, coordinate, and enforce the provisions of this chapter;
(2) Evaluate the qualifications of applicants for licensure and permits and issue and
renew licenses and permits;
(3) Maintain the names of persons that meet the qualifications for licensure;
(4) Conduct all disciplinary proceedings under this chapter;
(5) Maintain a record of each complaint received by the board;
(6) Establish standards for the safe and qualified practice of massage therapy;
(7) Report licensing actions and status to relevant state and federal governing bodies as
may be required, or as the board deems appropriate; and
(8) Employ or contract with personnel and enter into contracts pursuant to law to carry
out the board's responsibilities.