SEC. 73-67-27. Grounds for denial, suspension or revocation of certificate of registration; investigative proceedings; prostitution in connection with massage; penalties [Repealed effective July 1, 2008].
(1) The board may refuse to issue or renew or may deny, suspend or revoke any certificate of registration held or applied for under this chapter upon finding that the holder of a certificate of registration or applicant:
(a) Is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any certificate of registration provided for in this chapter;
(b) Attempted to use as his own the certificate of registration of another;
(c) Allowed the use of his certificate of registration by another;
(d) Has been adjudicated as mentally incompetent by regularly constituted authorities;
(e) Has been convicted of a crime, or has charges or disciplinary action pending that directly relates to the practice of massage therapy or to the ability to practice massage therapy. Any plea of nolo contendere shall be considered a conviction for the purposes of this section;
(f) Is guilty of unprofessional or unethical conduct as defined by the code of ethics;
(g) Is guilty of false, misleading or deceptive advertising, or is guilty of aiding or assisting in the advertising of any unregistered or unpermitted person in the practice of massage therapy;
(h) Is grossly negligent or incompetent in the practice of massage therapy; * * *
(i) Has had rights, credentials or one or more license(s) to practice massage therapy revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee similar to acts described in this section. A certified copy of the record of the jurisdiction making such a revocation, suspension or denial shall be conclusive evidence thereof; or
(j) Has been convicted of any felony, other than a violation of federal or state tax laws.
(2) Investigative proceedings may be implemented by a complaint by any person, including members of the board.
(3) (a) Any person(s) found guilty of prostitution using as any advertisement, claim or insignia of being an actual registered massage therapist or to be practicing massage therapy by using the word "massage" or any other description indicating the same, whether or not the person(s) have one or more such certificate of registration for person(s) or establishment(s), shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00), nor more than Five Thousand Dollars ($5,000.00), or imprisonment of up to six (6) months, or both, per offense, per person.
(b) Any person who knowingly participates in receiving illegal service(s) of any person found guilty as described in paragraph (a) of this subsection, upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for up to one (1) month, or both. Persons officially designated to investigate complaints are exempt.
(c) Any person who violates any provision of this chapter, other than violation(s) of paragraph (a) of this subsection, is guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for up to one (1) month in jail, or both, per offense.
(d) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted against either the accused, the charging party, or both, as it may elect.
SOURCES: Laws, 2001, ch. 549, § 14, SB 2360; Laws, 2004, ch. 476, § 14SB 2721, eff from and after June 30, 2004.
PREVIOUS VERSIONS: Pre-2004
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