HLS 12RS-1272 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 923
BY REPRESENTATIVE PONTI
MASSAGE THERAPISTS: Provides with respect to the La. Massage Therapists and
Massage Establishment Act
AN ACT1
To amend and reenact R.S. 37:3552, 3553, 3554(A), (B), (D), (E), and (F), 3555, 3556,2
3557, 3558(A), (B), and (D), 3559, 3561, 3563, 3564, 3565, and 3566(B) and (C)3
and to repeal R.S. 35:3560, relative to massage therapy; to provide for definitions;4
to provide for applicability of the Louisiana Massage Therapists and Massage5
Establishment Act; to provide for exemptions; to provide for the Louisiana Board of6
Massage Therapy; to provide for membership of the board; to provide for the powers7
and duties of the board; to require licensure for person performing massage therapy;8
to provide for licensure for massage establishments; to establish licensure9
requirements; to provide for an examination; to provide for licensing regulations; to10
provide for the expiration and renewal of licenses; to provide for inactive status; to11
provide for disciplinary actions; to regulate advertising as a massage therapist or a12
massage establishment; to provide for penalties; to provide for injunctions; and to13
provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 37:3552, 3553, 3554(A), (B), (D), (E), and (F), 3555, 3556, 3557,16
3558(A), (B), and (D), 3559, 3561, 3563, 3564, 3565, and 3566(B) and (C) are hereby17
amended and reenacted to read as follows: 18
§3552. Definitions 19
As used in this Chapter: 20 HLS 12RS-1272 ORIGINAL
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(1) “Advertise” or “advertising” means to publish, display, or disseminate1
promotional information and includes but is not limited to the issuance of any card,2
sign, or direct mail, or in any newspaper, magazine, publication, or any3
announcement or display via any televised, computerized, electronic, or telephone4
networks, magnetic signs, or media. “Advertise” shall not include the following:5
(a) Telephone directory information including white pages, yellow pages,6
and any internet publication made by the phone directory company in which one is7
listed.8
(b) Building signs identifying the location, unless the building sign contains9
promotional material.10
(2) "Board" means the Louisiana Board of Massage Therapy. 11
(2) (3) "Department" means the Department of Health and Hospitals.12
(4) “Inactive status” means a licensed massage therapist has, pursuant to the13
provisions of this Chapter, notified the board of intent to voluntarily cease activity14
as a massage therapist for a period of time not to exceed five years.15
(5) “Lapsed license” means a board issued license which has not been16
renewed for a period of more than two years and the holder of the license has not17
taken inactive status.18
(6) “Licensee” means any person or business that has a professional or19
establishment license issued by the board.20
(3) (7) "Massage establishment" means any place of business in which21
massage therapy is practiced by a massage therapist that offers the practice of22
massage therapy and where the practice of massage therapy is conducted on the23
premises of the business. A place of business includes any office, clinic, facility, or24
other location where a person or persons engage in the practice of massage therapy.25
The residence of a therapist or an out call location which is not owned, rented, or26
leased by a massage therapist or massage establishment, shall not be considered a27
massage establishment, unless the location is advertised as the therapist’s or28
establishment’s place of business.29 HLS 12RS-1272 ORIGINAL
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(4) (8) "Massage therapist" means an individual who practices or administers1
massage therapy to a patron of either gender for compensation. The term shall2
include a therapeutic massage practitioner, massage technician, masseur, masseuse,3
or any derivation of those titles a person who engages in the practice of massage4
therapy for compensation.5
(9) “Person” means an individual, corporation, association, or other legal6
entity.7
(5) (10) "Massage Practice of massage therapy" means the manipulation of8
soft tissue for the purpose of maintaining good health and establishing and9
maintaining good physical condition. The practice of massage therapy shall include10
advertising or offering to engage in the practice of massage therapy, and holding11
oneself out or designating oneself to the public as a massage therapist or massage12
establishment. The term practice of massage therapy shall include, but is not limited13
to effleurage (stroking), petrissage (kneading), tapotement (percussion),14
compression, vibration, friction, (active/passive range of motion), stretching, Shiatsu,15
and acupressure, reflexology, and Swedish massage either by hand, forearm, elbow,16
foot, or with mechanical appliances for the purpose of body massage. Massage17
therapy may include, but is not limited to the use of lubricants such as salts, powders,18
liquids, creams, (with the exception of prescriptive or medicinal creams), heat lamps,19
hot and cold stones, whirlpool, hot and cold pack packs, salt glow, body warps, or20
steam cabinet baths. It shall not include electrotherapy, laser therapy, microwave,21
colonic therapy, or injection therapy, or manipulation of the joints. Equivalent terms22
for massage therapy are massage, therapeutic massage, massage technology, Shiatsu,23
body work, or any derivation of those terms. As used in this Chapter, the terms24
"therapy" and "therapeutic" shall not include diagnosis, the treatment of illness or25
disease, or any service or procedure for which a license to practice medicine,26
chiropractic, physical therapy, or podiatry is required by law. 27 HLS 12RS-1272 ORIGINAL
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(6) "Massage therapy instructor" means an individual who is licensed as a1
massage therapist, who possesses credentials satisfactory to the board and who meets2
criteria established by the board pursuant to rule. 3
(7) "Person" means an individual, corporation, association, or other legal4
entity.5
(11) “Professional Massage Therapy Association” means a statewide6
organization or statewide chapter of an organization which meets all of the following7
criteria:8
(a) Either directly, or through the parent organization, qualifies as a tax9
exempt nonprofit organization under 26 U.S.C. §501(c)(6).10
(b) Within Louisiana, offers a voting membership to licensed massage11
therapists who practice or reside in Louisiana and who maintain their voting12
membership in good standing.13
(c) Within Louisiana, is administered by a governing body composed of14
officers democratically elected by the organization’s voting membership with15
Louisiana.16
(12) “Writing” shall be a written communication transmitted either by United17
States Mail or by electronic means such as email.18
§3553. Application of Chapter; exceptions and exemptions19
A. This Chapter shall apply to any person practicing as a massage therapist20
or massage establishment engaging in the practice of massage therapy within the21
state of Louisiana.22
B.(1) This Chapter shall not apply to any of the following:23
(a) Persons who are licensed by the state to practice any of the following:24
medicine or surgery, osteopathic medicine and surgery, podiatry, nursing,25
occupational therapy, physical therapy, chiropractic medicine.26
(b) Persons who are practicing as a physician’s assistant, as an athletic27
trainer, or as a cosmetologist licensed in accordance with R.S. 37:561 et seq.28 HLS 12RS-1272 ORIGINAL
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(c) Persons acting under the prescription or supervision of a person licensed1
to practice medicine or surgery in the state.2
(d) Persons who provides services performed in hospitals licensed by the3
state. 4
(2) This Chapter shall also not apply to any of the following:5
(a) Persons who are licensed, registered, or certified in another state,6
territory, the District of Columbia, or a foreign country when incidentally present in7
the state to teach a course of instruction related to massage and bodywork therapy8
as a continuing education course.9
(b) Persons giving massage and bodywork to their immediate family without10
compensation.11
(c) Persons incidentally present in the state to provide services as part of an12
emergency response team working in conjunction with relief officials during a13
disaster provided such persons are properly licensed in the state from which they14
originate.15
C. Nothing in this Chapter shall be construed as preventing or restricting the16
practice or activities of any person licensed in this state under any other law from17
engaging in the profession or occupation for which he is licensed. However, no18
person shall in any way hold himself out or designate himself as a massage therapist19
unless duly licensed by the board in accordance with this Chapter.20
§3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,21
terms, vacancies, officers, meetings, reimbursement, liability22
A.(1) There is hereby created the The Louisiana Board of Massage Therapy23
is created within the Louisiana Department of Health and Hospitals. It shall be24
composed of seven members appointed by the governor. Five licensed massage25
therapists of the members shall be appointed from a list of nominees submitted to the26
governor by professional massage therapy and bodyworks associations. Two lay27
members shall be appointed from a the list of nominees, submitted to the governor28
by professional massage therapy associations. both of whom shall be consumers who29 HLS 12RS-1272 ORIGINAL
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have never been nor are currently a licensed massage therapist in the state. Two1
additional licensed massage therapists shall be appointed to the board from a general2
list of names which are submitted for consideration by other interested sources or3
individuals.4
(2) The All massage therapists initially appointed to the board from5
nominations submitted to by the governor by professional massage therapy6
associations shall be qualified to be licensed and in good standing under this Chapter.7
The appointees shall have practiced massage therapy for at least three years . and8
shall be required to obtain a license within one hundred eighty days after9
appointment to the board; thereafter, massage therapists appointed to the board shall10
be licensed as massage therapists under this Chapter and shall have been in practice11
for a minimum of three years.12
(3) The initial members of the board shall be appointed by the governor not13
later than October 1, 1992.14
B. Except as provided in Paragraph (1) of this Subsection, All members of15
the board shall serve two-year terms. However, no No member shall serve more than16
three consecutive terms. Board For the purposes of staggering the board member17
terms, are to be staggered as follows:18
(1) The the governor shall appoint to the board three massage therapists and19
one lay person each to a term of one year beginning October 1, 2002. Thereafter,20
member in odd years the governor shall appoint three massage therapists and one lay21
person to the board.22
(2) In even years the governor shall appoint and two massage therapists and23
one lay person to the board member in even number of years.24
* * *25
D. The board shall hold its first meeting within thirty days after October 1,26
1992, and shall meet at least twice each year thereafter. Additional board meetings27
may be held at the call of the chairman or upon the written request of any three28
members of the board.29 HLS 12RS-1272 ORIGINAL
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E. The Each year, the board shall annually elect a chairman, vice chairman,1
secretary, and treasurer from its membership and shall maintain records of the2
attendance of its members at board meetings.3
F. Each member of the board shall serve with compensation, not to exceed4
fifty dollars per day, and consisting of at least three hours of board business,5
including travel time. Board members shall be reimbursed for travel and related6
expenses incurred, not to exceed those expenses authorized for reimbursement by the7
Department of Health and Hospitals, for each day that the member engages in board8
business.9
* * *10
§3555. Powers and duties of the board 11
A. The board shall: 12
(1) Prescribe application forms for examination, licensure, and registration13
and assess and collect fees pursuant to R.S. 37:3562. Regulate the practice of14
massage and bodywork in Louisiana by licensing massage therapists who meet the15
state’s minimum standards of education. Among its functions, the board16
promulgates rules and regulations, issues and renews professional and establishment17
licenses, collects and assesses fees pursuant to RS 37:3562, inspects, investigates,18
and disciplines licensees, including both individuals and establishments, who violate19
the law, and imposes fines and penalties.20
(2) Perform inspections and investigate persons who may be engaging in21
practices which violate provisions of this Chapter and impose fines and penalties.22
(3) Maintain a complete record going back for a period of at least five years23
of all licensed massage therapists and annually prepare a roster of the names and24
addresses of all such licensees. A copy of this roster shall be made available to any25
person requesting it, upon payment of a fee set by the board in an amount sufficient26
to cover the costs of its publication and distribution. 27
(3) Investigate persons who may be engaging in practices which violate28
provisions of this Chapter and impose fines and penalties. 29 HLS 12RS-1272 ORIGINAL
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(4) Adopt and revise rules and regulations pursuant to the Administrative1
Procedure Act for the purpose of administering the provisions of this Chapter. Such2
rules and regulations shall include rules relating to the definition of unprofessional3
conduct, as that term is further defined in R.S. 37:3563(A)(3). 4
(5) Issue declaratory rulings interpreting the scope of practice of massage5
therapy, as that term is further defined in R.S. 37:3552(5) R.S. 37:3552(10). 6
(6) Have all other powers necessary and proper for the performance of its7
duties. 8
B. The board may: 9
(1) Accept or deny entrance of any applicant applying for licensure or10
registration. 11
(2) Establish continuing education requirements for license renewal and12
criteria for certifying massage therapy instructors. 13
§3556. Licensure; qualifications14
A.(1) No person shall act as or perform the duties of a massage therapist15
unless he possesses engage in the practice of massage therapy without a current16
license issued pursuant to this Chapter or is unless exempt under the provisions of17
this Chapter. To receive a massage therapist license in the state of Louisiana, an18
applicant shall pay the application fee pursuant to R.S. 37:3562(B) and shall submit19
evidence satisfactory to the board of meeting the following requirements:20
(1) Has satisfactorily completed an approved massage therapy studies21
program as established in the board rules.22
(2) Has passed a national examination approved by the board under R.S.23
37:3557 within two years from the date the application is filed.24
(3) Is a citizen or legal resident of the United States and has the ability to25
read, write, speak, and understand English fluently.26
(4) Has not, within the five years preceding the date of the application, been27
convicted of a nonviolent felony.28 HLS 12RS-1272 ORIGINAL
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(5) Has never been convicted of or pled nolo contendere to a violent felony1
or a criminal offense involving sexual misconduct.2
(6) Has submitted to and cleared a background check.3
(2) A licensed massage therapist shall not perform massage therapy, whether4
or not for compensation, at or for a sexually oriented business, as defined in R.S.5
37:3558(D).6
(3) A licensed massage therapist shall not be directly employed by a person7
licensed to practice medicine or osteopathy pursuant to R.S. 37:1261 et seq.8
B. A person desiring to be licensed as a massage therapist shall apply to the9
board to take the examination provided for in R.S. 37:3557. To be eligible to take10
the examination, an applicant shall pay the examination fee, except as otherwise11
provided in R.S. 37:3562(B), and shall submit evidence satisfactory to the board that12
he has met one of the following requirements:13
(1) Has satisfactorily completed massage therapy studies in a minimum five14
hundred-hour supervised course of instruction. The course of instruction may be15
provided by a proprietary massage therapy school licensed by the state Department16
of Education. The minimum five hundred hours shall consist of three hundred17
twenty-five hours dedicated to the study of basic massage therapy techniques and18
clinical practicum-related modalities, one hundred twenty-five hours dedicated to the19
study of anatomy and physiology, and an additional fifty hours of discretionary20
related course work, including but not limited to hydrotherapy, business practices21
and professional ethics, health and hygiene, and cardiopulmonary resuscitation22
(CPR) and first aid.23
(2) Has been in the practice of massage therapy for a minimum of three24
consecutive years prior to the date of application, provided that no person shall25
qualify to take the examination pursuant to the provisions of this Paragraph after26
March 1, 1998.27
(3) Holds a valid license as a physical therapist pursuant to R.S. 37:2401 et28
seq.29 HLS 12RS-1272 ORIGINAL
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(4) Has been licensed or registered as a massage therapist in another state,1
territory, commonwealth, or the District of Columbia which has and maintains2
standards and requirements of practice and licensure or registration which3
substantially conform to the requirements in force in this state, as determined by the4
board.5
The requirements set forth in R.S. 37:3556(A)(1) and R.S. 37:3556(A)(2)6
shall not apply to either of the following:7
(1) Persons who have continuously held a license to engage in the practice8
of massage therapy issued by the board since March 1, 1998.9
(2) Persons who hold a valid, current, and unexpired license or registration10
to engage in the practice of massage therapy in another state, territory,11
commonwealth, or the District of Columbia which has and maintains standards and12
requirements of practice and licensure or registration which substantially conform13
to the requirements in force in this state, as determined by the board.14
C. After review of the evidence submitted, the board shall notify each15
applicant that his application and such evidence is either satisfactory and accepted16
or unsatisfactory and rejected. If an application is rejected, such notice shall state17
the reasons for the rejection.18
D. The board shall issue a license to each person who meets the19
qualifications provided for in R.S. 37:3556 upon payment of the professional license20
fee provided pursuant to R.S. 37:3562. The license, in the form of a Licensed21
Massage Therapist Identification Card (LMT-ID Card), grants all professional rights,22
honors, and privileges to the licensed massage therapist.23
E. Each license granted shall have a validity period of one calendar year and24
shall have an expiration date as determined by administrative rules promulgated by25
the board.26
§3557. Examination 27
A. Examination of applicants to be massage therapists shall be conducted at28
such times and places and under such supervision as the board determines by rule.;29 HLS 12RS-1272 ORIGINAL
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however, examinations shall be conducted at least twice in each calendar year. The1
board shall give public notice and shall notify each person who has made satisfactory2
application for examination of the date, time, and place of examination. 3
B. The board shall determine by rule the scope, form, and content of the4
examination., which shall consist of both a written examination to test knowledge of5
anatomy and physiology and a practical demonstration or oral interview to verify6
skills necessary for the practice of massage therapy. 7
C. An applicant shall successfully pass the examination in order to be8
eligible for licensure as a massage therapist. The board shall notify each applicant9
of the results of the examination in writing. Any applicant who fails to pass the10
examination and is, therefore, refused licensure may take the examination again upon11
application and payment of an additional examination fee. No applicant shall be12
allowed to take the examination more than twice within a two-year period. 13
§3558. Registration of massage Massage establishments14
A. A massage establishment shall register with the board as provided in the15
following:16
(1) For physical addresses where only one massage therapist is practicing:17
(a) The professional massage license shall act as a registration certificate for18
the establishment;19
(b) Separate professional licenses will be issued for each physical address20
listed on the license application form or renewal application form; and21
(c) The professional license will cover all outcalls made from that physical22
address by the licensee.23
(2) For physical addresses where more than one massage therapist is24
practicing:25
(a) A separate massage establishment registration certificate is required;26
(b) The responsibility for obtaining a massage establishment registration27
certificate shall belong to one of the following entities as it applies to the physical28 HLS 12RS-1272 ORIGINAL
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location: sole proprietor, lessee, owner, partnership, corporation, cooperative,1
association, or other legal entity; and2
(c) The establishment registration certificate shall cover all outcalls made3
from the physical address by massage therapists listed on the establishment4
registration.5
Massage establishments shall be required to be licensed as follows:6
(1) Each person engaging in the practice of massage therapy at a massage7
establishment shall be the holder of a Licensed Massage Therapist Identification8
Card (LMT ID Card) which shall identify the therapist as being properly licensed9
and shall authorize the therapist to provide off site massage services.10
(2) All locations where one or more persons are regularly engaged in the11
practice of massage shall register with the board as a massage establishment and pay12
the establishment license fee.13
(3) Obtaining a massage establishment license shall be the responsibility of14
the entity which controls the physical location where the services are provided,15
which entity may be a sole proprietor, lessee, owner, partnership, corporation,16
cooperative, association, or other legal entity.17
B.(1) A sexually oriented business, as defined in Subsection C of this18
Section, shall be ineligible for registration as a massage establishment and shall not19
operate as a massage establishment.20
(2) The physical address where a sexually oriented business is determined21
to be in operation shall be ineligible to house a registered massage establishment for22
a period of not less than two years following such a determination.23
A massage establishment shall employ or contract only licensed massage24
therapists or provisionally licensed massage therapists to perform massage therapy.25
* * *26
D. A massage establishment shall employ only licensed massage therapists27
or provisionally licensed massage therapists to perform massage therapy. A sexually28 HLS 12RS-1272 ORIGINAL
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oriented business shall be ineligible for registration as a massage establishment and1
shall not operate as a massage establishment.2
§3559. Applications; issuance of licenses and certificates of registration; referrals3
License regulations4
A. Applications for licensure, registration, or renewal shall be on forms5
provided by the board and shall be accompanied by the fees specified in R.S.6
37:3562. Each licensed massage therapist who works at a massage establishment7
shall display his LMT-ID Card in plain view in an appropriate public manner. A8
licensed massage therapist who is working outside of a massage establishment shall9
have in his possession his LMT-ID Card and shall present it for review upon request10
of a client or board representative.11
B. The board shall issue a license to each person qualified as a massage12
therapist and a registration certificate to each qualified massage establishment. To13
be qualified for a license as a massage therapist, an applicant shall have successfully14
passed the examination provided for in R.S. 37:3557. Such a license or certificate15
grants all professional rights, honors, and privileges relating to the practice of16
massage therapy. Name or location changes to any license shall be submitted to the17
board within thirty days of the change with appropriate fees.18
C. Each licensed massage therapist shall display his license in an appropriate19
public manner as specified by the board. In addition, each massage establishment20
shall post in plain sight its certificate of registration and the license of each massage21
therapist who practices in the massage establishment. Any license shall be for the22
sole use and benefit of the licensee or location for which it was issued and, as such,23
is nontransferable.24
D. A license or registration certificate is All licenses are the property of the25
board and shall be surrendered upon demand of the board.26
E. Any license or massage establishment registration certificate shall be for27
the sole use and benefit of the licensee or location for whom it was issued and as28
such is nontransferable.29 HLS 12RS-1272 ORIGINAL
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F. Changes to any license or registration certificate must be submitted to the1
board within thirty days on board-approved forms with the appropriate fees, if2
applicable, as per rule.3
§3561. License or registration renewal; reinstatement; continuing education4
requirements 5
A. Each license or registration certificate, except a provisional license, shall6
be renewed annually, on or before the anniversary its expiration date, by forwarding7
to the board submitting a renewal application form, accompanied by the payment of8
the renewal fee specified in R.S. 37:3562. Each licensee, upon making an9
application for renewal of a license, shall submit R.S. 37:3562, and providing10
evidence of satisfactory completion of that the licensee has completed continuing11
education requirements, as established by rule of the board. 12
B. Any license or registration certificate not renewed on or before its13
anniversary expiration date shall expire and all rights and privileges under the license14
shall cease.15
C. However, a A person whose license has lapsed expired and who has16
ceased activities as a massage therapist for not more than five years less than twenty-17
four consecutive months may have his license reinstated upon payment of the18
renewal fee and the late fee specified in R.S. 37:3562, upon submission of a renewal19
application form, and providing evidence satisfactory to the board that he has20
fulfilled continuing education requirements and passed the examination provided for21
in R.S. 37:3557.22
D. A licensee who chooses to adopt inactive status and cease activities as a23
massage therapist may submit an affidavit, along with the specified fee in R.S.24
37:3562 to apply for inactive status as required by rule of the board. If the licensee25
does not request to be placed on inactive status, his license shall expire if not timely26
renewed.27
E. If a person does not apply for inactive status and does not renew his28
license for a period of more than twenty-four consecutive months the license shall29 HLS 12RS-1272 ORIGINAL
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be considered to have lapsed and in order to obtain a license, the person shall submit1
a new application which complies with all of the current requirements of this Chapter2
and the rules of the board as appropriate and shall pay the licensure application fee,3
the original professional license fee, and any other fees applicable to a new4
application.5
* * *6
§3563. Causes for suspension, revocation, or failure to renew or issue a license7
Grounds for discipline8
A. The board may suspend, revoke, or refuse to issue or renew a license or9
registration certificate, after notice and opportunity for hearing pursuant to the10
Administrative Procedure Act, upon proof of any of the following: 11
(1) Obtaining a license or registration certificate by means of fraud,12
misrepresentation, or concealment of material facts, including making false13
statements on an application or other document required by the board. 14
(2) Selling, bartering, or offering to sell or barter a license or registration15
certificate. 16
(3) Engaging in unprofessional conduct that has endangered or which is17
likely to endanger the health, welfare, or safety of the public, as further defined by18
rules of the board. 19
(4) Conviction of a felony, or any crime arising out of or connected with the20
practice of massage therapy, unless such conviction was reversed on appeal. 21
(5) Conviction of any crime arising out of or connected with the practice of22
massage therapy, unless such conviction was reversed on appeal.23
(6) Violating or aiding and abetting in the violation of any provisions of this24
Chapter or the rules and regulations promulgated hereunder. 25
(6) Failing to pass the examination for licensure comply with license or26
renewal requirements. 27
B. Any person who has been convicted of, entered a plea of nolo contendere28
to, or received deferred adjudication to crimes or offenses involving in connection29 HLS 12RS-1272 ORIGINAL
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with any criminal offense involving sexual misconduct or prostitution or sexual1
offenses shall be ineligible for licensure as a massage therapist. or a massage therapy2
instructor.3
C. The board shall revoke the license of any person who is convicted of,4
enters a plea of nolo contendere to, or receives deferred adjudication to a crime or5
offense involving in connection with any criminal offense involving sexual6
misconduct or prostitution or other sexual offenses. 7
C. D. Any person who has been convicted of, entered a plea of nolo8
contendere to, or received deferred adjudication to crimes or offenses involving in9
connection with any criminal offense involving sexual misconduct or prostitution or10
sexual offenses shall be ineligible for registration licensure as an owner or operator11
of a massage establishment. The board shall revoke the registration license of any12
person if the board determines that the establishment is a sexually oriented business,13
as defined in R.S. 37:3558(D), R.S. 37:3558(C), or that a crime or offense involving14
prostitution or other sexual offenses and resulting in a conviction, to which a plea of15
nolo contendere was entered, or deferred adjudication was received has occurred on16
the premises of the establishment since the date of the most recent license renewal.17
of the registration certificate. 18
§3564. Regulation of advertising 19
A. A person who or an entity that does not hold a license as a massage20
therapist, physical therapist, chiropractor, or athletic trainer or a certificate of21
registration or a license as a massage establishment, or any other profession listed22
in R.S. 37:3558(C), shall not use the words "massage", "shiatsu", or "body work" ,23
or any derivative or variation of the word "massage", including specific bodywork24
or massage modalities, on any sign or other form of advertising. Any advertisement25
by a massage therapist or a massage establishment shall contain the license or26
registration number of such therapist or establishment. Building signs with27
promotional material shall also include the professional or establishment number.28 HLS 12RS-1272 ORIGINAL
HB NO. 923
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are additions.
B. Under no circumstances shall a No sexually oriented business, as defined1
in R.S. 37:3558(D), R.S. 37:3558(C), shall use the word "massage", "shiatsu", or2
"body work", or any derivative or variation of the word massage, including specific3
bodywork or massage modalities, on any sign or other form of advertising.4
§3565. Penalties 5
A. Any Violation of the provisions of this Chapter shall be considered a6
misdemeanor and any person, including the owner or operator of a massage7
establishment, who violates the provisions of this Chapter shall be guilty of a8
misdemeanor and, upon conviction, shall be fined not less than one hundred nor9
more than one thousand dollars or imprisoned for not more than six months, or both.10
B. A person convicted of a violation of the provisions of this Chapter shall11
additionally be ineligible for licensure as a massage therapist or registration as a12
massage establishment for a period of five years from the date of conviction. 13
§3566. Injunction 14
* * *15
B. In the suit for an injunction, the board may demand of the defendant court16
may impose a penalty of fifty dollars per day for each violation, together with17
reasonable attorney fees , and the costs of court. 18
C. The judgment for penalty, An award of penalties, attorney fees, and court19
costs may be rendered in the same judgment in which the injunction is made20
absolute. If the board brings an action against someone pursuant hereto and fails to21
prove its case, then it shall be liable to such person for the payment of his attorney22
fees and costs. If the board is unsuccessful in obtaining injunctive relief, the court23
may award attorney fees and costs to the prevailing party.24
Section 2. R.S. 37:3560 is hereby repealed in its entirety.25 HLS 12RS-1272 ORIGINAL
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ponti HB No. 923
Abstract: Makes changes to the La. Massage Therapists and Massage Establishment Act.
Present law provides for definitions.
Proposed law amends the definitions of "massage establishment", "massage therapist", and
"massage therapy" and adds definitions for "advertise", "inactive status", "lapsed license",
"licensee", "person", "professional massage therapy association", and "writing".
Present law provides for the applicability of the La. Massage Therapists and Massage
Establishment Act.
Proposed law retains present law and adds a list of persons who are exempt.
Present law establishes the La. Board of Massage Therapists.
Proposed law retains present law.
Present law provides for the qualifications, terms, vacancies, officers, reimbursement, and
liability of the members of the board.
Proposed law retains present law and allows bodyworks associations and other interested
sources or individuals to submit a list of nominees for membership on the board. Proposed
law also makes technical changes and repeals outdated provisions.
Present law provides for compensation for the members of the board.
Proposed law retains present law and requires at least three hours of board business be
attended to receive the per diem.
Present law provides for the powers and duties of the board.
Proposed law specifies the duties of the board in regulating the practice of massage and
bodywork in Louisiana.
Present law requires a person engaging in the practice of massage therapy to be licensed by
the board as a massage therapist.
Proposed law retains present law and sets forth criteria that must be met by an applicant for
licensure.
Present law provides for the examination of applicants to be massage therapists.
Proposed law provides that the timing and location of examinations for applicants, along
with the scope, form, and content of the examination, shall be determined by administrative
rules adopted by the board.
Present law provides for massage establishments. HLS 12RS-1272 ORIGINAL
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are additions.
Proposed law requires massage establishments to be licensed by the board.
Present law provides for applications for licensure by the board.
Proposed law sets forth the requirements for the display of licenses, name or location
changes on licenses, the use of licenses, and the surrender of licenses.
Present law provides for the renewal and reinstatement of licenses and the continuing
education requirements that must be met prior to renewal of a license.
Proposed law provides for the expiration and renewal of licenses, the renewal and
reinstatement of expired licenses, and allows a licensee to adopt inactive status.
Present law sets forth the causes for the suspension of, revocation of, or refusal to renew or
issue a license.
Proposed law sets forth the grounds for and methods of discipline of a licensee by the board.
Present law provides for penalties.
Proposed law provides that violations of proposed law are misdemeanors punishable by a
fine or jail time.
Present law provides for injunctions.
Proposed law authorizes the board to bring an action for an injunction, together with
reasonable attorney fees and court costs. Proposed law further provides that, if the board is
unsuccessful in obtaining injunctive relief, the court may award attorney fees and costs to
the prevailing party.
(Amends R.S. 37:3552, 3553, 3554(A), (B), (D), (E), and (F), 3555, 3556, 3557, 3558(A),
(B), and (D), 3559, 3561, 3563, 3564, 3565, and 3566(B) and (C); Repeals R.S. 35:3560)