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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. 37:3560, 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 persons 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
(1) "Advertise" or "advertising" means to publish, display, or disseminate21
promotional information and includes but is not limited to the issuance of any card,22 HLS 12RS-1272 REENGROSSED
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sign, or direct mail, or in any newspaper, magazine, publication, or any1
announcement or display via any televised, computerized, electronic, or telephone2
networks, magnetic signs, or media. "Advertise" shall not include the following:3
(a) Telephone directory information including white pages, yellow pages,4
and any Internet publication made by the phone directory company in which one is5
listed.6
(b) Building signs identifying the location, unless the building sign contains7
promotional material.8
(2) "Board" means the Louisiana Board of Massage Therapy. 9
(2) (3) "Department" means the Department of Health and Hospitals.10
(4) "Inactive status" means the status in which a licensed massage therapist11
has, pursuant to the provisions of this Chapter, notified the board of intent to12
voluntarily cease activity as a massage therapist for a period of time not to exceed13
five years.14
(5) "Lapsed license" means a board issued license which has not been15
renewed for a period of more than two years and the holder of the license has not16
taken inactive status.17
(6) "Licensee" means any person or business that has a professional or18
establishment license issued by the board.19
(3) (7) "Massage establishment" means any place of business in which20
massage therapy is practiced by a massage therapist that offers the practice of21
massage therapy and where the practice of massage therapy is conducted on the22
premises of the business. A place of business includes any office, clinic, facility, or23
other location where a person or persons engage in the practice of massage therapy.24
The residence of a therapist or an out call location which is not owned, rented, or25
leased by a massage therapist or massage establishment, shall not be considered a26
massage establishment, unless the location is advertised as the therapist's or27
establishment's place of business. The term "massage establishment" shall not28
include physician offices, physical therapy facilities, chiropractic offices, or athletic29 HLS 12RS-1272 REENGROSSED
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training facilities, whether or not they employ, contract with, or rent to massage1
therapists, or institutions of secondary or higher education when massage therapy is2
practiced in connection with employment related to athletic teams.3
(4) (8) "Massage therapist" means an individual who practices or administers4
massage therapy to a patron of either gender for compensation. The term shall5
include a therapeutic massage practitioner, massage technician, masseur, masseuse,6
or any derivation of those titles a person who engages in the practice of massage7
therapy for compensation.8
(9) "Person" means an individual, corporation, association, or other legal9
entity.10
(5) (10) "Massage Practice of massage therapy" means the manipulation of11
soft tissue for the purpose of maintaining good health and establishing and12
maintaining good physical condition. The practice of massage therapy shall include13
advertising or offering to engage in the practice of massage therapy and holding14
oneself out or designating oneself to the public as a massage therapist or massage15
establishment. The term practice of massage therapy shall include effleurage16
(stroking), petrissage (kneading), tapotement (percussion), compression, vibration,17
friction, (active/passive range of motion), stretching activities as they pertain to18
massage therapy, Shiatsu, and acupressure, reflexology, and Swedish massage either19
by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body20
massage. Massage therapy may include the use of lubricants such as salts, powders,21
liquids, creams, (with the exception of prescriptive or medicinal creams), heat lamps,22
hot and cold stones, whirlpool, hot and cold pack packs, salt glow, body wraps, or23
steam cabinet baths. It shall not include electrotherapy, laser therapy, microwave,24
colonic therapy, injection therapy, or manipulation of the joints. Equivalent terms25
for massage therapy are massage, therapeutic massage, massage technology, Shiatsu,26
body work, or any derivation of those terms. As used in this Chapter, the terms27
"therapy" and "therapeutic" shall not include diagnosis, the treatment of illness or28 HLS 12RS-1272 REENGROSSED
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disease, or any service or procedure for which a license to practice medicine,1
chiropractic, physical therapy, or podiatry is required by law. 2
(6) "Massage therapy instructor" means an individual who is licensed as a3
massage therapist, who possesses credentials satisfactory to the board and who meets4
criteria established by the board pursuant to rule.5
(7) "Person" means an individual, corporation, association, or other legal6
entity.7
(11) "Professional Massage Therapy Association" means a statewide8
organization or statewide chapter of an organization which meets all of the following9
criteria:10
(a) Either directly, or through the parent organization, qualifies as a tax11
exempt nonprofit organization under 26 U.S.C. 501(c)(6).12
(b) Within Louisiana, offers a voting membership to licensed massage13
therapists who practice or reside in Louisiana and who maintain their voting14
membership in good standing.15
(c) Within Louisiana, is administered by a governing body composed of16
officers democratically elected by the organization's voting membership within17
Louisiana.18
(12) "Writing" shall be a written communication transmitted either by United19
States mail or by electronic means such as e-mail.20
§3553. Application of Chapter; exceptions and exemptions21
A. This Chapter shall apply to any person practicing as a massage therapist22
or massage establishment engaging in the practice of massage therapy within the23
state of Louisiana.24
B.(1) This Chapter shall not apply to any services performed in hospitals25
licensed by the state.26
(2) This Chapter shall also not apply to any of the following:27
(a) Persons who are licensed, registered, or certified in another state,28
territory, the District of Columbia, or a foreign country when incidentally present in29 HLS 12RS-1272 REENGROSSED
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the state to teach a course of instruction related to massage and bodywork therapy1
as a continuing education course.2
(b) Persons giving massage and bodywork to their immediate family without3
compensation.4
(c) Persons incidentally present in the state to provide services as part of an5
emergency response team working in conjunction with relief officials during a6
disaster provided such persons are properly licensed in the state from which they7
originate.8
C. Nothing in this Chapter shall be construed as preventing or restricting the9
practice or activities of any person licensed or certified in this state under any other10
law from engaging in the profession or occupation for which he is licensed or11
certified. However, no person shall in any way hold himself out or designate himself12
as a massage therapist unless duly licensed by the board in accordance with this13
Chapter.14
§3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,15
terms, vacancies, officers, meetings, reimbursement, liability16
A.(1) There is hereby created the The Louisiana Board of Massage Therapy17
is hereby created within the Louisiana Department of Health and Hospitals. It shall18
be composed of seven members appointed by the governor. Five licensed massage19
therapists of the members shall be appointed from a list of nominees submitted to the20
governor by professional massage therapy and bodywork associations. From the list21
of association nominees, three of the persons appointed shall be licensed massage22
therapists. Two lay members shall be appointed from a the list of nominees,23
submitted to the governor by professional massage therapy associations. both of24
whom shall be consumers who have never been nor are currently a licensed massage25
therapist in the state. Two additional licensed massage therapists shall be appointed26
to the board from a general list of names which are submitted for consideration by27
other interested sources or individuals.28 HLS 12RS-1272 REENGROSSED
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(2) The All massage therapists initially appointed to the board from1
nominations submitted to by the governor by professional massage therapy2
associations shall be qualified to be licensed and in good standing under this Chapter.3
The appointees shall have practiced massage therapy for at least three years . and4
shall be required to obtain a license within one hundred eighty days after5
appointment to the board; thereafter, massage therapists appointed to the board shall6
be licensed as massage therapists under this Chapter and shall have been in practice7
for a minimum of three years.8
(3) The initial members of the board shall be appointed by the governor not9
later than October 1, 1992.10
B. Except as provided in Paragraph (1) of this Subsection, All members of11
the board shall serve two-year terms. However, no No member shall serve more than12
three consecutive terms. Board For the purposes of staggering the board member13
terms, are to be staggered as follows:14
(1) The the governor shall appoint to the board three massage therapists and15
one lay person each to a term of one year beginning October 1, 2002. Thereafter,16
member in odd years the governor shall appoint three massage therapists and one lay17
person to the board.18
(2) In even years the governor shall appoint and two massage therapists and19
one lay person to the board member in even numbered years.20
* * *21
D. The board shall hold its first meeting within thirty days after October 1,22
1992, and shall meet at least twice each year thereafter. Additional board meetings23
may be held at the call of the chairman or upon the written request of any three24
members of the board.25
E. The Each year, the board shall annually elect a chairman, vice chairman,26
secretary, and treasurer from its membership and shall maintain records of the27
attendance of its members at board meetings.28 HLS 12RS-1272 REENGROSSED
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F. Each member of the board shall serve with compensation, not to exceed1
fifty dollars per day, and consisting of at least three hours of board business,2
including travel time. Board members shall be reimbursed for travel and related3
expenses incurred, not to exceed those expenses authorized for reimbursement by the4
Department of Health and Hospitals, for each day that the member engages in board5
business.6
* * *7
§3555. Powers and duties of the board 8
A. The board shall: 9
(1) Prescribe application forms for examination, licensure, and registration10
and assess and collect fees pursuant to R.S. 37:3562. Regulate the practice of11
massage and bodywork in Louisiana by licensing massage therapists who meet the12
state's minimum standards of education. Among its functions, the board promulgates13
rules and regulations, issues and renews professional and establishment licenses,14
collects and assesses fees pursuant to R.S. 37:3562, inspects, investigates, and15
disciplines licensees, including both individuals and establishments, who violate the16
law, and imposes fines and penalties.17
(2) Perform inspections and investigate persons who may be engaging in18
practices which violate provisions of this Chapter and impose fines and penalties.19
(3) Maintain a complete record going back for a period of at least five years20
of all licensed massage therapists and annually prepare a roster of the names and21
addresses of all such licensees. A copy of this roster shall be made available to any22
person requesting it, upon payment of a fee set by the board in an amount sufficient23
to cover the costs of its publication and distribution. 24
(3) Investigate persons who may be engaging in practices which violate25
provisions of this Chapter and impose fines and penalties. 26
(4) Adopt and revise rules and regulations pursuant to the Administrative27
Procedure Act for the purpose of administering the provisions of this Chapter. Such28 HLS 12RS-1272 REENGROSSED
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rules and regulations shall include rules relating to the definition of unprofessional1
conduct, as that term is further defined in R.S. 37:3563(A)(3). 2
(5) Issue declaratory rulings interpreting the scope of practice of massage3
therapy, as that term is further defined in R.S. 37:3552(5) R.S. 37:3552(10). 4
(6) Have all other powers necessary and proper for the performance of its5
duties. 6
B. The board may: 7
(1) Accept or deny entrance of any applicant applying for licensure or8
registration. 9
(2) Establish continuing education requirements for license renewal and10
criteria for certifying massage therapy instructors. 11
§3556. Licensure; qualifications12
A.(1) No person shall act as or perform the duties of a massage therapist13
unless he possesses engage in the practice of massage therapy without a current14
license issued pursuant to this Chapter or is unless such person is exempt under the15
provisions of this Chapter. To receive a massage therapist license in the state of16
Louisiana, an applicant shall pay the application fee pursuant to R.S. 37:3562(B) and17
shall submit evidence satisfactory to the board of meeting the following18
requirements:19
(1)(a) Has satisfactorily completed a minimum five hundred hour in-class20
supervised course of studies pursuant to rules promulgated by the board in21
accordance with the Administrative Procedure Act.22
(b) A course of study may utilize a credit hours equivalent as defined by the23
United States Department of Education in lieu of clock hours to measure student24
achievement. A course of study using credit hours shall provide coursework25
consistent with the rules promulgated by the board including at least five hundred26
hours of in-class supervised instruction.27
(2) Has passed a national examination approved by the board under R.S.28
37:3557 within two years from the date the application is filed.29 HLS 12RS-1272 REENGROSSED
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(3) Is a citizen or legal resident of the United States and has the ability to1
read, write, speak, and understand English fluently.2
(4) Has not, within the five years preceding the date of the application, been3
convicted of a nonviolent felony.4
(5) Has never been convicted of or pled nolo contendere to a violent felony5
or a criminal offense involving sexual misconduct.6
(6) Has submitted to and cleared a background check.7
(2) A licensed massage therapist shall not perform massage therapy, whether8
or not for compensation, at or for a sexually oriented business, as defined in R.S.9
37:3558(D).10
(3) A licensed massage therapist shall not be directly employed by a person11
licensed to practice medicine or osteopathy pursuant to R.S. 37:1261 et seq.12
B. A person desiring to be licensed as a massage therapist shall apply to the13
board to take the examination provided for in R.S. 37:3557. To be eligible to take14
the examination, an applicant shall pay the examination fee, except as otherwise15
provided in R.S. 37:3562(B), and shall submit evidence satisfactory to the board that16
he has met one of the following requirements:17
(1) Has satisfactorily completed massage therapy studies in a minimum five18
hundred-hour supervised course of instruction. The course of instruction may be19
provided by a proprietary massage therapy school licensed by the state Department20
of Education. The minimum five hundred hours shall consist of three hundred21
twenty-five hours dedicated to the study of basic massage therapy techniques and22
clinical practicum-related modalities, one hundred twenty-five hours dedicated to the23
study of anatomy and physiology, and an additional fifty hours of discretionary24
related course work, including but not limited to hydrotherapy, business practices25
and professional ethics, health and hygiene, and cardiopulmonary resuscitation26
(CPR) and first aid.27
(2) Has been in the practice of massage therapy for a minimum of three28
consecutive years prior to the date of application, provided that no person shall29 HLS 12RS-1272 REENGROSSED
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qualify to take the examination pursuant to the provisions of this Paragraph after1
March 1, 1998.2
(3) Holds a valid license as a physical therapist pursuant to R.S. 37:2401 et3
seq.4
(4) Has been licensed or registered as a massage therapist in another state,5
territory, commonwealth, or the District of Columbia which has and maintains6
standards and requirements of practice and licensure or registration which7
substantially conform to the requirements in force in this state, as determined by the8
board.9
The requirements set forth in R.S. 37:3556(A)(1) and 3556(A)(2) shall not10
apply to either of the following:11
(1) Persons who have continuously held a license to engage in the practice12
of massage therapy issued by the board since March 1, 1998.13
(2) Persons who hold a valid, current, and unexpired license or registration14
to engage in the practice of massage therapy in another state, territory,15
commonwealth, or the District of Columbia which has and maintains standards and16
requirements of practice and licensure or registration which substantially conform17
to the requirements in force in this state, as determined by the board.18
C. After review of the evidence submitted, the board shall notify each19
applicant that his application and such evidence is either satisfactory and accepted20
or unsatisfactory and rejected. If an application is rejected, such notice shall state21
the reasons for the rejection.22
D. The board shall issue a license to each person who meets the23
qualifications provided for in this Section upon payment of the professional license24
fee provided pursuant to R.S. 37:3562. The license, in the form of a Licensed25
Massage Therapist Identification Card (LMT-ID Card), grants all professional rights,26
honors, and privileges to the licensed massage therapist.27 HLS 12RS-1272 REENGROSSED
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E. Each license granted shall have a validity period of one calendar year and1
shall have an expiration date as determined by administrative rules promulgated by2
the board.3
§3557. Examination 4
A. Examination of applicants to be massage therapists shall be conducted at5
such times and places and under such supervision as the board determines by rule.;6
however, examinations shall be conducted at least twice in each calendar year. The7
board shall give public notice and shall notify each person who has made satisfactory8
application for examination of the date, time, and place of examination. 9
B. The board shall determine by rule the scope, form, and content of the10
examination., which shall consist of both a written examination to test knowledge of11
anatomy and physiology and a practical demonstration or oral interview to verify12
skills necessary for the practice of massage therapy. 13
C. An applicant shall successfully pass the examination in order to be14
eligible for licensure as a massage therapist. The board shall notify each applicant15
of the results of the examination in writing. Any applicant who fails to pass the16
examination and is, therefore, refused licensure may take the examination again upon17
application and payment of an additional examination fee. No applicant shall be18
allowed to take the examination more than twice within a two-year period. 19
§3558. Registration of massage Massage establishments20
A. A massage establishment shall register with the board as provided in the21
following:22
(1) For physical addresses where only one massage therapist is practicing:23
(a) The professional massage license shall act as a registration certificate for24
the establishment;25
(b) Separate professional licenses will be issued for each physical address26
listed on the license application form or renewal application form; and27
(c) The professional license will cover all outcalls made from that physical28
address by the licensee.29 HLS 12RS-1272 REENGROSSED
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(2) For physical addresses where more than one massage therapist is1
practicing:2
(a) A separate massage establishment registration certificate is required;3
(b) The responsibility for obtaining a massage establishment registration4
certificate shall belong to one of the following entities as it applies to the physical5
location: sole proprietor, lessee, owner, partnership, corporation, cooperative,6
association, or other legal entity; and7
(c) The establishment registration certificate shall cover all outcalls made8
from the physical address by massage therapists listed on the establishment9
registration.10
Massage establishments shall be required to be licensed as follows:11
(1) Each person engaging in the practice of massage therapy at a massage12
establishment shall be the holder of a Licensed Massage Therapist Identification13
Card (LMT-ID Card) which shall identify the therapist as being properly licensed14
and shall authorize the therapist to provide off-site massage services.15
(2) All locations where one or more persons are regularly engaged in the16
practice of massage therapy shall register with the board as a massage establishment.17
Additionally, all locations where more than one person is regularly engaged in the18
practice of massage therapy shall pay the establishment license fee.19
(3) Obtaining a massage establishment license shall be the responsibility of20
the entity which controls the physical location where the services are provided,21
which entity may be a sole proprietor, lessee, owner, partnership, corporation,22
cooperative, association, or other legal entity.23
B.(1) A sexually oriented business, as defined in Subsection C of this24
Section, shall be ineligible for registration as a massage establishment and shall not25
operate as a massage establishment.26
(2) The physical address where a sexually oriented business is determined27
to be in operation shall be ineligible to house a registered massage establishment for28
a period of not less than two years following such a determination.29 HLS 12RS-1272 REENGROSSED
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A massage establishment shall employ or contract only licensed massage1
therapists to perform massage therapy.2
* * *3
D. A massage establishment shall employ only licensed massage therapists4
or provisionally licensed massage therapists to perform massage therapy. A sexually5
oriented business shall be ineligible for registration as a massage establishment and6
shall not operate as a massage establishment.7
§3559. Applications; issuance of licenses and certificates of registration; referrals8
License regulations9
A. Applications for licensure, registration, or renewal shall be on forms10
provided by the board and shall be accompanied by the fees specified in R.S.11
37:3562. Each licensed massage therapist who works at a massage establishment12
shall display his LMT-ID Card in plain view in an appropriate public manner. A13
licensed massage therapist who is working outside of a massage establishment shall14
have in his possession his LMT-ID Card and shall present it for review upon request15
of a client or board representative.16
B. The board shall issue a license to each person qualified as a massage17
therapist and a registration certificate to each qualified massage establishment. To18
be qualified for a license as a massage therapist, an applicant shall have successfully19
passed the examination provided for in R.S. 37:3557. Such a license or certificate20
grants all professional rights, honors, and privileges relating to the practice of21
massage therapy. Name or location changes to any license shall be submitted to the22
board within thirty days of the change with appropriate fees.23
C. Each licensed massage therapist shall display his license in an appropriate24
public manner as specified by the board. In addition, each massage establishment25
shall post in plain sight its certificate of registration and the license of each massage26
therapist who practices in the massage establishment. The license is nontransferable27
and shall be for the sole use and benefit of the licensee or location issued.28 HLS 12RS-1272 REENGROSSED
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D. A license or registration certificate is All licenses are the property of the1
board and shall be surrendered upon demand of the board.2
E. Any license or massage establishment registration certificate shall be for3
the sole use and benefit of the licensee or location for whom it was issued and as4
such is nontransferable.5
F. Changes to any license or registration certificate must be submitted to the6
board within thirty days on board-approved forms with the appropriate fees, if7
applicable, as per rule.8
* * *9
§3561. License or registration renewal; reinstatement; continuing education10
requirements 11
A. Each license or registration certificate, except a provisional license, shall12
be renewed annually, on or before the anniversary its expiration date, by forwarding13
to the board submitting a renewal application form, accompanied by the payment of14
the renewal fee specified in R.S. 37:3562. Each licensee, upon making an15
application for renewal of a license, shall submit R.S. 37:3562, and providing16
evidence of satisfactory completion of that the licensee has completed continuing17
education requirements, as established by rule of the board. 18
B. Any license or registration certificate not renewed on or before its19
anniversary expiration date shall expire and all rights and privileges under the license20
shall cease.21
C. However, a A person whose license has lapsed expired and who has22
ceased activities as a massage therapist for not more than five years less than twenty-23
four consecutive months may have his license reinstated upon payment of the24
renewal fee and the late fee specified in R.S. 37:3562, upon submission of a renewal25
application form, and providing evidence satisfactory to the board that he has26
fulfilled continuing education requirements and passed the examination provided for27
in R.S. 37:3557.28 HLS 12RS-1272 REENGROSSED
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D. A licensee who chooses to adopt inactive status and cease activities as a1
massage therapist may submit an affidavit, along with the specified fee in R.S.2
37:3562 to apply for inactive status as required by rule of the board. If the licensee3
does not request to be placed on inactive status, his license shall expire if not timely4
renewed.5
E. If a person does not apply for inactive status and does not renew his6
license for a period of more than twenty-four consecutive months, the license shall7
be considered to have lapsed and in order to obtain a license, the person shall submit8
a new application which complies with all of the current requirements of this Chapter9
and the rules of the board as appropriate and shall pay the licensure application fee,10
the original professional license fee, and any other fees applicable to a new11
application.12
* * *13
§3563. Causes for suspension, revocation, or failure to renew or issue a license14
Grounds for discipline15
A. The board may suspend, revoke, or refuse to issue or renew a license or16
registration certificate, after notice and opportunity for hearing pursuant to the17
Administrative Procedure Act, upon proof of any of the following: 18
(1) Obtaining a license or registration certificate by means of fraud,19
misrepresentation, or concealment of material facts, including making false20
statements on an application or other document required by the board. 21
(2) Selling, bartering, or offering to sell or barter a license or registration22
certificate. 23
(3) Engaging in unprofessional conduct that has endangered or which is24
likely to endanger the health, welfare, or safety of the public, as further defined by25
rules of the board. 26
(4) Conviction of a felony, or any crime arising out of or connected with the27
practice of massage therapy, unless such conviction was reversed on appeal. 28 HLS 12RS-1272 REENGROSSED
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(5) Conviction of any crime arising out of or connected with the practice of1
massage therapy, unless such conviction was reversed on appeal.2
(6) Violating or aiding and abetting in the violation of any provisions of this3
Chapter or the rules and regulations promulgated hereunder. 4
(6) (7) Failing to pass the examination for licensure comply with license or5
renewal requirements.6
B. Any person who has been convicted of, entered a plea of nolo contendere7
to, or received deferred adjudication to crimes or offenses involving in connection8
with any criminal offense involving sexual misconduct prostitution or sexual9
offenses shall be ineligible for licensure as a massage therapist. or a massage therapy10
instructor.11
C. The board shall revoke the license of any person who is convicted of,12
enters a plea of nolo contendere to, or receives deferred adjudication to a crime or13
offense involving in connection with any criminal offense involving sexual14
misconduct or prostitution or other sexual offenses. 15
C. D. Any person who has been convicted of, entered a plea of nolo16
contendere to, or received deferred adjudication to crimes or offenses involving in17
connection with any criminal offense involving sexual misconduct or prostitution or18
sexual offenses shall be ineligible for registration licensure as an owner or operator19
of a massage establishment. The board shall revoke the registration license of any20
person if the board determines that the establishment is a sexually oriented business,21
as defined in R.S. 37:3558(D), R.S. 37:3558(C), or that a crime or offense involving22
prostitution or other sexual offenses and resulting in a conviction, to which a plea of23
nolo contendere was entered, or deferred adjudication was received has occurred on24
the premises of the establishment since the date of the most recent license renewal.25
of the registration certificate. 26
§3564. Regulation of advertising 27
A. A person who or an entity that does not hold a license as a massage28
therapist, physical therapist, or chiropractor, or athletic trainer or a certificate of29 HLS 12RS-1272 REENGROSSED
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are additions.
registration to practice athletic training, or a license as a massage establishment shall1
not use the words "massage", "shiatsu", or "body work", or any derivative or2
variation of the word "massage", including specific bodywor k or massage modalities,3
on any sign or other form of advertising. Any advertisement by a massage therapist4
or a massage establishment shall contain the license or registration number of such5
therapist or establishment. Building signs with promotional material shall also6
include the professional or establishment number.7
B. Under no circumstances shall a No sexually oriented business, as defined8
in R.S. 37:3558(D), R.S. 37:3558(C), shall use the word "massage", "shiatsu", or9
"body work", or any derivative or variation of the word massage, including specific10
bodywork or massage modalities, on any sign or other form of advertising.11
§3565. Penalties 12
A. Any Violation of the provisions of this Chapter shall be considered a13
misdemeanor and any person, including the owner or operator of a massage14
establishment, who violates the provisions of this Chapter shall be guilty of a15
misdemeanor and, upon conviction, shall be fined not less than one hundred nor16
more than one thousand dollars or imprisoned for not more than six months, or both.17
B. A person convicted of a violation of the provisions of this Chapter shall18
additionally be ineligible for licensure as a massage therapist or registration as a19
massage establishment for a period of up to five years from the date of conviction.20
§3566. Injunction21
* * *22
B. In the suit for an injunction, the board may demand of the defendant court23
may impose a penalty of fifty dollars per day for each violation, together with24
reasonable attorney fees , and the costs of court. 25
C. The judgment for penalty, An award of penalties, attorney fees, and court26
costs may be rendered in the same judgment in which the injunction is made27
absolute. If the board brings an action against someone pursuant hereto and fails to28
prove its case, then it shall be liable to such person for the payment of his attorney29 HLS 12RS-1272 REENGROSSED
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are additions.
fees and costs. If the board is unsuccessful in obtaining injunctive relief, the court1
may award attorney fees and costs to the prevailing party.2
Section 2. R.S. 37:3560 is hereby repealed in its entirety.3
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.
Present law does not apply to any services performed in hospitals licensed by the state.
Proposed law retains present law and adds an exemption for the following persons:
(1)Persons who are licensed, registered, or certified in another state, territory, the
District of Columbia, or a foreign country when incidentally present in the state to
teach a course of instruction related to massage and bodywork therapy as a
continuing education course.
(2)Persons giving massage and bodywork to their immediate family without
compensation.
(3)Persons incidentally present in the state to provide services as part of an emergency
response team working in conjunction with relief officials during a disaster provided
such persons are properly licensed in the state from which they originate.
(4)Physician offices, physical therapy facilities, chiropractic offices, or athletic training
facilities, whether or not they employ, contract with, or rent to massage therapists,
or institutions of secondary or higher education when massage therapy is practiced
in connection with employment related to athletic teams.
Present law establishes the La. Board of Massage Therapists to be composed of seven
members appointed by the governor as follows:
(1)Five licensed massage therapists shall be appointed from a list of nominees
submitted to the governor by professional massage therapy associations.
(2)Two lay members shall be appointed from a list of nominees, submitted to the
governor by professional massage therapy associations.
Proposed law establishes the La. Board of Massage Therapists to be composed of seven
members appointed by the governor as follows: HLS 12RS-1272 REENGROSSED
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(1)Five of the members shall be appointed from a list of nominees submitted to the
governor by professional massage therapy and bodyworks associations. From the
list of association nominees, three of the persons appointed shall be licensed massage
therapists. Two lay members shall be appointed from the list of nominees, both of
whom shall be consumers who have never been nor are currently a licensed massage
therapist in the state.
(2)Two additional licensed massage therapists shall be appointed to the board from a
general list of names which are submitted for consideration by other interested
sources or individuals.
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 provides that the board shall regulate the practice of massage and bodywork
in La. by licensing massage therapists who meet the state's minimum standards of education.
Proposed law further provides that, among its functions, the board promulgates rules and
regulations, issues and renews professional and establishment licenses, collects and assesses
fees, inspects, investigates, and disciplines licensees, including both individuals and
establishments, who violate the law, and imposes fines and penalties.
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 requires an applicant for a massage therapist license
in the state of La. to the application fee and submit evidence satisfactory to the board of
meeting the following requirements:
(1)Has satisfactorily completed a minimum 500 hour in-class supervised course of
studies.
(2)Has passed a national examination approved by the board within two years from the
date the application is filed.
(3)Is a citizen or legal resident of the U.S. and has the ability to read, write, speak, and
understand English fluently.
(4)Has not, within the five years preceding the date of the application, been convicted
of a nonviolent felony.
(5)Has never been convicted of or pled nolo contendere to a violent felony or a criminal
offense involving sexual misconduct.
(6)Has submitted to and cleared a background check. HLS 12RS-1272 REENGROSSED
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are additions.
Proposed law provides that a course of study may utilize a credit hours equivalent as defined
by the U.S. Dept. of Education in lieu of clock hours to measure student achievement.
Proposed law requires a course of study using credit hours to provide coursework consistent
with the rules promulgated by the board including at least 500 hours of in-class supervised
instruction.
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.
Proposed law requires each person engaging in the practice of massage therapy at a massage
establishment to be the holder of a Licensed Massage Therapist Identification Card (LMT-
ID Card) which shall identify the therapist as being properly licensed and shall authorize the
therapist to provide off-site massage services.
Proposed law further requires all locations where one or more persons are regularly engaged
in the practice of massage to register with the board as a massage establishment and, if more
than one person is engaged in the practice of massage at a location, to pay the establishment
license fee.
Proposed law provides that obtaining a massage establishment license shall be the
responsibility of the entity which controls the physical location where the services are
provided, which entity may be a sole proprietor, lessee, owner, partnership, corporation,
cooperative, association, or other legal entity.
Present law provides for applications for licensure by the board.
Proposed law exempts the following persons from the requirement to complete an approved
course of study and to pass a national examination the following:
(1)Persons who have continuously held a license to engage in the practice of massage
therapy issued by the board since March 1, 1998.
(2)Persons who hold a valid, current, and unexpired license or registration to engage in
the practice of massage therapy in another state, territory, commonwealth, or the
District of Columbia which has and maintains standards and requirements of practice
and licensure or registration which substantially conform to the requirements in force
in this state, as determined by the board.
Proposed law provides that each license granted shall have a validity period of one calendar
year and shall have an expiration date as determined by administrative rules promulgated by
the board.
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 requires each licensed massage therapist who works at a massage
establishment to display his LMT-ID Card in plain view in an appropriate public manner.
Proposed law further requires a licensed massage therapist who is working outside of a
massage establishment to have in his possession his LMT-ID Card and to present it for
review upon request of a client or board representative. HLS 12RS-1272 REENGROSSED
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are additions.
Proposed law provides that a licensee who chooses to adopt inactive status and cease
activities as a massage therapist may submit an affidavit, along with the specified fee to
apply for inactive status as required by rule of the board. If the licensee does not request to
be placed on inactive status, his license shall expire if not timely renewed.
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 of not less than $100 nor more than $1,000 or imprisonment for not more than six
months, or both.
Proposed law provides that a person convicted of a violation of the provisions of proposed
law shall additionally be ineligible for licensure as a massage therapist a massage
establishment for a period of up to five years from the date of conviction.
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.
Present law allows an applicant who possesses the qualifications specified in present law to
take the board examination to be granted a provisional license to engage in the practice of
massage therapy until the date of the next examination and thereafter until the results of the
examination are known.
Proposed law repeals present law.
Present law provides that an individual who has been issued a provisional license shall only
practice massage therapy under the supervision of a licensed massage therapist.
Proposed law repeals present law.
Proposed law provides that the provisional license may, at the discretion of the board, be
renewed once.
Proposed law repeals present law.
(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. 37:3560)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Made technical corrections.
2. Deleted proposed exemptions to the massage therapist licensure law for certain
medical professions and restored the existing exemption for services performed
in hospitals licensed by the state. HLS 12RS-1272 REENGROSSED
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3. Specified that three of the persons appointed from the list of association
nominees shall be licensed massage therapists.
4. Specified that an applicant for licensure as a massage therapist shall complete a
minimum 500 hour in-class supervised course of study.
5. Specified that only locations where more than one person are regularly engaged
in the practice of massage therapy shall pay the establishment licensure fee.
6. Deleted language regarding provisional licenses.
7. Specified that a person convicted of a violation of proposed law shall be
ineligible for licensure as a massage therapist or massage establishment for a
period up to five years from the date of conviction.
House Floor Amendments to the engrossed bill.
1. Made technical corrections.
2. Provided that the term "massage establishments" does not include physician
offices, physical therapy facilities, chiropractic offices, or athletic training
facilities, whether or not they employ, contract with, or rent to massage
therapists, or institutions of secondary or higher education when massage therapy
is practiced in connection with employment related to athletic teams.
3. Clarified that the term "practice of massage therapy" includes stretching
activities as they pertain to massage therapy.
4. Restored existing language that was previously deleted in the definition of
definition of "practice of massage therapy".
5. Provided that nothing in proposed law shall prevent or restrict the practice of any
person certified in this state from engaging in the profession or occupation for
which he is certified.
6. Provided that a course of study may utilize a credit hours equivalent as defined
by the U.S. Dept. of Education in lieu of clock hours to measure student
achievement.
7. Required a course of study using credit hours to provide coursework consistent
with the rules promulgated by the board including at least 500 hours of in-class
supervised instruction.
8. Allowed a person holding a certificate to practice athletic training to use the
words "massage" or "body work" or any derivative thereof in advertising.