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ACT No. 605
Regular Session, 2012
HOUSE BILL NO. 923
BY REPRESENTATIVE PONTI
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
to enact R.S. 37:3556.1, and to repeal R.S. 37:3560, relative to massage therapy; to4
provide for definitions; to provide for applicability of the Louisiana Massage5
Therapists and Massage Establishment Act; to provide for exemptions; to provide6
for the Louisiana Board of Massage Therapy; to provide for membership of the7
board; to provide for the powers and duties of the board; to require licensure for8
persons performing massage therapy; to provide for licensure for massage9
establishments; to establish licensure requirements; to provide for an examination;10
to provide for licensing regulations; to provide for the expiration and renewal of11
licenses; to provide for inactive status; to provide for disciplinary actions; to regulate12
advertising as a massage therapist or a massage establishment; to provide for13
penalties; to provide for injunctions; to provide an effective date; and to provide for14
related matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. R.S. 37:3552, 3553, 3554(A), (B), (D), (E), and (F), 3555, 3556, 3557,17
3558(A), (B), and (D), 3559, 3561, 3563, 3564, 3565, and 3566(B) and (C) are hereby18
amended and reenacted to read as follows: 19
§3552. Definitions 20
As used in this Chapter: 21
(1) "Advertise" or "advertising" means to publish, display, or disseminate22
promotional information and includes but is not limited to the issuance of any card,23
sign, or direct mail, or in any newspaper, magazine, publication, or any24 ENROLLEDHB NO. 923
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announcement or display via any televised, computerized, electronic, or telephone1
networks, magnetic signs, or media. "Advertise" shall not include the following:2
(a) Telephone directory information including white pages, yellow pages,3
and any Internet publication made by the phone directory company in which one is4
listed.5
(b) Building signs identifying the location, unless the building sign contains6
promotional material.7
(2) "Board" means the Louisiana Board of Massage Therapy. 8
(2) (3) "Department" means the Department of Health and Hospitals.9
(4) "Inactive status" means the status in which a licensed massage therapist10
has, pursuant to the provisions of this Chapter, notified the board of intent to11
voluntarily cease activity as a massage therapist for a period of time not to exceed12
five years.13
(5) "Lapsed license" means a board-issued license which has not been14
renewed for a period of more than two years and the holder of the license has not15
taken inactive status.16
(6) "Licensee" means any person or business that has a professional or17
establishment license issued by the board.18
(3) (7) "Massage establishment" means any place of business in which19
massage therapy is practiced by a massage therapist that offers the practice of20
massage therapy and where the practice of massage therapy is conducted on the21
premises of the business. A place of business includes any office, clinic, facility, or22
other location where a person or persons engage in the practice of massage therapy.23
The residence of a therapist or an out call location which is not owned, rented, or24
leased by a massage therapist or massage establishment shall not be considered a25
massage establishment, unless the location is advertised as the therapist's or26
establishment's place of business. The term "massage establishment" shall not27
include physician offices, physical therapy facilities, chiropractic offices, or athletic28
training facilities, whether or not they employ, contract with, or rent to massage29 ENROLLEDHB NO. 923
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therapists, or institutions of secondary or higher education when massage therapy is1
practiced in connection with employment related to athletic teams.2
(4) (8) "Massage therapist" means an individual who practices or administers3
massage therapy to a patron of either gender for compensation. The term shall4
include a therapeutic massage practitioner, massage technician, masseur, masseuse,5
or any derivation of those titles a person who engages in the practice of massage6
therapy for compensation.7
(9) "Person" means an individual, corporation, association, or other legal8
entity.9
(5) (10) "Massage Practice of massage therapy" means the manipulation of10
soft tissue for the purpose of maintaining good health and establishing and11
maintaining good physical condition. The practice of massage therapy shall include12
advertising or offering to engage in the practice of massage therapy and holding13
oneself out or designating oneself to the public as a massage therapist or massage14
establishment. The term practice of massage therapy shall include effleurage15
(stroking), petrissage (kneading), tapotement (percussion), compression, vibration,16
friction, (active/passive range of motion), stretching activities as they pertain to17
massage therapy, Shiatsu, and acupressure, reflexology, and Swedish massage either18
by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body19
massage. Massage therapy may include the use of lubricants such as salts, powders,20
liquids, creams, (with the exception of prescriptive or medicinal creams), heat lamps,21
hot and cold stones, whirlpool, hot and cold pack packs, salt glow, body wraps, or22
steam cabinet baths. It shall not include electrotherapy, laser therapy, microwave,23
colonic therapy, injection therapy, or manipulation of the joints. Equivalent terms24
for massage therapy are massage, therapeutic massage, massage technology, Shiatsu,25
body work, or any derivation of those terms. As used in this Chapter, the terms26
"therapy" and "therapeutic" shall not include diagnosis, the treatment of illness or27
disease, or any service or procedure for which a license to practice medicine,28
chiropractic, physical therapy, or podiatry is required by law. 29 ENROLLEDHB NO. 923
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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 within15
Louisiana.16
(12) "Writing" shall be a written communication transmitted either by United17
States mail or by electronic means such as e-mail.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 services performed in hospitals23
licensed by the state.24
(2) This Chapter shall also not apply to any of the following:25
(a) Persons who are licensed, registered, or certified in another state,26
territory, the District of Columbia, or a foreign country when incidentally present in27
the state to teach a course of instruction related to massage and bodywork therapy28
as a continuing education course.29 ENROLLEDHB NO. 923
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(b) Persons giving massage and bodywork to their immediate family without1
compensation.2
(c) Persons incidentally present in the state to provide services as part of an3
emergency response team working in conjunction with relief officials during a4
disaster, provided such persons are properly licensed in the state from which they5
originate.6
C. Nothing in this Chapter shall be construed as preventing or restricting the7
practice or activities of any person licensed or certified in this state under any other8
law from engaging in the profession or occupation for which he is licensed or9
certified. However, no person shall in any way hold himself out or designate himself10
as a massage therapist unless duly licensed by the board in accordance with this11
Chapter.12
§3554. Louisiana Board of Massage Therapy; creation, membership, qualifications,13
terms, vacancies, officers, meetings, reimbursement, liability14
A.(1) There is hereby created the The Louisiana Board of Massage Therapy15
is hereby created within the Louisiana Department of Health and Hospitals. It shall16
be composed of seven members appointed by the governor. Five licensed massage17
therapists of the members shall be appointed from a list of nominees submitted to the18
governor by professional massage therapy and bodywork associations. From the list19
of association nominees, three of the persons appointed shall be licensed massage20
therapists. Two lay members shall be appointed from a the list of nominees,21
submitted to the governor by professional massage therapy associations. both of22
whom shall be consumers who have never been nor are currently a licensed massage23
therapist in the state. Two additional licensed massage therapists shall be appointed24
to the board from a general list of names which are submitted for consideration by25
other interested sources or individuals.26
(2) The All massage therapists initially appointed to the board from27
nominations submitted to by the governor by professional massage therapy28
associations shall be qualified to be licensed and in good standing under this Chapter.29
The appointees shall have practiced massage therapy for at least three years . and30 ENROLLEDHB NO. 923
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shall be required to obtain a license within one hundred eighty days after1
appointment to the board; thereafter, massage therapists appointed to the board shall2
be licensed as massage therapists under this Chapter and shall have been in practice3
for a minimum of three years.4
(3) The initial members of the board shall be appointed by the governor not5
later than October 1, 1992.6
B. Except as provided in Paragraph (1) of this Subsection, All members of7
the board shall serve two-year terms. However, no No member shall serve more than8
three consecutive terms. Board For the purposes of staggering the board member9
terms, are to be staggered as follows:10
(1) The the governor shall appoint to the board three massage therapists and11
one lay person each to a term of one year beginning October 1, 2002. Thereafter,12
member in odd odd-numbered years the governor shall appoint three massage13
therapists and one lay person to the board.14
(2) In even years the governor shall appoint and two massage therapists and15
one lay person to the board member in even-numbered years.16
* * *17
D. The board shall hold its first meeting within thirty days after October 1,18
1992, and shall meet at least twice each year thereafter. Additional board meetings19
may be held at the call of the chairman or upon the written request of any three20
members of the board.21
E. The Each year, the board shall annually elect a chairman, vice chairman,22
secretary, and treasurer from its membership and shall maintain records of the23
attendance of its members at board meetings.24
F. Each member of the board shall serve with compensation, not to exceed25
fifty dollars per day, and consisting of at least three hours of board business,26
including travel time. Board members shall be reimbursed for travel and related 27 ENROLLEDHB NO. 923
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expenses incurred, not to exceed those expenses authorized for reimbursement by the1
Department of Health and Hospitals, for each day that the member engages in board2
business.3
* * *4
§3555. Powers and duties of the board 5
A. The board shall: 6
(1) Prescribe application forms for examination, licensure, and registration7
and assess and collect fees pursuant to R.S. 37:3562. Regulate the practice of8
massage and bodywork in Louisiana by licensing massage therapists who meet the9
state's minimum standards of education. Among its functions, the board promulgates10
rules and regulations, issues and renews professional and establishment licenses,11
collects and assesses fees pursuant to R.S. 37:3562, inspects, investigates, and12
disciplines licensees, including both individuals and establishments, who violate the13
law, and imposes fines and penalties.14
(2) Perform inspections and investigate persons who may be engaging in15
practices which violate provisions of this Chapter and impose fines and penalties.16
(3) Maintain a complete record going back for a period of at least five years17
of all licensed massage therapists and annually prepare a roster of the names and18
addresses of all such licensees. A copy of this roster shall be made available to any19
person requesting it, upon payment of a fee set by the board in an amount sufficient20
to cover the costs of its publication and distribution. 21
(3) Investigate persons who may be engaging in practices which violate22
provisions of this Chapter and impose fines and penalties. 23
(4) Adopt and revise rules and regulations pursuant to the Administrative24
Procedure Act for the purpose of administering the provisions of this Chapter. Such25
rules and regulations shall include rules relating to the definition of unprofessional26
conduct, as that term is further defined in R.S. 37:3563(A)(3). 27
(5) Issue declaratory rulings interpreting the scope of practice of massage28
therapy, as that term is further defined in R.S. 37:3552(5) R.S. 37:3552(10). 29 ENROLLEDHB NO. 923
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(6) Have all other powers necessary and proper for the performance of its1
duties. 2
B. The board may: 3
(1) Accept or deny entrance of any applicant applying for licensure or4
registration. 5
(2) Establish continuing education requirements for license renewal and6
criteria for certifying massage therapy instructors. 7
§3556. Licensure; qualifications8
A.(1) No person shall act as or perform the duties of a massage therapist9
unless he possesses engage in the practice of massage therapy without a current10
license issued pursuant to this Chapter or is unless such person is exempt under the11
provisions of this Chapter. To receive a massage therapist license in the state of12
Louisiana, an applicant shall pay the application fee pursuant to R.S. 37:3562 and13
shall submit evidence satisfactory to the board of meeting the following14
requirements:15
(1)(a) Has satisfactorily completed a minimum five hundred hour in-class16
supervised course of studies pursuant to rules promulgated by the board in17
accordance with the Administrative Procedure Act.18
(b) A course of study may utilize a credit hours equivalent as defined by the19
United States Department of Education in lieu of clock hours to measure student20
achievement. A course of study using credit hours shall provide coursework21
consistent with the rules promulgated by the board including at least five hundred22
hours of in-class supervised instruction.23
(2) Has passed a national examination approved by the board under R.S.24
37:3557 within two years from the date the application is filed.25
(3) Is a citizen or legal resident of the United States and has the ability to26
read, write, speak, and understand English fluently.27
(4) Has not, within the five years preceding the date of the application, been28
convicted of a nonviolent felony.29 ENROLLEDHB NO. 923
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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 ENROLLEDHB NO. 923
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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 (2) shall not apply to6
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 that has and maintains standards and12
requirements of practice and licensure or registration that substantially conform to13
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 this Section 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
however, examinations shall be conducted at least twice in each calendar year. The30 ENROLLEDHB NO. 923
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board shall give public notice and shall notify each person who has made satisfactory1
application for examination of the date, time, and place of examination. 2
B. The board shall determine by rule the scope, form, and content of the3
examination., which shall consist of both a written examination to test knowledge of4
anatomy and physiology and a practical demonstration or oral interview to verify5
skills necessary for the practice of massage therapy. 6
C. An applicant shall successfully pass the examination in order to be7
eligible for licensure as a massage therapist. The board shall notify each applicant8
of the results of the examination in writing. Any applicant who fails to pass the9
examination and is, therefore, refused licensure may take the examination again upon10
application and payment of an additional examination fee. No applicant shall be11
allowed to take the examination more than twice within a two-year period. 12
§3558. Registration of massage Massage establishments13
A. A massage establishment shall register with the board as provided in the14
following:15
(1) For physical addresses where only one massage therapist is practicing:16
(a) The professional massage license shall act as a registration certificate for17
the establishment;18
(b) Separate professional licenses will be issued for each physical address19
listed on the license application form or renewal application form; and20
(c) The professional license will cover all outcalls made from that physical21
address by the licensee.22
(2) For physical addresses where more than one massage therapist is23
practicing:24
(a) A separate massage establishment registration certificate is required;25
(b) The responsibility for obtaining a massage establishment registration26
certificate shall belong to one of the following entities as it applies to the physical27
location: sole proprietor, lessee, owner, partnership, corporation, cooperative,28
association, or other legal entity; and29 ENROLLEDHB NO. 923
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(c) The establishment registration certificate shall cover all outcalls made1
from the physical address by massage therapists listed on the establishment2
registration.3
Massage establishments shall be required to be licensed as follows:4
(1) Each person engaging in the practice of massage therapy at a massage5
establishment shall be the holder of a Licensed Massage Therapist Identification6
Card (LMT-ID Card), which shall identify the therapist as being properly licensed7
and shall authorize the therapist to provide off-site massage services.8
(2) All locations where one or more persons are regularly engaged in the9
practice of massage therapy shall register with the board as a massage establishment.10
Additionally, all locations where more than one person is regularly engaged in the11
practice of massage therapy shall pay the establishment license fee.12
(3) Obtaining a massage establishment license shall be the responsibility of13
the entity which controls the physical location where the services are provided,14
which entity may be a sole proprietor, lessee, owner, partnership, corporation,15
cooperative, association, or other legal entity.16
B.(1) A sexually oriented business, as defined in Subsection C of this17
Section, shall be ineligible for registration as a massage establishment and shall not18
operate as a massage establishment.19
(2) The physical address where a sexually oriented business is determined20
to be in operation shall be ineligible to house a registered massage establishment for21
a period of not less than two years following such a determination.22
A massage establishment shall employ or contract only licensed massage23
therapists to perform massage therapy.24
* * *25
D. A massage establishment shall employ only licensed massage therapists26
or provisionally licensed massage therapists to perform massage therapy. A sexually27
oriented business shall be ineligible for registration as a massage establishment and28
shall not operate as a massage establishment.29 ENROLLEDHB NO. 923
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§3559. Applications; issuance of licenses and certificates of registration; referrals1
License regulations2
A. Applications for licensure, registration, or renewal shall be on forms3
provided by the board and shall be accompanied by the fees specified in R.S.4
37:3562. Each licensed massage therapist who works at a massage establishment5
shall display his LMT-ID Card in plain view in an appropriate public manner. A6
licensed massage therapist who is working outside of a massage establishment shall7
have in his possession his LMT-ID Card and shall present it for review upon request8
of a client or board representative.9
B. The board shall issue a license to each person qualified as a massage10
therapist and a registration certificate to each qualified massage establishment. To11
be qualified for a license as a massage therapist, an applicant shall have successfully12
passed the examination provided for in R.S. 37:3557. Such a license or certificate13
grants all professional rights, honors, and privileges relating to the practice of14
massage therapy. Name or location changes to any license shall be submitted to the15
board within thirty days of the change with appropriate fees.16
C. Each licensed massage therapist shall display his license in an appropriate17
public manner as specified by the board. In addition, each massage establishment18
shall post in plain sight its certificate of registration and the license of each massage19
therapist who practices in the massage establishment. The license is nontransferable20
and shall be for the sole use and benefit of the licensee or location issued.21
D. A license or registration certificate is All licenses are the property of the22
board and shall be surrendered upon demand of the board.23
E. Any license or massage establishment registration certificate shall be for24
the sole use and benefit of the licensee or location for whom it was issued and as25
such is nontransferable.26
F. Changes to any license or registration certificate must be submitted to the27
board within thirty days on board-approved forms with the appropriate fees, if28
applicable, as per rule.29
* * *30 ENROLLEDHB NO. 923
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§3561. License or registration renewal; reinstatement; continuing education1
requirements 2
A. Each license or registration certificate, except a provisional license, shall3
be renewed annually, on or before the anniversary its expiration date, by forwarding4
to the board submitting a renewal application form, accompanied by the payment of5
the renewal fee specified in R.S. 37:3562. Each licensee, upon making an6
application for renewal of a license, shall submit R.S. 37:3562, and providing7
evidence of satisfactory completion of that the licensee has completed continuing8
education requirements, as established by rule of the board. 9
B. Any license or registration certificate not renewed on or before its10
anniversary expiration date shall expire and all rights and privileges under the license11
shall cease.12
C. However, a A person whose license has lapsed expired and who has13
ceased activities as a massage therapist for not more than five years less than twenty-14
four consecutive months may have his license reinstated upon payment of the15
renewal fee and the late fee specified in R.S. 37:3562, upon submission of a renewal16
application form and providing evidence satisfactory to the board that he has fulfilled17
continuing education requirements and passed the examination provided for in R.S.18
37:3557.19
D. A licensee who chooses to adopt inactive status and cease activities as a20
massage therapist may submit an affidavit, along with the specified fee in R.S.21
37:3562 to apply for inactive status as required by rule of the board. If the licensee22
does not request to be placed on inactive status, his license shall expire if not timely23
renewed.24
E. If a person does not apply for inactive status and does not renew his25
license for a period of more than twenty-four consecutive months, the license shall26
be considered to have lapsed and in order to obtain a license, the person shall submit27
a new application which complies with all of the current requirements of this Chapter28
and the rules of the board as appropriate and shall pay the licensure application fee,29 ENROLLEDHB NO. 923
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the original professional license fee, and any other fees applicable to a new1
application.2
* * *3
§3563. Causes for suspension, revocation, or failure to renew or issue a license4
Grounds for discipline5
A. The board may suspend, revoke, or refuse to issue or renew a license or6
registration certificate, after notice and opportunity for hearing pursuant to the7
Administrative Procedure Act, upon proof of any of the following: 8
(1) Obtaining a license or registration certificate by means of fraud,9
misrepresentation, or concealment of material facts, including making false10
statements on an application or other document required by the board. 11
(2) Selling, bartering, or offering to sell or barter a license or registration12
certificate. 13
(3) Engaging in unprofessional conduct that has endangered or which that14
is likely to endanger the health, welfare, or safety of the public, as further defined by15
rules of the board. 16
(4) Conviction of a felony, or any crime arising out of or connected with the17
practice of massage therapy, unless such conviction was reversed on appeal. 18
(5) Conviction of any crime arising out of or connected with the practice of19
massage therapy, unless such conviction was reversed on appeal.20
(6) Violating or aiding and abetting in the violation of any provisions of this21
Chapter or the rules and regulations promulgated hereunder. 22
(6) (7) Failing to pass the examination for licensure comply with license or23
renewal requirements.24
B. Any person who has been convicted of, entered a plea of nolo contendere25
to, or received deferred adjudication to crimes or offenses involving in connection26
with any criminal offense involving sexual misconduct prostitution or sexual27
offenses shall be ineligible for licensure as a massage therapist. or a massage therapy28
instructor.29 ENROLLEDHB NO. 923
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C. The board shall revoke the license of any person who is convicted of,1
enters a plea of nolo contendere to, or receives deferred adjudication to a crime or2
offense involving in connection with any criminal offense involving sexual3
misconduct or prostitution or other sexual offenses. 4
C. D. Any person who has been convicted of, entered a plea of nolo5
contendere to, or received deferred adjudication to crimes or offenses involving in6
connection with any criminal offense involving sexual misconduct or prostitution or7
sexual offenses shall be ineligible for registration licensure as an owner or operator8
of a massage establishment. The board shall revoke the registration license of any9
person if the board determines that the establishment is a sexually oriented business,10
as defined in R.S. 37:3558(D), R.S. 37:3558(C), or that a crime or offense involving11
prostitution or other sexual offenses and resulting in a conviction, to which a plea of12
nolo contendere was entered, or deferred adjudication was received, has occurred on13
the premises of the establishment since the date of the most recent license renewal.14
of the registration certificate. 15
§3564. Regulation of advertising 16
A. A person who or an entity that does not hold a license as a massage17
therapist, physical therapist, or chiropractor, or athletic trainer or a certificate of18
registration to practice athletic training, or a license as a massage establishment shall19
not use the words "massage", "shiatsu", or "body work", or any derivative or20
variation of the word "massage", including specific bodywork or massage modalities,21
on any sign or other form of advertising. Any advertisement by a massage therapist22
or a massage establishment shall contain the license or registration number of such23
therapist or establishment. Building signs with promotional material shall also24
include the professional or establishment number.25
B. Under no circumstances shall a No sexually oriented business, as defined26
in R.S. 37:3558(D), R.S. 37:3558(C), shall use the word "massage", "shiatsu", or27
"body work", or any derivative or variation of the word "massage", including28
specific bodywork or massage modalities, on any sign or other form of advertising.29 ENROLLEDHB NO. 923
Page 17 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. ENROLLEDHB NO. 923
Page 18 of 19
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§3565. Penalties 1
A. Any Violation of the provisions of this Chapter shall be considered a2
misdemeanor and any person, including the owner or operator of a massage3
establishment, who violates the provisions of this Chapter shall be guilty of a4
misdemeanor and, upon conviction, shall be fined not less than one hundred nor5
more than one thousand dollars or imprisoned for not more than six months, or both.6
B. A person convicted of a violation of the provisions of this Chapter shall7
additionally be ineligible for licensure as a massage therapist or registration as a8
massage establishment for a period of up to five years from the date of conviction.9
§3566. Injunction10
* * *11
B. In the suit for an injunction, the board may demand of the defendant court12
may impose a penalty of fifty dollars per day for each violation, together with13
reasonable attorney fees , and the costs of court. 14
C. The judgment for penalty, An award of penalties, attorney fees, and court15
costs may be rendered in the same judgment in which the injunction is made16
absolute. If the board brings an action against someone pursuant hereto and fails to17
prove its case, then it shall be liable to such person for the payment of his attorney18
fees and costs. If the board is unsuccessful in obtaining injunctive relief, the court19
may award attorney fees and costs to the prevailing party.20
Section 2. R.S. 37:3556.1 is hereby enacted to read as follows:21
§3556.1. Course of study; hours22
A. Pursuant to the licensure requirements provided in R.S. 37:3556, a course23
of study may utilize a credit hours equivalent as defined by the United States24
Department of Education in lieu of clock hours to measure student achievement. A25
course of study using credit hours shall provide course work consistent with the rules26
promulgated by the board including at least five hundred hours of in-class supervised27
instruction.28
B. The provisions of this Section shall terminate on January 1, 2013.29
Section 3. R.S. 37:3560 is hereby repealed in its entirety.30 ENROLLEDHB NO. 923
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are additions.
Section 4. The provisions of Sections 1 and 3 of this Act shall become effective on1
January 1, 2013.2
Section 5. The provisions of Section 2 of this Act shall become effective upon3
signature by the governor or, if not signed by the governor, upon expiration of the time for4
bills to become law without signature by the governor, as provided by Article III, Section5
18 of the Constitution of Louisiana. If vetoed by the governor and subsequently approved6
by the legislature, this Section 2 of this Act shall become effective on the day following such7
approval.8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: