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SENATE FLOOR VERSION
March 3, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1741 By: Daniels
An Act relating to massage therapy; amending 59 O.S.
2021, Section 4200.2, which rela tes to definitions;
defining terms; amending 59 O.S. 2021, Section
4200.3, which relates to massage therapy licensing;
requiring license to operate massage therapy
establishment; preventing licensed nonresident from
operating if certain services are opened to general
public; updating statutory reference; amending 59
O.S. 2021, Section 42 00.4, which relates to the
authority of the State Board of Cos metology and
Barbering; expanding authority over certain permits
and inspections; removing the Advisory Board on
Massage Therapy; reducing massage therapy license
fee; establishing license fee for establishment
license; authorizing the Board to issue original
licenses and temporary work permits; providing
conditions for licensees to be denied or placed on
probation by the Board; requiring disclosure of
certain crimes; allowing the Board to require an
applicant to submit to a national criminal history
record check; amending 59 O.S. 2021, Section 4200.5,
which relates to license requirements; removing the
requirements needed for licensing during certain time
frame; establishing licensing standards for an
original license; removing neces sity for liability
insurance; establishing massage therapy establishment
license; providing f or requirements necessary for
issuances of license by Board; requiring disclosure
of certain crimes; establishing standards for
renewal; amending 59 O.S. 20 21, Section 4200.6, which
relates to license posting; requiring license posting
at each place of business; amending 59 O.S. 2021,
Section 4200.7, which relates to massage therapy
schools; expanding author ized massage therapy
schools; amending 59 O.S. 2021, Section 4200.9, which
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relates to out-of-state license; removing conditions
for issuance of out-of-state license; allowing the
Board to issue tempo rary work permits; providing
conditions for issuance of temporary work permit;
requiring expiration of permit without the ability to
renew; establishing massage therapist license
renewal; providing for conditions for license
renewal; requiring disclosure of certain crimes;
providing for renewal in certain time f rame;
establishing fees for renewal; requiring submission
of proof of completion of continuing education for
renewal; requiring reapplication for a license if not
renewed in certain time frame; amending 59 O.S. 2021,
Section 4200.10, which relates to preemption;
providing preemption for massage therapy
establishments; allowing regulations for general
health and safety; amending 59 O.S. 2021, Section
4200.11, which relates to disciplinary actions and
proceedings; authorizing the Board to conduct
investigations; requiring records a nd information in
connection to investigations to be confidential;
allowing for exception to confidentiality by law
enforcement and regulatory agencies; establishin g
administrative fines for violations of act;
authorizing the Board to issue field citations;
allowing for citations to impose actions and fines;
requiring a hearing following i ssuance of citation;
allowing for payment of fine without hearing
resulting in acknowledgement of violation;
establishing punishment by fine or imp risonment for
violations made by unlicensed persons, firms, or
corporations; authorizing the Board to levy
administrative fines on unlicensed individuals and
owners of establishments engaged in certain behavio r;
exempting certain individuals from pro visions of the
act; repealing 59 O.S. 2021, Secti ons 4200.8 and
4200.13, which relate to examination for licensure
and violations; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 59 O.S. 2021, Section 4200.2, is
amended to read as follows:
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Section 4200.2. As used in the Massage Therapy Practice Act:
1. “Board” means the State Board of Cosmetology and Barbering;
2. “Direct access” means the ability that the public has to
seek out treatment by a massage therapist without the direct
referral from a medical or health care p rofessional;
3. “Massage therapist” means an individual who practices
massage or massage therapy and is licensed under pursuant to the
Massage Therapy Practice Ac t. A massage therapist uses visua l,
kinesthetic, and palpatory skills to assess the body and may
evaluate a condition to the extent of determi ning whether massage is
indicated or contraindicated;
4. “Massage therapy” means the skillful treatment of the s oft
tissues of the human body. Ma ssage is designed to promote g eneral
relaxation, improve mo vement, relieve somatic and muscular pain or
dysfunction, stress and muscle tension, provide for general health
enhancement, personal growth, education and the org anization,
balance and integration of the human body and include s, but is not
limited to:
a. the use of touch, pressu re, friction, stroking,
gliding, percussion, kneading, movement, positioning,
holding, range of motion and nonspecific stretching
within the normal anatomical range of movem ent, and
vibration by manual o r mechanical means with or
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without the use of massage devices that mimic or
enhance manual measures, and
b. the external application of ice, h eat and cold packs
for thermal therapy, water, lub ricants, abrasives and
external application of herbal or topical preparations
not classified as prescription drugs; and
5. “Massage therapy establishment” means any fixed business
location, address, building, or property where a person engage s in,
conducts, carries on, or permits the prac tice of massage therapy.
The definition exclu des offices or workplaces of licensed health
care professionals exempted from the provisions of the Massage
Therapy Practice Act;
6. “Massage therapy school” means a facility providing
instruction in massage t herapy;
7. “Person” means an individual, partner ship, limited liability
company, corporation, or association, unless the context otherwise
requires;
8. “Poses a reasonable threat” means the nature of criminal
conduct for which the person was con victed involved an act or threat
of harm against another and has a b earing on the fitness or ability
to serve the public or work with others in the occupation; and
9. “Substantially relates” means the nature of crim inal conduct
for which the person was convicted, or to which the pers on pleaded,
has direct bearing on the f itness or ability to perform one or more
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of the duties or responsibilities necessarily related to the
occupation.
SECTION 2. AMENDATORY 5 9 O.S. 2021, Section 4200.3, is
amended to read as follows:
Section 4200.3. A. Unless a person is a licensed as a massage
therapist by the State Board of Cosmetology and Barbering, a person
shall not:
1. Practice massage therapy in this state for remuneration;
2. Use the title of massa ge therapist;
2. 3. Represent himself or herse lf to be a massage therapist;
3. 4. Use any other title, words, abbreviations, let ters,
figures, signs or devices that indic ate the person is a massage
therapist; or
4. 5. Utilize the terms “massage”, “massage therapy” or
“massage therapist” when advertising or printing promotional
material.
B. A person shall not maintain, manage or o perate a massage
therapy school offering e ducation, instruction or training in
massage therapy unless the school is a licensed massage therapy
school pursuant to Section 7 of this act 4200.7 of this title.
C. Individuals practicing massage therapy under t he Massage
Therapy Practice Act shall not perform any of the following:
1. Diagnosis of illness or disease;
2. High-velocity, low-amplitude thrust;
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3. Electrical stimulation;
4. Application of ultrasound;
5. Use of any technique that interrupts or bre aks the skin; or
6. Prescribing of medici nes.
D. No person shall own or operate a massage therapy
establishment without first obtaining an establishment license from
the Board.
E. Nothing in the Massage The rapy Practice Act shall be
construed to prevent :
1. Qualified members of other recognize d professions who are
licensed or regulated under pursuant to Oklahoma law from rend ering
services within the scope of the license of the perso n, provided the
person does not represent himself or herself as a massa ge therapist.
A physician or other licens ed health care provider providing health
care services within the scope of practice of the physician or
provider shall not be required to be li censed by or registered with
the State Board of Cosmetology and Barberi ng;
2. Students from rendering massage th erapy services within the
course of study when enrolled at a licensed massage therap y school;
3. Visiting massage therapy instructors from ano ther state or
territory of the United States, the District of Columbia or any
foreign nation from teaching massag e therapy, provided the
instructor is duly licensed or registered, if required, and is
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qualified in the instructor ’s place of residence for the practice of
massage therapy;
4. Any nonresident person holding a curr ent license,
registration or certification in massage therapy from another state
or recognized national certification system d etermined as acceptable
by the Board when temporarily prese nt in this state from pr oviding
massage therapy services as a part of a n emergency response team
working in conjunction with disaster relief officials or at special
events such as conventions, spor ting events, educational field
trips, conferences, travelin g shows or exhibitions , as long as the
services are not open to the gen eral public;
5. Physicians or other healt h care professionals from
appropriately referring to duly licensed massage therapist s or limit
in any way the right of direct access of the pub lic to licensed
massage therapists; or
6. The practice of any person i n this state who uses touch,
words and directed movement to deepen awareness of existing patterns
of movement in the body as w ell as to suggest new possibilities of
movement while engag ed within the scope of p ractice of a profession
with established standa rds and ethics, provided that the services
are not designated or implied to be massage or massage therapy.
Practices shall include but are not limi ted to the Feldenkrais
Method of somatic education, Rolf Move ment Integration by the Rolf
Institute, the Trager Approach of movement education, and Bo dy-Mind
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Centering. Practitioners shall be recognized by or meet the
established standards of either a pro fessional organization or
credentialing agency that represent s or certifies the respective
practice based on a minimal level of training, demonstratio n of
competency, and adherence to ethical standards.
E. F. A physician or other lic ensed health care provide r
providing health care services w ithin their scope of pra ctice shall
not be required to be licensed or r egistered with the State Board of
Cosmetology.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 4200.4, i s
amended to read as follows:
Section 4200.4. A. The State Board of Cosmetology a nd
Barbering is hereby authorized to adopt and promulgate rules
pursuant to the Administr ative Procedures Act that are necessary for
the implementation and enforcement of th e Massage Therapy Practic e
Act, including, but not limited to, qualifications for l icensure,
renewals, reinstatements, temporary work permits, inspection of
establishments, and continuing education requirements.
B. The State Board of Cosmetology and Barbering is hereby
empowered to perform investigations, to requ ire the production of
records and other documents relating to practices regulated by the
Massage Therapy Practice Act, and to seek injunctive relief in a
court of competent jurisdiction without bon d.
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C. There is hereby created an Advisory Board on Massage
Therapy. The Advisory Board on Massage Therapy shall assist the
Board in carrying out the provision s of this section regarding the
qualifications, examination, r egistration, regulation, and stand ards
of professional conduct of massage therapists. The Ad visory Board
on Massage Therapy shall consist of five (5) members to be appointed
by the Governor for four-year terms as follows:
1. Three members who shall be li censed massage therapists and
have practiced in Oklahoma for not less than three (3) years pr ior
to their appointment ;
2. One member who shall be an administrator or faculty member
of a nationally accredited school of massage therapy; and
3. One who shall be a citizen member.
D. The fee for any license issued between the effective date of
this act and May 1, 2017, sha ll be Twenty-five Dollars ($25.00).
1. The Board shall establish a schedule of reasonable and
necessary administrative fees.
2. The initial fee or renewal fee for any a massage therapy
license issued after May 1, 2017, shall be Fifty Dollars ($50.00)
Twenty-five Dollars ($25.00) per year. The initial fee or renewal
fee for a massage therapy establishment license shall be Thirty
Dollars ($30.00) per year. A duplicate license fee shall be Ten
Dollars ($10.00) Five Dollars ($5.00) .
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.4.1 of Title 59, unless
there is created a duplication in number ing, reads as follows:
A. The State Board of Cosmetology and Barbering shall have
authority to issue original licenses and t emporary work permits as
provided in the Massage Therapy Practice Act.
B. The Board may deny or place probationary conditions on a n
original massage therapist license or temporary work permit if the
applicant:
1. Has pleaded guilty, nolo contendere , or been convicted of a
crime that substantially relates to the practice of massage therapy
and that poses a reasonable th reat to public health or safety;
2. Has had a license or permit denied or has been th e subject
of disciplinary action in another jurisdiction and if the gro unds
for the denial or disciplinary action would constitute cause for
denial or disciplinary action un der the Massage Therapy Practice Act
or the Board’s rules;
3. Has previously held a license or permit revoked by the Board
or has been the subject of dis ciplinary action by the Board; or
4. Attempts to obtain the license or permit by means of fraud,
misrepresentation, deceit, or concealment of material facts.
C. The Board may deny or place probationary conditions on an
original massage therapy establishment license if the applicant:
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1. Has pleaded guilty, nolo contendere, or been convicted of a
crime that substantially relates to the ownership, operation, or
management of a massage therapy establishment and that poses a
reasonable threat to public health or safety;
2. Has had a license or permit denied or has been the subject
of disciplinary action in an other jurisdiction and if the grounds
for the denial or disciplinary action would constitute cause for
denial or disciplinary action un der the Massage Therapy Practice Act
or the Board’s rules;
3. Has previously held a license or permit revoked by the Board
or has been the subject of disciplinary action by the Board; or
4. Attempts to obtain the lice nse or permit by means of fraud,
misrepresentation, deceit, or concealment of material facts.
D. The Board may require an applicant for an original massage
therapist license, a temporary permit, or an original establishment
license to submit to a national criminal history record check as
defined in Section 15 0.9 of Title 74 of the Oklahoma Sta tutes. The
costs associated with the national criminal history record check
shall be paid by the applicant.
SECTION 5. AMENDATORY 59 O.S. 2 021, Section 4200.5, is
amended to read as follows:
Section 4200.5. A. Between the effective date of this act and
May 1, 2017, the State Board of Cosmetology and Barbering shall
issue a license to practice massage therapy to any person wh o files
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a completed application, accompanied by the required fe es, and who
submits satisfactory evidence that the applicant:
1. Is at least eighteen (18) years of age;
2. Has one or more of the foll owing:
a. documentation that the applicant has completed and
passed a nationally recognized competency examination
in the practice of massage therapy,
b. an affidavit of at least five (5) years of work
experience in the state, or
c. a certificate and trans cript of completion from a
massage school with at least five hundred (500) hours
of education;
3. Provides proof of do cumentation that the applicant currently
maintains liability insurance for practice as a massage therapist;
and
4. Provides full disclos ure to the Board of any criminal
proceeding taken agains t the applicant including but not limited to
pleading guilty or nolo contendere to, or receiving a conviction
for, a felony crime that substantially relates to the practice of
massage therapy and pose s a reasonable threat to public safety.
B. To assist in determining the entry-level competence of an
applicant who makes application for a license after May 1, 2017, the
Board may adopt rules establishing additional standards or criteria
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for examination acceptance and may adopt only those examinations
that meet the standards outlined in Section 4200.8 of this title.
C. 1. After May 1, 2017, except Except as otherwise provided
in the Massage Therapy Practice Act, every person desiring to
practice massage therapy in this state shall be required to first
obtain a massage therapist license from the State Board of
Cosmetology and Barbering.
2. After May 1, 2017, the B. The Board may issue a an original
massage therapist license to an applicant a person who files a
completed application, accompanied by the required fees, and who:
a. is
1. Is at least eighteen (18) years of age,; and
b. provides
2. Provides documentation that the a pplicant has completed the
equivalent of five hundred (500) hours of formal educati on in
massage therapy from a state -licensed school, graduated from a state
licensed or accredited massage therapy school with at least five
hundred (500) clock hours of formal education; or
c. provides
3. Provides documentation that the applicant has pas sed a
nationally recognized competency examination approved by the Bo ard,.
d. provides proof that the applicant currently maintains
liability insurance for practice as a mass age
therapist, and
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e. provides
C. An applicant shall p rovide full disclosure to t he Board of
any criminal proceeding taken against the applicant inclu ding
pleading guilty or nolo contendere to, o r receiving a conviction
for, a felony crime that substantia lly relates to the p ractice of
massage therapy and poses a reasonable threat to pu blic safety.
D. As used in this section:
1. “Substantially relates ” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to pe rform one or more of the duties or
responsibilities necessaril y related to the occupation; and
2. “Poses a reasonable threat ” means the nature of criminal
conduct for which th e person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or wo rk with others in the occupation.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.5.1 of Title 59, unless
there is created a duplication in numbering, reads as follows:
A. No person shall own or operate a massage therapy
establishment without obtaining a massage therapy establishment
license from the State Board of Cosmetology and Barbering.
B. The Board may issue an original massage therapy
establishment license to an applicant who:
1. Is at least eighteen (18) years of age;
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2. Discloses whether the applicant has been denied a massage
therapy establishment license in another jurisdiction;
3. Discloses whether the applicant holds or has held a massage
therapy establishment license in another jurisdiction and whether
disciplinary action has ever been taken against the applicant
including, but not limited to, suspension or revocation of the
license; and
4. Discloses whether the ap plicant has pleaded guilty, nolo
contendere, or has been convicted of a crime that substantially
relates to the practice of massage therapy and that poses a
reasonable threat to public health or safety.
C. All massage therapy establishments shall be subject to
inspection by the Board and shall comply with all provisions of the
Massage Therapy Practice Act and rules of the Board. An inspection
by the Board of a massage therapy establishment licensed to practice
in a massage therapist’s private residence shall be limited to the
spaces where massage therapy is practiced.
D. Massage therapy establishment licenses shall be renewed
biannually. The renewal date shall be established by the Board
through adoption of a rule.
E. A licensee may renew a massage therapy license by:
1. Submitting a compl eted renewal application on a form
prepared by the Board;
2. Tendering the required renewal f ee;
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3. Disclosing any plea of guilty, nolo contendere, or
conviction of a crime other than a minor traffic violation in any
jurisdiction within the preceding licensure year; and
4. Disclosing any administrative or legal action taken against
the licensee in any other jurisdiction governing massage the rapy.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 4200.6, is
amended to read as follow s:
Section 4200.6. A. A massage therapy license Massage therapist
and message therapy establishment licenses issued by the State Board
of Cosmetology and Barbering shall at all times be posted in a
conspicuous place in the principal each place of business of t he
holder.
B. A license issued pursuant to the Massage Therapy Practice
Act is not assignable or transferable.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 4200.7, is
amended to read as follow s:
Section 4200.7. A. A person shall not advertise, maintain,
manage or operate a massage therapy school unless the school is
licensed by the Oklahoma Board of Pri vate Vocational Schools or is a
technology center school accredited by the State Board of Career and
Technology Education .
B. A person shall not instruct as a m assage therapist unless
the instruction is within the scope of curriculum at a license d
massage therapy school.
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SECTION 9. AMENDATORY 59 O.S. 2021, Section 4200.9, is
amended to read as follows:
Section 4200.9. A. The State Board of Cosmetology and
Barbering may issue an original massage therapist license to an
applicant, provided that the applicant who possesses a valid license
or registration to practice massage th erapy issued by the
appropriate examining board under the laws o f any other state or
territory of the United States, the Di strict of Columbia or any
foreign nation and has met educational and examination requirements
equal to or exceeding those established pursuant to the Massag e
Therapy Practice Act.
B. 1. Massage therapy licenses shall expire bienniall y.
Expiration dates shall be established by the Board through adopt ion
of a rule.
2. A license shall be renewed by submitting a renewal
application on a form provided by the B oard.
3. A thirty-day grace period shall be allowed each license
holder after the end of the renewa l period, during which time a
license may be renewed upon payment of the renewal fee and a late
fee as prescribed by the Board.
C. 1. If a massage therapy license is not renewed by the end
of the thirty-day grace period, the license shall be placed on
inactive status for a period not to exceed one (1 ) year. At the end
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of one (1) year, if the license has not been reactivated, it shall
automatically expire.
2. If within a period of one (1) year fr om the date the license
was placed on inactive status the m assage therapist wishes to resume
practice, the massage therapist shall notify the Board in writing
and, upon receipt of proof of com pletion of all continui ng education
requirements and payment of an amount set by the Board in lieu of
all lapsed renewal fe es, the license shall be restored in full.
D. The Board shall establish a schedule of reasonable and
necessary administrative fees.
E. The Board shall fix the amount of fees so that the total
fees collected shall be sufficient to mee t the expenses of
administering the provisions of the Massage Therap y Practice Act
without unnecessary surpluses.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.9.1 of Title 59, unless
there is created a duplication in numbering, reads as follows:
A. The State Board of Cosmetology and Barbering may issue a
temporary work permit to a p erson who submits a completed
application accompan ied by the required fees, and who :
1. Is at least eighteen (1 8) years of age;
2. Provides documentation that the applicant has graduated from
a state licensed or accredited massage school with a le ast five
hundred (500) clock hours of formal education; and
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3. Discloses whether the applicant has plead ed guilty, nolo
contendere, or been convicted of a crime that substantially relates
to the practice of massage therapy and that poses a reasonable
threat to public health and safety.
B. A temporary work permit issued pursuant to this section
shall authorize the recipient to pract ice massage therapy under the
direct supervision of a licensed massage therapist in accordance
with rules promulgated by the Board. The permit shall expire ninety
(90) days after the date i t is issued and is not renewable.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.9.2 of Title 59, unless
there is created a du plication in numbering, reads as follows:
A. A massage therapist license shall be renewed biannually.
The renewal date shall be established by the State Board of
Cosmetology and Barbering through adoption of a rule.
B. A licensee may renew a license by:
1. Submitting a completed renewal application on a form
prepared by the Board;
2. Tendering the req uired renewal fee;
3. Submitting proof of completion of all continuing education
requirements;
4. Disclosing any plea of guilty, nolo contendere, or
conviction of any crime other than minor traffic violations; and
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5. Disclosing any administrative or legal action taken against
the licensee in any other jurisdiction governing massage therapy.
C. Any person who fails to renew the license within the
required time may make application for renewal at any time by:
1. Paying the regular renewal license fee and a late fee of Ten
Dollars ($10.00) for each expired year, which bec omes due six (6)
months after the expiration date; and
2. Submitting proof of completion of all continuing education
requirements cumulative for the y ear or years since the license
expired.
SECTION 12. AMENDATORY 59 O.S. 2021, Section 4200.10, is
amended to read as follows:
Section 4200.10. A. The Massage Therapy Pra ctice Act shall
supersede preempt all ordinances or regulations regulating massage
therapists and massage therapy estab lishments in any city, county,
or political subdivision.
B. This section shall not affect the regulations of a city,
county or a political subdivision relating to zoning requirements ,
general health and safety, or occupational license fees pertaining
to health care professions.
SECTION 13. AMENDATORY 59 O.S. 2021, Section 420 0.11, is
amended to read as follows:
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Section 4200.11. A. The State Board of Cosmetology and
Barbering may take disciplinary action against a person licensed
pursuant to the Massage Therapy Practice Act as follows:
1. Deny or refuse to renew a license;
2. Suspend or revoke a li cense;
3. Issue an administrative reprimand; or
4. Impose probationary conditions when the licensee or
applicant has engaged in unpr ofessional conduct that has endangered
or is likely to endanger the health, welfare or safety of the
public.
B. The Board shall take disciplinary action upon a finding that
the licensee or person has committed an act of unprofessional
conduct or committed a violation of rule or law.
C. Disciplinary proceedings may be instituted by sworn the
filing of a complaint of any person, including members of the Board,
and shall conform to the provisions of the Administrative Procedures
Act. The Board shall conduct investigations in the same m anner and
according to the same terms as provided in the Oklahoma Cosmetology
and Barbering Act. Records and information obtained in connection
with an investigation of alleged violations shall be con fidential in
the same manner as provided in the Oklahoma Cosmetology and
Barbering Act and rules of the Board. However, in formation obtained
in the course of an investigation shall be made available to the
appropriate law enforcement or regulatory agency.
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D. The Board shall estab lish the guidelines for the disposition
of disciplinary cases. Guidelines may include, but shall not be
limited to, periods of probation, conditions of probation,
suspension, revocation or reissuance of a license.
E. A license holder who has been found culpable in violation of
the Massage Therapy Pra ctice Act, rules of the Board, or other
applicable law, and sanctioned by the Board shall be responsible for
the payment of all costs of the disciplinary proceedin gs and any
administrative fees imposed.
F. The surrender or expiration of a license shall no t deprive
the Board of jurisdiction to proceed wit h disciplinary action.
G. The Board may assess an administrative fine not to exceed
Two Hundred Fifty Dollars ($250.00) for each violation of the
Massage Therapy Practice Act or rule s of the Board. Each day a
violation continues shall constitute a separa te offense. Failure to
pay a citation that has been upheld by the Board shall constitute a
continued or flagrant violation of the Board’s rules, such that the
Board may refuse to renew the related license or issue an original
license where the individual cited is unlicensed unless and u ntil
the citation is paid.
H. The Board may issue field c itations in enforcement of the
Massage Therapy Practice Act. Field citations may require the
performance of an acti on and impose fines. Such citations shall
provide notice of a hearing as provided for in this section.
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However, a person who receives a citation may waive the hearing and
pay the fine. Payment of the fine s hall constitute acknowledgement
of the violation and may be considered in any future disciplinary
actions by the Board.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.14 of Title 59, unless
there is created a duplication in num bering, reads as follows:
A. It shall be unlawful and constitute a misdemeanor,
punishable upon conviction by a fine not less than Fifty Dollars
($50.00) nor more than One Hundred Fifty Dollars ($150.00), or by
imprisonment in the county jail for not more than thirty (30) days,
or both such fine and imprisonment, for any person, firm, or
corporation in this state to:
1. Operate or attempt to operat e a massage therapy
establishment without having obtained a massage therapy
establishment license from the State Board of Cosmetology and
Barbering;
2. Practice massage therapy without having obtained a massage
therapist license from the Board;
3. Permit any person in one ’s employ, supervision, or control
to practice massage therapy unless that person has obtained an
appropriate license from the Board;
4. Willfully violate any rule promulgated by the Board for the
operation of a massage therapy establishment; or
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5. Violate any of the provisions of the Massage Therapy
Practice Act.
B. The Board shall have the aut hority to levy administrative
fines not to exceed Two Hundred Fifty Dolla rs ($250.00) for persons
practicing massage therapy without a license and for owners of a
massage therapy establishment who allow unlicensed individuals to
practice massage therapy in their establishment. Each day a
violation continues shall be a separate offense.
C. The provisions of the Massage Therapy Practice Act shall not
apply to the persons listed in subsections E and F of Section 4200.3
of Title 59 of the Oklahoma Statutes while such persons are engaged
in the proper dischar ge of their professional duties.
SECTION 15. REPEALER 59 O.S. 2021, Sections 4200.8 and
4200.13, are hereby repealed.
SECTION 16. This act shall become effective Novem ber 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON BUS INESS, COMMERCE AND TOURISM
March 3, 2022 - DO PASS AS AMENDED