Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB2514 Introduced / Bill

Filed 02/06/2023

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
HOUSE BILL 2514 	By: Pittman 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to professions and occupations; 
amending 59 O.S. 2021, Section s 4200.2, 4200.3, 
4200.4, which relates to the Massage Therapy Practice 
Act; adding definitions; modifying licensure 
requirement; modifying membership and qualifications 
of Advisory Board on Massage Therapy ; authorizing 
Board to issue original licenses and temporary work 
permits; providing for denial of license o r 
probationary conditions; defining terms; amending 59 
O.S. 2021, Section 4200.5 , which relates to license 
requirements; removing certain requirements; 
modifying issuance of license; providing for 
establishment licenses; amending 59 O.S. 2021, 
Section 4200.6 and 4200.7 which relates to licenses; 
providing for posting of establishment license; 
adding massage therapy schools; repealing 59 O.S. 
2021, Section 4200.8, which relates to examination 
for license; amending 59 O.S. 2021, Section 4200.9, 
which relates to out of state license holders; 
removing requirements for certain licenses; 
authorizing Board to issue temporary work permit; 
providing for renewal of license; 59 O.S. 2021, 
Section 4200.10 and 4200.11, which relates to 
preemption; providing exceptions ; authorizing Board 
to conduct investigations; providing for 
administrative fines and field citations; repealing 
59 O.S. 2021, Section 4200.13, which relates to 
misdemeanor violations; providing for penalties; 
providing for codification; and providing an 
effective date. 
 
 
 
 
   
 
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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: 
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 professional; 
3.  "Massage therapist" means an individual who practices 
massage or massage therapy and is licensed under pursuant to the 
Massage Therapy Practice Act.  A massage therapist uses visual, 
kinesthetic, and palpatory skills to assess the body and may 
evaluate a condition to the extent of determining whether massage is 
indicated or contraindicated; 
4.  "Massage therapy" means the skillful treatment of the soft 
tissues of the human body.  Massage is designed to promote g eneral 
relaxation, improve movement, relieve somatic and muscular pain or 
dysfunction, stress and muscle tension, provide for general health 
enhancement, personal growth, education and the organization, 
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   
 
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within the normal anatomical range of movement, and 
vibration by manual o r mechanical means with or 
without the use of massage devices that mimic or 
enhance manual measures, and 
b. the external application of ice, heat and cold packs 
for thermal therapy, water, lubricants, abrasives and 
external application of herbal or topical preparations 
not classified as prescription drugs; a nd 
5.  "Massage Therapy Establishment" means any fixed business 
location, address, building, or property, where a person engages in, 
conducts, carries on, or permits the practice of massage therapy.  
This definition excludes offices or workplaces of license d health 
care professionals exempted from the provisions of the Massage 
Therapy Practice Act. 
6.  "Massage therapy school " means a facility providing 
instruction in massage therapy. 
7.  "Person" means an individual, partnership, limited liability 
company, corporation or association, unless the context otherwise 
requires. 
SECTION 2.     AMENDATORY     59 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 o f Cosmetology and Barbering, a person 
shall not:   
 
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1.  Use the title of ma ssage therapist; 
2.  Represent himself or herse lf to be a massage therapist; 
3.  Use any other title, words, abbreviations, letters, figures, 
signs or devices that indicate the person is a massage therapist; or 
4.  Utilize the terms "massage", "massage therapy" or "massage 
therapist" when advertising or printing promotional material ; or 
5.  Practice massage thera py in this state. 
B.  A person shall not maintain, manage or operate a mass age 
therapy school offering education, instruction or training in 
massage therapy unless the school is a licensed or accredited 
massage therapy school pursuant to Section 7 4200.7 of this act 
title. 
C.  Individuals practicing massage therapy under the Mass age 
Therapy Practice Act shall not perform any of the following: 
1.  Diagnosis of illness or disease; 
2.  High-velocity, low-amplitude thrust; 
3.  Electrical stimulation; 
4.  Application of ult rasound; 
5.  Use of any technique that interrupts or breaks the skin; or 
6.  Prescribing of medicines. 
D.  No person shall own or operate a massage therapy 
establishment without first obtaining an establishment license from 
the Board.   
 
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E. Nothing in the Massage Therapy Practice Act shall be 
construed to prevent: 
1.  Qualified members of other recognized professions who are 
licensed or regulated under pursuant to Oklahoma law from rendering 
services within the scope of the license of the person, provided the 
person does not represent himself or herself as a massage ther apist.  
A physician or other licensed health care provider providing healt h 
care services within the scope of practice of the physician or 
provider shall not be required to be licensed by or registered with 
the State Board of Cosmetology and Barbering; 
2.  Students from rendering massage therapy services within the 
course of study when enrolled at a licensed massage therapy school; 
3.  Visiting massage therapy instructors from another state or 
territory of the United States, the District of Columbia or any 
foreign nation from teaching massage therapy, provided the 
instructor is duly licensed or registered, if required, and is 
qualified in the instructor 's place of residence for the practice of 
massage therapy; 
4.  Any nonresident person holding a current lic ense, 
registration or certification in massage therapy from another state 
or recognized national certification system determined as acceptable 
by the Board when temporarily present in this state from providing 
massage therapy services as a part of an emerg ency response team 
working in conjunction with disaster relief officials o r at special   
 
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events such as conventions, sporting events, educational field 
trips, conferences, traveling shows or exhibitions , as long as the 
services are not open to the general pu blic; 
5.  Physicians or other health care professionals from 
appropriately referring to duly licensed massage therapists or limit 
in any way the right of direct access of the public to licensed 
massage therapists; or 
6.  The practice of any person in this state who uses touch, 
words and directed movement to deepen awareness of existing patterns 
of movement in the body as well as to suggest new possibilities of 
movement while engaged within the scope of practice of a profession 
with established standards and ethics, provided that the services 
are not designated or implied to be m assage or massage therapy.  
Practices shall include but are not limi ted to the Feldenkrais 
Method of somatic education, Rolf Movement Integration by the Rolf 
Institute, the Trager App roach of movement education, and Body-Mind 
Centering.  Practitioners shal l be recognized by or meet the 
established standards of either a pro fessional organization or 
credentialing agency that represents or certifies the respective 
practice based on a mini mal level of training, demonstration of 
competency, and adherence to ethi cal standards. 
E. F.  A physician or other licensed health care provide r 
providing health care services within their scope of practice shall   
 
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not be required to be licensed or register ed with the State Board of 
Cosmetology. 
SECTION 3.     AMENDATORY     59 O.S. 2021, Section 4200.4, is 
amended to read as follows: 
Section 4200.4 A.  The State Board of Cosmetology and Barbering 
is hereby authorized to adopt and promulga te rules pursuant to the 
Administrative Proced ures Act that are necessary for the 
implementation and enforcement of the Massage Therapy Practice Act, 
including, but not limited to, qualifications for licensure, 
renewals, reinstatements, temporary work permits, sanitation, 
inspection of establishments and continuing education requirements. 
B.  The State Board of Cos metology and Barbering is hereby 
empowered to perform investigations, to require the production of 
records and other documents relating to practi ces regulated by the 
Massage Therapy Practice Act, and to seek injunctive relief in a 
court of competent jurisdiction without bond . 
C.  1. There is hereby created an Advisory Board on Massage 
Therapy.  The Advisory Board on Massage Therapy shall assist th e 
State Board of Cosmetology and Barbering in carrying out the 
provisions of this section regarding the qualifications, 
examination, registration, regu lation, and standards of professional 
conduct of massage therapists.  The Advisory Board on Massage 
Therapy shall consist of five (5) seven (7) members to be appointed 
by the Governor for four-year terms as follows:   
 
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1.  a. Three four members who shall be licensed massage 
therapists and have practiced in Oklahoma for not l ess 
than three (3) years prior to thei r appointment.  One 
member shall be appointed to an initial term that 
shall expire on June 30, 2024.  One member shall be 
appointed to an initial term t hat shall expire on June 
30, 2025.  Two members shall be appointed to an 
initial term that shall expire on June 30, 2026.  All 
successive terms for the positions under this 
subsection shall be for four years each ; 
2.  b. One one member who shall be an administr ator or 
faculty member of a nationally accredited school of 
massage therapy school duly licensed or accredited 
pursuant to section 4200.7 of this title .  The member 
shall be appointed to an initial term that shall 
expire on June 30, 2024.  All successive terms for 
this position shall be for four years each ; and 
3.  c. One one member who shall be a citizen public 
member.  The member shall be appointed to an initial 
term that shall expire on June 30, 2025.  All 
successive terms for this position shall be for four 
years each.; and 
d. one member who shall hold an establishment license.  
The member shall be a ppointed to an initial term that   
 
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expires on June 30, 2025.  All successive terms for 
this position shall be for four years each. 
2.  A person appointed to fill a position that has become vacant 
shall serve the remainder of the term of the vacated position.  The 
person shall be eligible for reappointment to successive four -year 
terms thereafter. 
D.  1.  The Board shall establish a schedule of reasonable and 
necessary administrati ve fees. 
2. The initial or renewal fee for any a therapist license 
issued between the effective date of this act and May 1, 2017, shall 
be Twenty-five Dollars ($25.00).  The fee or renewal fee for any 
massage therapy license issued after May 1, 2017, shall be Fifty 
Dollars ($50.00) per year.  The initial fee for an establishment 
license shall be Fifty Dollars ($50.00) per year .  A duplicate 
license fee shall be Ten Dollars ($10.00) Five Dollars ($5.00) . 
SECTION 4.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 59 of Title 4200.4.1, unless 
there is created a duplication in numbering, reads as follows: 
A. The Board shall have authority to issue original licenses 
and temporary work permits as provided for in the Massage Therapy 
Practice Act. 
B. The Board may deny or place probatio nary conditions on an 
original massage therapist license or temporary work permit if:   
 
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1. The applicant has pleaded g uilty, nolo contendere or been 
convicted of a crime that substantially relates to the practice of 
massage therapy as designated in Section 4000.1 of title 59 of the 
Oklahoma Statues and that poses a reasonable threat to public health 
or safety; 
2. The applicant has had a license or permit denied or has been 
the subject of disciplinary action in another jurisdiction and if 
the grounds for the denial or disciplinary action would constitute 
cause for denial or disciplinary action under the Massage Therapy 
Practice Act or the Board 's rules; 
3. The applicant has previously held a license or permit by the 
Board and the license or permit has b een revoked or if the applicant 
has been the subject of disciplinary action by the Board; or 
4. The applicant 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 establishment license if: 
1. The applicant has pleaded guilty, nolo contendere or been 
convicted of a crime that substantially relates to the ownership, 
operation or management of a massage establishme nt and that poses a 
reasonable threat to public health or safety; 
2. The applicant has had a license or permit denied or has been 
the subject of disciplina ry action in another jurisdiction and if   
 
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the grounds for the denial or disciplinary action would con stitute 
cause for denial or disciplinary action under the Massage Therapy 
Practice Act or the Board 's rules; 
3. The applicant has previously held a license or permit by the 
Board and the license or permit has been revoked or if the applicant 
has been the subject of disciplinary action by the Board; or 
4. The applicant attempts to obtain the license or permit by 
means of fraud, misrepresentation, deceit or c oncealment of material 
facts. 
D. As used in this section: 
1. "Substantially relates " means the nature of criminal conduct 
for which the person was convicted, or to which the person pleaded, 
has a direct bearing on the fitness or ability to perform one or 
more of the duties or responsibilities necessarily related to the 
occupation; and 
2. "Poses a reasonable threat" means the nature of criminal 
conduct for which the 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 work with others in the occupation. 
E. The Board may require an applicant for an original therapist 
license, a temporary permit or an original establishment license to 
submit to a national criminal history record check as defined at 
Section 150.9 of title 74 of the Oklahoma Statutes. The costs   
 
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associated with the national criminal history record check shall be 
paid by the applicant. 
SECTION 5.     AMENDATORY     59 O.S. 2021, Section 420 0.5, 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 therap y to any person who files 
a completed application, ac companied by the required fees, and who 
submits satisfactory evidence that the applicant: 
1.  Is at least eighteen (18) years of age; 
2.  Has one or more of the following: 
a. documentation that the appli cant 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 transcript of completion from a 
massage school with at least five hundred (500) hours 
of education; 
3.  Provides proof of documentation that the applicant currently 
maintains liability insurance for pra ctice as a massage therapist; 
and 
4.  Provides full disclosure to the Board of any criminal 
proceeding taken against the applicant including but not l imited to   
 
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pleading guilty or nolo contendere to, or receiving a conviction 
for, a felony crime that substa ntially relates to the practice of 
massage therapy and poses 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 esta blishing additional standards or criteria 
for examination acceptance and may adopt only those exa minations 
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 Thera py Practice Act, every person desiring to 
practice massage therapy in this state shall be require d to first 
obtain a license from the Board. 
2.  After May 1, 2017, the B.  The Board may issue a an original 
license to an applicant a person who files a completed application, 
accompanied by the required fees, and who: 
a. 1. is Is at least eighteen (18) years of age,; 
b. 2. provides Provides documentation that the applicant has 
completed the equivalent of five hundred (500) hours of formal 
education in massage therapy from a state-licensed school 
graduated,; 
c. 3.  provides Provides documentation that the applicant has 
passed a nationally recognized competency examination approved by 
the Board,;   
 
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d. provides proof that the applicant currently maintains 
liability insurance for practice as a massage 
therapist, and 
e. 4.  provides Provides full disclosure to the Board of any 
criminal proceeding taken against the applicant including pleading 
guilty or nolo contendere to, or receiving a conviction for, a 
felony crime that substantially relates to the practice of massage 
therapy and poses a reasonable threat to public safety. 
D.  As used in this sec tion: 
1.  "Substantially relates " means the nature of criminal conduct 
for which the person was convicted has a direct bea ring on the 
fitness or ability to perform one or more of the d uties or 
responsibilities necessarily related to the occupation; and 
2.  "Poses a reasonable threat " means the nature of criminal 
conduct for which the person was convicted involved an act or th reat 
of harm against another and has a bearing on the fitness or ability 
to serve the public or work 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 an establishment license from the 
Board. 
B. The Board may issue an original license to an applicant who:   
 
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1. Is at least eighteen (18) years of age; 
2. Discloses whether the applicant has been denied a massage 
establishment license in another jurisdiction; 
3. Discloses whether the applicant holds or has held a massage 
establishment license in another jurisdiction and whether 
disciplinary action has ev er been taken against the applicant 
including but not limited to suspension or revocation of the 
license; and 
4. Discloses whether the applicant has pleaded guilty, nolo 
contendere or been con victed 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 establishments shall be subject to inspection by 
the Board and shall comply with all provisions o f the Massage 
Therapy Practice Act and rules of the Board. 
D. Establishment licenses shall be renewed annually. The 
renewal date shall be established by the Board through adoption of a 
rule. 
E. A licensee may renew a license by: 
1. Submitting a complete d renewal application on a form 
prepared by the Board; 
2. Tendering the required renewal fee;   
 
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3. Disclosing any plea of guilty, nolo contend ere or conviction 
of a crime other than a minor traffic violation in any jurisdiction 
within the preceding licensu re year; and 
4. Disclosing any administrative or legal action t aken against 
the licensee in any other jurisdiction governing massage therapy. 
SECTION 7.     AMENDATORY     59 O.S. 2021, Section 4200.6, is 
amended to read as follows: 
Section 4200.6 A. A massage therapy license or establishment 
license 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 the holder. 
B.  A license issued pursua nt to the Massage Therapy Practice 
Act is not assignable or transferable. 
SECTION 8.     AMENDATORY     59 O.S. 2021, Sectio n 4200.7, is 
amended to read as follows: 
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 Private Vocational Sch ools or is a 
technology center school accredited by the Oklahoma State Boa rd of 
Career and Technology Education . 
B.  A person shall not instruct as a massage therapist unless 
the instruction is with in the scope of curriculum at a licensed 
massage therapy school.   
 
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SECTION 9.     REPEALER     59 O.S. 2021, Section 4200.8, is 
hereby repealed. 
SECTION 10.     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 license to an applicant, provided that the 
applicant who possesses a valid license or registration to pract ice 
massage therapy issued by the appropriate examining board under the 
laws of any other state or territory of the United States, the 
District of Columbia or an y foreign nation and has met educational 
and examination requirements equal to or exceeding tho se established 
pursuant to the Massage Therapy Practice Act . 
B.  1.  Massage therapy licenses shall expire biennially.  
Expiration dates shall be established by the Board through adoption 
of a rule. 
2.  A license shall be renewed by submitting a renewal 
application on a form provided by the Board. 
3.  A thirty-day grace period shall be allowed each license 
holder after the end of the renewal period, during which t ime a 
license may be renewed upon payment of the renewal fee and a late 
fee as prescribed by th e 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 peri od not to exceed one (1) year.  At the end   
 
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of one (1) year, if the license has not been reactiv ated, it shall 
automatically expire. 
2.  If within a period of one (1) year from the date the license 
was placed on inactive status the massage therapist wishes to resume 
practice, the massage therapist shall notify the Board in writing 
and, upon receipt of proof of completion of all continuing education 
requirements and payment of an amount set by the Board in lieu of 
all lapsed renewal fees, 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 meet the expenses of 
administering the provision s of the Massage Therapy Practice Act 
without unnecessary surpluses. 
SECTION 11.    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 Board may issue a temporary work permit to a person who 
submits a completed application accompanied by the required fees, 
and who: 
1. Is at least eighteen (18) years of age; 
2. Provides documentation t hat the applicant has graduated from 
a state licensed or accredited massage school with at least five 
hundred (500) clock hours of formal education; and   
 
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3. Discloses whether the applicant 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 
threat to public health or safet y. 
B.  A temporary work permit issued pursuant to this section 
shall authorize the recipient to pra ctice 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 it is issued and is not renewable. 
SECTION 12.     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 duplication in numbering, reads as follows: 
A. A Massage Therapist license shall be renewed annually. The 
renewal date shall be established by the Board 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 required renewal fee; 
3. Submitting proof of completio n of all continuing education 
requirements; 
4. Disclosing any plea of guilty, nolo contend ere 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 ju risdiction governing massage therapy. 
C. Any person who fails to renew the license within the 
required time may make application for renewal at any time within 
five (5) years from the expiration date of the license by: 
1. Paying the regular renewal lic ense fee and a late fee of Ten 
Dollars ($10.00) for each expired year, which becomes due sixty (60) 
days after the expiration date; 
2. Submitting proof of completion of all continuing education 
requirements cumulative for the year(s) since the licensed e xpired. 
D. Any person who fails to renew a license within five (5) 
years of the expiration date must apply for a new license and meet 
all the requirements for origina l licensure. 
SECTION 13.     AMENDATORY     59 O.S. 2021, Section 4 200.10, is 
amended to read as follows: 
Section 4200.10 A.  The Massage Therapy Practice Act shall 
supersede preempt all ordinances or regulations regulating massage 
therapists and massage therapy establishments in any city, county, 
or political subdivision , except as listed in subsection B of this 
section. 
B.  This section shall not affect the regulations of a city, 
county or a political subdivision relating to zoning requi rements or 
occupational license fees pertaining to health c are professions.   
 
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SECTION 14.     AMENDATORY     59 O.S. 2021, Section 4200.11, is 
amended to read as follows: 
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 license; 
3.  Issue an administrat ive reprimand; or 
4.  Impose probationary conditions when the licensee or 
applicant has engaged in unprofessional 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 comm itted 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 Bo ard, 
and shall conform to the provisions of the Admi nistrative Procedures 
Act. 
The Board shall conduct investigations in the same manner and 
according to the same terms as provided for in the Oklahoma 
Cosmetology and Barber Act .  Records and information obt ained in 
connection with an investigation of allege d violations shall be 
confidential in the same manner as provided for in the Oklahoma   
 
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Cosmetology and Barber Act and rules of the Board.  However, 
information obtained in the course of an investigation may be made 
available to the appropriate law enforceme nt or regulatory agency. 
D.  The Board shall establish the guidelines for the disposition 
of disciplinary cases.  Guidelines may include, but shall not be 
limited to, periods of probation, conditions of p robation, 
suspension, revocation or reissuance of a license. 
E.  A license holder who has been found culpable in violation of 
the Massage Therapy Practice Act, r ules of the Board or other 
applicable law and sanctioned by the Board shall be responsible for 
the payment of all costs of the disciplinary proceed ings and any 
administrative fees fines imposed. 
F.  The surrender or expiration of a license shall not deprive 
the Board of jurisdiction to proceed with disciplinary action. 
G. The Board may assess an a dministrative fine of not more than 
Five Hundred Dollars ($500.00) for each violation of the Massage 
Therapy Practice Act or rule of the Board.  Each day a violation 
continues shall constitute a separate offense.  Failure to pay a 
citation that has been upheld by the Board shall constitute a 
continued or flagrant violation of these 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 until the 
citation is paid.   
 
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H. The Board may issue field citations in enforcing th e Massage 
Therapy Practice Act.  Field citations may require the performance 
of an action or impose fines.  Such citations shall provide notice 
of a hearing as provided for under this section.  However, a person 
who receives a citation may waive the hearin g and pay the fine.  
Payment of the fine shall constitute acknowledgement of the 
violation and may be considered in any fu ture disciplinary actions 
by the Board. 
SECTION 15.     REPEALER     59 O.S. 2021, Section 4200.13, is 
hereby repealed. 
SECTION 16.     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 numbering, reads as follows: 
A. It shall be unlawful and constitute a misdeme anor, 
punishable upon conviction by a fine of not less than Fif ty 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 per son, firm, or 
corporation in this state to: 
1. Operate or attempt to operate a massage therapy 
establishment, without having obtained a licen se therefor from the 
State Board of Cosmetolo gy and Barbering; 
2. Practice or offer to practice massage therapy without having 
obtained a license therefore from the Board;   
 
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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 prom ulgated by the Board for the 
sanitary management and operation of a massage therapy 
establishment; or 
5. Violate any of the provisions of the Okl ahoma Massage 
Therapy Act. 
B. The State Board of Cosmetology and Barbering shall have the 
authority to levy administrative fines not to exceed Five Hundred 
Dollars ($500.00) for persons practicing massage therapy without a 
license, and for owners of massage therapy establishments who allow 
unlicensed individuals to practice massage therapy without a license 
in their establishment.  Each day a violation continues shall be a 
separate offense.  The administrative fine shall not exceed a total 
of Five Hundred Dollars ($500.00). 
C.  The provisions of the Oklahoma Massage Therapy Act sh all not 
apply to the following per sons while such persons are engaged in the 
proper discharge of their professional duties as listed in 
subsections D and E of Section 4200.3 of title 59 of the Oklahoma 
Statutes. 
SECTION 17.  This act shall become effective November 1, 2023. 
 
59-1-7040 LRB 12/28/22