Req. No. 7040 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 7040 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 7040 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 7040 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 7040 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 7040 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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,; Req. No. 7040 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 7040 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; Req. No. 7040 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 7040 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 7040 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 7040 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 7040 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; Req. No. 7040 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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