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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2514 By: Pittman
COMMITTEE SUBSTITUTE
An Act relating to massage therapy; amending 59 O.S.
2021, Section 4200.2, which re lates 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 to
operate if services are opened to general public;
updating statutory reference; amending 59 O.S. 2021,
Section 4200.4, which relates to the authority of the
State Board of Cosmetology and Barbering; expanding
authority over certain permits and in spections;
modifying terms of appointments to Board; providing
for vacancies; modifying license fees; establishing
license fee for establishment license; authorizing
the Board to issue massage therapy, temporary work
permits, and massage therapy establishment license;
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 nation al 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 nec essity 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 lic ense posting; requiring
license postage at each place of business; amending
59 O.S. 2021, Section 4200.7, which relates to
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massage therapy schools; expanding authoriz ed schools
necessary to be licensed; removing provision for
instruction as a massage therapis t; amending 59 O.S.
2021, Section 4200.9, which relates to out-of-state
license; removing conditions for issuance of out-of-
state license; allowing the Board to issue temporary
work permits; providing conditions for issuance of
temporary work permit; requiring expiration of permit
without the ability to renew; establish ing massage
therapy license renewal; providing for conditions for
license renewal; requiring disclosure of certain
crimes; providing for renewal in certain time frame;
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; amending 59 O.S. 2021, Secti on
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 for use 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 issuance 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 Boar d to levy
administrative fees to unlicensed individuals and
owners of establishments; providing exempted
individuals from pro visions of the act; amending 59
O.S. 2021, Section 4200.13, which relates to
violations; expanding violations; repealing 59 O.S.
2021, Sections 4200.8, which relates to examination
for licensure; providing for codification; and
providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 4200.2, is
amended to read as follow s:
Section 4200.2. As used in the Massage Therapy Pra ctice 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 licens ed under the Massage Therapy
Practice Act. A massage therapist us es 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 b ody. Massage is designed to promote g eneral
relaxation, improve movement, relieve somatic and mus cular 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, pressure, fri ction, stroking,
gliding, percussion, kneading, movement, positioning,
holding, range of mot ion 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 device s that mimic or
enhance manual measures, and
b. the external application of ice, heat and co ld packs
for thermal therapy, water, lubricants, 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 pro perty, where a person engages in,
conducts, carries on, or permits the practice of massage therapy.
This term shall exclude offices or workplaces of licensed healt h
care professionals exempted f rom the provisions of the Mas sage
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;
8. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was con victed, charged, or to which the
person has pleaded guilty or nolo contendere, involved an act or
threat of harm against another and has a bearing on the fitness or
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ability to serve the publ ic or work with others in massage therapy
consistent to the provisions in Section 4000.1 of this title; and
9. "Substantially relates" means the nature of the crim inal
conduct for which the per son was convicted, charged, or to which the
person pleaded guilty or nolo contendere, has a direct bearing on
the fitness or ability to perform one or more of the duties or
responsibilities necessarily related to massage thera py consistent
to the provisions in Section 4000.1 of this title.
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 of Cosmetology and Barbering , a person
shall not:
1. Practice massage therapy in this s tate;
2. Use the title of massage therapist;
2. 3. Represent himself or herself to be a massage thera pist;
3. 4. Use any other title, words, abbreviations , letters,
figures, signs or devices that indicate 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 operate a massage
therapy school offering education, instruction or training in
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massage therapy unless the school is a licensed or accredited
massage therapy school pursuant to Section 7 of this act 4200.7 of
this title.
C. Individuals practicing mass age therapy under the Massage
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 ultrasound;
5. Use of any technique tha t 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.
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 per son, provided the
person does not represent himself or herself as a massage therapist.
A physician or other licensed health care provider providing heal th
care services within the scope of practice of the physi cian or
provider shall not be required to be licensed by or registered with
the State Board of Cosm etology and Barbering;
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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 a nother state or
territory of the United States, the Di strict 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 t he practice of
massage therapy;
4. Any nonresident pe rson holding a current license,
registration or certification in massage therapy from another state
or recognized national certification system determined as acceptable
by the Board when temporarily pre sent in this state from providing
massage therapy serv ices as a part of an emergency response team
working in conjunction with disaster relief officials or at special
events such as conventions, sporting events, educational field
trips, conferences, travel ing shows or exhibitions, as long as the
services are not open to the general public;
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 p ublic 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 su ggest new possibilities of
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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 ar e not limited to the Feldenkrais
Method of somatic education, Rolf Movement Integration by the Rolf
Institute, the Trager Approach of movement education, and Body -Mind
Centering. Practitioners shal l be recognized by or meet the
established standards of ei ther a professional organization or
credentialing agency that represents or certifies the respectiv e
practice based on a minimal level of training, demonstration of
competency, and adherence to ethi cal standards.
E. F. A physician or other licensed health care provider
providing health care services within their scope of practice shall
not be required to be licensed or registered 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 autho rized to adopt and promulgate rules
pursuant to the Administrative Proced ures Act that are necessar y for
the implementation and enforcement of the Massage Th erapy Practice
Act, including, but not limited to, requirements related to
qualifications for licen sure, renewals, reinstatements, temporary
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work permits, sanitation, inspection of establishments, and
continuing education requirements.
B. The State Board of Cosmetology and Barbering is hereby
empowered to perform investigations, to require the producti on of
records and other documents relating to practices regulated by the
Massage Therapy Practice A ct, and to seek injunctive relief in a
court of competent jurisdiction without bond .
C. There is hereby created an Advisory Board on Massage
Therapy. The Advisory Board on Massage Therapy shall assist the
State Board of Cosmetology and Barbering in carrying out the
provisions of this section regarding the quali fications,
examination, registration, regulation, and standards of professional
conduct of massage therapists. The Advisory Board on Massage
Therapy shall consist of five (5) members to be appointe d by the
Governor for four-year terms as follows:
1. Three members who shall be licensed massag e therapists and
have practiced in Oklahoma for not l ess than three (3) years prior
to their appointment . One member shall be appointed to an initial
term that shall expire on June 30, 202 5. One member shall be
appointed to an initial term that shall exp ire on June 30, 2026.
One member shall be appointed to an in itial term that shall expire
on June 30, 2027. All successive terms for the positions provided
in this subsection shall be for four (4) years each;
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2. One member who shall be an administrator o r 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, 2025. All successive t erms for this position shall be
for four (4) years each ; and
3. One member who shall be a citizen public member. The member
shall be appointed to an initial term th at shall expire on June 30,
2026. All successive t erms for this position shall be for four (4)
years each.
D. A person appointed to fill a position that ha s become vacant
shall serve the remainder of th e term of the vacated position. The
person shall be eligible for appointment to successive four-year
terms thereafter.
E. The initial and renewal fee for any a massage therapy
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, 201 7, shall be
Fifty Dollars ($50.00) per year. The initial and renewal fee for an
establishment license shall be Fifty Dollars ($50.00) . 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 4200.4.1 of Title 59, unless
there is created a duplication in numbering , reads as follows:
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A. The State Board of Cosmetology and Barbering shall have
authority to issue mass age therapy licenses, temporary work permits,
and massage establishment licenses as provided in the Massage
Therapy Practice Act.
B. The Board may deny or place probationary conditions on a
massage therapy license or temporary work permit if:
1. The applicant has pleaded guilty, nolo contendere or been
convicted of a crime, or has a criminal charge currently pending,
that substantially relates to the practice of massage therapy and
that poses a reasonable threat to public health or safety ;
2. The applicant has had a license or permit deni ed or has been
the subject of disciplinary action in another jurisdictio n, if the
grounds for the denial or disciplina ry action would constitute cause
for denial or disciplinary action pursuant to 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 the a pplicant
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 p robationary conditions on a
massage establishment license i f:
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1. The applicant has pleaded guilty, nolo contendere, or been
convicted of a crime, or has a criminal charg e currently pending,
that substantially relates to the ownership, operation, or
management of a massage therapy establishment and that poses a
reasonable threat to public health and safety;
2. The applicant has had a license or permit denied or has been
the subject of disciplinary action in another jurisdict ion, if the
grounds for the denial o r disciplinary action would constitute cause
for denial or disciplinary action pursuant to the Massage Therapy
Practice Act or the Board 's rule;
3. The applicant has previously held a license or permit by the
Board and the license or permit has been r evoked or the applicant
has been the subject of disciplinary action by the Board; or
4. The applicant attempts to ob tain the license or permit by
means of fraud, misrepresentation, deceit, or concealment of
material facts.
D. The Board may require an applicant for an initial massage
therapy license, temporary work permit, or an initial establishment
license to submit to a national criminal his tory record check as
defined at Section 150.9 of Title 74 of the Oklahoma Statutes . The
costs associated with the national criminal history record check
shall be paid by the applic ant.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 4200.5, is
amended to read as follows:
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Section 4200.5. A. Between the effective date of this act and
May 1, 2017, the State Board of Cosmetolo gy and Barbering shall
issue a license to practice massage therapy to any person who fi les
a completed application, ac companied by the requi red fees, and who
submits satisfactory evidence tha t the applicant:
1. Is at least eighteen (18) years of age;
2. Has one or more of the following:
a. documentation that the applicant has completed and
passed a nationally recognized competency examinatio n
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 c ompletion 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 practice as a massage therapist;
and
4. Provides full disclosure to the Board of any criminal
proceeding taken against th e applicant including but not l imited to
pleading guilty or nolo contendere to, or receiving a convictio n
for, a felony crime that substantially relates to the practice of
massage therapy and poses a reason able threat to public safety.
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B. To assist in det ermining the entry-level competence of an
applicant who makes application for a license after May 1, 201 7, the
Board may adopt rules establishing additional standards or criteria
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 de siring to
practice massage therapy in this state shall be required to first
obtain a license from the Board.
2. After May 1, 2017, the B. The Board may issue a an initial
massage therapy 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 o f age,;
b. provides 2. Provides documentation that t he applicant has
completed the equivalent of five hu ndred (500) hours of formal
education in massage therapy from a s tate-licensed school,
c. provides graduated from a state licensed or accredited
massage therapy school with a t least five hundred ( 500) clock hours
of formal education;
3. Provides documentation that the applicant has passed a
nationally recognized compe tency examination approved by the Boa rd,
d. provides proof that the applicant currently maintains
liability insurance for practice as a mass age therapist, and
e. provides; and
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4. Provides full disclosure to the Board of any criminal
proceeding taken again st the applicant including pending criminal
charges, 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 section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearin g on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occu pation; and
2. "Poses a reasonable t hreat" means the nature of criminal
conduct for which the person was convicted involved an act or threa t
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 num bering, reads as follows:
A. No person shall own or operate a m assage therapy
establishment without obtaining an establishment license from the
State Board of Cosmetology and Barbering.
B. The Board may issue an initial establishment license to a n
applicant who:
1. Is at least eight (18) years of age;
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2. Discloses whether the a pplicant has been deni ed a massage
therapy establishment license in another jurisdiction;
3. Discloses whether the applicant holds or has held a massage
therapy establishment lic ense in another jurisdiction and whether
disciplinary action has ever been ta ken against the applic ant
including, but not limited to, suspension or revocation of the
license; and
4. Discloses whether the applicant has pleaded guilty, nolo
contendere or been convicted of a crime, o r has a criminal charge
currently pending, that substantially relates to the practice of
massage therapy and th at poses a reasonable threat to public health
and safety.
C. All massage therapy establishments shall be sub ject to
inspection by the Board and shall comply with a ll provisions of the
Massage Therapy Practice Act and rules of the Board. Inspection of
a private residence licensed as a massage therapy establishment
shall be limited to areas where massage therapy is practic ed,
including any restroom made available to massage therapy clients.
D. A massage therapy establishment license shall be renewed
annually. The renewal date shall be established by the Board
through adoption of a rule.
E. A licensee may renew a massage therapy establishment license
by:
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1. Submitting a completed renewal application on a form
prepared by the Board;
2. Tendering the re quired renewal fee;
3. Disclosing any plea of guilty, nolo contendere or conviction
of a crime, or pending criminal charg e, other than a minor t raffic
violation in any jurisdiction within the preceding licensure year;
and
4. Disclosing any administrative or legal ac tion taken 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 follo ws:
Section 4200.6. A. A massage therapy license or massage
therapy 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 t he
holder in which massage therapy is performed.
B. A license issued pursuant to th e Massage Therapy Practice
Act is not assignable or transferable.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 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
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technology center school accredited b y the Oklahoma State Board of
Career and Technology Education.
B. A person shall not instruct as a massag e therapist unless
the instruction is within the sc ope of curriculum at a licensed
massage therapy school .
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 license an applicant , provided that the applicant who
possesses a valid lic ense, permit, or registration to practice
massage therapy issued by the appropriate examining board under the
laws of any other state or territory of t he United States, the
District of Columbia or any f oreign nation and has met educational
and examination requirements equal to or exceed ing those established
pursuant to the Massage Therapy Practice Act .
B. 1. Massage therapy licenses shall expire bienni ally.
Expiration dates shall be established by the Board through adoption
of a rule.
2. A license shall be renewed by submitting a ren ewal
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 time a
license may be renewed upon payment of the renewal fee and a late
fee as prescribed by the Board.
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C. 1. If a massage therapy license is not renewed by the end
of the thirty-day grace period, the licen se shall be placed on
inactive status for a period not to exceed one (1) year. At the end
of one (1) year, if the license has not been reactivated, it shall
automatically expire.
2. If within a period o f 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 th e Board in writing
and, upon receipt of proof of comple tion 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 re stored in full.
D. The Board shall establish a schedu le of reasonable and
necessary administrative fees.
E. The Board shall fix the amount of fees so t hat the total
fees collected shall be sufficient to meet the expenses of
administering the provisions o f the Massage Therapy 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, r eads as follows:
A. The State Board of Cosmetology and Barbering 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;
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2. Provides documentation that the applicant has graduated from
a state licensed or accredited massage therapy school with at least
five hundred (500) clock hours of formal education; and
3. Discloses whether the applica nt has pleaded guilty, nolo
contendere or been convicte d of a crime, or has a criminal charge
currently pending, that substantially relates to the practice of
massage therapy and that poses a reasonable threat to public health
or safety.
B. A temporary work permit issued pursuant to this section
shall authorize the recipient to practice massage the rapy under the
direct supervision of a licensed massage the rapist in accordance
with rules promulgated by the Board. The permit shall expire ninety
(90) days after the date it is issued and is not renewa ble.
SECTION 11. NEW LAW A new section of l aw 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 therapy license s hall be renewed biennially. 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 required renewal fee;
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3. Submitting proof of completio n of all continuing education
requirements;
4. Disclosing any ple a of guilty, nolo contend ere or conviction
of a crime, or pending criminal charge, other than a minor traffic
violation in any jurisdict ion within the preceding licensure year;
and
5. Disclosing any administrative or legal act ion taken against
the licensee in any other jurisdiction governing massage therapy.
C. Any person who fails to ren ew the license within the
required time may make a pplication for renewal at any time within
five (5) years from the expiration date of the license by:
1. Paying the regular renewal license fee and a lat e fee of Ten
Dollars ($10.00) for each expired year, which becomes due sixty ( 60)
days after the expiration date; and
2. Submitting proof of completion of a ll continuing education
requirement cumulative for the years since the licensed expired.
D. Any person who fails to renew a license within five (5)
years of the expiration date shall apply for a new li cense and meet
all the requirements for initial licensure.
SECTION 12. AMENDATORY 59 O.S. 2021 , Section 4200.10, 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,
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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 requirements ,
general health and safety requirements , or occupational license fees
pertaining to health care pr ofessions.
SECTION 13. 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 Pract ice Act as follows:
1. Deny or refuse to renew a license;
2. Suspend or revoke a license;
3. Issue an administrative reprimand; or
4. Impose probationary conditions when the licensee or
applicant has engaged in unprofessional co nduct that has endangere d
or is likely to endanger th e health, welfare or safety of the
public.
B. The Board shall take disciplinary action upon a finding t hat
the licensee or person has committed an act of unprofessional
conduct or committed a violation of rule or law.
C. Disciplinary proceedings may be i nstituted 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
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Act. The Board shall conduct investigations in the same manner and
according to the sam e terms as provided for in the Oklahoma
Cosmetology and Barbering Act. Records and information obtained in
connection with an investigation of alleged violations shall be
confidential in the same manner as provide for in the Oklahoma
Cosmetology and Barbering Ac t and rules of the Board; provided, the
information obtained in the course of any investigation shall be
made available to the appropriate law enforcement or regulatory
agency.
D. The Board shall establ ish the guidelines for the disposition
of disciplinary cases. Guidelines may include, bu t shall not be
limited to, periods of probation, conditions of proba tion,
suspension, revocation or reissuance of a license.
E. A license holder who has been found culpable in violation of
the Massage Therapy Practice 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 not deprive
the Board of jurisdiction to proce ed with disciplinary action.
G. The Board may assess an administrat ive fine of not more than
Two Hundred and Fifty Dollars ($250.00) for each violation of the
Massage Therapy Practice Act or r ule of the Board, except as
provided in subsection H of this se ction. Each day a violation
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continues shall constitute a continued or flagrant violation of
these rules, such that the Board may refuse to renew the related
license or issue an initial license where the individual cited is
unlicensed, unless and until the citation is paid.
H. The Board shall have the authority to levy administrative
fines not to exceed Two Hundred Fifty Dollars ($250.00) for persons
practicing massage therapy without a license, and for owners of
massage therapy establishments who allow unlic ensed individuals to
practice massage therapy without a license in their establishment.
Each day a violation contin ues shall be a separate offense;
provided, the administrative fine for violat ions of this subsection
shall not exceed a total of Two Hundred Fifty Dollars ($250.00) per
month.
I. The Board may issue fie ld citations in enforcing the Massage
Therapy Practice Act. Field citations ma y require the performance
of an action and impose fines. Such citations shall provide notice
of a hearing as provi ded under this section; provided, a person who
receives a citation may waive the hearing and pay the fine. Payment
of the fine shall con stitute acknowledgement of the violation and
may be considered in any further discip linary action by the Board.
SECTION 14. AMENDATORY 59 O.S. 2021, Section 4200.13, is
amended to read as follows:
Section 4200.13. A. A person who does any of the following
shall be guilty of a misdemeanor upon conviction:
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1. Violates a provision of the Massage Therapy Pr actice Act or
rules adopted pursuant to the Massage Th erapy Practice Act;
2. Renders or attempts to render massage therapy services or
massage therapy instruction without the required current valid
massage therapy or mass age therapy establishment license or
temporary work permit issued by the State Board of Cosmetology and
Barbering;
3. Permits 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. Advertises or uses a designation, diploma or certificate
implying that the person offers massage t herapy instruction or is a
massage therapy school unless the person holds a current valid
license issued by the Oklahoma Board of Private Vocational Schools
or is a technology center school accredited by the Oklahoma Sta te
Board of Career and Technology Ed ucation; or
4. 5. Advertises or uses a designation, diploma, or certificate
implying that the person is a massage therapist unless the person
holds a current valid l icense issued by the State Board of
Cosmetology and Barbering.
B. 1. Therapists regulated by the Massage Therapy Practic e Act
shall be designated as "massage therapists" and entitled to utilize
the term "massage" when advertising or printing promotional
material.
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2. Any person who uses a professional title regulated by the
Massage Therapy Practice Act who is not authorized to use the
professional title sh all be subject to disciplinary action by the
Board.
3. Any person who knowingly aids and abets one o r more persons
not authorized to use a professional ti tle regulated by the Massage
Therapy Practice Act or knowingly emplo ys or contracts with a person
or persons not authorized to use a regulated professional title in
the course of the employment, shall a lso be subject to disciplinary
action by the Board. I t shall be a violation of the Massage Therapy
Practice Act for any p erson to advertise massage therap y services in
any combination with any escort or dating service.
SECTION 15. REPEALER 59 O.S. 2021, Section 4200.8, is
hereby repealed.
SECTION 16. This act shall become effe ctive November 1, 2023.
59-1-7808 LRB 02/28/23