§ 17-86-311 - Disciplinary actions and penalties. - Arkansas Statutes

17-86-311. Disciplinary actions and penalties.

(a) The Arkansas State Board of Massage Therapy may deny, suspend, or revoke a license upon any one (1) of the following grounds:

(1) Conviction of or finding of guilt or entry of a plea of guilty or nolo contendere to a felony, Class A misdemeanor, or prostitution;

(2) Malpractice or gross incompetency;

(3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities;

(4) Habitual drunkenness or habitual use of any illegal drugs;

(5) Serving or having a permit to serve alcoholic beverages at the clinic or school;

(6) Engaging in moral turpitude or immoral or unprofessional conduct;

(7) Failure to comply with any valid regulation or order of the board;

(8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy;

(9) Failure of any licensee to comply with the provisions of this chapter; or

(10) Failure to have licensed personnel to perform massage therapy techniques in his or her clinic or school.

(b) (1) The board shall establish by rule the penalty system to be imposed under this section.

(2) Whenever the board finds that the holder of a license, certificate of registration, or other permit issued by the board is guilty of a violation of the rules of the board or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the board, the board may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of license, certificate of registration, or other permit.

(3) (A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the board may require that the licensee or permit holder pay a penalty to the board.

(B) The license, certificate of registration, or permit shall be suspended until the penalty is paid.

(4) (A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate, or other permit only if the board formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results.

(B) The minimum penalty imposed by the board in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction.

(C) The authority of the board to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation.

(D) A person penalized by the board under this chapter may appeal any order of the board in the manner currently provided by law.

(E) In addition to any other sanctions authorized by this chapter, the board may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter.

(c) (1) The board shall revoke the license of a person who engages in the practice of massage of the anus or the genital area of another person.

(2) The board shall revoke the license of a person who engages in the practice of massage of the breasts unless the massage therapist:

(i) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and

(ii) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage.

(3) A revocation of a license under subdivisions (c)(1) and (2) of this section shall be for a period of three (3) years.

(d) (1) Charges may be brought by any person, or the board on its own motion may direct the Executive Director of the Arkansas State Board of Massage Therapy to prefer charges.

(2) Any accusation of any of the offenses enumerated in this section may be filed with the executive director. The accusations shall be in writing, signed by the accuser, and verified under oath.

(e) In denying, suspending, or revoking any license, the board shall afford any party review as provided for in the Arkansas Administrative Procedure Act, 25-15-201 et seq., and as otherwise provided by the rules and regulations of the board.