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§ 23-20.8-3 - Practice of massage – Use of titles limited – Qualifications for licenses – Fees.

SECTION 23-20.8-3

   § 23-20.8-3  Practice of massage – Useof titles limited – Qualifications for licenses – Fees. – (a) Only a person licensed under this chapter shall practice massage.

   (b) Only a person licensed under this chapter as a massagetherapist may use the title "massage therapist." Only a person licensed underthis chapter may use the title "masseur" or "masseuse."

   (c) No person, firm, partnership, or corporation shalldescribe its services under the title "massage" or "massage therapy" unlessthese services, as defined in § 23-20.8-1, are performed by a personlicensed to practice massage under this chapter, and, if described as "massagetherapy," by a massage therapist.

   (d) Application for licenses as a masseur or masseuse, or asa massage therapist, shall be issued by the department of health. Except forpersons licensed as massage therapists, the department shall establish minimumeducational and training requirements for the persons to be licensed under thischapter and shall have the authority to take disciplinary action against alicensee for knowingly placing the health of a client at serious risk withoutmaintaining the proper precautions.

   (e) The fee for original application for licensure as amassage therapist shall be fifty dollars ($50.00).The fee for annual licenserenewal shall be fifty dollars ($50.00). Fees for all other licenses under thischapter shall be fixed in an amount necessary to cover the cost ofadministering this chapter.

   (f) Any person applying for a license under this chaptershall undergo a criminal background check. Such persons shall apply to thebureau of criminal identification of the state police or local policedepartment for a nationwide criminal records check. Fingerprinting shall berequired. Upon the discovery of any disqualifying information as defined in§ 23-20.8-5, the bureau of criminal identification of the state police orthe local police department shall inform the applicant, in writing, of thenature of the disqualifying information. The applicant shall be responsible forpayment of the costs of the criminal records check.

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