CHAPTER 43-25
MASSAGE THERAPISTS
43-25-01. Short title. Repealed by S.L. 1997, ch. 375, § 11.
43-25-02. Definitions.
1.
"Board" means the North Dakota board of massage.
2.
"Massage" means the scientific and systematic manipulation of the soft tissues of<br>the human body through any manual or mechanical means, using western and<br>eastern modalities, including superficial hot and cold applications, hydrotherapy,<br>reflexology, shiatsu, acupressure, and the use of salts or lubricants for the purpose<br>of promoting, maintaining, and restoring the health and well-being of the client. The<br>term includes assessment, effleurage (stroking or gliding), petrissage (kneading),<br>tapotement (percussion), compression, vibration, friction, and active or passive<br>range of motion and stretching either by hand, forearm, elbow, knee, foot, or with<br>mechanical appliances for the purpose of body massage. Except as provided in this<br>chapter, "massage" does not include diagnosis or other services that require a<br>license to practice medicine or surgery, osteopathic medicine, chiropractic,<br>occupational therapy, physical therapy, or podiatry and does not include service<br>provided by professionals who act under their state-issued professional license,<br>certification, or registration.
3.
"Massage establishment" means any place of business in which massage is<br>practiced.
4.
"Massage therapist" means an individual who practices massage.
5.
"Remote education" means asynchronous education that is not in person, live, or<br>presented in real time.
43-25-03. Massage therapists to be licensed. A person may not:
1.
Practice massage, attempt to practice massage, or teach massage techniques, for a<br>fee or gratuity or as a free demonstration, without a license issued under this<br>chapter;
2.
Operate or conduct a massage establishment unless it meets the requirements<br>adopted by the board;
3.
Employ an unlicensed person to perform a massage; or
4.
Use the title "massage therapist" or the abbreviations "L.M.T." or "M.T." or terms of<br>similar meaning without a license issued by the board.
43-25-04. Exemptions. The following persons are exempt from this chapter:
1.
Schools that furnish massage services to their student athletes.
2.
Any student of a school of massage who is practicing massage in the course of<br>fulfilling a required massage therapy practicum under the direct supervision of a<br>licensed massage therapist or in the course of participating in a school-supervised<br>student massage clinic under the direct supervision of a licensed massage therapist.<br>Students may practice homework unsupervised on other students, family, or friends,<br>but no fee or tip may be charged or accepted.
These massages may only be
performed at the school or at the residence of the student, family member, or friend.
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3.
Any individual who is engaged in a profession or occupation for which the individual<br>is licensed by this state, as long as the individual's activities are performed in the<br>course of the bona fide practice of the individual's profession or occupation and as<br>long as the individual does not represent to the public that the individual is a<br>massage therapist or is engaged in the practice of massage and does not perform<br>massage while working in a massage establishment.
4.
A health spa or similar business to the extent the spa or business is performing<br>superficial applications used for beautification or health of the skin, including salt<br>glows and contouring.
5.
Any individual instructor demonstrating massage techniques as a component of a<br>board-approved seminar.
43-25-05. Board of massage - Terms. The governor shall appoint a board of massage,
to consist of five members. Three of the members of the board must be massage therapists who<br>are licensed in this state. The members must be appointed for three years, staggered so that the<br>term of one member expires each year. Two additional members, who may not be massage<br>therapists or immediate family members of a massage therapist, must be appointed as<br>consumer members for two-year terms, staggered so that the term of one member expires each<br>year. Each member of the board holds office until that member's successor is appointed and<br>qualified.
Within one month after appointment of a new member, the board shall meet at some
convenient place within the state and shall annually elect a president, vice president, and<br>secretary-treasurer. The secretary-treasurer must be bonded in the sum of one thousand dollars<br>for the faithful discharge of the secretary-treasurer's duties.
43-25-05.1. Powers and duties of the board. The board has the following powers and
duties:
1.
The board may adopt and enforce rules as necessary to implement this chapter.
2.
The board may periodically inspect or cause to be inspected all massage<br>establishments. The board and its agents are authorized to enter and inspect any<br>massage establishment at any time during which the establishment is open for the<br>transaction of business.
3.
The secretary-treasurer may prepare and submit to the governor a biennial report<br>detailing income and expenses and a list of licensed massage therapists.
4.
The board may hire office personnel deemed necessary by it for carrying on its<br>official duties and shall set the compensation to be paid to the personnel.
43-25-06. Removal of members of board of massage - Officers of the board. The
governor may remove from office members of the board for neglect of duties as required by this<br>chapter or for malfeasance in office and incompetency, or for unprofessional conduct.
The
governor may fill any vacancy caused by removal of any member of the board, on the member's<br>resignation or death.
43-25-07. Requisites for licensure and examination - Subjects - Minimum passing
grade - Fee for reexamination.
1.
Any person who is eighteen years of age or more, a high school graduate or legal<br>equivalent, and of good moral character and temperate habits is entitled to apply to<br>the board.
An applicant may receive a license from the board as a massage
therapist if the applicant:
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a.
Presents a diploma or credentials issued by a school of massage that meets<br>the standards set by the board;
b.
Passes an examination conducted or approved by the board; and
c.
Pays the required fees, which must accompany the application to the board.
2.
Any applicant failing to obtain licensure within six months of the initial application is<br>entitled to reapply within six months after notification that the application was<br>rejected, upon payment of a fee of fifty dollars or a lesser amount established by the<br>board. Two applications exhaust the privilege under the original application.
3.
Conviction of an offense does not disqualify a person from licensure under this<br>chapter unless the board determines the offense has a direct bearing upon a<br>person's ability to serve the public as a massage therapist or the person is not<br>sufficiently rehabilitated under section 12.1-33-02.1.
43-25-08. Fee for license. The fee to receive a license as a massage therapist is one
hundred fifty dollars or a lesser amount established by the board.
43-25-09. License - Display - Renewal - Renewal fee.
1.
Each license must be conspicuously displayed at the place of practice.
2.
On or before January first of each year, each licensed massage therapist shall pay<br>to the secretary-treasurer of the board a renewal fee of one hundred dollars or a<br>lesser amount established by the board.
3.
Continuing education of at least thirty-two continuing education hours, or equivalent<br>college credits, submitted every two years is a further requirement for renewal of the<br>license. The board may accept continuing education attained by remote means. No<br>more than twelve hours of a licensee's renewal hours may be by remote means. To<br>qualify as continuing education, the remote education must be board-approved for<br>content and suitability.
a.
Odd-numbered licensed individuals report their continuing education in<br>odd-numbered years and even-numbered licensed individuals report their<br>continuing education in even-numbered years, based on the calendar year.
b.
This subdivision applies for the initial licensure period. Individuals licensed on<br>or before May thirty-first of their initial year, who would normally report hours of<br>continuing education, based on their license number being odd or even, would<br>need to report at least sixteen hours. Those not required to submit continuing<br>education that initial January first would report at least twenty-four hours by the<br>following January first. Individuals licensed after May thirty-first of their initial<br>year, who would normally report hours of continuing education, based on their<br>license number being odd or even would not be required to report that cycle,<br>but would report at least forty-eight hours for the next cycle. Those not required<br>to submit continuing education hours that initial January first would report at<br>least sixteen hours by the following January first. Thereafter, initial licensees<br>would follow the normal renewal reporting cycle.
c.
This subdivision applies to renewing licensees, for the implementation of the<br>continuing education reporting cycle.
On or before January 1, 2010,
even-numbered licensees would submit at least sixteen hours of continuing<br>education.
On or before January 1, 2011, odd-numbered licensees would
submit at least thirty-two hours of continuing education.
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4.
If the board reasonably believes a massage therapist or applicant is in a physical<br>condition jeopardizing the health of those who seek relief from the individual, the<br>board may require the individual to have a physical examination by a competent<br>medical examiner.
If the individual has had or has any communicable disease
sufficient to disqualify the applicant to practice massage in the state, the board shall<br>deny a license until the individual furnishes due proof of being physically and<br>mentally competent and sound.
5.
A holder of an expired license may within one year from the date of its expiration<br>have the license renewed upon payment of the required renewal fee. The board<br>may require production of a new certificate of physical examination and evidence of<br>any required continued educational hours being completed.
6.
All licenseholders must be designated as licensed massage therapists and may not<br>use any title or abbreviation without the designation "massage therapist".
43-25-10. Disciplinary actions - Complaints.
1.
The license of a massage therapist may be denied, revoked, suspended, or placed<br>on probation for any of the following grounds:
a.
The licensee is guilty of fraud in the practice of massage or fraud or deceit in<br>admission to the practice of massage.
b.
The licensee has been convicted of an offense determined by the board to<br>have a direct bearing upon a person's ability to serve the public as a massage<br>therapist, or, following conviction of any offense, the person is not sufficiently<br>rehabilitated under section 12.1-33-02.1. The conviction of an offense includes<br>conviction in any jurisdiction in the United States of any offense, which if<br>committed within this state would constitute an offense under this state's laws.
c.
The licensee is engaged in the practice of massage under a false or assumed<br>name, or is impersonating another practitioner of a like or different name.
d.
The licensee is addicted to the habitual use of intoxicating liquors, or other legal<br>or illegal drugs, to the extent the licensee is compromised or impaired from<br>performing the professional duties of a massage therapist or is under the<br>influence while assessing, treating, or seeing a client.
e.
The licensee is guilty of untrue, fraudulent, misleading, or deceptive advertising,<br>the licensee prescribes medicines, drugs, or the licensee infringes on any other<br>licensed profession.
f.
The licensee is guilty of willful negligence in the practice of massage, or is guilty<br>of employing, allowing, or permitting any unlicensed person to perform<br>massage in the licensee's establishment.
g.
The licensee has violated this chapter or any rule adopted by the board.
2.
A licensee who violates this chapter or any rule adopted by the board may be<br>assessed a civil penalty of up to one hundred dollars.
3.
A complaint may be submitted to the board by any person or on its own motion. A<br>complaint may be signed by the complainant.
The president may initiate an
investigation of the complaint and report to the board.
4.
Any hearing regarding a disciplinary action or a denial of a license must be held<br>pursuant to chapter 28-32.
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43-25-11. Provisions for hearing - Notice. Repealed by S.L. 2001, ch. 384, § 15.
43-25-12.
Power of board to revoke, suspend, or annul licenses.
Repealed by
S.L. 2001, ch. 384, § 15.
43-25-13.
Records to be kept by the secretary-treasurer of the board.
The
secretary-treasurer of the board shall keep a record of the names of all persons to whom licenses<br>have been granted under this chapter, the license number of each, the date of granting each<br>license and renewal, and other matters of record. Any official entry or a certificate of the absence<br>of information, certified under the hand of the secretary-treasurer and the seal of the board, must<br>be admitted as evidence in any of the courts of this state. The secretary-treasurer shall furnish to<br>any person a certified copy of any record upon payment of a fee of ten dollars plus twenty-five<br>cents per page copied.
43-25-14.
Compensation of board members - Clerks.
The board members shall
receive compensation in an amount to be established by rule not to exceed one hundred dollars<br>per day or prorated for partial days the member is actually engaged in the performance of official<br>duties and payment for mileage and travel expenses as provided in sections 44-08-04 and<br>54-06-09.
43-25-15.
Disposition of money received by the board.
Repealed by S.L. 1971,
ch. 510, § 15.
43-25-16. Other laws unaffected by this chapter. Repealed by S.L. 2001, ch. 384,
§ 15.
43-25-17. Practitioners at time chapter becomes effective. Repealed by S.L. 1961,
ch. 291, § 2.
43-25-18. Reciprocity. Any person who has been duly licensed in another state to
practice massage in a state that meets required educational hours and requirements in this state,<br>and who has been lawfully and continuously engaged in this practice for two years or more<br>immediately before filing of an application to practice in this state, and who submits to the board<br>a duly attested certificate from the examining board of the state in which registered, certifying to<br>the fact of registration and being a person of good moral character and of professional<br>attainments, may upon paying a fee of one hundred fifty dollars or a lesser fee set by the board<br>be granted a license to practice in this state without being required to take an examination.
43-25-19. Penalty for violation. Any person violating section 43-25-03 without being
exempt under section 43-25-04 is guilty of a class B misdemeanor. In addition to the criminal<br>penalties provided, the board may initiate a civil action in a court of competent jurisdiction as<br>necessary to enforce this chapter or any rule adopted under this chapter, including an injunction<br>to restrain a violation, without proof of actual damages sustained by any person.
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Document Outline
chapter 43-25 massage therapists
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