2012 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-25 Massage Therapists
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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Repealed by S.L. 1997, ch. 375, § 11.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 the
human body through any manual or mechanical means, using western and eastern
modalities, including superficial hot and cold applications, hydrotherapy, reflexology,
shiatsu, acupressure, and the use of salts or lubricants for the purpose of promoting,
maintaining, and restoring the health and well-being of the client. The term includes
assessment, effleurage (stroking or gliding), petrissage (kneading), tapotement
(percussion), compression, vibration, friction, and active or passive range of motion
and stretching either by hand, forearm, elbow, knee, foot, or with mechanical
appliances for the purpose of body massage. Except as provided in this chapter,
"massage" does not include diagnosis or other services that require a license to
practice medicine or surgery, osteopathic medicine, chiropractic, occupational therapy,
physical therapy, or podiatry and does not include service provided by professionals
who act under their state-issued professional license, certification, or registration.
3. "Massage establishment" means any place of business in which massage is practiced.
4. "Massage therapist" means an individual who practices massage.
5. "Remote education" means asynchronous education that is not in person, live, or
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
fee or gratuity or as a free demonstration, without a license issued under this chapter;
2. Operate or conduct a massage establishment unless it meets the requirements
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
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
fulfilling a required massage therapy practicum under the direct supervision of a
licensed massage therapist or in the course of participating in a school-supervised
student massage clinic under the direct supervision of a licensed massage therapist.
Students may practice homework unsupervised on other students, family, or friends,
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.
3. Any individual who is engaged in a profession or occupation for which the individual is
licensed by this state, as long as the individual's activities are performed in the course
of the bona fide practice of the individual's profession or occupation and as long as the
individual does not represent to the public that the individual is a massage therapist or
is engaged in the practice of massage and does not perform massage while working in
a massage establishment.
4. A health spa or similar business to the extent the spa or business is performing
superficial applications used for beautification or health of the skin, including salt glows
and contouring.
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5.
6.
Any individual instructor demonstrating massage techniques as a component of a
board-approved seminar.
Any individual practicing healing by manipulating the energy field or the flow of energy
of the human body by means other than the manipulation of the soft tissues of the
human body, provided that the individual's services are not designated or implied to be
massage or massage therapy. For purposes of this subsection, a light touch or tap is
not a manipulation of the soft tissues of the human body.
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 are licensed in this state. The members
must be appointed for three years, staggered so that the term of one member expires each
year. Two additional members, who may not be massage therapists or immediate family
members of a massage therapist, must be appointed as consumer members for two-year terms,
staggered so that the term of one member expires each year. Each member of the board holds
office until that member's successor is appointed and 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
secretary-treasurer. The secretary-treasurer must be bonded in the sum of one thousand dollars
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
establishments. The board and its agents are authorized to enter and inspect any
massage establishment at any time during which the establishment is open for the
transaction of business.
3. The secretary-treasurer may prepare and submit to the governor a biennial report
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 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 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 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
equivalent, and of good moral character and temperate habits is entitled to apply to the
board. An applicant may receive a license from the board as a massage therapist if the
applicant:
a. Presents a diploma or credentials issued by a school of massage that meets 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
entitled to reapply within six months after notification that the application was rejected,
upon payment of a fee of fifty dollars or a lesser amount established by the board. Two
applications exhaust the privilege under the original application.
3. Conviction of an offense does not disqualify a person from licensure under this chapter
unless the board determines the offense has a direct bearing upon a person's ability to
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serve the public as a massage therapist or the person is not 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 to
the secretary-treasurer of the board a renewal fee of one hundred dollars or a lesser
amount established by the board.
3. Continuing education of at least thirty-two continuing education hours, or equivalent
college credits, submitted every two years is a further requirement for renewal of the
license. The board may accept continuing education attained by remote means. No
more than twelve hours of a licensee's renewal hours may be by remote means. To
qualify as continuing education, the remote education must be board-approved for
content and suitability.
a. Odd-numbered licensed individuals report their continuing education in
odd-numbered years and even-numbered licensed individuals report their
continuing education in even-numbered years, based on the calendar year.
b. This subdivision applies for the initial licensure period. Individuals licensed on or
before May thirty-first of their initial year, who would normally report hours of
continuing education, based on their license number being odd or even, would
need to report at least sixteen hours. Those not required to submit continuing
education that initial January first would report at least twenty-four hours by the
following January first. Individuals licensed after May thirty-first of their initial year,
who would normally report hours of continuing education, based on their license
number being odd or even would not be required to report that cycle, but would
report at least forty-eight hours for the next cycle. Those not required to submit
continuing education hours that initial January first would report at least sixteen
hours by the following January first. Thereafter, initial licensees would follow the
normal renewal reporting cycle.
c. This subdivision applies to renewing licensees, for the implementation of the
continuing education reporting cycle. On or before January 1, 2010,
even-numbered licensees would submit at least sixteen hours of continuing
education. On or before January 1, 2011, odd-numbered licensees would submit
at least thirty-two hours of continuing education.
4. If the board reasonably believes a massage therapist or applicant is in a physical
condition jeopardizing the health of those who seek relief from the individual, the board
may require the individual to have a physical examination by a competent 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 deny a license
until the individual furnishes due proof of being physically and mentally competent and
sound.
5. A holder of an expired license may within one year from the date of its expiration have
the license renewed upon payment of the required renewal fee. The board may require
production of a new certificate of physical examination and evidence of any required
continued educational hours being completed.
6. All licenseholders must be designated as licensed massage therapists and may not
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 on
probation for any of the following grounds:
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a.
2.
3.
4.
The licensee is guilty of fraud in the practice of massage or fraud or deceit in
admission to the practice of massage.
b. The licensee has been convicted of an offense determined by the board to have a
direct bearing upon a person's ability to serve the public as a massage therapist,
or, following conviction of any offense, the person is not sufficiently rehabilitated
under section 12.1-33-02.1. The conviction of an offense includes conviction in
any jurisdiction in the United States of any offense, which if 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
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
or illegal drugs, to the extent the licensee is compromised or impaired from
performing the professional duties of a massage therapist or is under the
influence while assessing, treating, or seeing a client.
e. The licensee is guilty of untrue, fraudulent, misleading, or deceptive advertising,
the licensee prescribes medicines, drugs, or the licensee infringes on any other
licensed profession.
f. The licensee is guilty of willful negligence in the practice of massage, or is guilty
of employing, allowing, or permitting any unlicensed person to perform massage
in the licensee's establishment.
g. The licensee has violated this chapter or any rule adopted by the board.
A licensee who violates this chapter or any rule adopted by the board may be
assessed a civil penalty of up to one hundred dollars.
A complaint may be submitted to the board by any person or on its own motion. A
complaint may be signed by the complainant. The president may initiate an
investigation of the complaint and report to the board.
Any hearing regarding a disciplinary action or a denial of a license must be held
pursuant to chapter 28-32.
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 have been granted under this chapter, the license number of each, the date of
granting each license and renewal, and other matters of record. Any official entry or a certificate
of the absence of information, certified under the hand of the secretary-treasurer and the seal of
the board, must be admitted as evidence in any of the courts of this state. The
secretary-treasurer shall furnish to any person a certified copy of any record upon payment of a
fee of ten dollars plus twenty-five 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 per day or prorated for partial days the member is actually
engaged in the performance of official duties and payment for mileage and travel expenses as
provided in sections 44-08-04 and 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.
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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, and who has been lawfully and
continuously engaged in this practice for two years or more immediately before filing of an
application to practice in this state, and who submits to the board a duly attested certificate from
the examining board of the state in which registered, certifying to the fact of registration and
being a person of good moral character and of professional attainments, may upon paying a fee
of one hundred fifty dollars or a lesser fee set by the board 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 penalties provided, the board may initiate a
civil action in a court of competent jurisdiction as necessary to enforce this chapter or any rule
adopted under this chapter, including an injunction to restrain a violation, without proof of actual
damages sustained by any person.
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