Know the Law

(1) “Advertise” or “advertising” means to publish, display, or disseminate promotional information and includes but is not limited to the issuance of any card, sign, or direct mail, or in any newspaper, magazine, publication, or any announcement or display via any televised, computerized, electronic, or telephone networks, magnetic signs, or media. “Advertise” shall not include the following:

(a) Telephone directory information including white pages, yellow pages, and any internet publication made by the phone directory company in which one is listed.

(b) Building signs identifying the location, unless the building sign contains promotional material.

(2) ” Applicant” means an individual who applies to the board to request the initial issuance or reinstatement of any form of licensure the board is authorized to issue according to this Chapter.

(3) “Asynchronous distance learning” means the instructor and the students in the course all engage with the course content at different times and from different locations

(4) “Board” means the Louisiana Board of Massage Therapy.

(5) “Bureau” means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.

(6) “Criminal history record information” means all state records of arrest, prosecution, conviction, and national records that shall include fingerprints of the applicant, biometrics, and other identifying information, if so requested.

(7) “Department” means the Louisiana Department of Health.

(8) “FBI” means the Federal Bureau of Investigation of the United States Department of Justice.

(9) “Inactive status” means the status in which a licensed massage therapist has, pursuant to the provisions of this Chapter, notified the board of intent to voluntarily cease activity as a massage therapist for a period of time not to exceed five years.

(10) “In-person, in-class, instructor-supervised” means students physically attend class or clinical session at the approved school location with their instructor and other classmates.

(11) “Lapsed license” means a board-issued license which has not been renewed for a period of more than two years and the holder of the license has not taken inactive status.

(12) “Licensee” means any person or business that has a professional or establishment license issued by the board.

(13) “Licensure” means any form of licensure the board is authorized to issue in accordance with this Chapter.

(14) “Massage establishment” means any place of business that offers the practice of massage therapy and where the practice of massage therapy is conducted on the premises of the business. A place of business includes any office, clinic, facility, or other location where a person or persons engage in the practice of massage therapy. The residence of a therapist or an out call location which is not owned, rented, or leased by a massage therapist or massage establishment shall not be considered a massage establishment, unless the location is advertised as the therapist’s or establishment’s place of business. The term “massage establishment” shall not include physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists, or institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams.

(15) “Massage therapist” means a person who engages in the practice of massage therapy for compensation.

(16) “Person” means an individual, corporation, association, or other legal entity.

(17) “Practice of massage therapy” means the manipulation of soft tissue for the purpose of maintaining good health and establishing and maintaining good physical condition. The practice of massage therapy shall include advertising or offering to engage in the practice of massage therapy and holding oneself out or designating oneself to the public as a massage therapist or massage establishment. The practice of massage therapy shall include effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction (active/passive range of motion), stretching activities as they pertain to massage therapy, Shiatsu, acupressure, reflexology, trigger point massage, and Swedish massage either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage. Massage therapy may include the use of lubricants such as salts, powders, liquids, creams with the exception of prescriptive or medicinal creams, heat lamps, hot and cold stones, whirlpool, hot and cold packs, salt glow, body wraps, steam cabinet baths, and, with appropriate training, the use of nonprescriptive, off-the-shelf commercially available electromechanical devices for which they are trained which mimic or enhance the actions possible by the hands. It shall not include ultrasound, laser therapy, LED therapy, microwave, colonic therapy, injection therapy, manipulation of the joints, the use of electrical muscle stimulation, or transcutaneous electrical nerve stimulation except microcurrent. Equivalent terms for massage therapy are massage, therapeutic massage, massage technology, body work, or any derivation of those terms. As used in this Chapter, the terms “therapy” and “therapeutic” shall not include diagnosis, the treatment of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law.

(18) “Professional Massage Therapy Association” means a statewide organization or statewide chapter of an organization which meets all of the following criteria:

(a) Either directly, or through the parent organization, qualifies as a tax exempt nonprofit organization under 26 U.S.C. 501(c) (6).

(b) Within Louisiana, offers a voting membership to licensed massage therapists who practice or reside in Louisiana and who maintain their voting membership in good standing.

(c) Within Louisiana, is administered by a governing body composed of officers democratically elected by the organization’s voting membership within Louisiana.

(19) “Real-time synchronous distance learning” means students attend class session virtually at the same time as the instructor and other classmates.

(20) “Writing” means a written communication transmitted either by United States mail or by electronic means such as email.

EA. This Chapter shall apply to any person or massage establishment engaging in the practice of massage therapy within the state of Louisiana.

B. (1) This Chapter shall not apply to any services performed in hospitals licensed by the state

(2) This Chapter shall also not apply to any of the following:

(a) Persons who are licensed, registered, or certified in another state, territory, the District of Columbia, or a foreign country when incidentally present in the state to teach a course of instruction related to massage and bodywork therapy as a continuing education course.

(b) Persons giving massage and bodywork to their immediate family without compensation.

(c) Persons incidentally present in the state to provide services as part of an emergency response team working in conjunction with relief officials during a disaster, provided such persons are properly licensed in the state from which they originate.

C. Nothing in this Chapter shall be construed as preventing or restricting the practice of any person licensed or certified in this state under any other law from engaging in the profession or occupation for which he is licensed or certified. However, a person licensed or certified in this state under any other law shall not hold himself out to the public as a licensed massage therapist under the provisions of this Chapter.

D. Nothing in this Title shall prohibit the board from adopting rules that are related to preventing fraud, abuse, human trafficking, or other criminal activity.

3554. Louisiana Board of Massage Therapy; creation, membership, qualifications, terms, vacancies, officers, meetings, reimbursement, liability

A. (1) The Louisiana Board of Massage Therapy is hereby created within the Louisiana Department of Health subject to the provisions of R.S. 36:803. It shall be composed of seven members appointed by the governor, subject to Senate confirmation. Five of the members shall be appointed from a list of nominees submitted to the governor by professional massage therapy and bodywork associations. From the list of association nominees, three of the persons appointed shall be licensed massage therapists. Two consumer members shall be appointed from the list of nominees, both of whom shall be consumers who have never been nor are currently a licensed massage therapist in the state. The consumer members may also apply directly to the office of the governor. Two additional licensed massage therapists shall be appointed to the board from a general list of names which are submitted for consideration by other interested sources or individuals.

(2) The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity.

(3)(a) All massage therapists appointed to the board by the governor shall be licensed and in good standing under this Chapter. The massage therapist appointees shall have practiced massage therapy for at least three years.

(b)(i) The consumer members shall be selected from the state at large. The consumer members of the board shall possess all of the following qualifications:

(aa) Are citizens of the United States and have been residents of Louisiana for at least one year immediately prior to appointment.

(bb) Have attained the age of majority.

(cc) Have never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall either member have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).

(dd) Have never been convicted of a felony.

(ee) Do not have and have never had a material financial interest in the healthcare profession.

(ii) The consumer members shall be full voting members of the board with all rights and privileges conferred on board members, except that the consumer members shall not participate in the grading of individual examinations.

B. All members of the board shall serve two-year term. No member shall serve more than three consecutive terms.

C. A vacancy on the board occurring prior to expiration of a term shall be filled in the manner of the original appointment for the remainder of the term

D. The board shall meet at least twice each year. Additional board meetings may be held at the call of the chairman or upon the written request of any three members of the board.

E. Each year, the board shall elect a chairman, vice chairman, secretary, and treasurer from its membership and shall maintain records of the attendance of its members at board meetings.

F. Each member of the board shall serve with compensation, not to exceed fifty dollars per day consisting of at least three hours of board business, including travel time. Board members shall be reimbursed for travel and related expenses incurred, not to exceed those  expenses authorized for reimbursement by the Louisiana Department of Health, for each day that the member engages in board business.

G. No member of the board shall be liable to civil action for any act performed in good faith in the execution of his duties as a board member.

3555. Powers and duties of the board

A. The board shall:

(1) Regulate the practice of massage and bodywork in Louisiana by licensing massage therapists who meet the state’s minimum standards of education. Among its functions, the board promulgates rules and regulations, issues and renews professional and establishment licenses, collects and assesses fees pursuant to R.S. 37:3562, inspects, investigates, and disciplines licensees, including both individuals and establishments, who violate the law, and imposes fines and penalties.

(2) Perform inspections and investigate persons who may be engaging in practices which violate provisions of this Chapter and impose fines and penalties.

(3) Maintain a complete record going back for a period of at least five years of all licensed massage therapists and annually prepare a roster of the names and addresses of all such licensees. A copy of this roster shall be made available to any person requesting it, upon payment of a fee set by the board in an amount sufficient to cover the costs of its publication and distribution.

(4) Adopt and revise rules and regulations pursuant to the Administrative Procedure Act for the purpose of administering the provisions of this Chapter. The board shall initiate promulgation of such rules and regulations within one hundred twenty days following any new changes to provisions of this Chapter.

(5) Issue declaratory rulings interpreting the scope of practice of massage therapy, as that term is further defined in R.S. 37:3552(10).

(6) Prioritize inspections and incorporate risk factors for complaints made to the board regarding any unlicensed activity by massage therapists or massage establishments.

(7) Utilize all legally available news outlets as resources to identify unauthorized activity of a massage therapist or establishment.

(8) Evaluate the performance of inspection contractors who inspect massage establishments.

(9) Include in the inspection protocol a list of observations for inspectors to determine whether there is a strong possibility that an establishment is operating as a sexually oriented business and forward to law enforcement, if appropriate.

(10) Develop a process to identify any unlicensed activity of a person who is not licensed by the board.

(11) Develop a process to review all complaints made to the board, except any complaint alleging illicit activity at a massage establishment shall result in an unannounced, in-person inspection by the board within ten days of the board receiving the complaint

(12) Develop a process to monitor massage establishments who have been notified of violations in accordance with R.S. 37:3563.

(13) Develop guidance to follow a consistent and objective approach to properly protect the public from massage therapists who are disciplined in accordance with R.S. 37:3563.

(14)(a) Be entitled to the criminal history record and identification files of the bureau of any person who is licensed or applying for a massage establishment license with the board, and of any person who is licensed or is applying to be licensed with the board in order to determine an applicant’s suitability for licensure. Fingerprints and other identifying information of the applicant shall be submitted to the bureau for qualification and registry, and the bureau shall, upon request of the board and after receipt of the fingerprint card and other identifying information from the applicant, make available to the board all arrest and conviction information contained in the bureau’s criminal history record and identification files that pertain to the applicant for licensure. In addition, the fingerprints shall be forwarded by the bureau to the FBI for a national criminal history record check.

(b) The costs of providing the information required pursuant to this Section shall be charged by the Louisiana Bureau of Criminal Identification and Information, as specified in R.S. 15:587(B), to the board for furnishing the information contained in the Louisiana Bureau of Criminal Identification and Information’s criminal history record and identification files, including any additional costs of providing the national criminal history records checks, which pertain to the applicant for licensure.

B. The board may:

(1) Accept or deny entrance of any applicant applying for licensure.

(2) Establish continuing education requirements for license renewal.

3556. Licensure; qualifications

A. No person shall engage in the practice of massage therapy without a current license issued pursuant to this Chapter unless such person is exempt under the provisions of this Chapter. To receive a massage therapist license in this state, an applicant shall pay the application fee pursuant to R.S. 37:3562 and shall submit evidence satisfactory to the board of meeting the following requirements:

(1)(a) Has satisfactorily completed any of the following:

(i) A course meeting the requirements of law in effect at the time of enrollment.

(ii) A minimum six hundred twenty-five hour instructor-supervised course of studies pursuant to rules adopted by the board in accordance with the Administrative Procedure Act, R.S. 49:950 et seq. The course of study shall consist of and be taught in person, in class, and supervised by an instructor unless otherwise provided in this Item:

(aa) A minimum of four hundred hours dedicated to the study of massage therapy techniques and clinical practicum-related modalities.

(bb) A maximum of one hundred seventy-five hours dedicated to anatomy and physiology that may be taught in real-time synchronous or asynchronous distance learning.

(cc) A minimum of ten hours dedicated to Louisiana law, rules, and ethics that may be taught in real-time synchronous distance learning.

(dd) Any remaining hours required may include but not be limited to marketing, first aid, and subjects related to providing massage therapy.

(iii) Schools have until December 31, 2026, to comply with the requirements outlined in

Item (a) (ii) of this Paragraph.

(iv) An individual satisfies the requirement of Subparagraph (a) of this Paragraph if the individual has done all of the following:

(aa) Enrolled and is participating in a massage training program at an approved school prior to December 31, 2026.

(bb) Applies for a Louisiana massage therapy license upon completion or graduation from the program

(b) A course of study may utilize a credit hours equivalent as defined by the United States Department of Education in lieu of clock hours to measure student achievement. A course of study using credit hours shall provide coursework consistent with the provisions of this Section.

(c) The school shall designate each course taught pursuant to R.S.37:3552(9) and (18).

(2) Has passed a national examination approved by the board pursuant to R.S. 37:3557.

(3) Is a citizen or legal resident of the United States and has the ability to read, write, speak, and understand English fluently.

(4) Has not, within the five years preceding the date of the application, been convicted of a nonviolent felony.

(5) Has never been convicted of or pled nolo contendere to a violent felony or a criminal offense involving sexual misconduct.

(6) Has submitted to and cleared a background check as set forth in R.S. 37:3555(A) (14).

B. The requirements set forth in Paragraphs (A) (1) and (2) of this Section shall not apply to any of the following:

(1) Persons who have continuously held a license to engage in the practice of massage therapy issued by the board since March 1, 1998.

(2) Persons who hold a valid, current, and unexpired license or registration to engage in the practice of massage therapy in another state, territory, commonwealth, or the District of Columbia that has and maintains standards and requirements of practice and licensure or registration that substantially conform to the requirements in force in this state, as determined by the board. The board shall verify the validity of the documents submitted with that state’s licensing or registration agency and obtain any transcript information directly from the school identified by the applicant.

(3) Persons who are active or retired military personnel and spouses who relocate to this state who possess a license from another state with substantially equivalent licensing requirements pursuant to the provisions of this Chapter.

C. After review of the evidence submitted, the board shall notify each applicant whether the application and such evidence is accepted or rejected. If an application is rejected, such notice shall state the reasons for the rejection.

D. The board shall issue and deliver, by United States Postal Service or any other delivery option, a license to each person who meets the qualifications provided for in this Section upon payment of the professional license fee provided pursuant to R.S. 37:3562. The license shall include a recent two inch by two inch size photo of the licensee, which shall be attached by the licensee upon receipt of the license.

E. Each license granted shall have a validity period of one calendar year and shall have an expiration date as determined by administrative rules promulgated by the board.

NOTE: Subsection F ceases to be effective on Dec. 31, 2025. See Acts 2022, No. 41.

F. The board shall make available to any graduate of a state-approved, Louisiana-based school for massage therapy a provisional license for immediate use upon graduation at an established massage therapy business registered with the boa The provisional license shall be active for one three-month term and shall not be renewed. Any facility that employs a massage therapist who is operating under a provisional license shall notify a client of the licensure status of a provisionally licensed massage therapist prior to the client receiving any services from that massage therapist. A provisionally licensed massage therapist may only work at a facility that employs a massage therapist licensed pursuant to Subsection A of this Section.

3556.1. Course of study; hours

A. Pursuant to the licensure requirements provided in R.S. 37:3556, a course of study may utilize a credit hours equivalent as defined by the United States Department of Education in lieu of clock hours to measure student achievement. A course of study using credit hours shall provide course work consistent with the rules promulgated by the board including at least five hundred hours of in-class supervised instruction.

B. The provisions of this Section shall terminate on January 1, 2013.

3557. Examination

A. Examination of applicants to be massage therapists shall be conducted at such times and places and under such supervision as the board determines by rule.

B. The board shall determine by rule the scope, form, and content of the examination

A. Massage establishments shall be required to be licensed as follows:

(1) Each person engaging in the practice of massage therapy at a massage establishment shall be the holder of a Licensed Massage Therapist Identification Card (LMT-ID Card), which shall identify the therapist as being properly licensed and shall authorize the therapist to provide off-site massage services.

(2) All locations where one or more persons are regularly engaged in the practice of massage therapy shall register with the board as a massage establishment. Additionally, all locations where more than one person is regularly engaged in the practice of massage therapy shall pay the establishment license fee.

(3) Obtaining a massage establishment license shall be the responsibility of the entity which controls the physical location where the services are provided, which entity may be a sole proprietor, lessee, owner, partnership, corporation, cooperative, association, or other legal entity.

B. A massage establishment shall employ or contract only licensed massage therapists to perform massage therapy.

C. For purposes of this Chapter, “sexually oriented business” means a sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

D. A sexually oriented business shall be ineligible for registration as a massage establishment and shall not operate as a massage establishment.

E. A massage establishment shall not be used as a principal or temporary domicile, shelter, or harbor, or as sleeping or napping quarters for any person unless the establishment is zoned for residential use under a local ordinance.

A. The Licensed Massage Therapist Identification, or LMT-ID, Card of each licensed massage therapist who works at a massage establishment shall be displayed in plain view in an appropriate public manner. If practicing massage therapy outside of a licensed massage establishment, a massage therapist shall have possession of the LMT-ID Card and shall present it for review upon request the LMT-ID Card issued by the board.

B. Name or location changes to any license shall be submitted to the board within thirty days of the change with appropriate fee

C. The license is nontransferable and shall be for the sole use and benefit of the licensee or location issued.

D. All licenses are the property of the board and shall be surrendered upon demand of the board.

3561. License renewal requirements

A. (1) Each license shall be renewed annually, on or before its expiration date by submitting a renewal application form, and payment of the renewal fee specified in R.S. 37:3562. Each licensed massage therapist shall also provide evidence of the completion of continuing education requirements, as established by rule of the board.

(2)(a) Beginning with the renewal cycle of April 1, 2022, any excess continuing education credits may be applied to the following year only after a licensee has satisfied the license renewal requirements.

(b)(i) The board shall require any renewing applicant licensed prior to April 1, 2022, who has not previously submitted to a state and federal background check as described in R.S.  37:3555(A) (14) with the board, to submit to such background check prior to the license being renewed.

(iii) In order to renew, an applicant shall not have pled guilty to or been convicted of any sex-related crime, crime of violence, or crime related to the practice of massage therapy.

B. Any license not renewed on or before its expiration date shall expire and all rights and privileges under the license shall cease.

C. A person whose license has expired and who has ceased activities as a massage therapist for less than twenty-four consecutive months may have his license reinstated upon payment of the renewal fee and the late fee specified in R.S. 37:3562, upon submission of a renewal application form and providing evidence satisfactory to the board that he has fulfilled continuing education requirements and passed the examination provided for in R.S. 37:3557.

D. A licensee who chooses to adopt inactive status and cease activities as a massage therapist may submit an affidavit, along with the specified fee in R.S. 37:3562 to apply for inactive status as required by rule of the board. If the licensee does not request to be placed on inactive status, his license shall expire if not timely renewed.

E. If a licensee does not apply for inactive status and does not renew his license for a period of more than twenty-four consecutive months, the license shall be considered to have lapsed. The licensee shall submit a new application which complies with all of the current requirements of this Chapter and the rules of the board as appropriate, including twenty-four hours of continuing education, and shall pay the licensure application fee, the original professional license fee, and any other fees applicable to a new application.

A. The board shall assess and collect fees as provided in this Section, including the following fees:

(1)	Application fee	$ 75.00
(2)	Original massage therapist license fee	$125.00
(3)	Annual license renewal fee	$125.00
(4)	Annual license renewal (late fee)	$100.00
(5)	Original certificate of registration as a massage establishment fee	$100.00
(6)	Annual certificate of registration as a massage Establishment Renewal Fee	$100.00
(7)	Annual certificate of registration renewal, late fee	$100.00
(8)	Repealed by Acts 2021, No. 324, §3, eff. June 14, 2021.
(9)	Directory fee	$ 50.00
(10)	Duplicate license	$ 25.00
(11)	Returned check fee	$ 25.00
(12)	Copy fee, per page, plus postage and handling	$ .25
(13)	Copies of statutes, rules, and regulations	$ 15.00
(14)	Continuing education provider biennial fee	$100.00
(15)	Continuing education program approval fee	$ 50.00
B. Repealed by Acts 2021, No. 324, §3, eff. June 14, 2021.

C. The fees established in this Section shall not be refundable except under such conditions as the board may establish.

D. All monies received by the board under this Chapter shall be paid into the treasury of the Louisiana Board of Massage Therapy and may be deposited into an account maintained by the board without appropriation for costs of administration and other expenses, and any surplus at the end of a fiscal year or a biennium may be retained by the board for future expenditures and the board is not required to pay such surplus into the general fund of the state of Louisiana.

E. All funds received and expended by the board shall be audited annually in accordance with R.S. 24:513. The annual audit shall be submitted annually to the Joint Legislative Committee on the Budget.

A. The board may suspend, revoke, or refuse to issue or renew a license after notice and opportunity for hearing pursuant to the Administrative Procedure Act, upon proof of any of the following:

(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts, including making false statements on an application or other document required by the board.

(2) Selling, bartering, or offering to sell or barter a license.

(3) Engaging in unprofessional conduct that has endangered or that is likely to endanger the health, welfare, or safety of the public, as further defined by rules of the board.

(4) Conviction of a felony, unless such conviction was reversed on appeal.

(5) Conviction of any crime arising out of or connected with the practice of massage therapy, unless such conviction was reversed on appeal.

(6) Violating or aiding and abetting in the violation of any provisions of this Chapter or the rules and regulations promulgated hereunder.

(7) Failing to comply with license or renewal requirements.

B. Any person who has been convicted of, entered a plea of nolo contendere to, or received deferred adjudication in connection with any criminal offense involving sexual misconduct shall be ineligible for licensure as a massage therapist.

C. The board shall revoke the license of any person who is convicted of, enters a plea of nolo contendere to, or receives deferred adjudication in connection with any criminal offense involving sexual misconduct or prostitution.

D. Any person who has been convicted of, entered a plea of nolo contendere to, or received deferred adjudication in connection with any criminal offense involving sexual misconduct or prostitution shall be ineligible for licensure as an owner or operator of a massage establishment. The board shall revoke the license of any person if the board determines that the establishment is a sexually oriented business, as defined in R.S. 37:3558(C), or that a crime or offense involving prostitution or other sexual offenses and resulting in a conviction, to which a plea of nolo contendere was entered or deferred adjudication was received, has occurred on the premises of the establishment since the date of the most recent license renewal.

E. The board shall perform a review of any massage therapist that has been disciplined in accordance with this Section within one calendar year of the infraction or reinstatement of license. The board shall immediately suspend a license pending a disciplinary hearing for any review of a massage therapist that reveals any violations of this Section.

F. The board shall perform an inspection of any massage establishment that has been disciplined in accordance with this Section within one calendar year of the infraction or reinstatement of license. The board shall immediately suspend a license or registration of such an establishment upon the establishment’s failure of a follow-up inspection indicating continued or new violations of this Section, pending a disciplinary hearing.

G. The board shall impose a fine or penalty on massage establishments that continue to operate without a license. The board shall promulgate in rule the amount of the fine or penalty to be incurred.

A. A person or an entity that does not hold a license as a massage therapist, physical therapist, or chiropractor, a certificate to practice athletic training, or a license as a massage establishment shall not use the words “massage”, “body work”, or any derivative or variation of the word “massage”, including specific bodywork or massage modalities, on any sign or other form of advertising. Any advertisement by a massage therapist or a massage establishment including but not limited to building signs, a website, and other promotional materials shall contain the name and number of the licensed therapist or establishment on file with the board

B. No sexually oriented business, as defined in R.S. 37:3558(C), shall use the word “massage”, “body work”, or any derivative or variation of the word “massage”, including specific bodywork or massage modalities, on any sign or other form of advertising

C. In all pictorial representations for any advertisement representing massage therapy, including such representations through video, all persons representing massage therapists shall be attired and posed in a manner as to avoid appealing to the prurient interest. Persons representing clients shall be appropriately draped and posed. No licensed therapist or establishment shall advertise in any publication or any website marketing services appealing to the prurient interest

3565. Penalties

A. Violation of the provisions of this Chapter shall be considered a misdemeanor and any person, including the owner or operator of a massage establishment, upon conviction, shall be fined not less than one hundred nor more than one thousand dollars or imprisoned for not more than six months, or both.

B. A person convicted of a violation of the provisions of this Chapter shall additionally be ineligible for licensure as a massage therapist or as a massage establishment for a period of up to five years from the date of conviction

C. (1) A massage establishment shall have its license automatically revoked by the board if any owner, manager, or supervisor violates the provisions of this Chapter when the violation occurs either in or in connection with the operation of the massage establishment.

(2) After a revocation of a massage establishment license pursuant to this Subsection, no occupational license, permit, or massage establishment license shall be issued by a local governing authority or the board for the operation of a massage establishment at that same premises or address of the revoked license.

3566. Injunction

A. In addition to the actions and penalties otherwise provided for by this Chapter, the board may cause to issue in any court of competent jurisdiction an injunction without bond enjoining any person from violating or continuing to violate the provisions of this Chapter.

B. In the suit for an injunction, the court may impose a penalty of fifty dollars per day for each violation, together with reasonable attorney fees and the costs of c

C. An award of penalties, attorney fees, and court costs may be rendered in the same judgment in which the injunction is made absolute. If the board is unsuccessful in obtaining injunctive relief, the court may award attorney fees and costs to the prevailing party.

3567. Effect on local regulations

A. Except as otherwise provided by Subsection B of this Section, the provisions of this Chapter shall supersede any regulation adopted by a political subdivision of the state relating to the licensing or regulation of massage therapists or massage establishments.

B. This Chapter shall not affect:

(1) Local regulations relating to zoning requirements or occupational license taxes pertaining to massage therapists or massage establishments.

(2) Any local regulations that do not relate to the practice of massage therapy as performed by a licensed massage therapist, including those professions specified in R.S. 37:3553, while performing duties pursuant to their professions while working with a licensed massage therapist.

C. Nothing in this Section shall prevent local or state law enforcement representatives or municipal or city officials from assisting in the enforcement of this Chapter. However, such representatives and officials are prohibited from imposing any additional rules or ordinances regarding zoning, educational requirements, or fees for licensure.

3567. Effect on local regulations

A. Except as otherwise provided by Subsection B of this Section, the provisions of this Chapter shall supersede any regulation adopted by a political subdivision of the state relating to the licensing or regulation of massage therapists or massage establishments.

B. This Chapter shall not affect:

(1) Local regulations relating to zoning requirements or occupational license taxes pertaining to massage therapists or massage establishments.

(2) Any local regulations that do not relate to the practice of massage therapy as performed by a licensed massage therapist, including those professions specified in R.S. 37:3553, while performing duties pursuant to their professions while working with a licensed massage therapist.

C. Nothing in this Section shall prevent local or state law enforcement representatives or municipal or city officials from assisting in the enforcement of this Chapter. However, such representatives and officials are prohibited from imposing any additional rules or ordinances regarding zoning, educational requirements, or fees for licensure.

3568. Human trafficking training

A. The board shall provide training opportunities for its board members, staff, and contract inspectors to help identify signs of human trafficking. The training opportunities required pursuant to this Subsection shall commence no later than ninety days following the effective date of this Section and continue on at least an annual basis thereafter. Failure to participate in the training shall be grounds for removal of any board member, disciplinary action up to termination of employment for any staff person, or the termination of the contract of an inspector.

B. The board shall coordinate with law enforcement agencies and other stakeholders to help identify and address any illicit activity related to human trafficking in the massage industry.

A. The board shall submit an annual report to the legislature no later than March first of each year which shall include the following information:

(1) The total number of complaints received during the preceding calendar year.

(2) A summary of each complaint received, including the nature of the alleged violation.

(3) A summary of each complaint involving repeat offenders.

(4) The total number of inspections conducted during the preceding calendar year and the results of each inspection, including the total number of unlicensed massage establishments and unlicensed massage therapists discovered during each inspection.

(5) The total number of active massage therapist licensees and massage establishment licenses, the number of new massage therapist and massage establishment licenses issued during the preceding year, the total number of massage therapist and massage establishment licenses renewed during the preceding year, and the total number of massage therapist and massage establishment licenses suspended or revoked during the previous year.

B. For each complaint investigated and resolved, the report shall include at minimum: (1) A description of the outcome or resolution of each complaint

(2) Whether the complaint resulted in any of the following actions:

(a) Issuance of a warning or cease and desist order.

(b) Imposition of a fine.

(c) Suspension or revocation of an individual or massage establishment license

(d) Referral to law enforcement or another regulatory body.

(e) Any other action.

(3) Name and title of the board member or investigator assigned to handle the complaint, as well as the date the complaint was filed and the date investigation proceedings commenced and the final resolution date, if the investigation is resolved.

(4) Any administrative or legal proceedings arising out of the complaint.

101. General Provisions

A. Under the authority of R.S. 37:3551 et seq., the State Board of Massage Therapy is adopting the following rules and regulations.

AUTHORITY NOTE:   Promulgated  in  accordance  with  R.S. 37:3551 et seq. HISTORICAL NOTE:   Promulgated   by   the   Department   of Health and Hospitals, Board of Massage Therapists, LR 20:1002 (September 1994), repromulgated LR 20:1111 (October 1994), amended LR 32:1230 (July 2006).

Chapter 3. Definitions

301. Incorporation of Definitions

A. The definitions set forth in R.S. 37:3551 et seq., and R.S. 49:951 et seq., are incorporated herein by reference.  AUTHORITY NOTE:   Promulgated  in  accordance  with  R.S. 37:3551 et seq., R.S. 37:3555 et seq., and R.S. 49:951 et seq. HISTORICAL NOTE:   Promulgated   by   the   Department   of Health  and  Hospitals,  Board  of  Massage  Therapy,  LR  20:1002 (September  1994),  repromulgated  LR  20:1111  (October  1994), amended LR 32:1230 (July 2006), LR 39:1767 (July 2013).

A. A massage therapist shall:

1. represent their qualifications honestly, including education and professional affiliations, and provide only those services which they are qualified to perform;

2. accurately inform clients, other health care practitioners, and the public of the scope and limitations of their discipline;

3. acknowledge the    limitations    of    and contraindications  for  massage  and  bodywork  and  refer clients to appropriate health professionals;

4. provide therapy only where there is reasonable expectation that it will be advantageous to the client;

5. consistently maintain and improve professional knowledge and competence, striving for professional excellence through regular assessment of personal and professional strengths  and  weaknesses  and  through continued education training;

6. conduct their  business and  professional activities with honesty and integrity, and respect the inherent worth of all persons;

7. not unjustly discriminate against clients or other ethical health professionals;

8. safeguard the  confidentiality  of  all  client information,  unless  disclosure  is  required  by  law,  court order,  or  absolutely  necessary  for  the  protection  of  the public;

9. respect the client’s right to therapy with informed and voluntary consent;

10. respect the client’s right to refuse, modify, or terminate therapy regardless of prior consent given;

11. exercise the right to refuse to treat any person or part of the body for just and reasonable cause;

12. refrain, under all circumstances, from initiating or engaging in  any   romantic   or   sexual   conduct,   sexual activities, or sexual behavior involving a client, even if the client attempts to pursue a sexual relationship;

13. respect the  client’s  boundaries  with  regard  to privacy, disclosure, exposure, emotional expression, beliefs, and the client’s reasonable expectations of professional behavior. Practitioners will respect the client’s autonomy.

B. Every person licensed as a massage therapist shall subscribe to and practice by the code of ethics established by the board.

A. A  person  desiring  to  be  licensed  as  a  massage therapist must be able to read, write, speak and understand English and shall provide evidence to the board of compliance with the requirements set forth in 1301 of this Part.

B. The person shall also provide evidence of having satisfactorily completed massage therapy studies in a minimum of 500 in-class hours or the equivalent number of credit hours as set forth or required by federal regulations of a supervised course of instruction. The course of instruction must be provided by any proprietary school licensed by the Board of Regents, or appropriate governing body of any state and approved by the Board of Massage Therapy, or a supervised massage therapy course of study offered by a public entity, community college or technical school regulated by the state of Louisiana that meets the education requirements of this Chapter. In order for an out-of-state course of instruction to be considered acceptable as part of the licensure requirements for the state of Louisiana, the school providing the course of study must be licensed or approved by the state where the school is located at the time the application is submitted or the person must provide written verification from that state that the school was duly licensed or approved at the time the course was taken. The minimum 500 in-class hours shall consist of 325 hours dedicated to the study of massage therapy techniques and clinical practicum-related modalities, 125 hours dedicated to the study of anatomy and physiology, and 50 hours of discretionary related course work including, but not limited to, hydrotherapy, business practices and professional ethics, health  and   hygiene,  and   cardiopulmonary  resuscitation (CPR) and first aid. If the applicant is submitting an educational transcript from any Louisiana or out-of-state school and the transcript does not allow a determination of in-class or clock hours, the school must submit information necessary to convert credit hours shown on the transcript into class hours to demonstrate that the applicant has met the educational requirements of 500 in-class hours. It is the applicant’s responsibility to obtain the necessary information to  demonstrate  compliance  with  the  educational requirements. An individual with military training and experience will be considered to have completed the educational requirements for this Section when the service member has been awarded a military occupational specialty and performance in that specialty is at a level equal to or exceeding the requirements of this Section.

C. In order to  satisfactorily  complete  course requirements to be eligible for licensure, massage school students must have graduated from the school with passing grades and must have attended at least 90 percent of class hours in each subject matter offered in the supervised course of instruction, as reflected by attendance records taken at the beginning of each class meeting. The Board of Massage Therapy’s inspector is authorized to review attendance and course records and to conduct monitoring as spot-site visits, either directly or through a duly authorized designee, to determine whether scheduled classes are being held and whether all students recorded as present are present for the entire class period. If documentation, satisfactory to the Board of Massage Therapy, of student attendance is not maintained by a massage therapy school or if the documentation includes classes that were not held or shows students as present who were not present for the full class period, the Board of Massage Therapy may deny eligibility for state licensure to graduates who attended the school during the period that attendance was not adequately or correctly documented.

1201. Specific Massage Therapy Technique Instructor Qualifications

A. A  person  desiring  to  be  approved  as  a  massage therapy instructor of a specific massage therapy technique, clinical practicum-related modality, anatomy, or physiology shall,  upon  request,  submit  evidence  satisfactory  to  the Board of Massage Therapy that the applicant has complied with the instructor qualifications as set by the Board of Regents.

1301. Examination Requirements

A. Persons seeking a license must first pass a national examination that is:

1. approved and/or accredited by the National Commission for Certifying Agencies, an accrediting arm of the National Organization for Competency Assurance and approved by the board; or

2. approved  and  administered by  the  Federation of State Massage Therapy Boards including, specifically, the massage  and  bodywork  licensing  examination  (MBLEx); and

3. taken and passed within two years from the date the license application is filed.

B. As provided in R.S. 37:3556(B), a person who holds a valid,  current,  and  unexpired  license  or  registration  to engage in the practice of massage therapy in another state, territory, commonwealth, or the District of Columbia that has and maintains standards and requirements of practice and licensure or registration that substantially conform to the requirements in force in Louisiana, as determined by the board, may be exempt from the national test requirements of this Section and the educational requirements of 1101.B of this Part.

1401. Scope of Chapter

A. The rules of this Chapter govern the collection and use of criminal history records information in connection with applications for an initial license or reinstatement of a license  of  a  massage  therapist  in  conformity  with  R.S. 37:3556.

1403. Definitions

A. As used in this Chapter, the  following terms shall have the meanings specified.

Applicant―an individual who has made application to the board for the issuance or reinstatement of any license, permit, certificate, or registration which the board is authorized by law to issue.

Board―the Louisiana Board of Massage Therapy.

Bureau―the  Louisiana  Bureau  of  Criminal Identification and Information of the Office of State Police within the Department of Public Safety and Corrections or a similarly recognized police agency outside of Louisiana.

Criminal History Record Information―

a. information  collected  by  the   bureau  or   the Federal Bureau of Investigation of the United States Department of Justice or an individual consisting of detentions, indictments, bills of information, or any formal criminal charges and any disposition arising therefrom including sentencing, criminal correctional supervision and release;

b. does not include information collected for intelligence or investigatory purposes nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.

FBI―the Federal Bureau of Investigation of the United States Department of Justice.

License or Licensure―any license, permit, certification, or registration which the board is authorized by law to issue.

1405. Criminal History Record Information Requirement

A. As a condition for eligibility for the issuance of an initial license  or  the  reinstatement  of  any  license,  an applicant must submit, along with the application, a criminal history record which has been obtained from the bureau or the FBI and has a certification date that is not more than six months prior to date of the license application.

B. The application of an applicant who fails to comply with the requirements set forth in Subsection A of this Section shall be deemed incomplete and shall not be considered by the board unless and until such requirements have been satisfied.

1407. Effect of Application

A. The submission of an application for licensure to the board along with the criminal history information shall constitute and operate as a consent by the applicant for disclosure and release of such information and as a waiver by the applicant of any privilege or right of confidentiality which the applicant would otherwise possess with respect thereto subject to the limitations as set forth in 1413 of this Chapter.

B. The submission of an application for licensure along with the criminal history information to the board shall constitute and operate as an acknowledgement and authorization by the applicant for the board’s utilization of criminal history record information to determine his or her suitability and eligibility for licensure, and whether just cause  exists  for  the  board  to  refuse  to  issue,  suspend, revoke, or impose probationary or other terms, conditions, or restrictions on any license held or applied for by an applicant in the state of Louisiana for violation of any of the causes specified by R. 37:3563 and the board’s rules respecting any such massage therapist as set forth in LAC

1409. Procedural Requirements

A. In conformity with the substantive requirements of 1405 of this Chapter, an application for licensure, whether initial or reinstatement to the board, shall be accompanied by each of the following:

1. a complete criminal history record which has been obtained from the bureau or the FBI and certified by those agencies. The background history must be dated within six months of the application and must cover at least the preceding five-year period of time.

a. An applicant who has resided in Louisiana for more than five years immediately, prior to filing the license application, shall only be required to submit a criminal history record obtained from the bureau.

b. An applicant who has not resided in Louisiana for  the  five-year  period  immediately  prior  to  filing  the license application must submit either a criminal history record from Louisiana and/or any state or states in which the applicant was previously domiciled which would cover a minimum of a five-year period within six months of the application date or a criminal history record obtained from the FBI.

B. An applicant shall be responsible for the payment of all  fees  which  may  be  assessed  by  any  state  or  federal agency including, but not limited to, the bureau and the FBI, which may be incurred in requesting and obtaining criminal history record information which is submitted with the application.

1411. Falsification of Criminal Record Information

A. An applicant who denies the existence or extent of criminal history record information on an application, which is discovered by information, records, or documentation provided by the bureau, FBI, or any other state, national, or foreign jurisdiction shall, in addition to the potential disqualification of licensure for any of the causes specified in §1407.B of this Chapter, be deemed to have provided false, misleading, or deceptive information, or false sworn information on an application for licensure, and to have engaged in unprofessional conduct, providing additional cause for the board to suspend or revoke, refuse to issue, or impose probationary or other restrictions on any license held or applied for by an applicant in the state of Louisiana culpable of such violation, pursuant to R.S. 37:3563 and 3565.

1413. Confidentiality of Criminal History Record Information

A. Criminal history record information obtained by the board pursuant to R.S. 37:3556 and the rules of this Chapter, which is not already a matter of public record or to which the  privilege  of  confidentiality  has  not  otherwise  been waived or abandoned, shall be deemed nonpublic and confidential  information,  restricted  to  and  utilized exclusively  by  the  board,  its  officers,  members, investigators, employees, agents, and attorneys in evaluating the applicant’s eligibility or disqualification for licensur Criminal history record information shall not, except with the written consent of the applicant or by the order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency provided, however, that any such information or documents which are admitted into evidence and made part of the administrative record in any adjudicatory proceeding before the board shall become public records upon the filing of a petition for judicial review of the board’s final decision therein.

1415. Exceptions to Criminal History Information Requirement

A. The criminal history record information requirements prescribed by §1401-1413 of this Chapter may be waived in such instances as the board, in its discretion, may deem necessary or appropriate.

1501. Applications, Fees, Documentation, and Validity

A. Applications for Licensure. An applicant for licensure must submit a completed application that meets the requirements of R.S. 37:3556 along with payment of the fee required by R.S. 37:3562. The application must include:

1. proof satisfactory to the board that the applicant has satisfied the requirements for licensure;

2. an official  transcript  from  the  massage  therapy school showing completion of the course of instruction.

B. A license application shall be considered valid and pending for a period not to exceed 45 days. After 45 days, the license application will be considered expired and a new application will be required to proceed with the application process.

1701. Applications, Availability, Requirements, and Expiration

A. All professional   and   establishment   license applications are available on the board’s webs

B. All professional and establishment licenses issued by the board shall expire on March 31 of each year. In order to avoid a late fee, renewal applications must be postmarked, have an e-mail acknowledgment of receipt, or other proof of delivery prior to the expiration d The board shall have the authority to prorate the license renewal fees during any transitional period  that  may  result  from  a   change  in expiration dates.

C. With the exception  of  first-year  professional licensees, a minimum of 12 hours of continuing education units must be completed and submitted to the board in order to  be eligible  to  renew  the  professional  license.  The educational units must be from an approved program and taught   by   a   provider   registered   with   the   board.  All continuing education units will be verified by the continuing education provider.

D. Incomplete renewal applications will be returned to the licensee and may be subject to late fees as provided for in R.S. 37:3562.

E. Inactive Status

1. Those who wish to temporarily cease their activities as a massage therapist may place their license on inactive status for a period not to exceed five years by paying the inactive status fee which shall be a one-time per-application fee of not more than 60 percent of the annual license renewal fee as provided for in R. 37:3562 and submitting a board- provided affidavit/form. No license shall be issued to a massage  therapist  on  inactive  status.  To  revert  to  active status, the massage therapist shall submit to the board the following:

a.i  board-provided affidavit/form requesting return to active status;

ii. payment of the current license renewal fee as provided in R.S. 37:3562;

iii.        evidence of having completed a minimum of 24 hours of continuing education units within two years of the date that the application for reinstatement is filed;

b. after  five  years  on  inactive  status,  the  license shall be considered to be a lapsed licens In order to take inactive status, the application affidavit/form must be filed within six months from the date that the person last had an active license. The commencement of the period of inactive status shall be retroactive to the date on which the person last had an active license. After the license has been expired for more than six months, the therapist will not be eligible to take inactive status unless the license has been first renewed to active status.

F. Lapsed  Status.  As  provided  in  R.S.  37:3552,  any license that is not renewed for a period in excess of two years  from  the  date  of  its  last  expiration and  is  not  on inactive status shall be considered to have become a lapsed license Once a license has lapsed, the former holder of such license  who  desires  to  obtain  a  new  license  will  be considered as a new applicant and must comply with all of the provisions of R.S. 37:3556 in order to obtain a license.

2101. Terms and Conditions

A. Based upon probable cause, the board may require that the applicant agree to such terms and conditions as the board  deems  necessary  to  protect  the  public  health  and safety.

B. The terms and conditions the board may impose under this rule are:

1. before  receiving  a  license,  the  applicant  must appear before the board to respond to questions regarding the application;

2. when convicted  of  a  crime,  the  applicant  must submit copies of all available court documents (including a certified copy of the judgment, indictment or information and related documents, including police and probation reports). For purposes of these rules, a plea of “nolo contendere” to a crime constitutes a conviction of that crime;

3. the applicant must authorize the board to receive and review all records of the applicant’s medical, psychiatric, or psychological treatments;

4. the applicant must submit to mental and physical examination by a board approved physician or psychologist;

5. in the event the board grants the applicant a license, the applicant must agree to limit the scope of his practice in such  manner  as  the  board  may  determine  necessary  to protect the public health and safety;

6. the applicant must agree to receive alcohol, drug abuse, or psychological counseling;

7. the  license  to  practice  massage  therapy  may  be issued subject to probation of up to one year in duration;

8. the applicant’s practice of massage therapy must be under the supervision of a board approved licensed massage therapist who may be required to make periodic reports to the board regarding the applicant’s competence to practice massage therapy; and

9. such other  terms  and  conditions  reasonably designed to protect the public health and safety.

2501. Safety and Sanitary Requirements

A. Sanitary Requirements. Each massage establishment shall be maintained and operated in a safe and sanitary manner. Massage establishments shall adhere to local regulations as provided for in R.S. 37:3567. Each massage establishment shall:

1. maintain all equipment used to perform massage services on the premises in a safe and sanitary condition;

2. launder, before reuse, all materials furnished for the personal use of the customer, such as towels and linens;

3. provide adequate toilet and lavatory facilities. To be adequate, such facilities:

a. shall have at least one toilet and one sink with running water;

b. shall  be   equipped   with   toilet   tissue,   soap dispenser  with  soap  or  other  hand cleaning  materials, sanitary towels or other hand-drying device such as a wall- mounted electric hand dryer, and waste receptacle; and

c. all of the foregoing fixtures and components shall be kept clean, in good repair, well-lighted, and adequately ventilated to remove objectionable odors;

4. adequately   maintain   shower   facilities   on   the premises if equipped with a whirlpool bath, sauna, steam cabinet and/or steam room.

B. Draping. Each massage establishment shall maintain a sufficient supply of clean towels, gowns or sheets, for the purpose of covering each client during a Massage Before beginning a massage, each massage therapist shall explain to the client expected draping techniques and provide the client a clean drape for that purpose. At all times during a massage session, reasonable efforts must be made to keep covered the gluteal cleft and genitalia for male clients and the breasts, the gluteal cleft, and genitalia for female clients. The board may establish a protocol for any variation from the above described draping procedures.

2701. Inspections, Licensed and Unlicensed Establishments

A. The board  may  make  periodic  inspections  of  all massage  establishments,  including  licensed  and/or unlicensed massage establishments.

B. Such inspections may include, but need not be limited to, confirmation that the site is being utilized for massage therapy and a determination of whether the establishment is in compliance with the laws and rules governing the establishment’s operation, facilities, personnel, safety, and sanitary requirements.

C. Failure to cooperate with such inspections may lead to disciplinary action

2901. Name, Ownership and/or Location Changes

A. All name, location and/or ownership changes of licensure must be reported in writing to the board within 30 days of occurrence using a form provided by the board.

3101. Prohibition of Sexual Activity

A. All sexual activity by any person or persons in any massage establishment is absolutely prohibited.

B. No massage establishment owner or operator shall engage in, or permit any person or persons to engage in, sexual activity in a massage establishment or to use that establishment to make arrangements to engage in sexual activity in any other place.

C. No massage therapist shall engage in sexual activity with a current client of the therapist

D. No massage therapist shall engage in sexual activity with a former client of the therapist within three months after cessation of professional services.

E. As used in this Rule and 5301 of this Part:

a. sexual activity—includes:

i. coital sexual intercourse; ii. anal sexual intercourse; iii. fellatio, cunnilingus;

ii. masturbation;

iii. passionate kissing and acts of sadomasochistic abuse;

vi. flagellation; or

vii.  torture in the context of sexual conduct;

b. the purposeful touching of the genitals of another person and the purposeful erotic stimulation of the anus, the male or female nipple, or the female breast, whether through draping or clothing, whether resulting in penetration or orgasm or not, and whether by instrumental manipulation, touching with the hands, or other bodily contact; any sexual offenses proscribed by the criminal laws of Louisiana including, but not limited to, R.S. 14:83.3 and 83.4.

F. For purposes of this rule, the term client means and includes  any  person  receiving  massage  therapy  services provided   for   compensation   (regardless   of   the   source, recipient or nature of the compensation), and any person receiving massage therapy services that are not provided for compensation either because of indigence or because the massage therapy services were provided within the context of a community outreach or other public service program. A massage therapist’s own spouse is excluded from the term client under this rule.

3301. How to Display; Board Ownership

A. Each massage establishment shall post, in plain sight, its establishment license and the license or the licensed massage therapist identification card (LMT-ID) of each massage therapist who practices in the massage establishment.   Each   massage   therapist   must   have   his licensed massage therapist identification card (LMT-ID) in his possession while providing massage therapy for a client and present it for review upon request.

B. A license is the property of the board and shall be surrendered upon demand of the board.

3701. Requirements for Massage Therapists

A. Each licensed massage therapist shall complete a minimum of 12 hours each year of continuing education units (CEUs) approved pursuant to 3703 of this Chapter.

B. The  continuing  education  requirement  set  forth  in Subsection A of this Section shall not apply during the first 12 months after a massage therapist is first licensed in Louisiana. The continuing education requirement shall apply to the licensee for every year of licensure thereafter.

C. Definition

One Hour of Continuing Education—no less than 50 uninterrupted minutes of instruction, with no credit to be given  for  introduction  of  the  speaker,  meal  breaks  or business  meetings.  Sessions  of  less  than  50  minutes  but more than 30 minutes shall be counted as 1/2 hour. Instructional sessions of less than 30 minutes shall be disregarded for purposes of counting CEU credits. On line or home study courses may be considered in compliance with this requirement if verification of completion of the course is furnished to the board.

D. Presenters/moderators/instructors of courses shall not receive credit for courses they present.

E. Failure of the licensee to satisfy the requirements of this Rule shall be in violation and shall subject the licensee to disciplinary actions pursuant to these rules.

F. A licensed individual who is serving on active duty in the United States Armed Forces shall be entitled to apply for a waiver of the CEU requirements during the period of such service and the board shall have the authority to grant such a waiver.

3703. Board Approval of Providers and Programs

1.  A  continuing  education  provider  is  an  individual and/or business that sponsors continuing education programs and presenters which has registered with the board and paid the continuing education provider fee provided for in R.37:3562. The provider may also be a presenter. A continuing education provider registration term (providership) shall be for a period not to exceed 24 months. Upon expiration of the 24-month term, the provider may renew for another term. The provider shall be responsible for submitting all continuing education program information forms and payment of the continuing education program approval fee for each program being taught. The education provider fee includes the right to present two continuing education programs,  which  are  identified  in  the  initial  registration form, during the providership period without additional charge.

1. A continuing education provider must be registered with the board before disseminating any notices that its program is approved for license renewal cred In the event a provider does advertise without being registered with the board, that provider may be subject to a fine not to exceed $1,000.

B. Authority to Review and Revoke Approval. The board retains the right and authority to audit and/or monitor CEU providers. The board may at any time evaluate any provider and deny, revoke, and/or decline to renew approval of that provider for good cause.

C. Approved  Providers.  In  order  to  register  with  the board, providers must comply with the following requirements.

1. The provider must retain attendance records for at least four years following each program.

2. The provider must furnish each participant with a certificate or letter of attendance verifying that the program has  been  completed.  The  certificate  shall  contain  the  provider’s name and number, the title of the program and instructor, the program number assigned by the board, the date, the number of CEU hours, and the licensee’s name and license number.

3. Within 30 days after the program, the provider must submit to the board attendance records which include the name, license number and date of attendance for each attendee and the provider number, program name, assigned program number and number of CEU hours. Submission of attendance records may be by mail or online through the board’s webs

4. A CEU certificate cannot be issued for less than the number of hours approved and attendees must complete the entire course for cred

D. Continuing Education Program and Presenter Requirements

1. Each program presented for Louisiana CEU credits shall be relevant to and focus on massage theory, practice, methods, or laws, regulations, business or ethical principles pertaining  to   the  practice  of   massage  therapy  or   the operation  of  a  massage  therapy  business  and  shall  have stated learning objective No Louisiana CEU credits will be approved for programs that include:

a. instruction in diagnosis;

b. the treatment of illness or disease; or

c. any service or procedure that otherwise exceeds the scope of the practice of massage therapy as defined in R.S. 37:3552(10).

2. Each program presented for Louisiana CEU credits shall be taught by a person who:

a. holds a minimum of a bachelor’s degree from a college or university which is accredited by a regional accrediting body recognized by the U.S. Department of Education, or a substantially equivalent accrediting body of a foreign sovereign state, with a major in a subject directly related to the content of the program to be offered; or

b. has completed at least five years of professional experience in the practice of massage therapy; or

c. has completed at least 100 hours of non-entry level education in the subject matter to be offered and has a minimum of two years of professional experience in the subject.

3. Program Approval

a. Program Information Form. Providers (approved pursuant to §3703 of this Part) shall submit on a program information form provided by the board all CEU programs to  be  offered  or  presented  during  a  providership  period which shall consist of 24 consecutive months.

i. Once  the  program  information  form  is submitted to the board, the program described on the form will  be  added  to  the  list  of  approved  CEU  programs contained  on  the  board  website  unless  the  provider  is notified otherwise.

ii. Each   provider   is   entitled   to   present   two approved programs as part of its biennial provider fee, provided such programs are identified on the initial program information form.

iii. A $50  per-program fee  will  be  required  for each additional program that the provider wishes to present for CEU credit.

iv. Once a program has been included on the approved list, it will remain on that list for the entire 24- month providership period provided that the materials presented for each program do not change

v. The provider must demonstrate, upon request, that each program and presenter meets the requirements of Paragraphs 1 and 2 of this Subsection and failure to provide such information will result in the program being removed from the approved lis

vi Any changes and/or amendments to a program during the 24-month providership period will require the completion of  a  new program information form  together with the payment of a $50 program fee.

vii.      Submission of the program information form for a particular program must be submitted no later than 15 days before the program is scheduled to be taught.

b. Other  Program  Approval.  Louisiana  licensees may request CEU approval of a non-standard program or course of study by submitting an application form issued by the board. The form, along with a non-refundable program review fee of $50 per program, must be presented during the year for which CEU credit is sought and the program must comply with the CEU guidelines as set forth in Paragraph 1 of this Subsection. This procedure may be used to apply for approval  for  activities  which  may  include,  but  are  not limited to, college courses, published works by the therapist, or other educational activities that may be used in lieu of CEUs for the given year. In order to be considered for approval, the non-standard program or course of study must have been completed within 12 months from the date the request for approval is submitted. Protocols for such proposed programs will be established by the board and the licensee will be provided with written notice as to whether the request for CEU credit has been approved.

c. Provider  Renewal.  A  provider  approval  letter issued by the board pursuant to this Chapter shall be valid for a providership period of 24 months from the date that the letter was issued. Within 30 days from the expiration of the 24-month period, the provider may apply for a renewal of the providership period by submitting a renewal request. The renewal request form may be found on-line at the board website or upon request a renewal form will be mailed to the provider. In order to obtain renewal of the providership, the provider  must  return  the  completed  renewal  form  to  the board office on or before the expiration date of the current providership period, together with the provider fee of $100. Failure to renew on or before the expiration date will result in loss of providership status and all programs offered under the  provider  number  will  no  longer  be  recognized  as approved.

d. Statement as to Approval

i. The   provider  of   a   program  approved  for Louisiana CEU units may announce that the program is approved by the Louisiana Board of Massage Therapy so long as the provider number and the number of approved CEU hours are referenced in the advertising or other promotional materials.

ii. Providers may offer programs that are not approved pursuant to this Section. If a therapist is taking a program  with  anticipation that  the  program qualifies  for CEU credits, it is the obligation of the therapist to make that determination by checking the list of approved programs on the board website or checking with the board office as to the approval status before taking the program.

4101. Health Data

A. Data concerning an individual’s health status must be systematically and continuously collected, recorded, and communicated in order to determine therapeutic needs, according to the following criteria.

1. The format for the collection and recordation of data must provide for systematic collection, frequent updating, accessibility, and appropriate confidentiality.

2. Data may be collected from the individual, family members, pertinent others and other health care person.

3. Client records are to be obtained and reviewed by the licensed therapist to determine if therapeutic massage intervention is needed.

4. Current client records are to be maintained at the licensed establishment location in a confidential manner.

5. All   client   records   must   be   maintained   for   a minimum of five calendar years after the last service is performed for that client. After five years from the last date of service, client records may be disposed of in an appropriate and confidential manner.

5301. Unprofessional Conduct

A. The following acts shall constitute misconduct in the practice of massage therapy or incorrect practice of massage for which disciplinary penalties may be imposed:

1. conviction or a plea of guilty in any jurisdiction, regardless of adjudication, of a crime directly relating to the practice of massage or to the ability to practice massage. Any plea of “nolo contendere” shall be considered a conviction  for  purposes  of  this  rule;  including  pleas  of guilty, nolo contendere and pleas under L C.Cr.P. Article 893 and 894;

2. false, deceptive, or misleading advertising;

3. aiding, assisting, procuring, or advising any unlicensed person to practice massage therapy, contrary to this Rule or to a rule of the department or the board;

4. engaging in or attempting or offering to engage a client in sexual activity, including any genital contact, as provided under 3101 of this Part;

5. making deceptive, untrue,  or  fraudulent representations in the practice of massage;

6. practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he is not competent to perform;

7. delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them;

8. violating any provision of any rule of the board or a lawful order issued at a board hearing or failing to comply with a lawfully issued subpoena;

9. operating any massage establishment unless it has been duly licensed as provided herein;

10. operating a massage  establishment  under  a suspended, expired, or revoked license;

11. refusing to permit the board to inspect the business premises of the licensee during regular business hours;

12. practicing massage  therapy  when  a  license  to practice massage therapy has expired, been revoked, suspended or otherwise acted against, including the denial of licensure by the licensing authority of another state, territory or country;

13. failure to perform any statutory or legal obligation placed upon a licensed massage therapist;

14. inability to skillfully and safely engage in the practice of massage therapy by reason of illness, alcohol or substance abuse or as a result of any mental or physical condition;

15. engaging in the practice of massage therapy without a current massage license;

16. failure to practice massage with that level of care, skill, and treatment which is recognized by a reasonably prudent similar massage therapist as being acceptable under similar conditions and circumstances;

17. failing to keep the equipment and premises of the massage establishment in a clean and sanitary condition;

18. engaging in the practice of reflexology without a current massage therapy license

a. For the purpose of this Rule:

reflexology—the  manipulation  of  the superficial tissues of the hands and feet, based on the theory that manipulation of body reflex areas or zones can affect other body functions.

5501. Guidelines for Disciplinary Actions

A. When the board finds that an applicant or licensee whom it regulates has committed any of the prohibited acts set forth in the statutes or rules, the board may impose appropriate penalties within the ranges recommended in the following disciplinary guideline

B. Penalties  imposed  by  the  board  pursuant  to  this Section may be imposed in combination or individually, and are as follows:

1. refusal to license an applicant; revocation or suspension of license;

2. issuance of a reprimand or censure;

3. imposition of an administrative fine not to exceed $1,000 for each count or separate offense.

C. The provisions of this Section are not intended and shall not be construed to limit the ability of the board to informally dispose of disciplinary actions by agreement.

D. The provisions of this Section are not intended and shall not be construed to limit the ability of the board to pursue collateral, civil or criminal actions when appropriate.

E. In  determining  whether  an  applicant  who  has  a criminal history should be permitted to apply to be licensed or renew a license, the complaint investigation officer (CIO), designated under 5901 of this Part, shall be authorized to make an initial decision as to whether a conviction of a non- violent crime by an applicant, which conviction is less than five  years  old,  is  sufficiently  related  to  the  practice  of  massage therapy so as to require the application or renewal to be presented to the board for approval. If the CIO makes a determination that the criminal activity involved is clearly not related to the ability to engage in the practice of massage therapy, the CIO may approve the applicant to continue with the application or renewal process. The CIO shall submit a report to the board as to those applicants who have been approved under this procedure.

5503. Injunctions and Other Relief

A. In addition to other authorized penalties, the board may seek injunctive and other relief as provided in R.S. 37:3566.

5901. Investigation Procedures

A. The board shall designate a member to serve as complaint investigative officer (CIO) to review and investigate complaints.

B. Each complaint shall be submitted to the CI Once a complaint is received, the CIO or the CIO’s designated representative will initiate a review and investigation of the allegations. After the investigation the CIO may make a determination  to  dismiss  the  complaint  or  proceed  to informal hearing.

C. At any point during the investigation the CIO may resolve the matter by consent agreement, which agreement must be submitted to the board for review and action.

D. The CIO shall place a formal disciplinary hearing on the board agenda for a regular board meeting or may request that a special board meeting be scheduled to consider a disciplinary matter if the investigation by the CIO disclosed any of the following:

1. a complaint is sufficiently serious to require formal adjudication;

2. failure of the licensee and/or applicant to respond to the CIO’s correspondence concerning the complaint;

3. failure to  resolve  all  issues  through  a  consent agreement; or

4. refusal of the licensee and/or applicant to comply with the recommended remedial action.

E. When  placing  a  disciplinary  matter  on  the  board agenda for hearing, the CIO shall submit to the board in brief concise language, a statement providing a description of the matter and the recommended disciplinary action, without making any reference to the particulars of the investigation or any finding of fact or conclusions of law arrived at during the investigative process.

F. At no time shall the CIO investigate any case as authorized by the board or this Section wherein said officer has any personal or economic interest in the outcome of the investigation or is personally related to or maintains close friendships with the complainant or the licensee. In such event, the CIO shall immediately notify the board, which shall have authority to appoint an “ad hoc” CIO for disposition of that case

6101. Formal Disciplinary Hearings

A. Formal Disciplinary Hearings

1. The  board  shall  also  be  authorized  to  conduct formal disciplinary hearings.

2. The hearing shall be held before the board only after the involved licensee and/or applicant is given at least 30 days notice by registered or certified mail. The content of the notice, as well as the conduct of the hearings, shall be governed by R.S. 49:955, being further provided that the licensee be advised of the right to be represented by legal counsel. The board shall arrange for a court reporter to make an accurate recording of all testimony presented at the hearing. Any person bringing a complaint waives the privilege of confidentiality for purposes of the hearing.

3. The rules  of  evidence,  notice,  authority  to administer oaths, issue subpoenas, conduct depositions and control confidential or privileged information, will apply to the formal adjudication hearing in accordance with the Louisiana Administrative Procedure A Thereafter, the unsuccessful applicant or licensee may apply for a rehearing, as provided in R.S. 49:959, subject to further judicial review, pursuant to R.S. 49:964, 965.

4. It is the obligation of each licensed therapists or the holder  of  an  establishment  license  to  keep  the  board informed of current contact information. Accordingly, if notice of the hearing cannot be delivered by mail because of a change of address and the new address is not provided to the board, the board may hold the hearing without the therapists or establishment license holder being present, so long as reasonable efforts have been made to obtain the licensee’s new address.

5.   When the licensee receives notice of a complaint and/or the scheduling of a disciplinary hearing, he may file an  answer  to  the  notice  responding  to  the  charges,  or offering any explanation or assert whatever defense is deemed applicable.

6. Upon timely request, the board has discretion to extend or continue the time set for the hearing for such reasons as:

a. ill health;

b. inability to obtain counsel;

c. the complexities of the case; or

d. other matters deemed by the board to constitute good cause

7. The board attorney shall advise board members on proceedings during the hearing.

8. Any board member having reason to believe that he may be perceived to be biased or prejudiced against any of the parties to the proceeding or who has a personal or economic interest in the outcome of such proceedings shall immediately  notify  the  remaining  board  members  and request to be relieved of participation in the proceedings. Any party to such a hearing may file with the board an affidavit requesting the recusal of a board member because of bias or personal or financial inter As soon as possible, but not later than the beginning of the hearing, the majority of the board must pass upon the request for disqualification. The concerned board member shall not vote in the action to disqualify. Any doubt concerning the fitness of a board member shall be resolved in favor of disqualification. In the event of disqualification, the board shall proceed without the disqualified member. The number of board members needed for a quorum and majority shall be reduced to compensate for the disqualified member(s).

9. The parties to the hearing are urged to confer prior to the hearing or through their respective counsel in an attempt to reduce or simplify the issues to be heard. The board will accept any joint stipulations between the parties as proven facts at the hearing. The purpose of the pre- hearing conference is to ensure that the hearing is not unduly prolonged by receiving testimony or other evidence on matters which are not seriously in dispu

10. The board shall have discretion to consolidate one or more cases for hearing if the matters involve the same or related parties, or substantially the same questions of law or fac The board may also grant separate hearings if such a joint hearing would be prejudicial to one or more of the parties. If hearings are to be consolidated, notice must be given to all parties in advance of the hearing.

11.  The board shall consider a motion to  modify or quash any subpoena issued in connection with the hearing or a deposition related to a hearing, provided that such motion is filed by registered mail with the board no later than three days prior to the hearing date or the date scheduled for the deposition. Grounds to quash or limit the subpoena include, but are not limited to:

a. testimony or  material  protected  by  privilege granted by statute, regulation, or other law;

b. burdensomeness that would  not  be justified in light of the evidence’s importance to the case;

c. undue hardship on a witness;

d. vagueness; and e. immateriality

12. The procedures to be followed in conducting the hearing, governing the order of proceeding, rulings on evidence, and the board’s decision, are contained in the Louisiana Administrative Procedure Act

13. The burden of proof rests upon the CIO who is presenting the charge before the board. No sanctions shall be imposed or order issued, except upon consideration of the whole record, as supported by and in accordance with, reliable, probative and substantial evidence. While proof beyond all reasonable doubt is not required to establish a given fact as true, the burden must be carried by a clear preponderance of the evidence This standard of proof shall

apply in all hearings conducted before the board and any review or examination of evidence or any hearing requested.

 

14. 14. Any party or person deemed to be governed by or under the jurisdiction of R.S. 36:3501-36:3516, may apply to the board for a declaratory order or ruling in order to determine the applicability of a statutory provision or rule of this board to said party or person. The board shall issue the declaratory order or ruling in connection with the request by majority vote of the board, signed and mailed to the requesting party. The board may seek legal counsel or an attorney general’s opinion in connection with any such request