Subchapter II. License and Registration
TITLE 24
Professions and Occupations
CHAPTER 53. MASSAGE AND BODYWORK
Subchapter II. License and Registration
§ 5307. License; certification required.
(a) No person shall engage in the practice of massage and bodywork therapy or hold himself or herself out to the public in this State as being qualified to practice massage and bodywork therapy; or use in connection with that person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice massage and bodywork therapy, unless such person has been duly licensed or certified under this chapter. Massage and bodywork therapists licensed under this chapter may practice massage and/or bodywork therapy on referral from a licensed medical or osteopathic physician or chiropractor by prescription as deemed appropriate by the referring physician or chiropractor. Massage technicians certified under this chapter are prohibited from practicing on referral from a licensed medical or osteopathic physician or chiropractor.
(b) Whenever a license to practice as a massage and bodywork therapist in this state has expired or been suspended or revoked, it shall be unlawful for the person to practice massage and bodywork therapy in this State.
(c) No person shall act as a massage technician, or hold himself or herself out as a massage technician, unless such person has been duly certified by the Board under this chapter. Massage technicians shall practice massage and/or bodywork on other than medically diagnosed conditions.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 108, § 1.;
§ 5308. Qualifications of applicant; report to Attorney General; judicial review.
(a) An applicant who is applying for licensure as a massage and bodywork therapist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) Has completed 500 hours of supervised in-class study as a student in a school which trains massage or bodywork therapists, or as a student in an approved program of massage or bodywork therapy; the school or program of training must include a curriculum of no less than:
a. 100 hours of anatomy and physiology;
b. 300 hours of technique and theory of massage or bodywork therapy;
c. 100 hours of elective courses in the field of massage therapy;
(2) Has achieved the passing score on a written, standardized, nationally-prepared and administered examination in massage or bodywork therapy; the passing score shall be as established by the testing agency. If the testing agency has not established a passing score, the Board in conjunction with the Division shall establish the passing score;
(3) Has passed a state-certified examination in cardiopulmonary resuscitation (CPR) training; and possesses current CPR certification. An exception from current CPR certification shall be allowed for persons who have lower limb amputee status;
(4) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter; and, has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant has previously been or currently is licensed to practice massage and/or bodywork therapy;
(5) Foreign-trained applicants must provide evidence of training and supervision essentially comparable to that cited in paragraph (1) of this subsection.
(6) Is at least 18 years of age.
(b) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(d) The Board shall grant a license to an applicant, who was previously licensed as a massage therapist in this State, and who has let that applicant's license lapse due to a failure to timely renew said license, subject to the applicant meeting the requirements of subsection (a) of this section, and the continuing education requirements as provided for in the Board's rules and regulations.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 289, §§ 1, 2.;
§ 5309. Qualifications of applicants for certification as massage technicians.
(a) An applicant who is applying for certification as a massage technician under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) Has completed, as a minimum, a 300-hour course of supervised in-class study of massage that includes a curriculum of no less than:
a. Sixty hours of anatomy and physiology;
b. One hundred-forty hours of theory and technique;
c. One hundred hours of elective courses in the field of massage therapy;
This requirement will apply to all certification applications submitted after January 1, 2005. For applications submitted prior to January 1, 2005, the applicant shall have completed as a minimum, 1 100-hour course of supervised in-class study of massage.
(2) Has passed a state-certified examination in cardio-pulmonary resuscitation (CPR) training; and possesses current CPR certification. An exception from current CPR certification shall be allowed for persons who have lower limb amputee status; and
(3) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter; and, has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been or currently is licensed, certified, or registered as a massage technician or massage or bodywork therapist.
(4) Is at least 18 years of age.
(b) Notwithstanding subsection (a) of this section, an applicant may apply for a temporary massage technician certification under this section after completion of a 200-hour course of supervised in-class study of massage that includes a curriculum of no less than:
(1) Fifty hours of anatomy and physiology;
(2) One hundred and ten hours of theory and technique;
(3) Twenty-five hours of ethics, law, and contraindications; and
(4) Fifteen hours of elective courses.
A temporary massage technician certification, which is subject to all the other provisions and requirements of this chapter, shall be valid for a period of no more than 1 year and may not be renewed or reissued, and shall not be eligible for inactive status.
(c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information intentionally has been supplied, it shall report its findings to the Attorney General for further action.
(d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some way contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(e) The Board shall grant a certification to an applicant who was previously granted a certification in this State, and who has let that applicant's certification lapse due to a failure to timely renew said license, subject to the applicant meeting the requirements of subsection (a) of this section, and the continuing education requirements as provided for in the Board's rules and regulations.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 289, §§ 3-8; 75 Del. Laws, c. 130, § 1.;
§ 5310. Reciprocity.
Where an applicant is currently licensed or certified as a massage and/or bodywork therapist or massage technician, or is licensed or certified under any other title which indicates such person practices massage and/or bodywork in another jurisdiction, and has practiced continually for two years in that jurisdiction, in lieu of all other requirements for licensure and certification under this chapter, the Board shall accept a certificate or other evidence that the applicant is currently licensed or certified in that jurisdiction, has practiced continually for 2 years, possesses current CPR certification, and in addition, for an applicant for licensure as massage and bodywork therapist, has achieved the passing score on the written national examination.
Upon receipt of an application from an applicant who has been or who currently is licensed, certified or registered as a massage and/or bodywork therapist or massage technician in another jurisdiction, the applicant is responsible for contacting the licensing authority or comparable agency, in such other jurisdiction or jurisdictions and requesting that a certified statement be sent directly to the Board by the licensing authority, which shall certify that there are no disciplinary proceedings or unresolved complaints pending against the applicant; and whether the applicant has engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter. In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed until the proceeding or complaint has been resolved. Applicants for licensure to practice massage and bodywork therapy in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such evidence.
70 Del. Laws, c. 582, § 1; 74 Del. Laws, c. 289, § 6.;
§ 5311. Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year.
70 Del. Laws, c. 582, § 1.;
§ 5312. Issuance and renewal of licenses; certification.
(a) The Board shall issue a license or certificate to each applicant who meets the requirements of this chapter for licensure as a massage or bodywork therapist or certification as a massage technician and who pays the fee established under § 5311 of this title.
(b) Each license or certificate shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee or certificant has met the continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed massage or bodywork therapist or certified massage technician may still renew such license or certificate, notwithstanding the fact that such licensee or certificant has failed to renew on or before the renewal date.
(d) Any licensee or certificate holder, upon written request, may be placed on inactive status. Any person who desires to reactivate that person's license or certificate shall complete a Board approved application form, submit a reactivation fee set by the Division, submit proof of current CPR certification, and submit evidence of compliance with continuing education requirements in accordance with the Board's rules and regulations.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 289, § 7.;
§ 5313. Grounds for refusal, revocation or suspension of licenses and certificates.
(a) A practitioner licensed or certified under this chapter shall be subject to disciplinary actions set forth in § 5315 of this title, if, after a hearing, the Board finds that the massage or bodywork therapist or massage technician:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a massage or bodywork therapist or certification as a massage technician; has impersonated another person holding a license or certification, or allowed another person to use the massage or bodywork license or massage technician certification, or aided or abetted a person not licensed as a massage or bodywork therapist or certified as a massage technician to represent that person as a massage or bodywork therapist or massage technician;
(2) Has been convicted of a crime that is substantially related to the practice of massage and bodywork. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(2), if it finds all of the following:
a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, "sentence" does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.
b. The applicant is capable of practicing massage and bodyworks in a competent and professional manner.
c. The granting of the waiver will not endanger the public health, safety or welfare;
(3) Has excessively used or abused drugs (including alcohol, narcotics or chemicals);
(4) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;
(5) Has had that practitioner's license as a massage or bodywork therapist or that practitioner's certificate as massage technician suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a massage or bodywork therapist or certified as a massage technician in this State shall be deemed to have given consent to the release of this information by the Board of Massage and Bodywork Therapy or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(6) Has failed to notify the Board that the practitioner's license as a massage or bodywork therapist or certificate as massage technician in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or
(7) Has engaged directly or indirectly in the division, transferring, assigning, rebating or refunding of fees received for professional services or who profits by means of a credit or other valuable consideration such as wages or an unearned commission, discount or gratuity with any person who referred a patient or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity recognized by the Delaware law and comprised of massage therapists from making any division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs.
(b) Where a practitioner fails to comply with the Board's request that the practitioner attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have jurisdiction to issue such order.
(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner's right to practice shall be limited by the Board, until such practitioner has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 108, §§ 2, 3; 74 Del. Laws, c. 262, § 100; 75 Del. Laws, c. 436, § 52; 77 Del. Laws, c. 199, § 40.;
§ 5314. Complaints.
A practitioner or member of the public desiring to file a complaint against a practitioner or licensee, or certificate holder regulated by the Board shall file a written complaint with the Division of Professional Regulation. All complaints shall be received and investigated by the Division in accordance with the procedures as specified in § 8735 of Title 29. The Division shall be responsible for issuing a final written report at the conclusion of the investigation.
70 Del. Laws, c. 582, § 1.;
§ 5315. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that any of the conditions or violations set forth in § 5313 of this title applies to a practitioner regulated by this chapter.
(1) Issue a letter of reprimand;
(2) Publicly censure a practitioner;
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board; and/or
c. Continue or renew the practitioner's professional education until the required degree of skill has been attained in those areas which are the basis of the probation;
(4) Suspend any practitioner's license or certification;
(5) Revoke a practitioner's license or certification.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) The Board may temporarily suspend a practitioner's license or certification in advance of a final adjudication, during the appeals process, but only in cases where there is a clear and immediate danger to the health, safety and welfare of the public if the licensee or certificant is allowed to continue to practice. Such suspension may be appealed in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
(d) Where a licensee or certificant has been suspended due to a disability of the licensee or certificant, the Board, at a Board meeting, may reinstate such licensee or certificant if the Board is satisfied that the licensee or certificant is able to practice with reasonable skill and safety.
(e) As a condition of reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
70 Del. Laws, c. 582, § 1.;
§ 5316. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 5313 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
70 Del. Laws, c. 582, § 1.;
§ 5317. Penalties.
A person not currently licensed as a massage or bodywork therapist or certified as a massage technician under this chapter, when guilty of engaging in the practice of massage or bodywork therapy or of practicing as a massage technician, or using in connection with the practitioner's own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice massage or bodywork therapy, or to act as a massage technician, such offender shall be guilty of a misdemeanor. Upon the first offense, the practitioner shall be fined not less than $100, nor more than $500 for each offense. For a second or subsequent conviction, the fine shall be not less than $500, nor no more than $1,000 for each offense. Superior Court shall have jurisdiction over all violations of this chapter.
70 Del. Laws, c. 582, § 1.;