Chapter 402
S.P. 659 - L.D. 1842
PART II
Sec. II-1. 32 MRSA §14302, sub-§3, as enacted by PL 1991, c. 403, §1, is repealed.
Sec. II-2. 32 MRSA §14302, sub-§4, as enacted by PL 1991, c. 403, §1, is repealed.
Sec. II-3. 32 MRSA §14302, sub-§5, as amended by PL 1997, c. 681, §2, is repealed.
Sec. II-4. 32 MRSA §14302, sub-§6, as amended by PL 1997, c. 681, §2, is repealed.
Sec. II-5. 32 MRSA §14306-D, as amended by PL 2001, c. 323, §31, is further amended to read:
Each applicant for licensure must demonstrate competence to engage in the practice of massage therapy in a manner that safeguards the interests of the public.
1. Requirements.
The following requirements are considered minimum evidence satisfactory to the department that an applicant is qualified for licensure under this chapter. An applicant must:A. Pass the examination sponsored by the National Certification Examination Board for Therapeutic Massage and Bodywork administered by the Psychological Corporation or the Federation of State Massage Therapy Boards or its their successor organization or other organizations approved by the department; or demonstrate completion of a course of training consisting of 500 or more hours approved by the department;
B. Be 18 years of age or older;
C. Possess a high school diploma or its equivalent; and
D. Furnish to the department a signed photograph of the applicant. The photograph must be a minimum of 5 inches by 3 inches; and
E. Pay a one time an application fee and an annual licensing fee as set under section 14306-G. All fees are nonrefundable.
2. Existing certified massage therapists.
Upon renewal of duly issued certification as a massage therapist, a person who remits appropriate fees within one year after the effective date of this section may be issued a license by the department.
Sec. II-6. 32 MRSA §14306-E, as amended by PL 2001, c. 323, §32, is repealed.
Sec. II-7. 32 MRSA §14306-F, sub-§1, as amended by PL 2001, c. 323, §33, is further amended to read:
1. Renewal.
Each individual who applies for licensure shall fill out a form designated by the department. A license expires annually on the date of the individual's initial licensure or on such other date as the commissioner determines renewal fee as set under section 14306-G must be paid by the licensee. Notice of expiration must be mailed to a licensed massage therapist's last known address at least 30 days before the expiration of the license. The notice must include requests for any information necessary for renewal. A late fee is assessed on any license renewal that is postmarked later than the anniversary date of the individual's initial licensure. Licenses issued under this chapter expire annually on their anniversary date or as otherwise provided by the commissioner. Any license not renewed by its date of expiration automatically expires. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 14306-G. If, after 90 days from the anniversary date, an individual has not renewed the license, the individual must reapply for licensure.
Sec. II-8. 32 MRSA §14308, as corrected by RR 1997, c. 2, §56, is repealed.
Sec. II-9. 32 MRSA §14308-A is enacted to read:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the commissioner may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
1. Habitual substance abuse.
Habitual substance abuse that has resulted or is forseeably likely to result in the applicant's or licensee's performing services in a manner that endangers the health or safety of clients;
2. Mental incompetence.
A current medical finding of mental incompetence that affects the applicant's or licensee's ability to perform that person's occupation in a healthy and safe manner; or
3. Revocation or denial.
Revocation in any state of a professional or occupational license, certification or registration for disciplinary reasons or rejection of any application for reasons related to untrustworthiness, within 3 years of the date of application.
Sec. II-10. 32 MRSA §14309, as amended by PL 2001, c. 421, Pt. B, §105 and affected by Pt. C, §1, is further amended to read:
A person who violates any provision of this chapter for which a penalty has not been prescribed commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged section 14306-C is subject to the provisions of Title 10, section 8003-C. The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether other administrative, civil or criminal proceedings have been or may be instituted.
Sec. II-11. 32 MRSA §14311, as enacted by PL 1993, c. 245, §10, is repealed.