32-4222. Qualifications for licensure

A. An applicant for a license as a massage therapist shall:

1. Be at least eighteen years of age.

2. Be a citizen or legal resident of the United States.

3. Satisfy the requirements of section 32-4224.

4. Be of good moral character.

5. Receive either a high school diploma or general equivalency diploma or a similar document or certificate or submit proof that the applicant has passed an ability to benefit examination recognized by the United States department of education.

6. Pay the fees established pursuant to section 32-4227.

7. Not have, within five years preceding the date of the application, been convicted of:

(a) A class 1, 2 or 3 felony.

(b) A class 4, 5 or 6 felony offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

(c) A misdemeanor involving prostitution or solicitation or other similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

8. Within the past five years not have voluntarily surrendered a license under section 32-4254 or not have had a license to practice massage therapy or another similar license revoked by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction that would be subject to discipline pursuant to this chapter.

9. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that would be subject to discipline pursuant to this chapter. If the applicant is under investigation by a regulatory agency in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.

10. Submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board may charge the cost of each criminal background check to the applicant.

B. In addition to the requirements of subsection A of this section, an applicant for licensure as a massage therapist shall either:

1. Have successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom hours of supervised instruction at a board recognized school in this state that is accredited by an agency recognized by the secretary of the United States department of education.

2. Have done both of the following:

(a) Successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom hours of supervised instruction at a school in this state that is licensed by the state board of private postsecondary education or at a school outside of this state that is recognized by the board pursuant to section 32-4228.

(b) Successfully passed an examination administered by a national board accredited by the certifying agency that has been approved by the national commission on competency assurance and that is in good standing with that agency or have successfully passed an examination that is administered or approved by the board.

C. Notwithstanding subsection B of this section, a person who applies for a provisional license may be licensed by the board on demonstration of the qualifications prescribed in this subsection and subsection A of this section on or before January 1, 2006 and subject to the requirements of this section. A person may qualify for a license under this subsection if the person either:

1. Has completed a minimum of two hundred hours of education and training in the study of massage therapy or bodywork therapy and the person has continuously practiced massage therapy in this state for at least three years before May 12, 2003. The two hundred hours of education and training required by this paragraph must be taken in a massage or bodywork training program that is approved by either a community college located in this state or the state board for private postsecondary education or a similar agency of another state that imposes requirements that are substantially equivalent to the requirements of the state board for private postsecondary education. The training program required by this paragraph must consist of anatomy and physiology, massage theory and practice and ethics.

2. Demonstrates that the person has been self-supportive as a massage therapist in this state since from and after December 31, 1992.

3. Holds a current professional license from a political subdivision of this state that regulated the practice of massage therapy before May 12, 2003.

D. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country. On or after July 1, 2006, the board by rule may increase the minimum number of classroom hours of supervised instruction at a board recognized school that an applicant for licensure must successfully have completed.

E. If the board is satisfied that an applicant meets the requirements of this section, the board shall issue a license to the applicant.

32-4222. Qualifications for licensure

A. An applicant for a license as a massage therapist shall:

1. Be at least eighteen years of age.

2. Be a citizen or legal resident of the United States.

3. Satisfy the requirements of section 32-4224.

4. Be of good moral character.

5. Receive either a high school diploma or general equivalency diploma or a similar document or certificate or submit proof that the applicant has passed an ability to benefit examination recognized by the United States department of education.

6. Pay the fees established pursuant to section 32-4227.

7. Not have, within five years preceding the date of the application, been convicted of:

(a) A class 1, 2 or 3 felony.

(b) A class 4, 5 or 6 felony offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

(c) A misdemeanor involving prostitution or solicitation or other similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

8. Within the past five years not have voluntarily surrendered a license under section 32-4254 or not have had a license to practice massage therapy or another similar license revoked by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction that would be subject to discipline pursuant to this chapter.

9. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that would be subject to discipline pursuant to this chapter. If the applicant is under investigation by a regulatory agency in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.

10. Submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board may charge the cost of each criminal background check to the applicant.

B. In addition to the requirements of subsection A of this section, an applicant for licensure as a massage therapist shall either:

1. Have successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom hours of supervised instruction at a board recognized school in this state that is accredited by an agency recognized by the secretary of the United States department of education.

2. Have done both of the following:

(a) Successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom hours of supervised instruction at a school in this state that is licensed by the state board of private postsecondary education or at a school outside of this state that is recognized by the board pursuant to section 32-4228.

(b) Successfully passed an examination administered by a national board accredited by the certifying agency that has been approved by the national commission on competency assurance and that is in good standing with that agency or have successfully passed an examination that is administered or approved by the board.

C. Notwithstanding subsection B of this section, a person who applies for a provisional license may be licensed by the board on demonstration of the qualifications prescribed in this subsection and subsection A of this section on or before January 1, 2006 and subject to the requirements of this section. A person may qualify for a license under this subsection if the person either:

1. Has completed a minimum of two hundred hours of education and training in the study of massage therapy or bodywork therapy and the person has continuously practiced massage therapy in this state for at least three years before May 12, 2003. The two hundred hours of education and training required by this paragraph must be taken in a massage or bodywork training program that is approved by either a community college located in this state or the state board for private postsecondary education or a similar agency of another state that imposes requirements that are substantially equivalent to the requirements of the state board for private postsecondary education. The training program required by this paragraph must consist of anatomy and physiology, massage theory and practice and ethics.

2. Demonstrates that the person has been self-supportive as a massage therapist in this state since from and after December 31, 1992.

3. Holds a current professional license from a political subdivision of this state that regulated the practice of massage therapy before May 12, 2003.

D. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country. On or after July 1, 2006, the board by rule may increase the minimum number of classroom hours of supervised instruction at a board recognized school that an applicant for licensure must successfully have completed.

E. If the board is satisfied that an applicant meets the requirements of this section, the board shall issue a license to the applicant.