The primary objective of the Board of Massage and Bodywork, to which all other objectives and purposes are secondary, is to
protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter,
from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain
standards in the delivery of services to the public. In meeting its objectives the Board shall develop standards assuring
professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at
formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners,
both licensed or certified, or formerly licensed or certified.
70 Del. Laws, c. 582, § 1.;
§ 5302. Definitions.
The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section,
except where the context clearly indicates a different meaning:
(1) "Board" shall mean the State Board of Massage and Bodywork established in this chapter.
(2) "Division" shall mean the Division of Professional Regulation of the Department of State of Delaware.
(3) "Massage and bodywork therapist" shall mean a person who represents himself or herself to the public by any title or description
of services incorporating the words "bodywork," "massage," "massage therapist," "massage therapy," "massage practitioner,"
"massagist," "masseur," "masseuse," or who engages in the practice of massage and bodywork for a fee, monetary or otherwise.
(4) "Massage technician" shall mean a person, who is certified with the Board to perform certain functions within the practice
of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words
"bodywork," "massage," "massage practitioner," "massagist," "masseur," "masseuse," or certified massage technician" but shall
be prohibited from using the words "therapist" or "therapy."
(5) "Person" shall mean a corporation, company, association and partnership, as well as an individual.
(6) "Practice of massage and bodywork" shall mean a system of structured touch applied to the superficial or deep tissue,
muscle, or connective tissue, by applying pressure with manual means. Such application may include, but is not limited to,
friction, gliding, rocking, tapping, kneading, or nonspecific stretching, whether or not aided by massage oils or the application
of hot and cold treatments. The practice of massage and bodywork is designed to promote general relaxation, enhance circulation,
improve joint mobilization and/or relieve stress and muscle tension, and to promote a general sense of well-being.
The practice of massage and bodywork excludes actions by any person, who is certified or licensed in this State by any other
law, and who is engaged in the profession or occupation for which that person is certified or licensed, and actions by any
person engaged in an occupation which does not require a certificate or certification, including, but not limited to, physical
education teachers, athletic coaches, health or recreation directors, instructors at health clubs or spas, martial arts, water
safety and dance instructors, or coaches and practitioners of techniques, who are acting within the scope of activity for
which they are trained, or students of massage who are practicing within the scope of their course of study.
(7) "State" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam;
except that "this State" means the State of Delaware.
(8) "Substantially related" means the nature of the criminal conduct, for which the person was convicted, has a direct bearing
on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of massage
and bodywork.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 98; 75 Del. Laws, c. 88, § 17(2).;
§ 5303. Board of Massage and Bodywork; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences;
compensation.
(a) There is created a state Board of Massage and Bodywork, which shall administer and enforce this chapter.
(b) The Board shall consist of 7 members appointed by the Governor, who are residents of this state: Two of whom shall be
massage and bodywork therapists licensed under this chapter; 2 shall be massage technicians, certified under this chapter;
and 3 shall be members of the public. The public members shall not be, nor ever have been, massage and bodywork therapists,
massage technicians, nor members of the immediate family of a massage and bodywork therapist or massage technician; shall
not have been employed by a massage and bodywork therapist or massage technician; shall not have a material interest in the
providing of goods and services to massage and bodywork therapists or massage technicians; nor have been engaged in an activity
directly related to massage. The public members shall be accessible to inquiries, comments and suggestions from the general
public.
(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself
or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member
may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall
hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified
in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced
by the Governor.
(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but, no such person
shall thereafter be eligible for 2 consecutive appointments to the Board. No person, who has been twice appointed to the Board
or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim
period of at least 1 year has expired since such person last served.
(e) Members of the initial Board shall be appointed by the Governor such that 1 massage and bodywork therapist, 1 massage
technician, and 1 public member shall serve a term of 3 years; 1 massage and bodywork therapist, 1 massage technician and
1 public member shall serve a term of 2 years; and 1 public member shall serve a term of 1 year.
(f) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this
chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section,
unless such an amendment or revision amends this section to permit such an appointment.
(g) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct,
incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until
the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the
Superior Court.
(h) No member of the Board, while serving on the Board, shall hold elective office in any professional association of massage
or bodywork practitioners.
(i) The provisions set forth for "employees" in Chapter 58 of Title 29 shall apply to all members of the Board, and to all
agents appointed or otherwise employed by the Board.
(j) Any member who is absent without adequate reason for 3 consecutive meetings, or fails to attend at least half of all regular
business meetings during any calendar year, shall be guilty of neglect of duty and automatically shall be considered to have
resigned from the Board.
(k) Each member of the Board shall be reimbursed, according to Division policy, for all expenses involved in each meeting,
including travel; and, in addition, shall receive not more than $50 for each meeting attended but not more than $500 in any
calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended
in that year.
68 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 404, § 1; 70 Del. Laws, c. 582, § 1.;
§ 5304. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such
times as the President deems necessary; or at the request of a majority of the Board members.
(b) The Board shall elect, in the same month of each year, a president, vice-president and secretary. Each officer shall serve
for 1 year, and may succeed himself or herself for 1 additional term.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. A quorum of 4 members of
the Board is required to certify and license applicants or to suspend or revoke a license. All other actions will be by simple
majority vote.
(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing where evidence
is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript
shall be incurred by the person requesting it.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5305. Records.
The Division shall keep a register of all approved applications for license as massage and bodywork therapist and for certification
as massage technician, and complete records relating to meetings of the Board, examinations, rosters, changes and additions
to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records
shall be prima facie evidence of the proceedings of the Board.
70 Del. Laws, c. 582, § 1.;
§ 5306. Powers and duties.
(a) The Board of Massage and Bodywork shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated
in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall
implement or clarify a specific section of this chapter;
(2) Designate the application form to be used by all applicants, and process all applications;
(3) Designate the written examination to be taken by all persons applying for licensure as massage and bodywork therapists,
subject to approval by the Director of the Division; applicants who qualify for licensure as massage and bodywork therapists
by reciprocity shall have achieved a passing score on the written examination. Those practitioners currently certified in
this State who have successfully passed the written examination shall not be required to retake the written examination when
applying for licensure as massage and bodywork therapists;
(4) If the examination is not otherwise available, to provide for the administration of all examinations, including notice
and information to applicants. The Board shall adopt a nationally-prepared and administered massage and bodywork therapy examination,
subject to approval by the Director of the Division;
(5) Evaluate the credentials of all persons applying for a license to practice massage and bodywork therapy in Delaware and
of all persons applying for certification as massage technicians, in order to determine whether such persons meet the qualifications
for licensing or certification set forth in this chapter;
(6) Grant licenses to, and renew licenses and certifications of, all persons who meet the qualifications for licensure and/or
renewal of licenses; and grant certificates to persons who meet the qualifications for massage technicians;
(7) Establish by rule and regulation continuing education standards required for license and certificate renewal;
(8) Evaluate certified records to determine whether an applicant for licensure or certification, who previously has been licensed,
certified, or registered in another jurisdiction to practice massage and/or bodywork, has engaged in any act or offense that
would be grounds for disciplinary action under this chapter; and whether there are disciplinary proceedings or unresolved
complaints pending against such applicants for such acts or offenses;
(9) Refer all complaints from licensees and the public concerning licensed massage and bodywork therapists and certified massage
technicians, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735
of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the
technical aspects of the complaint;
(10) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of
Title 29 and § 8735 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern.
The Board shall determine whether or not a massage and bodywork therapist or massage technician shall be subject to a disciplinary
hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter
101 of Title 29]; and
(11) When it has been determined, after a disciplinary hearing, that penalties or sanctions should be imposed, to designate
and impose the appropriate sanction or penalty after time for appeal has lapsed.
(b) The Board of Massage and Bodywork shall promulgate regulations specifically identifying those crimes which are substantially
related to the practice of massage and bodywork.
70 Del. Laws, c. 582, § 1; 74 Del. Laws, c. 262, § 99.;
The primary objective of the Board of Massage and Bodywork, to which all other objectives and purposes are secondary, is to
protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter,
from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain
standards in the delivery of services to the public. In meeting its objectives the Board shall develop standards assuring
professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at
formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners,
both licensed or certified, or formerly licensed or certified.
70 Del. Laws, c. 582, § 1.;
§ 5302. Definitions.
The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section,
except where the context clearly indicates a different meaning:
(1) "Board" shall mean the State Board of Massage and Bodywork established in this chapter.
(2) "Division" shall mean the Division of Professional Regulation of the Department of State of Delaware.
(3) "Massage and bodywork therapist" shall mean a person who represents himself or herself to the public by any title or description
of services incorporating the words "bodywork," "massage," "massage therapist," "massage therapy," "massage practitioner,"
"massagist," "masseur," "masseuse," or who engages in the practice of massage and bodywork for a fee, monetary or otherwise.
(4) "Massage technician" shall mean a person, who is certified with the Board to perform certain functions within the practice
of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words
"bodywork," "massage," "massage practitioner," "massagist," "masseur," "masseuse," or certified massage technician" but shall
be prohibited from using the words "therapist" or "therapy."
(5) "Person" shall mean a corporation, company, association and partnership, as well as an individual.
(6) "Practice of massage and bodywork" shall mean a system of structured touch applied to the superficial or deep tissue,
muscle, or connective tissue, by applying pressure with manual means. Such application may include, but is not limited to,
friction, gliding, rocking, tapping, kneading, or nonspecific stretching, whether or not aided by massage oils or the application
of hot and cold treatments. The practice of massage and bodywork is designed to promote general relaxation, enhance circulation,
improve joint mobilization and/or relieve stress and muscle tension, and to promote a general sense of well-being.
The practice of massage and bodywork excludes actions by any person, who is certified or licensed in this State by any other
law, and who is engaged in the profession or occupation for which that person is certified or licensed, and actions by any
person engaged in an occupation which does not require a certificate or certification, including, but not limited to, physical
education teachers, athletic coaches, health or recreation directors, instructors at health clubs or spas, martial arts, water
safety and dance instructors, or coaches and practitioners of techniques, who are acting within the scope of activity for
which they are trained, or students of massage who are practicing within the scope of their course of study.
(7) "State" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam;
except that "this State" means the State of Delaware.
(8) "Substantially related" means the nature of the criminal conduct, for which the person was convicted, has a direct bearing
on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of massage
and bodywork.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 98; 75 Del. Laws, c. 88, § 17(2).;
§ 5303. Board of Massage and Bodywork; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences;
compensation.
(a) There is created a state Board of Massage and Bodywork, which shall administer and enforce this chapter.
(b) The Board shall consist of 7 members appointed by the Governor, who are residents of this state: Two of whom shall be
massage and bodywork therapists licensed under this chapter; 2 shall be massage technicians, certified under this chapter;
and 3 shall be members of the public. The public members shall not be, nor ever have been, massage and bodywork therapists,
massage technicians, nor members of the immediate family of a massage and bodywork therapist or massage technician; shall
not have been employed by a massage and bodywork therapist or massage technician; shall not have a material interest in the
providing of goods and services to massage and bodywork therapists or massage technicians; nor have been engaged in an activity
directly related to massage. The public members shall be accessible to inquiries, comments and suggestions from the general
public.
(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself
or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member
may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall
hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified
in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced
by the Governor.
(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but, no such person
shall thereafter be eligible for 2 consecutive appointments to the Board. No person, who has been twice appointed to the Board
or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim
period of at least 1 year has expired since such person last served.
(e) Members of the initial Board shall be appointed by the Governor such that 1 massage and bodywork therapist, 1 massage
technician, and 1 public member shall serve a term of 3 years; 1 massage and bodywork therapist, 1 massage technician and
1 public member shall serve a term of 2 years; and 1 public member shall serve a term of 1 year.
(f) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this
chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section,
unless such an amendment or revision amends this section to permit such an appointment.
(g) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct,
incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until
the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the
Superior Court.
(h) No member of the Board, while serving on the Board, shall hold elective office in any professional association of massage
or bodywork practitioners.
(i) The provisions set forth for "employees" in Chapter 58 of Title 29 shall apply to all members of the Board, and to all
agents appointed or otherwise employed by the Board.
(j) Any member who is absent without adequate reason for 3 consecutive meetings, or fails to attend at least half of all regular
business meetings during any calendar year, shall be guilty of neglect of duty and automatically shall be considered to have
resigned from the Board.
(k) Each member of the Board shall be reimbursed, according to Division policy, for all expenses involved in each meeting,
including travel; and, in addition, shall receive not more than $50 for each meeting attended but not more than $500 in any
calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended
in that year.
68 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 404, § 1; 70 Del. Laws, c. 582, § 1.;
§ 5304. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such
times as the President deems necessary; or at the request of a majority of the Board members.
(b) The Board shall elect, in the same month of each year, a president, vice-president and secretary. Each officer shall serve
for 1 year, and may succeed himself or herself for 1 additional term.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. A quorum of 4 members of
the Board is required to certify and license applicants or to suspend or revoke a license. All other actions will be by simple
majority vote.
(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing where evidence
is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript
shall be incurred by the person requesting it.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5305. Records.
The Division shall keep a register of all approved applications for license as massage and bodywork therapist and for certification
as massage technician, and complete records relating to meetings of the Board, examinations, rosters, changes and additions
to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records
shall be prima facie evidence of the proceedings of the Board.
70 Del. Laws, c. 582, § 1.;
§ 5306. Powers and duties.
(a) The Board of Massage and Bodywork shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated
in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall
implement or clarify a specific section of this chapter;
(2) Designate the application form to be used by all applicants, and process all applications;
(3) Designate the written examination to be taken by all persons applying for licensure as massage and bodywork therapists,
subject to approval by the Director of the Division; applicants who qualify for licensure as massage and bodywork therapists
by reciprocity shall have achieved a passing score on the written examination. Those practitioners currently certified in
this State who have successfully passed the written examination shall not be required to retake the written examination when
applying for licensure as massage and bodywork therapists;
(4) If the examination is not otherwise available, to provide for the administration of all examinations, including notice
and information to applicants. The Board shall adopt a nationally-prepared and administered massage and bodywork therapy examination,
subject to approval by the Director of the Division;
(5) Evaluate the credentials of all persons applying for a license to practice massage and bodywork therapy in Delaware and
of all persons applying for certification as massage technicians, in order to determine whether such persons meet the qualifications
for licensing or certification set forth in this chapter;
(6) Grant licenses to, and renew licenses and certifications of, all persons who meet the qualifications for licensure and/or
renewal of licenses; and grant certificates to persons who meet the qualifications for massage technicians;
(7) Establish by rule and regulation continuing education standards required for license and certificate renewal;
(8) Evaluate certified records to determine whether an applicant for licensure or certification, who previously has been licensed,
certified, or registered in another jurisdiction to practice massage and/or bodywork, has engaged in any act or offense that
would be grounds for disciplinary action under this chapter; and whether there are disciplinary proceedings or unresolved
complaints pending against such applicants for such acts or offenses;
(9) Refer all complaints from licensees and the public concerning licensed massage and bodywork therapists and certified massage
technicians, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735
of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the
technical aspects of the complaint;
(10) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of
Title 29 and § 8735 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern.
The Board shall determine whether or not a massage and bodywork therapist or massage technician shall be subject to a disciplinary
hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter
101 of Title 29]; and
(11) When it has been determined, after a disciplinary hearing, that penalties or sanctions should be imposed, to designate
and impose the appropriate sanction or penalty after time for appeal has lapsed.
(b) The Board of Massage and Bodywork shall promulgate regulations specifically identifying those crimes which are substantially
related to the practice of massage and bodywork.
70 Del. Laws, c. 582, § 1; 74 Del. Laws, c. 262, § 99.;
The primary objective of the Board of Massage and Bodywork, to which all other objectives and purposes are secondary, is to
protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter,
from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain
standards in the delivery of services to the public. In meeting its objectives the Board shall develop standards assuring
professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at
formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners,
both licensed or certified, or formerly licensed or certified.
70 Del. Laws, c. 582, § 1.;
§ 5302. Definitions.
The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section,
except where the context clearly indicates a different meaning:
(1) "Board" shall mean the State Board of Massage and Bodywork established in this chapter.
(2) "Division" shall mean the Division of Professional Regulation of the Department of State of Delaware.
(3) "Massage and bodywork therapist" shall mean a person who represents himself or herself to the public by any title or description
of services incorporating the words "bodywork," "massage," "massage therapist," "massage therapy," "massage practitioner,"
"massagist," "masseur," "masseuse," or who engages in the practice of massage and bodywork for a fee, monetary or otherwise.
(4) "Massage technician" shall mean a person, who is certified with the Board to perform certain functions within the practice
of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words
"bodywork," "massage," "massage practitioner," "massagist," "masseur," "masseuse," or certified massage technician" but shall
be prohibited from using the words "therapist" or "therapy."
(5) "Person" shall mean a corporation, company, association and partnership, as well as an individual.
(6) "Practice of massage and bodywork" shall mean a system of structured touch applied to the superficial or deep tissue,
muscle, or connective tissue, by applying pressure with manual means. Such application may include, but is not limited to,
friction, gliding, rocking, tapping, kneading, or nonspecific stretching, whether or not aided by massage oils or the application
of hot and cold treatments. The practice of massage and bodywork is designed to promote general relaxation, enhance circulation,
improve joint mobilization and/or relieve stress and muscle tension, and to promote a general sense of well-being.
The practice of massage and bodywork excludes actions by any person, who is certified or licensed in this State by any other
law, and who is engaged in the profession or occupation for which that person is certified or licensed, and actions by any
person engaged in an occupation which does not require a certificate or certification, including, but not limited to, physical
education teachers, athletic coaches, health or recreation directors, instructors at health clubs or spas, martial arts, water
safety and dance instructors, or coaches and practitioners of techniques, who are acting within the scope of activity for
which they are trained, or students of massage who are practicing within the scope of their course of study.
(7) "State" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam;
except that "this State" means the State of Delaware.
(8) "Substantially related" means the nature of the criminal conduct, for which the person was convicted, has a direct bearing
on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of massage
and bodywork.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 98; 75 Del. Laws, c. 88, § 17(2).;
§ 5303. Board of Massage and Bodywork; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences;
compensation.
(a) There is created a state Board of Massage and Bodywork, which shall administer and enforce this chapter.
(b) The Board shall consist of 7 members appointed by the Governor, who are residents of this state: Two of whom shall be
massage and bodywork therapists licensed under this chapter; 2 shall be massage technicians, certified under this chapter;
and 3 shall be members of the public. The public members shall not be, nor ever have been, massage and bodywork therapists,
massage technicians, nor members of the immediate family of a massage and bodywork therapist or massage technician; shall
not have been employed by a massage and bodywork therapist or massage technician; shall not have a material interest in the
providing of goods and services to massage and bodywork therapists or massage technicians; nor have been engaged in an activity
directly related to massage. The public members shall be accessible to inquiries, comments and suggestions from the general
public.
(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself
or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member
may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall
hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified
in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced
by the Governor.
(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but, no such person
shall thereafter be eligible for 2 consecutive appointments to the Board. No person, who has been twice appointed to the Board
or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim
period of at least 1 year has expired since such person last served.
(e) Members of the initial Board shall be appointed by the Governor such that 1 massage and bodywork therapist, 1 massage
technician, and 1 public member shall serve a term of 3 years; 1 massage and bodywork therapist, 1 massage technician and
1 public member shall serve a term of 2 years; and 1 public member shall serve a term of 1 year.
(f) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this
chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section,
unless such an amendment or revision amends this section to permit such an appointment.
(g) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct,
incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until
the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the
Superior Court.
(h) No member of the Board, while serving on the Board, shall hold elective office in any professional association of massage
or bodywork practitioners.
(i) The provisions set forth for "employees" in Chapter 58 of Title 29 shall apply to all members of the Board, and to all
agents appointed or otherwise employed by the Board.
(j) Any member who is absent without adequate reason for 3 consecutive meetings, or fails to attend at least half of all regular
business meetings during any calendar year, shall be guilty of neglect of duty and automatically shall be considered to have
resigned from the Board.
(k) Each member of the Board shall be reimbursed, according to Division policy, for all expenses involved in each meeting,
including travel; and, in addition, shall receive not more than $50 for each meeting attended but not more than $500 in any
calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended
in that year.
68 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 404, § 1; 70 Del. Laws, c. 582, § 1.;
§ 5304. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such
times as the President deems necessary; or at the request of a majority of the Board members.
(b) The Board shall elect, in the same month of each year, a president, vice-president and secretary. Each officer shall serve
for 1 year, and may succeed himself or herself for 1 additional term.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. A quorum of 4 members of
the Board is required to certify and license applicants or to suspend or revoke a license. All other actions will be by simple
majority vote.
(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing where evidence
is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript
shall be incurred by the person requesting it.
70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5305. Records.
The Division shall keep a register of all approved applications for license as massage and bodywork therapist and for certification
as massage technician, and complete records relating to meetings of the Board, examinations, rosters, changes and additions
to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records
shall be prima facie evidence of the proceedings of the Board.
70 Del. Laws, c. 582, § 1.;
§ 5306. Powers and duties.
(a) The Board of Massage and Bodywork shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated
in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall
implement or clarify a specific section of this chapter;
(2) Designate the application form to be used by all applicants, and process all applications;
(3) Designate the written examination to be taken by all persons applying for licensure as massage and bodywork therapists,
subject to approval by the Director of the Division; applicants who qualify for licensure as massage and bodywork therapists
by reciprocity shall have achieved a passing score on the written examination. Those practitioners currently certified in
this State who have successfully passed the written examination shall not be required to retake the written examination when
applying for licensure as massage and bodywork therapists;
(4) If the examination is not otherwise available, to provide for the administration of all examinations, including notice
and information to applicants. The Board shall adopt a nationally-prepared and administered massage and bodywork therapy examination,
subject to approval by the Director of the Division;
(5) Evaluate the credentials of all persons applying for a license to practice massage and bodywork therapy in Delaware and
of all persons applying for certification as massage technicians, in order to determine whether such persons meet the qualifications
for licensing or certification set forth in this chapter;
(6) Grant licenses to, and renew licenses and certifications of, all persons who meet the qualifications for licensure and/or
renewal of licenses; and grant certificates to persons who meet the qualifications for massage technicians;
(7) Establish by rule and regulation continuing education standards required for license and certificate renewal;
(8) Evaluate certified records to determine whether an applicant for licensure or certification, who previously has been licensed,
certified, or registered in another jurisdiction to practice massage and/or bodywork, has engaged in any act or offense that
would be grounds for disciplinary action under this chapter; and whether there are disciplinary proceedings or unresolved
complaints pending against such applicants for such acts or offenses;
(9) Refer all complaints from licensees and the public concerning licensed massage and bodywork therapists and certified massage
technicians, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735
of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the
technical aspects of the complaint;
(10) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of
Title 29 and § 8735 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern.
The Board shall determine whether or not a massage and bodywork therapist or massage technician shall be subject to a disciplinary
hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter
101 of Title 29]; and
(11) When it has been determined, after a disciplinary hearing, that penalties or sanctions should be imposed, to designate
and impose the appropriate sanction or penalty after time for appeal has lapsed.
(b) The Board of Massage and Bodywork shall promulgate regulations specifically identifying those crimes which are substantially
related to the practice of massage and bodywork.
70 Del. Laws, c. 582, § 1; 74 Del. Laws, c. 262, § 99.;
