Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 127. Massage Therapists (heading. Rr 1991, C. 2, @124 (cor))

Title 32 - §14301. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14301. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 403, §1 (new).]

1. Commissioner. "Commissioner" means Commissioner of Professional and Financial Regulation. [1991, c. 403, §1 (new).]

2. Department. "Department" means Department of Professional and Financial Regulation. [1991, c. 403, §1 (new).]

3. Massage therapist or massage practitioner. "Massage therapist" or "massage practitioner" means a person who provides or offers to provide massage therapy for a fee, monetary or otherwise. [1997, c. 681, §1 (amd).]

4. Massage therapy. "Massage therapy" means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well-being. The term includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact as defined in Title 17-A, section 251, subsection 1, paragraph D. [1991, c. 548, Pt. E (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14302. Commissioner; powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14302. Commissioner; powers and duties

The commissioner or the commissioner's designee has the following powers and duties in addition to all other powers and duties set forth in this chapter. [1991, c. 403, §1 (new).]

1. Standards. The commissioner shall administer and enforce this chapter. [1991, c. 403, §1 (new).]

2. Rules. The commissioner shall adopt rules in accordance with the Maine Administrative Procedure Act necessary to carry out the purposes of this chapter. [1991, c. 403, §1 (new).]

3. Complaints. The commissioner shall investigate or cause to be investigated all complaints concerning violations of this chapter or rules adopted by the department, made on the commissioner's own motion or on written complaint filed with the department, and all cases of noncompliance with or violation of this chapter or any rules adopted by the department. [1991, c. 403, §1 (new).]

4. Contracts. The commissioner may enter into contracts to carry out the commissioner's responsibilities under this chapter. [1991, c. 403, §1 (new).]

5. Register. The commissioner shall make available, at cost, a register that contains the names of all individuals licensed under this chapter. [1997, c. 681, §2 (amd).]

6. Hearings. The commissioner may conduct hearings to assist with investigations and to determine whether grounds exist for denial of license renewal, suspension of license or other action necessary to the fulfillment of the commissioner's responsibilities under this chapter. [1997, c. 681, §2 (amd).]

7. Advisory council. [2005, c. 294, §25 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14303. Employees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14303. Employees (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14304. Registration (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14304. Registration (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14305. Requirements for registration (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14305. Requirements for registration (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306-A. Certification (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306-A. Certification (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306-B. Requirements for certification (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306-B. Requirements for certification (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306-C. Licensing

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306-C. Licensing

1. License required. Beginning on the effective date of this section, a person may not, unless specifically exempted by this chapter, claim to be a massage therapist or a massage practitioner unless licensed in accordance with this chapter. [1997, c. 681, §7 (new).]

2. Individual licensing. Only an individual who is qualified under this chapter may be issued a license to practice massage therapy. [1997, c. 681, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306-D. Requirements for licensure; massage therapists

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306-D. Requirements for licensure; massage therapists

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. [1997, c. 681, §7 (new).]

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 National Certification Examination for Therapeutic Massage and Bodywork administered by the Psychological Corporation or its successor organization; or demonstrate completion of a course of training consisting of 500 or more hours approved by the department; [1997, c. 681, §7 (new).]

B. Be 18 years of age or older; [1997, c. 681, §7 (new).]

C. Possess a high school diploma or its equivalent; [1997, c. 681, §7 (new).]

D. Furnish to the department a signed photograph of the applicant. The photograph must be a minimum of 5 inches by 3 inches; and [1997, c. 681, §7 (new).]

E. Pay a one time application fee and an annual licensing fee. All fees are nonrefundable. [2001, c. 323, §31 (amd).]

[2001, c. 323, §31 (amd).]

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. [1997, c. 681, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306-E. Requirements for licensure; registered massage practitioners

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306-E. Requirements for licensure; registered massage practitioners

1. Use of "registered massage practitioner" title until December 31, 2001. A massage practitioner who is registered by the State as of the effective date of this section may use the title "registered massage practitioner" to practice massage therapy pursuant to the renewal process until December 31, 2001. After December 31, 2001, only licensed massage therapists may use the title "massage therapist" or the term "massage therapy" to identify the nature of their professional service. [1997, c. 681, Â§7 (new).]

2. Transition provisions. Prior to December 31, 2001, a massage practitioner registered as of the effective date of this section qualifies for licensure as a massage therapist if that person:

A. Demonstrates that the person has actively practiced massage therapy for a period of 5 years and has completed a minimum of 250 hours of formal education relevant to the profession of massage therapy; or [1997, c. 681, Â§7 (new).]

B. Demonstrates that the person has actively practiced massage therapy for a period of 10 years. [1997, c. 681, Â§7 (new).]

[1997, c. 681, Â§7 (new).]

3. Registration fee. Until December 31, 2001, massage practitioners who maintain their status as registered massage practitioners shall pay an annual registration fee. [2001, c. 323, Â§32 (amd).]

4. Effect of revocation or suspension. An individual may not be licensed under this chapter when the individual's license to practice massage therapy or any other professional health care license has been revoked or suspended in this State or any other state unless the period of revocation or suspension has been completed and the department has determined that an acceptable degree of rehabilitation has been accomplished. [1997, c. 681, Â§7 (new).]

5. Disciplinary actions; registered massage practitioners. Registered massage practitioners are subject to the same disciplinary provisions of section 14308 as are licensed massage therapists. [1997, c. 681, Â§7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306-F. Terms of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306-F. Terms of license

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. 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. If, after 90 days from the anniversary date, an individual has not renewed the license, the individual must reapply for licensure. [2001, c. 323, §33 (amd).]

2. Continuing education and supervision. The department, by rule, may establish continuing education and supervision requirements. An applicant for a renewal of a license must show proof of satisfying the continuing education requirements set forth by the department. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [1997, c. 681, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306-G. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306-G. Fees

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $100 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [2001, c. 323, §34 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14306. Registration not allowed (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14306. Registration not allowed (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14307. Exemptions to registration or certification

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14307. Exemptions to registration or certification

1. Other professionals. This chapter does not apply to the activities or services of members of other professions licensed, certified or registered by the State, including, but not limited to, physicians, chiropractors, physical therapists, cosmetologists or registered nurses performing soft tissue manipulation consistent with the laws of the State governing their practices, provided they do not use the title "massage therapist" or "massage practitioner." [1993, c. 245, §8 (amd).]

2. Other exemptions. This chapter does not apply to the activities and services of individuals who practice other forms of tissue work exclusive of massage therapy, such as rolfing, Trager, reflexology, Shiatsu, Reiki and polarity, if those practitioners do not use the title "massage therapist" or "massage practitioner," unless they choose to meet the requirements of this chapter. [1993, c. 245, §8 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14308. Disciplinary action; grounds; procedure; complaints

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14308. Disciplinary action; grounds; procedure; complaints

1. Grounds. The commissioner may suspend, revoke or refuse to renew a license under the same grounds as contained in Title 5, section 10004. In addition, the commissioner may take the same action granted to bureaus, boards and commissions pursuant to Title 10, section 8003, subsection 5. The commissioner's actions may be based on any of the following grounds:

A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the registration or certificate issued; [1997, c. 681, §8 (amd).]

B. Habitual substance abuse that has resulted or is forseeably likely to result in the regulated person performing services in a manner that endangers the health or safety of clients; [1993, c. 600, Pt. A, §278 (amd).]

C. A current medical finding of mental incompetence that affects the licensed person's ability to perform that person's occupation in a healthy and safe manner; [RR 1997, c. 2, §56 (cor).]

D. Aiding or abetting persons not duly licensed under this chapter who profess to be licensed; [1997, c. 681, §8 (amd).]

E. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or that directly relates to the practice of massage therapy or conviction of a crime for which incarceration for one year or more may be imposed; [1991, c. 403, §1 (new).]

F. 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; and [1991, c. 403, §1 (new).]

G. Violating any provisions of this chapter or any rule of the department. [1991, c. 403, §1 (new).]

[RR 1997, c. 2, §56 (cor).]

2. Procedure. Except as provided in Title 5, section 10004, a license may not be denied, suspended, revoked or refused for renewal for the reasons set forth in subsection 1 without prior written notice and opportunity for hearing on that denial, suspension or revocation. A license may not be denied, suspended or revoked under this section except by a decision of the commissioner or the commissioner's designee. [1997, c. 681, §8 (amd).]

3. Complaints. Any person may file a complaint with the commissioner seeking disciplinary action against a massage therapist or massage practitioner concerning violations of this chapter or rules adopted by the department. Complaints must be in writing. If the commissioner determines that a complaint alleges facts that, if true, would require denial, revocation, suspension or nonrenewal of the license or other disciplinary action of a licensed massage therapist, the commissioner or the commissioner's designee may conduct a hearing pursuant to the Maine Administrative Procedure Act. Whenever the commissioner establishes that a complaint does not state facts that warrant action, the complaint may be dismissed. The commissioner shall conduct proceedings under this subsection in accordance with the provisions of Title 5, chapter 375, subchapter IV. [1997, c. 681, §8 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14309. Penalty; injunction

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14309. Penalty; injunction

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. 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. [2001, c. 421, Pt. B, §105 (amd); Pt. C, §1 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14310. Home rule

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14310. Home rule

Nothing in this chapter prohibits a municipality from adopting or enforcing an ordinance that regulates massage, massage practitioners or massage therapists. If a municipality adopts such an ordinance, an individual must comply with the provisions of this chapter and any provision of the local ordinance that is more restrictive than this chapter. [1993, c. 245, §9 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §14311. Reciprocity

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 127: MASSAGE THERAPISTS (HEADING: RR 1991, c. 2, @124 (cor))
§14311. Reciprocity

Reciprocity is granted to individuals from other states as long as they meet the requirements of this chapter for status as certified massage therapists or registered massage practitioners and show proof of current certification or registration from their states. [1993, c. 245, §10 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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