17-86-102. Definitions.

17-86-102. Definitions. As used in this chapter: (1) “Licensee” means an individual licensed under this chapter; (2)(A) “Massage therapist” means a person who has: (i) Earned a diploma from a State Board of Health accepted school of massage therapy; (ii) Passed an examination required or accepted by the State Board of Health; and (iii) Become licensed and registered to practice massage therapy. (B) “Massage therapist” includes a person who has previously obtained the massage therapist license under prior state law. (C) A massage therapist may: (i) Instruct continuing education programs approved by the Department of Health; and (ii) Assist in the instruction of the procedures defined in subdivisions (3)(A)-(C) of this section under the direct supervision of a massage therapy instructor or master massage therapist; (3)(A) “Massage therapy” means the treatment of soft tissues, which may include skin, fascia, and muscles and their dysfunctions for therapeutic purposes of establishing and maintaining good physical condition, comfort, and relief of pain. (B) “Massage therapy” is a healthcare service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, and stretching the tissue. (C) “Massage therapy” also means to engage in the practice of any of the following procedures: (i) Massage therapy techniques and procedures, either hands-on or with mechanical devices; (ii) Therapeutic application and use of oils, herbal or chemical preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa services; (iii) Therapeutic application of hot or cold packs; (iv) Hydrotherapy techniques; (v) Heliotherapy, which may include mechanical devices, heat lamps, and other devices; (vi) Electrotherapy; (vii) Any hands-on bodywork techniques and procedures rising to the level of the techniques and procedures intended to be regulated under this chapter and not covered under specific licensing laws of other boards; and (viii) Cupping therapy; (4) “Massage therapy clinic” means a clinic, place, premises, building, or part of a building in which a branch or any combination of branches of massage therapy or the occupation of a massage therapist is practiced; (5)(A) “Massage therapy instructor” means a person who: (i) Before July 1, 2010, has completed no less than two hundred fifty (250) hours of practical experience as a master massage therapist, which may be gained, in part or in whole, as an assistant to an instructor in a massage school or may be gained, in part or in whole, as a directed instructor in a massage school and has completed no less than two hundred fifty (250) continuing education hours as approved by the department; (ii) On or after July 1, 2010, has been an active and practicing licensee and registered as a master massage therapist for a period of not less than three (3) years preceding the application for an upgrade to massage therapy instructor; (iii) On or after July 1, 2010, in addition to the experience under subdivision (5)(A)(i) of this section, has completed no less than two hundred fifty (250) continuing education hours as approved by the department as a licensed master massage therapist; and (iv) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) “Massage therapy instructor” includes a person who has previously obtained the massage therapy instructor license under prior state law. (C) Massage therapy instructors may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e); (6) “Massage therapy school” means a registered and licensed facility that meets and follows the required educational standards as established by § 17-86-306 and all pertinent rules established by the State Board of Health; (7) “Massage therapy spa” means a site or premises, or portion of a site or premises, in which a massage therapist practices massage; (8)(A) “Master massage therapist” means a person who: (i) Before July 1, 2010, is a licensed and registered massage therapist who has completed no fewer than two hundred fifty (250) hours of practical experience as a massage therapist, which may be gained in part or in whole as an assistant to an instructor in a massage school and has completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; (ii) On or after July 1, 2010, has been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; (iii) On or after July 1, 2010, in addition to the experience under subdivision (8)(A)(i) of this section, has completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; and (iv) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) “Master massage therapist” includes a person who has previously obtained the master massage therapist license under a prior state law. (C) Master massage therapists may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct, as directed by a massage therapy instructor, basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e); (9) “Postsecondary massage therapy school” means a massage therapy school that: (A) Offers a postsecondary curriculum approved by the State Board of Health; and (B) Has an enrollment in which no more than fifty percent (50%) of its students do not have a high school diploma or the recognized equivalent of a high school diploma; (10) “Sexual misconduct” includes: (A) A range of behavior used to obtain sexual gratification against another's will, at the expense of another, without the client's knowledge, engaging in sexual activity for profit, or a combination of any of these activities; (B) Massage of the genitalia, anus, and, except under specific circumstances, the breast; and (C) Sexual activity with consent of a client or at the request of a client; and (11) “This chapter” means the “Massage Therapy Act”, § 17-86-101 et seq.