17-86-311. Disciplinary actions and penalties.

17-86-311. Disciplinary actions and penalties. (a) The Massage Therapy Technical Advisory Committee may deny, suspend, place on probation, or revoke a license upon any one (1) of the following grounds: (1) A felony listed under § 17-3-102; (2) Malpractice or gross incompetency; (3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities; (4) Habitual drunkenness or habitual use of any illegal drugs; (5) Serving alcoholic beverages at the clinic or school in a room where massage therapy is being performed or in a massage therapy school; (6) Unprofessional conduct; (7) Failure to comply with the Department of Health's Massage Therapy Code of Ethics or any valid rule or order of the department; (8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy; (9) Failure of any licensee to comply with this chapter; or (10) Failure to have licensed personnel to perform massage therapy techniques in his or her clinic or school. (b)(1) The State Board of Health shall establish by rule the penalty system to be imposed under this section. (2) Whenever the committee finds that the holder of a license, certificate of registration, or other permit issued by the department is guilty of a violation of the rules of the department or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the department, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of license, certificate of registration, or other permit. (3)(A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the committee may require that the licensee or permit holder pay a penalty to the department. (B) The license, certificate of registration, or permit shall be suspended until the penalty is paid. (4)(A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate, or other permit only if the committee formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results. (B) The minimum penalty imposed by the committee in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction. (C) The authority of the committee to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation. (D) A person penalized by the committee under this chapter may appeal any order of the committee in the manner currently provided by law. (E) In addition to any other sanctions authorized by this chapter, the committee may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter. (c)(1) The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct is prohibited. (2) The committee shall revoke the license of a person who engages in the practice of massage of the breasts unless the massage therapist: (A) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and (B) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage. (3) A suspension of a license under subdivisions (c)(1) and (2) of this section shall be for a period of three (3) years. (d)(1) Charges may be brought by any person. (2) Any accusation of any of the offenses enumerated in this section may be filed with the committee. The accusations shall be in writing, signed by the accuser, and verified under oath. (e) In denying, suspending, or revoking any license, the committee shall afford any party review as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and as otherwise provided by the rules of the State Board of Health.