Bill Text: IA HF188 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act providing for the practice of massage therapy without a license and including penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-01-31 - Introduced, referred to State Government. H.J. 190. [HF188 Detail]

Download: Iowa-2019-HF188-Introduced.html
House File 188 - Introduced HOUSE FILE 188 BY SHIPLEY A BILL FOR An Act providing for the practice of massage therapy without a 1 license and including penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1297YH (2) 88 ss/rn
H.F. 188 Section 1. Section 152C.1, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. “Massage therapist” means a person licensed to practice 3 practicing the health care service of the healing art of 4 massage therapy under this chapter . 5 Sec. 2. Section 152C.4, subsection 1, unnumbered paragraph 6 1, Code 2019, is amended to read as follows: 7 The board, or its authorized agents, may inspect any 8 facility that advertises or offers the services of licensed 9 massage therapy. The board may, by order, impose a civil 10 penalty upon a person who practices as a massage therapist 11 without a license issued under this chapter if that person 12 advertises or represents that the person has such a license 13 or a person or business that employs an individual who is 14 not licensed under this chapter if that person or business 15 advertises or represents that the person has such a license . 16 The penalty shall not exceed one thousand dollars for each 17 offense. Each day of a continued violation after an order or 18 citation by the board constitutes a separate offense, with 19 the maximum penalty not to exceed ten thousand dollars. In 20 determining the amount of a civil penalty, the board may 21 consider the following: 22 Sec. 3. NEW SECTION . 152C.10 Unlawful use of title of 23 “licensed message therapist” —— violations —— penalty —— consent 24 agreement. 25 1. It is unlawful for a person to use the title, or aid 26 or abet a person in using the title, of “licensed massage 27 therapist” or any title or device indicating that the person is 28 a licensed massage therapist unless the person has been issued 29 a license as provided in this chapter. This section does not 30 prohibit the provision of massage therapy, or the use of the 31 terms “massage therapy” or “massage therapist”, by a person who 32 is not licensed as a massage therapist. 33 2. A person who violates this section is guilty of a simple 34 misdemeanor. The board, in its discretion and in lieu of 35 -1- LSB 1297YH (2) 88 ss/rn 1/ 2
H.F. 188 prosecuting a first offense under this section, may enter into 1 a consent agreement with a violator, or with a person guilty of 2 aiding or abetting a violator, which acknowledges the violation 3 and the violator’s agreement to refrain from any further 4 violations. 5 Sec. 4. REPEAL. Sections 152C.5, 152C.5A, and 152C.7A, Code 6 2019, are repealed. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill removes the licensure requirement to practice 11 massage therapy in Iowa. The bill permits a person to practice 12 massage therapy and to use words and titles representing that 13 the person practices massage therapy without obtaining a 14 license. The bill continues the option of obtaining a license 15 to practice massage therapy, but does not require it. 16 A person who uses the title “licensed massage therapist” 17 without a license is guilty of a simple misdemeanor. A simple 18 misdemeanor is punishable by confinement for no more than 30 19 days or a fine of at least $65 but not more than $625 or by 20 both. 21 -2- LSB 1297YH (2) 88 ss/rn 2/ 2
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