Chapter 345-10 DISCIPLINE
| (1) |
Upon finding
that a violation has occurred, in accordance with O.C.G.A. § 43-1-19 and
43-24A-7, the Board has the
authority to refuse to grant a license to a person, revoke the license of a
person licensed by the Board, discipline or sanction a person licensed by the
Board, or, refuse to renew a license. |
| (2) |
In addition, the Board may impose any or
all, but not limited to, the following:
| (a) |
Public or Private Reprimand; |
| (c) |
Imposition
of Fine(s); |
| (e) |
Cease and Desist
Order; |
| (f) |
Any other action the
Board may deem appropriate, up to and including possible suspension and/or
revocation of the professional license. |
|
| (3) |
The Board may consider each violation as
a separate violation and impose a fine of not more than $500 for each convicted
offense, $1000 per subsequent conviction and/or possible imprisonment, in
accordance with O.C.G.A. § 43-1-20 and
43-24A-24. |
| (4) |
Mitigating circumstances may be taken
into account in varying the sanctions subject to the Board's discretion.
Mitigating circumstances shall not include failure to notify the Board of an
address change or failure to receive a renewal application or reminder
notice. |
All licensees shall display their license certificate, easily
and readily available for anyone to observe, in
all locations of the licensees practice as a
massage therapist.
| (1) |
It shall be considered a violation of the
massage therapy practice act to:
| (a) |
publicly
misrepresent oneself to be a massage therapist in any form of advertisement
unless the individual has an active, valid license issued by the Board to
practice massage therapy in Georgia; |
| (b) |
advertise massage therapy services
in conjunction with adult entertainment, escort
or dating services. |
|
| (2) |
Only duly licensed massage therapists practicing in accordance with the Board
rules and Georgia law may practice massage therapy in Georgia, or, use in
connection with their own name or that of their business or employer, the terms
massage, massage therapy, massage therapist, massage practitioner, or the
letters M.T. or L.M.T. or any other representation either direct or indirect,
indicating to the general public that massage therapy is provided or available.
Such activities are prohibited unless the provider is an actively licensed
massage therapist by the Georgia Board of Massage Therapy. |
| (3) |
Actively licensed massage therapist shall
include their Georgia massage therapy license number on all forms of
advertisement no later than October 31, 2010. |
| (4) |
Establishments providing massage therapy
services by more than one licensed massage therapist shall include on all forms
of advertisement no later than October 31, 2010 the following statement:
"Georgia Licensed Massage Therapists". |
| (1) |
Individuals who
have engaged in the practice of massage therapy without a valid and active
Georgia license shall be subject to a Cease and Desist Order, public reprimand,
fine, and/or other sanction imposed by the board, as authorized by
law. |
| (2) |
Fines for unlicensed
practice, in addition to or in conjunction with any other board sanction, may
be imposed according to the following guidelines:
| (a) |
Unlicensed practice determined by the
board to be:
| 1. |
Practice for one (1) month or
less: Letter of Concern from the board; |
| 2. |
Practice over one (1) month but not
exceeding three (3) months: fine of $100 per month; |
| 3. |
Practice over three (3) months but not
exceeding one (1) year: fine of $500; |
| 4. |
Practice over one (1) year but not
exceeding two (2) years: fine of $750; |
| 5. |
Practice over two (2) years but not
exceeding three (3) years: fine of $1,000; |
| 6. |
Practice over three (3) years: fine of
$1000 plus an additional fine of $100 for each month or portion thereof over
three (3) years, not to exceed a total fine of $5,000. |
|
| (b) |
Mitigating circumstances may be taken
into account in varying the amount of assessed fines, subject to the board's
discretion. |
| (c) |
Licensees who fail
to renew their licenses by the license expiration date, and who continue to
practice as massage therapists after the license expiration date, have engaged
in unlicensed practice and are subject to disciplinary action and fines imposed
by the board. |
|
| (3) |
It is
the responsibility of the licensee to inform the board in writing of a change
in any of the following information within thirty (30) days of such change:
| (d) |
telephone number(s); and |
| (e) |
change of name (must provide legal
documentation reflecting name change). |
|
| (4) |
It is the responsibility of each licensee
to renew his or her license prior to the license expiration date regardless of
whether the licensee receives a renewal notice from the board. |
