Grounds for cancellation, suspension, or revocation of license--Hearing--Appeal.
The board may cancel, suspend, or revoke a license following a contested case hearing in compliance
with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct, or a violation
of any provision of this chapter. The board may waive the requirement of prior notice and an
informal meeting set forth in § 1-26-29 if the licensee presents an immediate threat to the public or
has engaged in willful misconduct. Any person may appeal the cancellation, suspension, or
revocation of a license in compliance with chapter 1-26.
Reapplication for cancelled, suspended, or revoked license.
Any person whose
license has been cancelled, suspended, or revoked by the board may not reapply for a license until
one year after it was cancelled, suspended, or revoked unless a different time has been set by the
Source: SL 2005, ch 206, § 23.
36-35-24 Promulgation of rules.
Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26
in the following areas:
The form and information required for any license application;
A list of recognized facilities or instructors who may provide training or instruction
required for licensure or continuing education requirements;
The amount of license fees;
The procedures for conducting disciplinary proceedings;
The procedures for conducting complaint investigations;
The procedures for applying for an inactive license and the procedures to regain active
Approval of national competency examinations.
SL 2005, ch 206, § 24; SL 2007, ch 223, § 6; SL 2013, ch 184, § 16.
36-35-25 Application of chapter.
Application of chapter.
The provisions of this chapter do not apply to any person
performing massage for compensation if the massage is done under one of the following
As part of a licensed practice as a physician, physician assistant, chiropractor, nurse,
physical therapist, athletic trainer, or other health care profession licensed or certified
under Title 36;
As part of a licensed practice pursuant to chapter 36-14 or 36-15, if the licensee is
performing within the scope of the licensed practice and the licensee does not hold
himself or herself out to be a massage therapist or to be engaged in the practice of
In furtherance of duties as an employee of the United States;
As part of a course of study with a facility or instructor recognized and approved by the
board to provide training in massage or the provision of such instruction;
As part of providing a course of instruction or continuing education in the practice of
massage therapy on a temporary basis not in excess of ten days; or
Manipulation of the soft tissues of the human body is restricted to the hands, feet, or ears
and the person does not hold himself or herself out to be a massage therapist or to be
engaged in the practice of massage therapy.
SL 2005, ch 206, § 25.