Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Civil penalties may be imposed upon a person or business that employs an
individual who is not licensed as a massage therapist. Civil penalties may be
imposed upon a person or business that employs an individual who uses the
initials "L.M.T." or the words "licensed massage therapist," "massage
therapist," "masseur," or "masseuse," or any other words or titles that imply
or represent that the employed person practices massage therapy but who is not
licensed as a massage therapist. Failure to follow the above may result in:
a. A civil penalty not to exceed $1,000 on a
person or business that violates this rule:
(1) Each violation is a separate
offense.
(2) Each day a continued
violation occurs after citation by the board is a separate offense with the
maximum penalty not to exceed $10,000;
b. The board's inspection of any facility
that advertises or offers services purporting to be delivered by massage
therapists;
c. A citation being
sent to the alleged violator by certified mail, return receipt requested;
and
d. The board's consideration of
the following in determining civil penalties:
(1) Whether the amount imposed will be a
substantial economic deterrent to the violation.
(2) The circumstances leading to or resulting
in the violation.
(3) The severity
of the violation and the risk of harm to the public.
(4) The economic benefits gained by the
violator as a result of noncompliance.
(5) The welfare or best interest of the
public.
(2)
Civil penalties may be imposed upon a person who is practicing as a massage
therapist without a license. Civil penalties may be imposed upon a person who
practices as an individual and uses the initials "L.M.T." or the words
"licensed massage therapist," "massage therapist," "masseur," or "masseuse," or
any other words or titles that imply or represent that the person practices
massage therapy but who is not licensed as a massage therapist. A person must
be licensed as a massage therapist to practice in this state as a massage
therapist. Failure to follow the above may result in:
a. A civil penalty not to exceed $1,000 on a
person who violates this rule:
(1) Each
violation is a separate offense.
(2) Each day a continued violation occurs
after citation by the board is a separate offense with the maximum penalty not
to exceed $10,000;
b. The
board's inspection of any facility that advertises or offers services
purporting to be delivered by massage therapists;
c. A citation being sent to the alleged
violator by certified mail, return receipt requested;
d. The board's consideration of the following
in determining civil penalties:
(1) Whether
the amount imposed will be a substantial economic deterrent to the
violation.
(2) The circumstances
leading to or resulting in the violation.
(3) The severity of the violation and the
risk of harm to the public.
(4) The
economic benefits gained by the violator as a result of
noncompliance.
(5) The welfare or
best interest of the public.
(3) Issuing an order or citation.
a. The board shall provide a written notice
and the opportunity to request a hearing on the record.
b. The hearing must be requested within 30
days of the issuance of the notice and shall be conducted according to Iowa
Code chapter 17A.
c. The board may,
in connection with a proceeding under this subrule, issue subpoenas to require
the attendance and testimony of witnesses and the disclosure of evidence and
may request the attorney general to bring an action to enforce the
subpoena.
(4) Judicial
review.
a. A person aggrieved by the
imposition of a civil penalty under this rule may seek a judicial review in
accordance with Iowa Code section
17A.19.
b. The board shall notify the attorney
general of the failure to pay a civil penalty within 30 days after entry of an
order or within 10 days following final judgment in favor of the board if an
order has been stayed pending appeal.
c. The attorney general may commence an
action to recover the amount of the penalty, including reasonable attorney fees
and costs.
d. An action to enforce
an order under this rule may be joined with an action for an
injunction.
(5) A person
is not in violation of the statute or rules if that person practices massage
therapy for compensation while in attendance at a school offering a curriculum
meeting the requirements of 481-Chapter 822 and is under the supervision of a
member of the school's faculty.
