AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

Legislation Document

SPONSOR:

Rep. Ross Levin & Rep. K. Williams & Sen. Poore

Reps. Griffith, Heffernan; Sens. Hansen, Mantzavinos, Walsh

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 136

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 53, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5317. Penalties.

(a) A person

is guilty of a misdemeanor when the person does any of the following:

(1)

Engages in the practice of massage or bodywork therapy or practices as a massage technician when

not currently licensed as a massage or bodywork therapist or certified as a massage technician under this

chapter, when guilty of engaging in the practice of massage or bodywork therapy or of practicing as a massage technician, or using

chapter.

(2) Uses

in connection with the practitioner’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice massage or bodywork therapy, or to act as a massage

technician, such offender shall be guilty of a misdemeanor

.

technician.

(b)

Upon the

For a

first offense, the practitioner shall be fined not less than $100, nor more than $500 for each offense. For a second or subsequent conviction, the fine shall be not less than $500, nor

no

more than $1,000 for each offense.

Superior Court shall have jurisdiction over all violations of this chapter.

(b)

(c)

Where a person unlawfully operates, manages, owns, or advertises for any massage establishment or place where massage and bodywork services are rendered, the person

shall be

is

guilty of a class A misdemeanor, and

may

be imprisoned

not more than

for up to

1

year or fined

year, receive a fine of up to

not more than

$2300, or both.

Superior Court shall have jurisdiction over all violations of this chapter.

(d) A person who unlawfully removes a placard under § 5320 of this title is guilty of a class A misdemeanor, and may be imprisoned for up to 1 year, receive fine of up to $2300, or both.

(e) Superior Court has jurisdiction over any violation under this section.

$ 5319. Qualifications of applicants for massage establishments.

(f) (2) If the inspecting official requests access to doors locked under this subsection during an inspection, the doors must be opened immediately. A person who refuses to immediately open a locked door during an inspection is unlawfully operating or managing the massage establishment under §

5317(b)

5317(c)

of this title.

§ 5320. Unlicensed practice violations; penalties.

(a) A placard, as provided by the Attorney General,

shall

must

be prominently displayed at

all

any

entrances

entrance

of

an

establishments

establishment

that

have failed to obtain

has not obtained

a valid license or

have

has

a license that is suspended, revoked, or expired.

The placard may not be removed unless the removal is approved by the Division.

SYNOPSIS

A placard must be prominently displayed at any entrance of a massage and bodywork establishment that has failed to obtain a valid license or has a license that is suspended, revoked, or expired. This Act provides that no placard can be removed unless the removal of the placard is approved by the Division of Professional Regulation. This Act makes the unlawful removal of the placard a class A misdemeanor, punishable by up to 1 year in jail and up to a $2300 fine.

Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual.