Read the full stored bill text
Req. No. 22 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 545 By: Bergstrom
AS INTRODUCED
An Act relating to the practice of massage therapy;
transferring powers and duties under the Massage
Therapy Practice Act from the State Board of
Cosmetology and Barbering to the Board of
Chiropractic Examiners; directing certain transfers;
requiring the Office of Management and Enterprise
Services to coordinate certain transfers; providing
for transfer of administrative rules; amending 59
O.S. 2021, Section 4200.2, which relates to
definitions used in the Massage Therapy Practice Act;
modifying and adding definitions; amending 59 O.S.
2021, Section 4200.3, which relates to acts requiring
licensure; conforming language; updating statutory
reference; amending 59 O.S. 2021, Section 4200.4,
which relates to powers and duties; conforming and
updating language; adding and modifying powers and
duties; modifying name of certain advisory board;
removing obsolete language; increasing massage
therapy license fee; amending 59 O.S. 2021, Section
4200.5, which relates to license requirements;
conforming and updating language; modifying certain
licensure qualifications; removing obsolete language;
authorizing disciplinary action for certain
violations; establishing and mandating massage
therapy establishment license; prohibiting unlicensed
establishments; creating certain temporary exception;
providing for application and fee; requiring certain
designation of massage therapist for specified
purpose; requiring massage therapists to provide
certain notice and information to the Board of
Chiropractic Examiners; authorizing certain
disciplinary actions; authorizing certain
inspections; providing for promulgation of certain
rules; amending 59 O.S. 2021, Sections 4200.6,
4200.8, and 4200.9, which relate to the practice of
Req. No. 22 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
massage therapy; conforming and updating language;
amending 59 O.S. 2021, Section 4200.11, which relates
to disciplinary actions and proceedings; updating
statutory language; stipulating certain investigative
procedures; providing for informal complaint
recommendations; providing for confidentiality of
complaint and investigative information; limiting
disclosure of complaint and investigative
information; allowing respondent to acquire certain
information under specified conditions; specifying
effect of certain licensure actions; amending 59 O.S.
2021, Sections 4200.12 and 4200.13, which relate to
the practice of massage therapy; conforming and
updating language; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.4a of Title 59, unless
there is created a duplication in numbering, reads as follows:
A. Upon the effective date of this act, all powers, duties,
functions, and responsibilities of the State Board of Cosmetology
and Barbering related to the Massage Therapy Practice Act shall
transfer to the Board of Chiropractic Examiners.
B. All records, matters pending, assets, current and future
liabilities, fund balances, encumbrances, obligations, indebtedness,
and legal and contractual rights and responsibilities of the State
Board of Cosmetology and Barbering related to the regulation of the
practice of massage therapy shall transfer to the Board of
Chiropractic Examiners.
Req. No. 22 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. Any monies accruing to or in the name of the State Board of
Cosmetology and Barbering on and after the effective date of this
act related to the regulation of the practice of massage therapy, or
any monies that accrue in any funds or accounts or are maintained
for the benefit of the State Board of Cosmetology and Barbering on
and after the effective date of this act related to the regulation
of the practice of massage therapy, shall transfer to the Board of
Chiropractic Examiners.
D. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments,
purchase orders, and outstanding financial obligations or
encumbrances as provided for in this section.
E. On the effective date of this act, all administrative rules
promulgated by the State Board of Cosmetology and Barbering under
the Massage Therapy Practice Act shall transfer to and become a part
of the administrative rules of the Board of Chiropractic Examiners.
The Office of Administrative Rules in the Office of the Secretary of
State shall provide adequate notice in “The Oklahoma Register” of
the transfer of such rules and shall place the transferred rules
under the Oklahoma Administrative Code title of the Board of
Chiropractic Examiners. Such rules shall continue in force and
effect as rules of the Board of Chiropractic Examiners from and
after the effective date of this act, and any amendment, repeal, or
Req. No. 22 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
addition to the transferred rules shall be under the jurisdiction of
the Board of Chiropractic Examiners.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 4200.2, is
amended to read as follows:
Section 4200.2. As used in the Massage Therapy Practice Act:
1. “Board” means the State Board of Cosmetology and Barbering
Board of Chiropractic Examiners;
2. “Direct access” means the ability that the public has to
seek out treatment by a massage therapist without the direct
referral from a medical or health care professional;
3. “Massage therapist” means an individual who practices
massage or massage therapy and is licensed under the Massage Therapy
Practice Act. A massage therapist uses visual, kinesthetic, and
palpatory skills to assess the body and may evaluate a condition to
the extent of determining whether massage is indicated or
contraindicated;
4. “Massage therapy” means the skillful treatment of the soft
tissues of the human body. Massage is designed to promote general
relaxation, improve movement, relieve somatic and muscular pain or
dysfunction, stress and muscle tension, provide for general health
enhancement, personal growth, education and the organization,
balance and integration of the human body and includes, but is not
limited to:
Req. No. 22 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. the use of touch, pressure, friction, stroking,
gliding, percussion, kneading, movement, positioning,
holding, range of motion and nonspecific stretching
within the normal anatomical range of movement, and
vibration by manual or mechanical means with or
without the use of massage devices that mimic or
enhance manual measures, and
b. the external application of ice, heat and cold packs
for thermal therapy, water, lubricants, abrasives and
external application of herbal or topical preparations
not classified as prescription drugs; and
5. “Massage therapy establishment” means a place of business
where a licensed massage therapist provides massage therapy services
to clients in exchange for payment. Massage therapy establishment
does not include the home of a client; and
6. “Massage therapy school” means a facility providing
instruction in massage therapy.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 4200.3, is
amended to read as follows:
Section 4200.3. A. Unless a person is a licensed massage
therapist, a person shall not:
1. Use the title of massage therapist;
2. Represent himself or herself to be a massage therapist;
Req. No. 22 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Use any other title, words, abbreviations, letters, figures,
signs or devices that indicate the person is a massage therapist; or
4. Utilize the terms “massage”, “massage therapy” or “massage
therapist” when advertising or printing promotional material.
B. A person shall not maintain, manage or operate a massage
therapy school offering education, instruction or training in
massage therapy unless the school is a licensed massage therapy
school pursuant to Section 7 of this act Section 4200.7 of this
title.
C. Individuals practicing massage therapy under the Massage
Therapy Practice Act shall not perform any of the following:
1. Diagnosis of illness or disease;
2. High-velocity, low-amplitude thrust;
3. Electrical stimulation;
4. Application of ultrasound;
5. Use of any technique that interrupts or breaks the skin; or
6. Prescribing of medicines.
D. Nothing in the Massage Therapy Practice Act shall be
construed to prevent:
1. Qualified members of other recognized professions who are
licensed or regulated under Oklahoma law from rendering services
within the scope of the license of the person, provided the person
does not represent himself or herself as a massage therapist. A
physician or other licensed health care provider providing health
Req. No. 22 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
care services within the scope of practice of the physician or
provider shall not be required to be licensed by or registered with
the State Board of Cosmetology and Barbering Board of Chiropractic
Examiners for the purposes of the Massage Therapy Practice Act;
2. Students from rendering massage therapy services within the
course of study when enrolled at a licensed massage therapy school;
3. Visiting massage therapy instructors from another state or
territory of the United States, the District of Columbia or any
foreign nation from teaching massage therapy, provided the
instructor is duly licensed or registered, if required, and is
qualified in the instructor’s place of residence for the practice of
massage therapy;
4. Any nonresident person holding a current license,
registration or certification in massage therapy from another state
or recognized national certification system determined as acceptable
by the Board when temporarily present in this state from providing
massage therapy services as a part of an emergency response team
working in conjunction with disaster relief officials or at special
events such as conventions, sporting events, educational field
trips, conferences, traveling shows or exhibitions;
5. Physicians or other health care professionals from
appropriately referring to duly licensed massage therapists or limit
in any way the right of direct access of the public to licensed
massage therapists; or
Req. No. 22 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. The practice of any person in this state who uses touch,
words and directed movement to deepen awareness of existing patterns
of movement in the body as well as to suggest new possibilities of
movement while engaged within the scope of practice of a profession
with established standards and ethics, provided that the services
are not designated or implied to be massage or massage therapy.
Practices shall include but are not limited to the Feldenkrais
Method of somatic education, Rolf Movement Integration by the Rolf
Institute, the Trager Approach of movement education, and Body-Mind
Centering. Practitioners shall be recognized by or meet the
established standards of either a professional organization or
credentialing agency that represents or certifies the respective
practice based on a minimal level of training, demonstration of
competency, and adherence to ethical standards.
E. A physician or other licensed health care provider providing
health care services within their scope of practice shall not be
required to be licensed or registered with the State Board of
Cosmetology Board for the purposes of the Massage Therapy Practice
Act.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 4200.4, is
amended to read as follows:
Section 4200.4. A. The State Board of Cosmetology and
Barbering is hereby authorized to adopt and promulgate Board of
Chiropractic Examiners shall have the power and duty to:
Req. No. 22 Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Promulgate rules pursuant to the Administrative Procedures
Act that are necessary for the implementation and enforcement of the
Massage Therapy Practice Act, including, but not limited to,
qualifications for licensure, renewals, reinstatements, and
continuing education requirements.;
B. The State Board of Cosmetology and Barbering is hereby
empowered to perform 2. Perform investigations, to require and
order or subpoena the attendance of witnesses, the inspection of
records and premises, and the production of records and other
relevant documents relating to the investigation of matters that may
come before the Board or practices regulated by the Massage Therapy
Practice Act, and to seek injunctive relief;
3. Employ or contract with one or more investigators, as
needed, for the sole purpose of investigating complaints regarding
the conduct of massage therapists, and fix and pay their salaries or
wages. Any investigator shall be certified as a peace officer by
the Council on Law Enforcement Education and Training and shall have
statewide jurisdiction to perform the duties authorized by the
Massage Therapy Practice Act;
4. Require applicants for an original massage therapy license
to submit to a national criminal history record check pursuant to
Section 150.9 of Title 74 of the Oklahoma Statutes. The costs
associated with the national criminal history record check shall be
paid directly by the applicant;
Req. No. 22 Page 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Establish appropriate fees and charges to implement the
provisions of the Massage Therapy Practice Act; and
6. Promulgate, by rule, a code of ethics.
C. There is hereby created an Advisory Board Committee on
Massage Therapy. The Advisory Board Committee on Massage Therapy
shall assist the Board in carrying out the provisions of this
section regarding the qualifications, examination, registration,
regulation, and standards of professional conduct of massage
therapists. The Advisory Board Committee on Massage Therapy shall
consist of five (5) members to be appointed by the Governor for
four-year terms as follows:
1. Three members who shall be licensed massage therapists and
have practiced in Oklahoma for not less than three (3) years prior
to their appointment;
2. One member who shall be an administrator or faculty member
of a nationally accredited school of massage therapy; and
3. One who shall be a citizen member.
D. The fee for any license issued between the effective date of
this act and May 1, 2017, shall be Twenty-five Dollars ($25.00).
The fee or renewal fee for any a massage therapy license issued
after May 1, 2017, shall be Fifty Dollars ($50.00) Seventy-five
Dollars ($75.00) per year. A duplicate license fee shall be Ten
Dollars ($10.00).
Req. No. 22 Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 5. AMENDATORY 59 O.S. 2021, Section 4200.5, is
amended to read as follows:
Section 4200.5. A. Between the effective date of this act and
May 1, 2017, the State Board of Cosmetology and Barbering The Board
of Chiropractic Examiners shall issue a license to practice massage
therapy to any person who files a completed application, accompanied
by the required fees, and who submits satisfactory evidence that the
applicant:
1. Is at least eighteen (18) years of age;
2. a. Has one or more of the following, if the applicant
made application for an original license on or before
May 1, 2017:
a. (1) documentation that the applicant has
completed and passed a nationally recognized
competency examination in the practice of massage
therapy,
b. (2) an affidavit of at least five (5) years of
work experience in the state, or
c. (3) a certificate and transcript of completion
from a massage school with at least five hundred
(500) hours of education,
b. Meets both of the following, if the applicant makes
application for an original license after May 1, 2017,
and before July 1, 2027:
Req. No. 22 Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) has completed the equivalent of five hundred
(500) hours of formal education in massage
therapy from a state-licensed school, and
(2) has passed a nationally recognized competency
examination approved by the Board, or
c. Meets both of the following, if the applicant makes
application for an original license on or after July
1, 2027:
(1) has completed the equivalent of six hundred (600)
hours of formal education in massage therapy from
a state-licensed school, and
(2) has passed a nationally recognized competency
examination approved by the Board;
3. Provides proof of documentation that the applicant currently
maintains liability insurance for practice as a massage therapist;
and
4. Provides full disclosure to the Board of any criminal
proceeding taken against the applicant including but not limited to
pleading guilty or nolo contendere to, or receiving a conviction
for, a felony crime that substantially relates to the practice of
massage therapy and poses a reasonable threat to public safety.
B. To assist in determining the entry-level competence of an
applicant who makes application for a license after May 1, 2017, the
Board may adopt rules establishing additional standards or criteria
Req. No. 22 Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
for examination acceptance and may adopt only those examinations
that meet the standards outlined in Section 4200.8 of this title.
C. 1. After May 1, 2017, except Except as otherwise provided
in the Massage Therapy Practice Act, every person desiring to
practice massage therapy in this state shall be required to first
obtain a license from the Board.
2. After May 1, 2017, the Board may issue a license to an
applicant who:
a. is at least eighteen (18) years of age,
b. provides documentation that the applicant has
completed the equivalent of five hundred (500) hours
of formal education in massage therapy from a state-
licensed school,
c. provides documentation that the applicant has passed a
nationally recognized competency examination approved
by the Board,
d. provides proof that the applicant currently maintains
liability insurance for practice as a massage
therapist, and
e. provides full disclosure to the Board of any criminal
proceeding taken against the applicant including
pleading guilty or nolo contendere to, or receiving a
conviction for, a felony crime that substantially
Req. No. 22 Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
relates to the practice of massage therapy and poses a
reasonable threat to public safety.
D. In addition to an applicant’s failure to meet any other
requirements imposed by this section or other applicable law, the
Board may deny a license or impose probationary conditions if an
applicant has:
1. Pleaded guilty or nolo contendere to, received a deferred
sentence for, or been convicted of a felony crime that substantially
relates to the practice of massage therapy and poses a reasonable
threat to public safety;
2. Been the subject of disciplinary action by the Board; or
3. Been the subject of disciplinary action in another
jurisdiction.
E. As used in this section:
1. “Substantially relates” means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. “Poses a reasonable threat” means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
Req. No. 22 Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4200.5a of Title 59, unless
there is created a duplication in numbering, reads as follows:
A. 1. Beginning January 1, 2026, any massage therapist wishing
to provide massage therapy services at a massage therapy
establishment shall first obtain a massage therapy establishment
license from the Board of Chiropractic Examiners as provided by this
section.
2. It shall be unlawful to operate a massage therapy
establishment without a massage therapy establishment license issued
by the Board; provided, however, a massage therapy establishment
currently in operation that makes application to the Board for a
massage therapy establishment license no later than January 1, 2026,
may continue to operate lawfully without such license until the
Board approves or denies the application.
B. 1. To obtain a massage therapy establishment license, a
massage therapist shall make application to the Board on a form
prescribed by the Board and shall pay a nonrefundable application
fee of Two Hundred Dollars ($200.00) to the Board. Massage therapy
establishment licenses shall be renewed biennially.
2. If there are multiple massage therapists working at a single
massage therapy establishment, the establishment shall designate one
massage therapist to be responsible for ensuring the establishment
complies with the requirements of the Massage Therapy Practice Act
Req. No. 22 Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
and any rules promulgated by the Board applicable to massage therapy
establishments. It shall be the duty of such designated massage
therapist to notify the Board of any changes to the massage therapy
establishment’s physical address or other application information.
C. Subject to the Administrative Procedures Act, the Board may
deny, refuse to renew, revoke, suspend, or take other appropriate
action against a massage therapy establishment license if the Board
finds that the massage therapy establishment, or a massage therapist
providing massage therapy services at the massage therapy
establishment, does not meet licensure qualifications prescribed by
the Board or is otherwise in violation of the Massage Therapy
Practice Act or rules promulgated by the Board.
D. The Board or designee may enter any massage therapy
establishment for the purpose of inspection on a routine basis or
when a complaint has been filed with the Board regarding the
practice of massage therapy at that establishment. A fee shall not
be charged for any inspection under this subsection.
E. The Board may promulgate rules governing massage therapy
establishments including, but not limited to, rules pertaining to
licensure qualifications, minimum standards, sanitation
requirements, recordkeeping requirements, inspections, and
disciplinary action.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 4200.6, is
amended to read as follows:
Req. No. 22 Page 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 4200.6. A. A massage therapy license issued by the
State Board of Cosmetology and Barbering Board of Chiropractic
Examiners shall at all times be posted in a conspicuous place in the
massage therapy establishment or other principal place of business
of the holder.
B. A license issued pursuant to the Massage Therapy Practice
Act is not assignable or transferable.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 4200.8, is
amended to read as follows:
Section 4200.8. The required examination approved by the State
Board of Cosmetology and Barbering Board of Chiropractic Examiners
for licensure under the Massage Therapy Practice Act shall be a
standardized national massage therapy examination that meets the
following criteria:
1. Is statistically validated through a job analysis under
current standards for educational and professional testing;
2. Complies with pertinent state and federal equal employment
opportunity guidelines;
3. Is available to all potential licensing candidates; and
4. Is delivered through a professional testing company with
high-security test centers located nationwide.
SECTION 9. AMENDATORY 59 O.S. 2021, Section 4200.9, is
amended to read as follows:
Req. No. 22 Page 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 4200.9. A. The State Board of Cosmetology and
Barbering Board of Chiropractic Examiners may license an applicant,
provided that the applicant possesses a valid license or
registration to practice massage therapy issued by the appropriate
examining board under the laws of any other state or territory of
the United States, the District of Columbia or any foreign nation
and has met educational and examination requirements equal to or
exceeding those established pursuant to the Massage Therapy Practice
Act.
B. 1. Massage therapy licenses shall expire biennially.
Expiration dates shall be established by the Board through adoption
of a rule.
2. A license shall be renewed by submitting a renewal
application on a form provided by to the Board in the manner
prescribed by the Board.
3. A thirty-day grace period shall be allowed each license
holder after the end of the renewal period, during which time a
license may be renewed upon payment of the renewal fee and a late
fee as prescribed by the Board.
C. 1. If a massage therapy license is not renewed by the end
of the thirty-day grace period, the license shall be placed on
inactive status for a period not to exceed one (1) year. At the end
of one (1) year, if the license has not been reactivated, it shall
automatically expire.
Req. No. 22 Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. If within a period of one (1) year from the date the license
was placed on inactive status the massage therapist wishes to resume
practice, the massage therapist shall notify the Board in writing
and, upon receipt of proof of completion of all continuing education
requirements and payment of an amount set by the Board in lieu of
all lapsed renewal fees, the license shall be restored in full.
D. The Board shall establish a schedule of reasonable and
necessary administrative fees.
E. The Board shall fix the amount of fees so that the total
fees collected shall be sufficient to meet the expenses of
administering the provisions of the Massage Therapy Practice Act
without unnecessary surpluses.
SECTION 10. AMENDATORY 59 O.S. 2021, Section 4200.11, is
amended to read as follows:
Section 4200.11. A. The State Board of Cosmetology and
Barbering Board of Chiropractic Examiners may take disciplinary
action against a person licensed pursuant to the Massage Therapy
Practice Act as follows:
1. Deny or refuse to renew a license;
2. Suspend or revoke a license;
3. Issue an administrative reprimand; or
4. Impose probationary conditions when the licensee or
applicant has engaged in unprofessional conduct that has endangered
Req. No. 22 Page 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or is likely to endanger the health, welfare or safety of the
public.
B. The Board shall take disciplinary action upon a finding that
the licensee or person has committed an act of unprofessional
conduct or committed a violation of rule or law.
C. 1. Disciplinary proceedings may be instituted by sworn
complaint of any person, including members of the Board, and shall
conform to the provisions of the Administrative Procedures Act.
After an initial complaint is received by the Board, the Executive
Director of the Board and the chair of the Advisory Committee on
Massage Therapy, or designee, shall determine whether the complaint
merits further investigation. If a determination is made that the
complaint merits further investigation, the Executive Director, in
consultation with the chair of the Advisory Committee, or designee,
shall assign the complaint to an investigator. The focus and scope
of an investigation shall pertain only to the subject of the
complaint.
2. The complaint and findings of the investigator shall be
presented to the Advisory Committee for review. The Advisory
Committee, in consultation with the Board’s prosecuting attorney,
shall make an informal recommendation for disposition of the
complaint to the Board.
D. 1. The Board, its employees, appointed Advisory Committee
members, independent contractors, or other agents of the Board shall
Req. No. 22 Page 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
keep confidential the complaint and information obtained during an
investigation into violations of the Massage Therapy Practice Act;
provided, however, such information may be introduced by the state
in administrative proceedings before the Board and the information
then becomes a public record.
2. The complaint and information obtained during the
investigation but not introduced in administrative proceedings shall
not be subject to subpoena or discovery in any civil or criminal
proceedings, except that the Board may give such information to law
enforcement and other state agencies as necessary and appropriate in
the discharge of the duties of that agency and only under
circumstances that ensure against unauthorized access to the
information.
3. The respondent may acquire information obtained during an
investigation, unless the disclosure of the information is otherwise
prohibited, except for the investigative report, if the respondent
signs a protective order whereby the respondent agrees to use the
information solely for the purpose of defense in the Board
proceeding and in any appeal therefrom and agrees not to otherwise
disclose the information.
D. E. The Board shall establish the guidelines for the
disposition of disciplinary cases. Guidelines may include, but
shall not be limited to, periods of probation, conditions of
probation, suspension, revocation or reissuance of a license.
Req. No. 22 Page 22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. F. A license holder who has been found culpable and
sanctioned by the Board shall be responsible for the payment of all
costs of the disciplinary proceedings and any administrative fees
imposed.
F. G. The forfeiture, nonrenewal, surrender, or voluntary
relinquishment of a license by a licensee shall not deprive the
Board of jurisdiction to proceed with disciplinary action any
investigation, action, or proceeding to revoke, suspend, condition,
or limit the licensee’s license or fine the licensee.
SECTION 11. AMENDATORY 59 O.S. 2021, Section 4200.12, is
amended to read as follows:
Section 4200.12. A. No member or employee of the State Board
of Cosmetology and Barbering Board of Chiropractic Examiners shall
bear liability or be subject to civil damages or criminal
prosecution for any action undertaken or performed within the scope
of duty imposed pursuant to the Massage Therapy Practice Act.
B. No person or legal entity providing truthful and accurate
information to the Board, whether as a report, a complaint or
testimony, shall be subject to civil damages or criminal
prosecutions.
SECTION 12. AMENDATORY 59 O.S. 2021, Section 4200.13, is
amended to read as follows:
Section 4200.13. A. A person who does any of the following
shall be guilty of a misdemeanor upon conviction:
Req. No. 22 Page 23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Violates a provision of the Massage Therapy Practice Act or
rules adopted pursuant to the Massage Therapy Practice Act;
2. Renders or attempts to render massage therapy services or
massage therapy instruction without the required current valid
license issued by the State Board of Cosmetology and Barbering Board
of Chiropractic Examiners;
3. Advertises or uses a designation, diploma or certificate
implying that the person offers massage therapy instruction or is a
massage therapy school unless the person holds a current valid
license issued by the Oklahoma Board of Private Vocational Schools
or is a technology center school accredited by the Oklahoma State
Board of Career and Technology Education; or
4. Advertises or uses a designation, diploma, or certificate
implying that the person is a massage therapist unless the person
holds a current valid license issued by the State Board of
Cosmetology and Barbering Board of Chiropractic Examiners.
B. 1. Therapists regulated by the Massage Therapy Practice Act
shall be designated as “massage therapists” and entitled to utilize
the term “massage” when advertising or printing promotional
material.
2. Any person who uses a professional title regulated by the
Massage Therapy Practice Act who is not authorized to use the
professional title shall be subject to disciplinary action by the
Board.
Req. No. 22 Page 24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Any person who knowingly aids and abets one or more persons
not authorized to use a professional title regulated by the Massage
Therapy Practice Act or knowingly employs or contracts with a person
or persons not authorized to use a regulated professional title in
the course of the employment, shall also be subject to disciplinary
action by the Board. It shall be a violation of the Massage Therapy
Practice Act for any person to advertise massage therapy services in
any combination with any escort or dating service.
SECTION 13. This act shall become effective November 1, 2025.
60-1-22 DC 1/19/2025 5:38:26 AM