Delaware Code Title 24 Sec. 5307 – License; certification required
(a) No person shall engage in the practice of massage and bodywork therapy or hold himself or herself out to the public in this State as being qualified to practice massage and bodywork therapy; or use in connection with that person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice massage and bodywork therapy, unless such person has been duly licensed or certified under this chapter. Massage and bodywork therapists licensed under this chapter may practice massage and/or bodywork therapy on referral or prescription from a licensed medical or osteopathic physician or chiropractor as deemed appropriate by the referring physician or chiropractor. Massage technicians certified under this chapter are prohibited from practicing on referral or prescription from a licensed medical or osteopathic physician or chiropractor and from treating medically diagnosed conditions.
Terms Used In Delaware Code Title 24 Sec. 5307
- Board: shall mean the State Board of Massage and Bodywork established in this chapter. See Delaware Code Title 24 Sec. 5302
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Massage establishment: means any place of business that offers the practice of massage and bodywork and where the practice of massage and bodywork is conducted on the premises of the business, or that represents itself to the public by any title or description of services incorporating the words "bodywork" "massage" "massage therapy" "massage practitioner" "massagist" "masseur" "masseuse" or other words identified by the Board in regulation. See Delaware Code Title 24 Sec. 5302
- Massage technician: shall mean a person, who is certified with the Board to perform certain functions within the practice of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words "bodywork" "massage" "massage practitioner" "massagist" "masseur" "masseuse" or "certified massage technician " but shall be prohibited from using the words "therapist" or "therapy. See Delaware Code Title 24 Sec. 5302
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 5302
- Practice of massage and bodywork: shall mean a system of structured touch applied to the superficial or deep tissue, muscle, or connective tissue, by applying pressure with manual means. See Delaware Code Title 24 Sec. 5302
- State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See Delaware Code Title 24 Sec. 5302
- this State: means the State of Delaware. See Delaware Code Title 24 Sec. 5302
(b) Whenever a license or certificate to practice massage and bodywork in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice massage and bodywork in this State.
(c) No person shall act as a massage technician, or hold himself or herself out as a massage technician, unless such person has been duly certified by the Board under this chapter. Massage technicians shall practice massage and/or bodywork on other than medically diagnosed conditions.
(d) Massage establishment license; necessity. —
No person, firm, corporation, partnership, or other legal entity shall operate, maintain, or use premises as a massage establishment without first having secured a massage establishment license from the Board.
(e) Services rendered in unlicensed massage establishment, prohibition; exceptions. —
No person shall offer or render any of the services encompassed within the definition of massage and bodywork in a place that is not licensed as a massage establishment. This section shall not apply to a duly licensed massage therapist or certified massage technician who practices massage or bodywork outside of a massage establishment.
(f) This chapter shall not apply to:
(1) Actions by any person, who is certified or licensed in this State by any other law, and who is engaged in and acting within the scope of the profession or occupation for which that person is certified or licensed;
(2) Actions by any person engaged in an occupation which does not require a certificate or certification, including, but not limited to, physical education teachers, athletic coaches, health or recreation directors, instructors at health clubs or spas, martial arts, water safety and dance instructors, or coaches, who is acting within the scope of activity for which such person is trained; and
(3) Any student of massage who is practicing within the scope of his or her course of study.
70 Del. Laws, c. 582, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 108, § ?1; 78 Del. Laws, c. 363, § ?6; 81 Del. Laws, c. 104, § 4;