(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that any of the conditions or violations set forth in § 5313 of this title applies to a practitioner regulated by this chapter.

(1) Issue a letter of reprimand;

(2) Place a practitioner on probationary status, and require the practitioner to:

a. Report regularly to the Board upon the matters which are the basis of the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board; and/or

c. Continue or renew the practitioner’s professional education until the required degree of skill has been attained in those areas which are the basis of the probation;

(3) Suspend any practitioner’s license or certification;

(4) Revoke a practitioner’s license or certification;

(5) Impose a monetary penalty not to exceed $500 for each violation.

Terms Used In Delaware Code Title 24 Sec. 5315

  • Board: shall mean the State Board of Massage and Bodywork established in this chapter. See Delaware Code Title 24 Sec. 5302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Massage and bodywork therapist: shall mean a person who represents himself or herself to the public by any title or description of services incorporating the words "bodywork" "massage" "massage therapist" "massage therapy" "massage practitioner" "massagist" "masseur" "masseuse" or who engages in the practice of massage and bodywork for a fee, monetary or otherwise. See Delaware Code Title 24 Sec. 5302
  • 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
  • Person: shall mean a corporation, company, association and partnership, as well as an individual. See Delaware Code Title 24 Sec. 5302
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: means any state of the United States, the District of Columbia, Puerto Rico, the U. See Delaware Code Title 24 Sec. 5302

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(c) In the event of a formal or informal complaint concerning the activity of a licensee, massage establishment, or certificant that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person‘s license or certificate, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license or certificate may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license or certificate has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license or certificate.

(d) Where a licensee or certificant has been suspended due to a disability of the licensee or certificant, the Board, at a Board meeting, may reinstate such licensee or certificant if the Board is satisfied that the licensee or certificant is able to practice with reasonable skill and safety.

(e) As a condition of reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.

(f) The Board shall permanently revoke the license or certificate of a person licensed as a massage and bodywork therapist or certified as a massage technician who is convicted of a felony sexual offense.

70 Del. Laws, c. 582, § ?1; 78 Del. Laws, c. 363, § ?12; 79 Del. Laws, c. 213, § ?2; 81 Del. Laws, c. 104, § 7;