Terms Used In Louisiana Revised Statutes 37:3563

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the Louisiana Board of Massage Therapy. See Louisiana Revised Statutes 37:3552
  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Massage establishment: means any place of business that offers the practice of massage therapy and where the practice of massage therapy is conducted on the premises of the business. See Louisiana Revised Statutes 37:3552
  • Massage therapist: means a person who engages in the practice of massage therapy for compensation. See Louisiana Revised Statutes 37:3552
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: means an individual, corporation, association, or other legal entity. See Louisiana Revised Statutes 37:3552
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Practice of massage therapy: means the manipulation of soft tissue for the purpose of maintaining good health and establishing and maintaining good physical condition. See Louisiana Revised Statutes 37:3552

            A. The board may suspend, revoke, or refuse to issue or renew a license after notice and opportunity for hearing pursuant to the Administrative Procedure Act, upon proof of any of the following:

            (1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts, including making false statements on an application or other document required by the board.

            (2) Selling, bartering, or offering to sell or barter a license.

            (3) Engaging in unprofessional conduct that has endangered or that is likely to endanger the health, welfare, or safety of the public, as further defined by rules of the board.

            (4) Conviction of a felony, unless such conviction was reversed on appeal.

            (5) Conviction of any crime arising out of or connected with the practice of massage therapy, unless such conviction was reversed on appeal.

            (6) Violating or aiding and abetting in the violation of any provisions of this Chapter or the rules and regulations promulgated hereunder.

            (7) Failing to comply with license or renewal requirements.

            B. Any person who has been convicted of, entered a plea of nolo contendere to, or received deferred adjudication in connection with any criminal offense involving sexual misconduct shall be ineligible for licensure as a massage therapist.

            C. The board shall revoke the license of any person who is convicted of, enters a plea of nolo contendere to, or receives deferred adjudication in connection with any criminal offense involving sexual misconduct or prostitution.

            D. Any person who has been convicted of, entered a plea of nolo contendere to, or received deferred adjudication in connection with any criminal offense involving sexual misconduct or prostitution shall be ineligible for licensure as an owner or operator of a massage establishment. The board shall revoke the license of any person if the board determines that the establishment is a sexually oriented business, as defined in La. Rev. Stat. 37:3558(C), or that a crime or offense involving prostitution or other sexual offenses and resulting in a conviction, to which a plea of nolo contendere was entered or deferred adjudication was received, has occurred on the premises of the establishment since the date of the most recent license renewal.

            E. The board shall perform a review of any massage therapist that has been disciplined in accordance with this Section within one calendar year of the infraction or reinstatement of license. The board shall immediately suspend a license pending a disciplinary hearing for any review of a massage therapist that reveals any violations of this Section.

            F. The board shall perform an inspection of any massage establishment that has been disciplined in accordance with this Section within one calendar year of the infraction or reinstatement of license. The board shall immediately suspend a license or registration of such an establishment upon the establishment’s failure of a follow-up inspection indicating continued or new violations of this Section, pending a disciplinary hearing.

            G. The board shall impose a fine or penalty on massage establishments that continue to operate without a license. The board shall promulgate in rule the amount of the fine or penalty to be incurred.

            Acts 1992, No. 753, §2, eff. Sept. 1, 1992; Acts 2012, No. 605, §1, eff. Jan. 1, 2013; Acts 2021, No. 324, §2, eff. June 14, 2021.

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