South Carolina Code 40-30-220. Cease and desist orders; temporary restraining orders
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(A) If the board or the department has reason to believe that an individual or an entity is violating or intends to violate a provision of this chapter or a regulation promulgated pursuant to this chapter, in addition to all other remedies, the board may order an individual or an entity to immediately cease and desist from engaging in the conduct. If the individual is practicing massage therapy or an entity is operating a massage therapy establishment or sole practitioner establishment without being licensed pursuant to this chapter, then the board or the department also may apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The board or the department may also seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated pursuant to this chapter.
(B) A board member, the director of the department, or any other employee of the department may not be held liable for damages resulting from a wrongful temporary restraining order.
Terms Used In South Carolina Code 40-30-220
- Board: means the South Carolina Massage Therapy Board under the administration of the department. See South Carolina Code 40-30-30
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Labor, Licensing and Regulation. See South Carolina Code 40-30-30
- Director: means the Director of the Department of Labor, Licensing and Regulation. See South Carolina Code 40-30-30
- Entity: means a sole proprietorship, partnership, limited liability partnership, limited liability company, or other business entity or association as approved by the board. See South Carolina Code 40-30-30
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Massage therapy: means the application of a system of structured touch to the soft tissues of the human body with the hand, foot, knee, arm, or elbow, whether or not the structured touch is aided by hydrotherapy, thermal therapy, a massage therapy device, or application to the human body of an herbal preparation. See South Carolina Code 40-30-30
- Massage therapy establishment: means an entity with a physical site or premise, licensed as required by this chapter, in which licensed massage therapists are employees or contractors practicing massage therapy on clients. See South Carolina Code 40-30-30
- Sole practitioner establishment: means a licensed massage therapist who is licensed pursuant to this chapter, who is not an employee or contractor of the sole practitioner establishment, and who provides massage therapy to clients at a specific location including, but not limited to, a rental space, home office space, or outcall or onsite space. See South Carolina Code 40-30-30
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.