In addition to the grounds provided in § 40-1-110, the board may deny licensure to an applicant for a massage therapy establishment or sole practitioner establishment license or may take disciplinary action against an entity licensed as a massage therapy establishment or sole practitioner establishment that:

(1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act in applying for a license pursuant to this chapter;

Terms Used In South Carolina Code 40-30-235

  • Board: means the South Carolina Massage Therapy Board under the administration of the department. See South Carolina Code 40-30-30
  • Department: means 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Licensure: means the procedure by which an individual applies to the department and is granted approval to practice massage therapy, or the procedure by which an establishment applies to the department and is granted approval to operate as a massage therapy establishment or a sole practitioner establishment. See South Carolina Code 40-30-30
  • 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

(2) has had a license, permit, certificate, or registration from South Carolina or another state or jurisdiction denied, canceled, revoked, suspended, or otherwise restricted;

(3) has violated a provision of this chapter, a regulation promulgated pursuant to this chapter, or an order of the department or the board;

(4) has intentionally or knowingly, directly or indirectly, aided or abetted in the violation of or a conspiracy to violate this chapter or a regulation promulgated pursuant to this chapter;

(5) has intentionally used a fraudulent statement in a document connected to the conduct of its establishment, or has made false, deceptive, or misleading statements in the conduct of its establishment or in related advertising;

(6) has obtained fees or assisted in obtaining fees under intentionally fraudulent circumstances;

(7) has engaged in unlicensed practice;

(8) has allowed an individual, employee, or independent contractor to practice massage therapy on the premises of the establishment without an active license to practice massage therapy pursuant to this chapter;

(9) has presented as its own license the license of another establishment;

(10) has allowed the use of a license by an unlicensed establishment;

(11) has falsely impersonated another license holder; or

(12) has used or has attempted to use a license that has been revoked, suspended, or otherwise restricted from active licensure.