(A) A licensee who is under investigation for misconduct, pursuant to § 40-30-230 or § 40-30-235, voluntarily may surrender its license to the board, invalidating the license at the time it is surrendered. An individual or establishment that voluntarily surrenders a license may not practice as a massage therapist or operate as a massage therapy establishment or sole practitioner establishment until the board reinstates the license. An individual or an establishment practicing as a massage therapist or operating as a massage therapy establishment or sole practitioner establishment during the period of voluntary license surrender is deemed an unlicensed practitioner or establishment and is subject to the applicable penalties.

(B) Surrendering a license must not be considered an admission of guilt in a proceeding held pursuant to this chapter. However, surrendering a license does not preclude the board from imposing conditions on the acceptance of the proffered license or from taking disciplinary action against the licensee.

Terms Used In South Carolina Code 40-30-260

  • Board: means the South Carolina Massage Therapy Board under the administration of the department. See South Carolina Code 40-30-30
  • Massage therapist: means an individual licensed as required by this chapter, who administers massage therapy for compensation. 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
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