by 
Alabama: https://almtbd.alabama.gov/pdf/2022/LAW-WestlawEdge22.pdf
Ҥ 34-43-17. Criminal penalties.
Any person who violates this chapter shall be guilty of a Class C misdemeanor. § 34-43-18. Injunction; civil penalty.
(a) In addition to the criminal penalties prescribed by this chapter, the board may seek an injunction against any person or establishment in violation of this chapter.
(b) In an action for an injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court costs
532-X-5-.02. Advertising Limitations.
(1) A written advertisement by a massage therapist or a massage therapy establishment shall contain the license number of the massage therapist or establishment.
(2) No person or establishment without valid massage therapy licensure shall advertise as a massage therapist or massage therapy establishment.
(3) An establishment whose primary function is not massage therapy and for which establishment massage therapy is incidental to the primary function, may apply to the Board for an exemption from licensure as a massage therapy establishment pursuant to the procedure state above.
(4) No sexually oriented business may use the terms “massage therapy,” or “bodywork” in any way form of advertising.
§ 34-43-17. Criminal penalties.
Any person who violates this chapter shall be guilty of a Class C misdemeanor.
§ 34-43-18. Injunction; civil penalty.
Currentness
(a) In addition to the criminal penalties prescribed by this chapter, the board may seek an injunction against any person or establishment in violation of this chapter.
(b) In an action for an injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court costs.”
Arizona: https://www.azleg.gov/viewdocument/?docName=http%3A%2F%2Fwww.azleg.gov%2Fars%2F32%2F04252.htm
https://www.azleg.gov/viewdocument/?docName=http%3A%2F%2Fwww.azleg.gov%2Fars%2F32%2F04260.htm”
“E. A person or entity that violates this section is guilty of a class 1 misdemeanor.
32-4260. Advertising requirements; civil penalty; definitions
A. A massage therapist or massage therapy business shall not advertise massage therapy services unless the advertisement includes either:
- The massage therapy license number of the massage therapist if the advertisement is for the services of a specific massage therapist.
- The business license number of at least one business license held by the massage therapy business if the advertisement does not offer the services of a specific massage therapist.
B. A massage therapist or massage therapy business shall retain on file, for at least one year, proof of the age of any massage therapist whose services are offered in any advertisement of massage therapy services.
C. A massage therapist or massage therapy business that violates this section is subject to a civil penalty of:
- Five hundred dollars for a first violation.
- One thousand five hundred dollars for a second violation.
- Five thousand dollars for a third or subsequent violation.
D. The attorney general, county attorney or city or town attorney may bring an action to enforce this section.
E. The court shall deposit any civil penalties collected pursuant to subsection C of this section into the human trafficking victims assistance fund established by section 41-114.
F. It is an affirmative defense in a civil action for a violation of subsection A of this section that the massage therapist or massage therapy business possessed a valid license at the time the advertisement was published.
G. It is an affirmative defense in a civil action for a violation of subsection B of this section that the massage therapist whose services were offered in an advertisement for massage therapy services was eighteen years of age or older at the time the advertisement was published.
H. For the purposes of this section:
- “”Advertisement”” means any message in any medium that offers or solicits any person to retain the services of the massage therapist or massage therapy business depicted in the advertisement.
- “”Massage therapy business”” means a person or business association that furnishes, offers to furnish or advertises the furnishing of massage therapists as one of its primary business purposes for any fee, tip or other consideration.
Arkansas: https://www.healthy.arkansas.gov/images/uploads/pdf/Arkansas_Massage_Therapy_Law_2021.pdf
17-86-103. Penalties
(a) Any person who violates any of the provisions of this chapter shall be found guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine not exceeding one thousand five hundred dollars ($1,500), or by both fine and imprisonment, at the discretion of the court.
(b) It shall be the duty of the prosecuting attorney in the county where the violation occurs, upon request by the Department of Health, to initiate proper legal proceedings in a court of competent jurisdiction to enforce the provisions of this chapter.
(c) Any person found guilty of violations of this chapter may be subject to emergency suspension or revocation of licensure dependent upon the findings.
(d) The courts of this state are vested with jurisdiction and power to enjoin the unlawful practice of massage therapy and related techniques in a proceeding by the department or by any citizen of this state in the county in which the alleged unlawful practice occurred, the county in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.
“(10) If a person commits an act that violates this article 235, the director may impose a fine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
12-235-113. Cease-and-desist orders. The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
12-235-115. Unauthorized practice – criminal penalties. (1) A person who practices or offers or attempts to practice massage therapy without an active license issued under this article 235 is subject to penalties pursuant to section 12-20-407 (1)(b).
(2) A person who knowingly aids or abets the unlicensed practice of massage therapy is subject to penalties pursuant to section 12-20-407 (1)(b).
(b) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person engages in any of the following activities:
(I) Repealed.
(II) Practices or offers or attempts to practice athletic training without an active registration issued under article 205 of this title 12;
(III) Practices or offers or attempts to practice massage therapy without an active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;
Connecticut: https://portal.ct.gov/DPH/Practitioner-Licensing–Investigations/Massagetherapist/Practice-Act
“g) Any person who violates the provisions of subsection (a) or (e) of this section shall be guilty of a class C misdemeanor.
(h) Any employer who knowingly and willfully employs a person who is in violation of the provisions of subsection (a) or (e) of this section to engage in massage therapy shall be guilty of a class C misdemeanor.
Florida: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0480/0480.html
“480.047 Penalties.—
(1) It is unlawful for any person to:
(a) Hold himself or herself out as a massage therapist or to practice massage therapy unless duly licensed under this chapter or unless otherwise specifically exempted from licensure under this chapter.
(b) Operate any massage establishment unless it has been duly licensed as provided herein, except that nothing herein shall be construed to prevent the teaching of massage therapy in this state at a board-approved massage therapy school.
(c) Permit an employed person to practice massage therapy unless duly licensed as provided herein.
(d) Present as his or her own the license of another.
(e) Allow the use of his or her license by an unlicensed person.
(f) Give false or forged evidence to the department in obtaining any license provided for herein.
(g) Falsely impersonate any other license holder of like or different name.
(h) Use or attempt to use a license that has been revoked.
(i) Otherwise violate any of the provisions of this act.
(2) Except as otherwise provided in this chapter, any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
480.049 Civil proceedings.—As cumulative to any other remedy or criminal prosecution, the department may file a proceeding in the name of the state seeking issuance of a restraining order, injunction, or writ of mandamus against any person who is or has been violating any of the provisions of this act or the lawful rules or orders of the department. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0480/0480.html
480.0535 Documents required while working in a massage establishment.—
(1) In order to provide the department and law enforcement agencies the means to more effectively identify, investigate, and arrest persons engaging in human trafficking, a person employed by a massage establishment and any person performing massage therapy therein must immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment. A valid government identification for the purposes of this section is:
(a) A valid, unexpired driver license issued by any state, territory, or district of the United States;
(b) A valid, unexpired identification card issued by any state, territory, or district of the United States;
(c) A valid, unexpired United States passport;
(d) A naturalization certificate issued by the United States Department of Homeland Security;
(e) A valid, unexpired alien registration receipt card (green card); or
(f) A valid, unexpired employment authorization card issued by the United States Department of Homeland Security.
(2) A person operating a massage establishment must:
(a) Immediately present, upon the request of an investigator of the department or a law enforcement officer:
1. Valid government identification while in the establishment.
2. A copy of the documentation specified in paragraph (1)(a) for each employee and any person performing massage therapy in the establishment.
(b) Ensure that each employee and any person performing massage therapy in the massage establishment is able to immediately present, upon the request of an investigator of the department or a law enforcement officer, valid government identification while in the establishment.
(3) A person who violates any provision of this section commits:
(a) For a first violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) For a second violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) For a third or subsequent violation, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. “
Georgia: https://rules.sos.ga.gov/GAC/345-10
Rule 345-10-.04 Unlicensed Practice
(1) Individuals who have engaged in the practice of massage therapy without a valid and active Georgia license shall be subject to a Cease and Desist Order, public reprimand, fine, and/or other sanction imposed by the board, as authorized by law.
(2) Fines for unlicensed practice, in addition to or in conjunction with any other board sanction, may be imposed according to the following guidelines:
(a) Unlicensed practice determined by the board to be:
- Practice for one (1) month or less: Letter of Concern from the board;
- Practice over one (1) month but not exceeding three (3) months: fine of $100 per month;
- Practice over three (3) months but not exceeding one (1) year: fine of $500;
- Practice over one (1) year but not exceeding two (2) years: fine of $750;
- Practice over two (2) years but not exceeding three (3) years: fine of $1,000;
- Practice over three (3) years: fine of $1000 plus an additional fine of $100 for each month or portion thereof over three (3) years, not to exceed a total fine of $5,000.
(b) Mitigating circumstances may be taken into account in varying the amount of assessed fines, subject to the board’s discretion.
(c) Licensees who fail to renew their licenses by the license expiration date, and who continue to practice as massage therapists after the license expiration date, have engaged in unlicensed practice and are subject to disciplinary action and fines imposed by the board.
43-24A-16. Practice of massage therapy without a license; injunctions.
The practice of massage therapy is declared to be an activity that affects the public health, safety, and welfare of Georgians. Such practice by a person who is not licensed to practice massage therapy in this state is declared to be a public nuisance, harmful to the public health, safety, and welfare. Any citizen of this state, the board, or the appropriate prosecuting attorney of a jurisdiction where such practice is carried on by such unlicensed person may, on behalf of the public, bring an action to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides or works. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law or to allege or prove any special injury.
43-24A-24. Fines and punishments for violations.
(a) Any person, entity, or board recognized massage therapy educational program that acts in violation of Code Section 43-24A-15, upon conviction thereof, shall be punished as provided in this Code section.
(b) Each act of unlawful practice under this Code section shall constitute a distinct and separate offense.
(c) Upon being convicted a first time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor for each offense which is punishable by a fine of not less than $500.00 nor more than $5,000.00. Upon being convicted a second time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature punishable by a fine of not less than $5,000.00 nor more than $10,000.00, or imprisonment for not less than six months nor more than one year, at the discretion of the court. Upon being convicted a third or subsequent time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 for each offense, imprisonment for not less than one nor more than five years, or both, and shall be precluded from owning, operating, or working for or with an entity that offers massage therapy.
43-24A-17. Disciplinary action.
(a) The board may take any one or more of the following actions against a person, entity, or board recognized massage therapy educational program found by the board to have committed a violation of this chapter:
(1) Reprimand or place the licensee on probation;
(2) Revoke or suspend the license or deny the issuance or renewal of a license;
(3) Impose an administrative fine not to exceed $500.00 for each violation; and
(4) Assess costs against the violator for expenses relating to the investigation and administrative action.
(b) The board may assess collection costs and interest for the collection of fines imposed under this chapter against any person, entity, or board recognized massage therapy educational program that fails to pay a fine as directed by the board.
Hawaii: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0452/HRS_0452-0019.htm
https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0452/HRS_0452-0024.htm
§452-19 Penalties. Any owner, operator, manager, or licensee in charge of or in control of a massage therapy establishment who knowingly employs a person who is not licensed as a massage therapist or who has not received a permit as a massage therapist apprentice as provided in this chapter, or who allows an unlicensed person to perform, operate, or practice massage is guilty of a misdemeanor.
[§452-23.5] Citation for licensee violations; fines. (a) In addition to any other remedy available under this chapter, the department of commerce and consumer affairs may issue a citation to any person who holds a massage therapist or massage therapy establishment license issued by the board, or is designated the principal massage therapist by the massage therapy establishment, for any of the following violations of this chapter or the rules adopted pursuant to this chapter and chapter 91:
(1) Failure of a massage therapy establishment, during all hours of operation, to conspicuously display a current massage therapy establishment license and the current licenses and permits of all persons employed by the massage therapy establishment who engage in the practice of massage therapy;
(2) Failure of a principal massage therapist to ensure that every massage therapist apprentice who engages in the practice of massage therapy at the massage therapy establishment wears a conspicuously placed name tag stating the massage therapist apprentice’s name and the word “”apprentice”” during all hours of operation;
(3) Operation of a massage therapy establishment without the presence of a principal massage therapist or a licensed designee during all hours of operation; or
(4) Failure of a massage therapist or massage therapy establishment to include the respective massage therapist’s or massage therapy establishment’s current license number in any advertisement pursuant to section 452-23(b). (b) Each citation: (1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated; (2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation; (3) Shall be served on the licensee by personal service; and (4) Shall inform the licensee that the licensee may submit a written request to the board for a hearing to contest the citation, within twenty calendar days from the service of the citation. (c) If the licensee timely submits a written request to the board for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91. (d) If the licensee does not timely submit a written request to the board for a hearing, the citation shall be deemed a final order of the board. (e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action by the board. [L 2016, c 146, §1]
§452-24 Disciplinary actions. (a) In addition to any other actions authorized by law, the board may take disciplinary action against any licensee, including, but not limited to, revocation, suspension, fine, or a combination thereof, or may refuse to grant or renew a license for any cause authorized by law, including but not limited to the following:
(1) Procuring a license through fraud, misrepresentation, or deceit or permitting an unlicensed person to perform activities which require a license under this chapter; (2) Conviction of any crime involving moral turpitude; (3) Practicing massage while the ability to practice is impaired by alcohol, drugs, physical disability, or mental instability; (4) Failure to display a license as provided in this chapter; (5) Professional misconduct, gross carelessness, or manifest incapacity in the practice of massage; (6) Violating this chapter or the rules adopted pursuant thereto; (7) Failing to comply with a board order; (8) Any other conduct constituting fraudulent or dishonest dealings; (9) Making a false statement on any document submitted or required to be filed by this chapter; or (10) Any representation, or the use of any designation, which states or implies that the person is able to perform a technique of massage which the person is not trained to perform. (b) Any person who violates any of the provisions of this chapter or the rules adopted pursuant thereto shall be fined not less than $250 nor more than $2,000 for each violation.
§16-84-19 Suspension and revocation of licenses. Any establishment or
an out-call massage service license, a principal massage therapist registration, a
massage therapist license, or an apprentice permit may be suspended or revoked
upon any one of the following grounds:
(1) Falsification or misrepresentation in the application for a license,
registration, or permit;
(2) Practicing massage under a false name or name other than that on
the license or apprentice permit;
(3) Use of untrue, fraudulent, misleading, or deceptive advertising, or
of any form or manner of advertising which may directly or
indirectly suggest sexual or immoral acts;
(4) Abandoning an establishment or an out-call massage service
without prior notice to the board;
(5) Violation of any law or rule concerning or affecting the practice of
massage, including any provision of chapter 452, HRS, or this
chapter;
(6) Prescribing, administering, or making recommendations as to
medication or injection therapy;
(7) Stating or implying through any newspaper, magazine, directory,
pamphlet, poster, card, circular, or other writing or publication or
by any advertisement, that the registrant, has cured, can cure, or
guarantees to cure, or has successfully treated any disease, defect,
or deformity;
(8) Participating in or using the establishment for any lascivious
conduct, lewdness, or any sexual act;
(9) Teaching the practical application of body massage without the
proper qualification as outlined in this chapter; and
(10) Causing bodily injury by carelessness or negligence as a result of
practicing massage. https://cca.hawaii.gov/pvl/files/2013/08/har_84-c2.pdf
Idaho: https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title54/T54CH40.pdf
“54-4014. ENFORCEMENT — PENALTIES. A person who violates any provision
of this chapter shall, upon conviction, be guilty of a misdemeanor. The
board may seek an injunction against any person who practices massage
therapy in violation of the provisions of this chapter. “
“(225 ILCS 57/90)
(Section scheduled to be repealed on January 1, 2027)
Sec. 90. Violations; injunction; cease and desist order.
(a) If any person violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois or the State’s Attorney in the county in which the offense occurs, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
(b) If any person practices as a massage therapist or holds himself or herself out as a massage therapist without being licensed under the provisions of this Act, then the Secretary, any licensed massage therapist, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county in which the violation or some part thereof occurred, or in which the person complained of has his or her principal place of business or resides, to prevent the violation. The court has jurisdiction to enforce obedience by injunction or by other process restricting the person complained of from further violation and enjoining upon him or her obedience.
(c) Whenever, in the opinion of the Department, a person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him or her. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued.
(225 ILCS 57/155)
(Section scheduled to be repealed on January 1, 2027)
Sec. 155. Violations.
(a) A person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for the second and any subsequent offense.
(b) Whoever knowingly practices or offers to practice massage therapy in this State without a license for that purpose, or whoever knowingly aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice massage therapy contrary to any rule or provision of this Act, shall be guilty of a Class A misdemeanor and, for each subsequent conviction, shall be guilty of a Class 4 felony.
(225 ILCS 57/165)
(Section scheduled to be repealed on January 1, 2027)
Sec. 165. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice massage therapy or as a massage therapist without being licensed under this Act, or any person not licensed under this Act who aids, abets, assists, procures, advises, employs, or contracts with any unlicensed person to practice massage therapy contrary to any rules or provisions of this Act, shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each violation of this Act as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(d) All moneys collected under this Section shall be deposited into the General Professions Dedicated Fund.”
Iowa: https://www.legis.iowa.gov/law/administrativeRules/rules?agency=645&chapter=134
“645—134.5(152C) Civil penalties.
134.5(1) Civil penalties may be imposed upon a person or business that employs an individual
who is not licensed as a massage therapist. Civil penalties may be imposed upon a person or business
that employs an individual who uses the initials “L.M.T.” or the words “licensed massage therapist,”
“massage therapist,” “masseur,” or “masseuse,” or any other words or titles which imply or represent
that the employed person practices massage therapy but who is not licensed as a massage therapist.
Failure to follow the above may result in:
a. A civil penalty not to exceed $1000 on a person or business that violates this rule:
(1) Each violation is a separate offense.
(2) Each day a continued violation occurs after citation by the board is a separate offense with the
maximum penalty not to exceed $10,000;
b. The board’s inspection of any facility which advertises or offers services purporting to be
delivered by massage therapists;
c. A citation being sent to the alleged violator by certified mail, return receipt requested; and
d. The board’s consideration of the following in determining civil penalties:
(1) Whether the amount imposed will be a substantial economic deterrent to the violation.
(2) The circumstances leading to or resulting in the violation.
(3) The severity of the violation and the risk of harm to the public.
(4) The economic benefits gained by the violator as a result of noncompliance.
(5) The welfare or best interest of the public.
134.5(2) Civil penalties may be imposed upon a person who is practicing as a massage therapist
without a license. Civil penalties may be imposed upon a person who practices as an individual and
uses the initials “L.M.T.” or the words “licensed massage therapist,” “massage therapist,” “masseur,”
or “masseuse,” or any other words or titles which imply or represent that the person practices massage
therapy but who is not licensed as a massage therapist. A person must be licensed as a massage therapist
to practice in this state as a massage therapist. Failure to follow the above may result in:
a. A civil penalty not to exceed $1000 on a person who violates this rule:
(1) Each violation is a separate offense.
(2) Each day a continued violation occurs after citation by the board is a separate offense with the
maximum penalty not to exceed $10,000;
b. The board’s inspection of any facility which advertises or offers services purporting to be
delivered by massage therapists;
c. A citation being sent to the alleged violator by certified mail, return receipt requested;
d. The board’s consideration of the following in determining civil penalties:
(1) Whether the amount imposed will be a substantial economic deterrent to the violation.
(2) The circumstances leading to or resulting in the violation.
(3) The severity of the violation and the risk of harm to the public.
(4) The economic benefits gained by the violator as a result of noncompliance.
(5) The welfare or best interest of the public.
134.5(3) Issuing an order or citation.
a. The board shall provide a written notice and the opportunity to request a hearing on the record.
b. The hearing must be requested within 30 days of the issuance of the notice and shall be
conducted according to Iowa Code chapter 17A.
c. The board may, in connection with a proceeding under this subrule, issue subpoenas to require
the attendance and testimony of witnesses and the disclosure of evidence and may request the attorney
general to bring an action to enforce the subpoena.
134.5(4) Judicial review.
a. A person aggrieved by the imposition of a civil penalty under this rule may seek a judicial
review in accordance with Iowa Code section 17A.19.
b. The board shall notify the attorney general of the failure to pay a civil penalty within 30 days
after entry of an order or within 10 days following final judgment in favor of the board if an order has
been stayed pending appeal.
Ch 134, p.2 IAC
c. The attorney general may commence an action to recover the amount of the penalty, including
reasonable attorney fees and costs.
d. An action to enforce an order under this rule may be joined with an action for an injunction.
134.5(5) A person is not in violation of the statute or rules if that person practices massage therapy
for compensation while in attendance at a school offering a curriculum meeting the requirements of
645—Chapter 132 and is under the supervision of a member of the school’s faculty https://www.legis.iowa.gov/law/administrativeRules/rules?agency=645&chapter=134
152C.4 Practicing as a massage therapist without a license — employment of person not
licensed — civil penalty.
- The board, or its authorized agents, may inspect any facility that advertises or offers the
services of massage therapy. The board may, by order, impose a civil penalty upon a person
who practices as a massage therapist without a license issued under this chapter or a person
or business that employs an individual who is not licensed under this chapter. The penalty
shall not exceed one thousand dollars for each offense. Each day of a continued violation after
an order or citation by the board constitutes a separate offense, with the maximum penalty
not to exceed ten thousand dollars. In determining the amount of a civil penalty, the board
may consider the following:
a. Whether the amount imposed will be a substantial economic deterrent to the violation.
b. The circumstances leading to or resulting in the violation.
c. The severity of the violation and the risk of harm to the public.
d. The economic benefits gained by the violator as a result of noncompliance.
e. The welfare or best interest of the public. - Before issuing an order or citation under this section, the board shall provide written
notice and the opportunity to request a hearing on the record. The hearing must be requested
within thirty days of the issuance of the notice and shall be conducted as provided in chapter
17A. The board may, in connection with a proceeding under this section, issue subpoenas to
compel the attendance and testimony of witnesses and the disclosure of evidence and may
request the attorney general to bring an action to enforce the subpoena. - A person aggrieved by the imposition of a civil penalty under this section may seek
judicial review in accordance with section 17A.19. The board shall notify the attorney general
of the failure to pay a civil penalty within thirty days after entry of an order pursuant to
subsection 1, or within ten days following final judgment in favor of the board if an order has
been stayed pending appeal. The attorney general may commence an action to recover the
amount of the penalty, including reasonable attorney fees and costs. An action to enforce an
order under this section may be joined with an action for an injunction. https://www.legis.iowa.gov/docs/code/2023/152C.pdf
“
Kentucky: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30366
“309.3535 Penalty for violation of KRS 309.353.
Any person who violates KRS 309.353 shall be guilty of a Class B misdemeanor. “
Loiusiana: https://www.labmt.org/uploads/2023laws.pdf
Ҥ3565. Penalties
A. Violation of the provisions of this Chapter shall be considered a misdemeanor and
any person, including the owner or operator of a massage establishment, upon conviction, shall
be fined not less than one hundred nor more than one thousand dollars or imprisoned for not
more than six months, or both.
B. A person convicted of a violation of the provisions of this Chapter shall additionally
be ineligible for licensure as a massage therapist or as a massage establishment for a period of up
to five years from the date of conviction.
§3566. Injunction
A. In addition to the actions and penalties otherwise provided for by this Chapter, the
board may cause to issue in any court of competent jurisdiction an injunction without bond
enjoining any person from violating or continuing to violate the provisions of this Chapter.
B. In the suit for an injunction, the court may impose a penalty of fifty dollars per day
for each violation, together with reasonable attorney fees and the costs of court.
C. An award of penalties, attorney fees, and court costs may be rendered in the same
judgment in which the injunction is made absolute. If the board is unsuccessful in obtaining
injunctive relief, the court may award attorney fees and costs to the prevailing party.”
“§6–311. (a) An action may be maintained in the name of the State or the Board to enjoin: (1) The unauthorized practice of massage therapy; or (2) Conduct that is a ground for disciplinary action under § 6–308 of this subtitle. (b) An action under this section may be brought by: (1) The Board in its own name; (2) The Attorney General, in the name of the State; or (3) A State’s Attorney, in the name of the State. (c) An action under this section may be brought in the county where the defendant: (1) Resides; or (2) Engages in the act sought to be enjoined. (d) (1) Except as provided in paragraph (2) of this subsection, an action under this section may not be brought against an individual who is authorized to practice a health occupation under this article. (2) An action under this section may be brought against an individual who is authorized to practice massage therapy under this title. (e) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section. (f) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of massage therapy under § 6–501 of this title or disciplinary action under § 6–308 of this subtitle.
.09 Penalties.
If a license holder or registration holder violates a regulation in this chapter, the Board may take action pursuant to Health Occupations Article, §6308, Annotated Code of Maryland. The Board may also impose a penalty not exceeding $5,000.
§6–504.
(a) A person who practices or attempts to practice massage therapy without a license or registration in violation of § 6–501 of this subtitle or represents to the public in violation of § 6–502 of this subtitle that the person is authorized to practice massage therapy is guilty of a misdemeanor and on conviction is subject to: (1) For a first offense, a fine not exceeding $2,000 or imprisonment not exceeding 6 months; or (2) For a subsequent offense, a fine not exceeding $6,000 or imprisonment not exceeding 1 year. (b) A person who is convicted under subsection (a) of this section shall reimburse the Board for the direct costs of the Board, including court reporting services and expert witness fees, incurred as a result of a prosecution under subsection (a) of this section. (c) (1) A person who violates § 6–501 of this subtitle is subject to a civil fine of not more than $10,000 to be assessed by the Board in accordance with regulations adopted by the Board. (2) The Board shall pay any penalty collected under this subsection into the State Board of Massage Therapy Examiners Fund. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gho§ion=6-504&enactments=False&archived=False
Big chart of infractions and penalties—https://dsd.maryland.gov/regulations/Pages/10.65.09.06.aspx“
Massachussets: https://malegislature.gov/Laws/SessionLaws/Acts/2006/Chapter135Sectionn 232.
(a) The board shall conduct inspections and investigate all complaints filed relating to the proper practice of massage therapy, the operation of a massage school, and any violation of sections 227 to 236, inclusive, or any rule or regulation of the board. Such complaints may be brought by any person, or the board may, on its own, initiate a complaint.
(b) The board shall be under the supervision of the division of professional licensure and shall have all the authority conferred under sections 61 to 65E, inclusive. For the purposes of this section and sections 61 to 65E, inclusive, conduct which places into question the holder’s competence to practice massage therapy shall include, but not be limited to: (1) committing fraud or misrepresentation in obtaining a license; (2) criminal conduct which the board determines to be of such a nature as to render the person unfit to practice as a licensed massage therapist, as evidenced by criminal proceedings which resulted in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts; (3) violating any rule or regulation of the board; (4) failing to cooperate with the board or its agents in the conduct of an inspection or investigation; (5) failing to fulfill any continuing education requirements set out by the board; (6) violating an ethical standard which the board determines to be of such a nature as to render the person unfit to practice as a massage therapist, including, but not limited to:
(i) inappropriate conduct or touching in the practice of massage therapy;
(ii) offering medical opinion or diagnosis; or
(iii) negligence in the course of professional practice.
The board may issue an order to a licensee directing him to cease and desist from unethical or unprofessional conduct if the board finds, after the opportunity for a hearing, that the licensee has engaged in such conduct.
(d) A massage therapist, whose license to practice is suspended for more than 1 year for professional misconduct with regard to insurance claims, shall not own, operate, practice in or be employed by another massage therapist, or a physical therapist or chiropractor, in any capacity, until the license is reinstated by the board. A massage therapist, whose license is suspended for a second offense with regard to insurance claims, shall have the license permanently revoked and may not own, operate, practice or be employed in a business that provides massage therapy, physical therapy or chiropractic care.
(e) Nothing in this section shall limit the board’s authority to impose sanctions by consent agreement that are considered reasonable and appropriate by the board. Any person aggrieved by any disciplinary action taken by the board pursuant to this section or section 235 may, pursuant to section 64, file a petition for judicial review”
Mississippi: https://www.msbmt.ms.gov/sites/msbmt/files/73-67%207.1.2021..pdf
https://www.msbmt.ms.gov/sites/msbmt/files/MSBMT.Rules.Clean.11.24.2021.pdf
“(3)(a) Any person(s) found guilty of prostitution using as any advertisement, claim or insignia of
being an actual licensed massage therapist or to be practicing massage therapy by using the
word “”massage”” or any other description indicating the same, whether or not the person(s)
have one or more license for the person(s) or establishment(s). shall be guilty of a
misdemeanor, and upon conviction, shall be punished by a fine of not less than One Thousand
Dollars ($1,000.00), nor more than Flve Thousand Dollars ($5,000.00), or imprisonment of
up to six (5) months, or both, per offense, per person,
(b) Any person who knowingly particlpates in receiving illegal service(s) of any person found
guilty as described in paragraph (a) of this subsection, upon conviction, shall be punished by
a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for up to one (1)
month, or both. Persons officially designated to investigate complaints are exempt.
(c) Any person who violates any provision of this chapter, other than violation(s) of
paragraph (a) of this subsection, is guilty of a misdemeanor, and upon conviction, shall be
punished by a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for up to
one (1) month in jail, or both, per offense.
(d) The board, ln its discretion, may assess and tax any part or all of the costs of any
disciplinary proceedings conducted against either the accused, the charging party, or both, as
it may elect
Rule 2.2 A. Fines and Penalties. The Board shall establish reasonable and customary fines and
penalties. Any violation of the Rules and Regulations, or provisions of 73-67-1 through 73-67-
39, shall be punishable by a fine of no less than $25.00 and no more than $100.00 per occurrence
unless otherwise set forth by rule or statutory provision. By definition, a violation is the first day
that sufficient evidence is received, either in writing or via on-site inspection. Fine schedule for
violations (including but not limited to):
- Working without a License properly displayed$25.00 per occurrence
- Working without a License for that location $25.00 per occurrence
- Working without a Code of Ethics properly displayed $25.00 per occurrence
- Working with an expired Provisional Permit or Temporary Practice Permit
$100.00 per occurrence for the first violation; and Up to $500.00 per
occurrence for each violation thereafter - Working with an expired License $100.00 per occurrence for first violation; and
Up to $500.00 per occurrence for each violation thereafter - Advertising with a revoked, inactive, retired, suspended or expired Provisional Permit or License or a Temporary Practice Permit $100.00 per occurrence for first violation; and
Up to $500.00 per occurrence for each violation thereafter - Working without a license: See section 73-67-27(3)(a), (b), (c) Miss.
Code Ann. (1972) as amended - It shall be the responsibility of a massage therapy establishment to
register annually to update required information and verify the current
license of any and all persons practicing massage therapy at the location
of or on behalf of the establishment. Failure to comply is subject to
penalty assessed by the Board of not less than $500.00 and not more
than $1000.00 per violation. - It shall be the responsibility of the licensee, a massage therapy
establishment, a Board approved school, and/or a separate advertising
entity to verify and include current license numbers in all advertising, no
matter the format. (See section 73-67-29 (7).) Failure to comply is
subject to penalty assessed by the Board up to $1000.00 per violation. - Failure to comply with any provisions of Rule 7.5 and 73-67-29 is
subject to penalty assessed by the Board up to $500.00 per violation. - Failure to comply with any provisions of Rule 7.4.B and 73-67-29 is
subject to penalty assessed by the Board up to $500.00 per violation. - Failure of a massage establishment to comply with any provisions of
Chapter 11 is subject to penalty assessed by the Board up to $1000.00
per violation.
In addition to administrative penalties of the Board, criminal sanctions for
violations may be imposed in accordance with § 73-67-27(3)(a), (b), (c) Miss.
Code Ann. (1972) as amended.
https://www.msbmt.ms.gov/sites/msbmt/files/MSBMT.Rules.Clean.11.24.2021.pdf
Rule 7.3 Representation as “Licensed Massage Therapist” by an Unlicensed Person.
Any person who represents himself/herself by the title “Licensed Massage Therapist” without
having first complied with the application procedures set forth and without having been awarded
a license by the Mississippi State Board of Massage Therapy shall be fined not more than Five
Hundred Dollars ($500.00), or imprisonment for up to one (1) month in jail, or both, per offense.
See section 73-67-27 (3) (c). https://www.msbmt.ms.gov/sites/msbmt/files/MSBMT.Rules.Clean.11.24.2021.pdf
Rule 8.5 Sanctions. A. Civil:
The Board may impose any of the following sanctions, singularly or in combination,
when it finds that a licensee is guilty of any of the offenses including but not limited to
those referred to in Chapter 8:
- Issuance of a letter of official reprimand to the licensee;
- Refusal to renew license;
- Restriction or limitation of the individual’s scope of practice;
- Suspension of the licensee for any period of time; and
- Revocation of the license.
- Reasonable and customary fines and penalties.
B. Criminal Liabilities: - Any person(s) found guilty of prostitution using as any advertisement, claim or
insignia of being an actual licensed massage therapist or to be practicing massage
therapy by using the word “massage” or any other description indicating the
same, whether or not such person(s) have one or more such license for person(s)
or establishment(s), shall be guilty of a misdemeanor, and upon conviction, shall
be punished by a fine of not less than One Thousand Dollars ($1,000.00), nor
more than Five Thousand Dollars ($5,000.00), or imprisonment of up to six (6)
months, or both, per offense, per person. - Any person who knowingly participates in receiving illegal services of any
person found guilty as described in paragraph (a) of this subsection, upon
conviction, shall be punished by a fine not exceeding Five Hundred Dollars
($500.00), or imprisonment for up to one (1) month in jail, or both. Persons
officially designated to investigate complaints are exempt. - Any person who violates any provision of this act, other than violation(s) of paragraph “B
(1)” of this subsection, is guilty of a misdemeanor, and upon conviction, shall be punished by a
fine not exceeding Five Hundred Dollars ($500.00) unless otherwise specified, or imprisonment
for up to one (1) month in jail, or both, per offense https://www.msbmt.ms.gov/sites/msbmt/files/MSBMT.Rules.Clean.11.24.2021.pdf”
Missouri: https://revisor.mo.gov/main/OneSection.aspx?section=324.275&bid=17329
324.275. Violation — penalty. — Any person who violates any of the provisions of sections 324.240 to 324.275 is guilty of a class A misdemeanor.
Montana: https://boards.bsd.dli.mt.gov/_docs/mca/2019-MCA-Title-37-Ch-33-LMT—Massage-Therapy.pdf
“37-33-501. License required — enjoining unlawful practice. (1) A person may not practice or
purport to practice massage therapy without first obtaining a license under the provisions of 37-33-502.
(2) A person who is not licensed as a massage therapist, whose license has been suspended or
revoked, or whose license has lapsed and has not been revived may not use the words or letters
“”massage therapist””, “”licensed massage therapist””, “”L.M.T.””, “”masseur””, or “”masseuse”” or any other
letters, words, or insignia indicating or implying that the person is a licensed massage therapist or in any
way, orally, in writing, or in print or by sign, directly or by implication, purport to be a massage therapist.
(3) A person who knowingly violates the provisions of this section is guilty of a misdemeanor as
provided in 37-33-504
37-33-504. Penalty. Any person who knowingly violates any provisions of this chapter is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not more than $500 or by imprisonment
in the county jail for a term of not more than 6 months, or both.
Nevada: https://www.leg.state.nv.us/NRS/NRS-640C.html
“NRS 640C.712 Administrative fines for certain unlawful acts; regulations.
1. In addition to any other actions authorized by NRS 640C.710, if, after notice and a hearing as required by law, the Board determines that a licensee has engaged in or solicited sexual activity during the course of practicing massage, reflexology or structural integration on a person, as set forth in subsection 4 of NRS 640C.700, or has been convicted of prostitution or any other sexual offense that occurred during the course of practicing massage, reflexology or structural integration on a person, the Board may: (a) For a first violation, impose an administrative fine of not less than $100 and not more than $1,000; (b) For a second violation, impose an administrative fine of not less than $250 and not more than $5,000; and (c) For a third violation and for each additional violation, impose an administrative fine of not less than $500 and not more than $10,000. 2. The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this section. The standards must include, without limitation, provisions requiring the Board to consider: (a) The gravity of the violation; (b) The good faith of the licensee; and (c) Any history of previous violations of the provisions of this chapter committed by the licensee https://www.leg.state.nv.us/NRS/NRS-640C.html
NAC 640C.450 Schedule of administrative fines. (NRS 640C.320, 640C.755)
1. The Board adopts the following schedule of administrative fines for any administrative citation issued pursuant to NRS 640C.755:
See chart in link below
Violation First Violation Second Violation Third or
Subsequent Violation
MASSAGE THERAPIST, REFLEXOLOGIST OR STRUCTURAL INTEGRATION PRACTITIONER
Practicing with an expired license…………………….$200 $500 $1,000
Failure to display license in a conspicuous manner as required by NRS 640C.450………………200, 500 1,000
Using advertisements which contain knowingly false or deceptive statements………………500 1,500 2,500
Altering a license…………………………………………1,000 3,000 5,000
Advertising without a license number on advertisement…………………………………100. 250 500
Failing to comply with NAC 640C.200 to 640C.320, inclusive……………………………200 500 1,000
Failing to notify the Board of a change of his or her address as required by NAC 640C.085…100, 200,500
Failing to drape a client as required by NAC 640C.340……………………………200, 500, 1,000
Performing reflexology on a client in violation of NAC 640C.345…………200, 500, 1,000
Offering to perform sexual activities during the practice of massage therapy, reflexology or structural integration…………………………………1,000, 2,000. 5,000
MASSAGE ESTABLISHMENTS, REFLEXOLOGY ESTABLISHMENTS OR STRUCTURAL INTEGRATION ESTABLISHMENTS
Failing to notify the Board of a change of the name or address of an establishment as required by NAC 640C.085………………………………………100,200, 500
Failing to comply with NAC 640C.200 to 640C.320, inclusive…………………………200, 500, 1,000
Operating a massage establishment, a reflexology establishment or a structural integration establishment without the applicable certificate. 1,000, 2,500, 5,000
Failure to display certificate…………………………….200,500,1,000
Offering to perform sexual activities………………….1,000, 2,000, 5,000
ANY PERSON Practicing massage therapy, reflexology or structural integration without a license or certificate………………………………………………..1,000, 2,500, 5,000
Copying or altering a license or certificate for the purposes of fraud, deception, misrepresentation or other illegal purpose……..1,000, 3,000, 5,000
Using a copied or altered license or certificate for purposes of fraud, deception, misrepresentation or other illegal purpose……..1,000, 2,000,5,000
Offering to perform massage therapy, reflexology or structural integration without a license.1,000, 2,000, 5,000
Offering to perform sexual activities during the course of practicing massage therapy, reflexology or structural integration……………1,000,2,000,5,000
Advertising to perform massage therapy, reflexology or structural integration without the applicable license……………………………………..1,000, 2,500, 5,000
2. A person who violates a provision of this chapter or chapter 640C of NRS for which this section does not provide a specific fine, including, without limitation, a second or subsequent violation, may be: (a) Ordered to appear at a disciplinary hearing before the Board; and (b) Punished by the Board as set forth in NRS 640C.700. (Added to NAC by Bd. of Massage Therapy by R108-17, eff. 2-27-2018; A by R040-18, 6-26-2018) NAC 640C.455 Additional factors for consideration by Board in determining administrative fine imposed against licensee for engaging in or soliciting sexual activity or for conviction of prostitution or other sexual offense. (NRS 640C.320, 640C.712) In addition to the factors described in NRS 640C.712, in determining the amount of an administrative fine imposed pursuant to NRS 640C.712, the Board will consider: 1. The number of times the licensee has been arrested for prostitution or any other sexual offense; 2. The number of times the licensee has been convicted of prostitution or any other sexual offense; 3. Whether there were any aggravating factors involved in the sexual activity, including, without limitation, the use of firearms; 4. The good faith of the licensee; and 5. Any other aggravating or mitigating factor found by the Board.”
New Hampshire: https://www.gencourt.state.nh.us/rsa/html/XXX/328-B/328-B-mrg.htm
” 328-B:11 Violations; Penalty. – Any person practicing massage within the meaning of this chapter, without first obtaining a license as required by this chapter, or who violates any of the provisions of, or rules adopted under this chapter, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for the first offense. For a subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day such facility shall operate or person shall practice this activity after a first conviction shall be considered a subsequent offense
328-B:12 Injunctive Relief. – The practice of massage by a person without a license issued under this chapter or whose license has been suspended or revoked, or has expired is declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or disciplinary remedy, the attorney general, the executive director, the prosecuting attorney of any county or municipality where the person is practicing or purporting to accordance with the laws of this state, maintain an action to enjoin that person from practicing massage until such person secures a valid license. An injunction without bond is available to the executive director for enforcement of this chapter.”
New Jersey: https://www.njconsumeraffairs.gov/Documents/legal/New_Jersey_Uniform_Enforcement_Act.pdf
“45:1-11. Violations; penalty
Any person violating this act shall be guilty of a misdemeanor.”
New Mexico: nmonesource.com
“1-12C-27. Offenses; criminal penalties. (Repealed effective July 1, 2028.)
An individual who does any of the following is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978:
A. violates a provision of the Massage Therapy Practice Act or rules adopted pursuant to that act;
B. renders or attempts to render massage therapy services without the required current valid license issued by the board; or
C. advertises or uses a designation, diploma or certificate implying that the individual is a massage therapist or massage therapy school unless the individual holds a current valid license or registration issued by the board.”
North Carolina:
https://www.bmbt.org/downloads/Practice%20Act%20With%20Revisions%207-21.pdf
See this full document: http://www.bmbt.org/downloads/Disc%20Action%20Fines-CivilPenalties%2012-07.pdf”
Ҥ 90-632.18. Enforcement; injunctive relief against massage and bodywork therapy
establishments.
The Board may utilize the enforcement and injunctive relief set forth in G.S. 90-634 and assess civil
penalties and disciplinary costs as provided in G.S. 90-634.1 to address violations of G.S. 90-632.10
through G.S. 90-632.17, any rules adopted pursuant to G.S. 90-632.13, or any other laws or rules
applicable to the operation of a massage and bodywork therapy establishment. https://www.bmbt.org/downloads/Practice%20Act%20With%20Revisions%207-21.pdf
§ 90-634. Enforcement; injunctive relief.
(a) It is unlawful for a person not licensed or exempted under this Article to engage in any of the
following:
(1) Practice of massage and bodywork therapy.
(2) Advertise, represent, or hold out himself or herself to others to be a massage and bodywork therapist.
(3) Use any title descriptive of any branch of massage and bodywork therapy, as provided in
G.S. 90-623, to describe his or her practice.
(b) A person who violates subsection (a) of this section shall be guilty of a Class 1 misdemeanor.
(b1) Unless exempt from the approval process, it is unlawful for an individual, association, partnership,
corporation, or other entity to open, operate, or advertise a massage and bodywork therapy school
without first having obtained the approval required by G.S. 90-631.1.
(b2) An individual, association, partnership, corporation, or other entity that violates subsection (b1) of
this section shall be guilty of a Class 3 misdemeanor.
(b3) It is unlawful for a person, individual, association, partnership, corporation, or other entity to do
any of the following:
(1) Employ, hire, engage, or otherwise contract with a person who is not licensed or
exempted under this Article to provide massage and bodywork therapy services to the
public.
(2) Aid and abet any person not licensed or exempted under this Article in the practice of
massage and bodywork therapy.
(3) Advertise, represent, or hold out any person not licensed or exempted under this Article
to others as a massage and bodywork therapist.
(4) Describe the practice of any person not licensed or exempted under this Article or use
any title descriptive of any branch of massage and bodywork therapy to reference any
such person in violation of G.S. 90-623.
(b4) A person who violates subsection (b3) of this section shall be guilty of a Class 1 misdemeanor.
(c) The Board may make application to superior court for an order enjoining a violation of this Article.
Upon a showing by the Board that a person, association, partnership, corporation, or other entity has
violated or is about to violate this Article, the court may grant an injunction, restraining order, or take other
appropriate action .
§ 90-634.1. Civil penalties; disciplinary costs.
(a) Authority to Assess Civil Penalties. The Board may assess a civil penalty not in excess of one
thousand dollars ($1,000) for the violation of any section of this Article or the violation of any rules
adopted by the Board. The continuation of the same act for which the penalty is imposed shall not be the
basis for an additional penalty unless the penalty is imposed against the same party who has repeated
the same act for which the discipline has previously been imposed. The clear proceeds of any civil
penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in
accordance with G.S. 115C-457.2.
(b) Consideration Factors. Before imposing and assessing a civil penalty, the Board shall consider
the following factors:
(1) The nature, gravity, and persistence of the particular violation.
(2) The appropriateness of the imposition of a civil penalty when considered alone or in
combination with other punishment.
(3) Whether the violation was willful and malicious.
(4) Any other factors that would tend to mitigate or aggravate the violations found to exist.
(c) Schedule of Civil Penalties. The Board shall establish a schedule of civil penalties for violations
of this Article and rules adopted by the Board.
(d) Transcriptions Costs. The Board may assess the costs of transcriptions of a disciplinary hearing
held by the Board or the Office of Administrative Hearings to include the recording of the hearing by a
court reporter and transcription of the proceeding against a person found to be in violation of this Article
or rules adopted by the Board.
North Dakota : https://www.ndlegis.gov/cencode/t43c25.pdf
“43-25-19. Penalty for violation.
Any person violating section 43-25-03 without being exempt under section 43-25-04 is guilty
of a class B misdemeanor. In addition to the criminal penalties provided, the board may initiate a
civil action in a court of competent jurisdiction as necessary to enforce this chapter or any rule
adopted under this chapter, including an injunction to restrain a violation, without proof of actual
damages sustained by any person.”
Ohio: https://codes.ohio.gov/ohio-revised-code/section-4731.225
“Section 4731.225 | Civil penalty.
(A) If the holder of a license or certificate issued under this chapter violates division (A), (B), or (C) of section 4731.66 or section 4731.69 of the Revised Code, or if any other person violates division (B) or (C) of section 4731.66 or section 4731.69 of the Revised Code, the state medical board, pursuant to an adjudication under Chapter 119. of the Revised Code and an affirmative vote of not fewer than six of its members, shall:
(1) For a first violation, impose a civil penalty of not more than five thousand dollars;
(2) For each subsequent violation, impose a civil penalty of not more than twenty thousand dollars and, if the violator is a license or certificate holder, proceed under division (B)(27) of section 4731.22 of the Revised Code.
(B)(1) If the holder of a license or certificate issued under this chapter violates any section of this chapter other than section 4731.281 or 4731.282 of the Revised Code or the sections specified in division (A) of this section, or violates any rule adopted under this chapter, the board may, pursuant to an adjudication under Chapter 119. of the Revised Code and an affirmative vote of not fewer than six of its members, impose a civil penalty. The amount of the civil penalty shall be determined by the board in accordance with the guidelines adopted under division (B)(2) of this section. The civil penalty may be in addition to any other action the board may take under section 4731.22 of the Revised Code.
(2) The board shall adopt and may amend guidelines regarding the amounts of civil penalties to be imposed under this section. Adoption or amendment of the guidelines requires the approval of not fewer than six board members.
Under the guidelines, no civil penalty amount shall exceed twenty thousand dollars.
(C) Amounts received from payment of civil penalties imposed under this section shall be deposited by the board in accordance with section 4731.24 of the Revised Code. Amounts received from payment of civil penalties imposed for violations of division (B)(26) of section 4731.22 of the Revised Code shall be used by the board solely for investigations, enforcement, and compliance monitoring.”
Oklahoma: https://www.ok.gov/cosmo/documents/OAC%20175%20Ch.%2020%20reg%20text%202018.pdf
§59-4200.13. Violations
A. A person who does any of the following shall be guilty of a misdemeanor upon conviction:
- Violates a provision of the Massage Therapy Practice Act or rules adopted pursuant to the
Massage Therapy Practice Act; - Renders or attempts to render massage therapy services or massage therapy instruction
without the required current valid license issued by the State Board of Cosmetology and Barbering; - Advertises or uses a designation, diploma or certificate implying that the person offers
massage therapy instruction or is a massage therapy school unless the person holds a current valid
license issued by the Oklahoma Board of Private Vocational Schools or is a technology center school
accredited by the Oklahoma State Board of Career and Technology Education; or - Advertises or uses a designation, diploma, or certificate implying that the person is a massage
therapist unless the person holds a current valid license issued by the State Board of Cosmetology and
Barbering.
B. 1. Therapists regulated by the Massage Therapy Practice Act shall be designated as “massage
therapists” and entitled to utilize the term “massage” when advertising or printing promotional material. - Any person who uses a professional title regulated by the Massage Therapy Practice Act who
is not authorized to use the professional title shall be subject to disciplinary action by the Board. - Any person who knowingly aids and abets one or more persons not authorized to use a
professional title regulated by the Massage Therapy Practice Act or knowingly employs or contracts
with a person or persons not authorized to use a regulated professional title in the course of the
employment, shall also be subject to disciplinary action by the Board. It shall be a violation of the
Massage Therapy Practice Act for any person to advertise massage therapy services in any combination
with any escort or dating service.
Oregon: https://www.oregonlegislature.gov/bills_laws/ors/ors687.html
“687.061 Expiration and renewal of license and permit; rules; fees; sanctions for practicing without valid license or operating without valid permit; penalty. (1) Licenses issued under ORS 687.051 and permits issued under ORS 687.059 expire on the date established by the State Board of Massage Therapists by rule and may be renewed after payment of a renewal fee established by the board under ORS 687.071. If the renewal fee is not paid by the expiration date established by the board, a delinquency fee must be paid prior to renewal. Licenses and permits may be renewed within three years after the date of expiration upon payment of the renewal fee and the delinquency fee established by the board.
(2) An individual who engages in the practice of massage without holding a valid license issued under ORS 687.051 or a person who operates a massage facility without holding a valid permit issued under ORS 687.059 is subject to disciplinary action and civil penalty by the board, injunction and criminal prosecution. No disciplinary action, civil penalty or criminal proceeding shall be initiated under this section after the date that a renewal and delinquency fee is paid. However, payment of a renewal and delinquency fee does not stay any disciplinary action, civil penalty or criminal proceeding already assessed or initiated.https://www.oregonlegislature.gov/bills_laws/ors/ors687.html
687.250 Enforcement; penalty. (1) The State Board of Massage Therapists shall report to the proper district attorney all cases that in the judgment of the board warrant criminal prosecution under ORS 687.991.
(2) The board may, in its own name, assess a civil penalty against a person who violates a provision of ORS 687.011 to 687.250, 687.895 and 687.991. The board may assess the civil penalty instead of or in addition to disciplinary action under ORS 687.081, an injunction issued under ORS 687.021 or criminal prosecution by the district attorney under this section. The amount of the civil penalty may not exceed $1,000 for any single violation. Except as the board may otherwise provide under ORS 182.462 (1)(e), moneys collected through the assessment of civil penalties by the board under this subsection or ORS 687.081 shall be deposited into the account created by the board pursuant to ORS 182.470 and are continuously appropriated to the board for carrying out the provisions of ORS 687.011 to 687.250, 687.895 and 687.991.
(e) Injunction.–It shall be unlawful for any person to practice or attempt to offer to practice massage
therapy as defined in this act without having, at the time of so doing, a valid, unexpired, unrevoked and
unsuspended license issued under this act. The unlawful practice may be enjoined by the courts on petition of the board or the commissioner. In any such proceeding, it shall not be necessary to show that any person is individually injured by the actions complained of. If it is determined that the respondent has engaged in the unlawful practice, the court shall enjoin the respondent from so practicing unless and until the respondent has been duly licensed. Procedure in such cases shall be the same as in any other injunction suit. The remedy by injunction hereby given is in addition to any other civil or criminal prosecution and punishment.
(f) Remedy cumulative.–The injunctive remedy provided in this section shall be in addition to any
other civil or criminal prosecution and punishment.
Section 15. Violation of act.
(a) General rule.–Notwithstanding any law to the contrary, a person that violates a provision of this act commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than six months for the first violation and to pay a fine of not more than $2,000 or to imprisonment for not less than six months nor more than one year, or both, for each subsequent violation.
(b) Civil penalty.–In addition to any other civil remedy or criminal penalty provided for in this act, the
board, by a vote of the majority of the maximum number of the authorized membership of the board or by a vote of the majority of the qualified and confirmed membership or a minimum of five members, whichever is greater, may levy a civil penalty of up to $10,000 on any of the following:
(1) A massage therapist who violates a provision of this act.
(2) A person that employs a massage therapist in violation of this act.
(3) An individual who holds himself out as a licensee without being properly licensed as
provided in this act.
(4) The responsible officers or employees of a corporation, partnership, firm or other
entity that violates a provision of this act.
(c) Assessment of costs of investigation.–The board may assess against the respondent in a disciplinary
action under this act, as part of the sanction, the cost of investigation underlying that disciplinary action.
(d) Administrative Agency Law.–Action of the board under subsection (b) is subject to 2 Pa.C.S. Ch. 5
Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to
judicial review of Commonwealth agency action).
§ 43b.23a. Schedule of civil penalties—massage therapists.
STATE BOARD OF MASSAGE THERAPY
Violation under
63 P.S. Violation under
49 Pa. Code Title/Description
Civil Penalty
Section 20.42(a)(14) Failure to display current license or
wallet card. 1st offense—$250
2nd and subsequent offenses—$500
Section 20.42(a)(15) Failure to include massage therapy
license number in advertisements. 1st offense—$250
2nd and subsequent offenses—$500
Section 20.42(a)(16) Failure to display
name and title. 1st offense—$250
2nd and subsequent offenses—$500
Section 627.6(b)(1)(i) Failure to hold current certification to administer CPR. 1st offense—$250
2nd offense—$500
Subsequent offense—formal action
Sections 627.6(b)(1)(ii) and 627.4(6) Section
20.32(a) Failure to complete
24 hours of continuing education courses approved by the Board during the 24 months preceding license renewal. 1st offense—$100 per credit hour up to 10 credit hours
More than 10 credit hours—formal action
2nd and subsequent offenses—formal action
Section 627.14(a) Holding oneself out
as a massage therapist or practicing massage therapy while unlicensed. 1st offense—$1,000
2nd and subsequent offenses—formal action
Section 627.14(c) Employing an individual in massage therapy who is not licensed. 1st offense—$1,000
2nd and subsequent offenses—formal action
Section 627.14(d) A business utilizing
the words massage, massage therapist, massage practitioner, masseur, masseuse, myotherapist or any derivative of these terms or abbreviations, unless the services of the business are provided by licensees. 1st offense—$500
2nd and subsequent offenses—formal action
Section 627.14(e) Section 20.31(b)
and (i) Practicing massage therapy on an expired or inactive license. 1st offense—12 months or less$250
More than 12 months but no more than 18 months—$500
More than 18 months but no more than 24 months—$1,000
More than 24 months—formal action
2nd offense—12 months or less—$500
More than 12 months but no more than 18 months—$1,000
More than 18 months—formal action
Subsequent offenses—formal action http://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/049/chapter43b/s43b.23a.html&d=reduce”
Ҥ 20.43. Disciplinary procedures.
(a) A massage therapist whose conduct constitutes a sexual violation or sexual abuse is subject to immediate temporary suspension in accordance with section 9(d) of the act (63 P.S. § 627.9(d)).
(b) The consent of an individual to engage in conduct defined herein as sexual harassment, sexual impropriety, sexual violation or sexual abuse with a massage therapist is not a defense in any disciplinary action brought under this section.
(c) With the exception of information contained in a professional record, neither opinion evidence, reputation evidence nor specific instances of the past sexual conduct of a client is admissible in a disciplinary action brought under this section. http://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/049/chapter20/chap20toc.html&d=”
Rhode Island: http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-20.8/23-20.8-11.htm
Ҥ 23-20.8-10. Enforcement.
Except for the provisions of § 23-20.8-11 this chapter shall be enforced by the director of health or any city or town licensing authority. http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-20.8/23-20.8-10.htm§ 23-20.8-11. Penalties.
(a) Any person who practices massage therapy or acts in any capacity where a license is required by this chapter, without a license provided for in this chapter, shall be guilty of a misdemeanor.
(b) Any owner, operator, manager, or licensee in charge of or in control of a massage therapy practice who knowingly employs a person who is not licensed as a massage therapist, or who allows an unlicensed person to perform, operate, or practice massage therapy is guilty of a misdemeanor.
(c) The practice of massage therapy by a person without a license issued under this chapter is declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the person is practicing, or purporting to practice, may maintain an action to enjoin that person from practicing massage therapy until this person secures a valid license.
South Carolina: https://www.scstatehouse.gov/code/t40c030.php
“SECTION 40-30-160. Violations of this chapter; administrative citations; cease and desist orders; appeal.
Section effective May 13, 2023.
(A) The board may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an establishment or individual, including unlicensed persons, for violations of this chapter or Chapter 1, Title 40 and related regulations.
(B) For each violation, separate citations may be issued, and separate administrative penalties may be assessed; however, no more than five thousand dollars in administrative penalties may be assessed against an establishment or an individual, including an unlicensed practice, per offense. Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(C) An entity or individual that has been assessed administrative penalties may appeal those penalties to the board within ten days of receipt of a citation. If an appeal is filed, then the department shall schedule a hearing before the board, which shall make a determination on the matter. If no appeal is filed, then the citation is considered a final order, and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
https://www.scstatehouse.gov/code/t40c030.php
SECTION 40-30-220. Cease and desist orders; temporary restraining orders.
Section effective May 13, 2023. See, also, section 40-30-220 effective until May 13, 2023.
(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.
SECTION 40-30-250. Discipline.
Section effective May 13, 2023. See, also, Section 40-30-250 effective until May 13, 2023.
(A) Upon a determination by the board that one or more of the grounds for discipline exists, in addition to sanctions provided in Section 40-1-120, the board may:
(1) issue a nondisciplinary letter of caution;
(2) issue a private reprimand;
(3) issue a public reprimand;
(4) impose a fine not to exceed five thousand dollars per violation;
(5) place the licensee on probation, restrict the license, or suspend the license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension, respectively including, but not limited to, satisfactory completion of additional education of a supervisory period or of continuing education programs as may be specified; or
(6) temporarily or permanently revoke the license.
(B) A decision by the board to discipline a licensee as authorized pursuant to this section must be made by a majority vote of a quorum of the entire membership of the board, reduced by any vacancies existing at the time.
(C) Except for a private reprimand, a final order of the board pursuant to this section is public information.”
South Dakota: https://sdlegislature.gov/Statutes/Codified_Laws/2061247
“36-35-10. Practice of massage without license or employment of unlicensed person as misdemeanor.
Any person who engages in the practice of massage or holds himself or herself out to the public as engaged in the practice of massage without a license issued pursuant to this chapter, or owns, operates or manages a business which knowingly employs or contracts with any unlicensed person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor. The board may bring a civil action to enjoin any violation of this chapter.”
Tennessee: https://publications.tnsosfiles.com/rules/0870/0870-01.20170817.pdf
“(3) Civil Penalties – The purpose of this rule is to set out a schedule designating the minimum
and maximum civil penalties which may be assessed pursuant to T.C.A. § 63-1-134.
(a) Schedule and Amount of Civil Penalties
- A Type A civil penalty may be imposed whenever the Board finds the person who
is required to be licensed by the Board is guilty of a violation of T.C.A. § 63-18-
GENERAL RULES GOVERNING LICENSED MASSAGE THERAPISTS CHAPTER 0870-01
AND ESTABLISHMENTS
(Rule 0870-01-.13, continued)
August, 2017 (Revised) 25
101, et seq. or regulations promulgated pursuant thereto, to such an extent that
there is, or is likely to be a substantial threat to the health, safety and welfare of
an individual client or the public. For purposes of this section, a type A penalty
shall include, but not be limited to, a person who is or was practicing massage
therapy without a license from the Board. Type A civil penalties shall be
assessed in the amount of not less than $500 and not more than $1,000. - A Type B civil penalty may be imposed whenever the Board finds the person
required to be licensed by the Board is guilty of a violation of T.C.A. § 63-18-101,
et seq. or regulations promulgated pursuant thereto in such manner as to impact
directly on the care of clients or the public. Type B civil penalties may be
assessed in the amount of not less than $100 and not more than $500. - A Type C civil penalty may be imposed whenever the Board finds the person
required to be licensed, permitted, or authorized by the Board is guilty of a
violation of T.C.A. § 63-18-101, et seq. or regulations promulgated pursuant
thereto, which is neither directly detrimental to the clients or public, nor directly
impacts their care, but has only an indirect relationship to client care or the
public. Type C civil penalties may be assessed in the amount of not less than $1
and not more than $100.
(b) Procedures for Assessing Civil Penalties - During a contested case proceeding the Board may assess civil penalties in a
type and amount which was not recommended by the Office of General Counsel. - In assessing civil penalties pursuant to these rules the Board may consider the
following factors:
(i) Whether the amount imposed will be a substantial economic deterrent to
the violator;
(ii) The circumstances leading to the violation;
(iii) The severity of the violation and the risk of harm to the public;
(iv) The economic benefits gained by the violator as a result of noncompliance; and
(v) The interest of the public.”
SUBCHAPTER H. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 455.351. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The attorney general, a district or county attorney, a municipal attorney, or the department may institute an action for injunctive relief to restrain a violation by a person who:
(1) appears to be in violation of or threatening to violate this chapter or a rule adopted under this chapter; or
(2) is the owner or operator of an establishment that offers massage therapy or other massage services regulated by this chapter and is not licensed under this chapter.
(b) The attorney general, a district or county attorney, a municipal attorney, or the department may institute an action to collect a civil penalty from a person who appears to be in violation of this chapter or a rule adopted under this chapter. The amount of a civil penalty shall be not less than $1,000 or more than $10,000 for each violation.
(c) Each day a violation occurs or continues to occur is a separate violation.
(d) An action filed under this section by the attorney general or the department must be filed in a district court in Travis County or the county in which the violation occurred.
(e) The attorney general, district and county attorney, municipal attorney, and the department may recover reasonable expenses incurred in obtaining injunctive relief or a civil penalty under this section, including court costs, reasonable attorney’s fees, investigative costs, witness fees, and deposition expenses.
(f) A civil penalty recovered in an action by the attorney general or the department under this section shall be deposited in the state treasury.
(g) In an injunction issued under this section, a court may include reasonable requirements to prevent further violations of this chapter.
(h) Notwithstanding Section 22.004, Government Code:
(1) a person may not continue the enjoined activity pending appeal or trial on the merits of an injunctive order entered in a suit brought under this subchapter;
(2) not later than the 90th day after the date of the injunctive order, the appropriate court of appeals shall hear and decide an appeal taken by a party enjoined under this subchapter; and
(3) if an appeal is not taken by a party temporarily enjoined under this article, the parties are entitled to a full trial on the merits not later than the 90th day after the date of the temporary injunctive order.
(i) In this section:
(1) “”Operator”” means a person who is supervising a massage establishment or massage school at the time a violation occurs or the establishment or school is inspected. If no person is supervising, then any employee, contractor, or agent of the owner who is present at the establishment or school is the operator.
(2) “”Owner”” includes a person:
(A) in whose name a certificate of occupancy has been issued for a massage establishment or massage school and any person having control over that person; or
(B) who operates a massage establishment or massage school under a lease, operating agreement, or other arrangement.
RULE §117.111 Administrative Penalties and Sanctions
(a) If a person or entity violates any provision of Texas Occupations Code, Chapters 51 or 455, this chapter, or any rule or order of the executive director or commission, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both in accordance with the provisions of Texas Occupations Code, Chapters 51 and 455 and any associated rules.
(b) The commission or executive director may refuse to issue a license to a person, suspend or revoke the license of a person, or place a person licensed under the Act on probation if the person:
(1) obtains a license by fraud, misrepresentation, or concealment of material facts;
(2) sells, barters, or offers to sell or barter a license;
(3) violates a rule adopted by the commission;
(4) engages in unprofessional conduct that endangers or is likely to endanger the health, welfare, or safety of the public;
(5) violates an order or ordinance adopted by a political subdivision under Local Government Code, Chapter 243; or
(6) violates this chapter.
(c) The commission or executive director shall revoke the license of a person if:
(1) the person is convicted of, enters a plea of nolo contendere or guilty to, or receives deferred adjudication for an offense under Chapter 20A, Penal Code, or Subchapter A, Chapter 43, Penal Code or another sexual offense; or
(2) the department determines the person has practiced or administered massage therapy at or for sexually oriented business.
(d) The commission or executive director shall revoke the license of a person licensed as a massage school or massage establishment if the department determines that:
(1) the school or establishment is a sexually oriented business; or
(2) an offense involving prostitution or another sexual offense that resulted in a conviction for the offense, a plea of nolo contendere or guilty to the offense, or a grant of deferred adjudication for the offense occurred on the premises of the school or establishment. “
Utah: https://le.utah.gov/xcode/Title58/Chapter47B/C58-47b_1800010118000101.pdf
https://le.utah.gov/xcode/Title58/Chapter1/58-1-S502.html?v=C58-1-S502_2020051220200512
“58-47b-503 Penalties.
(1) Except as provided in Subsection (2), any individual who commits an act of unlawful conduct
under Section 58-47b-501 is guilty of a class A misdemeanor.
(2) Sexual conduct that violates Section 58-47b-501 and Title 76, Utah Criminal Code, shall be
subject to the applicable penalties in Title 76, Utah Criminal Code
58-1-502. Unlawful and unprofessional conduct — Penalties.
(1)(a) Unless otherwise specified in this title, a person who violates the unlawful conduct provisions defined in this title is guilty of a class A misdemeanor.
(b) Unless a specific fine amount is specified elsewhere in this title, the director or the director’s designee may assess an administrative fine of up to $1,000 for each instance of unprofessional or unlawful conduct defined in this title.
(2)(a) In addition to any other statutory penalty for a violation related to a specific occupation or profession regulated by this title, if upon inspection or investigation, the division concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a rule or order issued with respect to those subsections, and that disciplinary action is appropriate, the director or the director’s designee from within the division shall promptly:
(i) issue a citation to the person according to this section and any pertinent rules;
(ii) attempt to negotiate a stipulated settlement; or
(iii) notify the person to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
(b)(i) The division may assess a fine under this Subsection (2) against a person who violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a rule or order issued with respect to those subsections, as evidenced by:
(A) an uncontested citation;
(B) a stipulated settlement; or
(C) a finding of a violation in an adjudicative proceeding.
(ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i), order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a rule or order issued with respect to those subsections.
(c) Except for a cease and desist order, the division may not assess the licensure sanctions cited in Section 58-1-401 through a citation.
(d) A citation shall:
(i) be in writing;
(ii) describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated;
(iii) clearly state that the recipient must notify the division in writing within 20 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
(iv) clearly explain the consequences of failure to timely contest the citation or to make payment of a fine assessed by the citation within the time specified in the citation.
(e) The division may issue a notice in lieu of a citation.
(f)
(i) If within 20 calendar days from the service of the citation, the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review.
(ii) The period to contest a citation may be extended by the division for cause.
(g) The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after it becomes final.
(h) The failure of an applicant for licensure to comply with a citation after it becomes final is a ground for denial of license.
(i) Subject to the time limitations described in Subsection 58-1-401(6), the division may not issue a citation under this section after the expiration of one year following the date on which the violation that is the subject of the citation is reported to the division.
(j) The director or the director’s designee shall assess fines according to the following:
(i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
(ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000; and
(iii) for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to $2,000 for each day of continued offense.
(3)
(a) An action for a first or second offense that has not yet resulted in a final order of the division may not preclude initiation of a subsequent action for a second or subsequent offense during the pendency of a preceding action.
(b) The final order on a subsequent action is considered a second or subsequent offense, respectively, provided the preceding action resulted in a first or second offense, respectively.
(4)
(a) The director may collect a penalty that is not paid by:
(i) referring the matter to a collection agency; or
(ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located.
(b) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.
(c) A court may award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.
Washington: https://app.leg.wa.gov/RCW/default.aspx?cite=18.108.035
“RCW 18.108.035
Unlicensed practice—Penalties.
The following penalties must be imposed upon an owner of a massage business or reflexology business where the unlicensed practice of massage therapy or reflexology has been committed:
(1) Any person who with knowledge or criminal negligence allows or permits the unlicensed practice of massage therapy or reflexology to be committed within his or her massage business or reflexology business by another is guilty of a misdemeanor for a single violation.
(2) Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a gross misdemeanor punishable according to chapter 9A.20 RCW. “
West Virginia: http://www.wvmassage.org/rules.asp?show=state
“�30-37-10. Prohibitions and penalties.
(a) After the thirtieth day of June, one thousand nine hundred ninety-eight, a person, corporation or association who is not licensed pursuant to the provisions of this article may not engage in the practice of massage therapy and may not use the initials LMT, C.M.T., or the words “”licensed massage therapist,”” “”masseur,”” or “”masseuse,”” or any other words or titles which imply or represent that the person, corporation or association is engaging in the practice of massage therapy, nor may a person, corporation or association employ any person, not duly licensed, who is engaging in the practice of massage therapy or who is using such words or titles to imply or represent that he or she is engaging in the practice of massage therapy.
(b) Any person, corporation or association who violates the provisions of subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars, or confined in jail not more than one year, or both fined and imprisoned.”
Wisconsin: https://docs.legis.wisconsin.gov/statutes/statutes/460.pdf
“460.15 Penalty. Any person who violates this chapter or any rule promulgated under this chapter may be fined not more than $1,000 for each violation or imprisoned for not more than 90 days,
or both “
