PARRIS N. GLENDENING, Governor

S.B. 461

(18)   IS ADDICTED TO, OR HABITUALLY ABUSES, ANY NARCOTIC OR
CONTROLLED DANGEROUS SUBSTANCE AS DEFINED IN ARTICLE 27 OF THE CODE;

(19)   FAILS TO COOPERATE WITH A LAWFUL INVESTIGATION CONDUCTED BY
THE BOARD;

(20)   ENGAGES IN CONDUCT THAT VIOLATES THE PROFESSIONAL CODE OF
ETHICS; OR

(21)   KNOWINGLY DOES AN ACT THAT HAS BEEN DETERMINED BY THE
BOARD TO BE A VIOLATION OF THE BOARD'S REGULATIONS.

(B) IF, AFTER A HEARING UNDER § 3-315 OF THIS TITLE THE BOARD FINDS THAT
THERE ARE GROUNDS UNDER SUBSECTION (A) OF THIS SECTION TO SUSPEND OR
REVOKE A CERTIFICATE TO PRACTICE MASSAGE THERAPY, TO REPRIMAND A
CERTIFICATE HOLDER OR PLACE A CERTIFICATE HOLDER ON PROBATION, THE BOARD
MAY IMPOSE A PENALTY NOT EXCEEDING $5,000 IN LIEU OF OR IN ADDITION TO
SUSPENDING OR REVOKING THE CERTIFICATE REPRIMANDING THE CERTIFICATE
HOLDER OR PLACING THE CERTIFICATE HOLDER ON PROBATION.

(C) (1) AN INDIVIDUAL WHOSE CERTIFICATE HAS BEEN SUSPENDED OR
REVOKED BY THE BOARD SHALL RETURN THE CERTIFICATE TO THE BOARD.

(2) IF THE SUSPENDED OR REVOKED CERTIFICATE HAS BEEN LOST, THE
INDIVIDUAL SHALL FILE WITH THE BOARD A VERIFIED STATEMENT TO THAT EFFECT.

(D) THE BOARD SHALL FILE A NOTICE FOR PUBLICATION IN THE EARLIEST
PUBLICATION OF THE MARYLAND REGISTER OF EACH REVOCATION OR SUSPENSION OF
A CERTIFICATE UNDER THIS SECTION WITHIN 24 HOURS OF THE REVOCATION OR
SUSPENSION

3-5A-09.

THIS SUBTITLE DOES NOT LIMIT THE RIGHT OF AN INDIVIDUAL TO PRACTICE OR
ADVERTISE AN OCCUPATION THAT THE INDIVIDUAL IS OTHERWISE AUTHORIZED TO
PRACTICE UNDER THE MARYLAND ANNOTATED CODE.

3-5A-10.

(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, AN INDIVIDUAL MAY
NOT PRACTICE ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE MASSAGE THERAPY IN
THIS STATE UNLESS CERTIFIED BY THE BOARD.

(B) AN INDIVIDUAL WHO IS NOT CERTIFIED AS A CERTIFIED MASSAGE
THERAPIST UNDER THIS SUBTITLE MAY NOT ADVERTISE OR CLAIM BY TITLE
ABBREVIATION, SIGN, CARD. OR ANY OTHER REPRESENTATION THAT THE INDIVIDUAL
PRACTICES MASSAGE, MASSAGE THERAPY, MYOTHERAPY, OR ANY SYNONYM OR
DERIVATION OF THESE TERMS.

(C) ANY INDIVIDUAL WHO VIOLATES A PROVISION OF THIS SUBSECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION SHALL BE SUBJECT TO A FINE NOT
EXCEEDING $5,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BOTH.

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