10 LC 28
5005
Senate
Bill 364
By:
Senators Staton of the 18th, Unterman of the 45th, Murphy of the 27th, Brown of
the 26th, Douglas of the 17th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated,
relating to massage therapy practice, so as to provide that, upon conviction for
a sexual offense, a person's massage therapist license shall be suspended for
certain time periods; to provide for reinstatement under certain circumstances;
to increase penalties for violations; to provide for local regulation in
addition to state regulation; to provide for related matters; to provide an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
24A of Title 43 of the Official Code of Georgia Annotated, relating to massage
therapy practice, is amended by revising Code Section 43-24A-15, relating to
unlawful acts, as follows:
"43-24A-15.
(a)
It is a violation of this chapter for any person to advertise massage therapy
services unless such services are provided by a person who holds a valid license
under this chapter.
(b)
It shall be a violation of this chapter for any person to
advertise:
(1)
As a massage therapist unless the person holds a valid license under this
chapter in the classification so advertised; or
(2)
Massage therapy services combined with escort or dating services or adult
entertainment.
(c)
It shall be unlawful for a person or business entity or its employees, agents,
or representatives to practice massage therapy or to use in connection with its
name or business activity the terms 'massage,' 'massage therapy,' 'massage
therapist,' 'massage practitioner,' or the letters 'M.T.,' 'L.M.T.,' or any
other words, letters, abbreviations, or insignia indicating or implying directly
or indirectly that massage therapy is provided or supplied unless such massage
therapy is provided by a massage therapist licensed and practicing in accordance
with this chapter.
(d)
Any person, upon being convicted a first time for a violation of this Code
section, shall be guilty of and shall be punished as for a misdemeanor. Upon
being convicted a second time under this Code section, such person shall be
guilty of and shall be punished as for a misdemeanor of a high and aggravated
nature. Upon being convicted of a third or subsequent violation of this Code
section, such person shall be guilty of a felony and shall be punished by
imprisonment for not less than one nor more than five years, a fine not to
exceed $25,000.00, or
both."
SECTION
2.
Said
chapter is further amended by revising Code Section 43-24A-17, relating to
disciplinary actions, as follows:
"43-24A-17.
(a)
The board shall take disciplinary action in accordance with the provisions of
Chapter 1 of this title.
(b)
After notice and hearing, the license of any person licensed under this chapter
who is found guilty or enters a plea of guilty or nolo contendere to a violation
of Chapter 6 of Title 16 shall be suspended for not less than one nor more
than two years on the first occurrence, not less than two nor more than five
years on the second occurrence, and permanently on the third
occurrence.
(c)
A person whose license is suspended under subsection (b) of this Code section
for a first or second occurrence may apply for reinstatement after the
suspension period set by the board and pay a reinstatement fee of $1,000.00 in
addition to any and all other fees that may be
required."
SECTION
3.
Said
chapter is further amended by revising Code Section 43-24A-22, relating to local
regulation, as follows:
"43-24A-22.
(a)
This chapter shall not be construed to prohibit a county or municipality from
enacting any regulation of persons not licensed pursuant to this chapter. No
provision of any ordinance enacted by a municipality, county, or other
jurisdiction that is in effect before July 1, 2005, and that relates to the
practice of massage therapy or requires licensure of a massage therapist may be
enforced against a person who is issued a license by the board under this
chapter.
(b)
Persons licensed under this chapter shall be subject to regulation by counties
or municipalities with regard to the operation of massage or massage therapy
businesses within the jurisdiction of such counties or municipalities, the
licensing of such businesses, and issues regarding health, safety, and
protection of the public in connection with such
businesses."
SECTION
4.
Said
chapter is further amended by revising Code Section 43-24A-24, relating to fines
and punishments for violations, as follows:
"43-24A-24.
(a)
Any person who practices massage therapy without a valid license in violation of
this chapter, 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 shall be
guilty of and
shall be punished
by a fine
of not more than $500.00
as for a
misdemeanor for each offense.
Upon being
convicted a second time under this Code section, such person shall be guilty of
and shall be punished as for a misdemeanor of a high and aggravated nature.
Upon being convicted a
second
third
or subsequent time under this Code section, such person shall be
guilty of a
felony and shall be punished by a fine of
not more than
$1,000.00
$25,000.00
for each offense, imprisonment for not
more than
12 months
less than one
nor more than five years, or
both."
SECTION
5.
This
Act shall become effective on July 1, 2010, and shall apply to all verdicts and
pleas entered on and after that date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.