(1) The director may take disciplinary or other action as authorized in this section and section 12-20-404 upon proof that the person committed a violation of section 12-235-111.
The director may seek an injunction in accordance with section 12-20-406 to enjoinany person from engaging in or aiding and abetting an act or practice prohibited by this article 235.
The director is authorized to investigate, hold hearings, and gather evidence in allmatters related to the exercise and performance of the powers and duties of the director pursuant to article 4 of title 24, section 12-20-403, and this article 235.
An employer of a massage therapist shall report to the director any disciplinary action taken against the massage therapist or the resignation of the massage therapist in lieu of disciplinary action for conduct that violates this article 235.
On completion of an investigation, the director shall find one of the following:
The complaint is without merit and no further action need be taken with referencethereto;
There is no reasonable cause to warrant further action; or
The complaint discloses misconduct by the licensee that warrants formal action, inwhich case the director shall initiate disciplinary proceedings pursuant to subsection (6) of this section.
(a) The director shall commence a disciplinary proceeding when the director has reasonable grounds to believe that a licensee has committed any act that violates section 12-235111.
Disciplinary proceedings shall be conducted pursuant to section 12-20-403.
If, after the hearing, the director finds the charges proven and orders that disciplinebe imposed, the director shall also determine the extent of the discipline. The director may take disciplinary action as specified in section 12-20-404 (1)(b) or (1)(d).
If the director finds the charges against the licensee proven and orders that disciplinebe imposed, the director may require, as a condition of reinstatement, that the licensee take therapy or courses of training or education as may be needed to correct any deficiency found.
Section 12-20-408 governs judicial review of a final action of the director. Judicialproceedings for the enforcement of an order of the director may be instituted in accordance with section 24-4-106.
The director may send a letter of admonition to a licensee under the circumstancesspecified in and in accordance with section 12-20-404 (4).
The director may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).
If a person commits an act that violates this article 235, the director may impose afine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1163, § 1, effective October 1.
Editor's note: This section is similar to former § 12-35.5-112 as it existed prior to 2019.