Unlawful Acts

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Massage Therapy Practice
  5. General Provisions
  6. Unlawful Acts

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  1. It shall be a violation of this chapter for any person, entity, or board recognized massage therapy educational program to advertise:
    1. Massage therapy services or to advertise the offering of massage therapy services unless such services are provided by a person who holds a valid license under this chapter; or
    2. Massage therapy services through any form of media or representation through the use of pictorial representations unless the persons depicted in such representations are attired and posed in a manner so as to avoid appealing to the prurient interest.
  2. 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.
  3. It shall be a violation of this chapter for a person or entity, or the employees, agents, or representatives of such person or entity, to practice massage therapy or to use in connection with such person's or entity's 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.
  4. It shall be a violation of this chapter for any entity to:
    1. Advertise the offering of massage therapy services combined with escort or dating services, adult entertainment, or illegal acts relating to sex related crimes; or
    2. Employ unlicensed massage therapists to perform massage therapy.
  5. It shall be a violation of this chapter for any person to practice massage therapy without holding a current or provisional license as a massage therapist in accordance with subsection (a) of Code Section 43-24A-8.
  6. It shall be a violation of this chapter for any person or entity, or the employees, agents, or representatives of such person or entity, to render or offer massage therapy services for compensation unless such massage therapy is provided by a licensed massage therapist.

(Code 1981, §43-24A-15, enacted by Ga. L. 2005, p. 1251, § 1/SB 110; Ga. L. 2010, p. 401, § 3/SB 364; Ga. L. 2019, p. 591, § 1/HB 242.)

The 2019 amendment, effective May 6, 2019, substituted the present provisions of subsection (a) for the former provisions, which read: "It shall be a violation of this chapter for any person or entity to advertise massage therapy services or to advertise the offering of massage therapy services unless such services are provided by a person who holds a valid license under this chapter."; and substituted "services, adult entertainment, or illegal acts relating to sex related crimes" for "services or adult entertainment" in paragraph (d)(1).

Editor's notes.

- Ga. L. 2010, p. 401, § 7, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses which occur on or after July 1, 2010.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- Offense arising from a violation of subsection (d) of O.C.G.A. § 43-24A-15 does not appear to be an offense for which fingerprinting is required. 2010 Op. Att'y Gen. No. 10-6.

Fingerprinting required.

- Offenses arising from a violation of O.C.G.A. § 43-24A-15 are offenses for which fingerprinting is required. 2019 Op. Att'y Gen. No. 19-3.


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