Powers of the Board
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Law
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Georgia Code
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Professions and Businesses
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Massage Therapy Practice
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General Provisions
- Powers of the Board
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- On and after July 1, 2019, the Georgia Board of Massage Therapy shall regulate the practice of massage therapy in this state. The board shall promulgate rules and regulations governing the practice of massage therapy and massage therapy educational programs pursuant to this chapter. Such rules and regulations shall be adopted no later than July 1, 2020.
- Any person who holds a license as a massage therapist issued under this chapter as its provisions existed on June 30, 2019, shall not be required to undergo recertification under this chapter but shall otherwise be subject to all applicable provisions of this chapter effective on and after July 1, 2019.
- The board shall have the power to:
- Examine and determine the qualifications and fitness of applicants for licenses to practice massage therapy in this state;
- Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice massage therapy in this state or otherwise discipline licensed massage therapists;
- Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons or entities acting in violation of this chapter;
- Upon reasonable notice, request on-site inspections of the facility, equipment, policies, and practices of a massage therapy business or board recognized massage therapy educational program by appropriate inspectors in the Office of the Secretary of State for the purpose of determining compliance with the standards established pursuant to this chapter;
- Hold hearings on all matters properly brought before the board and, in conjunction therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members as its hearing officer;
- Adopt, revise, and enforce rules concerning advertising by licensees including, but not limited to, rules to prohibit false, misleading, or deceptive practices;
- Periodically evaluate board recognized massage therapy educational programs and license such programs that meet the board's requirements;
- Develop and enforce standards for continuing education courses required of licensed massage therapists which may include courses in massage therapy or any of the modalities described in paragraphs (5) through (8) of subsection (a) of Code Section 43-24A-19;
- Develop and enforce reasonable and uniform standards for massage therapy educational programs and massage therapy practice;
- Deny or withdraw recognition of noncompliant massage therapy educational programs that do not meet standards established pursuant to this chapter;
- Appoint standing or ad hoc committees as necessary to inform and make recommendations to the board about issues and concerns of the massage therapy profession and to facilitate communication amongst the board, licensees under this chapter, and the community, which may include nonmembers of the board;
- Collect and publish data regarding existing massage therapy resources in Georgia without violation of any state or federal privacy laws and coordinate planning for board recognized massage therapy educational programs and practice;
- Adopt an official seal; and
- Bring proceedings to the courts for the enforcement of this chapter or any rules and regulations promulgated pursuant to this chapter.
- In addition to the enumerated powers in subsection (b) of this Code section, the board has the authority to conduct its business pursuant to the provisions of Code Section 43-1-19 which is incorporated herein and made a part of this chapter by specific reference.
(Code 1981, §43-24A-7, enacted by Ga. L. 2005, p. 1251, § 1/SB 110; Ga. L. 2010, p. 401, § 2/SB 364; Ga. L. 2019, p. 591, § 1/HB 242.)
The 2019 amendment, effective May 6, 2019, added subsection (a); redesignated former subsection (a) as present subsection (b); added paragraph (b)(4); redesignated former paragraphs (b)(4) and (b)(5) as present paragraphs (b)(5) and (b)(6), respectively; added paragraphs (b)(7) through (b)(12); redesignated former paragraphs (b)(6) and (b)(7) as present paragraphs (b)(13) and (b)(14), respectively; redesignated former subsection (b) as present subsection (c); and, substituted "subsection (b)" for "subsection (c)" near the middle of subsection (c).
Editor's notes. - Ga. L. 2010, p. 401, § 7/SB 364, 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.
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