Md. Code, Health Occupations, Title 6

Md. Code, Health Occupations, Title 6
in effect

Md. Code, Health Occupations § 6-101

(a) In this title the following words have the meanings indicated. (b) “Board” means the State Board of Massage Therapy Examiners. (c) “Health care setting” means: (1) The office of a health care provider regulated under this article; or (2) A health care facility as defined in § 19–114 of the Health – General Article. (d) “License” means, unless the context requires otherwise, a license issued by the Board to practice massage therapy. (e) “Licensed massage therapist” means an individual who is licensed by the Board to practice massage therapy. (f) (1) “Practice massage therapy” means the professional use of manual techniques on soft tissues of the human body for compensation including stroking, kneading, tapping, stretching, compression, vibration, and friction, with or without the aid of heat limited to hot packs and heating pads, cold water, or nonlegend topical applications, for the purpose of improving circulation, enhancing muscle relaxation, relieving muscular pain, reducing stress, or promoting health and well–being. (2) “Practice massage therapy” includes: (i) Hands–on application, consisting of pressure or movement on an individual, to specifically affect the electromagnetic energy or energetic field of the human body if this practice includes use of the manual techniques set forth in paragraph (1) of this subsection; and (ii) Subject to additional education and training requirements as determined by the Board in regulations, instrument–assisted soft tissue manipulation techniques that enhance or imitate manual techniques, including: 1. Muscle scraping; and 2. Vibration therapy. (3) “Practice massage therapy” does not include: (i) The diagnosis of illness, disease, or injury; (ii) The adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the human body or spine; or (iii) Except as provided in paragraph (2) of this subsection, the laying on of hands, consisting of pressure or movement on an individual who is fully clothed, except for footwear, to specifically affect the electromagnetic energy or energetic field of the human body. (4) The provisions of paragraph (3) of this subsection do not preclude the application of the modalities described in paragraph (1) of this subsection to an individual who has an injury. (g) “Registered massage practitioner” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting. (h) “Registration” means, unless the context requires otherwise, a registration issued by the Board to practice massage therapy in a setting that is not a health care setting. (i) “Supervised hands–on techniques” means massage techniques that are performed under the direct, in–person supervision of a qualified licensed instructor who is on–site in: (1) A classroom; (2) A laboratory; (3) A school clinic; or (4) A health care setting.

Md. Code, Health Occupations § 6-102

Except as specifically provided in this title, this title does not limit the right of an individual to practice or advertise an occupation that the individual otherwise is authorized to practice under this article.

Md. Code, Health Occupations § 6-202

(a) (1) The Board consists of nine members. (2) Of the nine Board members: (i) Six shall be licensed massage therapists; and (ii) Three shall be consumer members. (3) (i) The Governor shall appoint the licensed massage therapist members with the advice of the Secretary, and the advice and consent of the Senate of Maryland, from a list of names of qualified individuals submitted to the Secretary and the Governor by an association that represents at least 250 licensed massage therapists in the State. (ii) The number of names on the list shall be five times the number of vacancies. (iii) The list shall include the name of the incumbent member unless the incumbent member declines renomination. (4) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate of Maryland. (b) (1) Each licensed massage therapist member shall be: (i) A resident of the State; (ii) A licensed massage therapist of integrity and ability who is in active practice; (iii) A graduate of a Board–approved program in massage therapy; and (iv) An individual who has practiced massage therapy in the State for at least 5 consecutive years before appointment. (2) (i) In this paragraph, “good standing” means that the Board has not reprimanded the licensed massage therapist, suspended or revoked the license of the licensed massage therapist, or placed the licensed massage therapist on probation within 5 years before or after confirmation to the Board. (ii) In addition to the requirements of paragraph (1) of this subsection, each licensed massage therapist member of the Board shall be in good standing with the Board. (c) Each consumer member of the Board: (1) Shall be a member of the general public; (2) May not be or ever have been a massage therapist or massage practitioner or in training to become a massage therapist or massage practitioner; (3) May not have a household member who is a massage therapist or massage practitioner or in training to become a massage therapist or massage practitioner; (4) May not participate or ever have participated in a commercial or professional field related to massage therapy; (5) May not have a household member who participates in a commercial or professional field related to massage therapy; and (6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board. (d) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board. (e) Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. (f) (1) The term of a member is 4 years. (2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2016. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (5) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days after the date of the vacancy. (6) A member may not serve more than 2 consecutive full terms. (g) (1) The Governor may remove a member for incompetence or misconduct. (2) On the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from two successive Board meetings without adequate reason.

Md. Code, Health Occupations § 6-203

(a) From among its members, the Board annually shall elect a chair, vice chair, and secretary–treasurer. (b) The Board shall determine: (1) The manner of election of the officers; and (2) The duties of each officer.

Md. Code, Health Occupations § 6-204

(a) The Board and the State Board of Chiropractic Examiners may employ a staff in accordance with the budgets of the boards. (b) The Board and the State Board of Chiropractic Examiners jointly shall appoint an executive director, who serves at the pleasure of both boards. (c) The executive director: (1) Is the executive officer of both boards; and (2) Has the powers and duties assigned by the boards.

Md. Code, Health Occupations § 6-205

(a) A majority of the full authorized membership of the Board is a quorum. (b) The Board shall determine the times and places of meetings of the Board. (c) In accordance with the budget of the Board, each member of the Board is entitled to: (1) Compensation for each day on which the member is engaged in the duties of the member’s office; and (2) Reimbursement for expenses under the Standard State Travel Regulations, as provided for in the State budget.

Md. Code, Health Occupations § 6-206

(a) In addition to the powers set forth elsewhere in this title, the Board may: (1) Adopt regulations to carry out the provisions of this title; (2) Summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the duties of the Board; and (3) In accordance with the State budget, authorize payment of fees and travel expenses of witnesses who testify in any proceeding before the Board. (b) In addition to the duties set forth elsewhere in this title, the Board shall: (1) Keep a list of the name and address of each licensed massage therapist and registered massage practitioner; (2) (i) Maintain an electronic roster of all individuals licensed or registered by the Board; (ii) Make the roster available for the purpose of electronically verifying licensure or registration on the Board’s website; and (iii) Provide an alternative means to verify a license or registration for individuals without Internet access; (3) File reports of the activities of the Board as required by the Secretary; (4) Assist in prosecutions under this title; (5) Investigate an alleged violation of this title; and (6) Establish an advisory committee, to be chaired by the vice chair of the Board, to study the scope of practice of massage therapy and make recommendations to the Board on changes to this title or regulations adopted by the Board under this subtitle that are necessary to reflect currently practiced modalities.

Md. Code, Health Occupations § 6-207

(a) There is a State Board of Massage Therapy Examiners Fund. (b) (1) The Board may set reasonable fees for the issuance and renewal of licenses and registrations and other services of the Board. (2) The fees charged shall be set so as to approximate the cost of maintaining the Board. (3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section. (c) (1) The Board shall pay all funds collected under this title to the Comptroller. (2) The Comptroller shall distribute the fees to the State Board of Massage Therapy Examiners Fund. (d) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided in this title. (2) The Fund is a continuing, nonlapsing fund not subject to § 7–302 of the State Finance and Procurement Article. (3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title. (4) No other State money may be used to support the Fund. (e) (1) A designee of the Board shall administer the Fund. (2) Money in the Fund may be expended only for any lawful purpose authorized under this title. (f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

Md. Code, Health Occupations § 6-208

A person shall have the immunity from liability described under § 5–725 of the Courts Article for giving information to the Board or otherwise participating in the activities of the Board.

Md. Code, Health Occupations § 6-301

(a) Except as otherwise provided in this title, before an individual may practice massage therapy in the State, the individual shall be: (1) On or before October 31, 2026: (i) Licensed by the Board; or (ii) Registered by the Board to practice massage therapy in a setting that is not a health care setting; or (2) On or after November 1, 2026, licensed by the Board. (b) This section does not apply to: (1) A student enrolled in an approved education program as determined by the Board while practicing massage therapy in the State; (2) An individual permitted to practice massage therapy under regulations adopted by the Board, if the individual otherwise has qualified to practice massage therapy in any other state or country that has substantially similar requirements for authorization to practice massage therapy and the individual is in the State for no more than 7 days; (3) A family member practicing massage therapy on another family member; (4) An athletic trainer while functioning in the course of the athletic trainer’s professional capacity; (5) An individual employed by the federal government to practice massage therapy while practicing within the scope of the individual’s employment; or (6) An individual working in a beauty salon: (i) For which the person who operates the beauty salon has obtained a permit from the State Board of Cosmetology as required under § 5–501 of the Business Occupations and Professions Article; and (ii) In which the individual is providing cosmetology and esthetic services, including the application and removal of skin or skin care products.

Md. Code, Health Occupations § 6-302

(a) In this section, “contact hour” means 50 minutes of actual instructional time per each 60–minute hour. (b) To qualify for a license, an applicant shall be an individual who: (1) Is of good moral character; (2) Is at least 18 years old; (3) Has graduated from an institution of postsecondary education, as defined in § 10–101 of the Education Article and approved by the Maryland Higher Education Commission, with at least 750 contact hours of education in a curriculum: (i) Approved by the Board; (ii) Endorsed by: 1. The Commission on Massage Therapy Accreditation; or 2. An equivalent entity that accredits both institutions of higher education and programs offering instruction in massage therapy; and (iii) Accredited by an institutional accreditation agency recognized by the United States Department of Education; (4) Has completed 750 contact hours of education in a Board–approved program for the study of massage therapy that includes the following areas of content: (i) Anatomy, physiology, and kinesiology; (ii) Massage therapy theory; (iii) Contraindications and pathology; (iv) Professional ethics; (v) Health and hygiene; (vi) Research; (vii) Supervised hands–on techniques; and (viii) Clinical assessment and documentation; (5) Has passed an examination approved by the Board; and (6) Submits to a criminal history records check in accordance with § 6–303 of this subtitle. (c) On or before September 30, 2024, to qualify to be registered, an applicant shall be an individual who: (1) Is of good moral character; (2) Is at least 18 years old; (3) Has graduated from a program for the study of massage therapy with a curriculum: (i) Approved by the Board; (ii) Endorsed by: 1. The Commission on Massage Therapy Accreditation; or 2. An equivalent entity that is an accrediting agency or organization that accredits both institutions of higher education and programs offering instruction in massage therapy; (iii) Accredited by an institutional accreditation agency recognized by the United States Department of Education; and (iv) That requires at least 600 contact hours of classroom instruction that includes the following areas of content: 1. Anatomy, physiology, and kinesiology; 2. Massage therapy theory; 3. Contraindications and pathology; 4. Professional ethics; 5. Health and hygiene; 6. Research; 7. Supervised hands–on techniques; and 8. Clinical assessment and documentation; (4) Has passed an examination approved by the Board; and (5) Submits to a criminal history records check in accordance with § 6–303 of this subtitle. (d) (1) Subject to paragraph (2) of this subsection, the Board may waive any requirement of this subtitle for an applicant who is licensed, certified, or registered to practice massage therapy in another state. (2) The Board may grant a waiver under paragraph (1) of this subsection only if the applicant: (i) Pays the application fee set by the Board; and (ii) Provides adequate evidence that the applicant: 1. Has completed educational requirements that the Board determines to be equivalent to the Board–approved educational requirements in this State; 2. At the time the applicant became licensed, certified, or registered in the other state, passed in that state or any other state an examination that the Board determines to be equivalent to the examination required in this State; and 3. Is of good moral character. (e) On or after October 1, 2024, the Board may not issue an initial registration to practice as a registered massage practitioner. (f) On or before October 31, 2026, the Board shall convert the registration of an individual registered by the Board as a registered massage practitioner to a license to practice massage therapy if the individual complies with regulations adopted by the Board.

Md. Code, Health Occupations § 6-303

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. (b) As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository: (1) One complete set of legible fingerprints taken on a form approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; (2) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and (3) The processing fee required by the Federal Bureau of Investigation for a national criminal history records check. (c) (1) In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant. (2) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record. (d) If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as permitted by the Director of the Central Repository and the Director of the Federal Bureau of Investigation. (e) Information obtained from the Central Repository under this section: (1) Is confidential and may not be redisseminated; and (2) May be used only for the licensing or registration purpose authorized by this title. (f) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. (g) In using information obtained from the Central Repository under this section to determine whether to issue a license or registration, the Board shall consider: (1) The age at which the crime was committed; (2) The nature of the crime; (3) The circumstances surrounding the crime; (4) The length of time that has passed since the crime was committed; (5) Subsequent work history; (6) Employment and character references; and (7) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

Md. Code, Health Occupations § 6-304

(a) To apply for a license or registration, an applicant shall: (1) Submit to the Board an application on the form that the Board requires; (2) Submit to the Board evidence of compliance with the requirements of § 6–302 of this subtitle; and (3) Pay the application fee set by the Board. (b) The Board shall issue a license or registration to any applicant who: (1) Pays a license or registration fee set by the Board; and (2) Meets the requirements of this subtitle. (c) The Board shall include on each license and registration that the Board issues the kind of license or registration. (d) (1) On receipt of the criminal history record information of an applicant for licensure or registration forwarded to the Board in accordance with § 6–303 of this subtitle, in determining whether to grant a license or registration, the Board shall consider: (i) The age at which the crime was committed; (ii) The circumstances surrounding the crime; (iii) The length of time that has passed since the crime; (iv) Subsequent work history; (v) Employment and character references; and (vi) Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety. (2) The Board may not issue a license or registration if the criminal history record information required under § 6–303 of this subtitle has not been received.

Md. Code, Health Occupations § 6-305

(a) (1) A license or registration expires on the date set by the Board, unless the license or registration is renewed for a 1–year term as provided in this section. (2) A license or registration may not be renewed for a term of longer than 2 years. (b) At least 1 month before the license or registration expires, the Board shall send to the licensed massage therapist or registered massage practitioner, by electronic means or first–class mail to the last known electronic or physical address of the licensed massage therapist or registered massage practitioner, a renewal notice that states: (1) The date on which the current license or registration expires; (2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license or registration expires; and (3) The amount of the renewal fee. (c) Before a license or registration expires, the licensed massage therapist or registered massage practitioner periodically may renew it for an additional term, if the licensed massage therapist or registered massage practitioner: (1) Otherwise is entitled to be licensed or registered; (2) Submits to the Board a renewal application on the form that the Board requires; and (3) Pays to the Board a renewal fee set by the Board. (d) (1) Each licensed massage therapist or registered massage practitioner shall notify the Board in writing of any change in the name or address of the licensed massage therapist or registered massage practitioner within 60 days after the change occurred. (2) Subject to the hearing provisions of § 6–309 of this subtitle, if a licensed massage therapist or registered massage practitioner fails to notify the Board within the time required under this subsection, the Board may impose an administrative penalty of $100. (e) The Board shall renew the license of each licensed massage therapist and the registration of each registered massage practitioner who meets the requirements of this section.

Md. Code, Health Occupations § 6-306

(a) If a licensed massage therapist or registered massage practitioner fails for any reason to renew a license or registration, the Board shall reinstate the license or registration if the former licensed massage therapist or former registered massage practitioner: (1) Applies to the Board for reinstatement of the license or registration within 5 years after the license or registration expires; (2) Meets the renewal requirements of § 6–305 of this subtitle; (3) Submits to the Board satisfactory evidence of having completed a State and national criminal history records check in accordance with § 6–303 of this subtitle; and (4) Pays to the Board the reinstatement fee set by the Board. (b) (1) The Board may not reinstate the license of a former licensed massage therapist or registration of a former registered massage practitioner who fails to apply for reinstatement of the license or registration within 5 years after the license or registration expires. (2) If the Board does not reinstate a license or registration under paragraph (1) of this subsection, a former licensed massage therapist or former registered massage practitioner may apply for a new license or registration by meeting the licensing or registration requirements in effect at the time of application for obtaining a new license or registration under this title and any additional requirements determined by the Board.

Md. Code, Health Occupations § 6-306.2

§6–306.2. (a) The Board shall place a licensed massage therapist or registered massage practitioner on inactive status if the licensee or registration holder submits to the Board: (1) An application for inactive status on the form required by the Board; and (2) The inactive status fee set by the Board. (b) A licensed massage therapist or a registered massage practitioner on inactive status may reactivate the license or registration if the licensee or registration holder: (1) Complies with the continuing education and CPR requirements that are: (i) Established in regulations adopted by the Board; and (ii) In effect for the current license or registration renewal period in which the licensee or registration holder seeks to reactivate the license or registration; and (2) Pays the reactivation fee set by the Board.

Md. Code, Health Occupations § 6-307

(a) Unless the Board agrees to accept the surrender of a license or registration of a licensed massage therapist or registered massage practitioner, a licensed massage therapist or registered massage practitioner may not surrender the license or registration nor may the license or registration lapse by operation of law while a licensed massage therapist or registered massage practitioner is under investigation or while charges are pending against the licensed massage therapist or registered massage practitioner. (b) The Board may set conditions on its agreement with the licensed massage therapist or registered massage practitioner under investigation or against whom charges are pending to accept surrender of the license or registration.

Md. Code, Health Occupations § 6-308

(a) Subject to the hearing provisions of § 6–309 of this subtitle, the Board may deny a license or registration to an applicant, reprimand a licensee or registration holder, place any licensee or registration holder on probation, or suspend or revoke the license of a licensee or the registration of a registration holder if the applicant, licensee, or registration holder: (1) Fraudulently or deceptively obtains or attempts to obtain a license or registration for the applicant or for another; (2) Fraudulently or deceptively uses a license or registration; (3) Is disciplined by a licensing, certifying, or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section; (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; (5) Willfully and knowingly: (i) Files a false report or record of an individual under the care of the licensee or registration holder; or (ii) Gives any false or misleading information about a material matter in an employment application; (6) Knowingly does any act that has been determined by the Board, in its regulations, to exceed the scope of practice authorized to the individual under this subtitle; (7) Provides professional services while: (i) Under the influence of alcohol; or (ii) Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; (8) Does an act that is inconsistent with generally accepted professional standards in the practice of massage therapy; (9) Is negligent in the practice of massage therapy; (10) Is professionally incompetent; (11) Has violated any provision of this title; (12) Submits a false statement to collect a fee; (13) Is physically or mentally incompetent; (14) Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article; (15) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee or registration holder is qualified to render because the individual is HIV positive; (16) Except in an emergency life–threatening situation where it is not feasible or practicable, fails to comply with the Centers for Disease Control and Prevention’s guidelines on standard precautions; (17) Is habitually intoxicated; (18) Is addicted to, or habitually abuses, any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; (19) Fails to cooperate with a lawful investigation conducted by the Board; (20) Engages in conduct that violates the professional code of ethics; (21) Knowingly does an act that has been determined by the Board to be a violation of the Board’s regulations; (22) Fails to submit to a criminal history records check in accordance with § 6–303 of this subtitle; or (23) Fails to comply with a Board order. (b) If, after a hearing under § 6–309 of this subtitle, the Board finds that there are grounds under subsection (a) of this section to suspend or revoke a license or registration to practice massage therapy, to reprimand a licensee or registration holder, or to place a licensee or registration holder on probation, the Board may impose a penalty not exceeding $5,000 in lieu of or in addition to suspending or revoking the license or registration, reprimanding the licensee or registration holder, or placing the licensee or registration holder on probation. (c) (1) An individual whose license or registration has been suspended or revoked by the Board shall return the license or registration to the Board. (2) If the suspended or revoked license or registration has been lost, the individual shall file with the Board a verified statement to that effect.

Md. Code, Health Occupations § 6-309

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 6–308 of this subtitle, the Board shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. (b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. (c) The individual may be represented at the hearing by counsel. (d) Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it. (e) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court. (f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter. (g) If, after a hearing, an individual is found in violation of § 6–308 of this subtitle, the individual shall pay the costs of the hearing as specified in regulation adopted by the Board.

Md. Code, Health Occupations § 6-310

(a) Except as provided in this section for an action under § 6–308 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. (b) Any person aggrieved by a final decision of the Board under § 6–308 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act. (c) (1) The Board may grant a stay of enforcement of a Board order in accordance with the Administrative Procedure Act. (2) An order by the Board may not be stayed pending judicial review. (d) The Board may appeal a decision that reverses or modifies its order.

Md. Code, Health Occupations § 6-311

(a) An action may be maintained in the name of the State or the Board to enjoin: (1) The unauthorized practice of massage therapy; or (2) Conduct that is a ground for disciplinary action under § 6–308 of this subtitle. (b) An action under this section may be brought by: (1) The Board in its own name; (2) The Attorney General, in the name of the State; or (3) A State’s Attorney, in the name of the State. (c) An action under this section may be brought in the county where the defendant: (1) Resides; or (2) Engages in the act sought to be enjoined. (d) (1) Except as provided in paragraph (2) of this subsection, an action under this section may not be brought against an individual who is authorized to practice a health occupation under this article. (2) An action under this section may be brought against an individual who is authorized to practice massage therapy under this title. (e) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section. (f) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of massage therapy under § 6–501 of this title or disciplinary action under § 6–308 of this subtitle.

Md. Code, Health Occupations § 6-312

If a license or registration has been suspended or revoked under § 6–308 of this subtitle, the Board may reinstate that license or registration only in accordance with: (1) The terms and conditions of the order of suspension or order of revocation; or (2) An order of reinstatement issued by the Board.

Md. Code, Health Occupations § 6-313

(a) If the Board, while reviewing an application for licensure or investigating an allegation brought against a licensee under this title, has reason to believe and objective evidence that the applicant or licensee may cause harm to individuals affected by the applicant’s or licensee’s practice of massage therapy, the Board shall require the applicant or licensee to submit to an appropriate examination by a health care provider designated by the Board. (b) In return for the privilege to practice massage therapy in the State, the applicant or licensee is deemed to have: (1) Consented to submit to an examination under this section, if requested by the Board in writing; and (2) Waived any claim of privilege as to the testimony or examination reports of the examining health care professional. (c) The failure or refusal of the applicant or licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the applicant’s or licensee’s inability to practice massage therapy competently, unless the Board finds that the failure or refusal was beyond the control of the licensee. (d) The Board shall pay the cost of any examination made under this section.

Md. Code, Health Occupations § 6-401

(a) The Board shall adopt regulations to establish standards for advertising or soliciting by licensed massage therapists or registered massage practitioners. (b) For purposes of this section, the mailing of notices to patients to inform them of times for periodic appointments is not advertising or soliciting. (c) A licensed massage therapist or registered massage practitioner may use a trade name in connection with the practice of massage therapy provided that: (1) The use of the trade name is not deceptive or misleading; (2) The advertisement in which the trade name appears includes the name of the licensed massage therapist or registered massage practitioner or the name of the business entity providing the massage therapy services being advertised, as long as the advertisement includes the name of a licensed massage therapist or registered massage practitioner; (3) The name of the licensed massage therapist or registered massage practitioner providing massage therapy services appears on the billing invoices, stationery, and any receipt given to a patient; and (4) Treatment records are maintained that clearly identify the licensed massage therapist or registered massage practitioner who has performed the massage therapy service for the patient.

Md. Code, Health Occupations § 6-402

A health care provider who is licensed or certified under this article may not refer patients to an individual who is not a licensed massage therapist.

Md. Code, Health Occupations § 6-404

(a) In this section, “massage therapist and practitioner rehabilitation committee” means a committee that: (1) Is a committee of the Board or a committee of an association that represents at least 250 licensed massage therapists in the State that: (i) Is recognized by the Board; and (ii) Includes massage therapists and massage practitioners; and (2) Performs any of the functions listed in subsection (c) of this section. (b) A rehabilitation committee of the Board or recognized by the Board may function: (1) Solely for the Board; or (2) Jointly with a rehabilitation committee representing another board or boards. (c) A massage therapist and practitioner rehabilitation committee shall evaluate and provide assistance to any licensed massage therapist, registered massage practitioner, or other individual regulated by the Board in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. (d) (1) In this subsection, “civil action” does not include a proceeding before the Board or the judicial review of a proceeding before the Board. (2) Except as otherwise provided in this subsection, the proceedings, records, and files of the massage therapist and practitioner rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the massage therapist and practitioner rehabilitation committee. (3) Paragraph (2) of this subsection does not apply to any record or document that is considered by the massage therapist and practitioner rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in any arbitration or civil proceeding. (e) A person who acts in good faith and within the scope of the jurisdiction of a massage therapist and practitioner rehabilitation committee is not civilly liable for any action as a member of the massage therapist and practitioner rehabilitation committee or for giving information to, participating in, or contributing to the function of the massage therapist and practitioner rehabilitation committee.

Md. Code, Health Occupations § 6-405

(a) After consultation with the Board, the county executive or any governing body of a county may adopt ordinances or regulations relating to massage establishments and verification, inspection, and display of licenses issued under this subtitle. (b) Local health officers and local law enforcement have the authority to carry out the provisions of the ordinances or regulations adopted under subsection (a) of this section.

Md. Code, Health Occupations § 6-501

(a) Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice massage therapy, massage, myotherapy, or any synonym or derivation of these terms in the State unless licensed or registered by the Board. (b) A person may not aid or abet the unauthorized practice of massage therapy in the State.

Md. Code, Health Occupations § 6-502

(a) An individual who is not a licensed massage therapist or registered massage practitioner under this title 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. (b) An individual who is a registered massage practitioner under this title, or a business entity that employs an individual who is a registered massage practitioner under this title, may not advertise to the public that the individual or business entity provides health–related therapeutic massage services. (c) Unless authorized to practice under this title, a person may not use the title “massage therapist”, “MT”, “licensed massage therapist”, “LMT”, “massage practitioner”, “MP”, “registered massage practitioner”, or “RMP”, or any other term or title with the intent to represent that the person practices massage therapy. (d) A law enforcement officer may demand proof of licensure or registration.

Md. Code, Health Occupations § 6-503

A person may not buy, sell, or fraudulently obtain: (1) A license or registration; or (2) Any diploma or degree required under § 6–302 of this title.

Md. Code, Health Occupations § 6-504

(a) (1) This subsection does not apply to a person who practices or attempts to practice massage therapy without a license or registration if the person’s license or registration expired fewer than 6 months before the violation occurred. (2) A person who practices or attempts to practice massage therapy without a license or registration in violation of § 6–501(a) of this subtitle or represents to the public in violation of § 6–502 of this subtitle that the person is authorized to practice massage therapy is guilty of a misdemeanor and on conviction is subject to: (i) For a first offense, a fine not exceeding $2,000 or imprisonment not exceeding 6 months; or (ii) For a subsequent offense, a fine not exceeding $6,000 or imprisonment not exceeding 1 year. (b) A person who aids or abets the unauthorized practice of massage therapy in violation of § 6–501(b) of this subtitle is guilty of a felony and on conviction is subject to: (1) For a first offense, a fine not exceeding $5,000 or imprisonment not exceeding 1 year; or (2) For a subsequent offense, a fine not exceeding $20,000 per day or imprisonment not exceeding 5 years. (c) A person who is convicted under subsection (a) or (b) of this section shall reimburse the Board for the direct costs of the Board, including court reporting services and expert witness fees, incurred as a result of a prosecution under subsection (a) or (b) of this section. (d) (1) A person who violates § 6–501 of this subtitle is subject to a civil fine of not more than $10,000 to be assessed by the Board in accordance with regulations adopted by the Board. (2) The Board shall pay any penalty collected under this subsection into the State Board of Massage Therapy Examiners Fund.

Md. Code, Health Occupations § 6-602

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2031.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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