THE SENATE

S.B. NO.

2863

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CITATIONS FOR MASSAGE THERAPY VIOLATIONS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 452, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"452- Citation for licensee violations; fines. (a) In addition to any other remedy available under this chapter, the department of commerce and consumer affairs may issue a citation to any person who holds a license issued by the board for any of the following:

(1) Failure of a massage therapy establishment to conspicuously display a current massage therapy establishment license and the current licenses and permits of all persons employed by the massage therapy establishment;

(2) Failure of an apprentice to wear a conspicuously placed name tag stating the apprentice's name and the word "apprentice";

(3) Operation of a massage therapy establishment without a licensed principal massage therapist or licensed designee in attendance on the premises at all times; or

(4) Failure of a massage therapist or massage therapy establishment to include the respective massage therapist's or massage therapy establishment's current license number in any advertisement.

(b) Each citation:

(1) Shall be in writing and describe the basis of the citation, including the specific statute or rule violated;

(2) May contain an order of abatement and the assessment of a fine in the amount of $250 for each violation;

(3) Shall be served on the licensee by personal service; and

(4) Shall inform the licensee that the licensee may submit a written request to the board for a hearing to contest the citation, within twenty calendar days from the service of the citation.

(c) If the licensee timely submits a written request to the board for a hearing, the board may designate a hearings officer to conduct the hearing in accordance with chapter 91.

(d) If the licensee does not timely submit a written request to the board for a hearing, the citation shall be deemed a final order of the board.

(e) Failure of a licensee to pay any assessed fine within thirty calendar days, unless the licensee contests the citation, may result in further disciplinary action taken by the board."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act, upon its approval, shall take effect on July 1, 2016.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Citations; Massage Therapy Violations; Fines

 

Description:

Authorizes the issuance of a citation for specific violations of massage therapy laws by licensees. Sets forth a process for licensees to contest the citation and provides for the assessment of fines for each violation.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.