Section effective May 13, 2023.
(A) The board may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an establishment or individual, including unlicensed persons, for violations of this chapter or Chapter 1, Title 40 and related regulations.
(B) For each violation, separate citations may be issued, and separate administrative penalties may be assessed; however, no more than five thousand dollars in administrative penalties may be assessed against an establishment or an individual, including an unlicensed practice, per offense. Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal.
(C) An entity or individual that has been assessed administrative penalties may appeal those penalties to the board within ten days of receipt of a citation. If an appeal is filed, then the department shall schedule a hearing before the board, which shall make a determination on the matter. If no appeal is filed, then the citation is considered a final order, and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.
HISTORY: 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Editor's Note
Prior Laws: Former Section 40-30-160 was titled Records and registry, and had the following history: 1996 Act No. 387, Section 1.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 30 - Massage/bodywork Practice Act
Section 40-30-20. Application of chapter; conflict of laws.
Section 40-30-30. Definitions.
Section 40-30-40. Board of Massage Therapy.
Section 40-30-50. Duties of board.
Section 40-30-60. Preparation and publication of roster.
Section 40-30-100. Practice without license.
Section 40-30-110. Qualifications for license.
Section 40-30-130. Examination.
Section 40-30-140. Issuance of license.
Section 40-30-150. Inspection of massage therapy and sole practitioner establishments.
Section 40-30-180. Renewal of license.
Section 40-30-185. Inactive status.
Section 40-30-190. Promulgation of regulations.
Section 40-30-200. Investigation of complaints.
Section 40-30-220. Cease and desist orders; temporary restraining orders.
Section 40-30-230. Grounds for denial of licensure to massage therapist applicant.
Section 40-30-240. Mental or physical examination; records; drug testing.
Section 40-30-250. Discipline.
Section 40-30-260. Voluntary surrender of license.
Section 40-30-280. Service of notice upon nonresident.
Section 40-30-290. Costs and fines.