Section effective May 13, 2023. See, also, section 40-30-220 effective until May 13, 2023.
(A) If the board or the department has reason to believe that an individual or an entity is violating or intends to violate a provision of this chapter or a regulation promulgated pursuant to this chapter, in addition to all other remedies, the board may order an individual or an entity to immediately cease and desist from engaging in the conduct. If the individual is practicing massage therapy or an entity is operating a massage therapy establishment or sole practitioner establishment without being licensed pursuant to this chapter, then the board or the department also may apply to an administrative law judge for a temporary restraining order prohibiting the unlawful practice. The board or the department may also seek from an administrative law judge other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated pursuant to this chapter.
(B) A board member, the director of the department, or any other employee of the department may not be held liable for damages resulting from a wrongful temporary restraining order.
HISTORY: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 6, eff June 7, 2013; 2022 Act No. 151 (S.227), Section 2, eff May 13, 2023.
Effect of Amendment
The 2013 amendment, in the last paragraph of subsection (A), substituted "A panel member" for "No disciplinary panel member", and made other nonsubstantive changes.
2022 Act No. 151, Section 2, rewrote the section.
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.