MASSAGE THERAPY-MISCONDUCT

Amends the Massage Licensing Act. Provides that, immediately after a person licensed under the Act has been charged with the offense of prostitution, rape, or sexual misconduct or with any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act, then the prosecuting attorney shall provide notice to the Department of Financial and Professional Regulation of the licensee's name, address, practice address, and license number and a copy of the criminal charges filed. Provides that, within 5 business days after receiving notice from the prosecuting attorney, the Secretary of Financial and Professional Regulation shall issue an administrative order that the licensee shall practice only with a chaperone who is a licensed health care worker present during all patient encounters pending the outcome of the criminal proceedings. Provides that the chaperone shall provide written notice to all of the licensee's patients before treatment explaining the Department's order to use a chaperone and each patient shall sign an acknowledgment that he or she received the notice. Provides that, within 5 business days after receipt of the administrative order, the licensee shall provide to the Department a written plan of compliance with the administrative order that is acceptable to the Department. Provides that failure to comply with the administrative order, failure to file a compliance plan, or failure to follow the compliance plan shall subject the licensed massage therapist to temporary suspension of his or her license until the completion of the criminal proceedings. Provides that, if the licensee is not convicted of the charge or if any conviction is later overturned by a reviewing court, the administrative order shall be vacated and removed from the licensee's record. Provides that the Department may adopt rules to implement the provisions. Effective immediately.