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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 5300
Pursuant to 24 Del.C. §5306(a)(1), the Board of Massage and Bodywork ("Board") has proposed revisions to its rules and regulations.
200-hour course of supervised in-class study of massage" as referenced in 24 Del.C. §5309(b) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage and bodywork therapy, and can document that the applicant has successfully completed a curriculum that meets the requirements of 24 Del.C. §5309(b).
"300-hour course of supervised in-class study of massage" as referenced in 24 Del.C. §5309(a)(2) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage and bodywork therapy, and can document that the applicant has successfully completed a curriculum that meets the requirements of 24 Del.C. §5309(a)(2). The entire 300-hour course must be taken at one school or approved program. The Board may, upon request, waive the “single school” requirement for good cause or hardship, such as the closure of a school.
"500 hours of supervised in-class study" as referenced in 24 Del.C. §5308(a)(2) shall mean that an instructor has controlled and reviewed the applicant's education on the premises of a school or approved program of massage or bodywork therapy, and can document that the applicant has successfully completed a curriculum that meets the requirements of 24 Del.C. §5308(a)(2) and which includes hands-on technique and contraindications as they relate to massage and bodywork. More than one school or approved program of massage or bodywork therapy may be attended in order to accumulate the total 500-hour requirement.
Core course” shall mean a continuing education course with a subject matter within the “practice of massage and bodywork,” which contributes to the professional competency of the massage and bodywork therapist or massage technician. Core courses must be designed to maintain, improve, or expand skills and knowledge or to develop new and relevant skills and knowledge. Ethics is a core course.
CPR certification” shall mean a valid Heartsaver® CPR Certification or its equivalent issued by the American Heart Association, a valid Adult CPR Certification or its equivalent issued by the American Red Cross, or a valid Standard CPR Certification or its equivalent issued by the National Safety Council, or, upon review and approval of the Board, a substantially similar certification taught by a certified instructor. CPR certification cannot be obtained solely through an on-line course.
Elective course” means a continuing education course with a subject matter that is outside the “practice of massage and bodywork,” which does not directly contribute to the professional competency of the massage and bodywork therapist or massage technician. Elective courses may have one of the following subject matters: courses outside the “practice of massage and bodywork,” professional growth and improvement, and business practices.
Massage and bodywork” includes, but is not limited to, the following practices or modalities:
School or approved program” means a school or program of massage that has been approved by the Delaware Department of Education or the Board of Education, or its equivalent, in the state where the school is conducting classes.
A licensee shall notify the Board of any change of address from that registered with the Board. Such notice shall be sent to the Board by certified mail not later than 30 days following the change of address. A licensee’s failure to notify the Board of a change in address will not excuse the licensee from audit requirements, including possible sanctions for non-compliance.
4.2.1 Have each school or approved program of massage and bodywork, where the applicant completed the hours of study required by 24 Del.C. §5308(a)(2), submit to the Board: 1) an official transcript showing dates and total hours attended and a description of the curriculum completed, 2) proof of the school or program’s current state approval, 3) contact information for the school or program director, and 4) a copy of the school or program’s catalogue; and
6.2 In addition to the application and materials described in subsection 6.1, an applicant for licensure as a certified massage technician shall have each school or approved program of massage and bodywork, where the applicant completed the hours of study required by 24 Del.C. §5309(a)(2), submit to the Board: 1) an official transcript showing dates and total hours attended and a description of the curriculum completed, 2) proof of the school or program’s current state approval, 3) contact information for the school or program director, and 4) a copy of the school or program’s catalogue.
6.3 In addition to the application and materials described in subsection 6.1, an applicant for temporary licensure as a certified massage technician shall have each school or approved program of massage and bodywork, where the applicant completed the hours of study required by 24 Del.C. §5309(b), submit to the Board: 1) an official transcript showing dates and total hours attended and a description of the curriculum completed, 2) proof of the school or program’s current state approval, 3) contact information for the school or program director, and 4) a copy of the school or program’s catalogue.
9.9 Requirements for Return to Active Status. Unless extended by the Board for hardship as defined in subsection 9.7, massage and bodywork therapists and massage technicians returning from inactive status must provide notice to the Board as set forth in subsection 8.2 and must provide adequate proof of the satisfactory completion of 24 hours of Board approved CE within the immediately preceding two-year period prior to the date of the notice to return to active status. CE hours required to return to active status may not be credited towards the hours required for renewal in any other licensing period.
11.2.10 Perform or offer to perform any services for clients other than those connected with the practice of massage and bodywork, as defined in 24 Del.C. §5302(6), unless the licensee has additional training and licensure to perform those services.
"Advertise" or "advertising" means the public promotion of a service, by use of printed media, the internet, or any other advertising method or medium, to attract and encourage individuals to engage, purchase, or use the service referenced in the content of the advertisement.
"Dormitory" means a location in a massage establishment, other than a residence, where there are signs that individuals are living there or engaged in communal sleeping, including but not limited to, beds, mattresses or cots.
"Massage establishment" means any place of business that offers the practice of massage and bodywork and where the practice of massage and bodywork is conducted on the premises of the business, or that represents itself to the public by any title or description of services incorporating the words "bodywork," "massage," "massage therapy," "massage practitioner," "massagist," "masseur," "masseuse," or other terms or modalities included in the definition of "massage and bodywork" in Section 2.0 of the Board's rules and regulations or any images or photographs depicting massage or bodywork. A "place of business" includes any office, clinic, facility, salon, spa, or other location where a person or persons engage in the practice of massage and bodywork. The residence of a therapist, or an out call location which is not owned, rented, or leased by a massage therapist or massage establishment, shall not be considered a massage establishment, unless the location is advertised as the therapist's or establishment's place of business. The term "massage establishment" shall not include any "facility" as defined in §1131(4) of Title 16, any "hospital" as defined in §1001(3) of Title 16, physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists, or institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams or any other business establishment licensed pursuant to another chapter of this Title 24 of the Delaware Code.
"Professional-in-charge" means a licensee who is responsible for the operation of a massage establishment, including ensuring that all employees and contractors are licensed, where required by law.
"Sexual activity" means any direct or indirect physical contact by any person or between persons which is intended to erotically stimulate either person or both or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse. Sexual activity can involve the use of any device or object and is not dependent on whether penetration, orgasm or ejaculation has occurred.
"Sexually oriented business" means a sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has as its primary business the offering of a service or the sale, rent or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
12.013.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
12.113.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
12.213.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
12.313.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
12.413.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
12.513.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 9.8 of this section.
12.613.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
12.6.113.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
12.6.213.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
12.6.313.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
12.6.413.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
12.6.513.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
12.6.613.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
12.713.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
12.813.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
12.913.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
12.1013.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
12.1113.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
12.1213.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
13.014.0 Crimes Substantially Related to the Practice of Massage and Bodywork:
13.114.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit any of the following crimes, is deemed to be substantially related to the practice of massage and bodywork in the State of Delaware without regard to the place of conviction:
13.1.114.1.1 Reckless endangering in the first degree. 11 Del.C. §604
13.1.214.1.2 Abuse of a pregnant female in the first degree. 11 Del.C. §606.
13.1.314.1.3 Assault in the second degree. 11 Del.C. §612
13.1.414.1.4 Assault in the first degree. 11 Del.C. §613.
13.1.514.1.5 Unlawfully administering drugs. 11 Del.C. §625.
13.1.614.1.6 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.
13.1.714.1.7 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
13.1.814.1.8 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
13.1.914.1.9 Murder in the second degree. 11 Del.C. §635.
13.1.1014.1.10 Murder in the first degree. 11 Del.C. §636.
13.1.1114.1.11 Incest. 11 Del.C. §766.
13.1.1214.1.12 Unlawful sexual contact in the third degree. 11 Del.C. §767.
13.1.1314.1.13 Unlawful sexual contact in the second degree. 11 Del.C. §768.
13.1.1414.1.14 Unlawful sexual contact in the first degree. 11 Del.C. §769.
13.1.1514.1.15 Rape in the fourth degree. 11 Del.C. §770.
13.1.1614.1.16 Rape in the third degree. 11 Del.C. §771.
13.1.1714.1.17 Rape in the second degree. 11 Del.C. §772.
13.1.1814.1.18 Rape in the first degree. 11 Del.C. §773.
13.1.1914.1.19 Sexual extortion. 11 Del.C. §774.
13.1.2014.1.20 Continuous sexual abuse of a child. 11 Del.C. §776.
13.1.2114.1.21 Dangerous crime against a child. 11 Del.C. §777.
13.1.2214.1.22 Sex offender unlawful sexual conduct against a child. 11 Del.C. §777A.
13.1.2314.1.23 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree; penalties. 11 Del.C. §778.
13.1.2414.1.24 Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree; penalties. 11 Del.C. §778A.
13.1.2514.1.25 Female genital mutilation. 11 Del.C. §780.
13.1.2614.1.26 Kidnapping in the second degree. 11 Del.C. §783.
13.1.2714.1.27 Kidnapping in the first degree. 11 Del.C. §783A.
13.1.2814.1.28 Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony. 11 Del.C. §787.
13.1.2914.1.29 Acts constituting coercion. 11 Del.C. §791.
13.1.3014.1.30 Arson in the first degree. 11 Del.C. §803.
13.1.3114.1.31 Burglary in the second degree. 11 Del.C. §825.
13.1.3214.1.32 Burglary in the first degree. 11 Del.C. §826.
13.1.3314.1.33 Robbery in the first degree. 11 Del.C. §832.
13.1.3414.1.34 Carjacking in the second degree. 11 Del.C. §835.
13.1.3514.1.35 Carjacking in the first degree. 11 Del.C. §836.
13.1.3614.1.36 Insurance fraud. 11 Del.C. §913.
13.1.3714.1.37 Health care fraud. 11 Del.C. §913A.
13.1.3814.1.38 Dealing in children. 11 Del.C. §1100A.
13.1.3914.1.39 Endangering the welfare of a child; class E or G felony. 11 Del.C. §1102.
13.1.4014.1.40 Sexual exploitation of a child. 11 Del.C. §1108.
13.1.4114.1.41 Unlawfully dealing in child pornography. 11 Del.C. §1109.
13.1.4214.1.42 Possession of child pornography. 11 Del.C. §1111.
13.1.4314.1.43 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112.
13.1.4414.1.44 Sexual solicitation of a child. 11 Del.C. §1112A.
13.1.4514.1.45 Hate crimes; felony. 11 Del.C. §1304.
13.1.4614.1.46 Stalking. 11 Del.C. §1312.
13.1.4714.1.47 Cruelty to animals; felony. 11 Del.C. §1325.
13.1.4814.1.48 Bombs, incendiary devices, Molotov cocktails and explosive devices. 11 Del.C. §1338.
13.1.4914.1.49 Adulteration. 11 Del.C. §1339.
13.1.5014.1.50 Lewdness. 11 Del.C. §1341.
13.1.5114.1.51 Prostitution. 11 Del.C. §1342.
13.1.5214.1.52 Patronizing a prostitute prohibited. 11 Del.C. §1343.
13.1.5314.1.53 Promoting prostitution in the third degree. 11 Del.C. §1351.
13.1.5414.1.54 Promoting prostitution in the second degree. 11 Del.C. §1352.
13.1.5514.1.55 Promoting prostitution in the first degree. 11 Del.C. §1353.
13.1.5614.1.56 Permitting prostitution. 11 Del.C. §1355.
13.1.5714.1.57 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136(a), (b) and (c).
13.1.5814.1.58 Abuse, neglect, exploitation or mistreatment of infirm adult. 31 Del.C. §3913(a), (b) and (c).
13.214.2 Crimes substantially related to the practice of massage and bodywork shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
Last Updated: December 31 1969 19:00:00.
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