Summary
A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be
suspended for certain time periods; to provide for reinstatement under certain
circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
Among the proposed changes:
Section 1 (d)
Any person, upon being convicted a first time for a violation of this Code section, shall be guilty of and shall be punished as for a misdemeanor. Upon being convicted a second time under this Code section, such person shall be guilty of and shall be
punished as for a misdemeanor of a high and aggravated nature. Upon being
convicted of a third or subsequent violation of this Code section, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $25,000.00, or both."
Section 2
(b) After notice and hearing, the license of any person licensed under this chapter who is found guilty or enters a plea of guilty or nolo contendere to a violation of Chapter 6 of Title 16 shall be suspended for not less than one nor more than two years on the first occurrence, not less than two nor more than five years on the second occurrence, and permanently on the third occurrence.
(c) A person whose license is suspended under subsection (b) of this Code section
for a first or second occurrence may apply for reinstatement after the suspension
period set by the board and pay a reinstatement fee of $1,000.00 in addition to any and all other fees that may be required."
Section 3(b)
Persons licensed under this chapter shall be subject to regulation by counties or
municipalities with regard to the operation of massage or massage therapy businesses within the jurisdiction of such counties or municipalities, the licensing of such businesses, and issues regarding health, safety, and protection of the public in connection with such businesses."
(NOTE: I spoke to Sen. Unterman regarding this section and she said that some municipalities were having trouble with illegitimate practitioners. They complained that the language in the original bill was vague. The purpose of this section is to give municipalities the power to stiffen the regulations so they can help protect our profession. When I mentioned that some municipalities were writing regulations that also made it difficult or impossible for legitimate practitioners to practice, she said those with problems also need to come forward to testify. More later.)
Section 4(c) increases makes the third violation a felony and increases the fines to not less than $25,000.00.
Sponsored By
* (1) Staton,Cecil 18th
* (2) Unterman,Renee 45th
* (3) Murphy,Jack 27th
* (4) Brown,Robert 26th
* (5) Douglas,John 17th
* (6) Chance,Ronnie 16th
SOURCE: http://www.legis.ga.gov/legis/2009_10/search/sb364.htm
Find your state senator:
Want to search for upcoming bills that may affect your practice?
Go to the Georgia General Assembly Legislative Search Page and search keywords
such as "massage". Many of the bills will be city charters.
Want to learn more and join the discussion?
Join the Yahoo!Group Georgia Massage Therapy Network, or if you would like to discuss this on Facebook, the AMTA-Georgia Chapter has a page. Join and ask questions, offer information, or give your opinion. Or visit the AMTA-Georgia Chapter website, contact the Government Relations Chair or Chapter President.
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