General Requirements

General Requirements. A. No person shall practice massage for compensation in the State of Mississippi except as provided by state statute and these regulations. B. An applicant must be eighteen (18) years of age, or older, on the date the application is submitted. C. An applicant must provide proof of high school graduate equivalency. D. An applicant must be of legal status not only to receive a license, but also to work in the State of Mississippi with such license. E. All required fees for initial licensure must be submitted by the applicant with a cashier’s check or money order. Corporate checks are accepted from Mississippi licensed massage therapy schools in good standing. F. Any and all requirements regarding good moral character and competency, as provided for in accepted codes of ethics shall be met. The burden of demonstrating that the applicant possesses the good moral character required for licensure shall rest with the applicant. Effective July 1, 2013, an applicant must have successfully been cleared for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-67-27. 1. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. 2. Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency. 3. The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories. 4. The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant. 5. "Good Moral Character" is a pattern of behavior conforming to the profession's ethical standards and behavior that indicates honesty and truthfulness, integrity, respect among the community for lawful behavior, respect for the rights of others, and obedience to the lawful directives of public offices or officials or persons charged with the enforcement of the law and showing an absence of moral turpitude. Persons with a conviction (misdemeanor or felony) related to prostitution, public indecency or sexual imposition have demonstrated an absence of good moral character and will not be granted a license to practice massage therapy. a. A determination of good moral character shall be based on the absence of acts that reflect moral turpitude and that reflect all aspects of a person's character as exemplified by his or her behavior including, but not necessarily limited to, that the person: i. Is guilty of fraud, deceit or misrepresentation in procuring or attempting to procure any license provided for under this Board; ii. Attempted to use as his own the license of another; iii. Allowed the use of his license by another; iv. Is guilty of unprofessional or unethical conduct as defined by the code of ethics; v. Has been adjudicated as mentally incompetent by regularly constituted authorities; vi. Has received treatment for any emotional disturbances, mental disorder or insanity that would impair the person’s ability to perform as a massage therapist; vii. Has been convicted, found guilty, or entered a plea of nolo contendere of a crime, or has charges or disciplinary action pending that directly relates to the practice of massage therapy or to the ability to practice massage therapy. viii. Is guilty of false, misleading or deceptive advertising, or is guilty of aiding or assisting in the advertising or practice of any unlicensed or unpermitted person in the practice of massage therapy; ix. Is or has been a defendant in civil litigation in which the basis of the complaint was for negligence, malpractice, or lack of professional competence in the practice of massage therapy; x. Has been disciplined by a regulatory authority in any jurisdiction related to the practice of massage or of any other credentialed profession (such disciplinary outcome includes, but is not limited to, license restrictions or conditions, probation, fine, or reprimand); xi. Has had rights, credentials or one or more license(s) to practice massage therapy or any other credentialed profession revoked, suspended, denied, or required to be surrendered in any jurisdiction, territory or possession of the United States or another country. A certified copy of the record of the jurisdiction making such a revocation, suspension or denial shall be conclusive evidence thereof; xii. Has voluntarily surrendered a license or credential to practice massage therapy or any other credentialed profession in connection with or to avoid a disciplinary action by a regulatory authority in any jurisdiction; xiii. Has been convicted, found guilty, or entered a plea of nolo contendere of any felony, other than a violation of federal or state tax laws. b. In determining a person's good moral character when there is evidence of the conduct described above, the Board will also consider the following factors: i. The nature of the criminal offense(s) or conduct which gave rise to the disciplinary, civil, or administrative action. ii. The age of the applicant at the time of the criminal conviction(s) or conduct which gave rise to the disciplinary, civil or administrative action. iii. The number of criminal convictions or number of disciplinary, civil or administrative actions taken against the applicant. iv. The nature and severity of the sentence or sanction imposed for each criminal conviction or disciplinary, civil or administrative action. v. Whether the probation period given in a conviction has been completed and fully satisfied to include fines, court costs, and other conditions of probation. vi. Whether restitution ordered by a court in a criminal conviction or civil judgment has been fully satisfied. vii. Whether the record of conviction was overturned on appeal, the record was expunged, or significant evidence of rehabilitation is provided. viii. The remoteness from the date of the criminal offense(s) or conduct. G. The Board must receive a complete application packet, fees and official transcript(s) by the established application deadline for the application to be considered for licensure at the next regularly scheduled Board Meeting. H. An applicant must supply proof of current certification in cardiopulmonary resuscitation (CPR) and first aid of at least eight (8) hours of training, including practical testing, and supply documentation of familiarity with the American with Disabilities Act. I. An applicant must have completed an approved course on communicable diseases, including HIV/AIDS information and prevention. Board approved schools shall include these courses and those listed in ‘H’ above in the curriculum. J. Request for Pre-Licensure Determination. An individual may request the Board for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary. The request shall also be accompanied by a judgement of conviction and a fee of $25.00. 1. Disqualifying Crimes Felony. a. An individual may be denied a license or permit based on a felony conviction. A felony conviction includes the following: a deferred conviction, a deferred prosecution, a deferred sentence, finding or verdict of guilt, admission of guilt or a plea of nolo contendre. b. Directly Related to Licensure Practice. Crimes involving fraud or theft. Massage therapists often have unfettered access to individuals’ privileged information, financial information, and valuables, including medications, money, jewelry, credit cards/checkbook, and sentimental items. Massage therapists also provide massage services, working night and weekend shifts at massage establishments where there is often no direct supervision. Clients in these settings are particularly vulnerable to the unethical, deceitful, and illegal conduct of a massage therapist. When a massage therapist has engaged in criminal behavior involving physical misconduct, fraud or theft in the past, the Board is mindful that similar misconduct may be repeated in these massage settings, thereby placing clients and the public at risk. c. Misdemeanor. The admission of multiple convictions, including misdemeanor convictions may be used to determine if an individual shall be denied a license or permit. 2. Determination Notification a. Time for Response. The licensing authority or its designee shall issue a written determination notification to the individual within 30 days from the board’s receipt of the individual’s request. b. Standing. The individual shall be provided one of the following responses: i. Insufficient Information. If the individual’s request contains insufficient information, the licensing authority or its designee will notify the individual that a determination cannot be made at this time as to the individual’s standing or whether or not the criminal record will disqualify the individual from obtaining a license. ii. Disqualification Notification. The licensing authority or its designee shall notify the individual of the following: (1) Grounds and reasons for denial or disqualification. (2) The right to a hearing; (3) The earliest date to reapply for a license; (4) Evidence of rehabilitation may be considered upon reapplication. C. Administrative Hearing. The notice will advise the individual of the right to a hearing to challenge the licensing authority or its designee’s decision. D. Notice of Hearing. The licensing authority or its designee shall provide in writing to the individual the time, date and nature of the hearing pursuant to the Board’s statutory provisions, rules and regulations.