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SPONSOR: Rep. Ross Levin & Rep. K. Williams & Sen. Poore
Reps. Griffith, Heffernan; Sens. Hansen, Mantzavinos,
Walsh
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 136
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Chapter 53, Title 24 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 5317. Penalties.
4 (a) A person is guilty of a misdemeanor when the person does any of the following:
5 (1) Engages in the practice of massage or bodywork therapy or practices as a massage technician when not
6 currently licensed as a massage or bodywork therapist or certified as a massage technician under this chapter, when
7 guilty of engaging in the practice of massage or bodywork therapy or of practicing as a massage technician, or using
8 chapter.
9 (2) Uses in connection with the practitioner’s own name, or otherwise assuming or using any title or
10 description conveying, or tending to convey the impression that the practitioner is qualified to practice massage or
11 bodywork therapy, or to act as a massage technician, such offender shall be guilty of a misdemeanor. technician.
12 (b) Upon the For a first offense, the practitioner shall be fined not less than $100, nor more than $500 for each
13 offense. For a second or subsequent conviction, the fine shall be not less than $500, nor no more than $1,000 for each
14 offense. Superior Court shall have jurisdiction over all violations of this chapter.
15 (b)(c) Where a person unlawfully operates, manages, owns, or advertises for any massage establishment or place
16 where massage and bodywork services are rendered, the person shall be is guilty of a class A misdemeanor, and may be
17 imprisoned not more than for up to 1 year or fined year, receive a fine of up to not more than $2300, or both. Superior
18 Court shall have jurisdiction over all violations of this chapter.
19 (d) A person who unlawfully removes a placard under § 5320 of this title is guilty of a class A misdemeanor, and
20 may be imprisoned for up to 1 year, receive fine of up to $2300, or both.
21 (e) Superior Court has jurisdiction over any violation under this section.
22 $ 5319. Qualifications of applicants for massage establishments.
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23 (f) (2) If the inspecting official requests access to doors locked under this subsection during an inspection, the
24 doors must be opened immediately. A person who refuses to immediately open a locked door during an inspection is
25 unlawfully operating or managing the massage establishment under § 5317(b) 5317(c) of this title.
26 § 5320. Unlicensed practice violations; penalties.
27 (a) A placard, as provided by the Attorney General, shall must be prominently displayed at all any entrances
28 entrance of an establishments establishment that have failed to obtain has not obtained a valid license or have has a license
29 that is suspended, revoked, or expired. The placard may not be removed unless the removal is approved by the Division.
SYNOPSIS
A placard must be prominently displayed at any entrance of a massage and bodywork establishment that has failed
to obtain a valid license or has a license that is suspended, revoked, or expired. This Act provides that no placard can be
removed unless the removal of the placard is approved by the Division of Professional Regulation. This Act makes the
unlawful removal of the placard a class A misdemeanor, punishable by up to 1 year in jail and up to a $2300 fine.
Technical corrections are also made to existing statutory language to conform with the requirements of the
Legislative Drafting Manual.
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