Okla. Admin. Code § 175:20-5-2

Current through Vol. 42, No. 3, October 15, 2024

Section 175:20-5-2 - Licensure by Reciprocity

(a) The Board may issue a license by reciprocity to a person who:

(1) submits an application on a form prepared by the Board;

(2) possesses a valid license or registration to practice massage therapy issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia or any foreign nation;

(3) has met educational and examination requirements equal to or exceeding those established pursuant to the Massage Therapy Practice Act;

(4) provides documentation that the applicant currently maintains liability insurance for practice as a massage therapist;

(5) states under penalty of perjury in a manner prescribed on the application as to:

(A) whether the applicant has pleaded guilty, nolo contendere or been convicted of a crime other than a minor traffic violation in any jurisdiction; and

(B) whether the applicant has had a massage therapy license revoked in another jurisdiction or been the subject of disciplinary action in another jurisdiction.

(6) submits a current criminal history information report obtained from the state or territory of the United States, the District of Columbia or foreign nation where the applicant is licensed. If no such report is available from the state, territory or foreign nation, the applicant shall submit a criminal history background information report from the Oklahoma State Bureau of Investigation.

(b) The applicant from another state or territory of the United States, the District of Columbia or a foreign nation may be required to provide evidence that documents have been certified as valid by a creditable agency as recognized by the Board. Any cost incurred for validation of documents shall be paid by the applicant.

(c) A criminal history background information report required by this section shall be current if dated no more than thirty (30) days prior to the date on which the applicant submits a completed application to the Board and shall include a search of sex offender and violent offender databases. All fees required for the criminal history background report shall be paid by the applicant.

(d) The Board may deny a license or impose probationary conditions if the applicant has

(1) pleaded guilty, nolo contendre or been convicted of a felony that substantially relates to the practice of massage therapy or poses as reasonable threat to public safety;

(2) engaged in unprofessional conduct as described in this chapter that has endangered or is likely to endanger the health, welfare or safety of the public;

(3) violated any provision of the Massage Therapy Practice Act or any rule of the Board; or

(4) had a license revoked in another jurisdiction or been the subject of disciplinary action in another jurisdiction.

(e) As used in this section:

(1)"Substantially relates" means the nature of criminal conduct for which the person was convicted, or to which the person pleaded, has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to massage therapy; and

(2)"Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted, or to which the person pleaded, involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in massage therapy.

Okla. Admin. Code § 175:20-5-2

Adopted by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020