Section 73-67-15 - [Repealed Effective 7/1/2025] Duties of board; board members immune from liability(1) The board shall: (a) Adopt an official seal and keep a record of its proceedings, persons licensed as massage therapists, and a record of the licenses that have been revoked or suspended;(b) Keep on file all appropriate records pertaining to each license;(c) Annually, on or before February 15, make a report to the Governor and Legislature of all of its official acts during the preceding year, its total receipts and disbursements, and a full and complete report of relevant statistical and significantly notable conditions of massage therapists in this state as uniformly stipulated by the board;(d) Evaluate the qualifications of applicants for licensure under this chapter, and advise applicants as to the acceptance or denial of licensure with any reasons for denial within forty-five (45) days;(e) Issue licenses to applicants who meet the requirements of this chapter;(f) Inspect, or have inspected, when required, the business premises of any licensed massage therapist during their operating hours, so long as that inspection does not infringe on the reasonable privacy of any therapist's clients;(g) Establish minimum training and educational standards for obtaining a license under this chapter, provided that requirements do not decrease;(h) Establish a procedure for approval of educational standards required by this chapter;(i) Investigate persons suspected of engaging in practices that may violate provisions of this chapter;(j) Revoke, suspend or deny a license in accordance with the provisions of this chapter;(k) Adopt an annual budget;(l) Establish policies with respect to continuing education;(m) Adopt rules:(i) Specifying standards and procedures for issuance of a provisional permit;(ii) Specifying licensure procedures for practitioners desiring to be licensed in this state who hold an active license or credentials from another state board;(iii) Prescribing renewal procedures, requirements, dates and fees for massage therapy licenses issued by the board and shall include provisions for inactive and lapsed licenses; those rules shall be in accordance with Section 33-1-39;(n) Make available all forms necessary for carrying out all provisions of this chapter and any and all necessary business of the board;(o) Establish written duties of the executive director;(p) Establish a set of reasonable and customary fines and penalties for violations of this chapter, and fees, including refund policies, which shall be standardized and not exceeded unless amended with at least thirty (30) days' notice to those who are licensed;(q) Establish, amend or repeal any rules or regulations necessary to carry out the purposes of this chapter and the duties and responsibilities of the board. Affected practitioners shall be sent relevant changes no less than once per licensure renewal;(r) Maintain a current register listing the name of every massage therapist licensed to practice in this state, his/her last known place of business and last known place of residence, and the date and number of his/her license;(s) Set up guidelines for the operation of schools of massage therapy, and it is charged with that regulation in this state. The board may prescribe reasonable rules and regulations governing schools of massage therapy for the guidance of persons licensed under this chapter in the operation of schools of massage therapy and in the practice of massage therapy. When the board has reasons to believe that any of the provisions of this chapter or the rules and regulations of the board have been violated, either upon receipt of a written complaint alleging those violations or upon the board's own initiative, the board or any of its authorized agents shall investigate same and may enter upon the premises of a school of massage therapy at any time during regular business hours of that school to conduct the investigation. The investigation may include, but not be limited to, conducting oral interviews with the complaining party, school or school owner(s) and/or students of the school, and reviewing records of the school pertinent to the complaint and related to an area subject to the authority of the board;(t) Set up guidelines for the registration of establishments where massage services are performed and maintain a current registry of their location, owner contact information, local business permit information and names of licensees who perform massage services at their establishments;(u) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, received or maintained by the board with other state or federal agencies and with a national disciplinary database recognized by the board or as required by law, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;(v) Report final disciplinary action taken against a licensee to other state or federal regulatory agencies and to a national disciplinary database recognized by the board or as required by law.(2) Each board member shall be held accountable to the Governor for the proper performance of all duties and obligations of the member's office. Board members shall be immune from civil liability pertaining to any legal functions involving the carrying out of the activities and responsibilities of this chapter. Laws, 2001, ch. 549, § 8; reenacted and amended, Laws, 2004, ch. 476, § 8; Laws, 2007, ch. 309, § 42; reenacted and amended, Laws, 2008, ch. 451, § 8, eff. 7/1/2008.Amended by Laws, 2021, ch. 409, SB 2751,§ 1, eff. 7/1/2021.Reenacted without change by Laws, 2018, ch. 339, HB 905,§ 8, eff. 7/1/2018.Reenacted without change by Laws, 2013, ch. 477, SB 2737, 8, eff. 7/1/2013.