§3555. Powers and duties of the board

            A. The board shall:

            (1) Regulate the practice of massage and bodywork in Louisiana by licensing massage therapists who meet the state's minimum standards of education. Among its functions, the board promulgates rules and regulations, issues and renews professional and establishment licenses, collects and assesses fees pursuant to R.S. 37:3562, inspects, investigates, and disciplines licensees, including both individuals and establishments, who violate the law, and imposes fines and penalties.

            (2) Perform inspections and investigate persons who may be engaging in practices which violate provisions of this Chapter and impose fines and penalties.

            (3) Maintain a complete record going back for a period of at least five years of all licensed massage therapists and annually prepare a roster of the names and addresses of all such licensees. A copy of this roster shall be made available to any person requesting it, upon payment of a fee set by the board in an amount sufficient to cover the costs of its publication and distribution.

            (4) Adopt and revise rules and regulations pursuant to the Administrative Procedure Act for the purpose of administering the provisions of this Chapter. The board shall initiate promulgation of such rules and regulations within one hundred twenty days following any new changes to provisions of this Chapter.

            (5) Issue declaratory rulings interpreting the scope of practice of massage therapy, as that term is further defined in R.S. 37:3552(10).

            (6) Prioritize inspections and incorporate risk factors for complaints made to the board regarding any unlicensed activity by massage therapists or massage establishments.

            (7) Utilize all legally available news outlets as resources to identify unauthorized activity of a massage therapist or establishment.

            (8) Evaluate the performance of inspection contractors who inspect massage establishments.

            (9) Include in the inspection protocol a list of observations for inspectors to determine whether there is a strong possibility that an establishment is operating as a sexually oriented business and forward to law enforcement, if appropriate.

            (10) Develop a process to identify any unlicensed activity of a person who is not licensed by the board.

            (11) Develop a process to review all complaints made to the board.

            (12) Develop a process to monitor massage establishments who have been notified of violations in accordance with R.S. 37:3563.

            (13) Develop guidance to follow a consistent and objective approach to properly protect the public from massage therapists who are disciplined in accordance with R.S. 37:3563.

            (14)(a) Be entitled to the criminal history record and identification files of the bureau of any person who is licensed or is applying to be licensed with the board in order to determine an applicant's suitability for licensure. Fingerprints and other identifying information of the applicant shall be submitted to the bureau for qualification and registry, and the bureau shall, upon request of the board and after receipt of the fingerprint card and other identifying information from the applicant, make available to the board all arrest and conviction information contained in the bureau's criminal history record and identification files that pertain to the applicant for licensure. In addition, the fingerprints shall be forwarded by the bureau to the FBI for a national criminal history record check.

            (b) The costs of providing the information required pursuant to this Section shall be charged by the Louisiana Bureau of Criminal Identification and Information, as specified in R.S. 15:587(B), to the board for furnishing the information contained in the Louisiana Bureau of Criminal Identification and Information's criminal history record and identification files, including any additional costs of providing the national criminal history records checks, which pertain to the applicant for licensure.

            B. The board may:

            (1) Accept or deny entrance of any applicant applying for licensure.

            (2) Establish continuing education requirements for license renewal.

            Acts 1992, No. 753, §2, eff. Sept. 1, 1992; Acts 2012, No. 605, §1, eff. Jan. 1, 2013; Acts 2021, No. 324, §2, eff. June 14, 2021; Acts 2024, No. 779, §1, eff. June 21, 2024.