Administrative fines shall be imposed under Plc 311 based on the following schedule, to a maximum of $3,000 per violation:

1. (a) For submitting false or fraudulent information on or with the application, the fine shall be $500;
2. (b) For falsification of a license to practice massage therapy, the fine shall be $3,000;
3. (c) For willfully practicing massage therapy without a license, the fine shall be $3,000;
4. (d) For advertising as a licensed massage therapist without having a license, the fine shall be $500 for each publication of the advertisement;
5. (e) For willfully failing or refusing to cooperate during an investigation, the fine shall be $750 for each failure or refusal;
6. (f) For committing an “offense” as defined in Plc 902.15, the fine shall be $1,500 for the first offense; and

7. (g) For committing an “offense” as defined in Plc 902.15, the fine shall be $3,000 for each offense after the first offense.

   Source. #14387, eff 10-17-25, EXPIRES: 10-17-35

   Appendix A: State Statutes Implemented

   Proposed Rule

   State Statute(s) Implemented

   Plc 901

   RSA 328-B:1

   Plc 902

   RSA 328-B:2

   Plc 903

   RSA 328-B:4, VI; RSA 328-B:5; RSA 541-A:16, I(a)

   Plc 904.01

   RSA 328-B:4, VII(b), (c); RSA 328-B:6, I

   Plc 904.02 - Plc 904.05

   RSA 328-B:4, VII(c)

   Plc 904.06 and Plc 904.07

   RSA 310:4, II(c); RSA 328-B:4, VII(b)

   Plc 904.08 - Plc 904.10

   RSA 310:4, II(c)

   Plc 905

   RSA 328-B:6, III

   Plc 906

   RSA 328-B:4, VII(h); RSA 328-B:5-a

   Plc 907

   RSA 310:4, II(c); RSA 328-B:4, VII(j)

   Plc 908.01

   RSA 310:4, II(c)

   Plc 908.02

   RSA 328-B:3; RSA 328-B:4, VII(c), (e)

   Plc 908.03

   RSA 310:4, II(c); RSA 310:8; RSA 328-B:4, VII(e)

   Plc 908.04 - Plc 908.08

   RSA 310:4, II(c); RSA 328-B:4, VII(e)

   Plc 909.01 - Plc 909.03

   RSA 310:10; RSA 310:12; RSA 328-B:4, VII(i); RSA 328-B:8

   Plc 909.04

   RSA 310:12; RSA 328-B:4, VII(k); RSA 328-B:11-a

   Appendix B: Statutory Provisions

   328-B:2 Definitions. – In this chapter:

   I. “Applicant” means a person who has submitted to the executive director an application for a license pursuant to this chapter.

   II. “Advisory board” means the advisory board of massage therapists.

   III. “Compensation” means the receipt of:

8. (a) Money, goods, services, or other things of value; or

9. (b) A promise to deliver money, goods, services, or other things of value.

   IV. “Executive director” means the executive director of the office of professional licensure and certification.

   V. “Licensee” means a person to whom a license has been issued pursuant to this chapter.

   VI. “Massage” means the application of a system of structured touch which includes holding, pressure, positioning, or causing movement, by manual means, for the purpose of promoting, maintaining, and restoring the health and well-being of the client. Massage is designed to promote general relaxation, improve movement, relieve somatic and muscular pain or dysfunction, stress and muscle tension, and provide for general health enhancement, personal growth, and the organization, balance, and integration of the body.

   VII. [Repealed.]

   VIII. “Massage therapist” means a licensed individual who performs massage for compensation. Titles used may include: massage therapist, massage practitioner, bodywork practitioner, bodyworker, muscle therapist, massotherapist, or somatic therapist practitioner. A massage therapist uses visual, kinesthetic, and palpatory skills to assess the body, and may evaluate the client’s condition to the extent of determining whether massage is indicated or contraindicated.

   Source. 1990, 12:1. 1995, 310:159, 183. 1996, 47:2-4, 12, I. 2009, 64:2. 2015, 276:102, eff. July 1, 2015. 2017, 144:12, eff. Aug. 15, 2017.

   328-B:10 Exemptions; Application of Chapter. –

   I. Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law, or any person employed by such a licensee as an assistant, from performing the occupation for which he or she is licensed.

   II. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses touch, words, and directed movement to deepen awareness of existing patterns of movement as well as to suggest new possibilities of movement, while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, the Alexander technique, and body-mind centering.

   III. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses energy or superficial touch to affect the energy systems of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to, polarity therapy, therapeutic touch, Bowen therapy, and reiki.

Source. 1990, 12:1. 1995, 310:183. 2009, 64:12. 2016, 137:1, eff. May 27, 2016.