Section 5308 - Qualifications of applicant; report to attorney general; judicial review(a) An applicant who is applying for licensure as a massage and bodywork therapist under this chapter must submit evidence, verified by oath and satisfactory to the Board, that all of the following apply to the applicant: (1) Is at least 18 years of age.(2)a. For an applicant who began a massage program before July 1, 2024, has completed 500 hours of supervised in-class study as a student in a school which trains massage or bodywork therapists, or as a student in an approved program of massage or bodywork therapy and the school or program of training included a curriculum of no less than all of the following:1. One hundred hours of anatomy and physiology.2. Three hundred hours of technique and theory of massage or bodywork therapy.3. Seventy-five hours of elective courses in the field of massage therapy.4. Twenty-five hours of ethics, law, and contraindications.b. For an applicant who began a massage program on or after July 1, 2024, has completed 625 hours of supervised in-class study as a student in a school which trains massage or bodywork therapists, or as a student in an approved program of massage or bodywork therapy and the school or program of training included a curriculum of no less than all of the following:1. One hundred hours of anatomy and physiology.2. Three hundred hours of technique and theory of massage or bodywork therapy.3. Two hundred hours of elective courses in the field of massage therapy.4. Twenty-five hours of ethics, law, and contraindications.(3) Has achieved the passing score on a written, standardized, nationally-prepared and administered examination in massage or bodywork therapy; the passing score shall be as established by the testing agency. If the testing agency has not established a passing score, the Board in conjunction with the Division shall establish the passing score.(4) Has passed a state-certified examination in cardiopulmonary resuscitation (CPR) training and possesses current CPR certification. Individuals who have lower limb amputee status are exempt from the requirement to possess current CPR certification.(5) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter.(6) Has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant has previously been or currently is licensed to practice massage or bodywork therapy, or both.(7) Has not been the recipient of any administrative penalties regarding that person's practice of massage and bodywork therapy, including any of the following: c. License suspensions or revocation for a reason other than for nonpayment of license renewal fees.d. Probationary limitations.e. Entering into any "consent agreements" which contain conditions placed by a Board on that person's professional conduct and practice, including any voluntary surrender of a license. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.(8) Must not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake that applicant's practice in a manner consistent with the safety of the public.(9) Has not been convicted of a crime that is substantially related to the practice of massage and bodywork. In determining whether a crime is substantially related to the practice of massage and bodywork, the Board shall observe the limitations set forth under § 8735(x)(4) of Title 29, with the exception of a conviction for any felony sexual offense as defined under § 761 of Title 11 or unlawful sexual contact in the third degree as defined under § 767 of Title 11, which may be considered regardless of the passage of time since the date of conviction. If after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or during the time period between Board meetings, the Board President or the President's designee, determines that granting a waiver would not create an unreasonable risk to public safety, the Board, Board President, or President's designee shall waive this paragraph (a)(9). A waiver may not be granted for a conviction of a felony sexual offense. a.-e. [Repealed.]
(10) Notwithstanding the time limitation under § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense as defined under § 761 of Title 11.(11) Has submitted, at the applicant's expense, fingerprints and other necessary information in order to obtain the following: a. A report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.b. A report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544, 28 U.S.C. § 534. The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Massage and Bodywork shall be the screening point for the receipt of said federal criminal history records.c. An applicant may not be licensed to practice as a massage therapist until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of massage and bodywork may not be licensed by the Board unless a waiver is granted under paragraph (a)(9) of this section.(b) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.(d) The Board shall grant a license to an applicant, who was previously licensed as a massage therapist in this State, and who has let that applicant's license lapse due to a failure to timely renew said license, subject to the applicant meeting the requirements of subsection (a) of this section, and the continuing education requirements as provided for in the Board's rules and regulations.(e) Foreign-trained applicants must provide evidence of training and supervision essentially comparable to that cited in paragraph (a)(2) of this section.Amended by Laws 2023, ch. 384,s 2, eff. 7/1/2024.Amended by Laws 2021 , ch. 433, s 33, eff. 1/1/2023.Amended by Laws 2019 , ch. 196, Secs.s 1, s 2 eff. 11/10/2019. 70 Del. Laws, c. 582, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 289, §§ 1, 2; 78 Del. Laws, c. 363, § 7.;