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3506Ratification Number: 518Act Number: 467Introducing Body: HouseSubject: Establish the hours that a masseur or masseuse may operate a business
(A467, R518, H3506)
AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 30, SO AS TO ESTABLISH THE HOURS THAT A MASSEUR OR MASSEUSE MAY OPERATE A BUSINESS; TO PROHIBIT A MASSEUR OR MASSEUSE FROM TREATING PERSONS OF THE OPPOSITE SEX, AND TO MAKE EXCEPTIONS; TO PROHIBIT ANY PERSON UNDER THE AGE OF EIGHTEEN FROM PATRONIZING A MASSAGE PARLOR; TO ESTABLISH INSTRUCTIONS FOR ANY ESTABLISHMENT EMPLOYING A MASSEUR OR MASSEUSE; TO PROVIDE EXEMPTIONS FROM THE PROVISIONS OF THIS ACT; TO PROVIDE A PENALTY FOR A VIOLATION; TO AMEND SECTION 44-79-40, RELATING TO PROHIBITED CONTRACTUAL PROVISIONS REGARDING PHYSICAL FITNESS SERVICES, SO AS TO AUTHORIZE A CENTER WHICH DEMONSTRATES FINANCIAL RESPONSIBILITY TO THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS AND HAS BEEN IN OPERATION FOR FIVE YEARS OR MORE IN THIS STATE TO OFFER CONTRACTS FOR PHYSICAL FITNESS SERVICES FOR A PERIOD NOT EXCEEDING THIRTY-SIX MONTHS IF
APPROVED IN WRITING BY THE ADMINISTRATOR; AND TO REPEAL CHAPTER 29 OF TITLE 40 RELATING TO THE LICENSING OF MASSEURS AND MASSEUSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 29 of Title 40 of the 1976 Code is repealed.
Contracts for physical fitness services
SECTION 2. Item (1) of Section 44-79-40 of the 1976 Code, as added by Act 165 of 1985, is amended to read:
"(1) have a duration of longer than twenty-four months or be measured by the life of the buyer, the life of the center, or any similar indefinite term; provided, however, if a center demonstrates financial responsibility to the administrator of the Department of Consumer Affairs and has been in operation for five or more years in this State, it may offer contracts for physical fitness services for a period of up to thirty-six months if approved in writing by the administrator;".
Masseurs and masseuses
SECTION 3. Title 40 of the 1976 Code is amended by adding:
Masseurs and Masseuses
Section 40-30-10. The General Assembly finds that the provisions of this chapter are necessary to protect the general health, safety, welfare, and morals of the citizens of this State.
Section 40-30-20. For purposes of this chapter:
(A) 'Masseur' means a male person and 'masseuse' means a female person who apply manual or mechanical massages or similar treatment to the human trunk or limbs.
(B) 'Division' means the South Carolina Law Enforcement Division.
Section 40-30-30. A masseur or masseuse or any person or party engaging in any business, trade, profession, occupation, or calling may do business only between the hours of 10:00 a.m. and 10:00 p.m., Monday through Saturday. Any operator of a massage parlor or establishment, or business above enumerated and not specifically exempted under the provisions of this chapter, may only operate between the hours provided in this chapter.
Section 40-30-40. It is unlawful for any masseur or masseuse to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, or chiropractor, which order must be dated and shall specifically state the number of treatments, not to exceed ten. The date and hour of each treatment given and the name of the operator must be entered on the order by the establishment where the treatments are given and is subject to inspection by the division at any reasonable time. The requirements of this section do not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, chiropractor, or in a regularly established and licensed hospital or sanitarium.
Section 40-30-50. (A) It is unlawful for any person under the age of eighteen to patronize any massage parlor or similar establishment unless the person carries with him at the time of the patronage, a written order directing the treatment to be given signed by a regularly licensed physician.
(B) It is the duty of the operator of the massage parlor or similar establishment to determine and have verification of the age of the person patronizing the establishment.
Section 40-30-60. Any establishment employing a masseur or masseuse is subject to the following restrictions:
(A) Prices charged for all services rendered must be posted inside the entrance; and
(B) All persons administering massages shall obtain a health certificate from the county health department prior to working as a massager and shall obtain a renewal every six months thereafter.
Section 40-30-70. The division is authorized to promulgate such regulations as it may consider necessary to carry out the purposes of this chapter and design and distribute such forms as may be required.
Section 40-30-80. The provisions of this chapter do not apply to a regularly established and licensed hospital, sanitarium, nursing home, or medical clinic, nor to the office or clinic operated by a duly qualified and licensed medical practitioner, osteopath, or chiropractor in connection with his practice of medicine, chiropractic, or osteopathy, or employees thereof, nor to YMCA's or YWCA's. However, the office or clinic must be regularly used by the medical practitioner, chiropractor, or osteopath as his principal location for his practice of medicine, chiropractic, or osteopathy.
Section 40-30-90. Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or imprisoned not more than one year, or both."
SECTION 4. This act shall take effect upon approval by the Governor.