Tenn. Comp. R. & Regs. 0870-01-.06 - ESTABLISHMENT LICENSURE PROCESS

Any massage therapy establishment, unless exempted by any provision of T.C.A. § 63-18-110, must be licensed by the Board. The process for obtaining a license is as follows:

(1) An applicant shall respond truthfully and completely to every question or request for information contained in the application form. The applicant shall submit the application along with all required documentation and fees to the Board Administrative Office. It is the intent of this rule that activities necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all documentation be filed as close to simultaneously as possible.

(2) An applicant/responsible person need not be licensed as a massage therapist. However, all persons who provide massage therapy on the premises must be licensed pursuant to rule 0870-01-.05. Failure to comply with this provision may result in the denial or revocation of the establishment license.

(3) Except for applicants who are corporations doing business in Tennessee, every applicant shall submit a copy of his/her birth certificate or its equivalent which indicates that the applicant is at least eighteen (18) years of age at the time of application. Applicants who are not citizens of the United States or whose birth certificates reflect that they were not born in the United States shall submit proof of their immigration status demonstrating their right to live and work in the United States.

(4) Except for applicants who are corporations doing business in Tennessee, every applicant shall submit to the Board Administrative Office, evidence of good moral character. Such evidence shall consist of two (2) recent (within the preceding 12 months) original signed and dated letters, attesting to the applicant's personal character and professional ethics.

(5) Applicants who are not licensed as massage therapists in Tennessee shall submit proof that they have completed at least two (2) hours of education in Tennessee Law relating to massage therapy. These courses must be approved by the Board.

(6) Applicants who are corporations doing business in Tennessee shall submit a copy of their corporate charter and shall submit a statement identifying the corporation's registered agent for service of process.

(7) An applicant shall disclose the circumstances surrounding any of the following concerning himself:

(a) Conviction of any criminal offense (except minor traffic offenses) of any country, state or municipality, including without limitation conviction for prostitution or any sexual misconduct offense. A conviction for prostitution or sexual misconduct offenses shall disqualify an applicant from receiving a license. A conviction for a felony under the laws of Tennessee may disqualify an applicant from receiving a license.

(b) The denial of professional licensure/certification by any other state or the discipline of licensure/ certification in any state.

(c) Loss or restriction of licensure/certification.

(d) Any civil suit judgment or civil suit settlement in which the applicant was a party defendant for any actions involving malpractice, negligence, and/or fraud.

(8) An applicant shall cause to be submitted to the Board Administrative Office directly from the vendor identified in the Board's licensure application materials, the result of a criminal background check.

(9) An applicant shall submit the establishment application fee and state regulatory fee as provided in rule 0870-01-.07.

(10) When necessary, all required documents shall be translated into English and such translation and original documents certified as to authenticity by the issuing source. Both versions must be submitted to the Board's administrator.

(11) All applications shall be sworn to and signed by the applicant and notarized.

(12) All documents submitted for licensure purposes become the property of the State of Tennessee and will not be returned.

(13) The application form and all required documents must be dated no more than one (1) year before receipt by the Board Administrative Office.

(14) An establishment license may be denied, conditioned, restricted and/or disciplined for the same causes and pursuant to the same procedures as a massage therapist's license.

(15) An establishment that wishes to change its responsible person must submit a new application and comply with rule 0870-01-.06(1), (2), (3), (5), (7), (8), (10), (11), and (13). An establishment application fee, a new initial license fee, and regulatory fee shall not be collected.

(16) An establishment wishing to change its address must apply for an establishment license for the new address, however, the only fee that shall be collected by the Board is the reinspection fee set forth in Rule 0870-01-.07.

(17) Application review and licensure decisions shall be governed by rule 0870-01-.08.

Notes

Tenn. Comp. R. & Regs. 0870-01-.06

Original rule filed November 26, 1996; effective February 9, 1997. Amendment filed November 12, 1999; effective January 26, 2000. Amendment filed July 25, 2002; effective October 8, 2002. Amendment filed June 15, 2004; effective August 29, 2004. Amendment filed December 29, 2004; effective March 14, 2005. Amendments filed March 24, 2006; effective June 7, 2006. Amendment filed June 16, 2006; effective August 30, 2006. Amendment filed February 2, 2007; effective April 18, 2007. Repeal and new rule filed April 9, 2012; effective July 8, 2012. The Government Operations Committee filed a stay of the rules on July 2, 2012; new effective date August 3, 2012. The Government Operations Committee filed a second stay of the rule on July 13, 2012; new effective date September 6, 2012. Amendments filed May 19, 2017; effective August 17, 2017. Rule was previously numbered 0870-01-.05 but was renumbered 0870-01-.06 with the addition of a new rule 0870-01-.02 filed May 19, 2017; effective 8/17/2017.

Authority: T.C.A. §§ 63-1-104, 63-18-104, 63-18-105, 63-18-108, and 63-18-111.