(a) The board is authorized to deny, restrict or condition any application for licensure or revoke, suspend or otherwise discipline the license of a massage therapist or an establishment, if the applicant, licensee or holder of an establishment license upon proof:
(1) Is guilty of fraud in the practice of massage or fraud or deceit in the licensee's admission to the practice of massage;
(2) Has been convicted in a court of competent jurisdiction of an offense that constitutes a felony or a misdemeanor under the laws of this state;
(3) Is engaged in the practice of massage under a false or assumed name or is impersonating another practitioner of a like or different name;
(4) Abuses or is addicted to the habitual use of intoxicating liquors, drugs or stimulants to such an extent as to incapacitate such person's performance of professional duties;
(5) Is guilty of fraudulent, false, misleading or deceptive advertising or for prescribing medicines or drugs or practicing any licensed profession without legal authority. The licensee may not diagnose or imply or advertise, in any way, services for a condition that would require a diagnosis;
(6) Is guilty of willful negligence in the practice of massage or has been guilty of employing, allowing or permitting any unlicensed person to perform massage in such licensee's establishment;
(7) Has violated this chapter or any substantive rule promulgated under the authority of this chapter;
(8) Has been convicted of sexual misconduct, assignation or the solicitation or attempt thereof;
(9) Has violated or attempted to violate, directly or indirectly, or has assisted in or abetted the violation of, or conspired to violate, any provision of this chapter or any lawful order of the board issued pursuant to this chapter;
(10) Has practiced as a licensed massage therapist in an unlicensed massage establishment;
(11) Is mentally incompetent; or
(12) Is guilty of unethical or unprofessional conduct.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 1, part 1 of this title.
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