Massage Therapy License Defense
Representation Before the State Board of Massage Therapy
The State Board of Massage Therapy licenses massage therapists in the Commonwealth and enforces detailed standards of professional conduct, including rules on draping, client consent, the treatment of minors and the keeping of client records.
Because massage therapy involves close physical contact, allegations of boundary violations and sexual misconduct are among the most serious matters the Board considers, and under the Board's regulations a massage therapist whose conduct is a sexual violation or sexual abuse is subject to immediate temporary suspension. Other matters arise from criminal charges, practice beyond the scope of the license and continuing education audits.
Mimm Law, LLC represents massage therapists at every stage of a Board matter, including temporary suspension proceedings, which move quickly and require immediate attention.
Governing Law
- Board
- State Board of Massage Therapy
- Statute
- Massage Therapy Law, 63 P.S. § 627.1 et seq.
- Regulations
- 49 Pa. Code Chapter 20
- Licensees
- Massage therapists
- Renewal
- Biennial; licenses expire January 31 of odd-numbered years
Who the Board Regulates
- Licensed massage therapist
- Temporary practice permit
Grounds for Discipline
Section 9 of the Massage Therapy Law authorizes the Board to discipline a licensee for, among other things:
- Conviction of a crime of moral turpitude, or of an offense that would be a felony in Pennsylvania
- Immoral or unprofessional conduct, or violation of the Board's standards of professional conduct
- False credentials, documents or statements in an application, or a false or deceptive renewal
- Discipline, or refusal of a license, in another jurisdiction
- Violation of the Board's regulations or a prior disciplinary order
- Incompetence, negligence or misconduct in practice
- Practicing beyond the scope of massage therapy
- Knowingly aiding or employing a person in the unlawful practice of massage therapy
- Inability to practice with reasonable skill and safety because of illness, alcohol, drugs or a mental or physical condition
Sanctions the Board May Impose
The Board may deny a license, issue a public reprimand, revoke, suspend, limit or restrict a license, require care, counseling or treatment, stay a suspension in favor of probation, or restore a suspended license with corrective measures. The Law authorizes civil penalties of up to $10,000. Where a licensee presents an immediate and clear danger to the public, the Board may suspend the license temporarily, with a preliminary hearing within 30 days. A revoked licensee may reapply only after at least five years and must then meet all licensing requirements.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Draping and Consent
The Board's regulations require appropriate draping, written consent before certain treatment and, for a minor, the written permission of a parent or guardian (or their representative) and that person’s physical presence in the room during treatment. Client consent is not a defense to an allegation of sexual misconduct.
Records
Client records must be maintained for at least three years. Treatment notes and intake forms are often the most important evidence in a complaint about a session.
Reporting Criminal Charges
The Board's regulations require a licensee to report the filing of criminal charges within 30 days, and discipline elsewhere must be reported as well. Continuing education of 24 hours each biennial period is also required. At least 4 of the 24 hours must be in professional ethics, and at least 16 must be contact hours. Current CPR certification is also required, and a first-offense shortfall of up to 10 hours is handled by citation at $100 per missing hour. Discipline in another jurisdiction must be reported on the renewal form or within 90 days of final disposition, whichever is sooner, under section 6(d) of the Massage Therapy Law and the Board's regulations, and the 30-day rule in 63 Pa.C.S. § 3104 also applies.
Matters We Handle
- Client complaints alleging misconduct
- Draping, boundary and professional-conduct issues
- Practice in unlicensed or improperly operated settings
- Continuing education audits
- Criminal charges and convictions affecting licensure
- Applications and reinstatement following suspension or lapse
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
A client has accused me of inappropriate touching. What happens next?
An allegation of this kind may lead to a temporary suspension before any hearing, as well as a criminal investigation. The licensee should not contact the client and should obtain counsel immediately. The licensing matter and any criminal matter should be coordinated, because statements made in one proceeding may be used in the other.
Do I have to report an arrest to the Board?
Yes. The Board's regulations require a licensee to report the filing of criminal charges within 30 days, and a failure to report is itself a violation.
Can I practice while a temporary suspension is pending?
No. A temporary suspension is effective when ordered. The licensee is entitled to a preliminary hearing within 30 days, at which the Commonwealth must show a prima facie case, and the temporary suspension may not last longer than 180 days.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.