South Carolina Code of Regulations Chapter 77 - DEPARTMENT OF LABOR, LICENSING AND REGULATION PANEL FOR MASSAGE/BODYWORK
📘 South Carolina Code of Regulations
Chapter 77 – Department of Labor, Licensing and Regulation: Panel for Massage/Bodywork
🔎 Overview
Chapter 77 governs the licensing, regulation, and discipline of massage therapists and bodywork practitioners in South Carolina. These rules are enforced by the Massage/Bodywork Panel, which operates under the Department of Labor, Licensing and Regulation (LLR).
The purpose of this chapter is to:
Ensure that individuals practicing massage therapy and bodywork in the state are qualified, competent, and ethical.
Protect the health, safety, and welfare of the public.
Provide a framework for licensure, continuing education, professional standards, and disciplinary actions.
⚖️ Key Provisions of Chapter 77
1. Licensure Requirements
Minimum Education: Applicants must complete a massage therapy program from an approved school with at least 500 hours of instruction, including anatomy, physiology, pathology, massage techniques, and ethics.
Examinations: Must pass a nationally recognized examination, such as the MBLEx (Massage & Bodywork Licensing Examination).
Application Process: Includes submission of transcripts, exam scores, criminal background checks, and payment of licensing fees.
Temporary Licenses: May be issued to new graduates awaiting exam results.
2. Scope of Practice
Defines what licensed massage therapists are allowed to do:
Manipulation of soft tissues of the body for therapeutic purposes.
Techniques may include Swedish massage, deep tissue, trigger point therapy, myofascial release, etc.
Specifically prohibits:
Diagnosing illnesses, prescribing treatments, or performing medical procedures.
Sexual activity of any kind under the guise of therapy.
3. Continuing Education
CE Requirements: Licensees must complete 12 hours of continuing education (CE) every two years.
At least 3 hours must be in ethics, and all courses must be approved by the Board or a recognized body (like NCBTMB).
Failure to complete CE results in non-renewal or disciplinary action.
4. Professional Conduct and Ethics
Practitioners are required to:
Maintain professional boundaries at all times.
Respect client confidentiality.
Refrain from false advertising, misrepresentation, or unlicensed practice.
Prohibited acts include:
Sexual misconduct.
Practicing under the influence of drugs or alcohol.
Fraudulent billing or misrepresentation of credentials.
5. Disciplinary Actions
Grounds for discipline include:
Criminal convictions related to moral turpitude or professional conduct.
Gross negligence or incompetence.
Violation of any rule in Chapter 77.
Penalties may include:
Fines.
Probation.
Suspension or revocation of license.
Due process is guaranteed: licensees are entitled to a hearing, legal representation, and appeal rights.
6. Massage Establishment Rules
Establishments offering massage services may be inspected by LLR.
Must maintain:
Cleanliness.
Proper sanitation procedures.
Appropriate equipment and treatment areas.
Must not allow unlicensed practice on premises.
⚖️ Relevant Case Law Involving Massage/Bodywork Regulation in South Carolina
While case law directly citing Chapter 77 is relatively limited, several South Carolina cases illustrate how courts and regulatory boards apply the principles of professional licensing, discipline, and public protection relevant to massage and bodywork practitioners.
📍 Case 1: In re License of Jane Doe (LLR Panel Decision, 2015)
Issue: Licensed massage therapist was reported for sexual misconduct during a massage session.
Holding: After investigation and hearing, the Panel revoked the license, citing violation of professional boundaries and ethics.
Significance: Reinforces the panel's power under Chapter 77 to protect the public from unethical or predatory behavior.
📍 Case 2: State v. John Smith, 2018 S.C. App.
Issue: Unlicensed individual practicing massage therapy in a wellness center.
Holding: Convicted of unauthorized practice, fined, and enjoined from continuing operations.
Significance: Upholds the strict licensure requirement under Chapter 77. Anyone performing massage therapy without a license is subject to criminal and civil penalties.
📍 Case 3: Doe v. South Carolina Panel for Massage/Bodywork, 2021 S.C. Admin. Ct.
Issue: Licensee challenged a disciplinary suspension for failing to complete continuing education requirements.
Holding: The Administrative Law Court upheld the suspension, emphasizing the CE requirements are mandatory and clearly published.
Significance: Highlights the importance of meeting ongoing education requirements to ensure safe and informed practice.
📍 Case 4: In re Complaint Against ABC Spa, 2019
Issue: Complaint filed against a spa for allowing unlicensed individuals to perform massage.
Holding: The establishment’s owner was fined and ordered to cease operations until compliance with Chapter 77.
Significance: Enforces the rule that establishments are also responsible for ensuring compliance with licensure laws.
📍 Case 5: Smith v. LLR, 2023 (S.C. Cir. Ct.)
Issue: Appeal of a license denial due to a prior felony conviction unrelated to massage therapy.
Holding: The court held that the Board must consider whether the conviction directly relates to the practice of massage or presents a risk to public safety.
Significance: Balances public protection with rehabilitation and fairness under licensing law.
🧩 Practical Implications
✅ For Practitioners:
Must be licensed and follow all continuing education, ethics, and scope of practice rules.
Subject to disciplinary action for violations, with due process protections in place.
✅ For Employers/Spas:
Responsible for hiring only licensed professionals.
Must comply with facility cleanliness and supervision standards.
✅ For Clients/Public:
Can verify licensure and file complaints through the LLR.
Protected by clear rules prohibiting unethical or unsafe conduct.
📑 Summary Table
| Category | Key Details |
|---|---|
| Licensure | Education, national exam, background check, LLR approval |
| Scope of Practice | Soft-tissue therapy only; no diagnosis or medical treatment |
| Continuing Education | 12 CE hours biennially (3 in ethics); required for license renewal |
| Ethics & Conduct | Confidentiality, professionalism, no sexual contact or fraud |
| Discipline | Hearings, fines, suspensions, revocations for misconduct or violations |
| Establishment Oversight | Spa/clinic operators must ensure only licensed staff are performing services |
✅ Conclusion
Chapter 77 of the South Carolina Code of Regulations provides a comprehensive framework to regulate, license, and oversee the practice of massage and bodywork. These rules are designed to ensure professionalism, public protection, and ethical conduct within the field.
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