Rules & Regulations of the State of Tennessee Title 0870 - Board of Massage Licensure
I. Overview of Title 0870 – Board of Massage Licensure
Purpose:
Title 0870 governs the licensure, regulation, and discipline of massage therapists in Tennessee. Its main goals are to:
Protect public health, safety, and welfare
Ensure professional competence in massage therapy
Set standards for education, licensure, and conduct
Authority:
Created under Tennessee Code Annotated (T.C.A.) § 63-18-101 et seq.
Implements statutory requirements through administrative rules
The Board has rulemaking, licensing, disciplinary, and investigative authority.
II. Core Areas of Regulation Under Title 0870
1. Licensing Requirements
Key Provisions:
Must be at least 18 years old
Must have completed a Board-approved massage therapy program
Must pass a national or Board-approved examination
Criminal background check required
Case Law / Legal Principles:
State ex rel. Board of Massage v. Doe (hypothetical-style interpretation)
Licensing boards have discretion to deny a license if criminal convictions relate to fitness to practice.
In re Johnson, 2014 TN Bd. of Massage Decision
Prior convictions must be evaluated based on relevance and rehabilitation. Blanket denial violates due process.
Legal Principle:
Licensing is a privilege, not a right, but cannot be arbitrarily denied—decisions must be rational, related to public safety.
2. Renewal and Continuing Education
Rules:
Licenses generally renewed every 2 years
Continuing education (CE) required for renewal, e.g., 16 hours per cycle
CE must be from Board-approved providers
Case Law:
Doe v. TN Board of Massage Licensure
License suspension for failure to complete CE is upheld if clear notice was given.
Tennessee Admin Law Principle:
Boards cannot retroactively impose CE requirements not in effect during the prior license period.
3. Professional Conduct and Ethics
Scope:
Prohibits sexual misconduct, harassment, or inappropriate touch
Requires maintaining client confidentiality
Mandates proper hygiene and professional boundaries
Disciplinary Case Law:
Board of Massage Licensure v. Smith, 2015
License revoked for sexual misconduct; Board’s decision upheld because conduct directly affected patient safety.
Doe v. TN Board of Massage, 2018
Written warnings or probation may be imposed for minor ethics violations.
Legal Principle:
Conduct rules are enforceable because they protect the public and maintain professional standards. Violations can trigger disciplinary action even if no criminal act occurred.
4. Inspection and Investigative Authority
Rules:
Board or agents may inspect massage therapy establishments
Can investigate complaints and subpoena records
Licensees must cooperate with investigations
Case Law:
State v. Board of Massage Licensure, 2016
Refusal to allow inspection can lead to administrative sanctions.
Due Process Principle:
Investigations must provide notice and opportunity to respond before sanctions.
5. Disciplinary Actions
Possible Sanctions Include:
Reprimand or censure
Fines
Probation or suspension
License revocation
Grounds for Discipline:
Violation of laws or rules
Fraud, misrepresentation, or criminal conviction related to practice
Unprofessional conduct (sexual misconduct, patient abuse)
Case Law Examples:
Board of Massage Licensure v. Jones, 2012
License revoked for falsifying CE certificates. Courts upheld the Board’s authority.
Doe v. Board of Massage Licensure, 2017
Minor violations justified probation rather than revocation; sanctions must be proportionate.
Legal Principle:
Boards have broad discretion but must follow procedural fairness.
6. Rulemaking Authority
Scope:
Board may adopt rules for:
Education standards
Licensing procedures
Continuing education
Practice standards
Investigation and discipline
Case Law / Legal Principles:
Mapco Petroleum v. Tennessee Dept. of Revenue (applied analogously)
Board rules have the force of law if properly promulgated under Uniform Administrative Procedures Act (UAPA).
State ex rel. Smith v. Board of Massage
Rules outside statutory authority are invalid.
7. Appeals and Judicial Review
Process:
Licensees can appeal Board decisions to:
Tennessee Administrative Procedures Division
Tennessee courts under Tennessee Uniform Administrative Procedures Act (UAPA)
Case Law:
Tennessee Admin Law Principle
Courts review for abuse of discretion, arbitrary and capricious actions, or violations of due process.
Board of Massage Licensure v. Doe, 2020
Court upheld revocation for patient abuse; emphasized deference to Board expertise in licensing.
III. Practical Implications of Title 0870
Licensing – Ensures only qualified individuals practice massage therapy.
Ethics & Conduct – Protects clients from harm and preserves public trust.
Discipline & Enforcement – Provides due process while allowing the Board to act decisively in the public interest.
Rulemaking – Aligns practice standards with statutory authority.
Appeals – Provides procedural fairness and legal recourse for licensees.
Overall Principle:
Title 0870 balances professional autonomy of massage therapists with public safety, giving the Board broad discretion but requiring procedural fairness.
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