SB 492

WES MOORE, Governor  Ch. 22
Chapter 22
  (Senate Bill 492)
AN ACT concerning
  Health Occupations – Massage Therapy – Advertising
FOR the purpose of prohibiting licensed massage therapists, registered massage
    practitioners, and third parties directed by licensed massage therapists or registered
    massage practitioners from placing, publishing, or distributing certain
    advertisements; requiring certain advertisements for massage therapy to include
    certain information; and generally relating to massage therapy advertising.
BY repealing and reenacting, without amendments,
      Article – Health Occupations
      Section 6–308(a)(11)
      Annotated Code of Maryland
      (2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
      Article – Health Occupations
      Section 6–401
      Annotated Code of Maryland
      (2021 Replacement Volume and 2025 Supplement)
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – Health Occupations
6–308.
       (a)    Subject to the hearing provisions of § 6–309 of this subtitle, the Board may
deny a license or registration to an applicant, reprimand a licensee or registration holder,
place any licensee or registration holder on probation, or suspend or revoke the license of a
licensee or the registration of a registration holder if the applicant, licensee, or registration
holder:
  (11)   Has violated any provision of this title;
6–401.
      (a)    The Board shall adopt regulations to [establish]:
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 Ch. 22  2026 LAWS OF MARYLAND
  (1)    ESTABLISH standards for advertising or soliciting by licensed massage
therapists or registered massage practitioners;
  (2)    DEFINE SPECIFIC LANGUAGE AND CONTENT PROHIBITED UNDER
THIS SECTION; AND
  (3)    ESTABLISH PROCEDURES FOR REPORTING VIOLATIONS OF THIS
SECTION BY  A LICENSED MASSAGE THERAPIST, REGISTERED MASSAGE
PRACTITIONER, OR MEMBER OF THE PUBLIC.
       (b)    For purposes of this section, the mailing of notices to patients to inform them
of times for periodic appointments is not advertising or soliciting.
      (C)    (1)    EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
AN ADVERTISEMENT FOR MASSAGE THERAPY SERVICES SHALL INCLUDE THE FULL
NAME, AS STATED ON THE LICENSE OR REGISTRATION APPLICATION SUBMITTED TO
THE BOARD, AND LICENSE NUMBER OR REGISTRATION NUMBER OF THE LICENSED
MASSAGE THERAPIST OR REGISTERED MASSAGE PRACTITIONER PROVIDING THE
MASSAGE THERAPY SERVICES ADVERTISED.
  (2) AN ADVERTISEMENT FOR MASSAGE THERAPY SERVICES PLACED,
PUBLISHED, OR DISTRIBUTED BY A BUSINESS THAT EMPLOYS OR CONTRACTS WITH
MULTIPLE LICENSED MASSAGE THERAPISTS OR REGISTERED MASSAGE
PRACTITIONERS IS NOT REQUIRED TO INCLUDE THE NAMES AND LICENSE OR
REGISTRATION NUMBERS OF EACH LICENSED MASSAGE THERAPIST OR REGISTERED
MASSAGE PRACTITIONER EMPLOYED OR CONTRACTED WITH IF AN ADVERTISEMENT
FOR MASSAGE THERAPY SERVICES LISTS THE NAME OF A LICENSED MASSAGE
THERAPIST OR A REGISTERED MASSAGE PRACTITIONER, THE NAME DISPLAYED ON
THE ADVERTISEMENT MUST BE CONSISTENT WITH THE NAME OF THE INDIVIDUAL
THAT IS ON THE LICENSE OR REGISTRATION ISSUED BY THE BOARD.
      [(c)] (D)     [A] SUBJECT TO SUBSECTION (C) OF THIS SECTION, A licensed
massage therapist or registered massage practitioner may use a trade name in connection
with the practice of massage therapy provided that:
  (1)    The use of the trade name is not deceptive or misleading;
  (2)  The advertisement in which the trade name appears includes the name
of the licensed massage therapist or registered massage practitioner or the name of the
business entity providing the massage therapy services being advertised, as long as the
advertisement includes the name of a licensed massage therapist or registered massage
practitioner;
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  WES MOORE, Governor  Ch. 22
  (3)    The name of the licensed massage therapist or registered massage
practitioner providing massage therapy services appears on the billing invoices, stationery,
and any receipt given to a patient; and
  (4)    Treatment records are maintained that clearly identify the licensed
massage therapist or registered massage practitioner who has performed the massage
therapy service for the patient.
      (E)    (1)   A LICENSED MASSAGE THERAPIST, REGISTERED MASSAGE
PRACTITIONER, OR A THIRD PARTY ACTING ON BEHALF OF A LICENSED MASSAGE
THERAPIST OR REGISTERED MASSAGE PRACTITIONER MAY NOT PLACE, PUBLISH, OR
DISTRIBUTE, OR CAUSE TO BE PLACED, PUBLISHED, OR DISTRIBUTED, AN
ADVERTISEMENT FOR MASSAGE THERAPY SERVICES:
  (I)
  THAT STATES PROSTITUTION SERVICES, ESCORT SERVICES,
OR SEXUAL SERVICES ARE AVAILABLE;
  (II)
  ON A WEBSITE KNOWN FOR ADVERTISING PROSTITUTION
SERVICES, ESCORT SERVICES, OR SEXUAL SERVICES; OR
  (III) THAT INDICATES OR IMPLIES, THROUGH LANGUAGE OR
OTHER CONTENT, THAT SEXUAL ACTIVITY IS PART OF THE MASSAGE THERAPY
SERVICE.
  (2)FOR AN ONLINE ADVERTISEMENT, EACH DAY ON WHICH AN
ADVERTISEMENT THAT VIOLATES PARAGRAPH (1) OF THIS SUBSECTION IS VISIBLE
TO THE PUBLIC CONSTITUTES A SEPARATE VIOLATION OF THIS SECTION.
  (3)
  FAILURE TO REMOVE A PHYSICAL SIGN OR BILLBOARD PLACED IN
PUBLIC VIEW THAT VIOLATES PARAGRAPH (1) OF THIS SUBSECTION CONSTITUTES A
VIOLATION OF THIS SECTION.
     (F) ALL ADVERTISEMENTS FOR LICENSED MASSAGE THERAPISTS OR
REGISTERED MASSAGE PRACTITIONERS SHALL INCLUDE THE FULL NAME AS
LICENSED AND LICENSE NUMBER OF THE LICENSED MASSAGE THERAPIST OR
REGISTERED MASSAGE PRACTITIONER PROVIDING THE ADVERTISED MASSAGE
THERAPY SERVICES.
        SECTION 2. AND BE IT FURTHER ENACTED, That if, on the effective date of this
Act, a physical sign or billboard that is in violation of § 6–401(e)(1) of the Health
Occupations Article, as enacted by Section 1 of this Act, remains visible to the public, the
licensed massage therapist, registered massage practitioner, or third party acting on behalf
of a licensed massage therapist or registered massage practitioner that placed or caused
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Ch. 22  2026 LAWS OF MARYLAND
the physical sign or billboard to be placed shall remove the physical sign or billboard or
cause the physical sign or billboard to be removed before May 1, 2027.
      SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 14, 2026.
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