The Board shall adopt regulations to: Establish standards for advertising or soliciting by licensed massage therapists or registered massage practitioners; Define specific language and content prohibited under this section; and Establish procedures for reporting violations of this section by a licensed massage therapist, registered massage practitioner, or member of the public. For purposes of this section, the mailing of notices to patients to inform them of times for periodic appointments is not advertising or soliciting. 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. 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: The use of the trade name is not deceptive or misleading; 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; 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 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. 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: That states prostitution services, escort services, or sexual services are available; On a website known for advertising prostitution services, escort services, or sexual services; or That indicates or implies, through language or other content, that sexual activity is part of the massage therapy service. 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. 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.

A health care provider who is licensed or certified under this article may not refer patients to an individual who is not a licensed massage therapist.

In this section, “massage therapist and practitioner rehabilitation committee” means a committee that: Is a committee of the Board or a committee of an association that represents at least 250 licensed massage therapists in the State that: Is recognized by the Board; and Includes massage therapists and massage practitioners; and Performs any of the functions listed in subsection (c) of this section. A rehabilitation committee of the Board or recognized by the Board may function: Solely for the Board; or Jointly with a rehabilitation committee representing another board or boards. A massage therapist and practitioner rehabilitation committee shall evaluate and provide assistance to any licensed massage therapist, registered massage practitioner, or other individual regulated by the Board in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. In this subsection, “civil action” does not include a proceeding before the Board or the judicial review of a proceeding before the Board. Except as otherwise provided in this subsection, the proceedings, records, and files of the massage therapist and practitioner rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the massage therapist and practitioner rehabilitation committee. Paragraph (2) of this subsection does not apply to any record or document that is considered by the massage therapist and practitioner rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in any arbitration or civil proceeding. A person who acts in good faith and within the scope of the jurisdiction of a massage therapist and practitioner rehabilitation committee is not civilly liable for any action as a member of the massage therapist and practitioner rehabilitation committee or for giving information to, participating in, or contributing to the function of the massage therapist and practitioner rehabilitation committee.

After consultation with the Board, the county executive or any governing body of a county may adopt ordinances or regulations relating to massage establishments and verification, inspection, and display of licenses issued under this subtitle. Local health officers and local law enforcement have the authority to carry out the provisions of the ordinances or regulations adopted under subsection (a) of this section.