CHAPTER 108

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 74

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 53, TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend subsection (a), §5307, Title 24 of the Delaware Code by striking the last sentence of said subsection (a), and substituting in lieu thereof the following:

"Massage and bodywork therapists, licensed under this Chapter, may practice massage and/or bodywork therapy on referral from a licensed medical or osteopathic physician or chiropractor by prescription as deemed appropriate by the referring physician or chiropractor. Massage technicians certified under this Chapter are prohibited from practicing on referral from a licensed medical or osteopathic physician or chiropractor."

Section 2. Amend paragraph (6), subsection (a), §5313, Title 24 of the Delaware Code by striking the period (.) at the end of paragraph (6) and substituting a semi-colon (;) in lieu thereof.

Section 3. Amend subsection (a), §5313, Title 24 of the Delaware Code by adding a new paragraph (7) which new paragraph shall read as follows:

"(7) Has engaged directly or indirectly in the division, transferring, assigning, rebating or refunding of fees received for professional services or who profits by means of a credit or other valuable consideration such as wages, an unearned commission, discount or gratuity with any person who referred a patient, or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity recognized by the Delaware law and comprised of massage therapists from making any division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs."

Approved June 30, 1997