Under what circumstance may an action be maintained in the name of the State or the Board?

An action may be maintained in the name of the State or the Board for unauthorized practice of massage therapy because this directly relates to enforcing the laws and regulations governing the profession. When someone practices massage therapy without the appropriate license, it poses risks not only to the public but also undermines the integrity of the licensed practitioners. The State and the Board have a vested interest in protecting the public and ensuring that only qualified individuals provide massage therapy services. This enforcement mechanism is essential for maintaining the standards of practice within the industry.

In contrast, improper client interactions, failure to pay licensing fees, and personal injury claims, while serious issues, typically do not fall within the purview of the State or Board taking action in their name. These matters are often addressed through different avenues, such as professional conduct boards, civil lawsuits, or other regulatory mechanisms rather than direct actions brought forth by the State or Board.