Relating to the licensure of massage establishments, and making penalties applicable

The bill requires the board to require the owner of a massage therapy establishment to provide fingerprints to the board for the purposes of conducting a national criminal history check. However, the bill allows the department of inspections, appeals, and licensing (DIAL) to adopt rules exempting a person who has previously submitted fingerprints as part of an application for a license to practice massage therapy. The bill allows the board to deny an application if the applicant is a massage therapist who is not in good standing or holds a suspended license, or if the applicant is under criminal investigation or has a disqualifying criminal history, as described in the bill. The bill allows the board to revoke a license based on public complaint, upon receiving evidence of misconduct, including disqualifying criminal acts, or upon a finding that the application was fraudulent. The board may also take emergency action to suspend a license upon discovery of pending criminal charges against an establishment owner or officer. An establishment license is valid for a period of time as determined by DIAL by rule and may be renewed. The bill requires an establishment to maintain certain records for three years, including information regarding massage therapists who have worked at the establishment and the clients to whom they have provided massage therapy. The bill also requires a person under investigation by a peace officer for the provision of illegal services to provide a copy of the establishment license, if applicable. A person who violates this provision of the bill is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill exempts certain people from the requirement to obtain an establishment license, including massage therapists providing massage therapy at a customer’s location, operators of devices such as massage chairs, certain licensed health care professionals, student clinics operated by a school of massage therapy, and sole practitioners. The bill defines “sole practitioner” as a massage therapist who provides massage therapy at a location over which the massage therapist exercises physical control and from which only the massage therapist offers and provides massage therapy. The bill requires the board to adopt rules to implement the bill. The rules shall include application, sanitation, building safety, record retention, inspection, and license transfer requirements.