Bill
Number: H.B. 2454
Murphy
Floor Amendment
Reference
to: House engrossed bill
Amendment
drafted by: Jake Agron
FLOOR
AMENDMENT EXPLANATION
The Murphy Floor Amendment does the following:
- states that it is unlawful for a person to advertise
massage therapy services unless that person is licensed.
- clarifies that a massage therapy advertisement must
only display the business license number of at least one business license
if it has multiple licenses.
- specifies that a massage therapist or massage therapy
business may assert the affirmative defense of having a valid license in
any civil action where they are allegedly in violation of advertising
without a license.
Page 1, line 35, strike “massage therapist” insert “escort”
Line 36, strike “massage
therapy business” insert “escort
agency”
Page 20, between lines 3 and 4, insert:
“Sec. 11. Section 32-4255, Arizona Revised Statutes,
is amended to read:
32-4255. Unlawful practice; classification;
civil penalties; injunctive relief
A. It is unlawful for any person to practice or in
any manner to claim to practice massage therapy or to advertise massage therapy services unless
that person is licensed pursuant to this chapter. A person who
engages in an activity requiring a license pursuant to this chapter or who uses
any word, title or representation in violation of section 32‑4252 that
implies that the person is licensed to engage in the practice of massage
therapy, or who advertises massage
therapy services without being licensed pursuant to this chapter
is guilty of a class 1 misdemeanor.
B. The board may investigate any person to the
extent necessary to determine if the person is engaged in the unlawful practice
of massage therapy. If an investigation indicates that a person may be
practicing massage therapy unlawfully, the board shall inform the person of the
alleged violation. The board may refer the matter for prosecution regardless
of whether the person ceases the unlawful practice of massage therapy.
C. The board, through the appropriate county
attorney, or city attorney or the office of the attorney
general, may apply for injunctive relief in any court of competent jurisdiction
or enjoin any person from committing any act in violation of this chapter.
Injunctive proceedings are in addition to all penalties and other remedies
prescribed in this chapter.
D. A person who aids or requires another person to
directly or indirectly violate this chapter or board rules, who permits a
license to be used by another person or who acts with the intent to violate
this chapter or board rules is subject to a civil penalty of not more than one
thousand dollars for each violation and not more than five thousand dollars for
each subsequent violation. The board shall hold a hearing before it imposes
this penalty.
E. The board shall deposit, pursuant to sections 35‑146
and 35‑147, all monies it collects from civil penalties pursuant to this
section in the state general fund.”
Renumber to conform
Page 20, line 11, after “of” insert “at
least one business license held by”; strike “where”
Line 12, strike “the
services are offered”
Line 27, strike “first”
Amend title to conform