HB2438 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-4203, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4203. Board; powers and duties

A. The board shall:

1. Evaluate the qualifications of applicants for licensure.

2. Designate at least one national examination that it requires applicants to pass. The examination must be available to a graduating massage therapy or bodywork therapy student within ninety days before the student's expected graduation date. The board shall require that an examination be processed and the results returned to the board within thirty days after the examination is administered. If, within six months of the effective date of this amendment of this section by october 20, 2005, the testing agency administering the examination fails or is unable to comply with the requirements of this paragraph, the board shall designate another examination for applicants to pass.

3. Issue licenses to persons who meet the requirements of this chapter.

4. Regulate the practice of massage therapy by interpreting and enforcing this chapter.

5. Establish education requirements for the education of licensees and applicants, including the identification of board recognized identifying board-recognized schools, and continuing education programs and assessing the continuing competence of licensees.

6. Adopt rules for ethical and professional conduct to govern the practice of massage therapy in this state.

7. Adopt rules to enforce this chapter.

8. Meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and keep an official record of these meetings.

9. At its first regular meeting after the start of each calendar year, elect officers from among its members as necessary to accomplish board business.

10. Provide for the timely orientation and training of new professional and public appointees to the board regarding board licensing and disciplinary procedures, this chapter, board rules and board procedures.

11. Maintain a current list of all licensees. This list shall include that includes the licensee's name, current business address and telephone number and license number and shall be that is regularly accessible in electronic format to public officials and agencies to verify the license status of licensees in this state.

12. Enter into contracts for services necessary to enforce this chapter.

13. Publish, at least annually, or make available for copying or reproduction in any format, final disciplinary actions taken against a licensee.

B. The board may:

1. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of a fiscal year.

2. Administer oaths and affirmations, subpoena witnesses, take evidence and require the production of documents, records or information, either kept in original form or electronically stored or recorded, or other items relevant to a matter within the jurisdiction of the board.

3. For initial licensure, require a criminal background check, including the fingerprinting of every applicant for licensure, to assist the board in determining whether grounds exist to deny a license.END_STATUTE

Sec. 2. Section 32-4222, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4222. Qualifications for licensure; fingerprint clearance card

A. An applicant for a license as a massage therapist shall:

1. Be at least eighteen years of age.

2. Be a citizen or legal resident of the United States.

3. Satisfy the requirements of section 32-4224.

4. Be of good moral character.

5. Receive either a high school diploma or general equivalency diploma or a similar document or certificate or submit proof that the applicant has passed an ability to benefit examination recognized by the United States department of education.

6. Pay the fees established pursuant to section 32-4227.

7. Within five years preceding the date of the application for initial licensure, not have been convicted of:

(a) A class 1, 2 or 3 felony.

(b) A class 4, 5 or 6 felony offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

(c) a misdemeanor involving prostitution or solicitation or other another similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

8. Within the past five years, not have voluntarily surrendered a license under section 32-4254 or not have had a license to practice massage therapy or another similar license revoked by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter.

9. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter. If the applicant is under investigation by a regulatory agency in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.

10. For initial licensure, submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board may charge the cost of each criminal background check to the applicant.

11. Beginning January 1, 2023, possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 for initial licensure, license renewal, a temporary license or license reinstatement pursuant to this chapter.

B. In addition to the requirements of subsection A of this section, an applicant for licensure as a massage therapist shall either:

1. Have successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a board recognized school in this state that is accredited by an agency recognized by the secretary of the United States department of education.

2. Have done both of the following:

(a) Successfully completed a course of study in massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a school in this state that is licensed by the state board for private postsecondary education or at a school outside of this state that is recognized by the board pursuant to section 32-4228.

(b) Successfully passed an examination administered by a national board accredited by the certifying agency that has been approved by the national commission on competency assurance and that is in good standing with that agency or have successfully passed an examination that is administered or approved by the board.

C. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country. The board by rule may increase the minimum number of classroom hours of supervised instruction at a board recognized school that an applicant for licensure must successfully have completed.

D. If the board is satisfied that an applicant meets the requirements of this section, the board shall issue a license to the applicant.

E. The board, by rule, shall establish communication proficiency requirements related to an applicant's ability to protect health and safety in connection with the practice of massage therapy.

F. Subject to the board's approval, the executive director may issue licenses to applicants who meet the requirements of this chapter.

G. The board may deny an application for a license if the applicant committed an act that would subject a person licensed under this chapter to disciplinary action. END_STATUTE

Sec. 3. Section 32-4259, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4259. Access to information; public website; confidential information; display of license

A. Any person has access to the following information, which shall be searchable on the board's public website:

1. A list of licensees that includes the licensee's place of practice, license number, date of license expiration and status of license.

2. Notwithstanding any other law, a list of official actions taken by the board against each licensee, including advisory letters, nondisciplinary orders, consent agreements, letters of reprimand, decrees of censure, periods and terms of probation and any other disciplinary or nondisciplinary action taken by the board.

3. Each place of practice or business that employs a licensee as a massage therapist.

B. Unless they are the only address and telephone number available, the home address and home telephone number of a massage therapist are not public records and the board shall keep this information confidential.

C. Except in the course of a board investigation, information pertaining to the relationship between the massage therapist and a person treated by the massage therapist is confidential and may not be communicated to a third party who is not involved in that person's care without that person's prior written consent. If the person is a minor, the person's parent or guardian must also give written consent to these communications.

D. The massage therapist must divulge to the board information it requires in connection with any investigation, public hearing or proceeding, including information that is otherwise confidential pursuant to this section.

E. The privilege established by this section does not extend to cases in which the massage therapist has a duty to report information as required by law.

F. The board shall provide access to the application, license, investigation and discipline files maintained by the board to law enforcement agencies and other regulatory agencies of this state.

G. Each licensee shall display a copy of the licensee's license or current renewal verification in an establishment, location or setting that is accessible to public view at each location at which the licensee practices massage therapy. END_STATUTE

Sec. 4. Section 41-619.51, Arizona Revised Statutes, is amended to read:

START_STATUTE41-619.51. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, or the state board of technical registration or the board of massage therapy.

2. "Board" means the board of fingerprinting.

3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.

4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.

5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.

6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:

(a) Section 3-314.

(b) Section 8-105.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 8-804.

(h) Section 15-183.

(i) Section 15-503.

(j) Section 15-512.

(k) Section 15-534.

(l) Section 15-763.01.

(m) Section 15-782.02.

(n) Section 15-1330.

(o) Section 15-1881.

(p) Section 17-215.

(q) Section 28-3228.

(r) Section 28-3413.

(s) Section 32-122.02.

(t) Section 32-122.05.

(u) Section 32-122.06.

(v) Section 32-823.

(w) Section 32-1232.

(x) Section 32-1276.01.

(y) Section 32-1284.

(z) Section 32-1297.01.

(aa) Section 32-1904.

(bb) Section 32-1941.

(cc) Section 32-1982.

(dd) Section 32-2022.

(ee) Section 32-2063.

(ff) Section 32-2108.01.

(gg) Section 32-2123.

(hh) Section 32-2371.

(ii) Section 32-3430.

(jj) Section 32-3620.

(kk) Section 32-3668.

(ll) Section 32-3669.

(mm) Section 32-4128.

(nn) Section 32-4222.

(nn) (oo) Section 36-113.

(oo) (pp) Section 36-207.

(pp) (qq) Section 36-411.

(qq) (rr) Section 36-425.03.

(rr) (ss) Section 36-446.04.

(ss) (tt) Section 36-594.01.

(tt) (uu) Section 36-594.02.

(uu) (vv) Section 36-766.01.

(vv) (ww) Section 36-882.

(ww) (xx) Section 36-883.02.

(xx) (yy) Section 36-897.01.

(yy) (zz) Section 36-897.03.

(zz) (aaa) Section 36-3008.

(aaa) (bbb) Section 41-619.53.

(bbb) (ccc) Section 41-1964.

(ccc) (ddd) Section 41-1967.01.

(ddd) (eee) Section 41-1968.

(eee) (fff) Section 41-1969.

(fff) (ggg) Section 41-2814.

(ggg) (hhh) Section 46-141, subsection A or B.

(hhh) (iii) Section 46-321.END_STATUTE

Sec. 5. Section 41-1758, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, or the state board of technical registration or the board of massage therapy.

2. "Division" means the fingerprinting division in the department of public safety.

3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.

4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.

5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:

(a) Section 3-314.

(b) Section 8-105.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 15-183.

(h) Section 15-503.

(i) Section 15-512.

(j) Section 15-534.

(k) Section 15-763.01.

(l) Section 15-782.02.

(m) Section 15-1330.

(n) Section 15-1881.

(o) Section 17-215.

(p) Section 28-3228.

(q) Section 28-3413.

(r) Section 32-122.02.

(s) Section 32-122.05.

(t) Section 32-122.06.

(u) Section 32-823.

(v) Section 32-1232.

(w) Section 32-1276.01.

(x) Section 32-1284.

(y) Section 32-1297.01.

(z) Section 32-1904.

(aa) Section 32-1941.

(bb) Section 32-1982.

(cc) Section 32-2022.

(dd) Section 32-2063.

(ee) Section 32-2108.01.

(ff) Section 32-2123.

(gg) Section 32-2371.

(hh) Section 32-3430.

(ii) Section 32-3620.

(jj) Section 32-3668.

(kk) Section 32-3669.

(ll) Section 32-4128.

(mm) Section 32-4222.

(mm) (nn) Section 36-113.

(nn) (oo) Section 36-207.

(oo) (pp) Section 36-411.

(pp) (qq) Section 36-425.03.

(qq) (rr) Section 36-446.04.

(rr) (ss) Section 36-594.01.

(ss) (tt) Section 36-594.02.

(tt) (uu) Section 36-766.01.

(uu) (vv) Section 36-882.

(vv) (ww) Section 36-883.02.

(ww) (xx) Section 36-897.01.

(xx) (yy) Section 36-897.03.

(yy) (zz) Section 36-3008.

(zz) (aaa) Section 41-619.52.

(aaa) (bbb) Section 41-619.53.

(bbb) (ccc) Section 41-1964.

(ccc) (ddd) Section 41-1967.01.

(ddd) (eee) Section 41-1968.

(eee) (fff) Section 41-1969.

(fff) (ggg) Section 41-2814.

(ggg) (hhh) Section 46-141, subsection A or B.

(hhh) (iii) Section 46-321.

6. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE

Sec. 6. Section 41-1758.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.01. Fingerprinting division; powers and duties

A. The fingerprinting division is established in the department of public safety and shall:

1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969 and 41-2814, section 46-141, subsection A or B and section 46-321.

2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.

3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.

4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.

5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

7. Administer and enforce this article.

B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:

1. All information privacy and security measures and submission standards established by the department of public safety.

2. The information technology security policy approved by the department of public safety.

Sec. 7. Rulemaking exemption

Notwithstanding any other law, for the purposes of this act, the board of massage therapy is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act. END_STATUTE