ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: JUD DP 9-0-0-1

HB 2438: massage therapists; fingerprinting; website information

Sponsor: Representative Longdon, LD 24

Caucus & COW

Overview

Requires a person receiving a massage therapist license to possess a valid fingerprint clearance card and outlines the required information available on the Arizona State Board of Massage Therapy's (Board) website.

History

Background Check Requirements

To receive a license as a massage therapist, applicants must meet specified criteria. In the last five years, applicants must not have been convicted of:

1) A class 1, 2 or 3 felony;

2) A class 4, 5 or 6 felony involving a moral indiscretion that could be reasonably related to practicing massage therapy; or

3) A misdemeanor involving prostitution, solicitation or a similar offense that could be reasonably related to practicing massage therapy (A.R.S. § 32-4222).

Additionally, applicants must submit their fingerprints to the Board for a state and federal criminal records check. Applicants must not be under investigation by any federal agency, Arizona agency or another state agency for any crime that would constitute disqualification or disciplinary action from the Board (A.R.S. § 32-4222).

Fingerprint Clearance Cards

Many professions are required to have an active fingerprint clearance card as a condition of licensure, certification or employment. The Arizona Department of Public Safety's Fingerprinting Division is responsible for issuing fingerprint clearance cards. A fingerprint clearance card is valid for six years and certifies that a person has not committed specified offenses, such as sexual assault and murder (A.R.S. § 41-1758.03).

Provisions

1. Requires a criminal background check for initial licensure and outlines offenses an applicant may not have committed. (Sec. 1, 2)

2. Mandates, beginning January 1, 2023, a person applying for initial licensure, renewal or reinstatement for a massage therapist license to possess a valid fingerprint clearance card. (Sec. 2)

3. States a person applying for a license as a massage therapist may not have voluntarily surrendered a license as a health professional or had a license to practice massage therapy or similar health professional license revoked by a health profession regulatory board. (Sec. 2)

4. Requires the Board to make the following information publicly available and searchable on the Board's website:

a) A list of licensees including the licensee's place of practice, license number, license expiration date and license status;

b) 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; and

c) Each place of practice or business employing a licensed massage therapist. (Sec. 3)

5. Defines health profession regulatory board and health professional. (Sec. 2)

6. Exempts the Board from rulemaking dor one year after the effective date of this act. (Sec. 7)

7. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6)

10. ---------- DOCUMENT FOOTER ---------

11. HB 2438

12. Initials LC Page 0 Caucus & COW

13.

14. ---------- DOCUMENT FOOTER ---------