HB 2438
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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. 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)
2. 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)
3. 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; HB 2438
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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)
4. Defines health profession regulatory board and health professional. (Sec. 2)
5. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note