Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2438
massage therapists; fingerprinting; website information
Purpose
Requires, beginning January 1, 2023, a massage therapist license applicant to possess a
valid fingerprint clearance card for initial licensure, license renewal, a temporary license or license
reinstatement.
Background
The Board of Massage Therapy (Board) is established to regulate the practice of massage
therapy and must: 1) evaluate the qualifications of licensure applicants; 2) designate at least one
national examination that it requires applicants to pass; 3) establish requirements for the education
of licensees and applicants; 4) adopt ethical and professional conduct rules; 5) issue licenses to
persons that meet the licensure requirements; 6) maintain a current list of all licensees; and
7) provide access to a list of official actions taken by the Board and a list of licensees with outlined
information. The Board may 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 (A.R.S. §§ 32-4203 and 32-4259).
An applicant for a massage therapist license must: 1) be at least 18 years of age, a U.S.
citizen or legal resident and of good moral character; 2) receive either a high school diploma or a
similar document or certificate; 3) pay the established fees; 4) within five years preceding the
application date, not have been convicted of a class 1, 2 or 3 felony, a misdemeanor involving
prostitution or solicitation or other similar offense involving moral turpitude or a class 4, 5 or 6
felony offense involving moral turpitude that has a reasonable relationship to the massage therapy
practice; 5) within the past five years, not have voluntarily surrendered a license or had a license
revoked; 6) not be currently under investigation, suspension or restriction by a political subdivision
of Arizona or a regulatory agency in another U.S. jurisdiction; and 7) submit a full set of
fingerprints to the Board of Fingerprinting for the purpose of obtaining a state and federal criminal
records check (A.R.S. § 32-4222).
The Fingerprinting Division is established in the Department of Public Safety and must
conduct fingerprint background checks for persons and applicants who are seeking licenses that
require fingerprint background checks. In order to receive a fingerprint clearance card, a person
must: 1) complete an application; 2) submit a full set of fingerprints to the Fingerprinting Division;
3) pay associated fees; 4) be at least 18 years old; and 5) not have committed outlined crimes,
including various crimes involving children, manslaughter, assault, fraud, murder and various drug
related crimes (A.R.S. §§ 41-1758.01; 41-1758.02; 41-1758.03; and 41-1758.07).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation. FACT SHEET
H.B. 2438
Page 2
Provisions
Massage Therapist Licensure Requirements
1. Requires a massage therapist license applicant, beginning January 1, 2023, to possess a valid
fingerprint clearance card for initial licensure, license renewal, a temporary license or license
reinstatement.
2. Removes the requirement that a massage therapist license applicant must not have been
convicted, within five years preceding the date of the application for initial licensure, of:
a) a class 1, 2 or 3 felony; or
b) a class 4, 5 or 6 felony offense involving moral turpitude that has a reasonable relationship
to the practice of massage therapy.
3. Allows the Board to require a criminal background check, including the fingerprinting of every
initial licensure applicant, to assist the Board in determining whether grounds exist to deny a
license rather than any licensure application.
4. Limits the requirement to submit a full set of fingerprints to the Board for the purposes of a
criminal background check to an initial massage therapist licensure applicant, rather than any
licensure application.
Board
5. Requires the following to be searchable on the Board's website:
a) a list of official actions taken by the Board against each licensee, including advisory letters,
non-disciplinary orders, consent agreements, letters of reprimand, decrees of censure,
periods and terms of probation and any other disciplinary or non-disciplinary action taken
by the Board; and
b) each place of practice or business that employs a licensee as a massage therapist.
6. Exempts the Board from statutory rulemaking requirements for one year for purposes of
adopting and administering fingerprint requirements for massage therapists.
Miscellaneous
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
JUD 2/2/22 DP 9-0-0-1
3
rd
Read 2/21/22 43-15-2
Prepared by Senate Research
March 21, 2022
MM/MC/sr