SLS 25RS-177 ORIGINAL 2025 Regular Session SENATE BILL NO. 221 BY SENATOR MIZELL Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. FEES/LICENSES/PERMITS. Provides relative to massage therapy. (8/1/25) 1 AN ACT 2 To amend and reenact R.S. 37:3555(A)(11) and (14)(a) and 3561(A)(2)(b) and to enact R.S. 3 37:3569, relative to massage therapy; to provide relative to powers and duties of the 4 board; to provide relative to licensure and renewals; to provide for criminal 5 background checks; to provide for inspections and complaints; to provide for 6 accountability and reporting to the legislature; to provide for terms, conditions, 7 procedures, and enforcement; and to provide for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 37:3555(A)(11) and (14)(a) and 3561(A)(2)(b) are hereby amended 10 and reenacted and R.S. 37:3569 is hereby enacted to read as follows: 11 §3555. Powers and duties of the board 12 A. The board shall: 13 * * * 14 (11) Develop a process to review all complaints made to the board, except 15 any complaint alleging illicit activity at a massage therapist establishment shall 16 result in an unannounced, in-person inspection by the board within ten days of 17 the board receiving the complaint. Page 1 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 221 SLS 25RS-177 ORIGINAL 1 * * * 2 (14)(a) Be entitled to the criminal history record and identification files of the 3 bureau of any person who is licensed or applying for a massage therapist 4 establishment license with the board or any person who is licensed or is applying 5 to be licensed with the board in order to determine an applicant's suitability for 6 licensure. Fingerprints and other identifying information of the applicant shall be 7 submitted to the bureau for qualification and registry, and the bureau shall, upon 8 request of the board and after receipt of the fingerprint card and other identifying 9 information from the applicant, make available to the board all arrest and conviction 10 information contained in the bureau's criminal history record and identification files 11 that pertain to the applicant for licensure. In addition, the fingerprints shall be 12 forwarded by the bureau to the FBI for a national criminal history record check. 13 * * * 14 §3561. License renewal requirements 15 A. * * * 16 (2)(a) * * * 17 (b) The board may shall require any renewing applicant licensed prior to 18 April 1, 2022, to submit to a state and federal background check as described in R.S. 19 37:3555(A)(14). In order to renew, an applicant shall not have pled guilty to or been 20 convicted of any sex-related crime, crime of violence, or crime related to the practice 21 of massage therapy. 22 * * * 23 §3569. Annual reporting requirements 24 A. The board shall submit an annual report to the legislature no later 25 than March first of each year which shall include the following information: 26 (1) The total number of complaints received during the preceding 27 calendar year. 28 (2) A summary of each complaint received, including the nature of the 29 alleged violation. Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 221 SLS 25RS-177 ORIGINAL 1 (3) A summary of each complaint involving repeated offenders. 2 (4) The total number of inspections conducted during the preceding 3 calendar year and the results of each inspection, including the total number of 4 unlicensed massage therapist establishments and unlicensed massage therapists 5 discovered during each inspection. 6 (5) The total number of active massage therapist licensees and massage 7 therapist establishment licenses, the number of new massage therapist and 8 massage therapist establishment licenses issued during the preceding year, the 9 total number of massage therapist and massage therapist establishment licenses 10 renewed during the preceding year, and the total number of massage therapist 11 and massage therapist establishment licenses suspended or revoked during the 12 previous year. 13 B. For each complaint investigated and resolved, the report shall include 14 at minimum: 15 (1) A description of the outcome or resolution of each complaint. 16 (2) Whether the complaint resulted in any of the following actions: 17 (a) Issuance of a warning or cease and desist order. 18 (b) Imposition of a fine. 19 (c) Suspension or revocation of an individual or massage therapist 20 establishment license. 21 (d) Referral to law enforcement or another regulatory body. 22 (e) Any other action. 23 (3) Name and title of the board member or investigator assigned to 24 handle the complaint, as well as the date the complaint was filed and the date 25 investigation proceedings commenced and the final resolution date, if the 26 investigation is resolved. 27 (4) Any administrative or legal proceedings arising out of the complaint. Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 221 SLS 25RS-177 ORIGINAL The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services. The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] DIGEST SB 221 Original 2025 Regular Session Mizell Present law provides for the licensure and regulation of the practice of massage therapy. Present law requires the La. Board of Massage Therapy (board) to develop a process to review all complaints made to the board. Proposed law retains present law and requires the board to conduct an unannounced, in- person inspection by the board of all complaints alleging illicit activity at a massage therapy establishment, within 10 days of receiving the complaint. Present law requires the board to receive a criminal background check for any person who is licensed or is applying to be licensed with the board. Proposed law retains present law and requires the board to receive a criminal background check for any person who is applying for a massage therapist establishment license with the board. Present law allows the board to require any renewing applicants, licensed prior to April 1, 2022, to submit to a state and federal background check. Proposed law requires all renewing applicants to submit a state and federal background check. Proposed law requires the board to submit an annual report to the legislature, no later than March 1st of each year with the following information: (1)The total number of complaints received. (2)A summary of each complaint received including the nature of the violation. (3)A summary of complaints involving repeated offenders. (4)The total number of all inspections conducted during the preceding calendar year. (5)The total number of active licenses of both individual massage therapist and massage therapist establishments and the number of new licenses, renewals, suspensions, and revocations. Proposed law provides for each complaint investigated and resolved, the report shall include: (1)A description of the outcome or resolution. (2)Results of the complaint. (3)Name and title of the board member or investigator assigned to handle the complaint, as well as the date the complaint was filed and the date the investigation commenced and was resolved. (4)Any administrative or legal action arising out of a complaint. Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 221 SLS 25RS-177 ORIGINAL Effective August 1, 2025. (Amends R.S. 37:3555(A)(11) and (14)(a) and 3561(A)(2)(b); adds R.S.37:3569) Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.