FAUSTO BURRUEL

ASSISTANT RESEARCH ANALYST

JASON THEODOROU

LEGISLATIVE RESEARCH ANALYST

COMMERCE COMMITTEE

Telephone: (602) 926-3171

ARIZONA STATE SENATE

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

COMMERCE COMMITTEE

DATE:            March 27, 2023

SUBJECT:      Strike everything amendment to H.B. 2012, relating to massage therapy; communication proficiency; repeal

Purpose

            Eliminates the requirement for the Board of Massage Therapy (Board) to establish communication proficiency requirements for massage therapist license applicants.

Background

The five-member Board regulates the practice of massage therapy by: 1) examining and licensing individuals to practice massage therapy; 2) establishing education requirements for licensees and applicants; 3) adopting rules for the ethical and professional conduct of the practice of massage therapy; and 4) enforcing laws related to the practice of massage therapy (A.R.S.
§§ 32-4202 and 32-4203).

            The Board must establish communication proficiency requirements related to an applicant's ability to protect health and safety in connection with the practice of massage therapy. If English is not an applicant's native language, the applicant must take and pass, within 24 months before the application date, the internet-based Test of English as a Foreign Language or the Test of English for International Communications with the minimum scores prescribed in rule and arrange to have their examination score directly submitted to the Board from the issuing entity (A.A.C. R4-15-201; A.R.S. § 32-4222).

            The practice of massage therapy is the application of massage therapy to any person for a fee or other consideration, not including the diagnosis of illness or disease, medical procedures, naturopathic manipulative medicine, osteopathic manipulative medicine, chiropractic adjustive procedures, homeopathic neuromuscular integration, electrical stimulation, ultrasound, prescription of medicines or the use of modalities for which a license to practice medicine, chiropractic, nursing, occupational therapy, athletic training, physical therapy, acupuncture or podiatry is required by law (A.R.S § 32-4201).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Eliminates the requirement for the Board, by rule, to establish communication proficiency requirements related to an applicant's ability to protect health and safety in connection with the practice of massage therapy.

2. Makes conforming changes.

3. Becomes effective on the general effective date.