HB2846 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-4203, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4203. Board; powers and duties

A. The board shall:

1. Evaluate the qualifications of applicants for licensure.

2. Designate at least one national examination that it requires all applicants to pass. The examination must be available to a graduating massage therapy or bodywork therapy student within ninety days before the student's expected graduation date. The board shall require that an examination be processed and the results returned to the board within thirty days after the examination is administered. If, by October 20, 2005, the testing agency administering the examination fails or is unable to comply with the requirements of this paragraph, the board shall designate another examination for applicants to pass. The same national examination shall be required of all in-state and out-of-state licensure applicants and applicants by endorsement.

3. Issue licenses to persons who meet the requirements of this chapter.

4. Regulate the practice of massage therapy by interpreting and enforcing this chapter.

5. Establish education requirements for licensees and applicants, including identifying board-recognized schools and continuing education programs and assessing the continuing competence of licensees.

6. Adopt rules for ethical and professional conduct to govern the practice of massage therapy in this state.

7. Adopt rules to enforce this chapter.

8. Meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and keep an official record of these meetings.

9. At its first regular meeting after the start of each calendar year, elect officers from among its members as necessary to accomplish board business.

10. Provide for the timely orientation and training of new professional and public appointees to the board regarding board licensing and disciplinary procedures, this chapter, board rules and board procedures.

11. Maintain a current list of all licensees that includes the licensee's name, current business address and telephone number and license number and that is regularly accessible in electronic format to public officials and agencies to verify the license status of licensees in this state.

12. Enter into contracts for services necessary to enforce this chapter.

13. Publish, at least annually, or make available for copying or reproduction in any format, final disciplinary actions taken against a licensee.

B. The board may:

1. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of a fiscal year.

2. Administer oaths and affirmations, subpoena witnesses, take evidence and require the production of documents, records or information, either kept in original form or electronically stored or recorded, or other items relevant to a matter within the jurisdiction of the board.

3. For initial licensure, 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.END_STATUTE

Sec. 2. Section 32-4222, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4222. Qualifications for licensure; rules

A. An applicant for a license as a massage therapist shall:

1. Be at least eighteen years of age.

2. Be a citizen or legal resident of the United States.

3. Satisfy the requirements of section 32-4224.

4. Receive either a high school diploma or general equivalency diploma or a similar document or certificate or submit proof that the applicant has passed an ability to benefit examination recognized by the United States department of education.

5. Pay the fees established pursuant to section 32-4227.

6. Within five years preceding the date of the application for initial licensure, not have been convicted of a misdemeanor involving prostitution or solicitation or another similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

7. Within the preceding five years, not have voluntarily surrendered a license under section 32-4254 or not have had a license to practice massage therapy or another similar license revoked by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter.

8. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter. If the applicant is under investigation by a regulatory agency in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.

9. For initial licensure, submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board may charge the cost of each criminal background check to the applicant.

10. Beginning January 1, 2023, Possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 for initial licensure, license renewal, a temporary license or license reinstatement pursuant to this chapter.

11. Successfully pass an Arizona massage therapist jurisprudence examination.

B. In addition to the requirements of subsection A of this section, an applicant for licensure as a massage therapist shall either:

1. Have successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a board recognized board-recognized school in this state that is accredited by an agency recognized by the secretary of the United States department of education.

2. Have done both of the following:

(a) Successfully completed a course of study in massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a school in this state that is licensed by the state board for private postsecondary education or at a school outside of this state that is recognized by the board pursuant to section 32-4228.

(b) Successfully passed an examination administered by a national board accredited by the certifying agency that has been approved by the national commission on competency assurance and that is in good standing with that agency or have successfully passed an examination that is administered or approved by the board.

C. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country. The board by rule may increase the minimum number of classroom hours of supervised instruction at a board recognized school that an applicant for licensure must successfully have completed.

D. If the board is satisfied that an applicant meets the requirements of this section, the board shall issue a license to the applicant.

E. Subject to the board's approval, the executive director may issue licenses to applicants who meet the requirements of this chapter.

F. The board may deny an application for a license if the applicant committed an act that would subject a person licensed under this chapter to disciplinary action. END_STATUTE

Sec. 3. Section 32-4223, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4223. Licensure by endorsement

A. An applicant is eligible for reciprocal licensure by endorsement if either of the following applies:

1. The applicant has been licensed in another state that has comprehensive standards for licensure for massage therapists for at least two of the last five years preceding the filing of the application with the board.

2. The applicant holds a current certification from the national certification board for therapeutic massage and bodywork or another agency that meets the standards of the national organization on competency assurance and received education and training that are substantially equivalent to that required by this chapter.

B. When an applicant submits an application for reciprocity licensure by endorsement, the applicant shall also submit a letter or other document acceptable to the board showing whether any jurisdiction that has previously certified or licensed the applicant has instituted disciplinary proceedings or has unresolved complaints pending against the applicant. If a disciplinary proceeding or an unresolved complaint is pending, the applicant shall not be licensed until the proceeding or the complaint has been resolved in the applicant's favor.

C. An applicant for licensure by endorsement is required to successfully pass an ARizona massage therapist jurisprudence examination. END_STATUTE

Sec. 4. Section 32-4224, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4224. Application

A. An applicant for licensure shall file a completed application under oath or affirmation containing the information required by the board. The applicant shall include the application fee as prescribed in section 32-4227.

B. The executive director may issue a temporary license to an applicant who files a completed application, who meets the applicable qualifications prescribed in section 32-4222, subsection A, who has satisfactorily completed a course in massage therapy or bodywork therapy at an institution that is recognized by the board pursuant to section 32-4228 and who pays the prescribed application fee. A temporary license is not effective for more than one hundred eighty days and expires on the occurrence of any one of the following:

1. Issuance of a license by the board.

2. Denial of the application by the board.

3. Expiration of the term for which the temporary license was issued. END_STATUTE

Sec. 5. Temporary license holders

A massage therapist who holds a temporary license issued pursuant to section 32-4224, subsection B, Arizona Revised Statutes, as amended by this act, on the effective date of this act, may continue to practice massage therapy pursuant to the temporary license until any one of the following occurs:

1. Issuance of a license by the board of massage therapy.

2. Denial of the application by the board of massage therapy.

3. Expiration of the temporary license.