Bill Text: AZ SB1044 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Massage therapy board
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-16 - Governor Signed [SB1044 Detail]
Download: Arizona-2013-SB1044-Chaptered.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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CHAPTER 108
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SENATE BILL 1044 |
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AN ACT
Amending sections 32‑1505, 32-4201 and 32-4202, Arizona Revised Statutes; repealing sections 32‑4204 and 32‑4205, Arizona Revised Statutes; amending title 32, chapter 42, article 1, Arizona Revised Statutes, by adding new sections 32‑4204 and 32‑4205; amending sections 32-4222, 32-4225, 32-4228 and 32-4254, Arizona Revised Statutes; relating to the board of massage therapy.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1505, Arizona Revised Statutes, is amended to read:
32-1505. Naturopathic physicians medical board fund
A. The naturopathic physicians medical board fund is established. The board shall administer the fund. Pursuant to sections 35‑146 and 35‑147, the board shall deposit ten per cent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining ninety per cent in the naturopathic physicians medical board fund.
B. The board shall establish a separate account in the fund for monies transferred to the fund pursuant to section 32‑4205.
C. B. Monies deposited in the naturopathic physicians medical board fund are subject to section 35‑143.01.
Sec. 2. Section 32-4201, Arizona Revised Statutes, is amended to read:
32-4201. Definitions
In this chapter, unless the context otherwise requires:
1. "Board" means the board of massage therapy.
2. "Board recognized school" means any massage therapy or bodywork therapy school or training program in this state that is offered by a community college or approved by the state board for private postsecondary education or a school or program in another state that meets the criteria established by the board of massage therapy a school that is any of the following:
(a) Accredited to offer massage therapy education by an agency recognized by the secretary of the united states department of education.
(b) If located in this state, offered by a community college or approved by the state board for private postsecondary education.
(c) If located in another state or a canadian province, approved by an agency similar to the state board for private postsecondary education.
(d) A joint technical education district program that is offered by a joint technical education district as defined by section 15-391.
3. "Bodywork therapy" means massage therapy.
4. "Massage therapist" means a person who is licensed under this chapter to engage in the practice of massage therapy.
5. "Massage therapy" means the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement or provide general or specific therapeutic benefits:
(a) The manual application of compression, stretch, vibration or mobilization of the organs and tissues beneath the dermis, including the components of the musculoskeletal system, peripheral vessels of the circulatory system and fascia, when applied primarily to parts of the body other than the hands, feet and head.
(b) The manual application of compression, stretch, vibration or mobilization using the forearms, elbows, knees or feet or handheld mechanical or electrical devices.
(c) Any combination of range of motion, directed, assisted or passive movements of the joints.
(d) Hydrotherapy, including the therapeutic applications of water, heat, cold, wraps, essential oils, skin brushing, salt glows and similar applications of products to the skin.
6. "Practice of massage therapy" means the application of massage therapy to any person for a fee or other consideration. Practice of massage therapy does not include 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.
Sec. 3. Section 32-4202, Arizona Revised Statutes, is amended to read:
32-4202. Board; membership; terms; immunity
A. The board of massage therapy is established consisting of the following members appointed by the governor:
1. Three massage therapists who are residents of this state, who possess an unrestricted license to practice massage therapy in this state and who have been practicing in this state for at least five years immediately preceding their appointment. The governor may make these appointments from a list of names submitted by a statewide massage or bodywork therapy association, or both, or any other group or person. The initial three appointees are not required to be licensed pursuant to this chapter at the time of selection but must meet all of the qualifications for licensure as prescribed by this chapter.
2. Two public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights or have a background in compliance or law enforcement issues.
B. Board members serve staggered five‑year terms that begin and end on the third Monday in January. Board members shall not serve for more than two successive five‑year terms or for more than ten consecutive years. , except that the term of office for a member of the board appointed to fill a vacancy that occurs before the expiration of a full term is for the unexpired portion of that term, and the governor may reappoint that member to not more than two additional full terms.
C. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty.
D. Board members are eligible to receive compensation in the amount of one hundred dollars per day for each day of actual service in the business of the board and for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved activity.
E. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability.
Sec. 4. Repeal
Sections 32-4204 and 32‑4205, Arizona Revised Statutes, are repealed.
Sec. 5. Title 32, chapter 42, article 1, Arizona Revised Statutes, is amended by adding new sections 32-4204 and 32‑4205, to read:
32-4204. Executive director; personnel; duties; compensation; immunity
A. Subject to title 41, chapter 4, article 4, the board shall appoint an executive director of the board who serves at the pleasure of the board. The executive director may not be a board member and may not have any financial interests in the practice of massage therapy or the training of massage therapists. The board may authorize the executive director to represent the board and to vote on behalf of the board at meetings of national organizations of which the board is a dues paying member.
B. The executive director and other board staff are eligible to receive compensation as determined pursuant to section 38-611.
C. The executive director or the executive director's designee shall:
1. Keep a record of the proceedings of the board.
2. Collect all monies due and payable to the board.
3. Deposit monies received by the board as prescribed by section 32‑4205.
4. Prepare bills for authorized expenditures of the board and obtain warrants from the director of the department of administration for payment of bills.
5. Administer oaths.
6. Act as custodian of the seal, books, minutes, records and proceedings of the board.
7. At the request of the board, do and perform any other duty not prescribed for the executive director elsewhere in this chapter.
D. Subject to title 41, chapter 4, article 4, the board may employ other personnel as it deems necessary to carry out the purposes of this chapter.
E. The executive director and a person acting pursuant to the executive director's direction are personally immune from civil liability for all actions taken in good faith pursuant to this chapter.
32-4205. Board of massage therapy fund
A. The board of massage therapy fund is established. The board shall administer the fund. The board shall deposit, pursuant to sections 35-146 and 35-147, ten per cent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety per cent of the monies in the board of massage therapy fund.
B. Monies deposited in the board of massage therapy fund are subject to section 35-143.01.
Sec. 6. Section 32-4222, Arizona Revised Statutes, is amended to read:
32-4222. Qualifications for licensure
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. Be of good moral character.
5. 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.
6. Pay the fees established pursuant to section 32‑4227.
7. Not have, Within five years preceding the date of the application, not have been convicted of:
(a) A class 1, 2 or 3 felony.
(b) A class 4, 5 or 6 felony offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.
(c) A misdemeanor involving prostitution or solicitation or other similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.
8. Within the past 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.
9. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory board 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.
10. 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.
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 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 of 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 of 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. Notwithstanding subsection B of this section, a person who applies for a provisional license may be licensed by the board on demonstration of the qualifications prescribed in this subsection and subsection A of this section on or before January 1, 2006 and subject to the requirements of this section. A person may qualify for a license under this subsection if the person either:
1. Has completed a minimum of two hundred hours of education and training in the study of massage therapy or bodywork therapy and the person has continuously practiced massage therapy in this state for at least three years before May 12, 2003. The two hundred hours of education and training required by this paragraph must be taken in a massage or bodywork training program that is approved by either a community college located in this state or the state board for private postsecondary education or a similar agency of another state that imposes requirements that are substantially equivalent to the requirements of the state board for private postsecondary education. The training program required by this paragraph must consist of anatomy and physiology, massage theory and practice and ethics.
2. Demonstrates that the person has been self‑supportive as a massage therapist in this state since from and after December 31, 1992.
3. Holds a current professional license from a political subdivision of this state that regulated the practice of massage therapy before May 12, 2003.
D. C. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country. On or after July 1, 2006, 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.
E. 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. The board, by rule, shall establish communication proficiency requirements related to an applicant's ability to protect health and safety in connection with the practice of massage therapy.
F. Subject to the board's approval, the executive director may issue licenses to applicants who meet the requirements of this chapter.
G. 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.
Sec. 7. Section 32-4225, Arizona Revised Statutes, is amended to read:
32-4225. License renewal; changes in personal information; notification; continuing education
A. Except as provided in section 32-4301, a license issued pursuant to this chapter is subject to renewal every other year on the licensee's birthday and expires unless renewed.
B. The executive director shall send a renewal application to notify each licensee at least sixty days before expiration of the license and may renew the license on receipt of a completed renewal application.
C. Each licensee is responsible for reporting to the board a name change and changes in business and home addresses and phone numbers within ten days after any change.
D. Each licensee shall notify the board in writing within ten days after the issuance of a final order, judgment or conviction of a felony or other offense involving moral turpitude or prostitution, solicitation or any other similar offense.
E. When a licensee renews a license, the licensee must submit to the board evidence provide the board with an affirmation of the successful completion of at least twenty‑five twenty-four hours of continuing education in the practice of massage therapy, as approved by the board, during the immediately preceding two years.
Sec. 8. Section 32-4228, Arizona Revised Statutes, is amended to read:
32-4228. Massage therapy schools; recognition
A. The board shall recognize a school of massage therapy located in this state if it is approved by the state board of for private postsecondary education, or if it is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education or is a joint technical education district program that is offered by a joint technical education district as defined by section 15-391.
B. The board shall recognize a school of massage therapy located in another state or a Canadian province if it is accredited or approved by an agency similar to the Arizona state board of for private postsecondary education or it is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education.
C. Each school of massage therapy that is located in this state and that receives approval from the state board for private postsecondary education shall report to the board of massage therapy:
1. The physical address of the school and each instructional facility maintained or operated by the school.
2. All faculty and instructional staff, and all additions to or deletions from the faculty and staff.
D. The board shall maintain a list of recognized schools.
Sec. 9. Section 32-4254, Arizona Revised Statutes, is amended to read:
32-4254. Investigative powers; emergency action; disciplinary proceedings; formal interview; hearing; civil penalty
A. The board on its own motion may investigate any evidence that appears to show that a licensee is or may be incompetent or is or may be subject to discipline under this chapter. On written request of a complainant, the board shall review a complaint and take any action it deems appropriate. The board or the executive director shall notify the licensee as to the content of the complaint as soon as reasonable. A licensee shall, and any other person may, report to the board any information the person may have that appears to show grounds for disciplinary action against a licensee. Any person or entity that reports or provides information to the board in good faith is not subject to an action for civil damages. If requested, the board shall not disclose the name of a person who supplies information regarding a licensee's drug or alcohol impairment. It is an act of unprofessional conduct for any licensee to fail to report as required by this section.
B. If the board finds, based on the information it receives under subsection A of this section, that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in its order, the board may restrict, limit or order a summary suspension of a license pending proceedings for revocation or other action. If the board takes action pursuant to this subsection, it shall also serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing before the board or an administrative law judge within sixty days.
C. If, after completing its investigation, the board finds that the information provided pursuant to subsection A of this section is not of sufficient seriousness to merit disciplinary action against the license of the licensee, the board or a board committee may take any of the following nondisciplinary actions:
1. Dismiss if, in the opinion of the board, the information is without merit.
2. File an advisory letter. The licensee may file a written response with the board within thirty days after receiving the advisory letter.
3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
D. If the board finds that it can take rehabilitative or disciplinary action without the presence of the licensee at a formal interview, it may enter into a consent agreement with the licensee to limit or restrict the licensee's practice or to rehabilitate the licensee, protect the public and ensure the licensee's ability to safely engage in the practice of massage therapy. The board may also require the licensee to successfully complete a board approved rehabilitative, retraining, continuing education or assessment program.
E. If, after completing its investigation, the board believes that the information is or may be true, it may request a formal interview with the licensee. If the licensee refuses the invitation for a formal interview or accepts and the results indicate that grounds may exist for revocation or suspension of the licensee's license for more than twelve months, the board shall issue a formal complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If, after completing a formal interview, the board finds that the protection of the public requires emergency action, it may order a summary suspension of the license pending formal revocation proceedings or other action authorized by this section.
F. If, after completing the formal interview, the board finds the information provided under subsection A of this section is not of sufficient seriousness to merit suspension for more than twelve months or revocation of the license, it may take one or more of the following actions:
1. Dismiss if, in the opinion of the board, the complaint is without merit.
2. File an advisory letter. The licensee may file a written response with the board within thirty days after the licensee receives the advisory letter.
3. File a letter of reprimand.
4. Issue a decree of censure. A decree of censure is an official action against the licensee's license.
5. Fix a period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee concerned. Probation may include temporary suspension not to exceed twelve months or restriction of the licensee's license to practice massage therapy. If a licensee fails to comply with the terms of probation, the board shall serve the licensee with a written notice that states that the licensee is subject to a formal hearing based on the information considered by the board at the formal interview and on any other acts or conduct alleged to be in violation of this chapter or rules adopted pursuant to this chapter, including noncompliance with the terms of probation, a consent agreement or a stipulated agreement.
6. Enter into an agreement with the licensee to restrict or limit the licensee's practice in order to rehabilitate, retrain or assess the licensee, protect the public and ensure the licensee's ability to safely engage in the practice of massage therapy.
7. Order the payment of restitution, including an order to repay fees paid by a massage therapy client and for the cost of the investigation.
8. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
G. If the board finds that the information provided in subsection A or E of this section warrants suspension or revocation of a license issued pursuant to this chapter, it shall initiate formal proceedings pursuant to title 41, chapter 6, article 10. If after a formal proceeding the board finds that a licensee has been convicted of prostitution, solicitation or another similar offense, the board shall revoke the license.
H. A licensee shall respond in writing to the board within thirty days after notice of the hearing is served. The board may consider a licensee's failure to respond within this time as an admission by default to the allegations stated in the complaint. The board may then take any disciplinary action allowed pursuant to this chapter without conducting a hearing.
H. I. In a formal interview pursuant to subsection E of this section or in a hearing pursuant to subsection G of this section, the board in addition to any other action may impose a civil penalty of at least one thousand dollars but not more than ten thousand dollars for each violation of this chapter or a rule adopted pursuant to this chapter.
I. J. An advisory letter is a public document.
J. K. A licensee who after a formal hearing is found by the board to be subject to discipline pursuant to this chapter is subject to censure, probation or restitution as provided in this section, suspension or revocation of license or any combination of these, including a stay of action, for a period of time or permanently and under conditions the board deems appropriate for the protection of the public health and safety and just in the circumstance. The board may charge the costs of formal hearings to a licensee who whom it finds to be in violation of this chapter.
K. L. If the board, during the course of any investigation, determines that a criminal violation involving the practice of massage therapy may have occurred, it shall make the evidence of a violation available to the appropriate criminal justice agency for its consideration.
L. M. The board shall deposit, pursuant to sections 35‑146 and 35‑147, all monies it collects from civil penalties paid pursuant to this section in the state general fund.
M. N. Notice of a complaint and hearing is effective by a true copy of it being sent by certified mail to the licensee's last known address of record in the board's files. Notice of the complaint and hearing is complete on the date of its deposit in the mail. The board shall begin a formal hearing within one hundred twenty days after that date.
N. O. The board may accept the surrender of a license from a person who admits in writing to any of the following:
1. Being unable to safely engage in the practice of massage therapy.
2. Having committed an act subject to discipline pursuant to this chapter.
3. Having violated this chapter or a board rule.
O. P. In determining the appropriate disciplinary action under this section, the board shall consider all previous nondisciplinary and disciplinary actions against a licensee.
Sec. 10. Retroactivity
A. Section 32-1505, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after June 30, 2013.
B. Sections 32-4204 and 32-4205, Arizona Revised Statutes, as added by this act, are effective retroactively to from and after June 30, 2013.
C. Section 4 of this act, relating to the repeal of sections 32-4204 and 32-4205, Arizona Revised Statutes, is effective retroactively to from and after June 30, 2013.
APPROVED BY THE GOVERNOR APRIL 16, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2013.
