HF2602: Massage Therapy Regulation

Establishes licensure requirements for massage therapy establishments, effective January 1, 2027. It defines 'establishment' and 'sole practitioner,' sets forth detailed application and inspection requirements, mandates criminal background checks for owners, and outlines recordkeeping standards. The bill authorizes the board to deny, revoke, or suspend licenses for specific violations or criminal history. It also amends existing law to reference establishments rather than facilities and adds establishment license requirements to identification checks during peace officer investigations. Certain locations and sole practitioners are exempt from the licensure requirement. The board is directed to adopt rules for implementation, including sanitation, inspection, and record retention standards. Penalties for violations are specified, including civil penalties and criminal misdemeanors for noncompliance. Effective 7/1/2027.

Key Points & Impacts:

• Defines 'establishment' and 'sole practitioner' for regulatory purposes, clarifying which entities require licensure and which are exempt (e.g., sole practitioners, student clinics, certain health facilities).

• Requires all massage establishments (with exemptions) to obtain a license from the board starting January 1, 2027, with application, fee, and background check requirements for owners.

• Mandates national criminal history checks for establishment owners, with possible exemptions for those previously fingerprinted for massage therapist licensure.

• Empowers the board to inspect establishments before licensing, biennially thereafter, or upon complaint, and to deny, revoke, or suspend licenses for disqualifying criminal history, misconduct, or fraudulent applications.

• Establishes detailed recordkeeping requirements for establishments, including records of therapists, clients, appointments, and receipts, to be maintained for three years.

• Amends existing law to replace references to 'facility' with 'establishment,' and expands penalties to include unlicensed operation of an establishment.

• Requires licensed individuals to present both their personal and establishment licenses (if applicable) and government ID upon peace officer request; failure to comply is a serious misdemeanor.

• Directs the board to adopt rules regarding licensure, sanitation, inspections, building codes, record retention, and license transfers.