SB 295 - This act empowers the Department of Health to issue licenses to massage businesses and massage therapists and to inspect massage businesses to ensure their compliance with department regulations.

MASSAGE BUSINESS LICENSURE: A person may apply to the Department of Health to obtain a license to operate a massage business. The application shall include a $100 fee. The Department shall issue a license to applicants who meet the requirements of this act and are approved after a survey inspection.

A massage business shall renew its license annually by submitting a $50 renewal fee. A license may not be transferred. When a massage business is sold or transferred, a new license must be obtained. The Department may make any necessary inspections of a massage business for licensing or renewal of a license.

The Department shall send a list of any problems identified during the inspection to the massage business. The business may file a plan of correction with the Department or request a resurvey. If the massage business disagrees with the Department's findings after a resurvey, it may appeal such findings to the Administrative Hearing Commission.

The Department shall refuse to issue, suspend or revoke the license of any massage business that fails to comply with the provisions of this act or any Department rule or regulation. The business may appeal such action to the Administrative Hearing Commission.

CIVIL REMEDIES: A person may file a complaint against a massage business or massage therapist with the Department. If the Department finds that such charges warrant a hearing to determine if the business' license should be revoked, the Department shall set a time for a hearing and notify the massage business of the complaint. The hearing shall be conducted before the Administrative Hearing Commission.

The Department may seek an injunction to prohibit a massage business from continuing a violation.

MASSAGE THERAPISTS: A person may apply for a license to practice massage therapy. Such person must be at least 18 years of age, pay a $50 application fee and either: 1) pass an accredited examination and complete at least 500 hours of training; or 2) be a licensed therapist in another state.

A person who has practiced massage therapy prior to August 28, 1997 and has not met the licensure requirements may apply for a waiver or provisional license until such person completes such requirements. A therapist shall pay an annual renewal fee of $25.

PROHIBITED PRACTICES: A person who is not licensed as a therapist or business shall not use the word "massage" or similar words in advertising. Any advertisement shall contain the registration number of the therapist or business.

No owner or employee may obtain a license if such owner or employee has been convicted of any offense related to prostitution. Any person who violates any of the provisions of this act is guilty of a Class A misdemeanor.

This act preempts any local ordinance that regulates massage businesses.
CHERYL GRAZIER