Massage establishments would need licenses and face board oversight

An establishment owner must obtain a board-issued license before operating. The requirement covers locations where massage therapy is practiced, except locations and practitioners excluded by the bill's definitions. The owner must apply on board forms and pay the required license fee. The board may inspect the establishment before licensing, every two years, or after receiving a complaint. The owner must provide fingerprints for a national criminal-history check, unless department rules provide an exemption. The establishment may not operate without the license beginning January 1, 2027.

The board may deny, suspend, or revoke an establishment license and may require establishments to keep detailed records. The rules apply to licensed establishments, their owners and officers, massage therapists working there, and records about clients, appointments, receipts, and ownership. The board may deny an application based on a therapist's license status, a disqualifying criminal history, or a criminal investigation. Listed disqualifying conduct includes human trafficking, sexual exploitation of a minor, sexual abuse, money laundering, child abuse, and dependent-adult abuse. The board may revoke a license after a complaint, evidence of misconduct or disqualifying crimes, or a fraudulent application. The board may take emergency action when an owner or officer faces pending criminal charges, and a suspended establishment may not operate. Establishments must keep the required records for three years after each record is created.

The board may inspect covered facilities and impose civil penalties, while people claiming to be licensed must show required documents to investigating peace officers. The enforcement rules cover establishments that advertise or offer massage therapy, unlicensed massage therapists, businesses employing unlicensed therapists, and people operating without an establishment license. A civil penalty may be up to $1,000 for each offense and up to $10,000 for continued violations after a board order or citation. A person who violates the document-presentment rule commits a serious misdemeanor. When investigating a complaint of illegal services, a person licensed or claiming to be licensed must show a valid therapist license, an establishment license when applicable, and government identification. Each day of a continued violation after a board order or citation counts as a separate offense.