HB319 Alabama 2018 Session

Under existing law, the Alabama Board of Massage Therapy may conduct a criminal history check of massage therapists under certain circumstances

This bill would require the board to conduct a criminal history check for every person applying for a license to become a message therapist and for every licensee applying to renew his or her license

This bill would specify that proof of sexual misconduct by a massage therapist with a client is misconduct and is grounds for a suspension or revocation of the therapist's license

This bill would require a massage therapist to file a report with the Alabama Board of Massage Therapy if he or she has a reasonable belief that another massage therapist has engaged in sexual misconduct with a client and would provide penalties for failure to report

This bill would require the Alabama Board of Massage Therapy to refer any incidents of alleged misconduct to the local district attorney for investigation and prosecution

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to massage therapy; to amend Sections 34-43-12, 34-43-13, 34-43-14, 34-43-15, Code of Alabama 1975, to require the Alabama Board of Massage Therapy to conduct criminal history background checks under certain circumstances and to set the fee for the background check; to further provide for the suspension or revocation of a license issued under the Alabama Massage Therapy Licensure Act; to require the reporting of certain misconduct by certain persons; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.