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House
File
2602
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House
File
2602
AN
ACT
RELATING
TO
THE
LICENSURE
OF
MASSAGE
ESTABLISHMENTS,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
152C.1,
Code
2026,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
“Establishment”
means
a
location
where
massage
therapy
is
practiced.
“Establishment”
does
not
include
any
of
the
following:
House
File
2602,
p.
2
a.
A
location
where
massage
therapy
is
provided
by
a
massage
therapist
at
the
site
of
the
customer.
b.
Stand-alone
devices,
including
chairs,
that
are
operated
by
the
customer.
c.
A
location
within
a
licensed
health
care
facility
where
a
person
exempted
from
this
chapter
pursuant
to
section
152C.9,
subsection
1,
practices
the
person’s
licensed
profession
or
under
the
prescription
of
supervision
of
a
licensed
person.
d.
A
student
clinic
operated
by
a
school
of
massage
therapy
approved
by
the
board.
e.
A
location
where
a
sole
practitioner
practices
massage
therapy.
NEW
SUBSECTION
.
5.
“Sole
practitioner”
means
a
massage
therapist
who
provides
massage
therapy
at
a
location
over
which
the
massage
therapist
exercises
physical
control
and
from
which
only
the
massage
therapist
offers
and
provides
massage
therapy.
Sec.
2.
Section
152C.4,
subsection
1,
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
The
board,
or
its
authorized
agents,
may
inspect
any
facility
establishment
that
advertises
or
offers
the
services
of
massage
therapy.
The
board
may,
by
order,
impose
a
civil
penalty
upon
a
person
who
practices
as
a
massage
therapist
without
a
license
issued
under
this
chapter
,
or
a
person
or
business
that
employs
an
individual
who
is
not
licensed
under
this
chapter
,
or
a
person
who
operates
an
establishment
without
a
license
.
The
penalty
shall
not
exceed
one
thousand
dollars
for
each
offense.
Each
day
of
a
continued
violation
after
an
order
or
citation
by
the
board
constitutes
a
separate
offense,
with
the
maximum
penalty
not
to
exceed
ten
thousand
dollars.
In
determining
the
amount
of
a
civil
penalty,
the
board
may
consider
the
following:
Sec.
3.
Section
152C.5B,
subsection
2,
Code
2026,
is
amended
to
read
as
follows:
2.
A
person
licensed
or
who
purports
to
be
licensed
under
this
chapter
shall,
upon
the
request
of
any
peace
officer
investigating
a
complaint
of
illegal
services,
present
a
copy
of
the
person’s
valid
Iowa
massage
therapist
license
,
a
valid
establishment
license,
if
applicable,
and
a
government-issued
identification
to
the
peace
officer.
A
person
who
violates
House
File
2602,
p.
3
this
subsection
commits
a
serious
misdemeanor.
Sec.
4.
Section
152C.7,
Code
2026,
is
amended
to
read
as
follows:
152C.7
Suspension
and
revocation
of
licenses.
The
board
may
suspend,
revoke,
or
impose
probationary
conditions
upon
a
license
issued
pursuant
to
rules
adopted
in
accordance
with
section
152C.3
this
chapter
.
Sec.
5.
NEW
SECTION
.
152C.10
Establishment
license.
1.
a.
Beginning
January
1,
2027,
an
establishment
shall
not
operate
unless
the
owner
has
obtained
a
license
issued
by
the
board.
The
owner
shall
apply
to
the
board
on
forms
prescribed
by
the
board.
The
board
may
perform
a
sanitary
inspection
of
an
establishment
prior
to
the
issuance
of
a
license
and
may
perform
a
sanitary
inspection
of
each
establishment
biennially.
An
inspection
of
an
establishment
may
also
be
conducted
upon
receipt
of
a
complaint
by
the
board.
b.
The
board
shall
require
the
owner
of
an
establishment
to
provide
fingerprints
to
the
board
and
shall
submit
the
fingerprints
to
the
federal
bureau
of
investigation
through
the
state
criminal
history
repository
for
the
purpose
of
a
national
criminal
history
check,
except
that
the
department
of
inspections,
appeals,
and
licensing
may
adopt
rules
exempting
a
person
who
has
previously
submitted
fingerprints
to
the
federal
bureau
of
investigation
through
the
state
criminal
history
repository
for
the
purpose
of
a
national
criminal
history
check
as
part
of
an
application
for
a
license
to
practice
massage
therapy.
2.
The
application
must
be
accompanied
by
the
license
fee
determined
pursuant
to
section
147.80.
The
license
is
valid
for
a
period
as
determined
by
the
department
of
inspections,
appeals,
and
licensing
by
rule
and
may
be
renewed.
3.
The
board
may
deny
an
application
for
an
establishment
license
if
the
applicant
is
any
of
the
following:
a.
A
massage
therapist
who
is
not
in
good
standing
with
the
board
or
whose
license
is
currently
suspended.
b.
A
person
who
is
under
criminal
investigation
or
who
has
a
criminal
history
determined
by
the
board
to
be
disqualifying.
The
board
may
also
consider
criminal
investigations
and
histories
of
owners
and
officers
of
an
applicant
that
is
a
House
File
2602,
p.
4
legal
person.
Disqualifying
criminal
acts
include
but
are
not
limited
to
human
trafficking
as
described
in
section
710A.2,
sexual
exploitation
of
a
minor
as
described
in
section
728.12,
sexual
abuse
as
defined
in
section
709.1,
money
laundering
as
described
in
section
706B.2,
child
abuse
as
defined
in
section
232.68,
and
dependent
adult
abuse
as
defined
in
section
235B.2.
4.
The
board
may
revoke
an
establishment
license
based
upon
public
complaint,
upon
receiving
evidence
of
misconduct
or
disqualifying
criminal
acts
at
the
establishment,
or
if
the
board
discovers
that
the
application
for
the
establishment
license
was
fraudulent.
5.
The
board
may
take
emergency
action
to
suspend
the
license
of
an
establishment
if
the
board
learns
of
pending
criminal
charges
against
an
establishment
owner
or
officer.
An
establishment
shall
not
operate
with
a
suspended
license.
6.
An
establishment
shall
keep
records
for
a
period
of
three
years
from
the
date
the
record
is
created,
which
shall
include
all
of
the
following:
a.
The
name
and
license
number
of
each
massage
therapist
who
has
worked
at
the
establishment.
b.
A
calendar
or
schedule
of
appointments
and
receipts
which
shall
include
the
name
of
each
client,
and
the
name
of
each
massage
therapist
who
provided
massage
therapy
to
the
client.
c.
Any
other
records
required
by
the
board
by
rule.
7.
A
school
of
massage
therapy
teaching
a
massage
therapy
curriculum
approved
by
the
board
is
exempt
from
licensing
as
an
establishment.
8.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
section,
which
shall
include
all
of
the
following:
a.
A
process
for
the
evaluation
of
applications
and
the
issuance
of
establishment
licenses.
b.
Requirements
for
adequate,
safe,
and
sanitary
establishments.
c.
Requirements
for
compliance
with
state
and
local
building,
fire,
and
health
codes
necessary
to
ensure
the
safe
and
effective
practice
of
massage
therapy.
d.
Requirements
for
retention
of
client
and
ownership
records.
House
File
2602,
p.
5
e.
Requirements
for
initial
and
periodic
sanitary
inspections
of
establishments.
f.
Requirements
for
the
transfer
of
an
establishment
license.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2602,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor