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Senate
File
2068
-
Introduced
SENATE
FILE
2068
BY
SCHULTZ
A
BILL
FOR
An
Act
relating
to
the
licensure
of
massage
establishments,
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
152C.1,
Code
2026,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
“Establishment”
means
a
location
where
3
massage
therapy
is
practiced.
“Establishment”
does
not
include
4
any
of
the
following:
5
a.
A
location
where
massage
therapy
is
provided
by
a
massage
6
therapist
at
the
site
of
the
customer.
7
b.
Stand-alone
devices,
including
chairs,
that
are
operated
8
by
the
customer.
9
c.
A
location
within
a
licensed
health
care
facility
where
10
a
person
exempted
from
this
chapter
pursuant
to
section
152C.9,
11
subsection
1,
practices
the
person’s
licensed
profession
or
12
under
the
prescription
of
supervision
of
a
licensed
person.
13
d.
A
student
clinic
operated
by
a
school
of
massage
therapy
14
approved
by
the
board.
15
e.
A
location
where
a
sole
practitioner
practices
massage
16
therapy.
17
NEW
SUBSECTION
.
5.
“Sole
practitioner”
means
a
massage
18
therapist
who
provides
massage
therapy
at
a
location
over
which
19
the
massage
therapist
exercises
physical
control
and
from
which
20
only
the
massage
therapist
offers
and
provides
massage
therapy.
21
Sec.
2.
Section
152C.4,
subsection
1,
unnumbered
paragraph
22
1,
Code
2026,
is
amended
to
read
as
follows:
23
The
board,
or
its
authorized
agents,
may
inspect
any
24
facility
establishment
that
advertises
or
offers
the
services
25
of
massage
therapy.
The
board
may,
by
order,
impose
a
civil
26
penalty
upon
a
person
who
practices
as
a
massage
therapist
27
without
a
license
issued
under
this
chapter
,
or
a
person
or
28
business
that
employs
an
individual
who
is
not
licensed
under
29
this
chapter
,
or
a
person
who
operates
an
establishment
without
30
a
license
.
The
penalty
shall
not
exceed
one
thousand
dollars
31
for
each
offense.
Each
day
of
a
continued
violation
after
an
32
order
or
citation
by
the
board
constitutes
a
separate
offense,
33
with
the
maximum
penalty
not
to
exceed
ten
thousand
dollars.
34
In
determining
the
amount
of
a
civil
penalty,
the
board
may
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consider
the
following:
1
Sec.
3.
Section
152C.5B,
subsection
2,
Code
2026,
is
amended
2
to
read
as
follows:
3
2.
A
person
licensed
or
who
purports
to
be
licensed
under
4
this
chapter
shall,
upon
the
request
of
any
peace
officer
5
investigating
a
complaint
of
illegal
services,
present
a
copy
6
of
the
person’s
valid
Iowa
massage
therapist
license
,
a
valid
7
establishment
license,
if
applicable,
and
a
government-issued
8
identification
to
the
peace
officer.
A
person
who
violates
9
this
subsection
commits
a
serious
misdemeanor.
10
Sec.
4.
Section
152C.7,
Code
2026,
is
amended
to
read
as
11
follows:
12
152C.7
Suspension
and
revocation
of
licenses.
13
The
board
may
suspend,
revoke,
or
impose
probationary
14
conditions
upon
a
license
issued
pursuant
to
rules
adopted
in
15
accordance
with
section
152C.3
this
chapter
.
16
Sec.
5.
NEW
SECTION
.
152C.10
Establishment
license.
17
1.
Beginning
July
1,
2027,
an
establishment
shall
not
18
operate
unless
the
owner
has
obtained
a
license
issued
by
the
19
board.
The
owner
shall
apply
to
the
board
on
forms
prescribed
20
by
the
board.
The
board
may
perform
a
sanitary
inspection
of
21
an
establishment
prior
to
the
issuance
of
a
license
and
may
22
perform
a
sanitary
inspection
of
each
establishment
biennially.
23
An
inspection
of
an
establishment
may
also
be
conducted
upon
24
receipt
of
a
complaint
by
the
board.
25
2.
The
application
must
be
accompanied
by
the
biennial
26
license
fee
determined
pursuant
to
section
147.80.
The
license
27
is
valid
for
two
years
from
the
date
of
issue
and
may
be
28
renewed.
29
3.
The
board
may
deny
an
application
for
an
establishment
30
license
if
the
applicant
is
any
of
the
following:
31
a.
A
massage
therapist
who
is
not
in
good
standing
with
the
32
board
or
whose
license
is
currently
suspended.
33
b.
A
person
who
is
under
criminal
investigation
or
who
has
34
a
criminal
history
determined
by
the
board
to
be
disqualifying.
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The
board
may
also
consider
criminal
investigations
and
1
histories
of
owners
and
officers
of
an
applicant
that
is
a
2
legal
person.
Disqualifying
criminal
acts
include
but
are
not
3
limited
to
human
trafficking
as
described
in
section
710A.2,
4
sexual
exploitation
of
a
minor
as
described
in
section
728.12,
5
sexual
abuse
as
defined
in
section
709.1,
money
laundering
as
6
described
in
section
706B.2,
child
abuse
as
defined
in
section
7
232.68,
and
dependent
adult
abuse
as
defined
in
section
235B.2.
8
4.
The
board
may
revoke
an
establishment
license
based
9
upon
public
complaint,
upon
receiving
evidence
of
misconduct
10
or
disqualifying
criminal
acts
at
the
establishment,
or
if
the
11
board
discovers
that
the
application
for
the
establishment
12
license
was
fraudulent.
13
5.
The
board
may
take
emergency
action
to
suspend
the
14
license
of
an
establishment
if
the
board
learns
of
pending
15
criminal
charges
against
an
establishment
owner
or
officer.
An
16
establishment
shall
not
operate
with
a
suspended
license.
17
6.
An
establishment
shall
keep
records
for
a
period
of
three
18
years
from
the
date
the
record
is
created,
which
shall
include
19
all
of
the
following:
20
a.
The
name
and
license
number
of
each
massage
therapist
who
21
has
worked
at
the
establishment.
22
b.
A
calendar
or
schedule
of
appointments
and
receipts
which
23
shall
include
the
name
of
each
client,
and
the
name
of
each
24
massage
therapist
who
provided
massage
therapy
to
the
client.
25
c.
Any
other
records
required
by
the
board
by
rule.
26
7.
A
school
of
massage
therapy
teaching
a
massage
therapy
27
curriculum
approved
by
the
board
is
exempt
from
licensing
as
28
an
establishment.
29
8.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
30
to
implement
this
section,
which
shall
include
all
of
the
31
following:
32
a.
A
process
for
the
evaluation
of
applications
and
the
33
issuance
of
establishment
licenses.
34
b.
Requirements
for
adequate,
safe,
and
sanitary
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establishments.
1
c.
Requirements
for
compliance
with
state
and
local
2
building,
fire,
and
health
codes
necessary
to
ensure
the
safe
3
and
effective
practice
of
massage
therapy.
4
d.
Requirements
for
retention
of
client
and
ownership
5
records.
6
e.
Requirements
for
initial
and
periodic
sanitary
7
inspections
of
establishments.
8
f.
Requirements
for
the
transfer
of
an
establishment
9
license.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
licensure
of
massage
therapy
14
establishments.
Beginning
July
1,
2027,
the
bill
requires
15
a
massage
therapy
establishment,
defined
in
the
bill
as
a
16
location
where
massage
therapy
is
practiced,
to
obtain
a
17
license
in
order
to
operate.
The
bill
requires
an
applicant
18
to
submit
an
application
in
a
form
prescribed
by
the
board
19
of
massage
therapy
(board)
and
it
must
be
accompanied
by
an
20
application
fee.
The
board
may
perform
a
sanitary
inspection
21
of
a
proposed
establishment
prior
to
issuing
a
license
and
22
biennially
thereafter,
or
upon
receipt
of
a
complaint.
23
The
bill
allows
the
board
to
deny
an
application
if
the
24
applicant
is
a
massage
therapist
who
is
not
in
good
standing
25
or
holds
a
suspended
license,
or
if
the
applicant
is
under
26
criminal
investigation
or
has
a
disqualifying
criminal
history,
27
as
described
in
the
bill.
The
bill
allows
the
board
to
revoke
28
a
license
based
on
public
complaint,
upon
receiving
evidence
29
of
misconduct,
including
disqualifying
criminal
acts,
or
upon
30
a
finding
that
the
application
was
fraudulent.
The
board
may
31
also
take
emergency
action
to
suspend
a
license
upon
discovery
32
of
pending
criminal
charges
against
an
establishment
owner
or
33
officer.
An
establishment
license
is
valid
for
two
years
and
34
may
be
renewed.
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The
bill
requires
an
establishment
to
maintain
certain
1
records
for
three
years,
including
information
regarding
2
massage
therapists
who
have
worked
at
the
establishment
and
the
3
clients
to
whom
they
have
provided
massage
therapy.
The
bill
4
also
requires
a
person
under
investigation
by
a
peace
officer
5
for
the
provision
of
illegal
services
to
provide
a
copy
of
the
6
establishment
license,
if
applicable.
A
person
who
violates
7
this
provision
of
the
bill
is
guilty
of
a
serious
misdemeanor.
8
A
serious
misdemeanor
is
punishable
by
confinement
for
no
more
9
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
10
$2,560.
11
The
bill
exempts
certain
people
from
the
requirement
to
12
obtain
an
establishment
license,
including
massage
therapists
13
providing
massage
therapy
at
a
customer’s
location,
operators
14
of
devices
such
as
massage
chairs,
certain
licensed
health
15
care
professionals,
student
clinics
operated
by
a
school
of
16
massage
therapy,
and
sole
practitioners.
The
bill
defines
17
“sole
practitioner”
as
a
massage
therapist
who
provides
18
massage
therapy
at
a
location
over
which
the
massage
therapist
19
exercises
physical
control
and
from
which
only
the
massage
20
therapist
offers
and
provides
massage
therapy.
21
The
bill
requires
the
board
to
adopt
rules
to
implement
22
the
bill.
The
rules
shall
include
application,
sanitation,
23
building
safety,
record
retention,
inspection,
and
license
24
transfer
requirements.
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