Read the full stored bill text
Senate
File
2205
-
Introduced
SENATE
FILE
2205
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
2068)
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.
a.
Beginning
January
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
b.
The
board
shall
require
the
owner
of
an
establishment
26
to
provide
fingerprints
to
the
board
and
shall
submit
the
27
fingerprints
to
the
federal
bureau
of
investigation
through
28
the
state
criminal
history
repository
for
the
purpose
of
a
29
national
criminal
history
check,
except
that
the
department
of
30
inspections,
appeals,
and
licensing
may
adopt
rules
exempting
a
31
person
who
has
previously
submitted
fingerprints
to
the
federal
32
bureau
of
investigation
through
the
state
criminal
history
33
repository
for
the
purpose
of
a
national
criminal
history
check
34
as
part
of
an
application
for
a
license
to
practice
massage
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therapy.
1
2.
The
application
must
be
accompanied
by
the
license
fee
2
determined
pursuant
to
section
147.80.
The
license
is
valid
3
for
a
period
as
determined
by
the
department
of
inspections,
4
appeals,
and
licensing
by
rule
and
may
be
renewed.
5
3.
The
board
may
deny
an
application
for
an
establishment
6
license
if
the
applicant
is
any
of
the
following:
7
a.
A
massage
therapist
who
is
not
in
good
standing
with
the
8
board
or
whose
license
is
currently
suspended.
9
b.
A
person
who
is
under
criminal
investigation
or
who
has
10
a
criminal
history
determined
by
the
board
to
be
disqualifying.
11
The
board
may
also
consider
criminal
investigations
and
12
histories
of
owners
and
officers
of
an
applicant
that
is
a
13
legal
person.
Disqualifying
criminal
acts
include
but
are
not
14
limited
to
human
trafficking
as
described
in
section
710A.2,
15
sexual
exploitation
of
a
minor
as
described
in
section
728.12,
16
sexual
abuse
as
defined
in
section
709.1,
money
laundering
as
17
described
in
section
706B.2,
child
abuse
as
defined
in
section
18
232.68,
and
dependent
adult
abuse
as
defined
in
section
235B.2.
19
4.
The
board
may
revoke
an
establishment
license
based
20
upon
public
complaint,
upon
receiving
evidence
of
misconduct
21
or
disqualifying
criminal
acts
at
the
establishment,
or
if
the
22
board
discovers
that
the
application
for
the
establishment
23
license
was
fraudulent.
24
5.
The
board
may
take
emergency
action
to
suspend
the
25
license
of
an
establishment
if
the
board
learns
of
pending
26
criminal
charges
against
an
establishment
owner
or
officer.
An
27
establishment
shall
not
operate
with
a
suspended
license.
28
6.
An
establishment
shall
keep
records
for
a
period
of
three
29
years
from
the
date
the
record
is
created,
which
shall
include
30
all
of
the
following:
31
a.
The
name
and
license
number
of
each
massage
therapist
who
32
has
worked
at
the
establishment.
33
b.
A
calendar
or
schedule
of
appointments
and
receipts
which
34
shall
include
the
name
of
each
client,
and
the
name
of
each
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massage
therapist
who
provided
massage
therapy
to
the
client.
1
c.
Any
other
records
required
by
the
board
by
rule.
2
7.
A
school
of
massage
therapy
teaching
a
massage
therapy
3
curriculum
approved
by
the
board
is
exempt
from
licensing
as
4
an
establishment.
5
8.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
6
to
implement
this
section,
which
shall
include
all
of
the
7
following:
8
a.
A
process
for
the
evaluation
of
applications
and
the
9
issuance
of
establishment
licenses.
10
b.
Requirements
for
adequate,
safe,
and
sanitary
11
establishments.
12
c.
Requirements
for
compliance
with
state
and
local
13
building,
fire,
and
health
codes
necessary
to
ensure
the
safe
14
and
effective
practice
of
massage
therapy.
15
d.
Requirements
for
retention
of
client
and
ownership
16
records.
17
e.
Requirements
for
initial
and
periodic
sanitary
18
inspections
of
establishments.
19
f.
Requirements
for
the
transfer
of
an
establishment
20
license.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
licensure
of
massage
therapy
25
establishments.
Beginning
July
1,
2027,
the
bill
requires
26
a
massage
therapy
establishment,
defined
in
the
bill
as
a
27
location
where
massage
therapy
is
practiced,
to
obtain
a
28
license
in
order
to
operate.
The
bill
requires
an
applicant
29
to
submit
an
application
in
a
form
prescribed
by
the
board
30
of
massage
therapy
(board)
and
it
must
be
accompanied
by
an
31
application
fee.
The
board
may
perform
a
sanitary
inspection
32
of
a
proposed
establishment
prior
to
issuing
a
license
and
33
biennially
thereafter,
or
upon
receipt
of
a
complaint.
34
The
bill
requires
the
owner
of
an
establishment
to
submit
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fingerprints
to
the
board,
who
shall
submit
the
fingerprints
1
to
the
state
criminal
history
repository
to
conduct
a
2
national
criminal
history
check
through
the
federal
bureau
of
3
investigation.
However,
the
bill
allows
the
department
of
4
inspections,
appeals,
and
licensing
to
adopt
rules
exempting
a
5
person
who
has
previously
undergone
a
national
criminal
history
6
check
as
part
of
an
application
for
a
license
to
practice
7
massage
therapy.
8
The
bill
allows
the
board
to
deny
an
application
if
the
9
applicant
is
a
massage
therapist
who
is
not
in
good
standing
10
or
holds
a
suspended
license,
or
if
the
applicant
is
under
11
criminal
investigation
or
has
a
disqualifying
criminal
history,
12
as
described
in
the
bill.
The
bill
allows
the
board
to
revoke
13
a
license
based
on
public
complaint,
upon
receiving
evidence
14
of
misconduct,
including
disqualifying
criminal
acts,
or
upon
15
a
finding
that
the
application
was
fraudulent.
The
board
may
16
also
take
emergency
action
to
suspend
a
license
upon
discovery
17
of
pending
criminal
charges
against
an
establishment
owner
18
or
officer.
An
establishment
license
is
valid
for
a
period
19
established
by
the
department
of
inspections,
appeals,
and
20
licensing
by
rule
and
may
be
renewed.
21
The
bill
requires
an
establishment
to
maintain
certain
22
records
for
three
years,
including
information
regarding
23
massage
therapists
who
have
worked
at
the
establishment
and
the
24
clients
to
whom
they
have
provided
massage
therapy.
The
bill
25
also
requires
a
person
under
investigation
by
a
peace
officer
26
for
the
provision
of
illegal
services
to
provide
a
copy
of
the
27
establishment
license,
if
applicable.
A
person
who
violates
28
this
provision
of
the
bill
is
guilty
of
a
serious
misdemeanor.
29
A
serious
misdemeanor
is
punishable
by
confinement
for
no
more
30
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
31
$2,560.
32
The
bill
exempts
certain
people
from
the
requirement
to
33
obtain
an
establishment
license,
including
massage
therapists
34
providing
massage
therapy
at
a
customer’s
location,
operators
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of
devices
such
as
massage
chairs,
certain
licensed
health
1
care
professionals,
student
clinics
operated
by
a
school
of
2
massage
therapy,
and
sole
practitioners.
The
bill
defines
3
“sole
practitioner”
as
a
massage
therapist
who
provides
4
massage
therapy
at
a
location
over
which
the
massage
therapist
5
exercises
physical
control
and
from
which
only
the
massage
6
therapist
offers
and
provides
massage
therapy.
7
The
bill
requires
the
board
to
adopt
rules
to
implement
8
the
bill.
The
rules
shall
include
application,
sanitation,
9
building
safety,
record
retention,
inspection,
and
license
10
transfer
requirements.
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