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Legislators in Arizona passed a bill that established new background screening requirements for massage therapists who operate in the Grand Canyon state.

About The Law

Arizona’s House Bill 2438 (HB2438) created new background check requirements for massage therapists. The bill strengthens existing standards, which require potential therapists to undergo a criminal background check, including fingerprinting, prior to obtaining a license. It also says that applicants must be at least 18 and not have been convicted of certain criminal offenses within the previous five years.

Updates to the law mandate that applicants must possess a valid fingerprint clearance card to receive an initial massage therapist license, renew a current license or obtain a temporary license or reinstatement. To acquire this card, individuals must undergo a comprehensive screening.

Applicants are ineligible to receive a license if they have been convicted of a misdemeanor involving “prostitution or solicitation or other another similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.”

HB2438 was approved by legislators, signed into law by Governor Doug Ducey and is scheduled to go into effect on January 1, 2023. Learn more about the bill.

Why The Legislation Was Introduced

The state’s Board of Massage Therapists reviews the background checks of applicants and people who work as therapists. They were accused of not being effective at preventing “bad actors” from obtaining licenses and being allowed to operate in the state. Allegations of sexual abuse and other offenses have been levied against numerous massage therapists over the last few years

State legislators reviewed the background check process and determined that massage therapists should go through the same level of background screening as teachers and other professionals. Their goal is to identify people who are not eligible to do that type of work and deny them an opportunity to obtain a license. This is hoped to greatly reduce the possibility that people with serious convictions will be allowed to work with the public.

The Importance Of Comprehensive Screening

The passing of this law highlights the urgency of thoroughly screening individuals who apply for certain licenses or positions. According to a report that was released following an investigation, people in Arizona have been allowed to operate as massage therapists despite having complaints of sexual misconduct against them. Numerous consumers in AZ have reported that they had no way to know if a therapist was legally authorized to work or if they had allegations against them.

A comprehensive background check can show if a person has serious criminal offenses that would make them ineligible for certain positions. Employers use them to help maintain safe workplaces and avoid negligent hiring claims. Most states have a variety of screening laws in place to help protect the public. This is even more important when a person might have direct contact with vulnerable individuals, such as children or elderly individuals.

If You Need Background Checks

If your organization needs employment background checks, please contact us. Our experienced team can help you customize reports for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.