A. Between the effective date of this act and May 1, 2017, the State Board of Cosmetology and Barbering shall issue a license to practice massage therapy to any person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant:

1. Is at least eighteen (18) years of age;

2. Has one or more of the following:

a.documentation that the applicant has completed and passed a nationally recognized competency examination in the practice of massage therapy,

b.an affidavit of at least five (5) years of work experience in the state, or

c.a certificate and transcript of completion from a massage school with at least five hundred (500) hours of education;

3. Provides proof of documentation that the applicant currently maintains liability insurance for practice as a massage therapist; and

4. Provides full disclosure to the Board of any criminal proceeding taken against the applicant including but not limited to pleading guilty or nolo contendere to, or receiving a conviction for, a felony crime that substantially relates to the practice of massage therapy and poses a reasonable threat to public safety.

B. To assist in determining the entry-level competence of an applicant who makes application for a license after May 1, 2017, the Board may adopt rules establishing additional standards or criteria for examination acceptance and may adopt only those examinations that meet the standards outlined in Section 4200.8 of this title.

C. 1. After May 1, 2017, except as otherwise provided in the Massage Therapy Practice Act, every person desiring to practice massage therapy in this state shall be required to first obtain a license from the Board.

2. After May 1, 2017, the Board may issue a license to an applicant who:

a.is at least eighteen (18) years of age,

b.provides documentation that the applicant has completed the equivalent of five hundred (500) hours of formal education in massage therapy from a state-licensed school,

c.provides documentation that the applicant has passed a nationally recognized competency examination approved by the Board,

d.provides proof that the applicant currently maintains liability insurance for practice as a massage therapist, and

e.provides full disclosure to the Board of any criminal proceeding taken against the applicant including pleading guilty or nolo contendere to, or receiving a conviction for, a felony crime that substantially relates to the practice of massage therapy and poses a reasonable threat to public safety.

D. As used in this section:

1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Added by Laws 2016, c. 292, § 5. Amended by Laws 2019, c. 363, § 73, eff. Nov. 1, 2019.