Revision: Jan. 9, 2023, 3:12 p.m.
HB 341-FN - AS INTRODUCED
2023 SESSION
23-0040
09/10
HOUSE BILL 341-FN
AN ACT establishing licensure for massage establishments.
SPONSORS: Rep. Grote, Rock. 24; Rep. Schmidt, Straf. 14; Rep. K. Murray, Rock. 22; Sen. Altschiller, Dist 24; Sen. Watters, Dist 4
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes licensure for massage establishments under the regulation of massage therapists by the office of professional licensure and certification.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0040
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT establishing licensure for massage establishments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Regulation of Massage Therapists and Massage Establishments. Amend RSA 328-B:1 to read as follows:
328-B:1 Regulation of Massage Therapists and Massage Establishments. The general court, to protect the health, safety, and welfare of the people of the state of New Hampshire, establishes a regulatory program for massage therapists, including establishing basic qualifications for licensure of massage therapists and massage establishments.
2 New Paragraph; Massage Therapy and Massage Establishments; Definitions; Establishment. Amend RSA 328-B:2 by inserting after paragraph III the following new paragraph:
III-a. "Establishment" means the place where the profession of massage is practiced. "Establishment" shall include any building in which 2 or more massage therapists work for the same employer.
3 New Paragraph; Massage Therapy and Establishments; Definitions; Sole Proprietor. Amend RSA 328-B:2 by inserting after paragraph VIII the following new paragraph:
IX. "Sole proprietor" means any person who owns a business by himself or herself, and who does not employ any additional employees.
4 New Paragraph; Massage Therapists and Massage Establishments; Prohibited Acts. Amend RSA 328-B:3 by inserting after paragraph VI the following new paragraphs:
VII. Operate an establishment without an establishment license.
VIII. Operate an establishment unless such establishment is, at all times, under the direct supervision and management of a professional licensed pursuant to this chapter.
5 New Paragraph; Massage Therapists and Massage Establishments; Rulemaking. Amend RSA 328-B:4 by inserting after paragraph VII the following new paragraph:
VIII. Pursuant to RSA 541-A, adopt rules relative to massage establishments, including:
(a) The issuance, suspension, revocation, renewal, and denial of massage establishment licenses.
(b) Procedures for holding hearings and conducting investigations pursuant to paragraph II concerning massage establishments.
(c) Conditions, requirements, and standards for operation under an establishment license, including health and safety standards.
(d) Standards and procedures for inspections of establishments, including inspections conducted as part of the initial licensing process.
(e) Application forms and procedures to open, close, relocate, or renew an establishment.
(f) Requiring public display of licensure, and secure record keeping procedures.
(g) Procedures for disciplinary action, including cease and desist orders, suspension, limitation, or revocation of establishment licensure.
(h) Requiring massage establishments to obtain certificates of good standing from the secretary of state.
(i) Qualifications for exemption of schools, health facilities, or others from massage establishment license requirements in RSA 329-B:14.
(j) Required documentation to verify sole proprietor or independent contractor designation.
6 New Paragraph; Massage Therapists and Massage Establishments; License Renewal. Amend RSA 328-B:6 by inserting after paragraph I the following new paragraph:
I-a. Initial licenses shall be valid until the next succeeding expiration date pursuant to RSA 328-B:7.
7 Massage Therapists and Massage Establishments; License Renewal. Amend RSA 328-B:6 and 328-B:7 to read as follows:
328-B:7 License Renewal. All licenses issued pursuant to this chapter shall expire on the last day of the birth month of the licensee in the even-numbered year, upon approval of the executive director of the renewal application and submission of the required renewal fee for massage therapists or the required fee as determined in rules adopted by the executive director for massage establishments.
8 Massage Establishments; License Revocation. Amend RSA 328-B:8, IV to read as follows:
IV. Is convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime, including prostitution, or a crime involving moral turpitude, or human trafficking.
9 New Paragraph; Massage Therapists and Massage Establishments; Exemptions. Amend RSA 328-B:10 by inserting after paragraph III the following new paragraphs:
IV. Nothing in this chapter shall be construed to require a residential care or health facility licensed pursuant to RSA 151:2 to obtain an establishment license pursuant to this chapter.
10 New Sections; Massage Establishment Licensure. Amend RSA 328-B by inserting after section 13 the following new sections:
328-B:14 Massage Establishment Licensure.
I. It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain an establishment without first having obtained an establishment license from the board. Any New Hampshire licensed massage therapist may obtain an establishment license upon application and payment of the initial licensure fee provided that the establishment meets all requirements established in the rules of the board. Massage establishment licenses granted pursuant to this chapter shall be conspicuously posted within the establishment.
II. In addition to licenses issued under paragraph I, the board may issue an establishment license to an applicant who does not hold a personal massage therapist license provided that the owner employs a licensed massage therapist as manager. Nothing in this paragraph shall authorize such an owner to personally engage in massage therapy.
III. This section shall not apply to a sole proprietor or to independent contractors. If a sole proprietor or independent contractor is providing services without a prior appointment, the sole proprietor or independent contractor shall obtain an establishment license.
IV. Only establishments issued a license by the executive director shall use the terms “licensed massage establishment” or “massage establishment.”
V. The license fees for establishments shall be determined in rules adopted by the executive director under RSA 541-A. Establishments that are licensed as an establishment, shop, or facility under one of the occupations or professions regulated by the office of professional licensure and certification in RSA 310-A:1-a shall pay a reduced fee for a massage establishment license.
VI. No town or city shall adopt or enforce a bylaw or ordinance for the licensure of massage establishments, provided that any license issued by a municipality prior to the effective date of this section shall remain valid until the stated expiration of such license.
328-B:15 Inspectors.
I. The office of professional licensure and certification shall employ inspectors and authorize them to enter and inspect any establishment licensed pursuant to this chapter for the purpose of ascertaining compliance with this chapter and any administrative rules adopted pursuant to RSA 328-B:4. Each inspector shall file a report of inspection findings and results with the executive director after each inspection conducted. Salaries and necessary expenses shall be charged against the office of professional licensure and certification fund.
II. The executive director shall adopt rules under RSA 541-A relative to the qualifications of an inspector under this section.
328-B:16 Local Authority. Nothing in this chapter shall preclude municipalities from enacting local ordinances regulating and inspecting massage establishments in accordance with state law and consistent with this chapter.
11 Office of Professional Licensure and Certification; New Classified Position; Appropriation.
I. One program inspector, labor grade 21, is hereby established as a classified position in the office of professional licensure and certification.
II. The amount necessary to pay for the position established in paragraph I, which shall be in addition to any sums appropriated in 2021, 90:1, 01-21-21-216010-3302, for the division of enforcement, is hereby appropriated to the executive director of the office of professional licensure and certification. Salaries and necessary expenses shall be a charge against the office of professional licensure and certification fund established in RSA 310-A:1-e.
12 Effective Date. This act shall take effect 60 days after its passage.
23-0040
1/5/23
HB 341-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing licensure for massage establishments.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | In excess of $82,000 | In excess of $84,000 | In excess of $87,000 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Fund | |||
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METHODOLOGY:
This bill creates a new license for massage establishments under the regulation of massage therapists by the Office of Professional Licensure and Certification. The Office of Professional Licensure and Certification (OPLC) states to issue new licenses for massage establishments they would need an additional inspector position hired at a labor grade 21, step 1, for an additional $82,000 a year. The OPLC also states there may be additional administrative costs in the form of rule promulgation, legal support and additional advisory meetings. Lastly, the OPLC is unable to determine how many licenses would be issued although any additional revenue from massage establishment license fees would be attributable to the rules. However, the additional revenue from license fees would offset expenses associated with this bill.
It is assumed any fiscal impact would occur after FY 2023.
This bill does not establish or provide an appropriation for new positions.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification