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1 Purpose. Following the interim report of the commission to study human trafficking within illicit massage businesses, this act seeks to address the concern that a person with a criminal history including prostitution or human trafficking related charges may operate what appears to be a facility offering massage, reflexology, structural integration, or Asian bodywork therapy without holding a license for those services or without employing people with an appropriate license. Additionally, facilities which falsely claim to be legitimate businesses who participate in human trafficking commonly have trafficked people living in the business. For this reason, this act seeks to require a person to affirm that they have not been convicted of prostitution or other certain offenses in this or any other state, and to provide a method for appropriate government officials to view the entire facility without creating undue burden.
2 New Chapter; Massage, Reflexology, Structural Integration, and Asian Bodywork Facilities. Amend RSA by inserting after chapter 328-J the following new chapter:
CHAPTER 328-K
MASSAGE, REFLEXOLOGY, STRUCTURAL INTEGRATION, AND ASIAN BODYWORK FACILITIES
328-K:1 Purpose.
This chapter has been established for the sole purpose of addressing human trafficking in illicit massage businesses. The purposes of this section are to ensure that persons with convictions related to prostitution and human trafficking do not open businesses which purport to provide massage, reflexology, structural integration, and Asian bodywork therapy; and that trafficked persons are not living in such facilities.
328-K:2 Massage, Reflexology, Structural Integration, and Asian Bodywork Facilities License.
I. It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a massage, reflexology, structural integration, or Asian bodywork therapy facility in a commercial location without first having obtained a shop license from the board. Application for such shop license shall be made to the office of professional licensure and certification in writing and shall state the name and address of the owner of such shop, the shop's address, the business mailing address of the owner, and affirm that the applicant has not been convicted of prostitution or human trafficking related crimes in this or any state or country. The license shall be issued within 14 days, unless the applicant is denied for cause within the 14 day period. Licenses under this section shall be conspicuously posted within the licensed establishment.
II. It shall be a misdemeanor for persons to reside in a massage, reflexology, structural integration, or Asian bodywork therapy facility that is located in a commercial facility.
III. Any licensed massage therapist, reflexologist, structural integrator, or Asian bodywork therapist shall, upon written application accompanied by the required fees, receive a license to operate a massage, reflexology, structural integration, or Asian bodywork therapy facility in this state.
IV. In the event of a change of location of any facility licensed under this chapter and upon notice thereof, the office of professional licensure and certification shall issue a transfer of licensure of such facility to its new location. The board may take disciplinary action, in accordance with RSA 310, against any shop license upon a finding that such shop fails to comply with this chapter or the rules adopted by the board overseeing the licensed professions in the facility, or has committed professional conduct as defined in RSA 310. Nothing in this section shall be construed to prevent the board from taking disciplinary action in accordance with RSA 310 against any licensee managing or working at a shop.
V. In addition to licenses issued under paragraph III, the board may issue a license to an owner of a massage, reflexology, structural integration, or Asian bodywork therapy facility who does not personally engage in massage, reflexology, structural integration, or Asian bodywork therapy, provided the facility shall fulfill all requirements for licensure and provided further that the owner has paid the required license fee for such facility and employs a licensed massage, reflexology, structural integration, or Asian bodywork therapy facility as manager in the facility. However, this section shall not authorize such owner to practice massage, reflexology, structural integration, or Asian bodywork therapy unless the owner has a massage, reflexology, structural integration, or Asian bodywork therapy license.
VI. A massage, reflexology, structural integration, or Asian bodywork therapy facility license shall not be required for licensed individuals to practice massage, reflexology, structural integration, or Asian bodywork therapy at any non-commercial location including but not limited to their own residence or the residence of the client receiving services.
VII. The office of professional licensure and certification shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The form and content of the facilities license application;
(b) The fee for license application;
(c) The disqualifying convictions for ownership or operation of a massage, reflexology, structural integration, or Asian bodywork therapy facility;
(d) Procedures for access to all rooms and spaces in a massage, reflexology, structural integration, or Asian bodywork therapy facility if a complaint of a violation of paragraph II has been made to the office of professional licensure and certification; and
(e) A schedule of administrative fines for violations of this section.
3 Effective Date. This act shall take effect 90 days.
Text to be added highlighted in green.
1 Purpose. Following the interim report of the commission to study human trafficking within illicit massage businesses, this act seeks to address the concern that a person with a criminal history including prostitution or human trafficking related charges may operate what appears to be a facility offering massage, reflexology, structural integration, or Asian bodywork therapy without holding a license for those services or without employing people with an appropriate license. Additionally, facilities which falsely claim to be legitimate businesses who participate in human trafficking commonly have trafficked people living in the business. For this reason, this act seeks to require a person to affirm that they have not been convicted of prostitution or other certain offenses in this or any other state, and to provide a method for appropriate government officials to view the entire facility without creating undue burden.
2 New Chapter; Massage, Reflexology, Structural Integration, and Asian Bodywork Facilities. Amend RSA by inserting after chapter 328-J the following new chapter:
CHAPTER 328-K
MASSAGE, REFLEXOLOGY, STRUCTURAL INTEGRATION, AND ASIAN BODYWORK FACILITIES
328-K:1 Purpose.
This chapter has been established for the sole purpose of addressing human trafficking in illicit massage businesses. The purposes of this section are to ensure that persons with convictions related to prostitution and human trafficking do not open businesses which purport to provide massage, reflexology, structural integration, and Asian bodywork therapy; and that trafficked persons are not living in such facilities.
328-K:2 Massage, Reflexology, Structural Integration, and Asian Bodywork Facilities License.
I. It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a massage, reflexology, structural integration, or Asian bodywork therapy facility in a commercial location without first having obtained a shop license from the board. Application for such shop license shall be made to the office of professional licensure and certification in writing and shall state the name and address of the owner of such shop, the shop's address, the business mailing address of the owner, and affirm that the applicant has not been convicted of prostitution or human trafficking related crimes in this or any state or country. The license shall be issued within 14 days, unless the applicant is denied for cause within the 14 day period. Licenses under this section shall be conspicuously posted within the licensed establishment.
II. It shall be a misdemeanor for persons to reside in a massage, reflexology, structural integration, or Asian bodywork therapy facility that is located in a commercial facility.
III. Any licensed massage therapist, reflexologist, structural integrator, or Asian bodywork therapist shall, upon written application accompanied by the required fees, receive a license to operate a massage, reflexology, structural integration, or Asian bodywork therapy facility in this state.
IV. In the event of a change of location of any facility licensed under this chapter and upon notice thereof, the office of professional licensure and certification shall issue a transfer of licensure of such facility to its new location. The board may take disciplinary action, in accordance with RSA 310, against any shop license upon a finding that such shop fails to comply with this chapter or the rules adopted by the board overseeing the licensed professions in the facility, or has committed professional conduct as defined in RSA 310. Nothing in this section shall be construed to prevent the board from taking disciplinary action in accordance with RSA 310 against any licensee managing or working at a shop.
V. In addition to licenses issued under paragraph III, the board may issue a license to an owner of a massage, reflexology, structural integration, or Asian bodywork therapy facility who does not personally engage in massage, reflexology, structural integration, or Asian bodywork therapy, provided the facility shall fulfill all requirements for licensure and provided further that the owner has paid the required license fee for such facility and employs a licensed massage, reflexology, structural integration, or Asian bodywork therapy facility as manager in the facility. However, this section shall not authorize such owner to practice massage, reflexology, structural integration, or Asian bodywork therapy unless the owner has a massage, reflexology, structural integration, or Asian bodywork therapy license.
VI. A massage, reflexology, structural integration, or Asian bodywork therapy facility license shall not be required for licensed individuals to practice massage, reflexology, structural integration, or Asian bodywork therapy at any non-commercial location including but not limited to their own residence or the residence of the client receiving services.
VII. The office of professional licensure and certification shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The form and content of the facilities license application;
(b) The fee for license application;
(c) The disqualifying convictions for ownership or operation of a massage, reflexology, structural integration, or Asian bodywork therapy facility;
(d) Procedures for access to all rooms and spaces in a massage, reflexology, structural integration, or Asian bodywork therapy facility if a complaint of a violation of paragraph II has been made to the office of professional licensure and certification; and
(e) A schedule of administrative fines for violations of this section.
3 Effective Date. This act shall take effect 90 days.