Revision: March 30, 2026, 12:05 p.m.
HB 1458-FN - AS AMENDED BY THE HOUSE
19Feb2026... 0638h
19Feb2026... 0833h
26Mar2026... 1188h
2026 SESSION
26-3250
09/08
HOUSE BILL 1458-FN
SPONSORS: Rep. Layon, Rock. 13; Rep. Harriott-Gathright, Hills. 10; Rep. Lascelles, Hills. 14; Rep. Tripp, Rock. 13
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill establishes a licensure requirement to operate massage establishments and massage, reflexology, structural integration, and Asian bodywork facilities and establishes standards for the operation of such facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Feb2026... 0638h
19Feb2026... 0833h
26Mar2026... 1188h 26-3250
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Massage Therapists and Massage Establishments. RSA 328-B:2, VII is repealed and reenacted to read as follows:
VII. “Massage establishment” means a commercial location where massage is advertised, and where massage is performed by more than one person. "Massage establishment" does not include locations where massage is offered as an adjunct to medical care in a location or facility operated by licensed healthcare professionals operating within their scope of practice, temporary and incidental massage offered in the open in public accommodations, or other exceptions as permitted by rules.
VII-a. “Massage establishment proprietor” means the person operating a massage establishment, specifically a person responsible for the lease or ownership of the massage establishment, daily operations, and hiring or contracting with massage therapists practicing within the establishment. "Massage establishment proprietor" does not include a property owner not involved in business operations. A proprietor shall ensure that they and all massage therapists employed or contracted for by the establishment hold a massage therapy license.
2 Massage Therapists and Massage Establishments; Prohibited Acts. RSA 328-B:3, II is repealed and reenacted to read as follows:
II. Act as a massage establishment proprietor without holding the proprietor license and a massage therapy license issued pursuant to this chapter.
3 New Subparagraphs; Massage Therapists and Massage Establishments; Rulemaking. Amend RSA 328-B:4, VII by inserting after subparagraph (l) the following new subparagraphs:
(m) Exemptions from the definition of massage establishment which maintain the intention to require a proprietor license only for those locations where there are multiple massage therapists working in a location where there is no other oversight or visibility to the public or passersby. The board shall recommend an exemption to the definition of massage establishment to permit occasional assistance by another licensed massage therapist.
(n) The qualifications for a massage establishment proprietor including verification of identity through provision of a social security number or tax identification number and no prior convictions under RSA 633, RSA 632-A, RSA 645:2, RSA 649-A or similar laws in other states, as verified by a background check conducted by the department of safety, division of state police and a background check conducted by the Federal Bureau of Investigation, with all associated costs to be paid by the licensee.
4 Massage Therapists and Massage Establishments; Advisory Board of Massage Therapists. Amend RSA 328-B:5 to read as follows:
328-B:5 Advisory Board of Massage Therapists.
The executive director shall establish the advisory board of massage therapists. The board shall consist of 3 massage therapists who are licensees in the state of New Hampshire. The members shall be appointed for 3 years, staggered so that the term of one member expires each year, and they shall hold office until successors are appointed[, and shall serve on the board without any compensation]. In no event shall a member serve more than 2 full consecutive terms. The board shall:
I. Review the qualifications of applicants for licenses.
II. Review the qualifications of individuals desiring to conduct massage workshops or seminars who are not licensed in this state.
III. Review the continuing education programs for licensees.
IV. Review the exemptions to the definition of massage establishments and qualifications for a massage establishment proprietor license.
V. Advise the executive director regarding the implementation of this chapter.
5 Massage Therapists and Massage Establishments; License Renewal. Amend RSA 328-B:7 to read as follows:
328-B:7 License Renewal. All licenses issued pursuant to this chapter shall expire in accordance with RSA 310:8 [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.].
6 Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Definitions. RSA 328-H:2, III is repealed and reenacted to read as follows:
III. “Bodywork establishment” means a commercial location where reflexology, structural integration, and/or Asian bodywork therapy is advertised, and where it is practiced by more than one person. "Bodywork establishment" does not include locations where bodywork is offered as an adjunct to medical care in a location or facility operated by licensed healthcare professionals operating within their scope of practice, temporary and incidental bodywork offered in the open in public accommodations, or other exceptions as permitted by rules.
7 New Paragraph; Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Definitions. Amend RSA 328-H:2 by inserting after paragraph VII the following new paragraph:
VIII. “Proprietor” means the person operating an establishment at a specific location which offers services licensed under this chapter by 2 or more practitioners. "Proprietor" shall include a person responsible for the lease or ownership of the establishment, and the hiring or contracting with practitioners operating within the establishment. A "proprietor" shall not include a property owner not involved in business operations. A proprietor shall ensure that they and all bodywork practitioners employed or contracted for by the establishment hold a practitioner license.
8 New Paragraph; Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Prohibited Acts. Amend RSA 328-H:4 by inserting after paragraph V the following new paragraph:
VI. Operate a bodywork establishment without holding a proprietor license and practitioner license issued pursuant to this chapter.
9 New Subparagraphs; Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Rulemaking. Amend RSA 328-H:5, VIII by inserting after subparagraph (l) the following new subparagraphs:
(m) Exemptions from the definition of bodywork establishment which maintain the intention to require a proprietor license only for those locations where there are multiple practitioners working in a location where there is no other oversight or visibility to the public or passersby. The board shall recommend an exemption to the definition of bodywork establishment to permit occasional assistance by another licensed practitioner.
(n) The qualifications for a bodywork establishment proprietor including verification of identity through provision of a social security number or tax identification number and no prior convictions under RSA 633, RSA 632-A, RSA 645:2, RSA 649-A or similar laws in other states, as verified by a background check conducted by the department of safety, division of state police and a background check conducted by the Federal Bureau of Investigation, with all associated costs to be paid by the licensee.
10 Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Renewal of Practitioner License. RSA 328-H:9 is repealed and reenacted to read as follows:
328-H:9 Renewal of License. All licenses issued pursuant to this chapter shall expire in accordance with RSA 310:8.
11 New Section; Massage Therapists and Massage Establishments; Criminal History Records Checks. Amend RSA 328-B by inserting after section 6 the following new section:
328-B:6-a Criminal History Record Checks.
I. Every applicant for initial permanent licensure or reinstatement shall submit to the office of professional licensure and certification a criminal history record information authorization form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record information, if any, to the office of professional licensure and certification.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office of professional licensure and certification may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The office of professional licensure and certification shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office of professional licensure and certification.
IV. The office of professional licensure and certification shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
12 New Section; Reflexologists; Structural Integrators, and Asian Bodywork Therapists; Practitioner License; Criminal History Record Checks. Amend RSA 328-H by inserting after section 8 the following new section:
328-H:8-a Criminal History Record Checks.
I. Every applicant for initial permanent licensure or reinstatement shall submit to the office of professional licensure and certification a criminal history record information authorization form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record information, if any, to the office of professional licensure and certification.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification, approved by the commissioner of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office of professional licensure and certification may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The office of professional licensure and certification shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office of professional licensure and certification.
IV. The office of professional licensure and certification shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
13 Effective Date. This act shall take effect July 2, 2027.
26-3250
03/27/2026
HB 1458-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2026-1188h)
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2028 through 2029.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification