Amendment vs bill Amendment Y1AWN2-1 vs Enrolled

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HB192 ENROLLED U9HEXX-2 By Representative Reynolds RFD:
Y1AWN2-1 04/11/2023 KMS (L)cr 2023-1437 SUB HB192 2 4 SYNOPSIS:
Conference Committee on HB192 First Read:
Under existing law, termination dates are established for enumerated state agencies.
23-Mar-23 2023 Regular Session Page 0 HB192 Enrolled Enrolled, An Act, 3 Relating to the Alabama Sunset Law;
The agencies are periodically reviewed by the Alabama Sunset Committee.
After the review process is completed, the committee prepares its recommendation for the agencies to the Legislature in the form of sunset bills which either continue, terminate, or continue with modification each agency reviewed.
This bill would provide for the continuance of the Alabama Board of Massage Therapy, with the following changes:
To require representation on the board from each Congressional District;
to require meetings to be recorded, upon request;
to require the publication of proposed rules and related proceedings on the board website;
to require the board to accept a criminal history check from an approved national board under certain circumstances;
and to cap certain fees charged by the board.
A BILL TO BE ENTITLED AN ACT Page 1 Relating to the Alabama Sunset Law;
To amend Sections 34-43-6, 34-43-9, 34-43-11, 34-43-14, 34-43-15, 34-43-20, and 34-43-21, Code of Alabama 1975, as amended by Act 2022-408, 2022 Regular Session;
To amend Sections 34-43-6, 34-43-9, 34-43-11, 34-43-12, 34-43-13, 34-43-14, 34-43-15, 34-43-20, and 34-43-21, Code of Alabama 1975, as amended by Act 2022-408, 2022 Regular Session;
to require the board to accept a criminal history check from an approved national board under certain circumstances;
Sections 34-43-6, 34-43-9, 34-43-11, 34-43-14, 34-43-15, 34-43-20, and 34-43-21 of the Code of Alabama 1975, as amended by Act 2022-408, 2022 Regular Session, are amended to read as follows:
Sections 34-43-6, 34-43-9, 34-43-11, 34-43-12, 34-43-13, 34-43-14, 34-43-15, 34-43-20, and 34-43-21 of the Code of Alabama 1975, as amended by Act 2022-408, 2022 Regular Session, are amended to read as follows:
Page 1 HB192 Enrolled "§34-43-6 (a) There is created the Alabama Board of Massage Therapy.
Page 2 "§34-43-6 (a) There is created the Alabama Board of Massage Therapy.
Each board member Page 2 HB192 Enrolled shall be a high school graduate or shall have received a graduate equivalency diploma.
Each board member Page 3 shall be a high school graduate or shall have received a graduate equivalency diploma.
Page 3 HB192 Enrolled (f) The board shall hold its first meeting within 30 days after the initial members are appointed.
Page 4 (f) The board shall hold its first meeting within 30 days after the initial members are appointed.
Upon the written request of any person, submitted to the board at least 24 hours in advance of a scheduled meeting, 95 the meeting shall be recorded.
Upon the written request of any person, submitted to the board at least 24 hours in advance of a scheduled meeting, the meeting shall be recorded.
(j) An affirmative vote of a majority of the members of the board shall be required to grant, suspend, or revoke a Page 4 HB192 Enrolled license to practice massage therapy or a license to operate a massage therapy establishment.
(j) An affirmative vote of a majority of the members of the board shall be required to grant, suspend, or revoke a Page 5 license to practice massage therapy or a license to operate a massage therapy establishment.
Upon receiving the oath, the Governor shall issue a certificate of appointment to each appointee." "§34-43-9 Page 5 HB192 Enrolled (a) A person desiring to be licensed as a massage therapist shall apply to the board on forms provided by the board.
Upon receiving the oath, the Governor shall issue a certificate of appointment to each appointee." "§34-43-9 Page 6 (a) A person desiring to be licensed as a massage therapist shall apply to the board on forms provided by the board.
Page 6 HB192 Enrolled (2) Successfully passed a national standardized examination approved by the board.
Page 7 (2) Successfully passed a national standardized examination approved by the board.
(b) Establishments shall contract with or employ only Page 7 HB192 Enrolled licensed massage therapists to perform massage therapy.
(b) Establishments shall contract with or employ only Page 8 licensed massage therapists to perform massage therapy.
The board, by rule, shall provide for the waiver of a new establishment license fee under circumstances where a licensee is moving locations and there is no change in the name or ownership of the establishment.
(e) Each unlicensed massage therapist applying for an establishment license shall be subject to a criminal history check or shall submit to the board proof of a completed criminal history check performed through the National Certification Board of Therapeutic Massage and Bodywork, or other national certifying board approved by the board, during the previous two-year period.
(e) Each unlicensed massage therapist applying for an establishment license shall be subject to a criminal history check.
The amount of the initial inspection fee shall be determined by rule of the board." "§34-43-14 (a) By rule, the board shall assess and collect the following fees not to exceed:
The amount of the initial inspection fee shall be determined by rule of the board." "§34-43-12 (a) Applications for initial licensure or renewal shall be on forms provided by the board and shall be accompanied by the proper fee.
A two-by-two photograph, taken no more than six months earlier, showing a frontal view of the head and shoulders of the applicant, shall be submitted with the application.
All documents shall be submitted in English.
Page 9 (b) Each applicant for initial licensure shall be subject to a criminal history check.
Refusal to consent to a criminal history check constitutes grounds for the board to deny the applicant's application for licensure.
(c) The board shall issue a license to each person who qualifies to be a massage therapist and to each qualified massage therapy establishment.
To be qualified for a license as a massage therapist the applicant shall successfully pass the examination, pay the examination fee, pass the criminal history check pursuant to rules adopted by the board, pay the criminal history check fee, and pay the license fee.
A license grants all professional rights, honors, and privileges relating to the practice of massage therapy.
(d) Each licensed therapist shall display his or her license in the manner specified by the board.
Each establishment shall post its license in plain sight and the license of each massage therapist who practices in the establishment.
(e) A license is the property of the board and shall be surrendered upon demand of the board." "§34-43-13 (a) Each license shall be renewed biennially, on or before the anniversary date, by forwarding to the board a renewal application accompanied by the renewal fee.
Each applicant for renewal for licensure shall be subject to a criminal history check.
Any license not renewed biennially on or before the anniversary date shall expire.
(b) Each licensee, upon application for renewal of a Page 10 license, shall do both of the following:
(1) Submit submit evidence of satisfactory completion of the continuing education requirements contained in Section 34-43-21.
(2) Consent to a criminal history check.
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Refusal to consent to a criminal history check constitutes grounds for the board to deny the licensee's application for renewal of the license.
(c) Licenses are valid for two years from the date of issuance.
An individual whose license has expired and who has ceased to practice massage therapy for a period of not longer than five years may have his or her license reinstated upon payment of a renewal fee and a late fee and submission of a renewal application and evidence satisfactory to the board that the applicant has fulfilled continuing education requirements, passed a criminal history check pursuant to rules adopted by the board, paid the criminal history check fee, and passed the examination.
(d) Subsequent to an official complaint, the board may request a criminal background check of the licensee through the district attorney of the circuit in which the licensee is located." "§34-43-14 (a) By rule, the board shall assess and collect the following fees not to exceed:
(2) Three hundred dollars ($300) One hundred dollars ($100) for all biennial license renewals postmarked or received at the office of the board by the date in on which Page 8 HB192 Enrolled the license expires.
(2) Three hundred dollars ($300) One hundred dollars Page 11 ($100) for all biennial license renewals postmarked or received at the office of the board by the date in on which the license expires.
(10) A fee, set by the board, for the criminal history check.
Page 12 (10) A fee, set by the board, for the criminal history check.
Page 9 HB192 Enrolled (11) A fee, set by the board, for an establishment inspection.
(11) A fee, set by the board, for an establishment inspection.
Complaints received by the board shall be referred to a standing investigative committee consisting of a board member, the Executive Director, the board attorney, and the board investigator.
Complaints received by the board shall be referred to a standing investigative committee consisting of a board member, the Executive Page 13 Director, the board attorney, and the board investigator.
If no probable cause is found, the investigative committee may Page 10 HB192 Enrolled dismiss the charges and prepare a statement, in writing, of the reasons for the decision.
If no probable cause is found, the investigative committee may dismiss the charges and prepare a statement, in writing, of the reasons for the decision.
(5) The licensee has violated or aided and abetted in the violation of this chapter.
(5) The licensee has violated or aided and abetted in Page 14 the violation of this chapter.
(6) The licensee is adjudicated as mentally incompetent Page 11 HB192 Enrolled by a court of law.
(6) The licensee is adjudicated as mentally incompetent by a court of law.
Impose an administrative fine of not more than twenty-five thousand dollars ($25,000) ten thousand dollars ($10,000) according to a disciplinary infraction fine schedule adopted by rule of the board.
Impose an administrative fine of not more than twenty-five thousand dollars ($25,000) ten thousand dollars ($10,000) according to a disciplinary infraction fine schedule Page 15 adopted by rule of the board.
Suspend or revoke the person's license to practice Page 12 HB192 Enrolled massage therapy.
Suspend or revoke the person's license to practice massage therapy.
The board may revoke an establishment license if a person is convicted of, or enters a plea of nolo contendere to, any crime involving prostitution or any other sexual offense against a client which occurred on the premises of the establishment.
The board may revoke an establishment license if a person is convicted of, or enters a plea of nolo contendere to, any crime involving prostitution or any other Page 16 sexual offense against a client which occurred on the premises of the establishment.
The violation is attached to the address Page 13 HB192 Enrolled of the establishment.
The violation is attached to the address of the establishment.
(2) Provide documentation of a curriculum which includes a minimum number of required hours of instruction in Page 14 HB192 Enrolled the subjects required pursuant to Section 34-43-9.
Page 17 (2) Provide documentation of a curriculum which includes a minimum number of required hours of instruction in the subjects required pursuant to Section 34-43-9.
(4) Any other requirements adopted by rule of the board." "§34-43-21 (a) The board is subject to the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Page 15 HB192 Enrolled Section 41-20-3.
(4) Any other requirements adopted by rule of the board." "§34-43-21 Page 18 (a) The board is subject to the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3.
(b) The board shall adopt a program of continuing education for licensees which shall be a requisite for the renewal of licenses issued pursuant to this chapter and not exceed the requirements of a board-approved nationally recognized board certification organization such as the National Certification Board of Therapeutic Massage and Bodywork." Section 4.
(b) The board shall adopt a program of continuing education for licensees which shall be a requisite for the renewal of licenses issued pursuant to this chapter and not exceed the requirements of a board approved nationally recognized board certification organization such as the National Certification Board of Therapeutic Massage and Bodywork." Section 4.
Page 16 HB192 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 06-Apr-23.
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John Treadwell Clerk Senate 18-Apr-23 Amended and Passed House 03-May-23 Passed, as amended by Conference Committee Senate 06-Jun-23 Passed, as amended by Conference Committee Page 17