HB 2438 — massage therapists; fingerprinting; website information

HouseSenate Engrossed House Bill massage therapists;

website information State(now: of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HOUSE BILL 2438 AN ACT AMENDING SECTIONS 32-4203, 32-4222, 32-4259, 41-619.51, 41-1758 AND 41-1758.01, ARIZONA REVISED STATUTES;

massage therapists;

fingerprinting) State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session CHAPTER 281 HOUSE BILL 2438 AN ACT AMENDING SECTIONS 32-4203, 32-4222, 41-619.51, 41-1758 AND 41-1758.01, ARIZONA REVISED STATUTES;

Section 32-4259, Arizona Revised Statutes, is amended to read:

32-4259.

Access to information;

public website;

confidential information;

display of license A.

Any person has access to the following information, WHICH SHALL BE SEARCHABLE ON THE BOARD'S PUBLIC WEBSITE:

1.

A list of licensees that includes the licensee's place of practice, license number, date of license expiration and status of license.

2.

NOTWITHSTANDING ANY OTHER LAW, a list of official actions taken by the board AGAINST EACH LICENSEE, INCLUDING ADVISORY LETTERS, NONDISCIPLINARY ORDERS, CONSENT AGREEMENTS, LETTERS OF REPRIMAND, DECREES OF CENSURE, PERIODS AND TERMS OF PROBATION AND ANY OTHER DISCIPLINARY OR NONDISCIPLINARY ACTION TAKEN BY THE BOARD.

3.

EACH PLACE OF PRACTICE OR BUSINESS THAT EMPLOYS A LICENSEE AS A MASSAGE THERAPIST.

B.

Unless they are the only address and telephone number available, the home address and home telephone number of a massage therapist are not public records and the board shall keep this information confidential.

C.

Except in the course of a board investigation, information pertaining to the relationship between the massage therapist and a person treated by the massage therapist is confidential and may not be communicated to a third party who is not involved in that person's care without that person's prior written consent.

If the person is a minor, the person's parent or guardian must also give written consent to these communications.

D.

The massage therapist must divulge to the board information it requires in connection with any investigation, public hearing or proceeding, including information that is otherwise confidential pursuant to this section.

E.

The privilege established by this section does not extend to cases in which the massage therapist has a duty to report information as required by law.

F.

The board shall provide access to the application, license, investigation and discipline files maintained by the board to law enforcement agencies and other regulatory agencies of this state.

- 4 - H.B.

2438 G.

Each licensee shall display a copy of the licensee's license or current renewal verification in an establishment, location or setting that is accessible to public view at each location at which the licensee practices massage therapy.

Sec.

4.

(f)- Section4 8-802.- H.B.

2438 (f) Section 8-802.

-(j) 5Section -15-512. H.B.

2438 (j) Section 15-512.

(xx)- (yy)5 Section- 36-897.01.H.B.

2438 (xx) (yy) Section 36-897.01.

-(bbb) 6(ccc) -Section H.B.41-1964.