HB 7 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

Minor-Brown &HOUSE Rep.OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.

Osienski1 &TO Rep.HOUSE BILL NO.

Longhurst7 &AMEND Sen.House Bill No.

Walsh7 Reps.on line 8 by inserting “, with the exception of a conviction for any felony sexual offense as defined under § 761 of Title 11 or unlawful sexual contact in the third degree as defined under § 767 of Title 11,” after “date of conviction” and before the comma therein.

K.FURTHER AMEND House Bill No.

Johnson,7 Kowalko,on Mitchell;lines 14 and 15 by deleting “and for all other felonies, more than 2 years have elapsed since the date of conviction” as it appears therein.

Sens.FURTHER AMEND House Bill No.

Delcollo,7 Poore,after Townsendline HOUSE21 OFand REPRESENTATIVESbefore 150thline GENERAL22 ASSEMBLYby HOUSEinserting BILLthe NO.following and redesignating accordingly:

7“c. AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.

BEFor ITwaiver ENACTEDof BYa THEconviction GENERALfor ASSEMBLYunlawful OFsexual THEcontact STATEin OFthe DELAWARE:third degree, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence, must be in substantial compliance with all court orders pertaining to fines, restitution and community service, and the Board shall continue to have the discretion to grant or deny the waiver for this specific conviction regardless of the amount of time that has passed since the date of conviction.” FURTHER AMEND House Bill No.

Section7 1.after line 162 by inserting the following:

Amend“Section §6. 5308, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Amend § 5308.5308(a)(10), Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Qualifications(10) Has not been convicted of applicant;a felony sexual offense as defined under § 761 of Title 11;

reportand” SYNOPSIS This amendment corrects a technical error and states that waiver of the misdemeanor of unlawful sexual contact 3rd degree is under the discretion of the Board whether to Attorneygrant General;or deny the waiver regardless of the passage of time since the date of conviction.

judicial review.

(a) An applicant who is applying for licensure as a massage and bodywork therapist under this chapter shallmust submit evidence, verified by oath and satisfactory to the Board, that such person:

(9) Has not been convicted of a crime that is substantially related to the practice of massage and bodywork.

In determining whether a crime is substantially related to the practice of massage and bodywork, the Board may not consider a conviction where more than 10 years have elapsed since the date of conviction, if there have been no other criminal convictions in the intervening time.

However, afterAfter a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, or during the time period between Board meetings, the Board President or the President’s designee, may waive this paragraph (a)(9), if it finds all of the following:

a.

For waiver of a felony conviction, where the crime was committed against a person, more than 35 years have elapsedpassed since the date of the conviction and for all other felonies, more than 2 years have elapsed since the date of conviction.

and for all other felonies, more than 2 years have elapsedpassed since the date of conviction.

At the time of the application the applicant may not be incarcerated, on work release, on probation on or on parole at Level III Supervision or higher, or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b.

For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c.

The applicant is capable of practicing massage and bodyworks in a competent and professional manner.

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The granting of the waiver will not endanger the public health, safety or welfare;

Section 2.

This Bill takes effect 90 days after enactment.

SYNOPSIS This Bill modifies the impact of criminal history on an applicant’s eligibility for licensure and thereby removes certain barriers to employment.

It gives the Board the discretion to grant a waiver of a felony conviction for a crime committed against a person where more than 3 years have elapsed since the date of conviction, and for all other felonies, more than 2 years have elapsed since the date of conviction.

The Board will be precluded from considering a conviction where more than 10 years have elapsed since the date of conviction, if there have been no other criminal convictions in the intervening time.

The statute already prohibits licensure to anyone that has a felony sexual offense conviction.

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