SB 2660

Abstract

Amends the Massage Licensing Act. Provides that, immediately after a person licensed under the Act has been charged with the offense of prostitution, rape, or sexual misconduct or with any crime that subjects the licensee to compliance with the requirements of the Sex Offender Registration Act, then the prosecuting attorney shall provide notice to the Department of Financial and Professional Regulation of the licensee's name, address, practice address, and license number and a copy of the criminal charges filed. Provides that, within 5 business days after receiving notice from the prosecuting attorney, the Secretary shall issue an administrative order that the licensee shall practice only with a chaperone who is a licensed health care worker present during all patient encounters pending the outcome of the criminal proceedings. Provides that the chaperone shall provide written notice to all of the licensee's patients before treatment explaining the Department's order to use a chaperone and each patient shall sign an acknowledgement that he or she received the notice. Provides that, within 5 business days after receipt of the administrative order, the licensee shall provide to the Department a written plan of compliance with the administrative order that is acceptable to the Department. Provides that failure to comply with the administrative order, failure to file a compliance plan, or failure to follow the compliance plan shall subject the licensed massage therapist to temporary suspension of his or her license until the completion of the criminal proceedings. Provides that, if the licensee is not convicted of the charge or if any conviction is later overturned by a reviewing court, the administrative order shall be vacated and removed from the licensee's record. Provides that the Department may adopt rules to implement the provisions. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Massage Licensing Act. Requires a prosecuting attorney to provide notice to the Department of Financial and Professional Regulation of the licensed massage therapist's name, address, practice address, and license number and a copy of the criminal charges filed immediately after a licensed massage therapist has been charged with any of the following offenses: an offense for which the sentence includes registration as a sex offender; involuntary sexual servitude of a minor; the crime of battery against a patient, including any offense based on sexual conduct or sexual penetration, in the course of patient care or treatment; or a forcible felony. Provides that, if the victim of the crime the licensee has been charged with is a patient of the licensee, the prosecuting attorney shall also provide notice to the Department of the patient's name. Within 5 business days after receiving notice from the prosecuting attorney of the filing of criminal charges against the licensed massage therapist, requires the Secretary of Financial and Professional Regulation to issue an administrative order that the licensed massage therapist shall practice only with a chaperone during all patient encounters pending the outcome of the criminal proceedings. Provides that the chaperone shall be a licensed massage therapist or other health care worker licensed by the Department. Provides that the chaperone shall provide written notice to all of the licensed massage therapist's patients explaining the Department's order to use a chaperone. Requires the licensed massage therapist to provide a written plan of compliance with the administrative order that is acceptable to the Department within 5 business days after receipt of the administrative order. Provides that failure to comply with the administrative order, failure to file a compliance plan, or failure to follow the compliance plan shall subject the licensed massage therapist to temporary suspension of his or her license until the completion of the criminal proceedings.