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Commissioner opposes stand‑alone fingerprint bill while sponsor pushes for combined approach
Summary
Senate Bill 234 would require fingerprint background checks for massage therapists. Supporters said fingerprinting helps screen predators and protect clients; the Department of Labor and Industry opposed a stand‑alone mandate, citing FBI approval constraints, cost and workload, and urged reliance on the compact's checks instead.
Senate Bill 234, introduced by Senator Willis Curdy, would require fingerprint background checks for massage therapists. Curdy framed the bill as a response to illicit operations and said he intends to work with stakeholders on an amendment to reconcile concerns.
Deborah Kimmet (Business League for Massage Therapy and Bodywork) asked the committee to combine SB234 with the compact (SB233) or otherwise run them in tandem so fingerprint provisions apply to compact licensees and Montana licensees alike. She told the committee "fingerprints don't lie" and argued fingerprinting is a common safeguard included in other occupational compacts.
Sarah Swanson, commissioner of the Montana Department of Labor and Industry, testified in opposition to SB234 as a stand‑alone law. Swanson said a universal background‑check requirement for all 2,115 massage therapy licensees in Montana would be problematic from both policy and implementation standpoints and emphasized federal constraints: "No background checks for all licensees are permissible. They are permissible as part of compacts," she said, explaining the department must obtain FBI approval and an ORI code designating a permissible purpose before running checks.
Swanson also provided complaint statistics to contextualize enforcement: 12 total complaints in 2023 and 32 in 2024, of which eight involved licensed therapists and 24 alleged unlicensed practice. She said the department has expanded enforcement tools for unlicensed practice and that many trafficking or illicit operations do not seek licenses.
Committee members asked about cost and timeline; Swanson estimated fingerprint checks cost roughly $30–$50 per individual and warned FBI approval has previously taken a year or more and sometimes required resubmission, which could delay implementation. Several senators expressed support for public‑safety measures but also concern about operational feasibility and the possibility of duplicating protections already in SB233.
The sponsor closed by acknowledging the need for further drafting and stakeholder work. No committee vote on SB234 was recorded in the transcript.
