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Senate Judiciary Committee approves bill clarifying prostitution convictions can affect massage-therapy licenses

JUDICIARY COMMITTEE - SENATE · January 21, 2021
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Summary

The committee passed Senate Bill 87 by voice vote to clarify that convictions for prostitution — including out-of-state convictions — may lead to denial, suspension or revocation of a massage-therapy license; Department of Health staff described past arrests and noted a 2019 background-check requirement.

The Senate Judiciary Committee on the floor passed Senate Bill 87 by voice vote after sponsors and Department of Health staff told the panel the measure clarifies when criminal convictions can affect massage-therapy licensure. Senator Johnson, who presented the bill, said, "This bill simply clarifies the criminal offense that would cause a denial suspension or revocation of licensure or massage therapy."

The bill extends existing licensing provisions to make clear that qualifying convictions from other states also may be considered for denial, suspension or revocation. A representative of the Department of Health told the committee the conduct addressed by the bill "is not a widespread issue, but it does come up," and recounted enforcement actions in recent years, citing one undercover arrest in Little Rock in 2014, two arrests in 2017 and three arrests in Sherwood in January 2018.

When asked whether applicants must undergo background checks, the department representative said background screening is already required: "As a part of the red tape reduction, acts that were passed in 2019, act 9 90 requires a criminal background check," and SB 87 would clarify how prior convictions are applied to applicants and disciplinary proceedings.

Committee members moved to pass the bill, and the panel conducted a voice vote in which members verbally registered "Aye." The chair declared the motion carried and congratulated Senator Johnson and Senator Hester on the bill's passage. The committee did not take a recorded roll-call vote; no numeric tally was provided in the transcript.

Earlier in the session the chair announced Senate Bill 18 would not be heard because the Judicial Council requested time to provide an amendment; the chair said that bill is expected to return for consideration at a later date. The Judiciary Committee tentatively scheduled its next meeting for Wednesday at 9:30 a.m. and adjourned.