Arizona Massage Board Warning

With all the massage busts in Phoenix a reminder to LMT's of important points.

If arrested for any felony or sex related misdemeanor I am told you are required to notify the Massage board within either 5 or 15 days or license is immediately revoked as of date of arrest.  I do not find this notification requirement in the law but am told this is made very clear to each LMT when they get licensed.  There are many Phoenix LMT's that did give proper notice of their arrest.

If notification is given it seems license can not be revoked unless found guilty. However the board is wanting details on the many cases that have been pending since 2011 and 2012.  

Over the last year some Phoenix LMT's have been getting notices wanting detailed explanation of case status etc.  If you plea to any felony (common if massage parlor)  or sex related misdemeanor it appears you are not qualified to be an LMT for 5 years.  

One  LMT with a great lawyer pled but to a charge not related to criminal enterprise or anything sexual. However, she is being pressed for details by the Board and will be questioned at the next Board meeting 3/25/13 to have her status reviewed.

There are 11 on the public agenda for "Discussion, Consideration and Possible Action on Investigative Reviews"  An assistant Attorney General always attends the meetings.  While the meeting is public it may go into private executive session regarding individual issues. The agenda's and minutes of each meeting with names of LMT's being discussed are public.

In prior meetings the format is the LMT must be present or license revoked.  In some cases lawyer is present. In an investigative action the case is summarized, the LMT or others can address the board and the board asks questions. Often a motion is made to go into executive session to obtain legal advice. In one case lasted 8 minuets then regular session reconvenes.

A reminder the requirements to be massage licensed is very broad in AZ (ARS 32-4201).  For example, "Bodywork therapy" means massage therapy and LMT license required.

Massage therapy" means the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement or provide general or specific therapeutic benefits:
(a) The manual application of compression, stretch, vibration or mobilization of the organs and tissues beneath the dermis, including the components of the musculoskeletal system, peripheral vessels of the circulatory system and fascia, when applied primarily to parts of the body other than the hands, feet and head.
(b) The manual application of compression, stretch, vibration or mobilization using the forearms, elbows, knees or feet or handheld mechanical or electrical devices.
(c) Any combination of range of motion, directed, assisted or passive movements of the joints.
(d) Hydrotherapy, including the therapeutic applications of water, heat, cold, wraps, essential oils, skin brushing, salt glows and similar applications of products to the skin.

There is an exception for pure "energy work" with no physical contact ONLY if customer is fully clothed.

Disciplinary action (usually revoke license) includes if;
Being convicted of a felony or other offense involving moral turpitude or any conviction for prostitution, solicitation or another similar offense. A conviction by a court of competent jurisdiction is conclusive evidence of the commission of the crime.

Engaging in sexual activity with a client.- This includes exposing female breasts, anyone's anus or genitals - no touch needed just exposing is sexual activity.

Remember the law was originally written in 1999 by the Christian group whose goal is to stamp out all sexual activity in Phoenix (and the U.S.) unless in marriage.  I testified before the city, on talk radio etc against some of the restrictions which include light bulb minimum sizes etc.

Anyone who "aids" or directs anyone to do massage without a license or break massage laws or permits someone to do so, is subject to a civil fine of up to $1000 for each violation or $5000 for each subsequent violation - penalties go to the state general fund - which badly needs your fine money!