SB429 Summary

• Restructures criminal background check requirements for massage therapy licensees by allowing applicants with 5 years continuous Arkansas residency to require only state checks, while out-of-state applicants or those unable to prove residency must obtain both state and national checks.

• Establishes a tiered disqualification system where certain serious offenses (capital murder, murder, kidnapping, rape, sexual assault, child endangerment, incest, arson, and adult abuse felonies) result in permanent disqualification from licensure.

• Allows the Department of Health to waive disqualifications for other prohibited offenses if 5 years have passed since conviction and release from custody, or if the applicant is currently licensed, subject to director approval.

• Permits applicants to request waivers within 15 calendar days of disqualification, with consideration of factors including age at time of crime, circumstances, time elapsed, work history, references, and whether the person poses a threat to client safety.

• Adds provisions allowing the Department of Health to conduct additional background checks at state expense on licensed massage therapists and schools under investigation for chapter violations.