PHOENIX — Tougher criminal background checks for massage therapists were supposed to start on January 1 under a new state law, but eight weeks into the new year, fingerprint clearance cards for massage therapists are still not being issued through the Arizona Department of Public Safety.
State officials told ABC15 they are still waiting for the FBI to approve the process.
The delay means additional safety protections for clients are not yet in place and new massage therapists can’t get licensed to work.
“The DPS Fingerprint Clearance Card Team is unable to accept any applications to be processed until the FBI has approved the language in the statute to conduct the Fingerprint Background check,” DPS spokesman Bart Graves wrote in an email.
ABC15 asked the FBI multiple times why there is a delay and when the FBI is expected to approve the process but did not get answers. In a statement, the Arizona State Board of Massage Therapy said the addition of fingerprint clearance cards will increase public protection, including providing the board with a real-time report when a licensed therapist is arrested. This is something that doesn’t exist now.
“Arizona state law historically has required a state licensee to report an arrest within 10 days to the State Board. This law is frequently ignored,” the board said.
The delay has created problems for recent massage school graduates. The Massage Board, the state agency that licenses therapists, has put new license applications on hold as a result. Applications are still being processed but licenses won’t be issued until fingerprint clearance cards are able to be issued.
License renewals are still being approved on a “provisional” basis, meaning therapists can continue to work, but they will need to get clearance cards once the FBI approves the process.
“None of us are happy about the hiccups this is creating for some people,” Massage Board member Michael Tapscott said at a meeting late last year when the board learned that there likely would be a delay in granting the fingerprint clearance cards.
Arizona has about 11,000 licensed massage therapists. The delay in granting new licenses comes at a time when therapists are in great demand and during the height of Arizona’s busy tourism season.
So far, about 145 licenses are on hold, according to the Massage Board, but that number is only expected to grow the longer it takes for the federal government to approve the cards.
Massage therapy schools are fielding calls and emails from worried graduates.
“It’s causing a lot of anxiety,” said Michelle Cordero, the director of education at ASIS Massage Education.
ASIS is one of the largest massage therapy programs in the state with schools in Mesa, Prescott, Flagstaff, and Tucson. Cordero said some graduates who applied for licenses in November still have not received them.
Dominique Parks, 34, is a student at the ASIS Mesa campus. She plans to graduate in April, but she’s already worried about the uncertainty surrounding licenses.
“I’m so close to the finish line,” said Parks.
School officials said it’s hard to advise graduates when they don’t have an answer on when the cards will start being granted. They worry that even if the fingerprint cards get approved soon, there will be a further delay in license processing time.
“We’re just feeling kind of stuck,” said Sara Zejda, who helps graduates of the Southwest Institute of Healing Arts in Tempe with their license applications.
Criminal background checks have been required for massage therapists for many years. But under the new state law, therapists also need a Level 1 fingerprint clearance card to get a license. Certain criminal convictions make a person ineligible to get a fingerprint clearance card.
Level 1 fingerprint clearance cards are required for many employees who work with children and vulnerable adults, including nursing home employees, pharmacists, physical therapists, and home inspectors.
DPS is notified when someone with a fingerprint clearance card is arrested in Arizona. If the arrest is listed as a “precluding offense,” DPS then suspends the person’s clearance card and notifies the state agency where the person is licensed.
This change means the Massage Board can step in sooner and potentially revoke or suspend the person’s license if the board believes public safety is at risk. Currently, therapists are required to self-report an arrest to the Massage Board, but this rarely happens. The board sometimes finds out about arrests for sexual abuse only by watching or reading the news.
“A fingerprint clearance card is a good step in solving our problems,” said Rep. Jennifer Longdon, D-Phoenix, during a legislative hearing for the bill last year. Longdon is a former massage therapist who sponsored the legislation, HB 2438.
Reach Investigator Anne Ryman at 602-685-6345 or anne.ryman@abc15.com.
