Provides that the commission of prostitution offenses by any person upon premises controlled by a massage therapist constitutes professional misconduct

Those grounds include:

a) If a massage therapist is convicted of a any crime of prostitution, then such therapist automatically losses his or her license.

b} When within a 2 year period of time, there has been three arrests or more for any violation of prostitution laws on any premises or business that the massage therapist operates or in which is his or her regular place of employment, upon this occurrence, the State Education Department (SED) shall conduct a healing to consider revoking such massage therapists license. At this hearing, the therapist can maintain that they were not involved in any way with the perpetration of prostitution crimes and should be able to retain their license.

c} When a therapist is arrested for a violation of any prostitution law, or an arrest occurs at the same premises where such massage therapist works, then the State Education Department must conduct a hearing within 3 weeks of such arrest to determine such licensee's involvement or knowledge of such criminal activity.

d} If there are three convictions related to prostitution at the same premises that such therapist works or a business that they control, within a 2 year period of time, then such therapist shall lose their license. This revocation shall occur whether or not such therapist was accused or found guilty of prostitution charges.

Upon the arrest or conviction of a Massage Therapist of perpetrating any prostitution crime or working out of a massage parlor in which such activities occur, law enforcement shall notify the State Education Department (SED) of such events. This is done so that SED can track such events and suspend licenses of those massage therapists involved in such activities. Upon revocation of such license, the building owner of such premises and the District Attorney's Office shall be notified of such prostitution conviction and license revocation and nuisance proceedings can be commenced to evict such tenants that are perpetrating prostitution activities from such building.

Justification

The purpose of this bill is to give law enforcement officials the tools that they require to close down massage parlors that are merely a cover for prostitution rings. In addition, it gives SED the knowledge of the arrest and conviction of massage therapists who either have been individually arrested or convicted of prostitution or work in an environment where others have been arrested or convicted of prostitution.

Under current law, it is difficult to shut down businesses that are either operated by massage therapists or non-licensees who operate massage parlors that operate businesses in which prostitution activities occur. Unlike restaurants and bars, where the premises is licensed by the state Liquor Authority, it is difficult to shut down a massage parlor that is the site of prostitution activity. with a bar, if illegal activity occurs, the State Liquor Authority can revoke the license and the restaurant or bar cannot serve alcoholic beverages at such premises, hence the business fails. With massage therapists, the person is licensed, not the location, so therefore under current law, it is more difficult to close down the establishment in which prostitution is occurring under the cover of being a massage parlor.

Under this bill, if the massage therapist is arrested for prostitution, an expedited hearing will be held to consider revoking the license. If the massage therapist is convicted, such license is automatically revoked. If the illegal activity occurs at the same place of business, the State Education Department can hold a hearing to determine if the licensed massage therapist is was involved with such crimes or had knowledge of such crimes. If the massage therapist works at a place in which three arrests occur, even if such licensee is not arrested, then the Education Department may still revoke such therapists license.

Legislative history

2010 - S.6884 REFERRED TO HIGHER EDUCATION

Fiscal implications

None.

Effective date

Immediately.