Colorado § 12-235-108 - License - requirements - denial of license application.

§ 12-235-108. License - requirements - denial of license application.

(1) Every applicant for a license to practice massage therapy shall:

(a) (I) Effective July 1, 2024, except as provided in subsection (1)(a)(II) of this section, attain a degree, obtain a diploma, or otherwise successfully complete a massage therapy program that consists of at least six hundred fifty total hours of coursework and clinical work from an approved massage school.

(II) An individual satisfies the requirement of subsection (1)(a)(I) of this section if the individual:

(A) Is enrolled and participating in a massage training program at an approved massage school on or before July 1, 2024; and

(B) Successfully graduates from the approved massage school on or before October 1, 2025.

(b) Pass an examination approved by the director;

(c) Submit an application in the form and manner specified by the director;

(d) Pay a fee in an amount determined by the director in accordance with section 12-20-105;

(e) Submit to a criminal history record check in the form and manner as described in subsection (2) of this section and, if necessary, subsection (2.5) of this section; and

(f) Document that the applicant will be at least eighteen years of age at the time of licensure.

(2) In addition to the requirements of subsection (1) of this section, each applicant must have his or her fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the director.

(2.5) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(3) After an applicant has fulfilled the requirements of subsections (1) and (2) of this section and, if necessary, subsection (2.5) of this section, the director shall issue a license to the applicant.

(4) The director shall issue a license by endorsement to an applicant who satisfies the requirements of the occupational credential portability program.

(5) Notwithstanding any provision of this section, the director may deny a license if the applicant has committed any act that would be grounds for disciplinary action under section 12-235-111 or if the director determines, subsequent to the criminal history record check, that the applicant was convicted of, pled guilty or nolo contendere to, or received a deferred sentence for a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitution-related offense, or a human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado.

(6) The director may deny a license if the director determines that the applicant is not competent, trustworthy, or of good moral character.

(7) Pursuant to sections 12-20-202 (5) and 24-5-101, the director shall consider whether an applicant with a criminal record has been rehabilitated, specifically considering whether the applicant has been a victim of human trafficking and the lapse of time since the offense.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1157, § 1, effective October 1; (1)(e) and (3) amended and (2.5) added, (HB 19-1166), ch. 125, p. 568, § 75, effective October 1. L. 2020: (4) amended, (HB 20-1326), ch. 126, p. 539, § 26, effective June 25. L. 2022: (2.5) amended, (HB 22-1270), ch. 114, p. 517, § 14, effective April 21; (1)(b) amended, (HB 22-1226), ch. 85, p. 410, § 3, effective September 1. L. 2024: (1)(a) amended, (SB 24-201), ch. 484, p. 3386, § 1, effective June 7.

Editor's note: (1) This section is similar to former § 12-35.5-107 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in HB 19-1166. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.

Cross references: For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.