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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney’s Office |
Commission Meeting Date: June 19, 2018 |
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Staff Contact: |
Maria Garcia, Assistant City Attorney |
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Recommendations/Options/Action Requested: |
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Pass on first reading Ordinance No. 9305 pertaining to the licensing and regulation of bodywork practitioners within the City of Lawrence, if appropriate. |
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Executive Summary: |
Kansas is one of the only remaining states in the country that does not regulate massage therapy or other bodywork[1] on a state level.[2] While proposed legislation setting licensing standards has been introduced in the Kansas Legislature several times in previous years[3], each time the bills have died in committee.
Because there is no state law regulating bodywork, it is left to municipalities to adopt local ordinances establishing laws governing things like licensing fees and educational standards, for example, before allowing a practitioner to provide massage or other bodywork services. Lawrence does not currently have a comprehensive law addressing bodywork, though many other Kansas cities have adopted such ordinances.[4]
A draft ordinance was presented to the City Commission in March 2017 on the heels of a request by the Douglas County District Attorney and the Lawrence Police Department, which encouraged the City to pass an ordinance regulating the industry in Lawrence due to an uptick in human trafficking cases.
At the March 2017 meeting, the City Commission declined to pass the proposed ordinance and instead directed staff to consider a draft proposal provided by the bodywork community. Since that time, staff has hosted numerous meetings with practitioners to receive input on crafting new language for the ordinance.
Based upon the input received, staff drafted a new proposed ordinance incorporating a number of recommendations. It is supported by the group of practitioners that were involved in the various meetings. A redline version is not available because the changes made to the current draft are so significant that a marked up version would be difficult to navigate. The proposed ordinance blends the bodywork community’s recommendations with the City’s public safety goals.
The following provisions have been removed from the initial draft presented to the City Commission: 1) A requirement that the business establishment register the business with the City Clerk. The new draft requires only that the practitioner obtain a license. 2) A requirement that businesses keep a client register that would keep track of client names, dates of service, etc. 3) An hours of operation section stating that businesses could not operate between 10:00 p.m. and 5:00 a.m. 4) An operations section requiring doors to be unlocked during business hours; language requiring certain dress for practitioners, and language concerning cleanliness and sanitation. 5) A jail sentence of up to 6 months for any violation of the Article.
With the previously listed items removed from the ordinance, a number of new items are added, including: · A provision allowing practitioners 18 months to come into compliance with the new law, but in the meantime a person could register with the City Clerk and practice for a limited time to maintain their livelihood without a license while gathering documentation to formally apply for a license. · A list of exceptions to the general rule that a practitioner obtain a license, including when providing services as a currently enrolled student in an approved bodywork education program, on a temporary basis for a planned community event, in an emergency or disaster, or when providing services to a family or household member. · A grandfather provision allowing practitioners who have been working or teaching in Lawrence for the last 2 out of 3 years to more easily obtain a license. · A provision for licensure by reciprocity, allowing a person who is licensed and in good standing in another jurisdiction to more easily obtain a license. · The establishment of a Bodywork Advisory Board, which would largely be comprised of bodywork professionals, to hear appeals and determine whether a license was properly revoked or denied. The Board would also provide guidance to the City in the City’s enforcement of the provisions of the Article. In the previous draft, appeals went to the City Manager only. · Language regarding a practitioner’s duty to obtain a license – rather than a business – and language clarifying that only one license is required per person regardless of how many establishments he or she works in. · Establishing a $75 licensing fee, which includes the cost of a criminal background check, initial identification card, and City Clerk staff time in processing the license. Renewal is required every 2 year and would cost $50. · A comprehensive definitions sections which defines various specialties of Bodywork along with terminology used throughout the ordinance. · A section stating that businesses must keep a list of all practitioner’s working at that establishment. A previous requirement for a list of clients is removed. · A more comprehensive list of information to be provided to the City Clerk upon application for licensure, including education and examination requirements for specific specialties. · A list of reasons for which the City Clerk may deny a license, including failure to pay the required fees, revocation of a similar license from another jurisdiction, or failure to pass a criminal background check. · A section stating that all licensed practitioners are to have with them the identification card issued by the City Clerk at all times while practicing. · A section concerning appeals from the City Clerk’s denial or revocation of a license that contains key deadlines for filing and hearing an appeal. · A list of reasons for which a licensee may be disciplined, including providing false information on an initial application, practicing outside the scope of a person’s training, or the conviction of certain crimes after obtaining a license. Discipline means issuing a fine, issuing a reprimand, and revoking or suspending a license, for example. · In addition to disciplinary action, a municipal offense is provided for conduct that rises to the level of criminal activity. The penalty for such conviction would be a fine only of up to $1,000.
This ordinance, if passed, would take effect September 1, 2018. From that time, practitioners would have 18 months to obtain formal licensure from the City, which provides ample time for affected parties to prepare for the new law. Staff believes that the proposed ordinance may help deter illegitimate businesses from operating in Lawrence, and will align Lawrence with the many other cities and states that provide minimum standards to ensure that bodywork practitioners are properly trained and licensed. |
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Strategic Goal Area: |
Safe, Healthy, and Welcoming Neighborhoods Commitment to Core Services Collaborative Solutions |
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Fiscal Impact (Amount/Source): |
The fiscal impact is minimal. Administrative costs of licensing massage therapy businesses are offset by the licensing fees. |
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Attachments:
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(for CMO use only) |
☒TM ☐DS ☐CT ☐BM |