In 2012, the Legislature required massage therapists to obtain a license before doing business in the state. This legislation says licensees must have “obtained and submitted a satisfactory fingerprint-based criminal history check of the Idaho central criminal database and the federal bureau of investigation criminal history database.” The bill requires existing license holders to have a criminal background check done prior to July 1, 2018.
Some occupational licenses in Idaho require a “clean” criminal history. Massage therapy licenses do not. The statute is silent on whether misdemeanor or felony convictions disqualify therapists. Therefore, it is unclear what is meant by a “satisfactory” criminal background check. It is also unclear what the statute hopes to achieve relative to public safety. Existing license-holders would have more than a year to comply with this legislation. Similar language to this proposal exists in Idaho Code 54-5406, which requires driver’s license instructors to submit to a “satisfactory” criminal background check.
4) Does it increase barriers to entry into the market? Examples of other barriers include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?
When the government uses a person’s criminal history to deny them employment, it creates a barrier to entry. One can assume that the regulatory agency would have wide discretion because this statute does not define what is meant by “satisfactory”. (-1)
5) Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
This bill would increase the cost of doing business because the license-holder or prospective license-holder would be expected to pay for the fees associated with a criminal background check. (-1)
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