Current through Register Vol. 54, No. 44, November 2, 2024
Section 43b.435 - Schedule of criminal convictions-state Board of Massage Therapy(a) A conviction of any of the criminal offenses in paragraphs (1), (2) and (3) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Massage Therapy (Board). (1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).(2) A drug trafficking offense in accordance with § 43b.404(d).(3) The following additional criminal offenses that have been deemed by the Board as directly related to the massage therapy profession, which shall raise a rebut-table presumption that the individual's licensure, certification, permitting or registration poses a substantial risk to the individual's clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i): (i)18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).(ii)18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).(iii)18 Pa.C.S. § 3121 (relating to rape).(iv)18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).(v)18 Pa.C.S. § 3124.1 (relating to sexual assault).(vi)18 Pa.C.S. § 3125 (relating to aggravated indecent assault).(vii)18 Pa.C.S. § 3126 (relating to indecent assault).(viii)18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses), pertaining to promoting prostitution and promoting prostitution of a minor.(ix)23 Pa.C.S. § 6319 (relating to penalties), pertaining to failure to report suspected child abuse.(x) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in sub-paragraphs (i)-(ix).(xi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.(xii) An equivalent crime in another jurisdiction.(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual's clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board's determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024