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State Boards and Criminal Record Checks

Most state massage boards are now requiring criminal record checks and fingerprints from their applicants; some have been doing it for years, so it’s not exactly news. Some therapists are resentful of this, mainly due to the extra expense, and some view it as unfair, especially if there are other licensed occupations in their states that are not subject to the same rule.

There are a couple of bigger issues here: most of those boards don’t have a procedure in place that would allow a potential massage student to submit their criminal record to the board for a review before they spend the time and money to attend school.

Even worse, schools frequently make light of the criminal record of an applicant; they’re looking at the bottom line and nothing else. As a member of our state board, I hear that all the time when someone comes to appeal the decision not to give them a license: “But my school director said that wasn’t going to be a problem!” In the case of our community colleges, they’re not allowed to turn someone down because of a criminal record. Read More.....

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Comment by Laura Allen on October 24, 2009 at 12:24pm: Thanks Keith. I know lots of MTs in FL. I'll spread that word!

Comment by Keith Eric Grant on October 24, 2009 at 12:21pm: Laura,

In browsing through CLEAR's blog this morning, I noticed that Florida has a new law guaranteeing rejection. It is not even a matter of board discretion.

Comment by Spencer Manning on October 19, 2009 at 5:29pm: Thank you. But trust me, the board has given me a license with many conditions to prove to them that I am genuine in my intentions, which they should.

Comment by Laura Allen on October 19, 2009 at 5:11pm: Congratulations to you, Spencer, for getting it together!

Comment by Spencer Manning on October 19, 2009 at 5:06pm: Hi, Laura,
When I went through the enrollment process at Miller-Motte in Cary, NC, they specifically asked me if I had a criminal record and made me sign a release form for a crimal background check. Unfortunately, I did have a record; I was convicted of felonious breaking and entering in my early 20s. It was a bad time in my life that I was fortunate enough to turn around. Luckily, I had great people at Miller-Motte, such as Josh Herman, to tell me the truth up front and let it be my decision whether to continue or not. The process for me to get licensed was indeed long, which I can understand and respect due to the responsibility the board has to the public. Mr. Herman explained that it would be a lengthy amount of time after I passed the exam before I got a decision. Thank you, Laura, for posting this. I hope that all schools understand and stress this point to their applicants.

Comment by Darcy Neibaur on October 19, 2009 at 11:44am: Any one working with the elderly or children have the most strict guidelines that they have to adhear to. They are one in the same for both. I am a CNA in the State of Florida and have been since 1984. I would think that it would be the same for doctors and nurses in most states. I do not know about Chiro's. I have only been a part of this industry for 2 years. I have already heard stories about LMT's who do not get the required CEU's to renew a license, yet keep on practicing. I know with due time they will get caught. Personally I think a background check is good. I do think schools should be up front about it though and let students know it is coming and give them the choice to opt out. I know for schools though it is about the money. I do not think that is fair to a student though to go all the way through school and pay thousands of dollars and then find out in the end they are disqualified because of a background problem from years ago. To me that is an ethical issue. We are all about ethics. So ethics should begin in school.

Comment by Lisa on October 19, 2009 at 10:07am: i'm curious. do chiropracters undergo a criminal check before they get licensed? do doctors? do nurses? i don't know so i am truly asking (not being sarcastic here)

i have MAJOR issues with a criminal check (and for the record i don't have one) :) but seriously...i understand the need for "safety" but there also needs to be a respect for privacy. i find it hard to believe that regulating hours spent in accredited schools, uping the educational requirements to make all states equal, and things of that nature wouldn't be sufficient enough to ward off a "sociopath". and if it doesn't then the truth is that person is going to find a way to harm another human being no matter what. if they are smart enough to go through massage training then they are smart enough to avoid it all together.

having us go through a criminal check only perpetuates the notion that there is something "fishy" in our industry. and i'm tired of that attitude.

Comment by Marissa on October 19, 2009 at 9:43am: I'm in Illinois and this was required to become a licensed state. It was 2 years after I graduated before it became a licensed state. This is something that, if I had a criminal record, would have taken me by complete surprise. I think that it should be mandatory for all schools to at least inform the students that it is a possibility if the state one day becomes licensed. CYA method.

Comment by Beulah on October 19, 2009 at 8:57am: I actually had a young lady who boasted all through school about her past and I wondered if she was wasting her time doing the course at all . She really wanted to do massage and turn her life around but I had a feeling things would not go as she planned . Sure enough she passed the exam and then applied for her license and was rejected due to her past exploits . In her case she was genuinely trying to start a fresh and now I heard she is pretty much back were she started before the training with a loan she cant pay off.
After saying this I agree with the criminal check as you are working with for the most part vulnerable clients .
But they should have it as part of the school entrance paperwork so if there is any doubt what so ever it is dealt with before the time and money is spent for the course.

Comment by Mike Hinkle on October 19, 2009 at 6:00am: Most schools are waiting until the student is about to graduate before doing the background check. This fee for a background check, in my opinion, should be included in the application process. And be done immediately. My reasoning is you are placing students at risk (for 6months to three years?) with these people in school. I think schools should be sued if anything happens in their school for not having done this. Even community schools because the states could change these laws and are "not" protecting the public with this policy. If we are going to police this profession, then do it!