OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http: //www. cga. ct. gov/ofa

sHB-5455

AN ACT CONCERNING PENALTIES FOR AND THE INVESTIGATION OF THE OPERATION OF ILLEGAL MASSAGE ESTABLISHMENTS.

As Amended by House "A" (LCO 3406)

House Calendar No. : 212

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 13 $

FY 14 $

Judicial Dept.

GF - Revenue Gain

Potential Minimal

Potential Minimal

Correction, Dept. ; Judicial Dept. (Probation)

GF - Cost

Potential Minimal

Potential Minimal

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill makes it a class “C” misdemeanor for any employer to employ an unlicensed person as a massage therapist, which results in (1) a potential minimal revenue gain to the Judicial Department and (2) a potential minimal cost to the Department of Correction and the Judicial Department. Annual revenue from criminal fines that may be imposed under the bill is anticipated to be minimal. To the extent that offenders are prosecuted criminally and subsequently convicted or plead guilty, the state could incur a minimal cost associated with incarceration and/or probation supervision in the community. On average, it costs the state $3,736 to supervise an offender on probation in the community as compared to $44,165 to incarcerate the offender. Since 2001, there have been no convicted offenses of engaging in massage therapy without a license.

House “A” eliminated a provision in the underlying bill that allowed the Department of Public Health (DPH) to direct a local health department to investigate a complaint associated with advertisements of “shiatsu,” “acupressure,” “Thai massage,” “Thai yoga massage,” and “Thai yoga. ” It did not result in a fiscal impact to DPH. Current statute allows DPH to investigate complaints related to advertisements of massage therapy. Nonetheless, it is allowed to do so within its available appropriations and, as such, DPH does not currently investigate complaints related to advertisements of massage therapy, nor does it cause local health departments to do so. 1

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

Sources:

Department of Public Health

 

Judicial Department Offenses and Revenue Database

1 DPH does investigate complaints of unlicensed persons practicing massage under the title of “massage therapist,” “licensed massage therapist,” “massage practitioner,” “massagist,” “masseur,” and “masseuse. ” Following an investigation, a case may be heard and prosecuted, and disciplinary action taken.