Audit: Arizona massage board failed to investigate complaints promptly, risking public safety

The state board charged with overseeing massage therapists failed to investigate some complaints in a timely manner and left other complaints unresolved, a newly released state audit found.

The failures placed public safety at risk, an audit released Wednesday by the Arizona Auditor General found.

In one case, the Arizona State Board of Massage Therapy took 238 days to revoke a therapist's license for sexual allegations. The therapist was allowed to continue working during that time and received a second complaint with similar allegations, according to the audit.

In another instance, the board received seven complaints associated with alleged prostitution in January 2020 but did not investigate them until the auditor general brought the complaints to the board's attention more than two years later. During that time, the board renewed four of the individuals' licenses.

The audit mainly covered events in 2021 and had 19 recommendations for improvements, including advising the board to investigate and resolve all complaints against massage therapists within 180 days. Most of the audit's findings predate new board members installed last September by Arizona Gov. Doug Ducey after a series of investigative articles about the board by The Arizona Republic.

Gov. Ducey: Replaced all members of state Massage Therapy Board after Arizona Republic investigation

The auditor general informed the massage board late last year that it should only post on its website disciplinary actions taken against individual massage therapists dating back five years. Some of the disciplinary actions that were posted on the web exceeded that time frame. Instead, the massage board removed copies of all disciplinary orders and, as of June, had not made the information publicly available on its website.

What the audit found

The scathing audit is part of a regularly scheduled review of regulatory boards by the Arizona Legislature to determine whether boards should continue, be revised or be terminated. The process is known as "Sunset Review" and includes an audit.

In its response, Massage Board Executive Director Tom Augherton wrote that the board intends to comply with the audit's recommendations.

"The Board's statutory mission, reaffirmed by current Arizona Governor Doug Ducey, is to credibly protect the public, and respond to the ongoing regulatory challenge of criminal schemes and syndicates infiltrating this health industry," he wrote.

Other audit findings included:

• The board did not document the date it received and resolved 16 of 29 complaints reviewed by the auditor general. Absent this documentation, the auditor general said it could not assess the appropriateness of the board's investigation or the resolution of the complaints.

• The board did not have a systematic process for handling complaints. The audit recommends the board develop a complaint-tracking process.

• The board did not ensure massage therapists met continuing-education requirements. Massage therapists are required to complete at least 24 hours of continuing education every two years. But the board did not audit whether therapists completed the education, instead relying on therapists' signatures attesting that they completed the requirements when they renewed their licenses.

In its response, the massage board's executive director said the board agrees with the audit's findings and will follow the audit's recommendations.

The massage board oversees the state's approximately 10,000 licensed massage therapists and investigates complaints against them. The five-member board is appointed by the governor and has a small staff to carry out administrative functions such as issuing licenses and providing information about licensees to the public.

Republic investigates AZ massage board

The audit findings are the latest in a flurry of publicity over the last year.

The Republic's investigation: How Arizona allows massage therapists with sexual abuse allegations to keep working

Last September, the governor replaced the entire board following a five-month investigation by The Arizona Republic that found the licensing board gave therapists second chances when accused of fondling or sexually abusing their clients. This puts customers in danger, and there is very little they can do to protect themselves.

The Republic's investigation found that about 100 massage therapists have faced complaints before the state licensing board for allegedly exposing, fondling, sexually abusing or sexually assaulting their clients over the past eight years. Of those, about half didn’t have their licenses revoked. Some were suspended or put on probation. Others had their complaints dismissed or got only warning letters. At least one therapist has been accused twice and still has a license.

Since the governor replaced the board, the new members have taken a more aggressive stance against therapists facing sexual abuse complaints. This includes issuing summary suspensions to prevent therapists from working in the profession while the board investigates the allegations. The previous board rarely, if ever, used summary suspensions.

Previous updates: New law requires tougher background checks for Arizona massage therapists

A new law signed by Ducey in June will require massage therapists to go through more thorough criminal background checks before getting their work licenses. HB 2438 will require massage therapists to have fingerprint clearance cards beginning in January 2023 for initial licensure and license renewal.

The latest audit findings are likely to come up during the next legislative session, where Arizona lawmakers will review the massage board to see whether changes should be made or whether the board should be allowed to continue to operate. The audit said that terminating the board "would affect the public's health, safety and welfare if its regulatory responsibilities were not transferred to another entity."

A similar scathing audit of the Arizona State Board of Funeral Directors and Embalmers recently led the Arizona Legislature to continue the board only through March 2023 and to be replaced by a yet-to-be-defined entity.

Most states license massage therapists.

The Arizona Legislature established the massage therapist board in 2004 to protect the health, safety and welfare of Arizona citizens by regulating and maintaining standards. Complaints over illegitimate massage businesses acting as fronts for prostitution led to a push for statewide licensure.

Before then, cities were responsible for licensing therapists, which led to wide differences in training requirements. Massage therapists who wanted to work in multiple cities also had to pay multiple fees.

Reach the reporter at anne.ryman@arizonarepublic.com or 602-444-8072. Follow her on Twitter @anneryman.

Support local journalism. Subscribe to azcentral.com today. 

This article originally appeared on Arizona Republic: Audit: Arizona massage board failed to investigate complaints promptly