Ohio HB 978: Regards the licensure and regulation of massage businesses

Summary

This bill establishes new regulations for massage businesses in Ohio, requiring them to use electronic payment methods, report employee payroll to the attorney general, classify workers as employees rather than independent contractors, and creating an "illicit massage task force" to investigate suspicious transactions and employment violations. The bill affects massage business owners and their employees, as well as the Ohio Attorney General's office, which will oversee compliance and enforcement.

Bill Text

hb978_00_IN

As Introduced

136th
General Assembly

 Regular
Session H. B. No. 978

 2025-2026

Representative Lorenz

To
amend sections 109.572, 503.41, 3767.10, and 5101.87 and to enact
sections 109.45, 109.451, 109.452, 109.453, 109.454, 109.455,
2905.34, 3724.01, 3724.02, 3724.03, 3724.04, 3724.05, 3724.06,
3724.07, 3724.99, and 5502.71 of the Revised Code regarding
the licensure and regulation of massage businesses and to make an
appropriation. 

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1. That
sections 109.572, 503.41, 3767.10, and 5101.87 be amended and
sections 109.45, 109.451, 109.452, 109.453, 109.454, 109.455,
2905.34, 3724.01, 3724.02, 3724.03, 3724.04, 3724.05, 3724.06,
3724.07, 3724.99, and 5502.71 of the Revised Code be enacted to read
as follows:

Sec.
109.45. As
used in sections 109.45 to 109.455 of the Revised Code, "massage
operations" has the same meaning as in section 2905.34 of the
Revised Code.

Sec.
109.451. A
person conducting massage operations shall use a financial
transaction device to receive payment for all services provided by
the person. As used in this section, "financial transaction
device" has the same meaning as in section 113.40 of the Revised
Code.

Sec.
109.452. A
person conducting massage operations shall report to the attorney
general the payroll of all employees and shall cross-reference in the
report the license number for each employee licensed under sections
503.40 to 503.50 or 715.61 of the Revised Code or Chapter 3724. of
the Revised Code.

Sec.
109.453. No
person conducting massage operations shall classify an employee of
the person as an independent contractor.

Sec.
109.454. The
illicit massage task force is created in the office of the attorney
general to monitor suspicious transactions and to investigate and
correct erroneous employee classification as an independent
contractor regarding massage operations.

Sec.
109.455. The
attorney general shall adopt rules under Chapter 119. of the Revised
Code governing the requirements of sections 109.45 to 109.455 of the
Revised Code, including rules that do the following:

(A)
Establish the method and manner of reporting employee payroll under
section 109.452 of the Revised Code;

(B)
Guide persons conducting massage operations in designating
individuals as employees or independent contractors for purposes of
sections 109.452 and 109.453 of the Revised Code;

(C)
Establish standards for persons conducting massage operations as to
what transactions should be considered suspicious for purposes of
section 109.454 of the Revised Code;

(D)
Provide guidance as to the operations, activities, and duties of the
illicit massage task force under section 109.454 of the Revised Code.

Sec.
109.572. (A)(1)
Upon receipt of a request pursuant to section 121.08, 3301.32,
3301.541, or 3319.39 of the Revised Code, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: 

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041,
2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, or a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense; 

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(1)(a) of this section; 

(c)
If the request is made pursuant to section 3319.39 of the Revised
Code for an applicant who is a teacher, any offense specified under
section 9.79 of the Revised Code or in section 3319.31 of the Revised
Code. 

(2)
On receipt of a request pursuant to sec