'Unlicensed and illicit' spas may fly under massage therapy board's radar, audit says - The Advocate

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Louisiana's regulation of the massage therapy industry is riddled with problems and fails to ensure that businesses are not sexually-oriented operations, temporary Legislative Auditor Tom Cole said in an audit released Monday.

The study also said state law does not require needed background checks on all massage therapists or the owners of the business, the state lacks a process to identify unlicensed therapists and fails to include a process for when complaints can be dismissed.

It said 115 massage businesses are operating without a license.

The review focused on the Louisiana Board of Massage Therapy, a seven-member panel.

The state has 2,784 massage therapists and 628 establishments where they work.

Massage therapy is identified as the manipulation of soft tissue to maintain good health and to reduce stress, pain and muscle tension.

However, the report said the presence of "illicit establishments" threatens the integrity of the profession.

It says 61% of licensed massage therapists in Louisiana work in their homes or the homes of their clients.


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The review said new state laws may be needed to improve regulation "and to better identify unlicensed and illicit establishments."

In their written response, officials of the board disputed key parts of the audit, including how it monitors unlicensed activities.

The report said the board does not require inspectors to determine whether establishments are sexually-oriented operations, including 221 cited that way by social media in 2019.

One such site prompted 56 reviews on social media.

"During this same time LBMT (the board) conducted an inspection but did not identify any illicit activity," the audit said of the site.

"According to LBMT, it does not use websites . . . because establishments do not have control over what is posted on these websites and there are so many of these websites it would be hard to know which one to search," it says.

Over a two-year period, the panel got 140 complaints involving 193 allegations, including sexual misconduct, operating without a license and operating a sexually-oriented business.

The report said 26% of the complaints resulted in disciplinary action or a cease and desist order while 74% were dismissed or the investigation was closed without further action.

Among the cases dismissed because of conflicting accounts were three complaints that alleged a therapist sexually harassed or molested three different clients and one from a district attorney who said multiple new and used condoms were found in an establishment.

The board concluded there was no violation and noted inspectors are limited in their abilities to search massage establishments.

In another area, state law requires massage therapists to submit a background check but it only covers applicants approved after January, 2013.

That means less than half -- 42% -- of those licensed had undergone a background check as of April, 2020, the report says.

State law does not require background checks for establishment owners.

Board officials disagreed with the report's comment that it lacks a way to identify unlicensed activity.

They said they can do so by following up on complaints from the public and licensed therapists.

It also disputed the view that the board should impose penalties and fines on businesses that continue to operate without a license.

The board said it has no such authority.

The audit also said the board lacks a timetable to ensure sites are inspected at least once every three years.

It said fines for violators are low compared to other states and the board lacks guidelines to make sure discipline is consistent.

Check back with The Advocate for more details.