MORGANTOWN – Delegate Barbara Evans Fleischauer, D-Monongalia, is concerned that a bill designed to bring more licensed professionals into the state could have some unintended negative consequences in the area of human trafficking.
HB 2007 passed the House Thursday by a mostly party line vote, 65-33 and went to the Senate.
The bill would allow people with occupational licenses or other authorizations from other states to have those credentials recognized in West Virginia so they can work here. The intent is to draw people here to live and work and raise their families, as the often-used phrase goes.
The bill was up for amendment Wednesday and Fleischauer co-sponsored one with Delegate Mike Pushkin, D-Kanawha. It was one of four offered by Democrats that all failed.
The bill exempts several licensing boards, including those for doctors, lawyers and engineers.
Fleischauer’s amendment proposed to exempt massage therapists by excluding from recognition any not licensed by the state Massage Therapy Licensing Board.
On Wednesday she told her colleagues that she introduced legislation to regulate massage therapy in 1997 and the board has existed since 1998. “It has become a well established profession,” she said.
Fleischauer said she sought permission to have board Executive Director Linda Lyter testify to the Government Organization committee when it took up the bill, but she was denied.
For perspective, a number of legislators have cited this problem. Access to the Capitol is limited during COVID and the legislators have had requests for testimony or public hearings denied, citing COVID restrictions.
So on Wednesday, Fleischauer shared written comments from Lyter. Lyter said West Virginia’s board has reciprocity agreements with other boards across the country so they can share information on therapists who want to work in other states.
But, Lyter said, Vermont, Kansas, Wyoming and Minnesota don’t require licenses and this has opened the door for human trafficking operations that employ falsely credentialed therapists as prostitutes.
The traffickers, Lyter said, help their captives obtain phony training credentials. Bogus schools are opened to sell transcripts, closed, then reopen. West Virginia’s board works to combat that.
Lyter said the board is concerned that if traffickers become aware of the law change here, they will move their captives to an unlicensed state, create phony training credentials and bring them here.
“This will basically open the floodgates of human trafficking in our state,” she wrote. “The tendency to continually move the folks around is amazing.” They get moved so much they’re often not aware what state they’re working in.
After reading that, Fleischauer told her colleagues that she understands the intent of the bill is to permit more licensed people to practice here, but she’s concerned about the potential negatives.
Opponents of the amendment defended leaving the bill as is.
The amendment failed 25-73. Fleischauer expressed shock about the margin afterward on social media and commented, “It is sad that an issue like this would become so partisan.”
Locally, all delegates voted with their party except Guy Ward, R-Marion, who was one of the few Republicans to vote yes.
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