1 HB453
2 216004-1
3 By Representative Moore (P)
4 RFD: Boards, Agencies and Commissions
5 First Read: 08-MAR-22
Page 0 1 216004-1:n:12/17/2021:KMS/cmg LSA2021-2515
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8 SYNOPSIS: Under existing law, the Alabama Board of
9 Massage Therapy is responsible for licensing and
10 regulating the practice of massage therapy.
11 This bill would remove the requirement that
12 no two board members from the same congressional
13 district serve at the same time and would authorize
14 the board to grant the executive director the
15 authority to approve licenses.
16 This bill would require massage therapy
17 establishments and schools to carry liability
18 insurance.
19 This bill would prohibit massage therapists
20 and establishments from advertising services on
21 certain sexually explicit websites or online
22 platforms.
23 This bill would revise the requirements for
24 licensure as a massage therapist and establishment
25 licenses.
26 This bill would provide further for the
27 submission of applications for licensure.
Page 1 1 This bill would substantially revise fees
2 and fines.
3 This bill would also authorize the board to
4 adopt, by rule, a program of continuing education.
5
6 A BILL
7 TO BE ENTITLED
8 AN ACT
9
10 Relating to the Alabama Board of Massage Therapy, to
11 amend Sections 34-43-3, 34-43-6, 34-43-7, 34-43-8, 34-43-9,
12 34-43-11, 34-43-12, 34-43-14, 34-43-15, 34-43-20, and
13 34-43-21, Code of Alabama 1975; to provide further for
14 definitions; to remove the requirement that no two board
15 members from the same congressional district serve at the same
16 time; to authorize the board to grant the executive director
17 the authority to approve licenses; to require massage therapy
18 establishments and schools to carry liability insurance; to
19 prohibit the advertising of services on sexually explicit
20 websites or online platforms; to revise the requirements for
21 licensure as a massage therapist and establishment licenses;
22 to provide further for the submission of applications for
23 licensure; to substantially revise fees and fines; to
24 authorize the board to adopt a program of continuing
25 education; and to repeal Section 34-43-10, Code of Alabama
26 1975, providing for a massage therapist examination.
27 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Page 2 1 Section 1. Sections 34-43-3, 34-43-6, 34-43-7,
2 34-43-8, 34-43-9, 34-43-11, 34-43-12, 34-43-14, 34-43-15,
3 34-43-20, and 34-43-21 of the Code of Alabama 1975, are
4 amended to read as follows:
5 "§34-43-3.
6 "For purposes of this chapter, the following terms
7 shall have the following meanings:
8 "(1) ADVERTISE. Distributing a card, flier, sign, or
9 device to any person or organization, or allowing any sign or
10 marking on any building, radio, television, or by advertising
11 by any other means designed to attract public attention.
12 "(2) BOARD. The Alabama Board of Massage Therapy
13 created pursuant to this chapter.
14 "(3) BOARD-APPROVED MASSAGE THERAPY SCHOOL. A school
15 where massage therapy is taught which is one of the following:
16 "a. If located in Alabama is approved by the board
17 as meeting the minimum established standards of training and
18 curriculum as determined by the board.
19 "b. If located outside of Alabama is recognized by
20 the board and by a regionally recognized professional
21 accrediting body.
22 "c. Is a postgraduate training institute accredited
23 by the Commission on Accreditation for Massage Therapy.
24 "(4) ESTABLISHMENT. A site, premises, or business
25 where massage therapy is practiced by a licensed massage
26 therapist.
Page 3 1 "(5) EXAMINATION. A National Certification For
2 Therapeutic Massage and Bodywork Examination or Federation of
3 State Massage Therapy Boards Massage and Bodywork Licensing
4 Examination administered by an independent agency or another
5 nationally or internationally accredited exam administered by
6 an independent agency per approval of the board. The
7 examination will be accredited by the National Committee for
8 Certifying Agencies. The board retains the right to administer
9 a written, oral, or practical examination.
10 "(6) LICENSE. The credential issued by the board
11 which allows the licensee to engage in the safe and ethical
12 practice of massage therapy.
13 "(7) MASSAGE THERAPIST. A person licensed pursuant
14 to this chapter who practices or administers massage therapy
15 or touch therapy modalities to a patron for compensation.
16 "(8) MASSAGE THERAPY INSTRUCTOR. A licensed massage
17 therapist approved by the board to teach the practice of
18 massage therapy.
19 "(9) PERSON. Any individual, firm, corporation,
20 partnership, organization, association, or other legal entity.
21 "(10) SEXUALLY ORIENTED BUSINESS. A sex parlor,
22 massage parlor, nude studio, modeling studio, love parlor,
23 adult bookstore, adult movie theater, adult video arcade,
24 adult motel, or other commercial enterprise which has as its
25 primary business the offering for sale, rent, or exhibit, or
26 the exhibit of, items or services intended to provide sexual
27 stimulation or sexual gratification to the customer.
Page 4 1 "(11) STUDENT OF MASSAGE THERAPY. Any person
2 currently enrolled in an Alabama massage therapy school
3 program approved by the board.
4 "(12) TEMPORARY PERMIT. A temporary permit issued at
5 the request of a massage therapist who is qualified according
6 to the Alabama massage therapy law prior to approval by the
7 board and not to exceed six months.
8 "(13)(12) THERAPEUTIC MASSAGE AND RELATED TOUCH
9 THERAPY MODALITIES. The mobilization of the soft tissue which
10 may include skin, fascia, tendons, ligaments, and muscles, for
11 the purpose of establishing and maintaining good physical
12 condition. The term shall include effleurage, petrissage,
13 tapotement, compression, vibration, stretching, heliotherapy,
14 superficial hot and cold applications, topical applications,
15 or other therapy which involves movement either by hand,
16 forearm, elbow, or foot, for the purpose of therapeutic
17 massage. Massage therapy may include the external application
18 and use of herbal or chemical preparations and lubricants such
19 as salts, powders, liquids, nonprescription creams, mechanical
20 devises such as T-bars, thumpers, body support systems, heat
21 lamps, hot and cold packs, salt glow, steam cabinet baths or
22 hydrotherapy. The term includes any massage, movement therapy,
23 massage technology, myotherapy, massotherapy, oriental massage
24 techniques, structural integration, acupressure, or polarity
25 therapy. The term shall not include laser therapy, microwave,
26 injection therapy, manipulation of the joints, or any
27 diagnosis or treatment of an illness that normally involves
Page 5 1 the practice of medicine, chiropractic, physical therapy,
2 podiatry, nursing, midwifery, occupational therapy,
3 veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or
4 naturopathics.
5 "§34-43-6.
6 "(a) There is created the Alabama Board of Massage
7 Therapy. The purpose of the board is to protect the health,
8 safety, and welfare of the public by ensuring that licensed
9 massage therapists, massage therapy schools, and massage
10 therapy instructors meet prescribed standards of education,
11 competency, and practice. To accomplish this mission, the
12 board shall establish standards pursuant to this chapter to
13 complete all board functions in a timely and effective manner
14 and to provide open and immediate access to all relevant
15 public information. The board shall communicate its
16 responsibilities and services to the public as part of its
17 consumer protection duties. The board shall develop and
18 implement a long range plan to ensure effective regulation and
19 consumer protection.
20 "(b) The board shall consist of seven members
21 appointed by the Governor, subject to confirmation by the
22 Senate. No member of the board shall serve more than two full
23 consecutive terms. The members initially appointed to the
24 board shall be appointed not later than July 16, 1996. Five of
25 the members initially appointed to the board shall have been
26 actively engaged in the practice of massage therapy for not
27 less than three consecutive years prior to the date of their
Page 6 1 appointment to the board. Successor members to these initial
2 five appointees shall be licensees of the board. Two members
3 shall be public members who shall not be licensed, nor have
4 been licensed in the past, and shall not have any direct
5 financial interest in the massage therapy profession. Each
6 board member shall be a high school graduate or shall have
7 received a graduate equivalency diploma. Each board member
8 shall be selected upon personal merit and qualifications, not
9 per membership or affiliation with an association. Each board
10 member shall be a citizen of the United States and this state
11 and a resident of this state for two years immediately
12 preceding the appointment. The membership of the board shall
13 be inclusive and reflect the racial, gender, geographic,
14 urban/rural, and economic diversity of the state. As the terms
15 of members serving on April 28, 2011, expire, or as vacancies
16 occur, new members shall be appointed so that not more than
17 one member from each United States Congressional District is
18 appointed to serve at the same time.
19 "(c) Of the initial seven appointees to the board,
20 three members shall be appointed for terms ending September
21 30, 1997, and four members shall be appointed for terms ending
22 September 30, 1999. Thereafter, successors shall be appointed
23 for terms of four years, each term expiring on September 30.
24 "(d) Vacancies on the board occurring prior to the
25 expiration of a term shall be filled by the Governor within 30
26 days of the vacancy to serve for the remainder of the
Page 7 1 unexpired term. Each member of the board shall serve until his
2 or her successor has been duly appointed and qualified.
3 "(e) At the first meeting, and annually thereafter
4 in the month of October, the board shall elect a chair and
5 vice chair from its membership.
6 "(f) The board shall hold its first meeting within
7 30 days after the initial members are appointed. The board
8 shall hold meetings during the year as it determines
9 necessary, two of which shall be the biannual meetings for the
10 purpose of reviewing license applications. Additional meetings
11 may be held at the discretion of the chair or upon written
12 request of any three members of the board. A quorum of the
13 board shall be a majority of the current appointed board
14 members.
15 "(g) Board members shall not receive compensation
16 for their services, but shall receive the same per diem and
17 allowance as provided to state employees for each day the
18 board meets and conducts business.
19 "(h) The board shall promulgate adopt the rules
20 necessary to implement this chapter pursuant to the
21 Administrative Procedure Act.
22 "(i) The board may employ, and at its pleasure
23 discharge, an executive secretary and other officers and
24 employees which may be necessary, including an attorney, to
25 implement this chapter. The board shall also outline the
26 duties and fix the compensation and expense allowances of the
27 employees.
Page 8 1 "(j) An affirmative vote of a majority of the
2 members of the board shall be required to grant, suspend, or
3 revoke a license to practice massage therapy or a license to
4 operate a massage therapy establishment. The board may grant
5 authority to the executive director to approve licenses.
6 "(k) The board shall be financed only from income
7 accruing to it from fees, licenses, other charges and funds
8 collected by it, and any monies that are appropriated to it by
9 the Legislature.
10 "(l) Each board member shall be accountable to the
11 Governor for the proper performance of his or her duties as a
12 member of the board. The board shall report to the Governor
13 annually and at other times as requested by the Governor. The
14 Governor shall investigate any complaints or unfavorable
15 reports concerning the actions of the board and take
16 appropriate action thereon, including removal of any board
17 member for misfeasance, malfeasance, neglect of duty,
18 commission of a felony, incompetence, or permanent inability
19 to perform official duties. A board member may be removed at
20 the request of the board after failing to attend two
21 consecutive properly noticed meetings.
22 "(m) Members of the board are immune from liability
23 for all good faith acts performed in the execution of their
24 duties as members of the board.
25 "(n) Appointees to the board shall take the
26 constitutional oath of office and file it in the office of the
27 Governor before undertaking any duties as a board member. Upon
Page 9 1 receiving the oath, the Governor shall issue a certificate of
2 appointment to each appointee.
3 "§34-43-7.
4 "(a) By rule, the board shall make provisions to do
5 all of the following:
6 "(1) Examine and qualify for examination applicants
7 for licensure and issue a license to each successful
8 applicant.
9 "(2) Adopt a seal, which shall be affixed to all
10 licenses issued by the board.
11 "(3) Prescribe application forms for examination and
12 licensure and assess and collect fees pursuant to this
13 chapter.
14 "(4) Maintain a complete record of all licensed
15 massage therapists and annually prepare a roster of the names
16 and addresses of the licensees. A copy of this roster shall be
17 made available to any person requesting it, upon payment of a
18 fee set by the board in an amount sufficient to cover the
19 costs of its publication and distribution.
20 "(5) Provide for the investigation of persons who
21 may be violating this chapter.
22 "(6) Adopt and revise rules and regulations pursuant
23 to the Administrative Procedure Act, including the adoption of
24 rules concerning unprofessional conduct.
25 "(7) Provide a copy of this chapter to all persons
26 licensed under this chapter and to all applicants for
27 licensure.
Page 10 1 "(8) Adopt rules that require massage therapists,
2 massage therapy establishments, and massage therapy schools to
3 carry professional and general liability insurance with an "A"
4 rated or better insurance carrier in the amount of at least
5 one million dollars ($1,000,000). The massage therapist shall
6 produce evidence of coverage upon request of the board.
7 "(9) Have other powers necessary and proper for the
8 performance of official duties.
9 "(b) By rule, the board may do any of the following:
10 "(1) Accept or deny the application of any person
11 applying for licensure as a massage therapist upon an
12 affirmative vote of a majority of the board.
13 "(2) Establish criteria for certifying massage
14 therapy instructors.
15 "(3) Adopt an annual budget and authorize necessary
16 expenditures from fees and other available appropriations,
17 provided, in no event shall the expenditures of the board
18 exceed the revenues in any fiscal year.
19 "(4) Adopt a code of ethics.
20 "(5) Provide for the inspection of the business
21 premises of any licensee during normal business hours.
22 "(6) Establish a list of approved massage therapy
23 schools.
24 "§34-43-8.
25 "(a) No person may perform the duties of a massage
26 therapist unless he or she possesses a current license issued
27 pursuant to this chapter.
Page 11 1 "(b) A licensed massage therapist may not perform
2 massage therapy, whether or not for compensation, for a
3 sexually oriented business.
4 "(c) A licensed massage therapist shall not
5 advertise or offer to perform services outside the scope of
6 his or her expertise, experience, and education for clients
7 who are ill, or those with physical dysfunction(s), unless
8 such services are performed in conjunction with a licensed
9 physician, physical therapist, or chiropractor.
10 "(d) A licensed massage therapist or licensed
11 massage therapy establishment may not advertise or offer to
12 perform services on any sexually explicit website or online
13 platform that promotes prostitution, sexually explicit
14 services, or human trafficking.
15 "§34-43-9.
16 "(a) A person desiring to be licensed as a massage
17 therapist shall apply to the board on forms provided by the
18 board. Unless licensed pursuant to subsection (b), applicants
19 for licensure shall submit evidence satisfactory to the board
20 that they have met each of the following requirements:
21 "(1) Satisfactorily completed a minimum of 500 hours
22 of supervised courses of instruction which shall include, but
23 not be limited to, anatomy, pathology, physiology, massage
24 techniques, clinical practices, ethics, health, hygiene, and
25 related subjects. The board shall determine how the 500 hours
26 of instruction shall be broken down. The course of instruction
27 may be provided by a massage therapy school approved by the
Page 12 1 board. The minimum 500 hours shall consist of the following:
2 325 hours dedicated to the study of basic massage therapy
3 techniques and clinical practice related modalities; 125 hours
4 dedicated to the study of anatomy, pathology, and physiology;
5 and an additional 50 hours of discretionary related course
6 work, including, but not limited to, hydrotherapy, business
7 practices and professional ethics, health and hygiene, and
8 cardiopulmonary resuscitation and first aid. Beginning January
9 1, 1998, applicants for licensure shall be required to
10 complete a minimum of 650 hours of instruction. By rule of the
11 board, the minimum 650 hours shall consist of the following:
12 100 hours of anatomy and physiology to include 35 hours of
13 myology, 15 hours of osteology, 10 hours of circulatory
14 system, and 10 hours of nervous system, with the remaining 30
15 hours to address other body systems at the discretion of the
16 school; 250 hours of basic massage therapy, the
17 contradistinctions of massage therapy, and related touch
18 therapy modalities, to include a minimum of 50 hours of
19 supervised massage; 50 hours to include business,
20 hydrotherapy, first aid, cardiopulmonary resuscitation, and
21 professional ethics; and 250 hours of electives to be
22 determined by the school. The board may adopt a rule to
23 further increase the minimum number of hours of instruction
24 required for licensure, not to exceed the number of hours
25 recommended by the National Certification Board for
26 Therapeutic Massage and Bodywork. Before performing
27 therapeutic massage on an animal, a massage therapist shall
Page 13 1 graduate from a nationally approved program and complete at
2 least 100 hours of postgraduate training and education in
3 animal anatomy, pathology, and physiology for the type of
4 animal upon which the massage therapist wishes to perform
5 therapeutic massage.
6 "(2) Passed the National Certification Exam for
7 Therapeutic Massage and Bodywork offered by the National
8 Certification Board for Therapeutic Massage and Bodywork or an
9 examination of equivalent stature that is accredited by the
10 National Committee for Certifying Agencies Successfully passed
11 a national standardized examination approved by the board.
12 "(3) Completed a criminal history check.
13 "(4) Paid all applicable fees.
14 "(b) Notwithstanding the requirements in
15 subdivisions (1) and (2) of subsection (a), the board may
16 license an applicant if the applicant is licensed or
17 registered in another state, which, in the opinion of the
18 board, has standards of practice or licensure that are equal
19 to or stricter than the requirements imposed by this chapter
20 at the time of licensure in that state.
21 "(c) Notwithstanding any other provision of this
22 section to the contrary, each applicant for licensure shall be
23 a citizen of the United States or, if not a citizen of the
24 United States, a person who is legally present in the United
25 States with appropriate documentation from the federal
26 government.
Page 14 1 "(d) The board may notify each applicant of the
2 acceptance or rejection of his or her application. If the
3 application is rejected, the board shall list the reasons for
4 rejection.
5 "§34-43-11.
6 "(a) Establishments shall be licensed by the board.
7 A sexually oriented business may not be licensed as an
8 establishment and shall not operate as an establishment
9 licensed pursuant to this chapter.
10 "(b) Establishments shall employ only licensed
11 massage therapists to perform massage therapy.
12 "(c) The board shall provide by rule, for a fair and
13 reasonable procedure to grant exemptions from the licensure
14 requirement of this section when the applicant can show that
15 the advertising of massage therapy services is incidental to
16 the primary function of his or her business. No such exemption
17 shall be granted to a sexually oriented business.
18 "(c) Each establishment shall employ at least one
19 licensed massage therapist who is registered with the board as
20 the individual designated to ensure the establishment follows
21 state law and administrative rules.
22 "(d) An establishment license issued pursuant to
23 this chapter is not assignable or transferable.
24 "(e) Subsequent to an official complaint, the board
25 may request a criminal background check of the establishment's
26 licensees through the district attorney of the circuit in
27 which the licensee is located Each unlicensed massage
Page 15 1 therapist applying for an establishment license shall be
2 subject to a criminal history check. No licensed massage
3 therapist shall be subject to an additional criminal history
4 check when applying for an establishment license.
5 "(f) An establishment owned by an individual who is
6 not a resident of this state shall be subject to an initial
7 inspection before licensure. The amount of the initial
8 inspection fee shall be determined by rule of the board.
9 "§34-43-12.
10 "(a) Applications for licensure or renewal shall be
11 on forms provided by the board and shall be accompanied by the
12 proper fee. The application shall be legible, either printed
13 in black ink or typed. Applications sent by facsimile shall
14 not be accepted. A two-by-two photograph, taken no more than
15 six months earlier, showing a frontal view of the head and
16 shoulders of the applicant, shall be submitted with the
17 application. All documents shall be submitted in English.
18 "(b) Each applicant for licensure shall be subject
19 to a criminal history check. Refusal to consent to a criminal
20 history check constitutes grounds for the board to deny the
21 applicant's application for licensure.
22 "(c) The board shall issue a license to each person
23 who qualifies to be a massage therapist and to each qualified
24 massage therapy establishment. To be qualified for a license
25 as a massage therapist the applicant shall successfully pass
26 the examination, pay the examination fee, pass the criminal
27 history check pursuant to rules adopted by the board, pay the
Page 16 1 criminal history check fee, and pay the license fee. A license
2 grants all professional rights, honors, and privileges
3 relating to the practice of massage therapy.
4 "(d) Each licensed therapist shall display his or
5 her license in the manner specified by the board. Each
6 establishment shall post its license in plain sight and the
7 license of each massage therapist who practices in the
8 establishment.
9 "(e) A license is the property of the board and
10 shall be surrendered upon demand of the board.
11 "§34-43-14.
12 "(a) By rule, the board shall initially assess and
13 collect the following fees not to exceed:
14 "(1) One hundred sixty dollars ($160) for the
15 examination.
16 "(2) One hundred dollars ($100) (1) Two hundred
17 fifty dollars ($250) for the initial massage therapist license
18 which shall be issued for one year. The initial licensing fee
19 shall be assessed in the month when the applicant is notified
20 that the license has been approved.
21 "(3) One hundred dollars ($100) (2) Three hundred
22 dollars ($300) for all biennial license renewals postmarked or
23 received at the office of the board by the date in which the
24 license expires.
25 "(4) Twenty-five dollars ($25) for the initial
26 application for licensure or the resubmission of the initial
27 application.
Page 17 1 "(5) One hundred dollars ($100) (3) Three hundred
2 dollars ($300) for the initial, and any renewal of, an
3 establishment license.
4 "(6) Fifty dollars ($50) for the biennial renewal of
5 the establishment license.
6 "(7) Fifty dollars ($50) (4) Five hundred dollars
7 ($500) for the initial registration, and any renewal
8 registration, as a massage therapy school in this state.
9 "(8) Ten dollars ($10) to renew the registration as
10 a massage therapy school.
11 "(9) Ten dollars ($10) (5) Two hundred fifty dollars
12 ($250) to register and renew registration as a massage therapy
13 instructor in this state. This is a one-time fee and does not
14 have to be renewed.
15 "(10) Seventy-five dollars ($75) (6) One hundred
16 fifty dollars ($150) to reactivate an inactive expired
17 license.
18 "(11) Twenty-five dollars ($25) (7) One hundred
19 dollars ($100) shall be added to all license fees not
20 post-marked or received by the board before the expiration
21 date of the license.
22 "(12) Fifteen dollars ($15) (8) Twenty-five dollars
23 ($25) to verify a license.
24 "(13) Ten dollars ($10) (9) Twenty-five dollars
25 ($25) for a duplicate license certificate or a name change on
26 a license certificate. The board may issue a duplicate
27 certificate only after receiving a sworn letter from the
Page 18 1 massage therapist that the original certificate was lost,
2 stolen, or destroyed. The records of the board shall reflect
3 that a duplicate certificate was issued.
4 "(14)(10) A fee, set by the board, for the criminal
5 history check.
6 "(11) A fee, set by the board, for an establishment
7 inspection.
8 "(b) Necessary administrative fees may be charged by
9 the board, including, but not limited to, reasonable costs for
10 copying, labels, and lists. Examination and license fees may
11 be adjusted as the board shall deem appropriate.
12 "(c) There is hereby established a separate special
13 revenue trust fund in the State Treasury to be known as the
14 Alabama Board of Massage Therapy Fund. All receipts collected
15 by the board under the provisions of this chapter are to be
16 deposited in this fund and used only to carry out the
17 provisions of this chapter. Such receipts shall be disbursed
18 only by warrant of the state Comptroller, upon itemized
19 vouchers approved by the chair of the board; provided that no
20 funds shall be withdrawn except as budgeted and allotted
21 according to the provisions of Sections 41-4-80 to 41-4-96,
22 inclusive, 41-19-1, and 41-19-12, as amended, and only in
23 amounts as stipulated in the general appropriations bill or
24 other appropriations bills.
25 "§34-43-15.
26 "(a) Any person may file with the board a written
27 and signed complaint regarding an allegation of impropriety by
Page 19 1 a licensee, establishment, or person. Complaints shall be made
2 in the manner prescribed by the board. Complaints received by
3 the board shall be referred to a standing investigative
4 committee consisting of a board member, the Executive
5 Director, the board attorney, and the board investigator. If
6 no probable cause is found, the investigative committee may
7 dismiss the charges and prepare a statement, in writing, of
8 the reasons for the decision.
9 "(b) If probable cause is found, the board shall
10 initiate an administrative proceeding. Upon a finding that the
11 licensee has committed any of the following instances of
12 misconduct, the board may suspend, revoke, or refuse to issue
13 or renew a license or impose a civil penalty after notice and
14 opportunity for a hearing pursuant to the Administrative
15 Procedure Act:
16 "(1) The license was obtained by means of fraud,
17 misrepresentation, or concealment of material facts, including
18 making a false statement on an application or any other
19 document required by the board for licensure.
20 "(2) The licensee sold or bartered or offered to
21 sell or barter a license for a massage therapist or a massage
22 therapy establishment.
23 "(3) The licensee has engaged in unprofessional
24 conduct that has endangered or is likely to endanger the
25 health, safety, and welfare of the public, as defined by the
26 rules of the board. As used in this subdivision,
27 unprofessional conduct includes, but is not limited to,
Page 20 1 allowing any individual to remain in a massage therapy
2 establishment overnight.
3 "(4) The licensee has been convicted of a felony or
4 of any crime arising out of or connected with the practice of
5 massage therapy.
6 "(5) The licensee has violated or aided and abetted
7 in the violation of this chapter.
8 "(6) The licensee is adjudicated as mentally
9 incompetent by a court of law.
10 "(7) The licensee uses controlled substances or
11 habitually and excessively uses alcohol.
12 "(8) The licensee engaged in false, deceptive, or
13 misleading advertising.
14 "(9) The licensee engaged in or attempted to or
15 offered to engage a client in sexual activity, including but
16 not limited to genital contact, within the client-massage
17 therapist relationship.
18 "(10) The licensee has knowingly allowed the massage
19 therapy establishment to be used as an overnight sleeping
20 accommodation.
21 "(11) The licensee had a license revoked, suspended,
22 or denied in any other territory or jurisdiction of the United
23 States for any act described in this section.
24 "(c)(1) A person governed by this chapter who has a
25 reasonable belief that another massage therapist has engaged
26 in or attempted to or offered to engage a client in sexual
27 activity, as provided in subdivision (9) of subsection (b),
Page 21 1 shall inform the board in writing within 30 calendar days from
2 the date the person discovers this activity. Upon finding that
3 a person has violated this subsection, the board may do any of
4 the following:
5 "a. Impose an administrative fine of not more than
6 ten thousand dollars ($10,000) twenty-five thousand dollars
7 ($25,000).
8 "b. Suspend or revoke the person's license to
9 practice massage therapy.
10 "(2) Upon a finding that a person has violated this
11 subsection three or more times, the board shall impose a
12 mandatory license suspension for a period of no less than
13 three years and a fine of ten thousand dollars ($10,000)
14 twenty-five thousand dollars ($25,000).
15 "(d) Any person who has been convicted of, or
16 entered a plea of nolo contendere to, a crime or offense
17 involving prostitution or other sexual offenses is ineligible
18 to hold a license as a massage therapist for a period of at
19 least three years after the entry of the conviction or plea.
20 The board retains the right to revoke a license indefinitely
21 if the licensee is proven guilty of a crime or of sexual
22 misconduct. Reinstatement of licensure is contingent upon
23 proof of weekly counseling by a licensed professional
24 counselor.
25 "(e) Any person who An establishment where a person
26 has been convicted of, or entered a plea of nolo contendere
27 to, an offense involving prostitution or any other type of
Page 22 1 sexual offense may not receive a license for a massage therapy
2 establishment for a period of three years after the date of
3 conviction or entry of the plea. The board shall revoke the
4 establishment license of any establishment which the board
5 determines is a sexually oriented business. The board may
6 revoke an establishment license if a person is convicted of,
7 or enters a plea of nolo contendere to, any crime involving
8 prostitution or any other sexual offense against a client
9 which occurred on the premises of the establishment. The
10 violation is attached to the address of the establishment.
11 "(f)(1) Upon finding a person, governed by this
12 chapter, performing massage therapy without having obtained a
13 license, the board may do any of the following:
14 "a. Impose an administrative fine of not more than
15 ten thousand dollars ($10,000) twenty-five thousand dollars
16 ($25,000).
17 "b. Issue a cease and desist order.
18 "c. Petition the circuit court of the county where
19 the act occurred to enforce the cease and desist order and
20 collect the assessed fine.
21 "(2) Any person aggrieved by any adverse action of
22 the board must appeal the action to the Circuit Court of
23 Montgomery County in accordance with the Alabama
24 Administrative Procedure Act.
25 "(g) The board shall present any incident of
26 misconduct to the local district attorney for review and
27 appropriate action.
Page 23 1 "(h) The board may adopt rules to implement and
2 administer this section.
3 "§34-43-20.
4 "(a) To be approved by the board, a massage therapy
5 school shall meet the following requirements:
6 "(1) File a completed application prescribed by the
7 board with the board and pay a registration fee as specified
8 in Section 34-43-14.
9 "(2) Provide documentation of a curriculum which
10 includes a minimum number of required hours of instruction in
11 the subjects required pursuant to Section 34-43-9.
12 "(3) Register annually with the board by filing a
13 renewal form accompanied with the renewal fee pursuant to
14 Section 34-43-14, and submit a current curriculum and a list
15 of instructors.
16 "(b) Every instructor teaching course work titled
17 massage therapy at a board approved school located in Alabama
18 shall be licensed in Alabama as a massage therapist and
19 registered as a massage therapy instructor. Instructors who
20 are not teaching massage therapy do not need to be registered.
21 Any adjunct instructors shall be dually licensed in the state
22 where they reside, be nationally certified, or both.
23 "(c) The board shall register as a massage therapy
24 instructor any applicant who meets all of the following
25 requirements:
26 "(1) Is currently licensed as a massage therapist in
27 Alabama.
Page 24 1 "(2) Has filed a completed application prescribed by
2 the board and paid a one-time application fee pursuant to
3 Section 34-43-14.
4 "(3) Documents two three years of experience in the
5 practice of massage therapy. The documentation may be
6 considered by the board on a case-by-case basis.
7 "(4) Any other requirements adopted by rule of the
8 board.
9 "§34-43-21.
10 "(a) Every massage therapist licensed pursuant to
11 this chapter shall be required to complete 16 hours of
12 continuing education as a condition for renewing his or her
13 license. The continuing education courses shall be offered by
14 providers approved by the board. The courses shall have been
15 completed within the 24 months preceding the date renewal is
16 due. Hours in excess of the total number required may not be
17 carried over to future renewals. The continuing education
18 requirements shall not apply to a massage therapist within the
19 biennium when the massage therapist is first licensed, but
20 shall apply to licensees every biennium thereafter. The board
21 may accept for compliance with the continuing education
22 requirement any of the following:
23 "(1) Courses or providers which contribute directly
24 to the massage therapy education of the licensee.
25 "(2) Courses, seminars, workshops, and classes in
26 areas related to the practice of massage therapy such as:
27 Massage, bodywork, allied health care fields (including
Page 25 1 psychology and medicine), anatomy and physiology, business,
2 insurance, movement therapy, stress management, yoga, CPR, and
3 advanced first aid.
4 "(3) Courses of study offered by registered massage
5 therapy schools in Alabama, or by massage therapy instructors
6 registered with the board, or by any national organization in
7 the field of massage therapy or related touch therapy field.
8 "(b) Up to 25 percent, or four hours of credit, of
9 the required number of hours of continuing education may be
10 earned in each of the following areas:
11 "(1) Teaching a qualifying class, course, seminar,
12 or workshop.
13 "(2) Publishing an article in the field relating to
14 massage therapy.
15 "(3) Speaking on the subject of massage therapy.
16 "(4) Being a panelist discussing massage therapy.
17 "(5) Participating in a personal growth class.
18 "(6) Two hours of professional ethics.
19 "(c) Each of the areas listed in subsection (b) may
20 be used for up to four hours of credit depending on the actual
21 contact hours. One continuing education credit is defined as
22 no less than 50 uninterrupted minutes of learning, except that
23 publishing an article will automatically count for four hours.
24 Continuing education credit may not be awarded for programs
25 which do not relate to subjects listed in this section, or for
26 repeated courses submitted the previous biennium, except for
27 courses listed in subsection (b). The board may select, in a
Page 26 1 random manner, license renewal applications for audit of
2 continuing education credit. Each licensee shall be
3 responsible for maintaining in his or her personal files the
4 certificates or records of credit from continuing education
5 programs received from approved program providers. Each
6 licensee selected for audit shall be required to produce
7 documentation of attendance at those continuing education
8 activities listed on his or her renewal application.
9 "(1) The board shall send to each licensee selected
10 for audit, a notice of audit. The licensee shall provide
11 satisfactory documentation of attendance at, or participation
12 in, the approved continuing education programs listed in the
13 renewal application.
14 "(2) The licensee shall ascertain that the
15 continuing education program is approved by the board.
16 "(d) The board shall evaluate applications from all
17 providers of continuing education programs, including massage
18 therapy schools and instructors, in order to determine if
19 approval shall be granted or denied.
20 "(1) The provider or licensee shall submit to the
21 board an application on a form provided by the board. Only
22 applications which are complete will be considered.
23 "(2) The provider or licensee shall submit a
24 complete application to the board at least 60 days prior to
25 the date on which the training event is to be given to gain
26 approval before the program is presented.
Page 27 1 "(e) The board is subject to the Alabama Sunset Law
2 of 1981, and is classified as an enumerated agency pursuant to
3 Section 41-20-3. The board shall automatically terminate on
4 October 1, 2007, and every four years thereafter, unless
5 continued pursuant to the Alabama Sunset Law.
6 "The board shall adopt a program of continuing
7 education for licensees which shall be a requisite for the
8 renewal of licenses issued pursuant to this chapter."
9 Section 2. Section 34-43-10, Code of Alabama 1975,
10 providing for a massage therapist examination, is repealed.
11 Section 3. This act shall become effective on the
12 first day of the third month following its passage and
13 approval by the Governor, or its otherwise becoming law.
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