Alabama 2022 Regular Session

Alabama House Bill HB453 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB453
2		-	2 216004-3
	2	+	2 216004-2
3	3		3 By Representative Moore (P)
4	4		4 RFD: Boards, Agencies and Commissions
5	5		5 First Read: 08-MAR-22
6	6
7		-	Page 0 HB453
8		-	1
9		-	2 ENROLLED, An Act,
10		-	3 Relating to the Alabama Board of Massage Therapy, to
11		-	4 amend Sections 34-43-3, 34-43-6, 34-43-7, 34-43-8, 34-43-9,
12		-	5 34-43-11, 34-43-12, 34-43-14, 34-43-15, 34-43-20, and
13		-	6 34-43-21, Code of Alabama 1975; to provide further for
14		-	7 definitions; to remove the requirement that no two board
15		-	8 members from the same congressional district serve at the same
16		-	9 time; to authorize the board to grant the executive director
17		-	10 the authority to approve licenses; to require massage therapy
18		-	11 establishments and schools to carry liability insurance; to
19		-	12 prohibit the advertising of services on sexually explicit
20		-	13 websites or online platforms; to revise the requirements for
21		-	14 licensure as a massage therapist and establishment licenses;
22		-	15 to provide further for the submission of applications for
23		-	16 licensure; to substantially revise fees and fines; to
24		-	17 authorize the board to adopt a program of continuing
25		-	18 education; and to repeal Section 34-43-10, Code of Alabama
26		-	19 1975, providing for a massage therapist examination.
27		-	20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28		-	21 Section 1. Sections 34-43-3, 34-43-6, 34-43-7,
29		-	22 34-43-8, 34-43-9, 34-43-11, 34-43-12, 34-43-14, 34-43-15,
30		-	23 34-43-20, and 34-43-21 of the Code of Alabama 1975, are
31		-	24 amended to read as follows:
32		-	25 "§34-43-3.
33		-	Page 1 HB453
34		-	1 "For purposes of this chapter, the following terms
35		-	2 shall have the following meanings:
36		-	3 "(1) ADVERTISE. Distributing a card, flier, sign, or
37		-	4 device to any person or organization, or allowing any sign or
38		-	5 marking on any building, radio, television, or by advertising
39		-	6 by any other means designed to attract public attention.
40		-	7 "(2) BOARD. The Alabama Board of Massage Therapy
41		-	8 created pursuant to this chapter.
42		-	9 "(3) BOARD-APPROVED MASSAGE THERAPY SCHOOL. A school
43		-	10 where massage therapy is taught which is one of the following:
44		-	11 "a. If located in Alabama is approved by the board
45		-	12 as meeting the minimum established standards of training and
46		-	13 curriculum as determined by the board.
47		-	14 "b. If located outside of Alabama is recognized by
48		-	15 the board and by a regionally recognized professional
49		-	16 accrediting body.
50		-	17 "c. Is a postgraduate training institute accredited
51		-	18 by the Commission on Accreditation for Massage Therapy.
52		-	19 "(4) ESTABLISHMENT. A site, premises, or business
53		-	20 where massage therapy is practiced by a licensed massage
54		-	21 therapist.
55		-	22 "(5) EXAMINATION. A National Certification For
56		-	23 Therapeutic Massage and Bodywork Examination or Federation of
57		-	24 State Massage Therapy Boards Massage and Bodywork Licensing
58		-	25 Examination administered by an independent agency or another
59		-	Page 2 HB453
60		-	1 nationally or internationally accredited exam administered by
61		-	2 an independent agency per approval of the board. The
62		-	3 examination will be accredited by the National Committee for
63		-	4 Certifying Agencies. The board retains the right to administer
64		-	5 a written, oral, or practical examination.
65		-	6 "(6) LICENSE. The credential issued by the board
66		-	7 which allows the licensee to engage in the safe and ethical
67		-	8 practice of massage therapy.
68		-	9 "(7) MASSAGE THERAPIST. A person licensed pursuant
69		-	10 to this chapter who practices or administers massage therapy
70		-	11 or touch therapy modalities to a patron for compensation.
71		-	12 "(8) MASSAGE THERAPY INSTRUCTOR. A licensed massage
72		-	13 therapist approved by the board to teach the practice of
73		-	14 massage therapy.
74		-	15 "(9) PERSON. Any individual, firm, corporation,
75		-	16 partnership, organization, association, or other legal entity.
76		-	17 "(10) SEXUALLY ORIENTED BUSINESS. A sex parlor,
77		-	18 massage parlor, nude studio, modeling studio, love parlor,
78		-	19 adult bookstore, adult movie theater, adult video arcade,
79		-	20 adult motel, or other commercial enterprise which has as its
80		-	21 primary business the offering for sale, rent, or exhibit, or
81		-	22 the exhibit of, items or services intended to provide sexual
82		-	23 stimulation or sexual gratification to the customer.
83		-	Page 3 HB453
84		-	1 "(11) STUDENT OF MASSAGE THERAPY. Any person
85		-	2 currently enrolled in an Alabama massage therapy school
86		-	3 program approved by the board.
87		-	4 "(12) TEMPORARY PERMIT. A temporary permit issued at
88		-	5 the request of a massage therapist who is qualified according
89		-	6 to the Alabama massage therapy law prior to approval by the
90		-	7 board and not to exceed six months.
91		-	8 "(13)(12) THERAPEUTIC MASSAGE AND RELATED TOUCH
92		-	9 THERAPY MODALITIES. The mobilization of the soft tissue which
93		-	10 may include skin, fascia, tendons, ligaments, and muscles, for
94		-	11 the purpose of establishing and maintaining good physical
95		-	12 condition. The term shall include effleurage, petrissage,
96		-	13 tapotement, compression, vibration, stretching, heliotherapy,
97		-	14 superficial hot and cold applications, topical applications,
98		-	15 or other therapy which involves movement either by hand,
99		-	16 forearm, elbow, or foot, for the purpose of therapeutic
100		-	17 massage. Massage therapy may include the external application
101		-	18 and use of herbal or chemical preparations and lubricants such
102		-	19 as salts, powders, liquids, nonprescription creams, mechanical
103		-	20 devises such as T-bars, thumpers, body support systems, heat
104		-	21 lamps, hot and cold packs, salt glow, steam cabinet baths or
105		-	22 hydrotherapy. The term includes any massage, movement therapy,
106		-	23 massage technology, myotherapy, massotherapy, oriental massage
107		-	24 techniques, structural integration, acupressure, or polarity
108		-	25 therapy. The term shall not include laser therapy, microwave,
109		-	Page 4 HB453
110		-	1 injection therapy, manipulation of the joints, or any
111		-	2 diagnosis or treatment of an illness that normally involves
112		-	3 the practice of medicine, chiropractic, physical therapy,
113		-	4 podiatry, nursing, midwifery, occupational therapy,
114		-	5 veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or
115		-	6 naturopathics.
116		-	7 "§34-43-6.
117		-	8 "(a) There is created the Alabama Board of Massage
118		-	9 Therapy. The purpose of the board is to protect the health,
119		-	10 safety, and welfare of the public by ensuring that licensed
120		-	11 massage therapists, massage therapy schools, and massage
121		-	12 therapy instructors meet prescribed standards of education,
122		-	13 competency, and practice. To accomplish this mission, the
123		-	14 board shall establish standards pursuant to this chapter to
124		-	15 complete all board functions in a timely and effective manner
125		-	16 and to provide open and immediate access to all relevant
126		-	17 public information. The board shall communicate its
127		-	18 responsibilities and services to the public as part of its
128		-	19 consumer protection duties. The board shall develop and
129		-	20 implement a long range plan to ensure effective regulation and
130		-	21 consumer protection.
131		-	22 "(b) The board shall consist of seven members
132		-	23 appointed by the Governor, subject to confirmation by the
133		-	24 Senate. No member of the board shall serve more than two full
134		-	25 consecutive terms. The members initially appointed to the
135		-	Page 5 HB453
136		-	1 board shall be appointed not later than July 16, 1996. Five of
137		-	2 the members initially appointed to the board shall have been
138		-	3 actively engaged in the practice of massage therapy for not
139		-	4 less than three consecutive years prior to the date of their
140		-	5 appointment to the board. Successor members to these initial
141		-	6 five appointees shall be licensees of the board. Two members
142		-	7 shall be public members who shall not be licensed, nor have
143		-	8 been licensed in the past, and shall not have any direct
144		-	9 financial interest in the massage therapy profession. Each
145		-	10 board member shall be a high school graduate or shall have
146		-	11 received a graduate equivalency diploma. Each board member
147		-	12 shall be selected upon personal merit and qualifications, not
148		-	13 per membership or affiliation with an association. Each board
149		-	14 member shall be a citizen of the United States and this state
150		-	15 and a resident of this state for two years immediately
151		-	16 preceding the appointment. The membership of the board shall
152		-	17 be inclusive and reflect the racial, gender, geographic,
153		-	18 urban/rural, and economic diversity of the state. As the terms
154		-	19 of members serving on April 28, 2011, expire, or as vacancies
155		-	20 occur, new members shall be appointed so that not more than
156		-	21 one member from each United States Congressional District is
157		-	22 appointed to serve at the same time.
158		-	23 "(c) Of the initial seven appointees to the board,
159		-	24 three members shall be appointed for terms ending September
160		-	25 30, 1997, and four members shall be appointed for terms ending
161		-	Page 6 HB453
162		-	1 September 30, 1999. Thereafter, successors shall be appointed
163		-	2 for terms of four years, each term expiring on September 30.
164		-	3 "(d) Vacancies on the board occurring prior to the
165		-	4 expiration of a term shall be filled by the Governor within 30
166		-	5 days of the vacancy to serve for the remainder of the
167		-	6 unexpired term. Each member of the board shall serve until his
168		-	7 or her successor has been duly appointed and qualified.
169		-	8 "(e) At the first meeting, and annually thereafter
170		-	9 in the month of October, the board shall elect a chair and
171		-	10 vice chair from its membership.
172		-	11 "(f) The board shall hold its first meeting within
173		-	12 30 days after the initial members are appointed. The board
174		-	13 shall hold meetings during the year as it determines
175		-	14 necessary, two of which shall be the biannual meetings for the
176		-	15 purpose of reviewing license applications. Additional meetings
177		-	16 may be held at the discretion of the chair or upon written
178		-	17 request of any three members of the board. A quorum of the
179		-	18 board shall be a majority of the current appointed board
180		-	19 members.
181		-	20 "(g) Board members shall not receive compensation
182		-	21 for their services, but shall receive the same per diem and
183		-	22 allowance as provided to state employees for each day the
184		-	23 board meets and conducts business.
185		-	Page 7 HB453
186		-	1 "(h) The board shall promulgate adopt the rules
187		-	2 necessary to implement this chapter pursuant to the
188		-	3 Administrative Procedure Act.
189		-	4 "(i) The board may employ, and at its pleasure
190		-	5 discharge, an executive secretary and other officers and
191		-	6 employees which may be necessary, including an attorney, to
192		-	7 implement this chapter. The board shall also outline the
193		-	8 duties and fix the compensation and expense allowances of the
194		-	9 employees.
195		-	10 "(j) An affirmative vote of a majority of the
196		-	11 members of the board shall be required to grant, suspend, or
197		-	12 revoke a license to practice massage therapy or a license to
198		-	13 operate a massage therapy establishment. The board may grant
199		-	14 authority to the executive director to approve licenses.
200		-	15 "(k) The board shall be financed only from income
201		-	16 accruing to it from fees, licenses, other charges and funds
202		-	17 collected by it, and any monies that are appropriated to it by
203		-	18 the Legislature.
204		-	19 "(l) Each board member shall be accountable to the
205		-	20 Governor for the proper performance of his or her duties as a
206		-	21 member of the board. The board shall report to the Governor
207		-	22 annually and at other times as requested by the Governor. The
208		-	23 Governor shall investigate any complaints or unfavorable
209		-	24 reports concerning the actions of the board and take
210		-	25 appropriate action thereon, including removal of any board
211		-	Page 8 HB453
212		-	1 member for misfeasance, malfeasance, neglect of duty,
213		-	2 commission of a felony, incompetence, or permanent inability
214		-	3 to perform official duties. A board member may be removed at
215		-	4 the request of the board after failing to attend two
216		-	5 consecutive properly noticed meetings.
217		-	6 "(m) Members of the board are immune from liability
218		-	7 for all good faith acts performed in the execution of their
219		-	8 duties as members of the board.
220		-	9 "(n) Appointees to the board shall take the
221		-	10 constitutional oath of office and file it in the office of the
222		-	11 Governor before undertaking any duties as a board member. Upon
223		-	12 receiving the oath, the Governor shall issue a certificate of
224		-	13 appointment to each appointee.
225		-	14 "§34-43-7.
226		-	15 "(a) By rule, the board shall make provisions to do
227		-	16 all of the following:
228		-	17 "(1) Examine and qualify for examination applicants
229		-	18 for licensure and issue a license to each successful
230		-	19 applicant.
231		-	20 "(2) Adopt a seal, which shall be affixed to all
232		-	21 licenses issued by the board.
233		-	22 "(3) Prescribe application forms for examination and
234		-	23 licensure and assess and collect fees pursuant to this
235		-	24 chapter.
236		-	Page 9 HB453
237		-	1 "(4) Maintain a complete record of all licensed
238		-	2 massage therapists and annually prepare a roster of the names
239		-	3 and addresses of the licensees. A copy of this roster shall be
240		-	4 made available to any person requesting it, upon payment of a
241		-	5 fee set by the board in an amount sufficient to cover the
242		-	6 costs of its publication and distribution.
243		-	7 "(5) Provide for the investigation of persons who
244		-	8 may be violating this chapter.
245		-	9 "(6) Adopt and revise rules and regulations pursuant
246		-	10 to the Administrative Procedure Act, including the adoption of
247		-	11 rules concerning unprofessional conduct.
248		-	12 "(7) Provide a copy of this chapter to all persons
249		-	13 licensed under this chapter and to all applicants for
250		-	14 licensure.
251		-	15 "(8) Adopt rules that require massage therapists,
252		-	16 massage therapy establishments, and massage therapy schools to
253		-	17 carry professional and general liability insurance with an "A"
254		-	18 rated or better insurance carrier in the amount of at least
255		-	19 one million dollars ($1,000,000). The massage therapist shall
256		-	20 produce evidence of coverage upon request of the board.
257		-	21 "(9) Have other powers necessary and proper for the
258		-	22 performance of official duties.
259		-	23 "(b) By rule, the board may do any of the following:
260		-	Page 10 HB453
261		-	1 "(1) Accept or deny the application of any person
262		-	2 applying for licensure as a massage therapist upon an
263		-	3 affirmative vote of a majority of the board.
264		-	4 "(2) Establish criteria for certifying massage
265		-	5 therapy instructors.
266		-	6 "(3) Adopt an annual budget and authorize necessary
267		-	7 expenditures from fees and other available appropriations,
268		-	8 provided, in no event shall the expenditures of the board
269		-	9 exceed the revenues in any fiscal year.
270		-	10 "(4) Adopt a code of ethics.
271		-	11 "(5) Provide for the inspection of the business
272		-	12 premises of any licensee during normal business hours.
273		-	13 "(6) Establish a list of approved massage therapy
274		-	14 schools.
275		-	15 "§34-43-8.
276		-	16 "(a) No person may perform the duties of a massage
277		-	17 therapist unless he or she possesses a current license issued
278		-	18 pursuant to this chapter.
279		-	19 "(b) A licensed massage therapist may not perform
280		-	20 massage therapy, whether or not for compensation, for a
281		-	21 sexually oriented business.
282		-	22 "(c) A licensed massage therapist shall not
283		-	23 advertise or offer to perform services outside the scope of
284		-	24 his or her expertise, experience, and education for clients
285		-	25 who are ill, or those with physical dysfunction(s), unless
286		-	Page 11 HB453
287		-	1 such services are performed in conjunction with a licensed
288		-	2 physician, physical therapist, or chiropractor.
289		-	3 "(d) A licensed massage therapist or licensed
290		-	4 massage therapy establishment may not advertise or offer to
291		-	5 perform services on any sexually explicit website or online
292		-	6 platform that promotes prostitution, sexually explicit
293		-	7 services, or human trafficking.
294		-	8 "§34-43-9.
295		-	9 "(a) A person desiring to be licensed as a massage
296		-	10 therapist shall apply to the board on forms provided by the
297		-	11 board. Unless licensed pursuant to subsection (b), applicants
298		-	12 for licensure shall submit evidence satisfactory to the board
299		-	13 that they have met each of the following requirements:
300		-	14 "(1) Satisfactorily completed a minimum of 500 hours
301		-	15 of supervised courses of instruction which shall include, but
302		-	16 not be limited to, anatomy, pathology, physiology, massage
303		-	17 techniques, clinical practices, ethics, health, hygiene, and
304		-	18 related subjects. The board shall determine how the 500 hours
305		-	19 of instruction shall be broken down. The course of instruction
306		-	20 may be provided by a massage therapy school approved by the
307		-	21 board. The minimum 500 hours shall consist of the following:
308		-	22 325 hours dedicated to the study of basic massage therapy
309		-	23 techniques and clinical practice related modalities; 125 hours
310		-	24 dedicated to the study of anatomy, pathology, and physiology;
311		-	25 and an additional 50 hours of discretionary related course
312		-	Page 12 HB453
313		-	1 work, including, but not limited to, hydrotherapy, business
314		-	2 practices and professional ethics, health and hygiene, and
315		-	3 cardiopulmonary resuscitation and first aid. Beginning January
316		-	4 1, 1998, applicants for licensure shall be required to
317		-	5 complete a minimum of 650 hours of instruction. By rule of the
318		-	6 board, the minimum 650 hours shall consist of the following:
319		-	7 100 hours of anatomy and physiology to include 35 hours of
320		-	8 myology, 15 hours of osteology, 10 hours of circulatory
321		-	9 system, and 10 hours of nervous system, with the remaining 30
322		-	10 hours to address other body systems at the discretion of the
323		-	11 school; 250 hours of basic massage therapy, the
324		-	12 contradistinctions of massage therapy, and related touch
325		-	13 therapy modalities, to include a minimum of 50 hours of
326		-	14 supervised massage; 50 hours to include business,
327		-	15 hydrotherapy, first aid, cardiopulmonary resuscitation, and
328		-	16 professional ethics; and 250 hours of electives to be
329		-	17 determined by the school. The board may adopt a rule to
330		-	18 further increase the minimum number of hours of instruction
331		-	19 required for licensure, not to exceed the number of hours
332		-	20 recommended by the National Certification Board for
333		-	21 Therapeutic Massage and Bodywork. Before performing
334		-	22 therapeutic massage on an animal, a massage therapist shall
335		-	23 graduate from a nationally approved program and complete at
336		-	24 least 100 hours of postgraduate training and education in
337		-	25 animal anatomy, pathology, and physiology for the type of
338		-	Page 13 HB453
339		-	1 animal upon which the massage therapist wishes to perform
340		-	2 therapeutic massage.
341		-	3 "(2) Passed the National Certification Exam for
342		-	4 Therapeutic Massage and Bodywork offered by the National
343		-	5 Certification Board for Therapeutic Massage and Bodywork or an
344		-	6 examination of equivalent stature that is accredited by the
345		-	7 National Committee for Certifying Agencies Successfully passed
346		-	8 a national standardized examination approved by the board.
347		-	9 "(3) Completed a criminal history check.
348		-	10 "(4) Paid all applicable fees.
349		-	11 "(b) Notwithstanding the requirements in
350		-	12 subdivisions (1) and (2) of subsection (a), the board may
351		-	13 license an applicant if the applicant is licensed or
352		-	14 registered in another state, which, in the opinion of the
353		-	15 board, has standards of practice or licensure that are equal
354		-	16 to or stricter than the requirements imposed by this chapter
355		-	17 at the time of licensure in that state.
356		-	18 "(c) Notwithstanding any other provision of this
357		-	19 section to the contrary, each applicant for licensure shall be
358		-	20 a citizen of the United States or, if not a citizen of the
359		-	21 United States, a person who is legally present in the United
360		-	22 States with appropriate documentation from the federal
361		-	23 government.
362		-	24 "(d) The board may notify each applicant of the
363		-	25 acceptance or rejection of his or her application. If the
364		-	Page 14 HB453
365		-	1 application is rejected, the board shall list the reasons for
366		-	2 rejection.
367		-	3 "§34-43-11.
368		-	4 "(a) Establishments shall be licensed by the board.
369		-	5 A sexually oriented business may not be licensed as an
370		-	6 establishment and shall not operate as an establishment
371		-	7 licensed pursuant to this chapter.
372		-	8 "(b) Establishments shall employ only licensed
373		-	9 massage therapists to perform massage therapy.
374		-	10 "(c) The board shall provide by rule, for a fair and
375		-	11 reasonable procedure to grant exemptions from the licensure
376		-	12 requirement of this section when the applicant can show that
377		-	13 the advertising of massage therapy services is incidental to
378		-	14 the primary function of his or her business. No such exemption
379		-	15 shall be granted to a sexually oriented business.
380		-	16 "(c) Each establishment shall employ at least one
381		-	17 licensed massage therapist who is registered with the board as
382		-	18 the individual designated to ensure the establishment follows
383		-	19 state law and administrative rules.
384		-	20 "(d) An establishment license issued pursuant to
385		-	21 this chapter is not assignable or transferable.
386		-	22 "(e) Subsequent to an official complaint, the board
387		-	23 may request a criminal background check of the establishment's
388		-	24 licensees through the district attorney of the circuit in
389		-	25 which the licensee is located Each unlicensed massage
390		-	Page 15 HB453
391		-	1 therapist applying for an establishment license shall be
	7	+	Page 0 1 ENGROSSED
	8	+	2
	9	+	3
	10	+	4 A BILL
	11	+	5 TO BE ENTITLED
	12	+	6 AN ACT
	13	+	7
	14	+	8 Relating to the Alabama Board of Massage Therapy, to
	15	+	9 amend Sections 34-43-3, 34-43-6, 34-43-7, 34-43-8, 34-43-9,
	16	+	10 34-43-11, 34-43-12, 34-43-14, 34-43-15, 34-43-20, and
	17	+	11 34-43-21, Code of Alabama 1975; to provide further for
	18	+	12 definitions; to remove the requirement that no two board
	19	+	13 members from the same congressional district serve at the same
	20	+	14 time; to authorize the board to grant the executive director
	21	+	15 the authority to approve licenses; to require massage therapy
	22	+	16 establishments and schools to carry liability insurance; to
	23	+	17 prohibit the advertising of services on sexually explicit
	24	+	18 websites or online platforms; to revise the requirements for
	25	+	19 licensure as a massage therapist and establishment licenses;
	26	+	20 to provide further for the submission of applications for
	27	+	21 licensure; to substantially revise fees and fines; to
	28	+	22 authorize the board to adopt a program of continuing
	29	+	23 education; and to repeal Section 34-43-10, Code of Alabama
	30	+	24 1975, providing for a massage therapist examination.
	31	+	25 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	32	+	26 Section 1. Sections 34-43-3, 34-43-6, 34-43-7,
	33	+	27 34-43-8, 34-43-9, 34-43-11, 34-43-12, 34-43-14, 34-43-15,
	34	+	Page 1 1 34-43-20, and 34-43-21 of the Code of Alabama 1975, are
	35	+	2 amended to read as follows:
	36	+	3 "§34-43-3.
	37	+	4 "For purposes of this chapter, the following terms
	38	+	5 shall have the following meanings:
	39	+	6 "(1) ADVERTISE. Distributing a card, flier, sign, or
	40	+	7 device to any person or organization, or allowing any sign or
	41	+	8 marking on any building, radio, television, or by advertising
	42	+	9 by any other means designed to attract public attention.
	43	+	10 "(2) BOARD. The Alabama Board of Massage Therapy
	44	+	11 created pursuant to this chapter.
	45	+	12 "(3) BOARD-APPROVED MASSAGE THERAPY SCHOOL. A school
	46	+	13 where massage therapy is taught which is one of the following:
	47	+	14 "a. If located in Alabama is approved by the board
	48	+	15 as meeting the minimum established standards of training and
	49	+	16 curriculum as determined by the board.
	50	+	17 "b. If located outside of Alabama is recognized by
	51	+	18 the board and by a regionally recognized professional
	52	+	19 accrediting body.
	53	+	20 "c. Is a postgraduate training institute accredited
	54	+	21 by the Commission on Accreditation for Massage Therapy.
	55	+	22 "(4) ESTABLISHMENT. A site, premises, or business
	56	+	23 where massage therapy is practiced by a licensed massage
	57	+	24 therapist.
	58	+	25 "(5) EXAMINATION. A National Certification For
	59	+	26 Therapeutic Massage and Bodywork Examination or Federation of
	60	+	27 State Massage Therapy Boards Massage and Bodywork Licensing
	61	+	Page 2 1 Examination administered by an independent agency or another
	62	+	2 nationally or internationally accredited exam administered by
	63	+	3 an independent agency per approval of the board. The
	64	+	4 examination will be accredited by the National Committee for
	65	+	5 Certifying Agencies. The board retains the right to administer
	66	+	6 a written, oral, or practical examination.
	67	+	7 "(6) LICENSE. The credential issued by the board
	68	+	8 which allows the licensee to engage in the safe and ethical
	69	+	9 practice of massage therapy.
	70	+	10 "(7) MASSAGE THERAPIST. A person licensed pursuant
	71	+	11 to this chapter who practices or administers massage therapy
	72	+	12 or touch therapy modalities to a patron for compensation.
	73	+	13 "(8) MASSAGE THERAPY INSTRUCTOR. A licensed massage
	74	+	14 therapist approved by the board to teach the practice of
	75	+	15 massage therapy.
	76	+	16 "(9) PERSON. Any individual, firm, corporation,
	77	+	17 partnership, organization, association, or other legal entity.
	78	+	18 "(10) SEXUALLY ORIENTED BUSINESS. A sex parlor,
	79	+	19 massage parlor, nude studio, modeling studio, love parlor,
	80	+	20 adult bookstore, adult movie theater, adult video arcade,
	81	+	21 adult motel, or other commercial enterprise which has as its
	82	+	22 primary business the offering for sale, rent, or exhibit, or
	83	+	23 the exhibit of, items or services intended to provide sexual
	84	+	24 stimulation or sexual gratification to the customer.
	85	+	25 "(11) STUDENT OF MASSAGE THERAPY. Any person
	86	+	26 currently enrolled in an Alabama massage therapy school
	87	+	27 program approved by the board.
	88	+	Page 3 1 "(12) TEMPORARY PERMIT. A temporary permit issued at
	89	+	2 the request of a massage therapist who is qualified according
	90	+	3 to the Alabama massage therapy law prior to approval by the
	91	+	4 board and not to exceed six months.
	92	+	5 "(13)(12) THERAPEUTIC MASSAGE AND RELATED TOUCH
	93	+	6 THERAPY MODALITIES. The mobilization of the soft tissue which
	94	+	7 may include skin, fascia, tendons, ligaments, and muscles, for
	95	+	8 the purpose of establishing and maintaining good physical
	96	+	9 condition. The term shall include effleurage, petrissage,
	97	+	10 tapotement, compression, vibration, stretching, heliotherapy,
	98	+	11 superficial hot and cold applications, topical applications,
	99	+	12 or other therapy which involves movement either by hand,
	100	+	13 forearm, elbow, or foot, for the purpose of therapeutic
	101	+	14 massage. Massage therapy may include the external application
	102	+	15 and use of herbal or chemical preparations and lubricants such
	103	+	16 as salts, powders, liquids, nonprescription creams, mechanical
	104	+	17 devises such as T-bars, thumpers, body support systems, heat
	105	+	18 lamps, hot and cold packs, salt glow, steam cabinet baths or
	106	+	19 hydrotherapy. The term includes any massage, movement therapy,
	107	+	20 massage technology, myotherapy, massotherapy, oriental massage
	108	+	21 techniques, structural integration, acupressure, or polarity
	109	+	22 therapy. The term shall not include laser therapy, microwave,
	110	+	23 injection therapy, manipulation of the joints, or any
	111	+	24 diagnosis or treatment of an illness that normally involves
	112	+	25 the practice of medicine, chiropractic, physical therapy,
	113	+	26 podiatry, nursing, midwifery, occupational therapy,
	114	+	Page 4 1 veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or
	115	+	2 naturopathics.
	116	+	3 "§34-43-6.
	117	+	4 "(a) There is created the Alabama Board of Massage
	118	+	5 Therapy. The purpose of the board is to protect the health,
	119	+	6 safety, and welfare of the public by ensuring that licensed
	120	+	7 massage therapists, massage therapy schools, and massage
	121	+	8 therapy instructors meet prescribed standards of education,
	122	+	9 competency, and practice. To accomplish this mission, the
	123	+	10 board shall establish standards pursuant to this chapter to
	124	+	11 complete all board functions in a timely and effective manner
	125	+	12 and to provide open and immediate access to all relevant
	126	+	13 public information. The board shall communicate its
	127	+	14 responsibilities and services to the public as part of its
	128	+	15 consumer protection duties. The board shall develop and
	129	+	16 implement a long range plan to ensure effective regulation and
	130	+	17 consumer protection.
	131	+	18 "(b) The board shall consist of seven members
	132	+	19 appointed by the Governor, subject to confirmation by the
	133	+	20 Senate. No member of the board shall serve more than two full
	134	+	21 consecutive terms. The members initially appointed to the
	135	+	22 board shall be appointed not later than July 16, 1996. Five of
	136	+	23 the members initially appointed to the board shall have been
	137	+	24 actively engaged in the practice of massage therapy for not
	138	+	25 less than three consecutive years prior to the date of their
	139	+	26 appointment to the board. Successor members to these initial
	140	+	27 five appointees shall be licensees of the board. Two members
	141	+	Page 5 1 shall be public members who shall not be licensed, nor have
	142	+	2 been licensed in the past, and shall not have any direct
	143	+	3 financial interest in the massage therapy profession. Each
	144	+	4 board member shall be a high school graduate or shall have
	145	+	5 received a graduate equivalency diploma. Each board member
	146	+	6 shall be selected upon personal merit and qualifications, not
	147	+	7 per membership or affiliation with an association. Each board
	148	+	8 member shall be a citizen of the United States and this state
	149	+	9 and a resident of this state for two years immediately
	150	+	10 preceding the appointment. The membership of the board shall
	151	+	11 be inclusive and reflect the racial, gender, geographic,
	152	+	12 urban/rural, and economic diversity of the state. As the terms
	153	+	13 of members serving on April 28, 2011, expire, or as vacancies
	154	+	14 occur, new members shall be appointed so that not more than
	155	+	15 one member from each United States Congressional District is
	156	+	16 appointed to serve at the same time.
	157	+	17 "(c) Of the initial seven appointees to the board,
	158	+	18 three members shall be appointed for terms ending September
	159	+	19 30, 1997, and four members shall be appointed for terms ending
	160	+	20 September 30, 1999. Thereafter, successors shall be appointed
	161	+	21 for terms of four years, each term expiring on September 30.
	162	+	22 "(d) Vacancies on the board occurring prior to the
	163	+	23 expiration of a term shall be filled by the Governor within 30
	164	+	24 days of the vacancy to serve for the remainder of the
	165	+	25 unexpired term. Each member of the board shall serve until his
	166	+	26 or her successor has been duly appointed and qualified.
	167	+	Page 6 1 "(e) At the first meeting, and annually thereafter
	168	+	2 in the month of October, the board shall elect a chair and
	169	+	3 vice chair from its membership.
	170	+	4 "(f) The board shall hold its first meeting within
	171	+	5 30 days after the initial members are appointed. The board
	172	+	6 shall hold meetings during the year as it determines
	173	+	7 necessary, two of which shall be the biannual meetings for the
	174	+	8 purpose of reviewing license applications. Additional meetings
	175	+	9 may be held at the discretion of the chair or upon written
	176	+	10 request of any three members of the board. A quorum of the
	177	+	11 board shall be a majority of the current appointed board
	178	+	12 members.
	179	+	13 "(g) Board members shall not receive compensation
	180	+	14 for their services, but shall receive the same per diem and
	181	+	15 allowance as provided to state employees for each day the
	182	+	16 board meets and conducts business.
	183	+	17 "(h) The board shall promulgate adopt the rules
	184	+	18 necessary to implement this chapter pursuant to the
	185	+	19 Administrative Procedure Act.
	186	+	20 "(i) The board may employ, and at its pleasure
	187	+	21 discharge, an executive secretary and other officers and
	188	+	22 employees which may be necessary, including an attorney, to
	189	+	23 implement this chapter. The board shall also outline the
	190	+	24 duties and fix the compensation and expense allowances of the
	191	+	25 employees.
	192	+	26 "(j) An affirmative vote of a majority of the
	193	+	27 members of the board shall be required to grant, suspend, or
	194	+	Page 7 1 revoke a license to practice massage therapy or a license to
	195	+	2 operate a massage therapy establishment. The board may grant
	196	+	3 authority to the executive director to approve licenses.
	197	+	4 "(k) The board shall be financed only from income
	198	+	5 accruing to it from fees, licenses, other charges and funds
	199	+	6 collected by it, and any monies that are appropriated to it by
	200	+	7 the Legislature.
	201	+	8 "(l) Each board member shall be accountable to the
	202	+	9 Governor for the proper performance of his or her duties as a
	203	+	10 member of the board. The board shall report to the Governor
	204	+	11 annually and at other times as requested by the Governor. The
	205	+	12 Governor shall investigate any complaints or unfavorable
	206	+	13 reports concerning the actions of the board and take
	207	+	14 appropriate action thereon, including removal of any board
	208	+	15 member for misfeasance, malfeasance, neglect of duty,
	209	+	16 commission of a felony, incompetence, or permanent inability
	210	+	17 to perform official duties. A board member may be removed at
	211	+	18 the request of the board after failing to attend two
	212	+	19 consecutive properly noticed meetings.
	213	+	20 "(m) Members of the board are immune from liability
	214	+	21 for all good faith acts performed in the execution of their
	215	+	22 duties as members of the board.
	216	+	23 "(n) Appointees to the board shall take the
	217	+	24 constitutional oath of office and file it in the office of the
	218	+	25 Governor before undertaking any duties as a board member. Upon
	219	+	26 receiving the oath, the Governor shall issue a certificate of
	220	+	27 appointment to each appointee.
	221	+	Page 8 1 "§34-43-7.
	222	+	2 "(a) By rule, the board shall make provisions to do
	223	+	3 all of the following:
	224	+	4 "(1) Examine and qualify for examination applicants
	225	+	5 for licensure and issue a license to each successful
	226	+	6 applicant.
	227	+	7 "(2) Adopt a seal, which shall be affixed to all
	228	+	8 licenses issued by the board.
	229	+	9 "(3) Prescribe application forms for examination and
	230	+	10 licensure and assess and collect fees pursuant to this
	231	+	11 chapter.
	232	+	12 "(4) Maintain a complete record of all licensed
	233	+	13 massage therapists and annually prepare a roster of the names
	234	+	14 and addresses of the licensees. A copy of this roster shall be
	235	+	15 made available to any person requesting it, upon payment of a
	236	+	16 fee set by the board in an amount sufficient to cover the
	237	+	17 costs of its publication and distribution.
	238	+	18 "(5) Provide for the investigation of persons who
	239	+	19 may be violating this chapter.
	240	+	20 "(6) Adopt and revise rules and regulations pursuant
	241	+	21 to the Administrative Procedure Act, including the adoption of
	242	+	22 rules concerning unprofessional conduct.
	243	+	23 "(7) Provide a copy of this chapter to all persons
	244	+	24 licensed under this chapter and to all applicants for
	245	+	25 licensure.
	246	+	26 "(8) Adopt rules that require massage therapists,
	247	+	27 massage therapy establishments, and massage therapy schools to
	248	+	Page 9 1 carry professional and general liability insurance with an "A"
	249	+	2 rated or better insurance carrier in the amount of at least
	250	+	3 one million dollars ($1,000,000). The massage therapist shall
	251	+	4 produce evidence of coverage upon request of the board.
	252	+	5 "(9) Have other powers necessary and proper for the
	253	+	6 performance of official duties.
	254	+	7 "(b) By rule, the board may do any of the following:
	255	+	8 "(1) Accept or deny the application of any person
	256	+	9 applying for licensure as a massage therapist upon an
	257	+	10 affirmative vote of a majority of the board.
	258	+	11 "(2) Establish criteria for certifying massage
	259	+	12 therapy instructors.
	260	+	13 "(3) Adopt an annual budget and authorize necessary
	261	+	14 expenditures from fees and other available appropriations,
	262	+	15 provided, in no event shall the expenditures of the board
	263	+	16 exceed the revenues in any fiscal year.
	264	+	17 "(4) Adopt a code of ethics.
	265	+	18 "(5) Provide for the inspection of the business
	266	+	19 premises of any licensee during normal business hours.
	267	+	20 "(6) Establish a list of approved massage therapy
	268	+	21 schools.
	269	+	22 "§34-43-8.
	270	+	23 "(a) No person may perform the duties of a massage
	271	+	24 therapist unless he or she possesses a current license issued
	272	+	25 pursuant to this chapter.
	273	+	Page 10 1 "(b) A licensed massage therapist may not perform
	274	+	2 massage therapy, whether or not for compensation, for a
	275	+	3 sexually oriented business.
	276	+	4 "(c) A licensed massage therapist shall not
	277	+	5 advertise or offer to perform services outside the scope of
	278	+	6 his or her expertise, experience, and education for clients
	279	+	7 who are ill, or those with physical dysfunction(s), unless
	280	+	8 such services are performed in conjunction with a licensed
	281	+	9 physician, physical therapist, or chiropractor.
	282	+	10 "(d) A licensed massage therapist or licensed
	283	+	11 massage therapy establishment may not advertise or offer to
	284	+	12 perform services on any sexually explicit website or online
	285	+	13 platform that promotes prostitution, sexually explicit
	286	+	14 services, or human trafficking.
	287	+	15 "§34-43-9.
	288	+	16 "(a) A person desiring to be licensed as a massage
	289	+	17 therapist shall apply to the board on forms provided by the
	290	+	18 board. Unless licensed pursuant to subsection (b), applicants
	291	+	19 for licensure shall submit evidence satisfactory to the board
	292	+	20 that they have met each of the following requirements:
	293	+	21 "(1) Satisfactorily completed a minimum of 500 hours
	294	+	22 of supervised courses of instruction which shall include, but
	295	+	23 not be limited to, anatomy, pathology, physiology, massage
	296	+	24 techniques, clinical practices, ethics, health, hygiene, and
	297	+	25 related subjects. The board shall determine how the 500 hours
	298	+	26 of instruction shall be broken down. The course of instruction
	299	+	27 may be provided by a massage therapy school approved by the
	300	+	Page 11 1 board. The minimum 500 hours shall consist of the following:
	301	+	2 325 hours dedicated to the study of basic massage therapy
	302	+	3 techniques and clinical practice related modalities; 125 hours
	303	+	4 dedicated to the study of anatomy, pathology, and physiology;
	304	+	5 and an additional 50 hours of discretionary related course
	305	+	6 work, including, but not limited to, hydrotherapy, business
	306	+	7 practices and professional ethics, health and hygiene, and
	307	+	8 cardiopulmonary resuscitation and first aid. Beginning January
	308	+	9 1, 1998, applicants for licensure shall be required to
	309	+	10 complete a minimum of 650 hours of instruction. By rule of the
	310	+	11 board, the minimum 650 hours shall consist of the following:
	311	+	12 100 hours of anatomy and physiology to include 35 hours of
	312	+	13 myology, 15 hours of osteology, 10 hours of circulatory
	313	+	14 system, and 10 hours of nervous system, with the remaining 30
	314	+	15 hours to address other body systems at the discretion of the
	315	+	16 school; 250 hours of basic massage therapy, the
	316	+	17 contradistinctions of massage therapy, and related touch
	317	+	18 therapy modalities, to include a minimum of 50 hours of
	318	+	19 supervised massage; 50 hours to include business,
	319	+	20 hydrotherapy, first aid, cardiopulmonary resuscitation, and
	320	+	21 professional ethics; and 250 hours of electives to be
	321	+	22 determined by the school. The board may adopt a rule to
	322	+	23 further increase the minimum number of hours of instruction
	323	+	24 required for licensure, not to exceed the number of hours
	324	+	25 recommended by the National Certification Board for
	325	+	26 Therapeutic Massage and Bodywork. Before performing
	326	+	27 therapeutic massage on an animal, a massage therapist shall
	327	+	Page 12 1 graduate from a nationally approved program and complete at
	328	+	2 least 100 hours of postgraduate training and education in
	329	+	3 animal anatomy, pathology, and physiology for the type of
	330	+	4 animal upon which the massage therapist wishes to perform
	331	+	5 therapeutic massage.
	332	+	6 "(2) Passed the National Certification Exam for
	333	+	7 Therapeutic Massage and Bodywork offered by the National
	334	+	8 Certification Board for Therapeutic Massage and Bodywork or an
	335	+	9 examination of equivalent stature that is accredited by the
	336	+	10 National Committee for Certifying Agencies Successfully passed
	337	+	11 a national standardized examination approved by the board.
	338	+	12 "(3) Completed a criminal history check.
	339	+	13 "(4) Paid all applicable fees.
	340	+	14 "(b) Notwithstanding the requirements in
	341	+	15 subdivisions (1) and (2) of subsection (a), the board may
	342	+	16 license an applicant if the applicant is licensed or
	343	+	17 registered in another state, which, in the opinion of the
	344	+	18 board, has standards of practice or licensure that are equal
	345	+	19 to or stricter than the requirements imposed by this chapter
	346	+	20 at the time of licensure in that state.
	347	+	21 "(c) Notwithstanding any other provision of this
	348	+	22 section to the contrary, each applicant for licensure shall be
	349	+	23 a citizen of the United States or, if not a citizen of the
	350	+	24 United States, a person who is legally present in the United
	351	+	25 States with appropriate documentation from the federal
	352	+	26 government.
	353	+	Page 13 1 "(d) The board may notify each applicant of the
	354	+	2 acceptance or rejection of his or her application. If the
	355	+	3 application is rejected, the board shall list the reasons for
	356	+	4 rejection.
	357	+	5 "§34-43-11.
	358	+	6 "(a) Establishments shall be licensed by the board.
	359	+	7 A sexually oriented business may not be licensed as an
	360	+	8 establishment and shall not operate as an establishment
	361	+	9 licensed pursuant to this chapter.
	362	+	10 "(b) Establishments shall employ only licensed
	363	+	11 massage therapists to perform massage therapy.
	364	+	12 "(c) The board shall provide by rule, for a fair and
	365	+	13 reasonable procedure to grant exemptions from the licensure
	366	+	14 requirement of this section when the applicant can show that
	367	+	15 the advertising of massage therapy services is incidental to
	368	+	16 the primary function of his or her business. No such exemption
	369	+	17 shall be granted to a sexually oriented business.
	370	+	18 "(c) Each establishment shall employ at least one
	371	+	19 licensed massage therapist who is registered with the board as
	372	+	20 the individual designated to ensure the establishment follows
	373	+	21 state law and administrative rules.
	374	+	22 "(d) An establishment license issued pursuant to
	375	+	23 this chapter is not assignable or transferable.
	376	+	24 "(e) Subsequent to an official complaint, the board
	377	+	25 may request a criminal background check of the establishment's
	378	+	26 licensees through the district attorney of the circuit in
	379	+	27 which the licensee is located Each unlicensed massage
	380	+	Page 14 1 therapist applying for an establishment license shall be
392	381		2 subject to a criminal history check. No licensed massage
393	382		3 therapist shall be subject to an additional criminal history
394	383		4 check when applying for an establishment license.
395	384		5 "(f) An establishment owned by an individual who is
396	385		6 not a resident of this state shall be subject to an initial
397	386		7 inspection before licensure. The amount of the initial
398	387		8 inspection fee shall be determined by rule of the board.
399	388		9 "§34-43-12.
400	389		10 "(a) Applications for licensure or renewal shall be
401	390		11 on forms provided by the board and shall be accompanied by the
402	391		12 proper fee. The application shall be legible, either printed
403	392		13 in black ink or typed. Applications sent by facsimile shall
404	393		14 not be accepted. A two-by-two photograph, taken no more than
405	394		15 six months earlier, showing a frontal view of the head and
406	395		16 shoulders of the applicant, shall be submitted with the
407	396		17 application. All documents shall be submitted in English.
408	397		18 "(b) Each applicant for licensure shall be subject
409	398		19 to a criminal history check. Refusal to consent to a criminal
410	399		20 history check constitutes grounds for the board to deny the
411	400		21 applicant's application for licensure.
412	401		22 "(c) The board shall issue a license to each person
413	402		23 who qualifies to be a massage therapist and to each qualified
414	403		24 massage therapy establishment. To be qualified for a license
415	404		25 as a massage therapist the applicant shall successfully pass
416		-	Page 16 HB453
417		-	1 the examination, pay the examination fee, pass the criminal
418		-	2 history check pursuant to rules adopted by the board, pay the
419		-	3 criminal history check fee, and pay the license fee. A license
420		-	4 grants all professional rights, honors, and privileges
421		-	5 relating to the practice of massage therapy.
422		-	6 "(d) Each licensed therapist shall display his or
423		-	7 her license in the manner specified by the board. Each
424		-	8 establishment shall post its license in plain sight and the
425		-	9 license of each massage therapist who practices in the
426		-	10 establishment.
427		-	11 "(e) A license is the property of the board and
428		-	12 shall be surrendered upon demand of the board.
429		-	13 "§34-43-14.
430		-	14 "(a) By rule, the board shall initially assess and
431		-	15 collect the following fees not to exceed:
432		-	16 "(1) One hundred sixty dollars ($160) for the
433		-	17 examination.
434		-	18 "(2) One hundred dollars ($100) (1) Two hundred
435		-	19 fifty dollars ($250) for the initial massage therapist license
436		-	20 which shall be issued for one year. The initial licensing fee
437		-	21 shall be assessed in the month when the applicant is notified
438		-	22 that the license has been approved.
439		-	23 "(3) One hundred dollars ($100) (2) Three hundred
440		-	24 dollars ($300) for all biennial license renewals postmarked or
441		-	Page 17 HB453
442		-	1 received at the office of the board by the date in which the
443		-	2 license expires.
444		-	3 "(4) Twenty-five dollars ($25) for the initial
445		-	4 application for licensure or the resubmission of the initial
446		-	5 application.
447		-	6 "(5) One hundred dollars ($100) (3) Three hundred
448		-	7 dollars ($300) for the initial, and any renewal of, an
449		-	8 establishment license.
450		-	9 "(6) Fifty dollars ($50) for the biennial renewal of
451		-	10 the establishment license.
452		-	11 "(7) Fifty dollars ($50) (4) Five hundred dollars
453		-	12 ($500) for the initial registration, and any renewal
454		-	13 registration, as a massage therapy school in this state.
455		-	14 "(8) Ten dollars ($10) to renew the registration as
456		-	15 a massage therapy school.
457		-	16 "(9) Ten dollars ($10) (5) Two hundred fifty dollars
458		-	17 ($250) to register and renew registration as a massage therapy
459		-	18 instructor in this state. This is a one-time fee and does not
460		-	19 have to be renewed.
461		-	20 "(10) Seventy-five dollars ($75) (6) One hundred
462		-	21 fifty dollars ($150) to reactivate an inactive expired
463		-	22 license.
464		-	23 "(11) Twenty-five dollars ($25) (7) One hundred
465		-	24 dollars ($100) shall be added to all license fees not
466		-	Page 18 HB453
467		-	1 post-marked or received by the board before the expiration
468		-	2 date of the license.
469		-	3 "(12) Fifteen dollars ($15) (8) Twenty-five dollars
470		-	4 ($25) to verify a license.
471		-	5 "(13) Ten dollars ($10) (9) Twenty-five dollars
472		-	6 ($25) for a duplicate license certificate or a name change on
473		-	7 a license certificate. The board may issue a duplicate
474		-	8 certificate only after receiving a sworn letter from the
475		-	9 massage therapist that the original certificate was lost,
476		-	10 stolen, or destroyed. The records of the board shall reflect
477		-	11 that a duplicate certificate was issued.
478		-	12 "(14)(10) A fee, set by the board, for the criminal
479		-	13 history check.
480		-	14 "(11) A fee, set by the board, for an establishment
481		-	15 inspection.
482		-	16 "(b) Necessary administrative fees may be charged by
483		-	17 the board, including, but not limited to, reasonable costs for
484		-	18 copying, labels, and lists. Examination and license fees may
485		-	19 be adjusted as the board shall deem appropriate.
486		-	20 "(c) There is hereby established a separate special
487		-	21 revenue trust fund in the State Treasury to be known as the
488		-	22 Alabama Board of Massage Therapy Fund. All receipts collected
489		-	23 by the board under the provisions of this chapter are to be
490		-	24 deposited in this fund and used only to carry out the
491		-	25 provisions of this chapter. Such receipts shall be disbursed
492		-	Page 19 HB453
493		-	1 only by warrant of the state Comptroller, upon itemized
494		-	2 vouchers approved by the chair of the board; provided that no
495		-	3 funds shall be withdrawn except as budgeted and allotted
496		-	4 according to the provisions of Sections 41-4-80 to 41-4-96,
497		-	5 inclusive, 41-19-1, and 41-19-12, as amended, and only in
498		-	6 amounts as stipulated in the general appropriations bill or
499		-	7 other appropriations bills.
500		-	8 "§34-43-15.
501		-	9 "(a) Any person may file with the board a written
502		-	10 and signed complaint regarding an allegation of impropriety by
503		-	11 a licensee, establishment, or person. Complaints shall be made
504		-	12 in the manner prescribed by the board. Complaints received by
505		-	13 the board shall be referred to a standing investigative
506		-	14 committee consisting of a board member, the Executive
507		-	15 Director, the board attorney, and the board investigator. If
508		-	16 no probable cause is found, the investigative committee may
509		-	17 dismiss the charges and prepare a statement, in writing, of
510		-	18 the reasons for the decision.
511		-	19 "(b) If probable cause is found, the board shall
512		-	20 initiate an administrative proceeding. Upon a finding that the
513		-	21 licensee has committed any of the following instances of
514		-	22 misconduct, the board may suspend, revoke, or refuse to issue
515		-	23 or renew a license or impose a civil penalty after notice and
516		-	24 opportunity for a hearing pursuant to the Administrative
517		-	25 Procedure Act:
518		-	Page 20 HB453
519		-	1 "(1) The license was obtained by means of fraud,
520		-	2 misrepresentation, or concealment of material facts, including
521		-	3 making a false statement on an application or any other
522		-	4 document required by the board for licensure.
523		-	5 "(2) The licensee sold or bartered or offered to
524		-	6 sell or barter a license for a massage therapist or a massage
525		-	7 therapy establishment.
526		-	8 "(3) The licensee has engaged in unprofessional
527		-	9 conduct that has endangered or is likely to endanger the
528		-	10 health, safety, and welfare of the public, as defined by the
529		-	11 rules of the board. As used in this subdivision,
530		-	12 unprofessional conduct includes, but is not limited to,
531		-	13 allowing any individual to remain in a massage therapy
532		-	14 establishment overnight.
533		-	15 "(4) The licensee has been convicted of a felony or
534		-	16 of any crime arising out of or connected with the practice of
535		-	17 massage therapy.
536		-	18 "(5) The licensee has violated or aided and abetted
537		-	19 in the violation of this chapter.
538		-	20 "(6) The licensee is adjudicated as mentally
539		-	21 incompetent by a court of law.
540		-	22 "(7) The licensee uses controlled substances or
541		-	23 habitually and excessively uses alcohol.
542		-	24 "(8) The licensee engaged in false, deceptive, or
543		-	25 misleading advertising.
544		-	Page 21 HB453
545		-	1 "(9) The licensee engaged in or attempted to or
546		-	2 offered to engage a client in sexual activity, including but
547		-	3 not limited to genital contact, within the client-massage
548		-	4 therapist relationship.
549		-	5 "(10) The licensee has knowingly allowed the massage
550		-	6 therapy establishment to be used as an overnight sleeping
551		-	7 accommodation.
552		-	8 "(11) The licensee had a license revoked, suspended,
553		-	9 or denied in any other territory or jurisdiction of the United
554		-	10 States for any act described in this section.
555		-	11 "(c)(1) A person governed by this chapter who has a
556		-	12 reasonable belief that another massage therapist has engaged
557		-	13 in or attempted to or offered to engage a client in sexual
558		-	14 activity, as provided in subdivision (9) of subsection (b),
559		-	15 shall inform the board in writing within 30 calendar days from
560		-	16 the date the person discovers this activity. Upon finding that
561		-	17 a person has violated this subsection, the board may do any of
562		-	18 the following:
563		-	19 "a. Impose an administrative fine of not more than
564		-	20 ten thousand dollars ($10,000) twenty-five thousand dollars
565		-	21 ($25,000).
566		-	22 "b. Suspend or revoke the person's license to
567		-	23 practice massage therapy.
568		-	24 "(2) Upon a finding that a person has violated this
569		-	25 subsection three or more times, the board shall impose a
570		-	Page 22 HB453
571		-	1 mandatory license suspension for a period of no less than
572		-	2 three years and a fine of ten thousand dollars ($10,000)
573		-	3 twenty-five thousand dollars ($25,000).
574		-	4 "(d) Any person who has been convicted of, or
575		-	5 entered a plea of nolo contendere to, a crime or offense
576		-	6 involving prostitution or other sexual offenses is ineligible
577		-	7 to hold a license as a massage therapist for a period of at
578		-	8 least three years after the entry of the conviction or plea.
579		-	9 The board retains the right to revoke a license indefinitely
580		-	10 if the licensee is proven guilty of a crime or of sexual
581		-	11 misconduct. Reinstatement of licensure is contingent upon
582		-	12 proof of weekly counseling by a licensed professional
583		-	13 counselor.
584		-	14 "(e) Any person who An establishment where a person
585		-	15 has been convicted of, or entered a plea of nolo contendere
586		-	16 to, an offense involving prostitution or any other type of
587		-	17 sexual offense may not receive a license for a massage therapy
588		-	18 establishment for a period of three years after the date of
589		-	19 conviction or entry of the plea. The board shall revoke the
590		-	20 establishment license of any establishment which the board
591		-	21 determines is a sexually oriented business. The board may
592		-	22 revoke an establishment license if a person is convicted of,
593		-	23 or enters a plea of nolo contendere to, any crime involving
594		-	24 prostitution or any other sexual offense against a client
595		-	Page 23 HB453
596		-	1 which occurred on the premises of the establishment. The
597		-	2 violation is attached to the address of the establishment.
598		-	3 "(f)(1) Upon finding a person, governed by this
599		-	4 chapter, performing massage therapy without having obtained a
600		-	5 license, the board may do any of the following:
601		-	6 "a. Impose an administrative fine of not more than
602		-	7 ten thousand dollars ($10,000) twenty-five thousand dollars
603		-	8 ($25,000).
604		-	9 "b. Issue a cease and desist order.
605		-	10 "c. Petition the circuit court of the county where
606		-	11 the act occurred to enforce the cease and desist order and
607		-	12 collect the assessed fine.
608		-	13 "(2) Any person aggrieved by any adverse action of
609		-	14 the board must appeal the action to the Circuit Court of
610		-	15 Montgomery County in accordance with the Alabama
611		-	16 Administrative Procedure Act.
612		-	17 "(g) The board shall present any incident of
613		-	18 misconduct to the local district attorney for review and
614		-	19 appropriate action.
615		-	20 "(h) The board may adopt rules to implement and
616		-	21 administer this section.
617		-	22 "§34-43-20.
618		-	23 "(a) To be approved by the board, a massage therapy
619		-	24 school shall meet the following requirements:
620		-	Page 24 HB453
621		-	1 "(1) File a completed application prescribed by the
622		-	2 board with the board and pay a registration fee as specified
623		-	3 in Section 34-43-14.
624		-	4 "(2) Provide documentation of a curriculum which
625		-	5 includes a minimum number of required hours of instruction in
626		-	6 the subjects required pursuant to Section 34-43-9.
627		-	7 "(3) Register annually with the board by filing a
628		-	8 renewal form accompanied with the renewal fee pursuant to
629		-	9 Section 34-43-14, and submit a current curriculum and a list
630		-	10 of instructors.
631		-	11 "(b) Every instructor teaching course work titled
632		-	12 massage therapy at a board approved school located in Alabama
633		-	13 shall be licensed in Alabama as a massage therapist and
634		-	14 registered as a massage therapy instructor. Instructors who
635		-	15 are not teaching massage therapy do not need to be registered.
636		-	16 Any adjunct instructors shall be dually licensed in the state
637		-	17 where they reside, be nationally certified, or both.
638		-	18 "(c) The board shall register as a massage therapy
639		-	19 instructor any applicant who meets all of the following
640		-	20 requirements:
641		-	21 "(1) Is currently licensed as a massage therapist in
642		-	22 Alabama.
643		-	23 "(2) Has filed a completed application prescribed by
644		-	24 the board and paid a one-time application fee pursuant to
645		-	25 Section 34-43-14.
646		-	Page 25 HB453
647		-	1 "(3) Documents two three years of experience in the
648		-	2 practice of massage therapy. The documentation may be
649		-	3 considered by the board on a case-by-case basis.
650		-	4 "(4) Any other requirements adopted by rule of the
651		-	5 board.
652		-	6 "§34-43-21.
653		-	7 "(a) Every massage therapist licensed pursuant to
654		-	8 this chapter shall be required to complete 16 hours of
655		-	9 continuing education as a condition for renewing his or her
656		-	10 license. The continuing education courses shall be offered by
657		-	11 providers approved by the board. The courses shall have been
658		-	12 completed within the 24 months preceding the date renewal is
659		-	13 due. Hours in excess of the total number required may not be
660		-	14 carried over to future renewals. The continuing education
661		-	15 requirements shall not apply to a massage therapist within the
662		-	16 biennium when the massage therapist is first licensed, but
663		-	17 shall apply to licensees every biennium thereafter. The board
664		-	18 may accept for compliance with the continuing education
665		-	19 requirement any of the following:
666		-	20 "(1) Courses or providers which contribute directly
667		-	21 to the massage therapy education of the licensee.
668		-	22 "(2) Courses, seminars, workshops, and classes in
669		-	23 areas related to the practice of massage therapy such as:
670		-	24 Massage, bodywork, allied health care fields (including
671		-	25 psychology and medicine), anatomy and physiology, business,
672		-	Page 26 HB453
673		-	1 insurance, movement therapy, stress management, yoga, CPR, and
674		-	2 advanced first aid.
675		-	3 "(3) Courses of study offered by registered massage
676		-	4 therapy schools in Alabama, or by massage therapy instructors
677		-	5 registered with the board, or by any national organization in
678		-	6 the field of massage therapy or related touch therapy field.
679		-	7 "(b) Up to 25 percent, or four hours of credit, of
680		-	8 the required number of hours of continuing education may be
681		-	9 earned in each of the following areas:
682		-	10 "(1) Teaching a qualifying class, course, seminar,
683		-	11 or workshop.
684		-	12 "(2) Publishing an article in the field relating to
685		-	13 massage therapy.
686		-	14 "(3) Speaking on the subject of massage therapy.
687		-	15 "(4) Being a panelist discussing massage therapy.
688		-	16 "(5) Participating in a personal growth class.
689		-	17 "(6) Two hours of professional ethics.
690		-	18 "(c) Each of the areas listed in subsection (b) may
691		-	19 be used for up to four hours of credit depending on the actual
692		-	20 contact hours. One continuing education credit is defined as
693		-	21 no less than 50 uninterrupted minutes of learning, except that
694		-	22 publishing an article will automatically count for four hours.
695		-	23 Continuing education credit may not be awarded for programs
696		-	24 which do not relate to subjects listed in this section, or for
697		-	25 repeated courses submitted the previous biennium, except for
698		-	Page 27 HB453
699		-	1 courses listed in subsection (b). The board may select, in a
700		-	2 random manner, license renewal applications for audit of
701		-	3 continuing education credit. Each licensee shall be
702		-	4 responsible for maintaining in his or her personal files the
703		-	5 certificates or records of credit from continuing education
704		-	6 programs received from approved program providers. Each
705		-	7 licensee selected for audit shall be required to produce
706		-	8 documentation of attendance at those continuing education
707		-	9 activities listed on his or her renewal application.
708		-	10 "(1) The board shall send to each licensee selected
709		-	11 for audit, a notice of audit. The licensee shall provide
710		-	12 satisfactory documentation of attendance at, or participation
711		-	13 in, the approved continuing education programs listed in the
712		-	14 renewal application.
713		-	15 "(2) The licensee shall ascertain that the
714		-	16 continuing education program is approved by the board.
715		-	17 "(d) The board shall evaluate applications from all
716		-	18 providers of continuing education programs, including massage
717		-	19 therapy schools and instructors, in order to determine if
718		-	20 approval shall be granted or denied.
719		-	21 "(1) The provider or licensee shall submit to the
720		-	22 board an application on a form provided by the board. Only
721		-	23 applications which are complete will be considered.
722		-	24 "(2) The provider or licensee shall submit a
723		-	25 complete application to the board at least 60 days prior to
724		-	Page 28 HB453
725		-	1 the date on which the training event is to be given to gain
726		-	2 approval before the program is presented.
727		-	3 "(e) The board is subject to the Alabama Sunset Law
728		-	4 of 1981, and is classified as an enumerated agency pursuant to
729		-	5 Section 41-20-3. The board shall automatically terminate on
730		-	6 October 1, 2007, and every four years thereafter, unless
731		-	7 continued pursuant to the Alabama Sunset Law.
732		-	8 (a) The board is subject to the Alabama Sunset Law
733		-	9 of 1981, and is classified as an enumerated agency pursuant to
734		-	10 Section 41-20-3. The board shall automatically terminate on
735		-	11 October 1, 2007, and every four years thereafter, unless
736		-	12 continued pursuant to the Alabama Sunset Law.
737		-	13 "(b) The board shall adopt a program of continuing
738		-	14 education for licensees which shall be a requisite for the
739		-	15 renewal of licenses issued pursuant to this chapter."
740		-	16 Section 2. Section 34-43-10, Code of Alabama 1975,
741		-	17 providing for a massage therapist examination, is repealed.
742		-	18 Section 3. This act shall become effective on the
743		-	19 first day of the third month following its passage and
744		-	20 approval by the Governor, or its otherwise becoming law.
745		-	Page 29 HB453
746		-	1
	405	+	26 the examination, pay the examination fee, pass the criminal
	406	+	27 history check pursuant to rules adopted by the board, pay the
	407	+	Page 15 1 criminal history check fee, and pay the license fee. A license
	408	+	2 grants all professional rights, honors, and privileges
	409	+	3 relating to the practice of massage therapy.
	410	+	4 "(d) Each licensed therapist shall display his or
	411	+	5 her license in the manner specified by the board. Each
	412	+	6 establishment shall post its license in plain sight and the
	413	+	7 license of each massage therapist who practices in the
	414	+	8 establishment.
	415	+	9 "(e) A license is the property of the board and
	416	+	10 shall be surrendered upon demand of the board.
	417	+	11 "§34-43-14.
	418	+	12 "(a) By rule, the board shall initially assess and
	419	+	13 collect the following fees not to exceed:
	420	+	14 "(1) One hundred sixty dollars ($160) for the
	421	+	15 examination.
	422	+	16 "(2) One hundred dollars ($100) (1) Two hundred
	423	+	17 fifty dollars ($250) for the initial massage therapist license
	424	+	18 which shall be issued for one year. The initial licensing fee
	425	+	19 shall be assessed in the month when the applicant is notified
	426	+	20 that the license has been approved.
	427	+	21 "(3) One hundred dollars ($100) (2) Three hundred
	428	+	22 dollars ($300) for all biennial license renewals postmarked or
	429	+	23 received at the office of the board by the date in which the
	430	+	24 license expires.
	431	+	25 "(4) Twenty-five dollars ($25) for the initial
	432	+	26 application for licensure or the resubmission of the initial
	433	+	27 application.
	434	+	Page 16 1 "(5) One hundred dollars ($100) (3) Three hundred
	435	+	2 dollars ($300) for the initial, and any renewal of, an
	436	+	3 establishment license.
	437	+	4 "(6) Fifty dollars ($50) for the biennial renewal of
	438	+	5 the establishment license.
	439	+	6 "(7) Fifty dollars ($50) (4) Five hundred dollars
	440	+	7 ($500) for the initial registration, and any renewal
	441	+	8 registration, as a massage therapy school in this state.
	442	+	9 "(8) Ten dollars ($10) to renew the registration as
	443	+	10 a massage therapy school.
	444	+	11 "(9) Ten dollars ($10) (5) Two hundred fifty dollars
	445	+	12 ($250) to register and renew registration as a massage therapy
	446	+	13 instructor in this state. This is a one-time fee and does not
	447	+	14 have to be renewed.
	448	+	15 "(10) Seventy-five dollars ($75) (6) One hundred
	449	+	16 fifty dollars ($150) to reactivate an inactive expired
	450	+	17 license.
	451	+	18 "(11) Twenty-five dollars ($25) (7) One hundred
	452	+	19 dollars ($100) shall be added to all license fees not
	453	+	20 post-marked or received by the board before the expiration
	454	+	21 date of the license.
	455	+	22 "(12) Fifteen dollars ($15) (8) Twenty-five dollars
	456	+	23 ($25) to verify a license.
	457	+	24 "(13) Ten dollars ($10) (9) Twenty-five dollars
	458	+	25 ($25) for a duplicate license certificate or a name change on
	459	+	26 a license certificate. The board may issue a duplicate
	460	+	27 certificate only after receiving a sworn letter from the
	461	+	Page 17 1 massage therapist that the original certificate was lost,
	462	+	2 stolen, or destroyed. The records of the board shall reflect
	463	+	3 that a duplicate certificate was issued.
	464	+	4 "(14)(10) A fee, set by the board, for the criminal
	465	+	5 history check.
	466	+	6 "(11) A fee, set by the board, for an establishment
	467	+	7 inspection.
	468	+	8 "(b) Necessary administrative fees may be charged by
	469	+	9 the board, including, but not limited to, reasonable costs for
	470	+	10 copying, labels, and lists. Examination and license fees may
	471	+	11 be adjusted as the board shall deem appropriate.
	472	+	12 "(c) There is hereby established a separate special
	473	+	13 revenue trust fund in the State Treasury to be known as the
	474	+	14 Alabama Board of Massage Therapy Fund. All receipts collected
	475	+	15 by the board under the provisions of this chapter are to be
	476	+	16 deposited in this fund and used only to carry out the
	477	+	17 provisions of this chapter. Such receipts shall be disbursed
	478	+	18 only by warrant of the state Comptroller, upon itemized
	479	+	19 vouchers approved by the chair of the board; provided that no
	480	+	20 funds shall be withdrawn except as budgeted and allotted
	481	+	21 according to the provisions of Sections 41-4-80 to 41-4-96,
	482	+	22 inclusive, 41-19-1, and 41-19-12, as amended, and only in
	483	+	23 amounts as stipulated in the general appropriations bill or
	484	+	24 other appropriations bills.
	485	+	25 "§34-43-15.
	486	+	26 "(a) Any person may file with the board a written
	487	+	27 and signed complaint regarding an allegation of impropriety by
	488	+	Page 18 1 a licensee, establishment, or person. Complaints shall be made
	489	+	2 in the manner prescribed by the board. Complaints received by
	490	+	3 the board shall be referred to a standing investigative
	491	+	4 committee consisting of a board member, the Executive
	492	+	5 Director, the board attorney, and the board investigator. If
	493	+	6 no probable cause is found, the investigative committee may
	494	+	7 dismiss the charges and prepare a statement, in writing, of
	495	+	8 the reasons for the decision.
	496	+	9 "(b) If probable cause is found, the board shall
	497	+	10 initiate an administrative proceeding. Upon a finding that the
	498	+	11 licensee has committed any of the following instances of
	499	+	12 misconduct, the board may suspend, revoke, or refuse to issue
	500	+	13 or renew a license or impose a civil penalty after notice and
	501	+	14 opportunity for a hearing pursuant to the Administrative
	502	+	15 Procedure Act:
	503	+	16 "(1) The license was obtained by means of fraud,
	504	+	17 misrepresentation, or concealment of material facts, including
	505	+	18 making a false statement on an application or any other
	506	+	19 document required by the board for licensure.
	507	+	20 "(2) The licensee sold or bartered or offered to
	508	+	21 sell or barter a license for a massage therapist or a massage
	509	+	22 therapy establishment.
	510	+	23 "(3) The licensee has engaged in unprofessional
	511	+	24 conduct that has endangered or is likely to endanger the
	512	+	25 health, safety, and welfare of the public, as defined by the
	513	+	26 rules of the board. As used in this subdivision,
	514	+	27 unprofessional conduct includes, but is not limited to,
	515	+	Page 19 1 allowing any individual to remain in a massage therapy
	516	+	2 establishment overnight.
	517	+	3 "(4) The licensee has been convicted of a felony or
	518	+	4 of any crime arising out of or connected with the practice of
	519	+	5 massage therapy.
	520	+	6 "(5) The licensee has violated or aided and abetted
	521	+	7 in the violation of this chapter.
	522	+	8 "(6) The licensee is adjudicated as mentally
	523	+	9 incompetent by a court of law.
	524	+	10 "(7) The licensee uses controlled substances or
	525	+	11 habitually and excessively uses alcohol.
	526	+	12 "(8) The licensee engaged in false, deceptive, or
	527	+	13 misleading advertising.
	528	+	14 "(9) The licensee engaged in or attempted to or
	529	+	15 offered to engage a client in sexual activity, including but
	530	+	16 not limited to genital contact, within the client-massage
	531	+	17 therapist relationship.
	532	+	18 "(10) The licensee has knowingly allowed the massage
	533	+	19 therapy establishment to be used as an overnight sleeping
	534	+	20 accommodation.
	535	+	21 "(11) The licensee had a license revoked, suspended,
	536	+	22 or denied in any other territory or jurisdiction of the United
	537	+	23 States for any act described in this section.
	538	+	24 "(c)(1) A person governed by this chapter who has a
	539	+	25 reasonable belief that another massage therapist has engaged
	540	+	26 in or attempted to or offered to engage a client in sexual
	541	+	27 activity, as provided in subdivision (9) of subsection (b),
	542	+	Page 20 1 shall inform the board in writing within 30 calendar days from
	543	+	2 the date the person discovers this activity. Upon finding that
	544	+	3 a person has violated this subsection, the board may do any of
	545	+	4 the following:
	546	+	5 "a. Impose an administrative fine of not more than
	547	+	6 ten thousand dollars ($10,000) twenty-five thousand dollars
	548	+	7 ($25,000).
	549	+	8 "b. Suspend or revoke the person's license to
	550	+	9 practice massage therapy.
	551	+	10 "(2) Upon a finding that a person has violated this
	552	+	11 subsection three or more times, the board shall impose a
	553	+	12 mandatory license suspension for a period of no less than
	554	+	13 three years and a fine of ten thousand dollars ($10,000)
	555	+	14 twenty-five thousand dollars ($25,000).
	556	+	15 "(d) Any person who has been convicted of, or
	557	+	16 entered a plea of nolo contendere to, a crime or offense
	558	+	17 involving prostitution or other sexual offenses is ineligible
	559	+	18 to hold a license as a massage therapist for a period of at
	560	+	19 least three years after the entry of the conviction or plea.
	561	+	20 The board retains the right to revoke a license indefinitely
	562	+	21 if the licensee is proven guilty of a crime or of sexual
	563	+	22 misconduct. Reinstatement of licensure is contingent upon
	564	+	23 proof of weekly counseling by a licensed professional
	565	+	24 counselor.
	566	+	25 "(e) Any person who An establishment where a person
	567	+	26 has been convicted of, or entered a plea of nolo contendere
	568	+	27 to, an offense involving prostitution or any other type of
	569	+	Page 21 1 sexual offense may not receive a license for a massage therapy
	570	+	2 establishment for a period of three years after the date of
	571	+	3 conviction or entry of the plea. The board shall revoke the
	572	+	4 establishment license of any establishment which the board
	573	+	5 determines is a sexually oriented business. The board may
	574	+	6 revoke an establishment license if a person is convicted of,
	575	+	7 or enters a plea of nolo contendere to, any crime involving
	576	+	8 prostitution or any other sexual offense against a client
	577	+	9 which occurred on the premises of the establishment. The
	578	+	10 violation is attached to the address of the establishment.
	579	+	11 "(f)(1) Upon finding a person, governed by this
	580	+	12 chapter, performing massage therapy without having obtained a
	581	+	13 license, the board may do any of the following:
	582	+	14 "a. Impose an administrative fine of not more than
	583	+	15 ten thousand dollars ($10,000) twenty-five thousand dollars
	584	+	16 ($25,000).
	585	+	17 "b. Issue a cease and desist order.
	586	+	18 "c. Petition the circuit court of the county where
	587	+	19 the act occurred to enforce the cease and desist order and
	588	+	20 collect the assessed fine.
	589	+	21 "(2) Any person aggrieved by any adverse action of
	590	+	22 the board must appeal the action to the Circuit Court of
	591	+	23 Montgomery County in accordance with the Alabama
	592	+	24 Administrative Procedure Act.
	593	+	25 "(g) The board shall present any incident of
	594	+	26 misconduct to the local district attorney for review and
	595	+	27 appropriate action.
	596	+	Page 22 1 "(h) The board may adopt rules to implement and
	597	+	2 administer this section.
	598	+	3 "§34-43-20.
	599	+	4 "(a) To be approved by the board, a massage therapy
	600	+	5 school shall meet the following requirements:
	601	+	6 "(1) File a completed application prescribed by the
	602	+	7 board with the board and pay a registration fee as specified
	603	+	8 in Section 34-43-14.
	604	+	9 "(2) Provide documentation of a curriculum which
	605	+	10 includes a minimum number of required hours of instruction in
	606	+	11 the subjects required pursuant to Section 34-43-9.
	607	+	12 "(3) Register annually with the board by filing a
	608	+	13 renewal form accompanied with the renewal fee pursuant to
	609	+	14 Section 34-43-14, and submit a current curriculum and a list
	610	+	15 of instructors.
	611	+	16 "(b) Every instructor teaching course work titled
	612	+	17 massage therapy at a board approved school located in Alabama
	613	+	18 shall be licensed in Alabama as a massage therapist and
	614	+	19 registered as a massage therapy instructor. Instructors who
	615	+	20 are not teaching massage therapy do not need to be registered.
	616	+	21 Any adjunct instructors shall be dually licensed in the state
	617	+	22 where they reside, be nationally certified, or both.
	618	+	23 "(c) The board shall register as a massage therapy
	619	+	24 instructor any applicant who meets all of the following
	620	+	25 requirements:
	621	+	26 "(1) Is currently licensed as a massage therapist in
	622	+	27 Alabama.
	623	+	Page 23 1 "(2) Has filed a completed application prescribed by
	624	+	2 the board and paid a one-time application fee pursuant to
	625	+	3 Section 34-43-14.
	626	+	4 "(3) Documents two three years of experience in the
	627	+	5 practice of massage therapy. The documentation may be
	628	+	6 considered by the board on a case-by-case basis.
	629	+	7 "(4) Any other requirements adopted by rule of the
	630	+	8 board.
	631	+	9 "§34-43-21.
	632	+	10 "(a) Every massage therapist licensed pursuant to
	633	+	11 this chapter shall be required to complete 16 hours of
	634	+	12 continuing education as a condition for renewing his or her
	635	+	13 license. The continuing education courses shall be offered by
	636	+	14 providers approved by the board. The courses shall have been
	637	+	15 completed within the 24 months preceding the date renewal is
	638	+	16 due. Hours in excess of the total number required may not be
	639	+	17 carried over to future renewals. The continuing education
	640	+	18 requirements shall not apply to a massage therapist within the
	641	+	19 biennium when the massage therapist is first licensed, but
	642	+	20 shall apply to licensees every biennium thereafter. The board
	643	+	21 may accept for compliance with the continuing education
	644	+	22 requirement any of the following:
	645	+	23 "(1) Courses or providers which contribute directly
	646	+	24 to the massage therapy education of the licensee.
	647	+	25 "(2) Courses, seminars, workshops, and classes in
	648	+	26 areas related to the practice of massage therapy such as:
	649	+	27 Massage, bodywork, allied health care fields (including
	650	+	Page 24 1 psychology and medicine), anatomy and physiology, business,
	651	+	2 insurance, movement therapy, stress management, yoga, CPR, and
	652	+	3 advanced first aid.
	653	+	4 "(3) Courses of study offered by registered massage
	654	+	5 therapy schools in Alabama, or by massage therapy instructors
	655	+	6 registered with the board, or by any national organization in
	656	+	7 the field of massage therapy or related touch therapy field.
	657	+	8 "(b) Up to 25 percent, or four hours of credit, of
	658	+	9 the required number of hours of continuing education may be
	659	+	10 earned in each of the following areas:
	660	+	11 "(1) Teaching a qualifying class, course, seminar,
	661	+	12 or workshop.
	662	+	13 "(2) Publishing an article in the field relating to
	663	+	14 massage therapy.
	664	+	15 "(3) Speaking on the subject of massage therapy.
	665	+	16 "(4) Being a panelist discussing massage therapy.
	666	+	17 "(5) Participating in a personal growth class.
	667	+	18 "(6) Two hours of professional ethics.
	668	+	19 "(c) Each of the areas listed in subsection (b) may
	669	+	20 be used for up to four hours of credit depending on the actual
	670	+	21 contact hours. One continuing education credit is defined as
	671	+	22 no less than 50 uninterrupted minutes of learning, except that
	672	+	23 publishing an article will automatically count for four hours.
	673	+	24 Continuing education credit may not be awarded for programs
	674	+	25 which do not relate to subjects listed in this section, or for
	675	+	26 repeated courses submitted the previous biennium, except for
	676	+	27 courses listed in subsection (b). The board may select, in a
	677	+	Page 25 1 random manner, license renewal applications for audit of
	678	+	2 continuing education credit. Each licensee shall be
	679	+	3 responsible for maintaining in his or her personal files the
	680	+	4 certificates or records of credit from continuing education
	681	+	5 programs received from approved program providers. Each
	682	+	6 licensee selected for audit shall be required to produce
	683	+	7 documentation of attendance at those continuing education
	684	+	8 activities listed on his or her renewal application.
	685	+	9 "(1) The board shall send to each licensee selected
	686	+	10 for audit, a notice of audit. The licensee shall provide
	687	+	11 satisfactory documentation of attendance at, or participation
	688	+	12 in, the approved continuing education programs listed in the
	689	+	13 renewal application.
	690	+	14 "(2) The licensee shall ascertain that the
	691	+	15 continuing education program is approved by the board.
	692	+	16 "(d) The board shall evaluate applications from all
	693	+	17 providers of continuing education programs, including massage
	694	+	18 therapy schools and instructors, in order to determine if
	695	+	19 approval shall be granted or denied.
	696	+	20 "(1) The provider or licensee shall submit to the
	697	+	21 board an application on a form provided by the board. Only
	698	+	22 applications which are complete will be considered.
	699	+	23 "(2) The provider or licensee shall submit a
	700	+	24 complete application to the board at least 60 days prior to
	701	+	25 the date on which the training event is to be given to gain
	702	+	26 approval before the program is presented.
	703	+	Page 26 1 "(e) The board is subject to the Alabama Sunset Law
	704	+	2 of 1981, and is classified as an enumerated agency pursuant to
	705	+	3 Section 41-20-3. The board shall automatically terminate on
	706	+	4 October 1, 2007, and every four years thereafter, unless
	707	+	5 continued pursuant to the Alabama Sunset Law.
	708	+	6 (a) The board is subject to the Alabama Sunset Law
	709	+	7 of 1981, and is classified as an enumerated agency pursuant to
	710	+	8 Section 41-20-3. The board shall automatically terminate on
	711	+	9 October 1, 2007, and every four years thereafter, unless
	712	+	10 continued pursuant to the Alabama Sunset Law.
	713	+	11 "(b) The board shall adopt a program of continuing
	714	+	12 education for licensees which shall be a requisite for the
	715	+	13 renewal of licenses issued pursuant to this chapter."
	716	+	14 Section 2. Section 34-43-10, Code of Alabama 1975,
	717	+	15 providing for a massage therapist examination, is repealed.
	718	+	16 Section 3. This act shall become effective on the
	719	+	17 first day of the third month following its passage and
	720	+	18 approval by the Governor, or its otherwise becoming law.
	721	+	Page 27 1
747	722		2
748		-	3
749		-	4
750		-	Speaker of the House of Representatives
751		-
752		-	5
753		-	6 President and Presiding Officer of the Senate
754		-	House of Representatives7
755		-	I hereby certify that the within Act originated in8
756		-	9 and was passed by the House 31-MAR-22, as amended.
757		-	10
758		-	11 Jeff Woodard
759		-	12 Clerk
760		-	13
761		-	14
	723	+	House of Representatives3
	724	+	Read for the first time and re-4
	725	+	5 ferred to the House of Representa-
	726	+	6 tives committee on Boards, Agencies
	727	+	and Commissions....................7 .......08-MAR-22
	728	+	8
	729	+	Read for the second time and placed9
	730	+	on the calendar 1 amendment ......10 .......17-MAR-22
	731	+	11
	732	+	Read for the third time and passed12
	733	+	as amended.........................13 .......31-MAR-22
	734	+	Yeas 93, Nays 0, Abstains 614
762	735		15
763		-	Senate16 07-APR-22 Passed
764		-	17
765		-	Page 30
	736	+	16 Jeff Woodard
	737	+	17 Clerk
	738	+	18
	739	+	Page 28