Alabama 2023 Regular Session

Alabama House Bill HB192 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB192ENROLLED~~
	1	+	HB192INTRODUCED
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3		-	U9HEXX-2
	3	+	U9HEXX-1
4	4		By Representative Reynolds
5		-	RFD: ~~Conference Committee on HB192~~
	5	+	RFD: Boards, Agencies and Commissions
6	6		First Read: 23-Mar-23
7		-	2023 Regular Session
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12		-	5 ~~HB192 EnrolledHB192 Enrolled~~
	11	+	5 U9HEXX-1 01/18/2023 KMS (L) cr 2022-5259
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14		-	Enrolled, An Act,
	13	+	SYNOPSIS:
	14	+	Under existing law, termination dates are
	15	+	established for enumerated state agencies. The agencies
	16	+	are periodically reviewed by the Alabama Sunset
	17	+	Committee. After the review process is completed, the
	18	+	committee prepares its recommendation for the agencies
	19	+	to the Legislature in the form of sunset bills which
	20	+	either continue, terminate, or continue with
	21	+	modification each agency reviewed.
	22	+	This bill would provide for the continuance of
	23	+	the Alabama Board of Massage Therapy.
	24	+	A BILL
	25	+	TO BE ENTITLED
	26	+	AN ACT
15	27		Relating to the Alabama Sunset Law; to continue the
16	28		existence and functioning of the Alabama Board of Massage
17		-	Therapy until October 1, 2024, with certain modifications: To
18		-	amend Sections 34-43-6, 34-43-9, 34-43-11, 34-43-12, 34-43-13,
19		-	34-43-14, 34-43-15, 34-43-20, and 34-43-21, Code of Alabama
20		-	1975, as amended by Act 2022-408, 2022 Regular Session; to
21		-	require representation on the board from each Congressional
22		-	District; to require meetings to be recorded, upon request; to
23		-	require the publication of proposed rules and related
24		-	proceedings on the board website; to require the board to
25		-	accept a criminal history check from an approved national
26		-	board under certain circumstances; and to cap certain fees
27		-	charged by the board.
	29	+	Therapy until October 1, 2027.
28	30		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29	31		Section 1. Pursuant to the Alabama Sunset Law, the
30	32		Sunset Committee recommends the continuance of the Alabama
31		-	Board of Massage Therapy until October 1, 2024, with the
32		-	additional recommendation for statutory change as set out in
33		-	Section 3.
	33	+	Board of Massage Therapy until October 1, 2027.
34	34		Section 2. The existence and functioning of the Alabama
35		-	Board of Massage Therapy, created and functioning pursuant to
36		-	Sections 34-43-1 to 34-43-21, inclusive, Code of Alabama 1975,
37		-	is continued until October 1, 2024, and those code sections
38		-	are expressly preserved.
39		-	Section 3. Sections 34-43-6, 34-43-9, 34-43-11,
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69		-	34-43-12, 34-43-13, 34-43-14, 34-43-15, 34-43-20, and 34-43-21
70		-	of the Code of Alabama 1975, as amended by Act 2022-408, 2022
71		-	Regular Session, are amended to read as follows:
72		-	"§34-43-6
73		-	(a) There is created the Alabama Board of Massage
74		-	Therapy. The purpose of the board is to protect the health,
75		-	safety, and welfare of the public by ensuring that licensed
76		-	massage therapists, massage therapy schools, and massage
77		-	therapy instructors meet prescribed standards of education,
78		-	competency, and practice. To accomplish this mission, the
79		-	board shall establish standards pursuant to this chapter to
80		-	complete all board functions in a timely and effective manner
81		-	and to provide open and immediate access to all relevant
82		-	public information. The board shall communicate its
83		-	responsibilities and services to the public as part of its
84		-	consumer protection duties. The board shall develop and
85		-	implement a long range plan to ensure effective regulation and
86		-	consumer protection.
87		-	(b) The board shall consist of seven members appointed
88		-	by the Governor, subject to confirmation by the Senate. No
89		-	member of the board shall serve more than two full consecutive
90		-	terms. The members initially appointed to the board shall be
91		-	appointed not later than July 16, 1996. Five of the members
92		-	initially appointed to the board shall have been actively
93		-	engaged in the practice of massage therapy for not less than
94		-	three consecutive years prior to the date of their appointment
95		-	to the board. Successor members to these initial five
96		-	appointees shall be licensees of the board. Two members shall
	64	+	Board of Massage Therapy, created and functioning pursuant to
	65	+	Sections 34-43-1 to 34-43-21, inclusive, Code of Alabama 1975,
	66	+	is continued until October 1, 2027, and those code sections
	67	+	are expressly preserved.
	68	+	Section 3. The Legislature concurs in the
	69	+	recommendations of the Sunset Committee as provided in
	70	+	Sections 1 and 2.
	71	+	Section 4. This act shall become effective immediately
	72	+	upon its passage and approval by the Governor, or upon its
	73	+	otherwise becoming a law.
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126		-	be public members who shall not be licensed, nor have been
127		-	licensed in the past, and shall not have any direct financial
128		-	interest in the massage therapy profession. Each board member
129		-	shall be a high school graduate or shall have received a
130		-	graduate equivalency diploma. Each board member shall be
131		-	selected upon personal merit and qualifications, not per
132		-	membership or affiliation with an association. Each board
133		-	member shall be a citizen of the United States and this state
134		-	and a resident of this state for two years immediately
135		-	preceding the appointment. The Governor shall coordinate his
136		-	or her appointments to assure that the membership of the board
137		-	shall be is inclusive and reflect reflects the racial, gender,
138		-	geographic, urban/rural urban, rural, and economic diversity
139		-	of the state. As the terms of members serving on the board on
140		-	the effective date of the act amending this subsection expire,
141		-	or as vacancies occur, new members shall be appointed so that
142		-	not more than one member from each United States Congressional
143		-	District in the state is appointed to serve at the same time.
144		-	(c) Of the initial seven appointees to the board, three
145		-	members shall be appointed for terms ending September 30,
146		-	1997, and four members shall be appointed for terms ending
147		-	September 30, 1999. Thereafter, successors shall be appointed
148		-	for terms of four years, each term expiring on September 30.
149		-	(d) Vacancies on the board occurring prior to the
150		-	expiration of a term shall be filled by the Governor within 30
151		-	days of the vacancy to serve for the remainder of the
152		-	unexpired term. Each member of the board shall serve until his
153		-	or her successor has been duly appointed and qualified.
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183		-	(e) At the first meeting, and annually thereafter in
184		-	the month of October, the board shall elect a chair and vice
185		-	chair from its membership.
186		-	(f) The board shall hold its first meeting within 30
187		-	days after the initial members are appointed. The board shall
188		-	hold meetings during the year as it the board determines
189		-	necessary, two of which shall be the biannual meetings for the
190		-	purpose of reviewing license applications. Additional meetings
191		-	may be held at the discretion of the chair or upon written
192		-	request of any three members of the board. A quorum of the
193		-	board shall be a majority of the current appointed board
194		-	members. Upon the written request of any person, submitted to
195		-	the board at least 24 hours in advance of a scheduled meeting,
196		-	the meeting shall be recorded.
197		-	(g) Board members shall not receive compensation for
198		-	their services, but shall receive the same per diem and
199		-	allowance as provided to state employees for each day the
200		-	board meets and conducts business.
201		-	(h) The board shall adopt the rules necessary to
202		-	implement this chapter pursuant to the Administrative
203		-	Procedure Act. Proposed rules, and a schedule of proceedings
204		-	relating to their adoption, shall be conspicuously posted and
205		-	routinely updated on the website of the board.
206		-	(i) The board may employ, and at its pleasure
207		-	discharge, an executive secretary and other officers and
208		-	employees which may be necessary, including an attorney, to
209		-	implement this chapter. The board shall also outline the
210		-	duties and fix the compensation and expense allowances of the
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240		-	employees.
241		-	(j) An affirmative vote of a majority of the members of
242		-	the board shall be required to grant, suspend, or revoke a
243		-	license to practice massage therapy or a license to operate a
244		-	massage therapy establishment. The board may grant authority
245		-	to the executive director to approve licenses.
246		-	(k) The board shall be financed only from income
247		-	accruing to it the board from fees, licenses, other charges
248		-	and funds collected by it the board, and any monies that are
249		-	appropriated to it the board by the Legislature.
250		-	(l) Each board member shall be accountable to the
251		-	Governor for the proper performance of his or her duties as a
252		-	member of the board. The board shall report to the Governor
253		-	annually and at other times as requested by the Governor. The
254		-	Governor shall investigate any complaints or unfavorable
255		-	reports concerning the actions of the board and take
256		-	appropriate action thereon, including removal of any board
257		-	member for misfeasance, malfeasance, neglect of duty,
258		-	commission of a felony, incompetence, or permanent inability
259		-	to perform official duties. A board member may be removed at
260		-	the request of the board after failing to attend two
261		-	consecutive properly noticed meetings.
262		-	(m) Members of the board are immune from liability for
263		-	all good faith acts performed in the execution of their duties
264		-	as members of the board.
265		-	(n) Appointees to the board shall take the
266		-	constitutional oath of office and file it in the office of the
267		-	Governor before undertaking any duties as a board member. Upon
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297		-	receiving the oath, the Governor shall issue a certificate of
298		-	appointment to each appointee."
299		-	"§34-43-9
300		-	(a) A person desiring to be licensed as a massage
301		-	therapist shall apply to the board on forms provided by the
302		-	board. Unless licensed pursuant to subsection (b), applicants
303		-	for licensure shall submit evidence satisfactory to the board
304		-	that they have met each of the following requirements:
305		-	(1) Satisfactorily completed a minimum of 650 hours of
306		-	instruction. By rule of the board, the minimum 650 hours shall
307		-	consist of the following: 100 hours of anatomy and physiology
308		-	to include 35 hours of myology, 15 hours of osteology, 10
309		-	hours of circulatory system, and 10 hours of nervous system,
310		-	with the remaining 30 hours to address other body systems at
311		-	the discretion of the school; 250 hours of basic massage
312		-	therapy, the contradistinctions of massage therapy, and
313		-	related touch therapy modalities, to include a minimum of 50
314		-	hours of supervised massage; 50 hours to include business,
315		-	hydrotherapy, first aid, cardiopulmonary resuscitation, and
316		-	professional ethics; and 250 hours of electives to be
317		-	determined by the school. The board may adopt a rule to
318		-	further increase the minimum number of hours of instruction
319		-	required for licensure, not to exceed the number of hours
320		-	recommended by the National Certification Board for
321		-	Therapeutic Massage and Bodywork. Before performing
322		-	therapeutic massage on an animal, a massage therapist shall
323		-	graduate from a nationally approved program and complete at
324		-	least 100 hours of postgraduate training and education in
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354		-	animal anatomy, pathology, and physiology for the type of
355		-	animal upon which the massage therapist wishes to perform
356		-	therapeutic massage.
357		-	(2) Successfully passed a national standardized
358		-	examination approved by the board.
359		-	(3) Completed a criminal history check.
360		-	(4) Paid all applicable fees.
361		-	(b) Notwithstanding the requirements in subdivisions
362		-	(1) and (2) of subsection (a), the board may license an
363		-	applicant if the applicant is licensed or registered in
364		-	another state, which, in the opinion of the board, has
365		-	standards of practice or licensure that are equal to or
366		-	stricter than the requirements imposed by this chapter at the
367		-	time of licensure in that state.
368		-	(c) Notwithstanding any other provision of this section
369		-	to the contrary, each applicant for licensure shall be a
370		-	citizen of the United States or, if not a citizen of the
371		-	United States, a person who is legally present in the United
372		-	States with appropriate documentation from the federal
373		-	government.
374		-	(d) The board may shall notify each applicant that his
375		-	or her application has been received and is pending and shall
376		-	also notify each applicant of the acceptance or rejection of
377		-	his or her application. If the application is rejected, the
378		-	board shall list the reasons for rejection."
379		-	"§34-43-11
380		-	(a) Establishments shall be licensed by the board. A
381		-	sexually oriented business may not be licensed as an
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411		-	establishment and shall not operate as an establishment
412		-	licensed pursuant to this chapter.
413		-	(b) Establishments shall contract with or employ only
414		-	licensed massage therapists to perform massage therapy.
415		-	(c) Each establishment shall contract with or employ at
416		-	least one licensed massage therapist who is registered with
417		-	the board as the individual designated to ensure the
418		-	establishment follows state law and administrative rules.
419		-	(d) An establishment license issued pursuant to this
420		-	chapter is not assignable or transferable .
421		-	(e) Each unlicensed massage therapist applying for an
422		-	establishment license shall be subject to a criminal history
423		-	check or shall submit to the board proof of a completed
424		-	criminal history check performed through the National
425		-	Certification Board of Therapeutic Massage and Bodywork, or
426		-	other national certifying board approved by the board, during
427		-	the previous two-year period . No licensed massage therapist
428		-	shall be subject to an additional criminal history check when
429		-	applying for an establishment license.
430		-	(f) An establishment owned by an individual who is not
431		-	a resident of this state shall be subject to an initial
432		-	inspection before licensure. The amount of the initial
433		-	inspection fee shall be determined by rule of the board. "
434		-	"§34-43-12
435		-	(a) Applications for initial licensure or renewal shall
436		-	be on forms provided by the board and shall be accompanied by
437		-	the proper fee. A two-by-two photograph, taken no more than
438		-	six months earlier, showing a frontal view of the head and
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468		-	shoulders of the applicant, shall be submitted with the
469		-	application. All documents shall be submitted in English.
470		-	(b) Each applicant for initial licensure shall be
471		-	subject to a criminal history check. Refusal to consent to a
472		-	criminal history check constitutes grounds for the board to
473		-	deny the applicant's application for licensure.
474		-	(c) The board shall issue a license to each person who
475		-	qualifies to be a massage therapist and to each qualified
476		-	massage therapy establishment. To be qualified for a license
477		-	as a massage therapist the applicant shall successfully pass
478		-	the examination, pay the examination fee, pass the criminal
479		-	history check pursuant to rules adopted by the board, pay the
480		-	criminal history check fee, and pay the license fee. A license
481		-	grants all professional rights, honors, and privileges
482		-	relating to the practice of massage therapy.
483		-	(d) Each licensed therapist shall display his or her
484		-	license in the manner specified by the board. Each
485		-	establishment shall post its license in plain sight and the
486		-	license of each massage therapist who practices in the
487		-	establishment.
488		-	(e) A license is the property of the board and shall be
489		-	surrendered upon demand of the board."
490		-	"§34-43-13
491		-	(a) Each license shall be renewed biennially, on or
492		-	before the anniversary date, by forwarding to the board a
493		-	renewal application accompanied by the renewal fee. Each
494		-	applicant for renewal for licensure shall be subject to a
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524		-	criminal history check. Any license not renewed biennially on
525		-	or before the anniversary date shall expire.
526		-	(b) Each licensee, upon application for renewal of a
527		-	license, shall do both of the following:
528		-	(1) Submit submit evidence of satisfactory completion
529		-	of the continuing education requirements contained in Section
530		-	34-43-21.
531		-	(2) Consent to a criminal history check. Refusal to
532		-	consent to a criminal history check constitutes grounds for
533		-	the board to deny the licensee's application for renewal of
534		-	the license.
535		-	(c) Licenses are valid for two years from the date of
536		-	issuance. An individual whose license has expired and who has
537		-	ceased to practice massage therapy for a period of not longer
538		-	than five years may have his or her license reinstated upon
539		-	payment of a renewal fee and a late fee and submission of a
540		-	renewal application and evidence satisfactory to the board
541		-	that the applicant has fulfilled continuing education
542		-	requirements, passed a criminal history check pursuant to
543		-	rules adopted by the board , paid the criminal history check
544		-	fee, and passed the examination.
545		-	(d) Subsequent to an official complaint, the board may
546		-	request a criminal background check of the licensee through
547		-	the district attorney of the circuit in which the licensee is
548		-	located."
549		-	"§34-43-14
550		-	(a) By rule, the board shall assess and collect the
551		-	following fees not to exceed:
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581		-	(1) Two hundred fifty dollars ($250) One hundred
582		-	dollars ($100) for the initial massage therapist license.
583		-	(2) Three hundred dollars ($300) One hundred dollars
584		-	($100) for all biennial license renewals postmarked or
585		-	received at the office of the board by the date in on which
586		-	the license expires.
587		-	(3) Three hundred dollars ($300) One hundred dollars
588		-	($100) for the initial, and fifty dollars ($50) for any
589		-	renewal of, an establishment license.
590		-	(4) Five hundred dollars ($500) One hundred fifty
591		-	dollars ($150) for the initial registration, and any renewal
592		-	registration, as a massage therapy school in this state.
593		-	(5) Two hundred fifty dollars ($250) One hundred
594		-	dollars ($100) to register and renew registration as a massage
595		-	therapy instructor in this state.
596		-	(6) One hundred fifty dollars ($150) Seventy-five
597		-	dollars ($75) to reactivate an expired license.
598		-	(7) One hundred dollars ($100) Twenty-five dollars
599		-	($25) shall be added to all license fees not post-marked or
600		-	received by the board before the expiration date of the
601		-	license.
602		-	(8) Twenty-five dollars ($25) to verify a license.
603		-	(9) Twenty-five dollars ($25) (8) Ten dollars ($10) for
604		-	a duplicate license certificate or a name change on a license
605		-	certificate. The board may issue a duplicate certificate for
606		-	each establishment on file with the board where the massage
607		-	therapist practices massage therapy. The board may issue
608		-	additional duplicate certificates only after receiving a sworn
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610		-	282
611		-	283
612		-	284
613		-	285
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627		-	299
628		-	300
629		-	301
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638		-	letter from the massage therapist that the an original
639		-	certificate was lost, stolen, or destroyed. The records of the
640		-	board shall reflect that a duplicate certificate was issued.
641		-	(10) A fee, set by the board, for the criminal history
642		-	check.
643		-	(11) A fee, set by the board, for an establishment
644		-	inspection.
645		-	(b) Necessary administrative fees may be charged by the
646		-	board, including, but not limited to, reasonable costs for
647		-	copying, labels, and lists. Examination and license fees may
648		-	be adjusted as by rule of the board shall deem appropriate .
649		-	(c) There is hereby established a separate special
650		-	revenue trust fund in the State Treasury to be known as the
651		-	Alabama Board of Massage Therapy Fund. All receipts collected
652		-	by the board under this chapter are to shall be deposited in
653		-	this fund and used only to carry out this chapter. Such
654		-	receipts Receipts shall be disbursed only by warrant of the
655		-	state Comptroller, upon itemized vouchers approved by the
656		-	chair of the board ; provided that no . No funds shall be
657		-	withdrawn except as budgeted and allotted according to the
658		-	provisions of Sections 41-4-80 to 41-4-96, inclusive, 41-19-1,
659		-	and 41-19-12, as amended, and only in amounts as stipulated in
660		-	the general appropriations bill or other appropriations
661		-	bills."
662		-	"§34-43-15
663		-	(a) Any person may file with the board a written
664		-	complaint regarding an allegation of impropriety by a
665		-	licensee, establishment, or person. Complaints shall be made
666		-	309
667		-	310
668		-	311
669		-	312
670		-	313
671		-	314
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681		-	324
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695		-	in the manner prescribed by the board. Complaints received by
696		-	the board shall be referred to a standing investigative
697		-	committee consisting of a board member, the Executive
698		-	Director, the board attorney, and the board investigator. If
699		-	no probable cause is found, the investigative committee may
700		-	dismiss the charges and prepare a statement, in writing, of
701		-	the reasons for the decision.
702		-	(b) If probable cause is found, the board shall
703		-	initiate an administrative proceeding. Upon a finding that the
704		-	licensee has committed any of the following instances of
705		-	misconduct, the board may suspend, revoke, or refuse to issue
706		-	or renew a license or impose a civil penalty after notice and
707		-	opportunity for a hearing pursuant to the Administrative
708		-	Procedure Act:
709		-	(1) The license was obtained by means of fraud,
710		-	misrepresentation, or concealment of material facts, including
711		-	making a false statement on an application or any other
712		-	document required by the board for licensure.
713		-	(2) The licensee sold or bartered or offered to sell or
714		-	barter a license for a massage therapist or a massage therapy
715		-	establishment.
716		-	(3) The licensee has engaged in unprofessional conduct
717		-	that has endangered or is likely to endanger the health,
718		-	safety, and welfare of the public, as defined by the rules of
719		-	the board. As used in this subdivision, unprofessional conduct
720		-	includes, but is not limited to, allowing any individual to
721		-	remain in a massage therapy establishment overnight.
722		-	(4) The licensee has been convicted of a felony or of
723		-	337
724		-	338
725		-	339
726		-	340
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728		-	342
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731		-	345
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733		-	347
734		-	348
735		-	349
736		-	350
737		-	351
738		-	352
739		-	353
740		-	354
741		-	355
742		-	356
743		-	357
744		-	358
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751		-	Page 14
752		-	any crime arising out of or connected with the practice of
753		-	massage therapy.
754		-	(5) The licensee has violated or aided and abetted in
755		-	the violation of this chapter.
756		-	(6) The licensee is adjudicated as mentally incompetent
757		-	by a court of law.
758		-	(7) The licensee uses controlled substances or
759		-	habitually and excessively uses alcohol.
760		-	(8) The licensee engaged in false, deceptive, or
761		-	misleading advertising.
762		-	(9) The licensee engaged in or attempted to or offered
763		-	to engage a client in sexual activity , including, but not
764		-	limited to, genital contact, within the client-massage
765		-	therapist relationship.
766		-	(10) The licensee has knowingly allowed the massage
767		-	therapy establishment to be used as an overnight sleeping
768		-	accommodation.
769		-	(11) The licensee had a license revoked, suspended, or
770		-	denied in any other territory or jurisdiction of the United
771		-	States for any act described in this section.
772		-	(c)(1) A person governed by this chapter who has a
773		-	reasonable belief that another massage therapist has engaged
774		-	in or attempted to or offered to engage a client in sexual
775		-	activity, as provided in subdivision (9) of subsection (b)(9),
776		-	shall inform the board in writing within 30 calendar days from
777		-	the date the person discovers this activity. Upon finding that
778		-	a person has violated this subsection, the board shall alert
779		-	local law enforcement and may do any of the following:
780		-	365
781		-	366
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784		-	369
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786		-	371
787		-	372
788		-	373
789		-	374
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791		-	376
792		-	377
793		-	378
794		-	379
795		-	380
796		-	381
797		-	382
798		-	383
799		-	384
800		-	385
801		-	386
802		-	387
803		-	388
804		-	389
805		-	390
806		-	391
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808		-	Page 15
809		-	a. Impose an administrative fine of not more than
810		-	twenty-five thousand dollars ($25,000) ten thousand dollars
811		-	($10,000) according to a disciplinary infraction fine schedule
812		-	adopted by rule of the board .
813		-	b. Suspend or revoke the person's license to practice
814		-	massage therapy.
815		-	(2) Upon a finding that a person has violated this
816		-	subsection three or more times, the board shall impose a
817		-	mandatory license suspension for a period of no less than
818		-	three years and a fine of twenty-five thousand dollars
819		-	($25,000) ten thousand dollars ($10,000) .
820		-	(d) Any person who has been convicted of, or entered a
821		-	plea of nolo contendere to, a crime or offense involving
822		-	prostitution or other sexual offenses offense is ineligible to
823		-	hold a license as a massage therapist for a period of at least
824		-	three years after the entry of the conviction or plea. The
825		-	board retains the right to revoke a license indefinitely if
826		-	the licensee is proven guilty of a crime or of sexual
827		-	misconduct. Reinstatement of licensure is contingent upon
828		-	proof of weekly counseling by a licensed professional
829		-	counselor.
830		-	(e) An establishment where a person has been convicted
831		-	of, or entered a plea of nolo contendere to, an offense
832		-	involving prostitution or any other type of sexual offense may
833		-	not receive a license for a massage therapy establishment for
834		-	a period of three years after the date of conviction or entry
835		-	of the plea. The board shall revoke the establishment license
836		-	of any establishment which the board determines is a sexually
837		-	393
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840		-	396
841		-	397
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865		-	Page 16
866		-	oriented business. The board may revoke an establishment
867		-	license if a person is convicted of, or enters a plea of nolo
868		-	contendere to, any crime involving prostitution or any other
869		-	sexual offense against a client which occurred on the premises
870		-	of the establishment. The violation is attached to the address
871		-	of the establishment.
872		-	(f)(1) Upon finding a person, who is governed by this
873		-	chapter, performing massage therapy without having obtained a
874		-	license, the board may do any of the following:
875		-	a. Impose an administrative fine of not more than
876		-	twenty-five thousand dollars ($25,000) ten thousand dollars
877		-	($10,000).
878		-	b. Issue a cease and desist order.
879		-	c. Petition the circuit court of the county where the
880		-	act occurred to enforce the cease and desist order and collect
881		-	the assessed fine.
882		-	(2) Any person aggrieved by any adverse action of the
883		-	board must shall appeal the action to the Circuit Court of
884		-	Montgomery County in accordance with the Alabama
885		-	Administrative Procedure Act.
886		-	(g) The board shall present any incident of misconduct
887		-	to the local district attorney for review and appropriate
888		-	action.
889		-	(h) The board may adopt rules to implement and
890		-	administer this section."
891		-	"§34-43-20
892		-	(a) To be approved by the board, a massage therapy
893		-	school shall meet all of the following requirements:
894		-	421
895		-	422
896		-	423
897		-	424
898		-	425
899		-	426
900		-	427
901		-	428
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903		-	430
904		-	431
905		-	432
906		-	433
907		-	434
908		-	435
909		-	436
910		-	437
911		-	438
912		-	439
913		-	440
914		-	441
915		-	442
916		-	443
917		-	444
918		-	445
919		-	446
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921		-	448 HB192 EnrolledHB192 Enrolled
922		-	Page 17
923		-	(1) File a completed application prescribed by the
924		-	board with the board and pay a registration fee as specified
925		-	in Section 34-43-14.
926		-	(2) Provide documentation of a curriculum which
927		-	includes a minimum number of required hours of instruction in
928		-	the subjects required pursuant to Section 34-43-9.
929		-	(3) Register annually with the board by filing a
930		-	renewal form, accompanied with by the renewal fee pursuant to
931		-	Section 34-43-14, and submit a current curriculum and a list
932		-	of instructors.
933		-	(b) Every instructor teaching course work titled
934		-	massage therapy at a board approved school located in Alabama
935		-	shall be licensed in Alabama as a massage therapist and
936		-	registered as a massage therapy instructor. Instructors who
937		-	are not teaching massage therapy do not need to be registered.
938		-	Any adjunct instructors shall be dually licensed in the state
939		-	where they reside , or be nationally certified, or both.
940		-	(c) The board shall register as a massage therapy
941		-	instructor any applicant who meets all of the following
942		-	requirements:
943		-	(1) Is currently licensed as a massage therapist in
944		-	Alabama.
945		-	(2) Has filed a completed application prescribed by the
946		-	board and paid a one-time application fee pursuant to Section
947		-	34-43-14.
948		-	(3) Documents three years of experience in the practice
949		-	of massage therapy. The documentation may be considered by the
950		-	board on a case-by-case basis.
951		-	449
952		-	450
953		-	451
954		-	452
955		-	453
956		-	454
957		-	455
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959		-	457
960		-	458
961		-	459
962		-	460
963		-	461
964		-	462
965		-	463
966		-	464
967		-	465
968		-	466
969		-	467
970		-	468
971		-	469
972		-	470
973		-	471
974		-	472
975		-	473
976		-	474
977		-	475
978		-	476 HB192 EnrolledHB192 Enrolled
979		-	Page 18
980		-	(4) Any other requirements adopted by rule of the
981		-	board."
982		-	"§34-43-21
983		-	(a) The board is subject to the Alabama Sunset Law of
984		-	1981, and is classified as an enumerated agency pursuant to
985		-	Section 41-20-3. The board shall automatically terminate on
986		-	October 1, 2007, and every four years thereafter, unless
987		-	continued pursuant to the Alabama Sunset Law.
988		-	(b) The board shall adopt a program of continuing
989		-	education for licensees which shall be a requisite for the
990		-	renewal of licenses issued pursuant to this chapter and not
991		-	exceed the requirements of a board approved nationally
992		-	recognized board certification organization such as the
993		-	National Certification Board of Therapeutic Massage and
994		-	Bodywork."
995		-	Section 4. This act shall become effective on July 1,
996		-	2023, following its passage and approval by the Governor, or
997		-	its otherwise becoming law.
998		-	477
999		-	478
1000		-	479
1001		-	480
1002		-	481
1003		-	482
1004		-	483
1005		-	484
1006		-	485
1007		-	486
1008		-	487
1009		-	488
1010		-	489
1011		-	490
1012		-	491
1013		-	492
1014		-	493
1015		-	494 HB192 EnrolledHB192 Enrolled
1016		-	Page 19
1017		-	________________________________________________
1018		-	Speaker of the House of Representatives
1019		-	________________________________________________
1020		-	President and Presiding Officer of the Senate
1021		-	House of Representatives
1022		-	I hereby certify that the within Act originated in and
1023		-	was passed by the House 06-Apr-23.
1024		-	John Treadwell
1025		-	Clerk
1026		-	Senate 18-Apr-23 Amended and Passed
1027		-	House 03-May-23 Passed, as amended
1028		-	by Conference Committee
1029		-	Senate 06-Jun-23 Passed, as amended
1030		-	by Conference Committee
1031		-	495
1032		-	496
1033		-	497
1034		-	498
1035		-	499
1036		-	500
1037		-	501
1038		-	502
1039		-	503
1040		-	504
1041		-	505
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1043		-	507
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1049		-	513
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1051		-	515
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1056		-	520
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1058		-	522
1059		-	523
1060		-	524
1061		-	525
1062		-	526
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1065		-	529
1066		-	530
1067		-	531
1068		-	532
1069		-	533
1070		-	534