SB253INTRODUCED
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SB253
5VCELM6-1
By Senators Gudger, Elliott
RFD: County and Municipal Government
First Read: 18-Mar-25
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5 5VCELM6-1 03/12/2025 KMS (L)KMS 2025-1227
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First Read: 18-Mar-25
SYNOPSIS:
Under existing law, the existance and
functioning of the Alabama Massage Therapy Licensing
Board is under the temporary jurisdiction of the Board
of Nursing and the Executive Director of the Board of
Nursing.
This bill would authorize the Executive Director
of the Board of Nursing to designate an individual to
perform certain powers, duties, and functions of the
Alabama Massage Therapy Licensing Board on behalf of
the executive director.
This bill would define what constitutes an
emergency order and provide further for other
definitions.
This bill would clarify that an individual
practicing massage therapy pursuant to a temporary
permit issued by the board is exempt from regulation by
the board; and would change the annual meeting month of
the board from October to November.
This bill would require a majority vote of the
membership of the board to discipline a licensee, would
delete temporary or transitional provisions, and would
provide further for the duties of the board.
This bill would provide further for the
qualifications for licensing and the contents of an
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qualifications for licensing and the contents of an
application, for requirements for the provision of
outcall massage therapy services, and for the
inspections of massage therapy establishments.
This bill would authorize the board, by rule, to
establish and collect reasonable fees.
This bill would provide further for
investigations, discipline, and the fingerprinting of
licensees and applicants for licensing.
This bill would provide for the issuance of an
emergency order suspending the operation of a massage
therapy establishment and the enforcement, hearing
process, legal fees, and fines associated with an
emergency order.
This bill would also provide further for massage
therapy schools.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Massage Therapy Licensing Board
under the temporary jurisdiction of the Board of Nursing; to
amend Section 2 of Act 2024-361, 2024 Regular Session; to
authorize the Executive Director of the Board of Nursing to
designate an individual to preform certain powers, duties, and
functions of the Alabama Massage Therapy Licensing Board on
behalf of the executive director; to amend Act 2024-361, 2024
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behalf of the executive director; to amend Act 2024-361, 2024
Regular Session, now appearing as Sections 34-43A-2, 34-43A-3,
34-43A-4, 34-43A-5, 34-43A-6, 34-43A-7, 34-43A-8, 34-43A-9,
34-43A-10, 34-43A-12, 34-43A-13, 34-43A-14, 34-43A-16, and
34-43A-18, Code of Alabama 1975, to define what constitutes an
emergency order and provide further for definitions; to
clarify that an individual practicing massage therapy pursuant
to a temporary permit issued by the board is exempt from
regulation; to change the annual meeting month of the board
from October to November; to require a majority vote of the
board to discipline a licensee; to delete temporary or
transitional provisions; to provide further for the duties of
the board; to provide further for the qualifications for
licensing and the contents of an application; to provide
further for outcall massage therapy services and the
inspections of massage therapy establishments; to authorize
the board, by rule, to establish and collect reasonable fees;
to provide further for investigations, discipline, and
fingerprinting of licensees and applicants for licensing; to
provide for the issuance of an emergency order suspending the
operation of a massage therapy establishment and the
enforcement, hearing process, legal fees, and fines associated
with an emergency order; and to provide further for massage
therapy schools.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 2 of Act 2024-361, 2024 Regular
Session, is amended to read as follows:
"Section 2. (a) The existence and functioning of the
Alabama Board of Massage Therapy, created and functioning
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Alabama Board of Massage Therapy, created and functioning
pursuant to Chapter 43 of Title 34, Code of Alabama 1975, is
terminated, and those code sections are expressly repealed.
(b)(1) Commencing on June 1, 2024, the Alabama Board of
Massage Therapy shall be reconstituted as the Alabama Massage
Therapy Licensing Board and all powers, duties, and functions
of the new board shall be temporarily assumed and performed by
the Board of Nursing pending the reconstitution of the Alabama
Massage Therapy Licensing Board as provided in Chapter 43A of
Title 34, Code of Alabama 1975. Additionally, commencing on
June 1, 2024, the Executive Officer of the Board of Nursing ,
or his or her designee, shall temporarily assume and perform
all duties, responsibilities, and functions of the position of
an executive director for the Alabama Massage Therapy
Licensing Board, as defined in Section 34-43A-2, Code of
Alabama 1975, pending the appointment of an executive director
by the new Alabama Massage Therapy Licensing Board.
(2) During the temporary transfer commencing on June 1,
2024, all personnel of the Board of Nursing may act as agents
of and may perform those duties, responsibilities, and
functions determined necessary by the Executive Officer of the
Board of Nursing , or his or her designee, to support the
Alabama Massage Therapy Licensing Board, created in Chapter
43A of Title 34, Code of Alabama 1975, until those duties,
responsibilities, and functions temporarily assumed by the
Executive Officer of the Board of Nursing , or his or her
designee, pursuant to subdivision (1) are transferred to the
executive director of the newly reconstituted Alabama Massage
Therapy Licensing Board pursuant to subdivision (3). During
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Therapy Licensing Board pursuant to subdivision (3). During
the temporary transfer the Board of Nursing, on behalf of the
Alabama Massage Therapy Licensing Board, may employ and train
individuals subject to the state Merit System for the Alabama
Massage Therapy Licensing Board.
(3) All powers, duties, and functions temporarily
assumed and performed by the Board of Nursing and the
Executive Officer of the Board of Nursing , or his or her
designee, pursuant to subdivision (1), shall be transferred to
the Alabama Massage Therapy Licensing Board, as created by
Chapter 43A of Title 34, Code of Alabama 1975, on or before
October 1, 2026.
Section 2. Act 2024-361, 2024 Regular Session, now
appearing in part as Sections 34-43A-2, 34-43A-3, 34-43A-4,
34-43A-5, 34-43A-6, 34-43A-7, 34-43A-8, 34-43A-9, 34-43A-10,
34-43A-12, 34-43A-13, 34-43A-14, 34-43A-16, and 34-43A-18 of
the Code of Alabama 1975, is amended to read as follows:
"§34-43A-2
For purposes of this chapter, the following terms have
the following meanings:
(1) ADVERTISE. To distribute a card, flier, sign, or
device to any individual or entity, or allow any sign or
marking on any building, radio, television, or to publicize by
any other means designed to attract public attention.
(2) BOARD. The Alabama Massage Therapy Licensing Board
created by this chapter.
(3) EMERGENCY ORDER. The immediate suspension of a
license without a hearing when the board determines that
public safety is at immediate risk. An emergency order
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public safety is at immediate risk. An emergency order
requires a licensee to cease practice pending a formal
hearing. The term may also be referred to as the summary
suspension of a license.
(3)(4) EXAMINATION. The National Certification Board
for Therapeutic Massage and Bodywork Examination or the
Federation of State Massage Therapy Board's Massage and
Bodywork Licensing Examination administered by an independent
agency or another nationally or internationally accredited
examination administered by an independent agency approved by
the board, or state examination administered by the board or,
at the discretion of the board, a state examination
administered by the appropriate regulating body for massage
therapy located in another state . The national examination
shall be accredited by the National Commission for Certifying
Agencies. The board may also administer a written, oral, or
practical examination.
(4)(5) EXECUTIVE DIRECTOR. The Executive Director of
the Alabama Massage Therapy Licensing Board.
(5)(6) LICENSE. The credential issued by the board
which allows the holder to engage in the safe and ethical
practice of massage therapy.
(6)(7) MASSAGE THERAPIST. An individual licensed
pursuant to this chapter who practices or administers massage
therapy or related touch therapy modalities to a client for
compensation.
(7)(8) MASSAGE THERAPY ESTABLISHMENT. A site, premises,
or business licensed by the board where massage therapy is
practiced by a massage therapist.
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practiced by a massage therapist.
(8)(9) MASSAGE THERAPY INSTRUCTOR. A massage therapist
who is approved by the board to teach the practice of massage
therapy.
(9)(10) MASSAGE THERAPY or RELATED TOUCH THERAPY
MODALITIES. a. The mobilization of the soft tissue which may
include skin, fascia, tendons, ligaments, and muscles for the
purpose of establishing and maintaining good physical
condition.
b. The term includes effleurage, petrissage,
tapotement, compression, vibration, stretching, heliotherapy,
superficial hot and cold applications, topical applications,
or other therapy that involves movement either by hand,
forearm, elbow, or foot , or use of manual methods or
mechanical or electrical devices or tools that mimic or
enhance the action of human hands for the purpose of
therapeutic massage, and any massage, movement therapy,
massage technology, myotherapy, massotherapy, oriental massage
technique, structural integration, acupressure, or polarity
therapy.
c. The term may include the external application and
use of herbal or chemical preparations and lubricants
including, but not limited to, salts, powders, liquids,
nonprescription creams, cups, mechanical devices such as cups,
T-bars, thumpers, body support systems, heat lamps, hot and
cold packs, salt glow, steam cabinet baths, or hydrotherapy.
d. The term does not include laser therapy, microwave,
injection therapy, manipulation of the joints, or any
diagnosis or treatment of an illness that normally involves
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diagnosis or treatment of an illness that normally involves
the practice of medicine, chiropractic, physical therapy,
podiatry, nursing, midwifery, occupational therapy,
veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or
naturopathics.
(10)(11) MASSAGE THERAPY SCHOOL. A school approved by
the board where massage therapy is taught and which is one of
the following:
a. If located in Alabama, approved by the board as
meeting the minimum established standards of training and
curriculum as determined by the board.
b. If located outside of Alabama, recognized by the
board and by a regionally recognized professional accrediting
body.
c. A postgraduate training institute accredited by the
Commission on Massage Therapy Accreditation.
(11)(12) SEXUALLY-ORIENTED BUSINESS. A sex parlor,
massage parlor, nude studio, modeling studio, love parlor,
adult bookstore, adult movie theater, adult video arcade,
adult motel, or other commercial enterprise which has the
offering for sale, rent, or exhibit, or the exhibit of, items
or services intended to provide sexual stimulation or sexual
gratification to the client.
(12)(13) STUDENT. Any individual who is enrolled in a
massage therapy school."
"§34-43A-3
Except as specifically provided by this chapter, no
individual may do any of the following unless licensed
pursuant to this chapter:
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pursuant to this chapter:
(1) Advertise that he or she performs massage therapy
or related touch therapy modalities.
(2) Hold himself or herself out to the public as a
massage therapist, using any name or description denoting
himself or herself as a massage therapist, or purporting to
have the skills necessary to perform massage therapy.
(3) Practice massage therapy on the general public for
compensation."
"§34-43A-4
(a) The following individuals, offices, and
establishments are exempt from this chapter:
(1) A student who is rendering massage therapy services
under the supervision of a massage therapy instructor , or any
other supervisory arrangement recognized and approved by the
board, including, but not limited to, a temporary permit . A
student shall be designated by title clearly indicating his or
her training status.
(2) An individual practicing massage therapy pursuant
to a temporary permit issued by the board.
(2)(3) A qualified member of another profession who is
licensed and regulated under state law while in the course of
rendering services which are within the scope of his or her
license, provided that the individual does not represent
himself or herself as a massage therapist.
(3)(4) An individual providing massages to his or her
immediate family.
(4)(5) An individual offering massage therapy
instruction who is visiting from another state, territory, or
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instruction who is visiting from another state, territory, or
country, provided that the individual is licensed or
registered as required in his or her place of residence. A
visiting instructor may teach continuing education courses in
this state for up to 100 hours per year without being licensed
by the board. A visiting instructor who teaches continuing
education courses in this state for 100 hours or more per year
is required to be licensed by the board.
(5)(6) Members of the Massage Emergency Rescue Team
(MERT), or any other nationally or internationally recognized
disaster relief association, who practice massage therapy in
this state only during a time declared by the Governor or the
Legislature to be a city, county, or state emergency. These
therapists may work in this state for a period of time
approved by the board.
(6)(7) A Native American healer using traditional
healing practices. A Native American healer who applies to the
board for a massage therapist license shall comply with all
licensing requirements.
(7)(8) An individual acting under the supervision of
and pursuant to delegation from a physician, a physical
therapist, or a chiropractor for whom the delegated acts are
within the scope of his or her the license of the physician,
physical therapist, or chiropractor , provided that the
individual does not represent himself or herself as a massage
therapist.
(8)(9) The office of a chiropractor, physician, or
physical therapist which employs or contracts with a massage
therapist who to provide massage therapy at the physical
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therapist who to provide massage therapy at the physical
location of the office is exempt from an establishment
license.
(b) Nothing in this chapter shall be construed to
authorize massage therapists to administer, dispense, or
prescribe drugs or engage in the practice of medicine in any
manner, including, but not limited to, nutrition, diagnosing
or prescribing drugs for mental, emotional, or physical
disease, illness, or injury."
"§34-43A-5
(a)(1) There is created the Alabama Massage Therapy
Licensing Board. The purpose of the board is to protect the
health, safety, and welfare of the public by ensuring that
massage therapists, massage therapy schools, massage therapy
establishments, and massage therapy instructors meet
prescribed standards of education, competency, and practice.
To accomplish this mission, the board shall establish
standards to ensure completion of all board functions in a
timely and effective manner and to provide open and immediate
access to all relevant public information. The board shall
communicate its responsibilities and services to the public as
part of its consumer protection duties. The board shall
develop and implement a long range plan to ensure effective
regulation and consumer protection.
(2) All rights, duties, records, property, real or
personal, and all other effects existing in the name of the
Alabama Board of Massage Therapy, formerly created and
functioning pursuant to Chapter 43, or in any other name by
which that board has been known, shall continue in the name of
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which that board has been known, shall continue in the name of
the Alabama Massage Therapy Licensing Board. Any reference to
the former Alabama Board of Massage Therapy, or any other name
by which that board has been known, in any existing law,
contract, or other instrument shall constitute a reference to
the Alabama Massage Therapy Licensing Board as created in this
chapter. All actions of the former Alabama Board of Massage
Therapy or the executive director of the former board taken
prior to June 1, 2024, are approved, ratified, and confirmed.
(3) The status of any individual or entity properly
licensed, accredited, or registered by the former Alabama
Board of Massage Therapy on June 1, 2024, shall continue under
the jurisdiction of the Alabama Massage Therapy Licensing
Board. Any license, accreditation, or registration subject to
renewal on or before October 1, 2024, pursuant to this chapter
may be temporarily extended by six months unless and until
otherwise provided by rule of the board.
(b)(1) The board shall consist of the following nine
members:
a. Three active licensees appointed by the Governor.
b. Two active licensees appointed by the Lieutenant
Governor and one at-large member appointed by the Lieutenant
Governor.
c. Two active licensees appointed by the Speaker of the
House of Representatives and one at-large member appointed by
the Speaker of the House of Representatives.
(2) The seven active massage therapist licensee members
of the board shall be appointed so that not more than one
active licensee member from each United States Congressional
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active licensee member from each United States Congressional
District in the state is appointed to serve at the same time.
The two members appointed from the state at large shall have
never been licensed as massage therapists nor have had any
direct financial interest in the massage therapy profession.
One of the at-large members shall have extensive knowledge of
sex trafficking and related law enforcement efforts to defeat
sex trafficking. The at-large member appointed by the
Lieutenant Governor and the at-large member appointed by the
Speaker of the House of Representatives shall be appointed
from a list of three names each provided by the Minority
Leader of the Senate and the Minority Leader of the House of
Representatives, respectively. The appointing authorities
shall coordinate their appointments to assure the board
membership is inclusive and reflects the racial, gender,
geographic, urban, rural, and economic diversity of the state.
(3) The members initially appointed to the board shall
be appointed not later than July 1, 2024. Each board member
shall be selected upon personal merit and qualifications, not
per membership or affiliation with an association. Each board
member shall be a citizen of the United States and a resident
of this state for two years immediately preceding appointment.
No member of the board shall serve more than two full
consecutive terms.
(c) Of the initial nine appointees to the board, three
members shall be appointed for terms of two years, three
members shall be appointed for terms of three years, and three
members shall be appointed for terms of four years as
determined by lot. Thereafter, successors shall be appointed
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determined by lot. Thereafter, successors shall be appointed
for terms of four years, each term expiring on June 30.
(d) Vacancies on the board occurring prior to the
expiration of a term shall be filled by the original
appointing authority within 30 days after the vacancy to serve
for the remainder of the unexpired term. Each member of the
board shall serve until his or her successor has been duly
appointed and qualified.
(e) The board shall hold its first meeting within 30
days after the initial members are appointed. At the first
meeting and annually thereafter in the month of October
November, the board shall elect a chair and a vice chair from
its membership. The board shall hold no less than two biannual
meetings for the purpose of reviewing license applications per
year. The board may hold additional meetings at the discretion
of the chair and four members of the board. A quorum of the
board shall be a majority of the current appointed board
members. Upon the written request of any individual, submitted
to the board at least 24 hours in advance of a scheduled
meeting, the meeting shall be recorded electronically, and a
copy of the recording shall be made available, upon request,
for 30 calendar days following the date of the recording.
(f) Board members shall not receive compensation for
their services, but shall receive the same per diem and
allowance as provided to state employees for each day the
board meets and conducts business.
(g)(1) Commencing on September 30, 2026, the board may
employ, and at its pleasure discharge, an executive director
in the unclassified service, officers, and employees subject
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in the unclassified service, officers, and employees subject
to the state Merit System as necessary to implement this
chapter.
(2) When necessary, the board may retain outside
counsel who satisfies the qualifications required of a deputy
attorney general.
(h) An affirmative vote of a majority of the members of
the board shall be required to grant deny, suspend, or revoke,
probate, reprimand, or otherwise discipline a licensee holding
a license to practice massage therapy or a license to operate
a massage therapy establishment.
(i) The board shall be financed only from income
accruing to the board from fees, licenses, other charges and
funds collected by the board, and any monies that are
appropriated to the board by the Legislature.
(j) A board member may be removed at the request of the
board for misfeasance, malfeasance, neglect of duty,
commission of a felony, incompetence, permanent inability to
perform official duties, or failing to attend two consecutive
properly noticed meetings within a one-year period.
(k) Members of the board are immune from liability for
all good faith acts performed in the execution of their duties
as members of the board.
(l) Appointees to the board shall take the
constitutional oath of office and shall file the oath in the
office of the Governor before undertaking any duties as a
board member. Upon receiving the oath, the Governor shall
issue a certificate of appointment to each appointee. "
"§34-43A-6
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"§34-43A-6
(a) The board shall do all of the following:
(1) Qualify applicants to take the licensing
examination Establish qualifications for licensing and issue
licenses to successful applicants.
(2) Adopt a seal and affix the seal to all licenses
issued by the board. All licenses shall be on pre-printed,
sequentially numbered certification forms.
(3) Create application forms for examination and
licensing and assess and collect fees pursuant to this
chapter.
(4) Maintain a complete record of all massage
therapists and annually prepare a roster of the names and
addresses license numbers of those licensees. A copy of the
roster shall be provided to any individual upon request and
the payment of a fee established by the board in an amount
sufficient to cover the costs of publication and distribution.
(5) Provide for the investigation of any individual or
entity who is suspected of violating this chapter.
(6) Adopt and revise rules as necessary to implement
this chapter pursuant to the Administrative Procedure Act. All
administrative rules of the former Alabama Board of Massage
Therapy existing on June 1, 2024, which reference Chapter 43,
unless in conflict with existing law, shall remain in effect
as rules of the Alabama Massage Therapy Licensing Board until
amended or repealed by that board.
(7) Provide a copy of this chapter, upon request, to
any licensee or applicant for a license.
(8) By rule, require massage therapists, massage
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(8) By rule, require massage therapists, massage
therapy establishments, and massage therapy schools to carry
professional and general liability insurance with an "A" rated
or better insurance carrier in the amount of at least one
million dollars ($1,000,000). Proof of coverage shall be
provided to the board upon request.
(9) Perform other functions necessary and proper for
the performance of official duties.
(b) The board may do any of the following:
(1) Accept or deny the application of any individual
Adopt and from time to time revise rules, not inconsistent
with law, as may be necessary to implement this chapter.
(2) Examine, license, and renew the licenses of
qualified applicants applying for a license as a massage
therapist upon an affirmative vote of a majority of the board ,
massage therapy establishment, or massage therapy instructor .
(3) Conduct investigations, hearings, and proceedings
concerning alleged violations of this chapter or rules adopted
pursuant to this chapter.
(4) Issue subpoenas, compel the attendance of
witnesses, and administer oaths to individuals giving
testimony at hearings.
(5) Pursue the prosecution of any individual who
violates this chapter and incur necessary related expenses.
(6) Keep a public record of all proceedings.
(7) Prescribe standards and approve curricula for
educational programs that prepare individuals for licensing
under this chapter.
(8) Provide for surveys and evaluations of educational
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(8) Provide for surveys and evaluations of educational
programs as the board determines necessary.
(2)(9) By rule, establish criteria for certifying
massage therapy instructors.
(3)(10) Adopt an annual budget and authorize necessary
expenditures from fees and other available appropriations. The
expenditures of the board may not exceed the revenues of the
board in any fiscal year.
(4)(11) Adopt a code of ethics for massage therapists,
massage therapy instructors, and massage therapy
establishments.
(5)(12) Provide for the inspection of the business
premises of any licensee , applicant, or individual or entity
advertising, offering to perform, or performing massage
therapy in the state during normal business hours , upon
complaint.
(6)(13) Establish standards for approved massage
therapy schools and a list of approved massage therapy
schools."
"§34-43A-7
(a) No individual may perform the duties of a massage
therapist in this state unless he or she holds a valid license
issued by the board.
(b) A massage therapist may not perform massage therapy
for a sexually-oriented business, and shall be subject to
Article 3 of Chapter 12 of Title 13A.
(c) A massage therapist may not advertise or offer to
perform services outside the scope of his or her expertise,
experience, and education for any client who is ill or has a
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experience, and education for any client who is ill or has a
physical dysfunction, unless the services are performed in
conjunction with a licensed physician, physical therapist, or
chiropractor.
(d) A massage therapist or massage therapy
establishment may not advertise or offer to perform services
on any sexually explicit website or online platform that
promotes prostitution, sexually explicit services, or human
trafficking.
(e) Unless exempt pursuant to Section 34-43A-4, a
massage therapist may only perform massage therapy services at
or through a licensed massage therapy establishment. If a
massage therapist is performing outcall massage therapy
services, those services shall be provided through a licensed
massage therapy establishment. "
"§34-43A-8
(a) An individual desiring to be licensed as a massage
therapist shall apply to the board on forms provided by the
board. Unless licensed pursuant to subsection (b), an
applicant for a license shall submit evidence satisfactory to
the board that he or she has met all of the following
requirements:
(1)a. Completed a minimum of 650 hours of instruction
which shall consist of all of the following:
1. One hundred hours of anatomy and physiology,
including 35 hours of myology, 15 hours of osteology, 10 hours
of circulatory system, and 10 hours of nervous system, with
the remaining 30 hours addressing other body systems at the
discretion of the massage therapy school.
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discretion of the massage therapy school.
2. Two hundred fifty hours of basic massage therapy,
the contradistinctions of massage therapy, and related touch
therapy modalities, including a minimum of 50 hours of
supervised massage.
3. Fifty hours of business, hydrotherapy, first aid,
cardiopulmonary resuscitation, professional ethics, and state
massage therapy laws.
4. Two hundred fifty hours of electives as determined
by the massage therapy school.
b. The board, by rule, may increase the minimum number
of hours of instruction required for a license, not to exceed
the number of hours recommended by the National Certification
Board for Therapeutic Massage and Bodywork.
(1) Successfully completed a course of instruction in
massage therapy which meets the minimum criteria established
by board rule for course content and hours of instruction.
c. In addition to paragraphs a. and b., to To perform
therapeutic massage on an animal, a massage therapist shall
have also graduated from a nationally approved program and
completed at least 100 hours of postgraduate training and
education in animal anatomy, pathology, and physiology for the
specific type of animal upon which he or she will perform
therapeutic massage.
(2) Successfully passed a state board exam or a
national standardized examination approved by the board. The
board may approve other state exams on a case-by-case basis.
(3) Completed a criminal history background check
pursuant to Section 34-43A-13(c). The board may deny or
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pursuant to Section 34-43A-13(c). The board may deny or
discipline an applicant who has been convicted of a felony or
of any crime arising out of or connected with the practice of
massage therapy.
(4) Paid all applicable fees.
(5) Additional requirements as provided by rule.
(b) Notwithstanding the requirements listed in
subdivisions (1) and (2) of subsection (a), the board may
license an applicant who is licensed or registered to practice
massage therapy in another state if the standards of practice
or licensing of that state, at the time the applicant was
originally licensed or registered, were equal to or stricter
than the requirements imposed by this chapter. All applicants
may be subject to an initial in-person board hearing
determined by at the discretion of the board.
(c) Upon receipt of an application, the board shall
notify the applicant that his or her application is pending
complete and shall also notify the applicant upon the approval
or rejection of his or her application. An application is not
complete until all components of the application have been
received and all criminal history information has been
delivered to the board. If an application is proposed to be
rejected, the board shall notify the applicant of the reasons
for the rejection the applicant shall be entitled to a hearing
on his or her application ."
"§34-43A-9
(a) No massage therapy establishment shall operate in
this state without a license issued by the board.
(b) A sexually-oriented business may not operate as a
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(b) A sexually-oriented business may not operate as a
massage therapy establishment or be licensed by the board
pursuant to this chapter.
(c) A massage therapy establishment shall contract with
or employ only licensed massage therapists to perform massage
therapy. Every Each establishment shall notify the board of
every massage therapist shall be registered with the board who
performs massage therapy at or through the massage therapy
establishment, and one of them those massage therapists shall
be designated as the individual who will ensure that the
massage therapy establishment complies with state law and all
applicable administrative rules.
(d) A massage therapy establishment license is not
assignable or transferable.
(e) If the holder of a massage therapy establishment
license moves the location of the massage therapy
establishment without changing either the name or ownership of
that massage therapy establishment, the board shall may waive
the new establishment license fee, if documentation set by
rule of the board is approved. This subsection shall not
change the expiration date of a massage therapy establishment
license. The new location is subject to an inspection before
any massage therapy services are performed at the new
location.
(f)(1) Except as provided in subdivision (2), each
applicant for a an initial massage therapy establishment
license shall complete a criminal history background check
pursuant to rules adopted by the board.
(2) An applicant for a massage therapy establishment
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(2) An applicant for a massage therapy establishment
license who is a massage therapist and has completed a
criminal history background check as required by the board
within the preceding two years shall be exempt from completing
the criminal history background check required in subdivision
(1).
(3) An applicant for a massage therapy establishment
license shall be the owner, lessee, or legal possessor of the
physical establishment.
(g) The physical location of a proposed massage therapy
establishment shall be subject to an initial inspection by the
board before a massage therapy establishment license is
granted to the applicant. A massage therapy establishment
which provides only outcall massage therapy services must
designate a physical location at which records and equipment
are available for inspection.
(h) If the physical location of a massage therapy
establishment has been shut down by the board or by local,
state, or federal law enforcement, the physical location is
permanently prohibited from being licensed or operating as a
massage therapy establishment. "
"§34-43A-10
(a) Applications for licensing and renewal of a license
shall be on forms provided by the board and shall be
accompanied by the applicable fee. A recent two-by-two inch
photograph showing a frontal view of the head and shoulders of
the applicant for a massage therapy or therapy instructor
license and applicant for a massage therapy establishment
license, taken no more than six months earlier, shall be
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license, taken no more than six months earlier, shall be
submitted with each application. All documents shall be
submitted in English.
(b) The board may deny the application of any applicant
who refuses to complete a criminal history background check as
required by the board and provided in Section 34-43A-13(c).
(c) The board shall issue a license , on a pre-printed
sequentially numbered form, to each individual who qualifies
to be a massage therapist and to each qualified applicant for
a massage therapy establishment license. A license issued by
the board grants all professional rights, honors, and
privileges relating to the practice of massage therapy.
(d) Each massage therapist shall display his or her
license in the manner specified by the board. Each massage
therapy establishment shall prominently post its license and
the license of each massage therapist who practices within the
massage therapy establishment in plain sight at the massage
therapy establishment.
(e) The board may inspect establishments at any time
during normal business hours to ensure compliance with state
law and board rules.
(e)(f) A license is the property of the board and shall
be surrendered upon demand of the board."
"§34-43A-12
(a) The board, by rule, shall assess and collect all of
the following fees not to exceed: may establish and collect
reasonable fees.
(1) One hundred dollars ($100) for an initial massage
therapist license.
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therapist license.
(2) One hundred dollars ($100) for a biennial license
renewal postmarked or received at the office of the board on
or before the expiration date of the license.
(3) One hundred dollars ($100) for an initial, and
fifty dollars ($50) for any renewal of, a massage therapy
establishment license.
(4) One hundred fifty dollars ($150) for an initial
registration, and any renewal registration, as a massage
therapy school in this state.
(5) One hundred dollars ($100) to register and renew
registration as a massage therapy instructor in this state.
(6) Seventy-five dollars ($75) to reactivate an expired
license.
(7) Twenty-five dollars ($25) shall be added to any
license fees not postmarked or received at the office of the
board on or before the expiration date of the license.
(8) Ten dollars ($10) for a duplicate license
certificate or a name change on a license certificate. The
board may issue a duplicate certificate for each massage
therapy establishment on file with the board where the massage
therapist practices massage therapy. The board may issue
additional duplicate certificates only after receiving a sworn
letter from the massage therapist that an original certificate
was lost, stolen, or destroyed. The board shall maintain a
record of each duplicate certificate issued.
(b) Necessary administrative fees may be charged by the
board including, but not limited to, reasonable costs for
copying, labels, and lists, and the actual costs for
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copying, labels, and lists, and the actual costs for
completing a criminal history background check. Examination
and license fees may be adjusted by rule of the board.
(c)(b) Commencing on June 1, 2024, the name of the
separate special revenue trust fund in the State Treasury
known as the Alabama Board of Massage Therapy Fund shall be
renamed and then known as the Alabama Massage Therapy
Licensing Board Fund. All receipts collected by the board
under this chapter shall be deposited in this fund and used
only to carry out this chapter. Receipts shall be disbursed
only by warrant of the Comptroller , upon itemized vouchers
approved by the chair of the board . No funds shall be
withdrawn except as budgeted and allotted according to
Sections 41-4-80 through 41-4-96 and 41-19-1 through 41-19-12,
and only in amounts as stipulated in the general
appropriations bill or other appropriations bills."
"§34-43A-13
(a) Any individual may file with the board a written
complaint regarding an allegation of impropriety by a massage
therapist, massage therapy establishment, or other individual
or entity. Complaints shall be made in the manner prescribed
by the board. Complaints received by the board shall be
referred to a standing investigative committee consisting of a
board member, the board attorney, and the board investigator.
If no probable cause is found, the investigative committee may
dismiss the charges and prepare a written statement of the
reasons for that decision.
(b) If The executive director shall provide for an
investigation of the complaint and, if probable cause is
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investigation of the complaint and, if probable cause is
found, the board shall may initiate an administrative
proceeding. Upon a finding that the licensee or applicant for
licensing has committed any of the following misconduct, the
board may suspend, revoke, probate, reprimand, otherwise
discipline, or refuse to issue or renew a license or impose a
civil penalty after notice and opportunity for a hearing
pursuant to the Administrative Procedure Act:
(1) The license was licensee or applicant for licensing
obtained or attempted to obtain a license by means of fraud,
misrepresentation, fraudulent transcripts, invalidated exam
scores, or concealment of material facts, including making a
false statement on an application or any other document
required by the board for licensing.
(2) The licensee or applicant for licensing sold or
bartered, or offered to sell or barter, a license for a
massage therapist or a massage therapy establishment.
(3) The licensee or applicant for licensing has engaged
in unprofessional conduct that has endangered or is likely to
endanger the health, safety, and welfare of the public, as
defined by the rules of the board.
(4) The licensee or applicant for licensing has been
convicted of a felony or of any crime arising out of or
connected with the practice of massage therapy.
(5) The licensee or applicant for licensing has
violated or aided and abetted in the violation of this
chapter.
(6) The licensee or applicant for licensing is
adjudicated as mentally incompetent by a court of law.
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adjudicated as mentally incompetent by a court of law.
(7) The licensee or applicant for licensing uses
controlled substances or habitually and excessively uses
alcohol.
(8) The licensee or applicant for licensing engaged in
false, deceptive, or misleading advertising.
(9) The licensee or applicant for licensing engaged in
or attempted to or offered to engage a client in sexual
activity, including, but not limited to, genital contact,
within the client-massage therapist relationship.
(10) The licensee or applicant for licensing has
knowingly allowed the massage therapy establishment to be used
as an overnight sleeping accommodation.
(11) The licensee or applicant for licensing had a
license revoked, suspended, or denied in any other territory
or jurisdiction of the United States for any act described in
this section.
(12) The licensee or applicant or licensee for
licensing was convicted of impersonating a massage therapist
in another jurisdiction.
(c)(1) Subsequent to an official complaint, and for
other requirements established by this chapter, including for
the purpose of determining an applicant's suitability for a
license or the renewal of a license to practice massage
therapy, the board may request a criminal history background
check of the licensee or applicant for licensing pursuant to a
schedule created by rule of the board . Each applicant shall
submit a complete set of fingerprints and a form, sworn to by
the applicant, providing written consent from the applicant
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the applicant, providing written consent from the applicant
for the release of criminal history background check
information to the board. The applicant or licensee shall
submit a full set of fingerprints to the board for the purpose
of obtaining a state and national criminal history background
check.
(2) The board shall submit the fingerprints and form
provided by each applicant to the Alabama State Law
Enforcement Agency (ALEA). The applicant may be fingerprinted
by ALEA at the time of the form submission. ALEA shall conduct
a check of state records and forward the fingerprints to the
FBI for a national criminal history background check.
(3) The results of the state and national criminal
history background check records shall be returned to the
board by ALEA.
(4) The board shall reimburse ALEA for conducting
criminal history background checks according to the fee
schedule adopted by the Alabama Justice Information
Commission.
(5) Any criminal history background check reports
received by the board from ALEA shall be marked confidential
and shall not be disclosed or made available for public
inspection. All criminal history background check reports
received pursuant to this section are specifically excluded
from any requirement of public disclosure as a public record.
Reports received may only be used for the purposes described
in this chapter. All information provided is subject to the
rules established by the Alabama Justice Information
Commission and Public Law 92-544. An individual that uses a
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Commission and Public Law 92-544. An individual that uses a
criminal history background check report for purposes other
than those provided in this chapter may be subject to criminal
charges under Sections 41-9-601 and 41-9-602.
(2) Fingerprints obtained pursuant to subdivision (1)
may be exchanged by the board, the Alabama State Law
Enforcement Agency, or any successor entity thereof, or any
channeler approved by the board, with the Federal Bureau of
Investigation for the purpose of obtaining a state and
national criminal history background check.
(3) The applicant or licensee shall be responsible for
all costs associated with the submission of his or her
fingerprints and obtaining a state and national criminal
history background check. The board may incorporate those
costs into the cost of licensing or may charge the applicant
or licensee a separate fee, which may be payable to the board,
the Alabama State Law Enforcement Agency, or any successor
entity thereof, or the approved channeler, as appropriate.
(4) Information received by the board pursuant to a
state and national criminal history background check shall be
confidential and shall not be a public record, except that any
information received by and relied upon by the board in
denying the issuance of a license or revoking, suspending, or
otherwise disciplining a license or licensee may be disclosed
as necessary to support the denial or revocation, suspension,
or other disciplinary action.
(d) An individual governed by this chapter who has a
reasonable belief that another massage therapist has violated
this chapter shall inform the board in writing within 30
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this chapter shall inform the board in writing within 30
calendar days after the date the individual discovers this
activity. Upon finding that an individual has violated this
subsection by not informing the board as required, the board
may do any of the following:
a. Impose an administrative fine of not more than ten
thousand dollars ($10,000) according to a disciplinary
infraction fine schedule adopted by rule of the board.
b. Suspend, probate, reprimand, otherwise discipline,
or revoke the individual's license to practice massage
therapy.
(e) The license of any individual who has been
convicted of, or has entered a plea of nolo contendere to, a
crime or offense involving human trafficking, prostitution, or
any other type of sexual offense shall be permanently revoked
by the board according to the Administrative Procedure Act.
(f) The massage therapy establishment license of any
massage therapy establishment wherein an individual has been
convicted of, or entered engages in conduct which leads to a
conviction of or entry of a plea of nolo contendere to, an
offense involving prostitution or any other type of sexual
offense against a client, or which the board determines is a
sexually-oriented business, shall be permanently revoked by
the board according to the Administrative Procedure Act.
(g)(1) Upon a finding that an individual or entity who
is governed by this chapter has performed massage therapy or
operated a massage therapy establishment without having
obtained a license, the board may do any of the following:
a.(1) Impose an administrative fine of not more than
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a.(1) Impose an administrative fine of not more than
ten thousand dollars ($10,000).
b.(2) Issue a cease and desist order.
c.(3) Petition the circuit court of the county where
the act occurred to enforce the cease and desist order and
collect the assessed fine.
(h)(1) The executive director may issue an emergency
order suspending the operation of a massage therapy
establishment without a prior hearing when public safety is at
immediate risk. Public safety shall be considered at immediate
risk in any of the following circumstances:
a. A law enforcement agency notifies the board that the
law enforcement agency is investigating a massage therapy
establishment for an offense under Section 13A-6-152, this
chapter, or rules adopted by the board pursuant to this
chapter.
b. The massage therapy establishment is operating
without a valid license issued by the board.
c. The board has reasonable cause to believe that a
massage therapy establishment is violating this chapter or a
rule adopted by the board pursuant to this chapter, and, upon
physical inspection by the board, one or more violations are
confirmed.
d. Upon physical inspection of a massage therapy
establishment by the board, one or more violations of this
chapter or a rule adopted by the board pursuant to this
chapter are confirmed.
e. Other circumstances as determined by the board.
(2) Upon determining that an individual or entity
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(2) Upon determining that an individual or entity
governed by this chapter has performed massage therapy or
operated a massage therapy establishment without a valid
license as provided in subdivision (g)(1), the executive
director of the board may issue an emergency order. If the
executive director believes a massage therapy establishment is
in violation of a local, municipal, or other applicable law,
the executive director shall notify local law enforcement of
the possible violations. An emergency order shall identify the
massage therapy establishment by its business name and state
that the massage therapy establishment is closed by order of
the board pursuant to this chapter and rules adopted by the
board pursuant to this chapter.
(3) A massage therapy establishment shall remain closed
to the public until it is in compliance with this chapter and
rules adopted by the board pursuant to this chapter. The board
shall provide the massage therapy establishment with a written
summary of the findings of any inspection resulting in the
emergency order and shall describe the compliance measures
necessary to remedy those findings. Within three business days
after receipt of the findings by the massage therapy
establishment, the board shall issue to the massage therapy
establishment, in writing, a complaint resulting in the
emergency order suspending the operation of the massage
therapy establishment, which describes the compliance measures
which must be taken for the emergency order to be rescinded.
(4) An emergency order suspending the operations of a
massage therapy establishment shall be printed on 8 ½" x 11"
paper and conspicuously taped to the front door of the massage
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paper and conspicuously taped to the front door of the massage
therapy establishment.
(5) A massage therapy establishment may not remove the
posted emergency order or reopen for business until the board
determines, after a physical inspection, that the massage
therapy establishment is in compliance with this chapter and
rules adopted by the board pursuant to this chapter.
(6) A massage therapy establishment that reopens to the
public while operations are suspended shall be fined one
thousand dollars ($1,000) per day for each day in violation.
(7) If the board is required to enforce the emergency
order in circuit court for continued violations of this
chapter or rules adopted by the board pursuant to this
chapter, the court may triple any applicable fines and order
the massage therapy establishment to reimburse the board for
all legal fees and administrative costs incurred by the board
in enforcing the violation.
(8) Within 30 days after the issuance of an emergency
order suspending operations of a massage therapy
establishment, the massage therapy establishment may request,
in writing, a formal hearing before the board.
(2)(i) Any individual or entity aggrieved by any
adverse action of the board may appeal the action to the
Circuit Court of Montgomery County.
(h)(j) The board shall present any incident deemed
serious misconduct by the board to the local district attorney
for review and appropriate legal action.
(i)(k) The board may adopt rules to implement and
administer this section."
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administer this section."
"§34-43A-14
(a) An individual or entity who does not hold a license
as a massage therapist, physical therapist, chiropractor, or
athletic trainer, or a license for a massage therapy
establishment, shall not use the words "massage" or "bodywork"
on any sign or other form of advertising describing services
performed by the individual or within the establishment.
(b) Any advertisement by a massage therapist or massage
therapy establishment shall contain the license number of the
massage therapist or massage therapy establishment."
"§34-43A-16
(a) In addition to the criminal penalty prescribed by
this chapter, the board may seek an injunction against any
individual, entity, or establishment in violation of this
chapter.
(b) In an action for an injunction, the board may
demand and recover a civil penalty of fifty dollars ($50) per
day for each violation, reasonable attorney fees, and court
costs."
"§34-43A-18
(a) To be approved by the board, a massage therapy
school shall meet all of the following requirements comply
with all standards for approval established by board rule. The
applicant shall also do all of the following :
(1) Submit to the board a completed application
prescribed by the board and the registration fee specified in
Section 34-43A-12 .
(2) Provide documentation of a curriculum that shall
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(2) Provide documentation of a curriculum that shall
include a minimum number of required hours of instruction in
the subjects required by Section 34-43A-8.
(3)(2) Register annually biannually with the board by
submitting a renewal form, the renewal fee specified in
Section 34-43A-12 , and a current curriculum and list of active
massage therapy instructors teaching at the school.
(4)(3) Commencing on October 1, 2025, submit proof to
the board of registration as an assigned school through the
National Certification Board for Therapeutic Massage and
Bodywork (NCBTMB).
(4) Satisfy other standards as the board my impose by
rule.
(b) Except as provided in Section 34-43A-4(a)(4), every
massage therapy instructor teaching a course in massage
therapy at a massage therapy school located in this state
shall be licensed by the board as a massage therapist and
registered as a massage therapy instructor. Instructors who
are not teaching massage therapy do not need to be registered.
An adjunct massage therapy instructor shall be dually licensed
in the state where he or she resides or be nationally
certified, or both.
(c) An applicant for registration as a massage therapy
instructor shall satisfy all of the following requirements:
(1) Be currently licensed as a massage therapist in
this state.
(2) Submit to the board a completed application as
prescribed by the board and the one-time application fee
specified in Section 34-43A-12 .
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1008 SB253 INTRODUCED
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specified in Section 34-43A-12 .
(3) Submit documentation of three years of experience
in the practice of massage therapy. The documentation may be
considered by the board on a case-by-case basis."
Section 3. This act shall become effective on June 1,
2025.
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