Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 58 3
4
By: Senator Irvin 5
By: Representative Wardlaw 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE A S TUDENT AND APPRENTIC E LEVEL OF 9
LICENSING IN THE MAS SAGE THERAPY PROFESS ION; AND FOR 10
OTHER PURPOSES. 11
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Subtitle 14
TO CREATE A STUDENT AND APPRENTICE LEVEL 15
OF LICENSING IN THE MASSAGE THERAPY 16
PROFESSION. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code § 17 -86-102, concerning the definitions 22
regarding the practice of massage therapy, is amended to add additional 23
subdivisions to read as follows: 24
(12) “Massage therapy appren tice” means a person who is enrolled 25
in a massage therapy apprenticeship program; 26
(13) “Massage therapy apprenticeship program” means a program 27
that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing 28
on March 1, 2021, and is approved by the United States Office of 29
Apprenticeship; 30
(14) “Massage therapy learning permit” means a permit issued by 31
the Department of Health before enrollment in a massage therapy 32
apprenticeship program or in a massage therapy school that is valid for no 33
longer than six (6) months after completion of the apprenticeship or 34
graduation from the massage therapy school; and 35
(15) “Massage therapy student” means a person who is enrolled in 36 SB58
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a licensed massage therapy school or postsecondary massage therapy school . 1
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SECTION 2. Arkansas Code § 17 -86-104 is amended to read as follows: 3
17-86-104. Criminal background checks. 4
An applicant applying for enrollment in a massage therapy school, 5
postsecondary massage therapy school, or massage therapy apprenticeship 6
program or applying as a new massage therapy licensee, an individual applying 7
for a new massage therapy school license, or a licensee applying for an 8
upgrade issued by the Department of Health shall apply to the Identification 9
Bureau of the Department Division of Arkansas State Police for a state and 10
federal criminal background check to be conducted by the Identification 11
Bureau of the Division of Arkansas State Police and the Federal Bureau of 12
Investigation. 13
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SECTION 3. Arkansas Code § 17 -86-203(d)(1), concerning the powers and 15
duties of the State Board of Health and the Department of Health to regulate 16
the practice of massage therapy, is amended to read as follows: 17
(d)(1) The department may require each original applicant enrolling in 18
a massage therapy sch ool, postsecondary massage therapy school, or massage 19
therapy apprenticeship program, or applying as a new massage therapy licensee 20
to practice in the State of Arkansas and each upgrade applicant for a license 21
issued by the Department of Health department to apply to the Identification 22
Bureau of the Division of Arkansas State Police for a state and federal 23
criminal background check to be conducted by the Identification Bureau of the 24
Division of Arkansas State Police and the Federal Bureau of Investigation. 25
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SECTION 4. Arkansas Code § 17 -86-301(a) and (b), concerning 27
registration to practice massage therapy, is amended to read as follows: 28
(a) It shall be unlawful: 29
(1)(A) For any person who does not hold a valid license to use 30
the following titles: mass age therapist, massage practitioner, myotherapist, 31
massotherapist, massage technologist, masseur, masseuse, therapy 32
technologist, master massage therapist, massage therapy instructor, or any 33
derivation of those titles or to advertise such titles; or 34
(B)(2) For any person who does not hold the applicable 35
license issued by the Department of Health to engage professionally for 36 SB58
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payment, barter, donation, or exchange in the practice or instruction of 1
massage therapy as defined in this chapter; 2
(2)(3) For any person to operate or conduct any massage therapy 3
clinic or massage therapy school which does not conform to the sanitary rules 4
contained in § 17-86-302, in state law, in local ordinances, or in those 5
rules which may be adopted by the State Board of Hea lth; 6
(3)(4) To employ any person to practice or instruct under this 7
chapter who does not hold a valid license issued by the department; 8
(4)(5) For any person to operate a massage therapy school or 9
clinic without its first being registered under the p rovisions of this 10
chapter as a licensed massage therapy school or registered clinic; or 11
(5)(6) For any massage therapy school or postsecondary massage 12
therapy school to enroll any person in the massage therapy school or 13
postsecondary school who does not hold a massage therapy learning permit 14
issued by the department; 15
(7) For any massage therapy apprenticeship program to enroll any 16
person in the massage therapy apprenticeship program who does not hold a 17
massage therapy learning permit issued by the department; or 18
(8)(A) For the department or other individual or entity to 19
incorporate privileges or certification requirements of any private 20
organization, private professional association, or private accrediting agency 21
within Arkansas massage laws or i ts rules. 22
(B) However, the department may adopt as its licensure 23
exam an exam drafted and administered by a private organization, private 24
professional association, or private accreditation agency. 25
(b) Exemptions: 26
(1) Persons authorized by the laws of this state to practice 27
medicine, osteopathy, podiatry, or physical therapy, and licensed physicians' 28
assistants, licensed nurses, licensed physical therapy assistants, licensed 29
acupuncturists, licensed midwives, and chiropractors are exempt from this 30
chapter in so far as massage therapy practices are offered or instructed 31
within the scope and under the provisions of licensure; 32
(2) Persons licensed as a massage therapy student who practice 33
under the direct supervision of a massage therapy instructor a t a licensed 34
massage therapy school or licensed postsecondary massage therapy school for a 35
period not to exceed six (6) months from the date of graduation from the 36 SB58
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massage therapy school; 1
(3) Persons licensed as a massage therapy apprentice who 2
practice under the direct supervision of a massage therapy instructor who is 3
registered or approved as a sponsor as part of the massage therapy 4
apprenticeship program approval by the United States Office of 5
Apprenticeship, for a period not to exceed six (6) months from the date of 6
completion of the massage therapy apprenticeship program; 7
(4) Persons authorized by the department to present and instruct 8
department-approved school curriculum or continuing education programs, or 9
both, may present and instruct such d epartment-approved curriculum and 10
programs for payment and in the presentation and instruction may utilize 11
practices defined in, but without being licensed or registered under, the 12
provisions of this chapter; and 13
(3)(5) The practice of massage therapy t hat is incidental to a 14
program of study by students enrolled in a licensed massage therapy school 15
approved by the department, and under direct supervision of a licensee 16
employed as an instructor at the school, is exempt from § 17 -86-311(a)(10). 17
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SECTION 5. Arkansas Code § 17 -86-303 is amended to read as follows: 19
17-86-303. Massage therapist. 20
(a) In order to be licensed as a massage therapist, the person seeking 21
licensure shall: 22
(1) Furnish to the Department of Health satisfactory proof that 23
he or she is eighteen (18) years of age or older; 24
(2) Make oath that he or she has not been convicted of, found 25
guilty of, or entered a plea of guilty or nolo contendere to any offense that 26
would constitute a felony listed under § 17 -3-102 or constitute the o ffense 27
of prostitution, either in this state or another state, and submit a signed 28
authorization to investigate and have information released to the department; 29
(3) Present the following issued in the same name as the 30
applicant or licensee: 31
(A) A valid photo identification or driver's license, or 32
both; and 33
(B) A Social Security card; 34
(4)(A) Present a high school diploma, high school equivalency 35
diploma approved by the Adult Education Section, or college transcript and 36 SB58
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credentials issued by a m assage therapy school accepted by the department or 1
a like institution with no less than five hundred (500) hours of in -classroom 2
instruction. 3
(B) An applicant shall not submit his or her transcript 4
directly to the department. 5
(C) An applicant shal l request that the massage therapy 6
school submit the transcript directly to the department. 7
(D)(i) If the applicant's transcript is not obtainable 8
from the original school, the applicant shall submit a statement to explain 9
why the transcript may not be obtained. 10
(ii) Other documentation of credentials may be 11
submitted and accepted for licensure at the discretion of the department; 12
(5) Furnish to the department satisfactory proof of passing an 13
examination recognized and approved by the department ; and 14
(6) Pay the specified fees, which shall accompany a completed 15
notarized application to the department. 16
(a) For an applicant seeking enrollment in a massage therapy school or 17
massage therapy apprenticeship program on or after January 1, 2024, in order 18
to be issued a massage therapy learning permit, the applicant seeking 19
enrollment in a massage therapy school or massage therapy apprenticeship 20
program shall: 21
(1) Furnish to the Department of Health satisfactory proof that 22
the applicant is eighteen (18) years of age or older; 23
(2) Make oath that the applicant has not been convicted of, 24
found guilty of, or entered a plea of guilty or nolo contendere to any 25
offense that would constitute a felony listed under § 17 -3-102 or constitute 26
the offense of prostitution, either in this state or another state, and 27
submit a signed authorization to investigate and have information released to 28
the department; 29
(3) Provide a state and federal criminal background check to the 30
department as provided in § 17 -86-104; 31
(4) Present the following issued in the same name as the 32
applicant or licensee: 33
(A) A valid photo identification card or driver's license, 34
or both; and 35
(B) A Social Security card; 36 SB58
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(5) Request the massage therapy school or massage therapy 1
apprenticeship program in which the applicant is seeking to enroll or has 2
enrolled to send a copy of the enrollment contract, or equivalent 3
confirmation of enrollment to the department; and 4
(6) Pay the specified fees as provided in subsection (d) of thi s 5
section, which shall accompany a completed notarized application to the 6
department. 7
(b) For an applicant who was issued a massage therapy learning permit 8
on or after January 1, 2024, an applicant holding a massage therapy learning 9
permit under subsecti on (a) of this section, upon graduating from a massage 10
therapy school or completing a massage therapy apprenticeship program, shall: 11
(1) Request the massage therapy school or massage therapy 12
apprenticeship program submit directly to the department eithe r: 13
(A) A transcript and credentials issued by a massage 14
therapy school; or 15
(B) A certificate of completion issued by a massage 16
therapy apprenticeship program; 17
(2) Furnish to the department satisfactory proof of passing an 18
examination recognized and approved by the department; 19
(3) Make oath that the applicant has not been convicted of, 20
found guilty of, or entered a plea of guilty or nolo contendere to any 21
offense that would constitute a felony listed under § 17 -3-102 or constitute 22
the offense of prostitution, either in this state or another state, since the 23
date the massage therapy learning permit was issued, and submit a signed 24
authorization to investigate and have information released to the department; 25
(4) Submit a completed application pr ovided by the department 26
for issuance of licensure; and 27
(5) Pay the specified fees as provided in subsection (d) of this 28
section. 29
(c) In order to be licensed as a massage therapist, the person seeking 30
licensure under § 17 -86-308 or subsection (g) of t his section or through 31
similar reciprocity provisions as provided by the rules established by the 32
department shall: 33
(1) Furnish to the department satisfactory proof that the 34
applicant is eighteen (18) years of age or older; 35
(2) Make oath that the app licant has not been convicted of, 36 SB58
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found guilty of, or entered a plea of guilty or nolo contendere to any 1
offense that would constitute a felony listed under § 17 -3-102 or constitute 2
the offense of prostitution, either in this state or another state, and 3
submit a signed authorization to investigate and have information released to 4
the department; 5
(3) Provide a state and federal criminal background check to the 6
department as provided in § 17 -86-104; 7
(4) Present the following issued in the same name as t he 8
applicant or licensee: 9
(A) A valid photo identification card or driver's license, 10
or both; and 11
(B) A Social Security card; 12
(5)(A) Present a high school diploma, high school equivalency 13
diploma approved by the Adult Education Section, or college transcript and 14
credentials issued by a massage therapy school accepted by the department or 15
an equivalent institution with no less than five hundred (500) hours of in -16
classroom instruction. 17
(B) An applicant shall not submit his or her transcrip t 18
directly to the department. 19
(C) An applicant shall request that the massage therapy 20
school submit the transcript directly to the department. 21
(D)(i) If the applicant's transcript is not obtainable 22
from the original school, the applicant shall subm it a statement to explain 23
why the transcript can not be obtained. 24
(ii) Other documentation of credentials may be 25
submitted and accepted for licensure at the discretion of the department; 26
(6) Furnish to the department satisfactory proof of passing a n 27
examination recognized and approved by the department; and 28
(7) Pay the specified fees as provided in subsection (d) of this 29
section, which shall accompany a completed notarized application to the 30
department. 31
(b)(d) Fees are as follows: 32
(1) Application Massage therapy learning permit application fee 33
............. $75.00 Nonrefundable under subsection (a) of this section 34
(2) Reciprocity license application fee.............75.00 35
Nonrefundable under subsection (c) of this section 36 SB58
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(2)(3) Original license fee ............. 80.00 under subsection 1
(b) of this section or by reciprocity under subsection (c) of this section 2
(3)(4) Biennial renewal ............. 80.00 3
(4)(5) Examination fee or reexamination fee ............. 25.00 4
(5)(6) Duplicate license fee ............. 10.00 5
(6)(7) Pocket card fee not to exceed ten dollars ($10.00). 6
(c)(e) A person shall not practice massage therapy unless he or she 7
holds a valid massage therapy learning permit by the department or until his 8
or her official license has been received from the department. 9
(d)(f) A person who attempts to procure or does procure a license in 10
violation of this section shall be subject to the penalties provided for in § 11
17-86-103. 12
(g) A person who was enrolled in a massage therapy school, 13
postsecondary massage therapy school, or massage therapy apprenticeship 14
program as of January 1, 2024, or has completed or graduated from a massage 15
therapy school, postsecondary massage therapy school, or massage therapy 16
apprenticeship program before January 1, 2024, may seek licensure as provided 17
in subsection (c) of this section. 18
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