Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1440 3
4
By: Representative Bentley 5
By: Senator D. Wallace 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE MASSAGE THERAPY ACT; TO ESTABLISH 9
REGISTRATION FOR MASSAGE THERAPY ESTABLISHMENTS; AND 10
FOR OTHER PURPOSES. 11
12
13
Subtitle 14
TO AMEND THE MASSAGE THERAPY ACT; AND TO 15
ESTABLISH REGISTRATION FOR MASSAGE 16
THERAPY ESTABLISHMENTS. 17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. Arkansas Code § 17 -86-102 is amended to read as follows: 21
17-86-102. Definitions. 22
As used in this chapter: 23
(1) “Entity” means a corporation, association, limited liability 24
company, general partnership, limited partnership, sole proprietorship or 25
other organization recognized under the laws of the State of Arkansas or any 26
other state; 27
(2) “Licensee” means an individual licensed under this chapter; 28
(2)(A)(3)(A) “Massage therapist” means a person who has: 29
(i) Earned a diploma from a State Board of Health 30
accepted school of massage therapy; 31
(ii) Passed an examination required or accepted by 32
the State Board of Health; and 33
(iii) Become licensed and registered to practice 34
massage therapy. 35
(B) “Massage therapist” includes a person who has 36 HB1440
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previously obtained the massage therapist license under prior state law. 1
(C) A massage therapist may: 2
(i) Instruct continuing education programs approved 3
by the Department of Health; and 4
(ii) Assist in the instruction of the procedures 5
defined in subdivisions (3)(A)-(C) (4)(A)-(C) of this section under the 6
direct supervision of a massage therapy instructor or master massage 7
therapist; 8
(3)(A)(4)(A) “Massage therapy” means the treatment of soft 9
tissues, which may include skin, fascia, and muscles and their dysfunctions 10
for therapeutic purposes of establishing and maintaining good physical 11
condition, comfort, and relief of pain. 12
(B) “Massage therapy” is a healthcare service that 13
includes gliding, kneading, percussion, compression, vibration, friction, 14
nerve strokes, and stretching the tissue. 15
(C) “Massage therapy” also means to engage in the practice 16
of any of the following procedures: 17
(i) Massage therapy techniques and procedures, 18
either hands-on or with mechanical devices; 19
(ii) Therapeutic application and use of oils, herbal 20
or chemical preparations, lubricants, nonprescription creams, lotions, 21
scrubs, powders, and other spa services; 22
(iii) Therapeutic application of hot or cold packs; 23
(iv) Hydrotherapy techniques; 24
(v) Heliotherapy, which may include mechanical 25
devices, heat lamps, and other devices; 26
(vi) Electrotherapy; 27
(vii) Any hands-on bodywork techniques and procedures 28
rising to the level of the techniques and procedures intended to be regulated 29
under this chapter and not covered under specific licensing laws of other 30
boards; and 31
(viii) Cupping therapy; 32
(4)(5) “Massage therapy apprentice” means a person who is 33
enrolled in a massage therapy apprenticeship program; 34
(5)(6) “Massage therapy apprenticeship program” means a program 35
that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing 36 HB1440
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on March 1, 2021, and is approved by the United States Office of 1
Apprenticeship; 2
(7) "Massage therapy establishment” means a location other than 3
a massage therapy school in which massage therapy is performed including 4
without limitation: 5
(A) A massage therapy clinic; 6
(B) A massage therapy spa; or 7
(C) An entity that contracts with or employs a massage 8
therapist to provide massage therapy services at an alternate location, 9
including without limitation a private residence, hotel, or other permanent 10
or temporary dwelling; 11
(8) “Massage therapy establishment registration” means the 12
mandatory registration with the department that permits the operation of a 13
massage therapy establishment; 14
(6)(9) “Massage therapy clinic” means a clinic, place, premises, 15
building, or part of a building in which a branch or any combination of 16
branches of massage therapy or the occupation of a massage therapist is 17
practiced; 18
(7)(A)(10)(A) “Massage therapy instructor” means a person who: 19
(i) Before July 1, 2010, has completed no less than 20
two hundred fifty (250) hours of practical experience as a master massage 21
therapist, which may be gained, in part or in whole, as an assistant to an 22
instructor in a massage school or may be gained, in part or in whole, as a 23
directed instructor in a massage school and has completed no less than two 24
hundred fifty (250) continuing education hours as approved by the department; 25
(ii) On or after July 1, 2010, has been an active and 26
practicing licensee and registered as a master massage therapist for a period 27
of not less than three (3) years preceding the application for an upgrade to 28
massage therapy instructor; 29
(iii) On or after July 1, 2010, in addition to the 30
experience under subdivision (7)(A)(i) (10)(A)(i) of this section, has 31
completed no less than two hundred fifty (250) continuing education hours as 32
approved by the department as a licensed master massage therapist; and 33
(iv) Is determined by the department to be qualified 34
to be licensed and registered to practice massage therapy. 35
(B) “Massage therapy instructor” includes a person who has 36 HB1440
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previously obtained the massage therapy instructor license under prior state 1
law. 2
(C) Massage therapy instructors may: 3
(i) Instruct continuing education programs approved 4
by the department; 5
(ii) Instruct any of the procedures in subdivision 6
(3) (4) of this section; and 7
(iii) Instruct basic curricula in a massage therapy 8
school registered by the department as required by § 17 -86-306(e); 9
(8)(11) “Massage therapy learning permit” means a permit issued 10
by the Department of Health department before enrollment in a massage therapy 11
apprenticeship program or in a massage therapy school that is valid for no 12
longer than six (6) months after completion of the apprenticeship or 13
graduation from the massage therapy school; 14
(9)(12) “Massage therapy school” means a registered and licensed 15
facility that meets and follows the required educational standards as 16
established by § 17-86-306 and all pertinent rules established by the State 17
Board of Health; 18
(10)(13) “Massage therapy spa” means a site or premises, or 19
portion of a site or premises, in which a massage therapist practices 20
massage; 21
(11)(14) “Massage therapy student” means a person who is 22
enrolled in a licensed massage therapy school or postsecondary massage 23
therapy school; 24
(12)(A)(15)(A) “Master massage therapist” means a person who: 25
(i) Before July 1, 2010, is a licensed and 26
registered massage therapist who has completed no fewer than two hundred 27
fifty (250) hours of practical experience as a massage therapist, which may 28
be gained in part or in whole as an assistant to an instructor in a massage 29
school and has completed no less than one hundred twenty -five (125) 30
continuing education hours as approved by the department; 31
(ii) Either: 32
(a) On or after July 1, 2010, has: 33
(1) Been an active and practicing 34
licensee and registered as a massage therapist for a period of not less than 35
two (2) years preceding the application for an upgrade to master massage 36 HB1440
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therapist; and 1
(2) In addition to the experience under 2
subdivision (12)(A)(i) (15)(A)(i) of this section, completed no less than one 3
hundred twenty-five (125) continuing education hours as approved by the 4
department; or 5
(b) On or after July 1, 2023, has: 6
(1) Been an active practicing licensee 7
and registered as a massage therapist for the period of not less than twelve 8
(12) months preceding the application for an upgrade to master massage 9
therapist; and 10
(2) Completed not less than three 11
hundred (300) hours of advanced coursework in massage therapy as part of an 12
Associate of Applied Science degree of massage therapy from an accredited 13
college or university; and 14
(iii) Is determined by the department to be qualified 15
to be licensed and registered to practice massage therapy. 16
(B) “Master massage therapist” includes a person who has 17
previously obtained the master massage therapist license under a prior state 18
law. 19
(C) Master massage therapists may: 20
(i) Instruct continuing education programs approved 21
by the department; 22
(ii) Instruct any of the procedures in subdivision 23
(3) (4) of this section; and 24
(iii) Instruct, as directed by a massage therapy 25
instructor, basic curricula in a massage therapy school registered by the 26
department as required by § 17 -86-306(e); 27
(13)(16) “Postsecondary massage therapy school” means a massage 28
therapy school that: 29
(A) Offers a postsecondary curriculum approved by the 30
State Board of Health; and 31
(B) Has an enrollment in which no more than fifty percent 32
(50%) of its students do not have a high school diploma or the recognized 33
equivalent of a high school diploma; 34
(17) “Principal” means each owner, member, shareholder, partner, 35
or other person with a financial interest in an entity applying for or 36 HB1440
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holding a massage therapy establishment registration; and 1
(14)(18) “Sexual misconduct” includes: 2
(A) A range of behavior used to obtain sexual 3
gratification against another's will, at the expense of another, without the 4
client's knowledge, engaging in sexual activity for profit, or a combination 5
of any of these activities; 6
(B) Massage of the genitalia, anus, and, except under 7
specific circumstances, the breast; and 8
(C) Sexual activity with consent of a client or at the 9
request of a client; and 10
(15) “This chapter” means the Massage Therapy Act, § 17 -86-101 11
et seq. 12
13
SECTION 2. Arkansas Code § 17 -86-104 is amended to read as follows: 14
17-86-104. Criminal background checks. 15
An applicant applying for enrollment in a massage therapy school, 16
postsecondary massage therapy school, or massage therapy apprenticeship 17
program or applying as a new massage therapy licensee, an individual applying 18
for a new massage therapy school license, a person applying individually or 19
as principal of an entity applying for a massage therapy establishment 20
registration, or a licensee applying for an upgrade issued by the Department 21
of Health shall apply to the Identification Bureau of the Division of 22
Arkansas State Police for a state and federal criminal background check to be 23
conducted by the Identification Bureau of the Division of Arkansas State 24
Police and the Federal Bureau of Investigation. 25
26
SECTION 3. Arkansas Code § 17 -86-203(b)(1) and (2), concerning the 27
powers and duties of the State Board of Health and the Department of Health 28
relating to the licensure of massage therapists, are amended to read as 29
follows: 30
(b)(1)(A) The Department of Health shall inspect or cause an 31
inspection of student records at least one (1) time each year for each 32
massage therapy school operated in this state. 33
(B) The department and its agents and employees may enter 34
and inspect a massage therapy clinic, spa, or school establishment or massage 35
therapy school during operating hours of the business. 36 HB1440
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(2) The department and its agents and employees shall not 1
request or be granted permission to enter a room of a massage therapy clinic, 2
spa, or school establishment or massage therapy school in which a client is 3
receiving treatment from a licensee under this chapter. 4
5
SECTION 4. Arkansas Code § 17 -86-203(e), concerning the powers and 6
duties of the State Board of Health and the Department of Health relating to 7
the licensure of massage therapists, is amended to read as follows: 8
(e) For purposes of this section, the board shall follow the licensing 9
and registration restrictions based on criminal records under § 17 -3-102. 10
11
SECTION 5. Arkansas Code § 17 -86-204(a) and (b), concerning records 12
relating to the licensure of massage therapists, are amended to read as 13
follows: 14
(a)(1) The Department of Health shall maintain a record book and 15
computer file in which will be entered the names and addresses of all persons 16
and entities to whom licenses or registrations have been granted under this 17
chapter, the license or registration number, and the dates of granting such 18
licenses, registrations, and renewals thereof, and other matters of record. 19
(2) The department will move to a separate book and file the 20
records of all persons who have died, have let their licenses lapse for three 21
(3) years, whose licenses have been suspended or revoked by the department, 22
or cancelled by the licensee. 23
(b)(1) The record books and computer files so provided and maintained 24
shall be deemed and considered a book of records and files of records, and 25
they will be kept in a timely manner. 26
(2) A transcript of any record therein or a license or 27
registration number or date of granting such a license or registration to a 28
person charged with a violation of any of the provisions of this chapter 29
shall be admitted as evidence in any of the courts of this state if certified 30
by the department. 31
32
SECTION 6. Arkansas Code § 17 -86-301(a)(1)-(5), concerning 33
registration and licensures required under the Massage Therapy Act, is 34
amended to read as follows: 35
(1) For any person who does not hold a valid massage therapy 36 HB1440
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license to use the following titles: massage therapist, massage practitioner, 1
myotherapist, massotherapist, massage technologist, masseur, masseuse, 2
therapy technologist, master massage therapist, massage therapy instructor, 3
or any derivation of those titles or to advertise such titles; 4
(2) For any person who does not hold the applicable massage 5
therapy license issued by the Department of Health to engage professionally 6
for payment, barter, donation, or exchange in the practice or instruction of 7
massage therapy as defined in this chapter; 8
(3) For any person to operate or conduct any massage therapy 9
clinic establishment or massage therapy school which does not conform to the 10
sanitary rules contained in § 17 -86-302, in state law, in local ordinances, 11
or in those rules which may be adopted by the State Board of Health; 12
(4) To employ any person to practice in a massage therapy 13
establishment or instruct under this chapter who does not hold a valid 14
license issued by the department; 15
(5) For any person to operate a massage therapy school or clinic 16
massage therapy establishment without its first being registered under the 17
provisions of this chapter as a licensed massage therapy school or registered 18
clinic registered as a massage therapy establishment ; 19
20
SECTION 7. Arkansas Code § 17 -86-301(c)(1) and (2), concerning 21
registration and licensures required under the Massage Therapy Act, are 22
amended to read as follows: 23
(c)(1) A licensee or registration holder shall notify the department 24
in writing of any change of name, address, phone number, or place of 25
employment. 26
(2) If a name change is requested, a new license or registration 27
shall be issued in the new name at the next renewal date or immediately for a 28
fee not to exceed twenty dollars ($20.00) for printing of a new license. 29
30
SECTION 8. Arkansas Code § 17 -86-302(a), concerning sanitary 31
requirements for massage therapy schools and massage therapy establishments, 32
is amended to read as follows: 33
(a) It shall be unlawful for any person or school to be licensed or 34
any clinic establishment to be operated under the provisions of this chapter 35
unless the following requirements are met and practiced: 36 HB1440
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(1) A sink for hand washing with hot and cold running water and 1
soap must be accessible; 2
(2) A restroom must be accessible; 3
(3) A towel or sheet that has been used by one (1) client may 4
not be used on another person unless the towel or sheet has been relaundered; 5
(4) Anyone who has any infectious, contagious, or communicable 6
disease which may be spread by airborne, droplet, contact, or indirect 7
methods and who is in contact with the public must not practice until all 8
risk of disease transmission is cleared. Any employee with such a disease 9
must be immediately relieved from duty until all risk of disease transmission 10
is cleared; 11
(5) A school or clinic must be equipped with a massage table or 12
tables or a massage chair or chairs or equipped with such standard equipment 13
dictated by the practice engaged in as defined in § 17 -86-102; and 14
(6) A clinic or school must comply with all requirements of the 15
Department of Health, city ordinances, and state laws. 16
17
SECTION 9. Arkansas Code § 17 -86-307 is amended to read as follows: 18
17-86-307. Massage therapy clinic and spa establishment. 19
(a)(1) A person or entity shall not establish, maintain, or operate a 20
massage therapy clinic or massage therapy spa, or both, until the address and 21
telephone number of the office, clinic, or spa have been supplied in writing 22
to the Department of Health establishment unless the person or entity is 23
registered with the Department of Health . 24
(2) To open a massage therapy establishment, each principal of a 25
massage therapy establishment shall submit to the department the following: 26
(A) A completed registration application as furnished by 27
the department; 28
(B)(i) List of all principals, and each principal’s 29
massage therapy license number, if applicable; 30
(ii) If requested by the department, the applicant 31
or massage therapy establishment registration holder shall provide any 32
requested documentation to support each principal’s interest in the entity; 33
(C) List of all licensed massage therapists performing 34
services in the massage therapy establishment; 35
(D) A certificate of good standing from the Secretary of 36 HB1440
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State, if applicable; and 1
(E) A copy of a business license from city or 2
municipality, if applicable. 3
(3) Each massage therapy establishment registration issued under 4
this chapter shall be valid for two (2) years from the date of issuance. 5
(4) Any massage therapy establishment registered and in good 6
standing with the department on the effective date of this section shall have 7
ninety (90) days to submit all required documentation to the department as 8
provided in this section. 9
(5) The massage therapy establishment registration is not 10
transferable. 11
(b) If a massage therapy clinic, massage therapy spa, or both moves to 12
a new location or changes its phone number, the new address or phone number, 13
or both, shall be submitted immediately to the department in writing before 14
operating the clinic or spa, or both, at the new address If any information 15
or documentation provided by the massage therapy establishment under 16
subsection (a) of this section changes after initial registration, the 17
massage therapy establishment shall update the department within ten (10) 18
business days of the change . 19
(c) The annual inspection fee for each clinic and spa shall not exceed 20
seventy-five dollars ($75.00). 21
22
SECTION 10. Arkansas Code §§ 17 -86-310 and 17-86-311 are amended to 23
read as follows: 24
17-86-310. Display of license or registration. 25
(a)(1) An official massage therapy license shall be conspicuously and 26
publicly displayed in the place where the holder engages in the practice of 27
massage therapy or instruction of massage therapy. 28
(2) A An official massage therapy school license shall be 29
conspicuously displayed in the massage therapy school. 30
(3) An official massage therapy establishment registration shall 31
be conspicuously displayed in the massage therapy establishment. 32
(b) It is unlawful to tamper with or reduce in size an original 33
massage therapy license or registration issued by the Department of Health. 34
(c) Each license or registration shall provide the correct address of 35
the department. 36 HB1440
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1
17-86-311. Disciplinary actions and penalties. 2
(a) The Massage Therapy Technical Advisory Committee may deny, 3
suspend, place on probation, or revoke a license or registration upon any one 4
(1) of the following grounds: 5
(1) A felony listed under § 17 -3-102 or the offense of 6
prostitution, either in this state or another state; 7
(2) Malpractice or gross incompetency; 8
(3) The use in advertisements of untruthful or improbable 9
statements or flamboyant, exaggerated, or extravagant claims concerning the 10
licensee's professional excellence or abilities; 11
(4) Habitual drunkenness or habitual use of any illegal drugs; 12
(5) Serving alcoholic beverages at the clinic or school in a 13
room where massage therapy is being performed or in a massage therapy school; 14
(6) Unprofessional conduct; 15
(7) Failure to comply with the Department of Health's Massage 16
Therapy Code of Ethics or any valid rule or order of the department; 17
(8) Invasion of the field of practice of any profession for 18
which a license is required, the diagnosis of ailments, diseases, or injuries 19
of human beings, the performance of osseous adjustments, prescription of 20
medications, or other breaches of the scope of practice of massage therapy; 21
(9) Failure of any licensee or registration holder to comply 22
with this chapter; or 23
(10) Failure to have licensed personnel to perform massage 24
therapy techniques in his or her clinic establishment or school; 25
(11) Employing, contracting or allowing unlicensed massage 26
therapists, unlicensed massage therapy students, or unlicensed massage 27
therapy apprentices to perform massage therapy techniques in his or her 28
massage therapy establishment or massage therapy school; or 29
(12) Operating an establishment without a massage therapy 30
establishment registration . 31
(b)(1) The State Board of Health shall establish by rule the penalty 32
system to be imposed under this section. 33
(2) Whenever the committee finds that the holder of a license, 34
certificate of registration, or other permit issued by the department is 35
guilty of a violation of the rules of the department or the laws of the state 36 HB1440
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pertaining to any occupation, profession, or business licensed or regulated 1
by the department, the committee may impose a penalty on the licensee , 2
registration holder, or permit holder in lieu of suspension or revocation of 3
license, certificate of registration, or other permit. 4
(3)(A) Upon imposition of a penalty in lieu of suspension or 5
revocation of license, certificate of registration, or other permit, the 6
committee may require that the licensee or permit holder pay a penalty to the 7
department. 8
(B) The license, certificate of registration, or permit 9
shall be suspended until the penalty is paid. 10
(4)(A) The penalty may be imposed in lieu of revocation or 11
suspension of a license, certificate of registration, or other permit only if 12
the committee formally finds that the public health, safety, welfare, and 13
morals would not be impaired and that the payment of the penalty will achieve 14
the desired disciplinary results. 15
(B) The minimum penalty imposed by the committee in lieu 16
of revocation or suspension of a license, certificate, or other permit shall 17
be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars 18
($1,000) per infraction. 19
(C) The authority of the committee to impose penalties 20
under this section is not affected by any other civil or criminal proceeding 21
concerning the same violation. 22
(D) A person penalized by the committee under this chapter 23
may appeal any order of the committee in the manner currently provided by 24
law. 25
(E) In addition to any other sanctions authorized by this 26
chapter, the committee may impose a civil penalty as provided in this 27
subsection against any unlicensed person, firm, or corporation practicing or 28
offering to practice any actions requiring licensure under this chapter. 29
(c)(1) The massage therapist -patient relationship is founded on mutual 30
trust. Sexual misconduct is prohibited. 31
(2) The committee shall revoke the license of a person who 32
engages in the practice of massage of the breasts unless the massage 33
therapist: 34
(A) Engages in the practice of massage of the breasts for 35
therapeutic and medical purposes including without limitation the reduction 36 HB1440
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of scar tissue following a surgery on the breast, release of myofascial 1
binding, or improving lymphatic flow; and 2
(B) Has received at least forty -eight (48) hours of 3
continuing education credits in lymphatic massage, myofascial massage, or 4
oncology massage. 5
(3) A suspension revocation of a license or registration under 6
subdivisions (c)(1) and (2) of this section shall be for a period of at least 7
three (3) years and any application for reinstatement of a license shall be 8
reviewed for approval by the Massage Therapy Technical Advisory Committee . 9
(d)(1) Charges may be brought by any person. 10
(2) Any accusation of any of the offenses enumerated in this 11
section may be filed with the committee. The accusations shall be in writing, 12
signed by the accuser, and verified under oath. 13
(e) In denying, suspending, or revoking any license or registration, 14
the committee shall afford any party review as provided for in the Arkansas 15
Administrative Procedure Act, § 25 -15-201 et seq., and as otherwise provided 16
by the rules of the State Board of Health. 17
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