AR
Arkansas House Bill HB1440

Arkansas 2025 Regular Session

Arkansas House Bill HB1440 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 629 of the Regular Session
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5-State of Arkansas As Engrossed: H2/24/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1440 3
86 4
97 By: Representative Bentley 5
108 By: Senator D. Wallace 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO AMEND THE MASSAGE THERAPY ACT; TO ESTABLISH 9
1412 REGISTRATION FOR MASSAGE THERAPY ESTABLISHMENTS; AND 10
1513 FOR OTHER PURPOSES. 11
1614 12
1715 13
1816 Subtitle 14
1917 TO AMEND THE MASSAGE THERAPY ACT; AND TO 15
2018 ESTABLISH REGISTRATION FOR MASSAGE 16
2119 THERAPY ESTABLISHMENTS. 17
2220 18
2321 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
2422 20
2523 SECTION 1. Arkansas Code § 17 -86-102 is amended to read as follows: 21
2624 17-86-102. Definitions. 22
2725 As used in this chapter: 23
2826 (1) “Entity” means a corporation, association, limited liability 24
2927 company, general partnership, limited partnership, sole proprietorship or 25
3028 other organization recognized under the laws of the State of Arkansas or any 26
3129 other state; 27
3230 (2) “Licensee” means an individual licensed under this chapter; 28
3331 (2)(A)(3)(A) “Massage therapist” means a person who has: 29
3432 (i) Earned a diploma from a State Board of Health 30
3533 accepted school of massage therapy; 31
3634 (ii) Passed an examination required or accepted by 32
3735 the State Board of Health; and 33
3836 (iii) Become licensed and registered to practice 34
3937 massage therapy. 35
40- (B) “Massage therapist” includes a person who has 36 As Engrossed: H2/24/25 HB1440
38+ (B) “Massage therapist” includes a person who has 36 HB1440
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4541 previously obtained the massage therapist license under prior state law. 1
4642 (C) A massage therapist may: 2
4743 (i) Instruct continuing education programs approved 3
4844 by the Department of Health; and 4
4945 (ii) Assist in the instruction of the procedures 5
5046 defined in subdivisions (3)(A)-(C) (4)(A)-(C) of this section under the 6
5147 direct supervision of a massage therapy instructor or master massage 7
5248 therapist; 8
5349 (3)(A)(4)(A) “Massage therapy” means the treatment of soft 9
5450 tissues, which may include skin, fascia, and muscles and their dysfunctions 10
5551 for therapeutic purposes of establishing and maintaining good physical 11
5652 condition, comfort, and relief of pain. 12
5753 (B) “Massage therapy” is a healthcare service that 13
5854 includes gliding, kneading, percussion, compression, vibration, friction, 14
5955 nerve strokes, and stretching the tissue. 15
6056 (C) “Massage therapy” also means to engage in the practice 16
6157 of any of the following procedures: 17
6258 (i) Massage therapy techniques and procedures, 18
6359 either hands-on or with mechanical devices; 19
6460 (ii) Therapeutic application and use of oils, herbal 20
6561 or chemical preparations, lubricants, nonprescription creams, lotions, 21
6662 scrubs, powders, and other spa services; 22
6763 (iii) Therapeutic application of hot or cold packs; 23
6864 (iv) Hydrotherapy techniques; 24
6965 (v) Heliotherapy, which may include mechanical 25
7066 devices, heat lamps, and other devices; 26
7167 (vi) Electrotherapy; 27
7268 (vii) Any hands-on bodywork techniques and procedures 28
7369 rising to the level of the techniques and procedures intended to be regulated 29
7470 under this chapter and not covered under specific licensing laws of other 30
7571 boards; and 31
7672 (viii) Cupping therapy; 32
7773 (4)(5) “Massage therapy apprentice” means a person who is 33
7874 enrolled in a massage therapy apprenticeship program; 34
7975 (5)(6) “Massage therapy apprenticeship program” means a program 35
80-that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing 36 As Engrossed: H2/24/25 HB1440
76+that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing 36 HB1440
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8579 on March 1, 2021, and is approved by the United States Office of 1
8680 Apprenticeship; 2
8781 (7) "Massage therapy establishment” means a location other than 3
8882 a massage therapy school in which massage therapy is performed including 4
8983 without limitation: 5
9084 (A) A massage therapy clinic; 6
9185 (B) A massage therapy spa; or 7
9286 (C) An entity that contracts with or employs a massage 8
9387 therapist to provide massage therapy services at an alternate location, 9
9488 including without limitation a private residence, hotel, or other permanent 10
9589 or temporary dwelling; 11
9690 (8) “Massage therapy establishment registration” means the 12
9791 mandatory registration with the department that permits the operation of a 13
9892 massage therapy establishment; 14
9993 (6)(9) “Massage therapy clinic” means a clinic, place, premises, 15
10094 building, or part of a building in which a branch or any combination of 16
10195 branches of massage therapy or the occupation of a massage therapist is 17
10296 practiced; 18
10397 (7)(A)(10)(A) “Massage therapy instructor” means a person who: 19
10498 (i) Before July 1, 2010, has completed no less than 20
10599 two hundred fifty (250) hours of practical experience as a master massage 21
106100 therapist, which may be gained, in part or in whole, as an assistant to an 22
107101 instructor in a massage school or may be gained, in part or in whole, as a 23
108102 directed instructor in a massage school and has completed no less than two 24
109103 hundred fifty (250) continuing education hours as approved by the department; 25
110104 (ii) On or after July 1, 2010, has been an active and 26
111105 practicing licensee and registered as a master massage therapist for a period 27
112106 of not less than three (3) years preceding the application for an upgrade to 28
113107 massage therapy instructor; 29
114108 (iii) On or after July 1, 2010, in addition to the 30
115109 experience under subdivision (7)(A)(i) (10)(A)(i) of this section, has 31
116110 completed no less than two hundred fifty (250) continuing education hours as 32
117111 approved by the department as a licensed master massage therapist; and 33
118112 (iv) Is determined by the department to be qualified 34
119113 to be licensed and registered to practice massage therapy. 35
120- (B) “Massage therapy instructor” includes a person who has 36 As Engrossed: H2/24/25 HB1440
114+ (B) “Massage therapy instructor” includes a person who has 36 HB1440
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125117 previously obtained the massage therapy instructor license under prior state 1
126118 law. 2
127119 (C) Massage therapy instructors may: 3
128120 (i) Instruct continuing education programs approved 4
129121 by the department; 5
130122 (ii) Instruct any of the procedures in subdivision 6
131123 (3) (4) of this section; and 7
132124 (iii) Instruct basic curricula in a massage therapy 8
133125 school registered by the department as required by § 17 -86-306(e); 9
134126 (8)(11) “Massage therapy learning permit” means a permit issued 10
135127 by the Department of Health department before enrollment in a massage therapy 11
136128 apprenticeship program or in a massage therapy school that is valid for no 12
137129 longer than six (6) months after completion of the apprenticeship or 13
138130 graduation from the massage therapy school; 14
139131 (9)(12) “Massage therapy school” means a registered and licensed 15
140132 facility that meets and follows the required educational standards as 16
141133 established by § 17-86-306 and all pertinent rules established by the State 17
142134 Board of Health; 18
143135 (10)(13) “Massage therapy spa” means a site or premises, or 19
144136 portion of a site or premises, in which a massage therapist practices 20
145137 massage; 21
146138 (11)(14) “Massage therapy student” means a person who is 22
147139 enrolled in a licensed massage therapy school or postsecondary massage 23
148140 therapy school; 24
149141 (12)(A)(15)(A) “Master massage therapist” means a person who: 25
150142 (i) Before July 1, 2010, is a licensed and 26
151143 registered massage therapist who has completed no fewer than two hundred 27
152144 fifty (250) hours of practical experience as a massage therapist, which may 28
153145 be gained in part or in whole as an assistant to an instructor in a massage 29
154146 school and has completed no less than one hundred twenty -five (125) 30
155147 continuing education hours as approved by the department; 31
156148 (ii) Either: 32
157149 (a) On or after July 1, 2010, has: 33
158150 (1) Been an active and practicing 34
159151 licensee and registered as a massage therapist for a period of not less than 35
160-two (2) years preceding the application for an upgrade to master massage 36 As Engrossed: H2/24/25 HB1440
152+two (2) years preceding the application for an upgrade to master massage 36 HB1440
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165155 therapist; and 1
166156 (2) In addition to the experience under 2
167157 subdivision (12)(A)(i) (15)(A)(i) of this section, completed no less than one 3
168158 hundred twenty-five (125) continuing education hours as approved by the 4
169159 department; or 5
170160 (b) On or after July 1, 2023, has: 6
171161 (1) Been an active practicing licensee 7
172162 and registered as a massage therapist for the period of not less than twelve 8
173163 (12) months preceding the application for an upgrade to master massage 9
174164 therapist; and 10
175165 (2) Completed not less than three 11
176166 hundred (300) hours of advanced coursework in massage therapy as part of an 12
177167 Associate of Applied Science degree of massage therapy from an accredited 13
178168 college or university; and 14
179169 (iii) Is determined by the department to be qualified 15
180170 to be licensed and registered to practice massage therapy. 16
181171 (B) “Master massage therapist” includes a person who has 17
182172 previously obtained the master massage therapist license under a prior state 18
183173 law. 19
184174 (C) Master massage therapists may: 20
185175 (i) Instruct continuing education programs approved 21
186176 by the department; 22
187177 (ii) Instruct any of the procedures in subdivision 23
188178 (3) (4) of this section; and 24
189179 (iii) Instruct, as directed by a massage therapy 25
190180 instructor, basic curricula in a massage therapy school registered by the 26
191181 department as required by § 17 -86-306(e); 27
192182 (13)(16) “Postsecondary massage therapy school” means a massage 28
193183 therapy school that: 29
194184 (A) Offers a postsecondary curriculum approved by the 30
195185 State Board of Health; and 31
196186 (B) Has an enrollment in which no more than fifty percent 32
197187 (50%) of its students do not have a high school diploma or the recognized 33
198188 equivalent of a high school diploma; 34
199189 (17) “Principal” means each owner, member, shareholder, partner, 35
200-or other person with a financial interest in an entity applying for or 36 As Engrossed: H2/24/25 HB1440
190+or other person with a financial interest in an entity applying for or 36 HB1440
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205193 holding a massage therapy establishment registration; and 1
206194 (14)(18) “Sexual misconduct” includes: 2
207195 (A) A range of behavior used to obtain sexual 3
208196 gratification against another's will, at the expense of another, without the 4
209197 client's knowledge, engaging in sexual activity for profit, or a combination 5
210198 of any of these activities; 6
211199 (B) Massage of the genitalia, anus, and, except under 7
212200 specific circumstances, the breast; and 8
213201 (C) Sexual activity with consent of a client or at the 9
214202 request of a client; and 10
215203 (15) “This chapter” means the Massage Therapy Act, § 17 -86-101 11
216204 et seq. 12
217205 13
218206 SECTION 2. Arkansas Code § 17 -86-104 is amended to read as follows: 14
219207 17-86-104. Criminal background checks. 15
220208 An applicant applying for enrollment in a massage therapy school, 16
221209 postsecondary massage therapy school, or massage therapy apprenticeship 17
222210 program or applying as a new massage therapy licensee, an individual applying 18
223211 for a new massage therapy school license, a person applying individually or 19
224212 as principal of an entity applying for a massage therapy establishment 20
225213 registration, or a licensee applying for an upgrade issued by the Department 21
226214 of Health shall apply to the Identification Bureau of the Division of 22
227215 Arkansas State Police for a state and federal criminal background check to be 23
228216 conducted by the Identification Bureau of the Division of Arkansas State 24
229217 Police and the Federal Bureau of Investigation. 25
230218 26
231219 SECTION 3. Arkansas Code § 17 -86-203(b)(1) and (2), concerning the 27
232220 powers and duties of the State Board of Health and the Department of Health 28
233221 relating to the licensure of massage therapists, are amended to read as 29
234222 follows: 30
235223 (b)(1)(A) The Department of Health shall inspect or cause an 31
236224 inspection of student records at least one (1) time each year for each 32
237225 massage therapy school operated in this state. 33
238226 (B) The department and its agents and employees may enter 34
239227 and inspect a massage therapy clinic, spa, or school establishment or massage 35
240-therapy school during operating hours of the business. 36 As Engrossed: H2/24/25 HB1440
228+therapy school during operating hours of the business. 36 HB1440
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245231 (2) The department and its agents and employees shall not 1
246232 request or be granted permission to enter a room of a massage therapy clinic, 2
247233 spa, or school establishment or massage therapy school in which a client is 3
248234 receiving treatment from a licensee under this chapter. 4
249235 5
250236 SECTION 4. Arkansas Code § 17 -86-203(e), concerning the powers and 6
251237 duties of the State Board of Health and the Department of Health relating to 7
252238 the licensure of massage therapists, is amended to read as follows: 8
253239 (e) For purposes of this section, the board shall follow the licensing 9
254240 and registration restrictions based on criminal records under § 17 -3-102. 10
255241 11
256242 SECTION 5. Arkansas Code § 17 -86-204(a) and (b), concerning records 12
257243 relating to the licensure of massage therapists, are amended to read as 13
258244 follows: 14
259245 (a)(1) The Department of Health shall maintain a record book and 15
260246 computer file in which will be entered the names and addresses of all persons 16
261247 and entities to whom licenses or registrations have been granted under this 17
262248 chapter, the license or registration number, and the dates of granting such 18
263249 licenses, registrations, and renewals thereof, and other matters of record. 19
264250 (2) The department will move to a separate book and file the 20
265251 records of all persons who have died, have let their licenses lapse for three 21
266252 (3) years, whose licenses have been suspended or revoked by the department, 22
267253 or cancelled by the licensee. 23
268254 (b)(1) The record books and computer files so provided and maintained 24
269255 shall be deemed and considered a book of records and files of records, and 25
270256 they will be kept in a timely manner. 26
271257 (2) A transcript of any record therein or a license or 27
272258 registration number or date of granting such a license or registration to a 28
273259 person charged with a violation of any of the provisions of this chapter 29
274260 shall be admitted as evidence in any of the courts of this state if certified 30
275261 by the department. 31
276262 32
277263 SECTION 6. Arkansas Code § 17 -86-301(a)(1)-(5), concerning 33
278264 registration and licensures required under the Massage Therapy Act, is 34
279265 amended to read as follows: 35
280- (1) For any person who does not hold a valid massage therapy 36 As Engrossed: H2/24/25 HB1440
266+ (1) For any person who does not hold a valid massage therapy 36 HB1440
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285269 license to use the following titles: massage therapist, massage practitioner, 1
286270 myotherapist, massotherapist, massage technologist, masseur, masseuse, 2
287271 therapy technologist, master massage therapist, massage therapy instructor, 3
288272 or any derivation of those titles or to advertise such titles; 4
289273 (2) For any person who does not hold the applicable massage 5
290274 therapy license issued by the Department of Health to engage professionally 6
291275 for payment, barter, donation, or exchange in the practice or instruction of 7
292276 massage therapy as defined in this chapter; 8
293277 (3) For any person to operate or conduct any massage therapy 9
294278 clinic establishment or massage therapy school which does not conform to the 10
295279 sanitary rules contained in § 17 -86-302, in state law, in local ordinances, 11
296280 or in those rules which may be adopted by the State Board of Health; 12
297281 (4) To employ any person to practice in a massage therapy 13
298282 establishment or instruct under this chapter who does not hold a valid 14
299283 license issued by the department; 15
300284 (5) For any person to operate a massage therapy school or clinic 16
301285 massage therapy establishment without its first being registered under the 17
302286 provisions of this chapter as a licensed massage therapy school or registered 18
303287 clinic registered as a massage therapy establishment ; 19
304288 20
305289 SECTION 7. Arkansas Code § 17 -86-301(c)(1) and (2), concerning 21
306290 registration and licensures required under the Massage Therapy Act, are 22
307291 amended to read as follows: 23
308292 (c)(1) A licensee or registration holder shall notify the department 24
309293 in writing of any change of name, address, phone number, or place of 25
310294 employment. 26
311295 (2) If a name change is requested, a new license or registration 27
312296 shall be issued in the new name at the next renewal date or immediately for a 28
313297 fee not to exceed twenty dollars ($20.00) for printing of a new license. 29
314298 30
315299 SECTION 8. Arkansas Code § 17 -86-302(a), concerning sanitary 31
316300 requirements for massage therapy schools and massage therapy establishments, 32
317301 is amended to read as follows: 33
318302 (a) It shall be unlawful for any person or school to be licensed or 34
319303 any clinic establishment to be operated under the provisions of this chapter 35
320-unless the following requirements are met and practiced: 36 As Engrossed: H2/24/25 HB1440
304+unless the following requirements are met and practiced: 36 HB1440
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325307 (1) A sink for hand washing with hot and cold running water and 1
326308 soap must be accessible; 2
327309 (2) A restroom must be accessible; 3
328310 (3) A towel or sheet that has been used by one (1) client may 4
329311 not be used on another person unless the towel or sheet has been relaundered; 5
330312 (4) Anyone who has any infectious, contagious, or communicable 6
331313 disease which may be spread by airborne, droplet, contact, or indirect 7
332314 methods and who is in contact with the public must not practice until all 8
333315 risk of disease transmission is cleared. Any employee with such a disease 9
334316 must be immediately relieved from duty until all risk of disease transmission 10
335317 is cleared; 11
336318 (5) A school or clinic must be equipped with a massage table or 12
337319 tables or a massage chair or chairs or equipped with such standard equipment 13
338320 dictated by the practice engaged in as defined in § 17 -86-102; and 14
339321 (6) A clinic or school must comply with all requirements of the 15
340322 Department of Health, city ordinances, and state laws. 16
341323 17
342324 SECTION 9. Arkansas Code § 17 -86-307 is amended to read as follows: 18
343325 17-86-307. Massage therapy clinic and spa establishment. 19
344326 (a)(1) A person or entity shall not establish, maintain, or operate a 20
345327 massage therapy clinic or massage therapy spa, or both, until the address and 21
346328 telephone number of the office, clinic, or spa have been supplied in writing 22
347329 to the Department of Health establishment unless the person or entity is 23
348330 registered with the Department of Health . 24
349331 (2) To open a massage therapy establishment, each principal of a 25
350332 massage therapy establishment shall submit to the department the following: 26
351333 (A) A completed registration application as furnished by 27
352334 the department; 28
353335 (B)(i) List of all principals, and each principal’s 29
354336 massage therapy license number, if applicable; 30
355337 (ii) If requested by the department, the applicant 31
356338 or massage therapy establishment registration holder shall provide any 32
357339 requested documentation to support each principal’s interest in the entity; 33
358340 (C) List of all licensed massage therapists performing 34
359341 services in the massage therapy establishment; 35
360- (D) A certificate of good standing from the Secretary of 36 As Engrossed: H2/24/25 HB1440
342+ (D) A certificate of good standing from the Secretary of 36 HB1440
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365345 State, if applicable; and 1
366346 (E) A copy of a business license from city or 2
367347 municipality, if applicable. 3
368348 (3) Each massage therapy establishment registration issued under 4
369349 this chapter shall be valid for two (2) years from the date of issuance. 5
370350 (4) Any massage therapy establishment registered and in good 6
371351 standing with the department on the effective date of this section shall have 7
372352 ninety (90) days to submit all required documentation to the department as 8
373353 provided in this section. 9
374354 (5) The massage therapy establishment registration is not 10
375355 transferable. 11
376356 (b) If a massage therapy clinic, massage therapy spa, or both moves to 12
377357 a new location or changes its phone number, the new address or phone number, 13
378358 or both, shall be submitted immediately to the department in writing before 14
379359 operating the clinic or spa, or both, at the new address If any information 15
380360 or documentation provided by the massage therapy establishment under 16
381361 subsection (a) of this section changes after initial registration, the 17
382362 massage therapy establishment shall update the department within ten (10) 18
383363 business days of the change . 19
384364 (c) The annual inspection fee for each clinic and spa shall not exceed 20
385365 seventy-five dollars ($75.00). 21
386366 22
387367 SECTION 10. Arkansas Code §§ 17 -86-310 and 17-86-311 are amended to 23
388368 read as follows: 24
389369 17-86-310. Display of license or registration. 25
390370 (a)(1) An official massage therapy license shall be conspicuously and 26
391371 publicly displayed in the place where the holder engages in the practice of 27
392372 massage therapy or instruction of massage therapy. 28
393373 (2) A An official massage therapy school license shall be 29
394374 conspicuously displayed in the massage therapy school. 30
395375 (3) An official massage therapy establishment registration shall 31
396376 be conspicuously displayed in the massage therapy establishment. 32
397377 (b) It is unlawful to tamper with or reduce in size an original 33
398378 massage therapy license or registration issued by the Department of Health. 34
399379 (c) Each license or registration shall provide the correct address of 35
400-the department. 36 As Engrossed: H2/24/25 HB1440
380+the department. 36 HB1440
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405383 1
406384 17-86-311. Disciplinary actions and penalties. 2
407385 (a) The Massage Therapy Technical Advisory Committee may deny, 3
408386 suspend, place on probation, or revoke a license or registration upon any one 4
409387 (1) of the following grounds: 5
410388 (1) A felony listed under § 17 -3-102 or the offense of 6
411389 prostitution, either in this state or another state; 7
412390 (2) Malpractice or gross incompetency; 8
413391 (3) The use in advertisements of untruthful or improbable 9
414392 statements or flamboyant, exaggerated, or extravagant claims concerning the 10
415393 licensee's professional excellence or abilities; 11
416394 (4) Habitual drunkenness or habitual use of any illegal drugs; 12
417395 (5) Serving alcoholic beverages at the clinic or school in a 13
418396 room where massage therapy is being performed or in a massage therapy school; 14
419397 (6) Unprofessional conduct; 15
420398 (7) Failure to comply with the Department of Health's Massage 16
421399 Therapy Code of Ethics or any valid rule or order of the department; 17
422400 (8) Invasion of the field of practice of any profession for 18
423401 which a license is required, the diagnosis of ailments, diseases, or injuries 19
424402 of human beings, the performance of osseous adjustments, prescription of 20
425403 medications, or other breaches of the scope of practice of massage therapy; 21
426404 (9) Failure of any licensee or registration holder to comply 22
427405 with this chapter; or 23
428406 (10) Failure to have licensed personnel to perform massage 24
429407 therapy techniques in his or her clinic establishment or school; 25
430- (11) Employing, contracting, or allowing an individual who does 26
431-not hold a current massage therapy license or massage therapy learning permit 27
432-to perform massage therapy techniques in the licensee's massage therapy 28
433-establishment or massage therapy school; or 29
408+ (11) Employing, contracting or allowing unlicensed massage 26
409+therapists, unlicensed massage therapy students, or unlicensed massage 27
410+therapy apprentices to perform massage therapy techniques in his or her 28
411+massage therapy establishment or massage therapy school; or 29
434412 (12) Operating an establishment without a massage therapy 30
435413 establishment registration . 31
436414 (b)(1) The State Board of Health shall establish by rule the penalty 32
437415 system to be imposed under this section. 33
438416 (2) Whenever the committee finds that the holder of a license, 34
439417 certificate of registration, or other permit issued by the department is 35
440-guilty of a violation of the rules of the department or the laws of the state 36 As Engrossed: H2/24/25 HB1440
418+guilty of a violation of the rules of the department or the laws of the state 36 HB1440
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445421 pertaining to any occupation, profession, or business licensed or regulated 1
446422 by the department, the committee may impose a penalty on the licensee , 2
447423 registration holder, or permit holder in lieu of suspension or revocation of 3
448424 license, certificate of registration, or other permit. 4
449425 (3)(A) Upon imposition of a penalty in lieu of suspension or 5
450426 revocation of license, certificate of registration, or other permit, the 6
451427 committee may require that the licensee or permit holder pay a penalty to the 7
452428 department. 8
453429 (B) The license, certificate of registration, or permit 9
454430 shall be suspended until the penalty is paid. 10
455431 (4)(A) The penalty may be imposed in lieu of revocation or 11
456432 suspension of a license, certificate of registration, or other permit only if 12
457433 the committee formally finds that the public health, safety, welfare, and 13
458434 morals would not be impaired and that the payment of the penalty will achieve 14
459435 the desired disciplinary results. 15
460436 (B) The minimum penalty imposed by the committee in lieu 16
461437 of revocation or suspension of a license, certificate, or other permit shall 17
462438 be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars 18
463439 ($1,000) per infraction. 19
464440 (C) The authority of the committee to impose penalties 20
465441 under this section is not affected by any other civil or criminal proceeding 21
466442 concerning the same violation. 22
467443 (D) A person penalized by the committee under this chapter 23
468444 may appeal any order of the committee in the manner currently provided by 24
469445 law. 25
470446 (E) In addition to any other sanctions authorized by this 26
471447 chapter, the committee may impose a civil penalty as provided in this 27
472448 subsection against any unlicensed person, firm, or corporation practicing or 28
473449 offering to practice any actions requiring licensure under this chapter. 29
474450 (c)(1) The massage therapist -patient relationship is founded on mutual 30
475451 trust. Sexual misconduct is prohibited. 31
476452 (2) The committee shall revoke the license of a person who 32
477453 engages in the practice of massage of the breasts unless the massage 33
478454 therapist: 34
479455 (A) Engages in the practice of massage of the breasts for 35
480-therapeutic and medical purposes including without limitation the reduction 36 As Engrossed: H2/24/25 HB1440
456+therapeutic and medical purposes including without limitation the reduction 36 HB1440
481457
482- 13 02-24-2025 10:33:32 JMB297
483-
484-
458+ 13 02/09/2025 9:17:52 PM JMB297
485459 of scar tissue following a surgery on the breast, release of myofascial 1
486460 binding, or improving lymphatic flow; and 2
487461 (B) Has received at least forty -eight (48) hours of 3
488462 continuing education credits in lymphatic massage, myofascial massage, or 4
489463 oncology massage. 5
490464 (3) A suspension revocation of a license or registration under 6
491465 subdivisions (c)(1) and (2) of this section shall be for a period of at least 7
492466 three (3) years and any application for reinstatement of a license shall be 8
493467 reviewed for approval by the Massage Therapy Technical Advisory Committee . 9
494468 (d)(1) Charges may be brought by any person. 10
495469 (2) Any accusation of any of the offenses enumerated in this 11
496470 section may be filed with the committee. The accusations shall be in writing, 12
497471 signed by the accuser, and verified under oath. 13
498472 (e) In denying, suspending, or revoking any license or registration, 14
499473 the committee shall afford any party review as provided for in the Arkansas 15
500474 Administrative Procedure Act, § 25 -15-201 et seq., and as otherwise provided 16
501475 by the rules of the State Board of Health. 17
502476 18
503-/s/Bentley 19
477+ 19
504478 20
505479 21
506-APPROVED: 4/16/25 22
480+ 22
507481 23
508482 24
509483 25
510484 26
511485 27
512486 28
513487 29
514488 30
515489 31
516490 32
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520494 36