J49MNYF-1 05/02/2024 KMS (L) cr 2024-1694 SUB SB137

ROBBINS SUBSTITUTE TO SB137

OFFERED BY REPRESENTATIVE ROBBINS

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A BILL

TO BE ENTITLED

AN ACT

Relating to the Alabama Sunset Law; to terminate the

existence and functioning of the Alabama Board of Massage

Therapy; to create the Alabama Massage Therapy Licensing Board

pursuant to a new Chapter 43A, Title 34, Code of Alabama 1975;

to provide for the membership and organization of the new

board under the initial temporary oversight of the Board of

Nursing; to provide for the transfer of all powers, duties,

rights, records, and property from the former board to the new

board; to temporarily extend the renewal date of certain

licenses and registrations issued by the former board; and to

repeal Chapter 43, Title 34, Code of Alabama 1975, providing

for the Alabama Board of Massage Therapy.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Pursuant to the Alabama Sunset Law, the

Sunset Committee recommends the termination of the Alabama

Board of Massage Therapy, with the additional recommendation

for statutory change as set out in Section 3.

Section 2. (a) The existence and functioning of the

Alabama Board of Massage Therapy, created and functioning

pursuant to Chapter 43 of Title 34, Code of Alabama 1975, is

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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terminated, and those code sections are expressly repealed.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 Section 3.

Additionally, commencing on June 1, 2024, the Executive

Officer of the Board of Nursing shall temporarily assume and

perform all duties, responsibilities and functions of the

position of an executive officer for the Alabama Massage

Therapy Licensing Board, as defined in Section 34-43A-2,

pending the appointment of the 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 to support the Alabama Massage Therapy

Licensing Board, created in Section 3, until those duties,

responsibilities, and functions temporarily assumed by the

Executive Officer of the Board of Nursing pursuant to

subdivision (1) are transferred to the executive director of

the newly reconstituted Alabama Massage Therapy Licensing

Board pursuant to subdivision (3).

(3) All powers, duties, and functions temporarily

assumed and performed by the Board of Nursing pursuant to

subdivision (1), shall be transferred to the Alabama Massage

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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 August 1, 2025, and all

duties and functions temporarily assumed by the Executive

Officer of the Board of Nursing pursuant to subdivision (1).

Section 3. Chapter 43A is added to Title 34 of the Code

of Alabama 1975, to read as follows:

§34-43A-1. Short title.

This chapter shall be known and may be cited as the

Alabama Massage Therapy Licensing Act.

§34-43A-2. Definitions.

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) 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. The national

examination shall be accredited by the National Commission for

Certifying Agencies. The board may also administer a written,

oral, or practical examination.

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oral, or practical examination.

(4) LICENSE. The credential issued by the board which

allows the holder to engage in the safe and ethical practice

of massage therapy.

(5) MASSAGE THERAPIST. An individual licensed pursuant

to this chapter who practices or administers massage therapy

or related touch therapy modalities to a patron for

compensation.

(6) MASSAGE THERAPY ESTABLISHMENT. A site, premises, or

business where massage therapy is practiced by a massage

therapist.

(7) MASSAGE THERAPY INSTRUCTOR. A massage therapist who

is approved by the board to teach the practice of massage

therapy.

(8) 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, for the purpose of therapeutic

massage, and any massage, movement therapy, massage

technology, myotherapy, massotherapy, oriental massage

techniques, structural integration, acupressure, or polarity

therapy.

c. The term massage therapy may include the external

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c. The term massage therapy 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 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

the practice of medicine, chiropractic, physical therapy,

podiatry, nursing, midwifery, occupational therapy,

veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or

naturopathics.

(9) 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.

(10) 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

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for sale, rent, or exhibit, or the exhibit of, items or

services intended to provide sexual stimulation or sexual

gratification to the patron.

(11) STUDENT. Any individual who is enrolled in a

massage therapy school.

§34-43A-3. Regulated activities.

Except as specifically provided by this chapter, no

individual may do any of the following unless licensed

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.

§34-43A-4. Exemptions.

(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) A qualified member of another profession who is

licensed and regulated under state law while in the course of

rendering services within the scope of his or her license,

provided that the individual does not represent himself or

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provided that the individual does not represent himself or

herself as a massage therapist.

(3) An individual providing massages to his or her

immediate family.

(4) An individual offering massage therapy 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) 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) 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) An individual acting under the supervision of a

physician, a physical therapist, or a chiropractor within the

scope of his or her license, provided that the individual does

not represent himself or herself as a massage therapist.

(8) The office of a chiropractor, physician, or

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(8) The office of a chiropractor, physician, or

physical therapist which employs or contracts with a massage

therapist who 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. Alabama Massage Therapy Licensing Board.

(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, 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

the Alabama Massage Therapy Licensing Board. Any reference to

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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 done

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

shall 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

District in the state is appointed to serve at the same time.

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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.

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 lottery. Thereafter, successors shall be

appointed for terms of four years, each term expiring on June

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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, the

board shall elect a chair and a vice chair from its

membership. The board shall hold two biannual meetings for the

purpose of reviewing license applications. 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 in a manner established by the Secretary of

State.

(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) The board may employ, and at its pleasure

discharge, officers and employees as necessary to implement

this chapter. The board shall also outline the duties and fix

the compensation and expense allowances of each employee of

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the compensation and expense allowances of each employee of

the board.

(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, suspend, or revoke 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. Powers and duties of board.

(a) The board shall do all of the following:

(1) Qualify applicants to take the licensing

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(1) Qualify applicants to take the licensing

examination 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 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 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,

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 to all licensees and

applicants for a license.

(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

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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

applying for a license as a massage therapist upon an

affirmative vote of a majority of the board.

(2) By rule, establish criteria for certifying massage

therapy instructors.

(3) 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) Adopt a code of ethics.

(5) Provide for the inspection of the business premises

of any licensee during normal business hours.

(6) Establish a list of approved massage therapy

schools.

§34-43A-7. License required; sexually-oriented

businesses; limitations on advertising or offers of service.

(a) No individual may perform the duties of a massage

therapist 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 all

sections of Article 3 of Chapter 12 of Title 13A.

perform services outside the scope of his or her expertise,

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perform services outside the scope of his or her expertise,

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.

§34-43A-8. Application for license; licensing

requirements.

(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.

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.

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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.

c. In addition to paragraphs a. and b., 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 as

required by the board which spans the lifetime of the

applicant.

(4) Paid all applicable fees.

(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

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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 the board.

notify the applicant that his or her application is pending

and shall also notify the applicant upon the approval or

rejection of his or her application. If an application is

rejected, the board shall notify the applicant of the reasons

for the rejection.

§34-43A-9. Licensing of massage therapy establishments;

initial inspection.

(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

massage therapy establishment or be licensed by the board

pursuant to this chapter.

or employ only licensed massage therapists to perform massage

therapy. Every massage therapist shall be registered with the

board and one of them 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

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license moves the location of the massage therapy

establishment without changing either the name or ownership of

that massage therapy establishment, the board shall 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.

(f)(1) Except as provided in subdivision (2), each

applicant for a 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

license, who is a massage therapist and has completed a

criminal history background check as required by the board

within the preceding two years, is exempt from completing the

criminal history background check required in subdivision (1).

(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.

(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. Application forms; issuance of license;

display of license.

(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

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accompanied by the applicable fee. A recent two-by-two inch

photograph showing a frontal view of the head and shoulders of

the applicant, taken no more than six months earlier, shall be

submitted with each application. All documents shall be

submitted in English.

(b) Each applicant for a license shall complete a

criminal history background check pursuant to rules adopted by

the board. The board may deny the application of any applicant

who refuses to complete the criminal history background check

as required by the board.

sequentially numbered form, to each individual who qualifies

to be a massage therapist and to each qualified applicant for

a massage therapy establishment license. To be qualified for a

license as a massage therapist the applicant shall

successfully pass the applicable examination, pay the

appropriate examination fee, complete a criminal history

background check pursuant to rules adopted by the board, pay

the criminal history background check fee, and pay the license

fee. A license 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) A license is the property of the board and shall be

surrendered upon demand of the board.

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surrendered upon demand of the board.

§34-43A-11. License renewal; reinstatement.

(a) Each license shall be renewed biennially, on or

before the anniversary date, by forwarding to the board a

renewal application accompanied by the renewal fee. Except as

provided in Section 34-43A-5(a)(3), any license not renewed

biennially on or before the anniversary date shall expire.

(b) Each licensee, upon application for renewal of a

license, shall do both of the following:

(1) Submit evidence of satisfactory completion of the

continuing education requirements pursuant to Section

34-43A-19.

(2) Complete a new criminal history background check

pursuant to rules adopted by the board. The board may deny the

application for renewal of any licensee who refuses to

complete a criminal history background check as required by

the board.

issuance. An individual whose license has expired and who has

ceased to practice massage therapy for a period of not longer

than five years may have his or her license reinstated upon

payment of a renewal fee, payment of a reactivation fee,

payment of a late fee, and the submission of a renewal

application and evidence satisfactory to the board that the

applicant has fulfilled continuing education requirements,

completed a criminal history background check, paid the

criminal history background check fee, and passed the

examination.

(d) Subsequent to an official complaint, the board may

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(d) Subsequent to an official complaint, the board may

request a criminal history background check of the licensee

through the district attorney of the circuit in which the

licensee is located.

§34-43A-12. Alabama Massage Therapy Licensing Board

Fund.

(a) The board, by rule, shall assess and collect all of

the following fees not to exceed:

(1) One hundred dollars ($100) for an initial massage

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

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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

completing a criminal history background check. Examination

and license fees may be adjusted by rule of the board.

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 to 41-4-96, inclusive, 41-19-1, and 41-19-12,

and only in amounts as stipulated in the general

appropriations bill or other appropriations bills.

§34-43A-13. Complaints; grounds for suspension,

revocation, etc., of license; penalties; rulemaking authority.

(a) Any individual may file with the board a written

complaint regarding an allegation of impropriety by a massage

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complaint regarding an allegation of impropriety by a massage

therapist, massage therapy establishment, or other individual.

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 statement, in writing, of the reasons

for that decision. If found guilty, the board shall turn all

records relating to the investigation over to local law

enforcement.

(b) If probable cause is found, the board shall

initiate an administrative proceeding. Upon a finding that the

licensee has committed any of the following misconduct, the

board may suspend, revoke, 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 obtained 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 sold or bartered or offered to sell or

barter a license for a massage therapist or a massage therapy

establishment.

(3) The licensee 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.

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the board.

(4) The licensee has been convicted of a felony or of

any crime arising out of or connected with the practice of

massage therapy.

(5) The licensee has violated or aided and abetted in

the violation of this chapter.

(6) The licensee is adjudicated as mentally incompetent

by a court of law.

(7) The licensee uses controlled substances or

habitually and excessively uses alcohol.

(8) The licensee engaged in false, deceptive, or

misleading advertising.

(9) The licensee 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 has knowingly allowed the massage

therapy establishment to be used as an overnight sleeping

accommodation.

(11) The licensee 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 applicant or licensee 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

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therapy, the board may request a criminal history background

check of the licensee. Each applicant shall submit a complete

set of fingerprints and a form, sworn to by the applicant,

providing written consent from the applicant for the release

of criminal history background check information to the board.

(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

criminal history background check report for purposes other

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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.

(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

calendar days after the date the individual discovers this

activity. Upon finding that an individual has violated this

subsection, the board shall alert local law enforcement and

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 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 prostitution or any other type of

sexual offense shall be permanently revoked by the board

according to the Administrative Procedures Act.

(f) The massage therapy establishment license of any

massage therapy establishment wherein an individual has been

convicted of, or entered 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 Procedures Act.

(g)(1) Upon a finding that an individual, who is

governed by this chapter, has performed massage therapy

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governed by this chapter, has performed massage therapy

without having obtained a license, the board may do any of the

following:

a. Impose an administrative fine of not more than ten

thousand dollars ($10,000).

b. Issue a cease and desist order.

c. Petition the circuit court of the county where the

act occurred to enforce the cease and desist order and collect

the assessed fine.

(2) Any individual aggrieved by any adverse action of

the board may appeal the action to the Circuit Court of

Montgomery County.

(h) The board shall present any incident of misconduct

to the local district attorney for review and appropriate

action.

(i) The board may adopt rules to implement and

administer this section.

§34-43A-14. Use of words massage or bodywork or other

advertising descriptions by unlicensed individuals.

An individual 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. 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-15. Criminal penalties.

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§34-43A-15. Criminal penalties.

Any individual who violates this chapter shall be

guilty of a Class C misdemeanor.

§34-43A-16. Injunction; civil penalty.

(a) In addition to the criminal penalty prescribed by

this chapter, the board may seek an injunction against any

individual 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-17. Construction with other regulations.

(a) Except as otherwise provided in subsection (b),

this chapter shall supersede any regulation adopted by a

political subdivision of the state related to the licensing or

regulation of massage therapists and massage therapy

establishments.

(b) This section shall not affect:

(1) Local regulations relating to zoning requirements

or occupational license taxes pertaining to massage therapists

and massage therapy establishments.

(2) Local regulations that do not relate to the

practice of massage therapy by qualified individuals.

jurisdiction, may regulate individuals licensed pursuant to

this chapter. Regulation shall be consistent with this chapter

and shall not supersede this chapter. This section shall not

be construed to prohibit a county or municipality from

regulating individuals not licensed pursuant to this chapter.

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regulating individuals not licensed pursuant to this chapter.

§34-43A-18. Massage therapy schools; instructors.

(a) To be approved by the board, a massage therapy

school shall meet all of the following requirements:

(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 which

includes a minimum number of required hours of instruction in

the subjects required by Section 34-43A-8.

(3) Register annually with the board by submitting a

renewal form, the renewal fee specified in Section 34-43A-12,

and a then current curriculum and list of active massage

therapy instructors teaching at the school.

(b) 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.

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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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.

§34-43A-19. Sunset provision; continuing education.

(a) The board is subject to the Alabama Sunset Law of

1981, and is classified as an enumerated agency pursuant to

Section 41-20-3. The board shall automatically terminate on

October 1, 2025, and every four years thereafter, unless

continued pursuant to the Alabama Sunset Law.

(b) The board shall adopt a program of continuing

education for licensees which shall be a requisite for the

renewal of licenses issued pursuant to this chapter and not

exceed the requirements of a board-approved nationally

recognized board certification organization such as the

National Certification Board for Therapeutic Massage and

Bodywork.

Section 4. The Legislature concurs in the

recommendations of the Sunset Committee as provided in

Sections 1, 2, and 3.

Section 5. This act shall become effective June 1,

2024.

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