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SB112 INTRODUCED
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SB112
SL1ZC75-1
By Senator Elliott
RFD: Healthcare
First Read: 13-Jan-26
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SL1ZC75-1 10/31/2025 ZAK (L)ZAK 2025-2923
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First Read: 13-Jan-26
SYNOPSIS:
Under existing law, termination dates are
established for enumerated state agencies. The agencies
are periodically reviewed by the Alabama Sunset
Committee. After the review process is completed, the
committee prepares its recommendation for the agencies
to the Legislature in the form of sunset bills which
either continue, terminate, or continue with
modification each agency reviewed.
This bill would provide for the continuance of
the Alabama Massage Therapy Licensing Board until
October 1, 2027, with the following changes: To place
the board as a division within the Alabama Department
of Public Health; to require the department to provide
all necessary administrative services for the board; to
authorize the State Health Officer to provide for an
executive director and outside counsel for the board;
and to transfer all property of the board to the
department.
A BILL
TO BE ENTITLED
AN ACT
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Relating to the Alabama Sunset Law; to continue the
existence and functioning of the Alabama Massage Therapy
Licensing Board until October 1, 2027, with certain
modifications; to amend Sections 34-43A-2 and 34-43A-5, as
last amended by Act 2025-395, 2025 Regular Session, Code of
Alabama 1975, to place the board as a division within the
Alabama Department of Public Health; to require the department
to provide all necessary administrative services for the
board; to authorize the State Health Officer to provide for an
executive director and outside counsel for the board; and to
transfer all property of the board to the department.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the Alabama Sunset Law, the
Sunset Committee recommends the continuance of the Alabama
Massage Therapy Licensing Board until October 1, 2027, with
additional recommendation for statutory change as set out in
Section 3.
Section 2. The existence and functioning of the Alabama
Massage Therapy Licensing Board, created and functioning
pursuant to Sections 34-43A-1 to 34-43A-19, inclusive, Code of
Alabama 1975, is continued until October 1 2027, and those
code sections are expressly preserved.
Section 3. Sections 34-43A-2 and 34-43A- 5, as last
amended by Act 2025-395, 2025 Regular Session , Code of Alabama
1975, are amended to read as follows:
"§34-43A-2
For purposes of this chapter, the following terms have
the following meanings:
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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) DEPARTMENT. The Alabama Department of Public
Health.
(3)(4) EMERGENCY ORDER. The immediate suspension of a
license without a hearing when the board determines that
public safety is at immediate risk. An emergency order
requires a licensee to cease practice pending a formal
hearing. The term may also be referred to as the summary
suspension of a license.
(4)(5) EXAMINATION. The National Certification Board
for Therapeutic Massage and Bodywork Examination or the
Federation of State Massage Therapy Board's Massage and
Bodywork Licensing Examination administered by an independent
agency or another nationally or internationally accredited
examination administered by an independent agency approved by
the board, or state examination administered by the board or,
at the discretion of the board, a state examination
administered by the appropriate regulating body for massage
therapy located in another state. The national examination
shall be accredited by the National Commission for Certifying
Agencies. The board may also administer a written, oral, or
practical examination.
(5)(6) EXECUTIVE DIRECTOR. The Executive Director of
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(5)(6) EXECUTIVE DIRECTOR. The Executive Director of
the Alabama Massage Therapy Licensing Board.
(6)(7) LICENSE. The credential issued by the board
which allows the holder to engage in the safe and ethical
practice of massage therapy.
(7)(8) MASSAGE THERAPIST. An individual licensed
pursuant to this chapter who practices or administers massage
therapy or related touch therapy modalities to a client for
compensation.
(8)(9) MASSAGE THERAPY ESTABLISHMENT. A site, premises,
or business licensed by the board where massage therapy is
practiced by a massage therapist.
(9)(10) MASSAGE THERAPY INSTRUCTOR. A massage therapist
who is approved by the board to teach the practice of massage
therapy.
(10)(11) MASSAGE THERAPY or RELATED TOUCH THERAPY
MODALITIES. a. The mobilization of the soft tissue which may
include skin, fascia, tendons, ligaments, and muscles for the
purpose of establishing and maintaining good physical
condition.
b. The term includes effleurage, petrissage,
tapotement, compression, vibration, stretching, heliotherapy,
superficial hot and cold applications, topical applications,
or other therapy that involves movement either by hand,
forearm, elbow, or foot, or use of manual methods or
mechanical or electrical devices or tools that mimic or
enhance the action of human hands for the purpose of
therapeutic massage, and any massage, movement therapy,
massage technology, myotherapy, massotherapy, oriental massage
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massage technology, myotherapy, massotherapy, oriental massage
technique, structural integration, acupressure, or polarity
therapy.
c. The term may include the external application and
use of herbal or chemical preparations and lubricants
including, but not limited to, salts, powders, liquids,
nonprescription creams, mechanical devices such as cups,
T-bars, thumpers, body support systems, heat lamps, hot and
cold packs, salt glow, steam cabinet baths, or hydrotherapy.
d. The term does not include laser therapy, microwave,
injection therapy, manipulation of the joints, or any
diagnosis or treatment of an illness which normally involves
the practice of medicine, chiropractic, physical therapy,
podiatry, nursing, midwifery, occupational therapy,
veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or
naturopathics.
(11)(12) 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.
(12)(13) SEXUALLY-ORIENTED BUSINESS. A sex parlor,
massage parlor, nude studio, modeling studio, love parlor,
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massage parlor, nude studio, modeling studio, love parlor,
adult bookstore, adult movie theater, adult video arcade,
adult motel, or other commercial enterprise which has the
offering for sale, rent, or exhibit, or the exhibit of, items
or services intended to provide sexual stimulation or sexual
gratification to the client.
(13)(14) STUDENT. Any individual who is enrolled in a
massage therapy school."
"§34-43A-5
(a)(1) a. There is created the Alabama Massage Therapy
Licensing Board. Beginning on October 1, 2026, the board is a
division within the Alabama Department of Public Health.
b. The department shall provide all administrative
services necessary for the board to carry out its duties and
powers pursuant to this chapter including:
1. Financial services;
2. Legal services;
3. Dedicated office space;
4. Administrative staff, who are shared with or
dedicated solely to the board, and other personnel as
necessary for the efficient operation of the board;
5. Information technology services, including website
maintenance and dedicated phone lines and email addresses for
board members and staff; and
6. Necessary office furniture and supplies.
c. Any contract or binding agreement for administrative
services executed by the board before June 1, 2026, shall
continue in effect until expiration as provided by its terms.
After expiration, the department shall assume all
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After expiration, the department shall assume all
administrative services provided by paragraph b.
d. On October 1, 2026, all real and personal property
and all other effects of the board shall transfer to the
department.
(2) The purpose of the board is to protect the health,
safety, and welfare of the public by ensuring that massage
therapists, massage therapy schools, massage therapy
establishments, and massage therapy instructors meet
prescribed standards of education, competency, and practice.
To accomplish this mission, the board shall establish
standards to ensure completion of all board functions in a
timely and effective manner and to provide open and immediate
access to all relevant public information. The board shall
communicate its responsibilities and services to the public as
part of its consumer protection duties. The board shall
develop and implement a long range plan to ensure effective
regulation and consumer protection.
(2)(3) 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
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
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chapter. All actions of the former Alabama Board of Massage
Therapy or the executive director of the former board taken
prior to June 1, 2024, are approved, ratified, and confirmed.
(3)(4) 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.
(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.
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
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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) Each board member shall be selected upon personal
merit and qualifications, not per membership or affiliation
with an association. Each board member shall be a citizen of
the United States and a resident of this state for two years
immediately preceding appointment. No member of the board
shall serve more than two full consecutive terms.
(c) Of the initial nine appointees to the board, three
members shall be appointed for terms of two years, three
members shall be appointed for terms of three years, and three
members shall be appointed for terms of four years as
determined by lot. Thereafter, successors shall be appointed
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 November, the
board shall elect a chair and a vice chair from its
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board shall elect a chair and a vice chair from its
membership. The board shall hold no less than two meetings per
year. The board may hold additional meetings at the discretion
of the chair and four members of the board. A quorum of the
board shall be a majority of the current appointed board
members. Upon the written request of any individual, submitted
to the board at least 24 hours in advance of a scheduled
meeting, the meeting shall be recorded electronically, and a
copy of the recording shall be made available, upon request,
for 30 calendar days following the date of the recording.
(f) Board members shall not receive compensation for
their services, but shall receive the same per diem and
allowance as provided to state employees for each day the
board meets and conducts business.
(g)(1) Commencing on September 30 October 1 , 2026, the
board may State Health Officer, upon the recommendation of the
board, may employ an individual to serve as the executive
director of the board using funds appropriated for use by the
board employ, and at its pleasure discharge, an executive
director in the unclassified service, officers, and employees
subject to the state Merit System as necessary to implement
this chapter .
(2) When necessary, the board department may retain
outside counsel who satisfies the qualifications required of a
deputy attorney general , using funds appropriated for use by
the board, on behalf of the board .
(h) An affirmative vote of a majority of the members of
the board shall be required to deny, suspend, revoke, probate,
reprimand, or otherwise discipline a licensee holding a
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reprimand, or otherwise discipline a licensee holding a
license to practice massage therapy or a license to operate a
massage therapy establishment.
(i) The board shall be financed only from income
accruing to the board from fees, licenses, other charges and
funds collected by the board, and any monies that are
appropriated to the board by the Legislature.
(j) A board member may be removed at the request of the
board for misfeasance, malfeasance, neglect of duty,
commission of a felony, incompetence, permanent inability to
perform official duties, or failing to attend two consecutive
properly noticed meetings within a one-year period.
(k) Members of the board are immune from liability for
all good faith acts performed in the execution of their duties
as members of the board.
(l) Appointees to the board shall take the
constitutional oath of office and shall file the oath in the
office of the Governor before undertaking any duties as a
board member."
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,
2026.
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