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SB136 ENROLLED
Page 0
SB136
EJTK392-3
By Senator Elliott
RFD: Fiscal Responsibility and Economic Development
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
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, 34-43A-4, 34-43A-5,
34-43A-6, 34-43A-7, 34-43A-8, 34-43A-9, and 34-43A-10, as last
amended by Act 2025-395, 2025 Regular Session, Section
34-43A-11, Sections 34-43A-12, 34-43A-13, 34-43A-14,
34-43A-16, 34-43A-18, as last amended by Act 2025-395, 2025
Regular Session, and Section 34-43A-19, Code of Alabama 1975,,
to rename the board as the Alabama Massage Therapy Advisory
Council; to provide the Alabama Department of Public Health
with regulatory authority over massage therapists, massage
therapy establishments, and massage therapy schools; to
require the council to advise the department on matters
relating to massage therapy; to provide for the duties and
powers of the department, the State Health Officer, and the
State Committee of Public Health; and to transfer all property
of the council 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, 2026, with
additional recommendation for statutory change as set out in
Section 3.
Section 2. The existence and functioning of the Alabama
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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 2026, and those
code sections are expressly preserved.
Section 3. Sections 34-43A-2, 34-43A-4, 34-43A-5,
34-43A-6, 34-43A-7, 34-43A-8, 34-43A-9, and 34-43A-10, as last
amended by Act 2025-395, 2025 Regular Session, Section
34-43A-11, Sections 34-43A-12, 34-43A-13, 34-43A-14,
34-43A-16, 34-43A-18, as last amended by Act 2025-395, 2025
Regular Session, and Section 34-43A-19, 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:
(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 ADVISORY COUNCIL . The Alabama Massage Therapy
Licensing Board Advisory Council created by this chapter.
(3) COMMITTEE. The State Committee of Public Health.
(4) DEPARTMENT. The Alabama Department of Public
Health.
(3)(5) EMERGENCY ORDER. The immediate suspension of a
license without a hearing when the board department 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
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hearing. The term may also be referred to as the summary
suspension of a license.
(4)(6) 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 department , or state examination administered by the
board department or, at the discretion of the board
department , 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
department may also administer a written, oral, or practical
examination.
(5) EXECUTIVE DIRECTOR. The Executive Director of the
Alabama Massage Therapy Licensing Board .
(6)(7) LICENSE. The credential issued by the board
department 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 department where massage
therapy is practiced by a massage therapist.
(9)(10) MASSAGE THERAPY INSTRUCTOR. A massage therapist
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(9)(10) MASSAGE THERAPY INSTRUCTOR. A massage therapist
who is approved by the board department 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
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,
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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 department where massage therapy is taught and which
is one of the following:
a. If located in Alabama, approved by the board
department as meeting the minimum established standards of
training and curriculum as determined by the board department .
b. If located outside of Alabama, recognized by the
board and department, by a regionally recognized professional
accrediting body , or another state's licensing authority .
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,
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.
(14) STATE HEALTH OFFICER. The executive officer of the
Alabama Department of Public Health.
(13)(15) STUDENT. Any individual who is enrolled in a
massage therapy school."
"§34-43A-4
(a) The following individuals, offices, and
establishments are exempt from this chapter:
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establishments are exempt from this chapter:
(1) A student who is rendering massage therapy services
under the supervision of a massage therapy instructor. A
student shall be designated by title clearly indicating his or
her training status.
(2) An individual practicing massage therapy pursuant
to a temporary permit issued by the board department .
(3) A qualified member of another profession who is
licensed and regulated under state law rendering services that
are within the scope of his or her license, provided that the
individual does not represent himself or herself as a massage
therapist.
(4) An individual providing massages to his or her
immediate family.
(5) 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 department . 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
department .
(6) 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
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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 department .
(7) A Native American healer using traditional healing
practices. A Native American healer who applies to the board
department for a massage therapist license shall comply with
all licensing requirements.
(8) An individual acting under the supervision of and
pursuant to delegation from a physician, a physical therapist,
or a chiropractor for whom the delegated acts are within the
scope of the license of the physician, physical therapist, or
chiropractor, provided that the individual does not represent
himself or herself as a massage therapist.
(9) The office of a chiropractor, physician, or
physical therapist which employs or contracts with a massage
therapist to provide massage therapy at the physical location
of the office 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
(a)(1) There is created the Alabama Massage Therapy
Licensing Board. Commencing on October 1, 2026, the board is
renamed the Alabama Massage Therapy Advisory Council. The
purpose of the board advisory council is to protect advise the
department on all matters pertaining to the protection of the
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department on all matters pertaining to the protection of the
health, safety, and welfare of the public by ensuring that
relating to 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 .
All members serving on the Alabama Massage Therapy Licensing
Board on October 1, 2026, shall continue to serve as members
of the Alabama Massage Therapy Advisory Council until the
expiration of their terms.
(2) All On October 1, 2026, 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 transfer to the department . 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 Advisory Council as created in
this chapter. All actions of the former Alabama Board of
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this 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 October 1, 2026 , 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 October 1, 2026 ,
shall continue under the jurisdiction of the Alabama Massage
Therapy Licensing Board department .
(b)(1) The board advisory council 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 advisory council 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
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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 advisory council membership is inclusive and reflects
the racial, gender, geographic, urban, rural, and economic
diversity of the state.
(3) Each board advisory council member shall be
selected upon personal merit and qualifications, not per
membership or affiliation with an association. Each board
advisory council 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 advisory council
shall serve more than two full consecutive terms.
(c) Of the initial nine appointees to the board
advisory council , 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 advisory council 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 advisory council shall serve until his or her
successor has been duly appointed and qualified.
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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 Annually, in the month of
November, the board advisory council 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 advisory council, or at the discretion of the
department . A quorum of the board advisory council shall be a
majority of the current appointed board advisory council
members. Upon the written request of any individual, submitted
to the board advisory council 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 Advisory council 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 advisory council meets and conducts business.
(g)(1) Commencing on September 30, 2026, the board may
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 may retain outside
counsel who satisfies the qualifications required of a deputy
attorney general.
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attorney general.
(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
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 (g) An advisory council member may be
removed at the request of the board department for
misfeasance, malfeasance, neglect of duty, commission of a
felony, incompetence, or permanent inability to perform
official duties , or failing to attend two consecutive properly
noticed meetings within a one-year period .
(k)(h) 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 The members, officers,
executive director, employees, and representatives of the
advisory council shall be immune from suit and liability, both
personally and in their official capacity, for any claim for
damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or
alleged act, error, or omission that occurred, or that the
individual against whom the claim is made had a reasonable
basis for believing occurred within the scope of advisory
council employment, duties, or responsibilities. Nothing in
this subsection shall be construed to protect any individual
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this subsection shall be construed to protect any individual
from suit or liability for any damage, loss, injury, or
liability caused by the intentional, willful, or wanton
misconduct of that individual. The procurement of insurance of
any type by the advisory council does not in any way
compromise or limit the immunity granted by this subsection .
(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. "
"§34-43A-6
(a) The board department shall do all of the following:
(1) Establish qualifications for licensing and issue
licenses to successful applicants.
(2) Adopt a seal and affix the seal to all licenses
issued by the board department .
(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
license numbers 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 or
entity who is suspected of violating this chapter.
(6) Adopt and revise rules as necessary to implement
this chapter pursuant to the Administrative Procedure Act.
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this chapter pursuant to the Administrative Procedure Act.
(7) Provide a copy of this chapter, upon request, to
any licensee or applicant for a license.
(8)(6) 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
provided to the board department upon request.
(9)(7) Perform other functions necessary and proper for
the performance of official duties.
(b) The board department may do any of the following:
(1) Adopt and from time to time revise rules, not
inconsistent with law, as may be necessary to implement this
chapter.
(2)(1) Examine, license, and renew the licenses of
qualified applicants applying for a license as a massage
therapist, massage therapy establishment, or massage therapy
instructor.
(3)(2) Conduct investigations, hearings, and
proceedings concerning alleged violations of this chapter or
rules adopted pursuant to this chapter.
(4)(3) Issue subpoenas, compel the attendance of
witnesses, and administer oaths to individuals giving
testimony at hearings.
(5) Pursue the (4) Refer individuals to law enforcement
for prosecution of any individual who violates violations of
this chapter and incur necessary related expenses .
(6)(5) Keep a public record of all proceedings.
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(6)(5) Keep a public record of all proceedings.
(7)(6) Prescribe standards and approve curricula for
educational programs that prepare individuals for licensing
under this chapter.
(8)(7) Provide for surveys and evaluations of
educational programs as the board department determines
necessary.
(9)(8) By rule, establish criteria for certifying
massage therapy instructors.
(10)(9) Adopt an annual budget and authorize necessary
expenditures from fees and other available appropriations.
(11)(10) Adopt a code of ethics for massage therapists,
massage therapy instructors, and massage therapy
establishments.
(12)(11) Provide for the inspection of the business
premises of any licensee, applicant, or individual or entity
advertising, offering to perform, or performing massage
therapy in the state during normal business hours.
(13)(12) Establish standards for approved massage
therapy schools and a list of approved massage therapy
schools.
(c) The committee shall adopt and revise rules pursuant
to the Administrative Procedure Act as necessary for the
department to implement this chapter. All administrative rules
of the former Alabama Massage Therapy Licensing Board existing
on October 1, 2026, which reference Chapter 43A, unless in
conflict with existing law, shall remain in effect as rules of
the Alabama Massage Therapy Advisory Council until amended or
repealed by the committee. "
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repealed by the committee. "
"§34-43A-7
(a) No individual may perform the duties of a massage
therapist in this state unless he or she holds a valid license
issued by the board department .
(b) A massage therapist may not perform massage therapy
for a sexually-oriented business, and shall be subject to
Article 3 of Chapter 12 of Title 13A.
(c) A massage therapist may not advertise or offer to
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.
(e) Unless exempt pursuant to Section 34-43A-4, a
massage therapist may only perform massage therapy services at
or through a licensed massage therapy establishment. If a
massage therapist is performing outcall massage therapy
services, those services shall be provided through a licensed
massage therapy establishment."
"§34-43A-8
(a) An individual desiring to be licensed as a massage
therapist shall apply to the board department on forms
provided by the board department . Unless licensed pursuant to
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provided by the board department . Unless licensed pursuant to
subsection (b), an applicant for a license shall submit
evidence satisfactory to the board department that he or she
has met all of the following requirements:
(1) Successfully completed a course of instruction in
massage therapy which meets the minimum criteria established
by board committee rule for course content and hours of
instruction. 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
committee . The board committee may approve other state exams
on a case-by-case basis.
(3) Completed a criminal history background check
pursuant to Section 34-43A-13(c). The board department may
deny or discipline an applicant who has been convicted of a
felony or of any crime arising out of or connected with the
practice of massage therapy.
(4) Paid all applicable fees.
(5) Additional requirements as provided by rule.
(b) Notwithstanding the requirements listed in
subdivisions (a)(1) and (a)(2), the board department 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 at the
discretion of the board .
(c) Upon receipt of an application, the board
department shall notify the applicant that his or her
application is complete and shall also notify the applicant
upon the approval of his or her application. An application is
not complete until all components of the application have been
received and all criminal history information has been
delivered to the board department . If an application is
proposed to be rejected, the applicant shall be entitled to a
hearing on his or her application."
"§34-43A-9
(a) No massage therapy establishment shall operate in
this state without a license issued by the board department .
(b) A sexually-oriented business may not operate as a
massage therapy establishment or be licensed by the board
department pursuant to this chapter.
(c) A massage therapy establishment shall contract with
or employ only licensed massage therapists to perform massage
therapy. Each establishment shall notify the board department
of every massage therapist who performs massage therapy at or
through the massage therapy establishment, and one of those
massage therapists 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
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(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
establishment without changing either the name or ownership of
that massage therapy establishment, the board department may
waive the new establishment license fee, if documentation set
by rule of the board committee is approved. This subsection
shall not change the expiration date of a massage therapy
establishment license. The new location is subject to an
inspection before any massage therapy services are performed
at the new location.
(f)(1) Except as provided in subdivision (2), each
applicant for an initial massage therapy establishment license
shall complete a criminal history background check pursuant to
rules adopted by the board committee .
(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
department within the preceding two years shall be exempt from
completing the criminal history background check required in
subdivision (1).
(3) An applicant for a massage therapy establishment
license shall be the owner, lessee, or legal possessor of the
physical establishment.
(g) The physical location of a proposed massage therapy
establishment shall be subject to an initial inspection by the
board department before a massage therapy establishment
license is granted to the applicant. A massage therapy
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license is granted to the applicant. A massage therapy
establishment that provides only outcall massage therapy
services must designate a physical location at which records
and equipment are available for inspection."
"§34-43A-10
(a) Applications for licensing and renewal of a license
shall be on forms provided by the board department and shall
be accompanied by the applicable fee. All documents shall be
submitted in English.
(b) The board department may deny the application of
any applicant who refuses to complete a criminal history
background check as required by the board department and
provided in Section 34-43A-13(c).
(c) The board department shall issue a license to each
individual who qualifies to be a massage therapist and to each
qualified applicant for a massage therapy establishment
license. A license issued by the board department 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 department . 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) The board department may inspect provide for the
inspection of establishments at any time during normal
business hours to ensure compliance with state law and board
committee rules.
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committee rules.
(f) A license is the property of the board department
and shall be surrendered upon demand of the board department ."
"§34-43A-11
(a) With the exception of massage therapy schools,
which register annually, each license shall be renewed
biennially, on or before the anniversary date, by forwarding
to the board department 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 committee . 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 department .
(c) Licenses are valid for two years from the date of
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 reactivation fee, the submission of a renewal
application, and evidence satisfactory to the board department
that the applicant has fulfilled continuing education
requirements, completed a criminal history background check as
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requirements, completed a criminal history background check as
provided in Section 34-43A-13(c), paid the criminal history
background check fee, and passed the examination.
"§34-43A-12
(a) The board committee , by rule, may establish and
collect reasonable fees.
(b) Commencing on June 1, 2024 October 1, 2026 , the
name of the 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 Advisory Council Fund. All receipts collected
by the board department under this chapter shall be deposited
in this fund and used only by the department to carry out this
chapter. Receipts shall be disbursed only by warrant of the
Comptroller. No funds shall be withdrawn except as budgeted
and allotted according to Article 4 of Chapter 4 of Title 41
and Chapter 19 of Title 41, and only in amounts as stipulated
in the general appropriations bill or other appropriations
bills."
"§34-43A-13
(a) Any individual may file with the board department a
written complaint regarding an allegation of impropriety by a
massage therapist, massage therapy establishment, or other
individual or entity. Complaints shall be made in the manner
prescribed by the board department .
(b) The executive director department shall provide for
an investigation of the complaint and, if probable cause is
found, may initiate an administrative proceeding. Upon a
finding that the licensee or applicant for licensing has
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finding that the licensee or applicant for licensing has
committed any of the following misconduct, the board
department may suspend, revoke, probate, reprimand, otherwise
discipline, 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) Obtained or attempted to obtain a license 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 department for licensing.
(2) Sold or bartered, or offered to sell or barter, a
license for a massage therapist or a massage therapy
establishment.
(3) 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
committee .
(4) Has been convicted of a felony or of any crime
arising out of or connected with the practice of massage
therapy.
(5) Has violated or aided and abetted in the violation
of this chapter.
(6) Is adjudicated as mentally incompetent by a court
of law.
(7) Uses controlled substances or habitually and
excessively uses alcohol.
(8) Engaged in false, deceptive, or misleading
advertising.
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advertising.
(9) 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) Has knowingly allowed the massage therapy
establishment to be used as an overnight sleeping
accommodation.
(11) 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) 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 to practice massage therapy, the board department may
request a criminal history background check of the licensee or
applicant for licensing pursuant to a schedule created by rule
of the board committee . The applicant or licensee shall submit
a full set of fingerprints to the board department for the
purpose of obtaining a state and national criminal history
background check.
(2) Fingerprints obtained pursuant to subdivision (1)
may be exchanged by the board department , the Alabama State
Law Enforcement Agency, or any successor entity thereof, or
any channeler approved by the board department , with the
Federal Bureau of Investigation for the purpose of obtaining a
state and national criminal history background check.
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state and national criminal history background check.
(3) The applicant or licensee shall be responsible for
all costs associated with the submission of his or her
fingerprints and obtaining a state and national criminal
history background check. The board department may incorporate
those costs into the cost of licensing or may charge the
applicant or licensee a separate fee, which may be payable to
the board department , the Alabama State Law Enforcement
Agency, or any successor entity thereof, or the approved
channeler, as appropriate.
(4) Information received by the board department
pursuant to a state and national criminal history background
check shall be confidential and shall not be a public record,
except that any information received by and relied upon by the
board department in denying the issuance of a license or
revoking, suspending, or otherwise disciplining a license or
licensee may be disclosed as necessary to support the denial
or revocation, suspension, or other disciplinary action.
(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 by not informing the board as required, the board
may do any of the following:
(1) 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.
(2) Suspend, probate, reprimand, otherwise discipline,
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(2) Suspend, probate, reprimand, otherwise discipline,
or revoke the individual's license to practice massage
therapy.
(e)(d) The license of any individual who has been
convicted of, or has entered a plea of nolo contendere to, a
crime or offense involving human trafficking, prostitution, or
any other type of sexual offense shall be permanently revoked
by the board department according to the Administrative
Procedure Act.
(f)(e) The massage therapy establishment license of any
massage therapy establishment wherein an individual engages in
conduct which leads to a conviction of or entry of a plea of
nolo contendere to, an offense involving prostitution or any
other type of sexual offense against a client, or which the
board department determines is a sexually-oriented business,
shall be permanently revoked by the board department according
to the Administrative Procedure Act.
(g)(f) Upon a finding that an individual or entity who
is governed by this chapter has performed massage therapy or
operated a massage therapy establishment without having
obtained a license, the board department may do any of the
following:
(1) Impose an administrative fine of not more than ten
thousand dollars ($10,000).
(2) Issue a cease and desist order.
(3) Petition the circuit court of the county where the
act occurred to enforce the cease and desist order and collect
the assessed fine.
(h)(g)(1) The executive director State Health Officer
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(h)(g)(1) The executive director State Health Officer
may issue an emergency order suspending the operation of a
massage therapy establishment without a prior hearing when
public safety is at immediate risk. Public safety shall be
considered at immediate risk in any of the following
circumstances:
a. A law enforcement agency notifies the board
department that the law enforcement agency is investigating a
massage therapy establishment for an offense under Section
13A-6-152, this chapter, or rules adopted by the board
committee pursuant to this chapter.
b. The massage therapy establishment is operating
without a valid license issued by the board department .
c. The board department has reasonable cause to believe
that a massage therapy establishment is violating this chapter
or a rule adopted by the board committee pursuant to this
chapter, and, upon physical inspection by the board, one or
more violations are confirmed.
d. Upon physical inspection of a massage therapy
establishment by the board department , one or more violations
of this chapter or a rule adopted by the board committee
pursuant to this chapter are confirmed.
e. Other circumstances as determined by the board
department .
(2) Upon determining that an individual or entity
governed by this chapter has performed massage therapy or
operated a massage therapy establishment without a valid
license as provided in subsection (g), the executive director
of the board State Health Officer may issue an emergency
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of the board State Health Officer may issue an emergency
order. If the executive director department believes a massage
therapy establishment is in violation of a local, municipal,
or other applicable law, the executive director department
shall notify local law enforcement of the possible violations.
An emergency order shall identify the massage therapy
establishment by its business name and state that the massage
therapy establishment is closed by order of the board State
Health Officer pursuant to this chapter and rules adopted by
the board committee pursuant to this chapter.
(3) A massage therapy establishment shall remain closed
to the public until it is in compliance with this chapter and
rules adopted by the board committee pursuant to this chapter.
The board department shall provide the massage therapy
establishment with a written summary of the findings of any
inspection resulting in the emergency order and shall describe
the compliance measures necessary to remedy those findings.
Within three business days after receipt of the findings by
the massage therapy establishment, the board department shall
issue to the massage therapy establishment, in writing, a
complaint resulting in the emergency order suspending the
operation of the massage therapy establishment, which
describes the compliance measures which must be taken for the
emergency order to be rescinded.
(4) An emergency order suspending the operations of a
massage therapy establishment shall be printed on 8 1/2 x 11
inch paper and conspicuously taped to the front door of the
massage therapy establishment.
(5) A massage therapy establishment may not remove the
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(5) A massage therapy establishment may not remove the
posted emergency order or reopen for business until the board
department determines, after a physical inspection, that the
massage therapy establishment is in compliance with this
chapter and rules adopted by the board committee pursuant to
this chapter.
(6) A massage therapy establishment that reopens to the
public while operations are suspended shall be fined one
thousand dollars ($1,000) per day for each day in violation.
(7) If the board department is required to enforce the
emergency order in circuit court for continued violations of
this chapter or rules adopted by the board committee pursuant
to this chapter, the court may triple any applicable fines and
order the massage therapy establishment to reimburse the board
department for all legal fees and administrative costs
incurred by the board department in enforcing the violation.
(8) Within 30 days after the issuance of an emergency
order suspending operations of a massage therapy
establishment, the massage therapy establishment may request,
in writing, a formal hearing before the board department .
(i)(h) Any individual or entity aggrieved by any
adverse action of the board department may appeal the action
to the Circuit Court of Montgomery County.
(j)(i) The board department shall present any incident
deemed serious misconduct by the board to the local district
attorney for review and appropriate legal action.
(k)(j) The board committee may adopt rules to implement
and administer this section."
"§34-43A-14
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"§34-43A-14
(a) An individual or entity 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.
(b) 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-16
(a) In addition to the criminal penalty prescribed by
this chapter, the board department may seek an injunction
against any individual, entity, or establishment in violation
of this chapter.
(b) In an action for an injunction, the board
department may demand and recover a civil penalty of fifty
dollars ($50) per day for each violation, reasonable attorney
fees, and court costs."
"§34-43A-18
(a) To be approved by the board department , a massage
therapy school shall comply with all standards for approval
established by board committee rule. The applicant shall also
do all of the following:
(1) Submit to the board department a completed
application prescribed by the board department and the
registration fee.
(2) Register every two years with the board department
by submitting a renewal form, the renewal fee, and a current
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by submitting a renewal form, the renewal fee, and a current
curriculum and list of active massage therapy instructors
teaching at the school.
(3) Commencing on October 1, 2025, submit proof to the
board of registration as an assigned school through the
National Certification Board for Therapeutic Massage and
Bodywork (NCBTMB).
(4)(3) Satisfy other standards as the board committee
may impose by rule.
(b) Except as provided in Section 34-43A-4(a)(5), 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 department 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.
(c) An applicant for registration as a massage therapy
instructor shall satisfy all of the following requirements:
(1) Be currently licensed as a massage therapist in
this state.
(2) Submit to the board department a completed
application as prescribed by the board department and the
application fee.
(3) Submit documentation of three years of experience
in the practice of massage therapy. The documentation may be
considered by the board department on a case-by-case basis."
"§34-43A-19
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"§34-43A-19
(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, 2026, and every four years thereafter, unless
continued pursuant to the Alabama Sunset Law.
(b) The board department 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 October 1,
2026.
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2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB136
Senate 27-Jan-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 19-Feb-26
By: Senator Elliott
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