HB 192 — Relating to the Alabama Sunset Law; to continue the existence and functioning of the Alabama Board of Massage Therapy until October 1, 2024, with certain modifications: To amend Sections 34-43-6, 34-43-9, 34-43-11, 34-43-14, 34-43-15, 34-43-20, and 34-43-21, Code of Alabama 1975, as amended by Act 2022-408, 2022 Regular Session; to require representation on the board from each Congressional District; to require meetings to be recorded, upon request; to require the publication of proposed rules and related proceedings on the board website; and to cap certain fees charged by the board.

Proposed rules, and a schedule of proceedings relating to their adoption, shall be conspicuously posted and routinely updated on the website of the board.

(i) The board may employ, and at its pleasure discharge, an executive secretary and other officers and employees which may be necessary, including an attorney, to implement this chapter.

The board shall also outline the duties and fix the compensation and expense allowances of the employees.

(j) An affirmative vote of a majority of the members of the board shall be required to grant, suspend, or revoke a Page 4 HB192 Enrolled license to practice massage therapy or a license to operate a massage therapy establishment.

The board may grant authority to the executive director to approve licenses.

(k) The board shall be financed only from income accruing to it the board from fees, licenses, other charges and funds collected by it the board, and any monies that are appropriated to it the board by the Legislature.

(l) Each board member shall be accountable to the Governor for the proper performance of his or her duties as a member of the board.

The board shall report to the Governor annually and at other times as requested by the Governor.

The Governor shall investigate any complaints or unfavorable reports concerning the actions of the board and take appropriate action thereon, including removal of any board member for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, or permanent inability to perform official duties.

A board member may be removed at the request of the board after failing to attend two consecutive properly noticed meetings.

(m) 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.

(n) Appointees to the board shall take the constitutional oath of office and file it 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." "§34-43-9 Page 5 HB192 Enrolled (a) A person 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), applicants for licensure shall submit evidence satisfactory to the board that they have met each of the following requirements:

(1) Satisfactorily completed a minimum of 650 hours of instruction.

By rule of the board, the minimum 650 hours shall consist of the following:

100 hours of anatomy and physiology to include 35 hours of myology, 15 hours of osteology, 10 hours of circulatory system, and 10 hours of nervous system, with the remaining 30 hours to address other body systems at the discretion of the school;

250 hours of basic massage therapy, the contradistinctions of massage therapy, and related touch therapy modalities, to include a minimum of 50 hours of supervised massage;

50 hours to include business, hydrotherapy, first aid, cardiopulmonary resuscitation, and professional ethics;

and 250 hours of electives to be determined by the school.

The board may adopt a rule to further increase the minimum number of hours of instruction required for licensure, not to exceed the number of hours recommended by the National Certification Board for Therapeutic Massage and Bodywork.

Before performing therapeutic massage on an animal, a massage therapist shall graduate from a nationally approved program and complete at least 100 hours of postgraduate training and education in animal anatomy, pathology, and physiology for the type of animal upon which the massage therapist wishes to perform therapeutic massage.

Page 6 HB192 Enrolled (2) Successfully passed a national standardized examination approved by the board.

(3) Completed a criminal history check.

(4) Paid all applicable fees.

(b) Notwithstanding the requirements in subdivisions (1) and (2) of subsection (a), the board may license an applicant if the applicant is licensed or registered in another state, which, in the opinion of the board, has standards of practice or licensure that are equal to or stricter than the requirements imposed by this chapter at the time of licensure in that state.

(c) Notwithstanding any other provision of this section to the contrary, each applicant for licensure shall be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(d) The board may shall notify each applicant that his or her application has been received and is pending and shall also notify each applicant of the acceptance or rejection of his or her application.

If the application is rejected, the board shall list the reasons for rejection." "§34-43-11 (a) Establishments shall be licensed by the board.

A sexually oriented business may not be licensed as an establishment and shall not operate as an establishment licensed pursuant to this chapter.

(b) Establishments shall contract with or employ only Page 7 HB192 Enrolled licensed massage therapists to perform massage therapy.

(c) Each establishment shall contract with or employ at least one licensed massage therapist who is registered with the board as the individual designated to ensure the establishment follows state law and administrative rules.

(d) An establishment license issued pursuant to this chapter is not assignable or transferable.

The board, by rule, shall provide for the waiver of a new establishment license fee under circumstances where a licensee is moving locations and there is no change in the name or ownership of the establishment.

(e) Each unlicensed massage therapist applying for an establishment license shall be subject to a criminal history check.

No licensed massage therapist shall be subject to an additional criminal history check when applying for an establishment license.

(f) An establishment owned by an individual who is not a resident of this state shall be subject to an initial inspection before licensure.

The amount of the initial inspection fee shall be determined by rule of the board." "§34-43-14 (a) By rule, the board shall assess and collect the following fees not to exceed:

(1) Two hundred fifty dollars ($250) One hundred dollars ($100) for the initial massage therapist license.

(2) Three hundred dollars ($300) One hundred dollars ($100) for all biennial license renewals postmarked or received at the office of the board by the date in on which Page 8 HB192 Enrolled the license expires.

(3) Three hundred dollars ($300) One hundred dollars ($100) for the initial, and fifty dollars ($50) for any renewal of, an establishment license.

(4) Five hundred dollars ($500) One hundred fifty dollars ($150) for the initial registration, and any renewal registration, as a massage therapy school in this state.

(5) Two hundred fifty dollars ($250) One hundred dollars ($100) to register and renew registration as a massage therapy instructor in this state.

(6) One hundred fifty dollars ($150) Seventy-five dollars ($75) to reactivate an expired license.

(7) One hundred dollars ($100) Twenty-five dollars ($25) shall be added to all license fees not post-marked or received by the board before the expiration date of the license.

(8) Twenty-five dollars ($25) to verify a license.

(9) Twenty-five dollars ($25)(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 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 the an original certificate was lost, stolen, or destroyed.

The records of the board shall reflect that a duplicate certificate was issued.

(10) A fee, set by the board, for the criminal history check.

Page 9 HB192 Enrolled (11) A fee, set by the board, for an establishment inspection.

(b) Necessary administrative fees may be charged by the board, including, but not limited to, reasonable costs for copying, labels, and lists.

Examination and license fees may be adjusted as by rule of the board shall deem appropriate.

(c) There is hereby established a separate special revenue trust fund in the State Treasury to be known as the Alabama Board of Massage Therapy Fund.

All receipts collected by the board under this chapter are to shall be deposited in this fund and used only to carry out this chapter.

Such receipts Receipts shall be disbursed only by warrant of the state Comptroller, upon itemized vouchers approved by the chair of the board;

provided that no.

No funds shall be withdrawn except as budgeted and allotted according to the provisions of Sections 41-4-80 to 41-4-96, inclusive, 41-19-1, and 41-19-12, as amended, and only in amounts as stipulated in the general appropriations bill or other appropriations bills." "§34-43-15 (a) Any person may file with the board a written complaint regarding an allegation of impropriety by a licensee, establishment, or person.

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 Executive Director, the board attorney, and the board investigator.

If no probable cause is found, the investigative committee may Page 10 HB192 Enrolled dismiss the charges and prepare a statement, in writing, of the reasons for the decision.

(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 instances of 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, or concealment of material facts, including making a false statement on an application or any other document required by the board for licensure.

(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.

As used in this subdivision, unprofessional conduct includes, but is not limited to, allowing any individual to remain in a massage therapy establishment overnight.

(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 Page 11 HB192 Enrolled 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.

(c)(1) A person governed by this chapter who has a reasonable belief that another massage therapist has engaged in or attempted to or offered to engage a client in sexual activity, as provided in subdivision (9) of subsection (b)(9), shall inform the board in writing within 30 calendar days from the date the person discovers this activity.

Upon finding that a person 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 twenty-five thousand dollars ($25,000) ten thousand dollars ($10,000) according to a disciplinary infraction fine schedule adopted by rule of the board.

b.

Suspend or revoke the person's license to practice Page 12 HB192 Enrolled massage therapy.

(2) Upon a finding that a person has violated this subsection three or more times, the board shall impose a mandatory license suspension for a period of no less than three years and a fine of twenty-five thousand dollars ($25,000) ten thousand dollars ($10,000).

(d) Any person who has been convicted of, or entered a plea of nolo contendere to, a crime or offense involving prostitution or other sexual offenses offense is ineligible to hold a license as a massage therapist for a period of at least three years after the entry of the conviction or plea.

The board retains the right to revoke a license indefinitely if the licensee is proven guilty of a crime or of sexual misconduct.

Reinstatement of licensure is contingent upon proof of weekly counseling by a licensed professional counselor.

(e) An establishment where a person has been convicted of, or entered a plea of nolo contendere to, an offense involving prostitution or any other type of sexual offense may not receive a license for a massage therapy establishment for a period of three years after the date of conviction or entry of the plea.

The board shall revoke the establishment license of any establishment which the board determines is a sexually oriented business.

The board may revoke an establishment license if a person is convicted of, or enters a plea of nolo contendere to, any crime involving prostitution or any other sexual offense against a client which occurred on the premises of the establishment.

The violation is attached to the address Page 13 HB192 Enrolled of the establishment.

(f)(1) Upon finding a person, who is governed by this chapter, performing massage therapy without having obtained a license, the board may do any of the following:

a.

Impose an administrative fine of not more than twenty-five thousand dollars ($25,000) 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 person aggrieved by any adverse action of the board must shall appeal the action to the Circuit Court of Montgomery County in accordance with the Alabama Administrative Procedure Act.

(g) The board shall present any incident of misconduct to the local district attorney for review and appropriate action.

(h) The board may adopt rules to implement and administer this section." "§34-43-20 (a) To be approved by the board, a massage therapy school shall meet all of the following requirements:

(1) File a completed application prescribed by the board with the board and pay a registration fee as specified in Section 34-43-14.

(2) Provide documentation of a curriculum which includes a minimum number of required hours of instruction in Page 14 HB192 Enrolled the subjects required pursuant to Section 34-43-9.

(3) Register annually with the board by filing a renewal form, accompanied with by the renewal fee pursuant to Section 34-43-14, and submit a current curriculum and a list of instructors.

(b) Every instructor teaching course work titled massage therapy at a board approved school located in Alabama shall be licensed in Alabama as a massage therapist and registered as a massage therapy instructor.

Instructors who are not teaching massage therapy do not need to be registered.

Any adjunct instructors shall be dually licensed in the state where they reside, or be nationally certified, or both.

(c) The board shall register as a massage therapy instructor any applicant who meets all of the following requirements:

(1) Is currently licensed as a massage therapist in Alabama.

(2) Has filed a completed application prescribed by the board and paid a one-time application fee pursuant to Section 34-43-14.

(3) Documents three years of experience in the practice of massage therapy.

The documentation may be considered by the board on a case-by-case basis.

(4) Any other requirements adopted by rule of the board." "§34-43-21 (a) The board is subject to the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Page 15 HB192 Enrolled Section 41-20-3.

The board shall automatically terminate on October 1, 2007, 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 of Therapeutic Massage and Bodywork." Section 4.

This act shall become effective on July 1, 2023, following its passage and approval by the Governor, or its otherwise becoming law.

Page 16 HB192 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 06-Apr-23.

John Treadwell Clerk Senate 18-Apr-23 Amended and Passed House 03-May-23 Passed, as amended by Conference Committee Senate 06-Jun-23 Passed, as amended by Conference Committee Page 17