Transcription

ARKANSAS STATE BOARD OF HEALTHMASSAGE THERAPYLAWS20211

17-86-101. CitationThis chapter may be referred to and cited as the “Massage Therapy Act”.17-86-102. DefinitionsAs used in this chapter:(1) “Licensee” means an individual licensed under this chapter;(2)(A) “Massage therapist” means a person who has:(i) Earned a diploma from a State Board of Health accepted school ofmassage therapy;(ii) Passed an examination required or accepted by the State Board ofHealth; and(iii) Become licensed and registered to practice massage therapy.(B) “Massage therapist” includes a person who has previously obtained themassage therapist license under prior state law.(C) A massage therapist may:(i) Instruct continuing education programs approved by the Department ofHealth; and(ii) Assist in the instruction of the procedures defined in subdivisions(3)(A)-(C) of this section under the direct supervision of a massagetherapy instructor or master massage therapist;(3)(A) “Massage therapy” means the treatment of soft tissues, which may includeskin, fascia, and muscles and their dysfunctions for therapeutic purposes ofestablishing and maintaining good physical condition, comfort, and relief of pain.(B) “Massage therapy” is a healthcare service that includes gliding, kneading,percussion, compression, vibration, friction, nerve strokes, and stretching thetissue.(C) “Massage therapy” also means to engage in the practice of any of thefollowing procedures:(i) Massage therapy techniques and procedures, either hands-on or withmechanical devices;(ii) Therapeutic application and use of oils, herbal or chemicalpreparations, lubricants, nonprescription creams, lotions, scrubs, powders,and other spa services;(iii) Therapeutic application of hot or cold packs;(iv) Hydrotherapy techniques;(v) Heliotherapy, which may include mechanical devices, heat lamps, andother devices;(vi) Electrotherapy;(vii) Any hands-on bodywork techniques and procedures rising to the levelof the techniques and procedures intended to be regulated under thischapter and not covered under specific licensing laws of other boards; and(viii) Cupping therapy;(4) “Massage therapy clinic” means a clinic, place, premises, building, or part of abuilding in which a branch or any combination of branches of massage therapy or theoccupation of a massage therapist is practiced;(5)(A) “Massage therapy instructor” means a person who:2

(i) Before July 1, 2010, has completed no less than two hundred fifty (250)hours of practical experience as a master massage therapist, which may begained, in part or in whole, as an assistant to an instructor in a massageschool or may be gained, in part or in whole, as a directed instructor in amassage school and has completed no less than two hundred fifty (250)continuing education hours as approved by the department;(ii) On or after July 1, 2010, has been an active and practicing licensee andregistered as a master massage therapist for a period of not less than three(3) years preceding the application for an upgrade to massage therapyinstructor;(iii) On or after July 1, 2010, in addition to the experience under subdivision(5)(A)(i) of this section, has completed no less than two hundred fifty (250)continuing education hours as approved by the department as a licensedmaster massage therapist; and(iv) Is determined by the department to be qualified to be licensed andregistered to practice massage therapy.(B) “Massage therapy instructor” includes a person who has previously obtainedthe massage therapy instructor license under prior state law.(C) Massage therapy instructors may:(i) Instruct continuing education programs approved by the department;(ii) Instruct any of the procedures in subdivision (3) of this section; and(iii) Instruct basic curricula in a massage therapy school registered by thedepartment as required by § 17-86-306(e);(6) “Massage therapy school” means a registered and licensed facility that meets andfollows the required educational standards as established by § 17-86-306 and allpertinent rules established by the State Board of Health;(7) “Massage therapy spa” means a site or premises, or portion of a site or premises, inwhich a massage therapist practices massage;(8)(A) “Master massage therapist” means a person who:(i) Before July 1, 2010, is a licensed and registered massage therapist whohas completed no fewer than two hundred fifty (250) hours of practicalexperience as a massage therapist, which may be gained in part or in wholeas an assistant to an instructor in a massage school and has completed noless than one hundred twenty-five (125) continuing education hours asapproved by the department;(ii) On or after July 1, 2010, has been an active and practicing licensee andregistered as a massage therapist for a period of not less than two (2) yearspreceding the application for an upgrade to master massage therapist;(iii) On or after July 1, 2010, in addition to the experience under subdivision(8)(A)(i) of this section, has completed no less than one hundred twenty-five(125) continuing education hours as approved by the department; and(iv) Is determined by the department to be qualified to be licensed andregistered to practice massage therapy.(B) “Master massage therapist” includes a person who has previously obtainedthe master massage therapist license under a prior state law.(C) Master massage therapists may:(i) Instruct continuing education programs approved by the department;(ii) Instruct any of the procedures in subdivision (3) of this section; and3

(iii) Instruct, as directed by a massage therapy instructor, basic curricula in amassage therapy school registered by the department as required by § 1786-306(e);(9) “Postsecondary massage therapy school” means a massage therapy school that:(A) Offers a postsecondary curriculum approved by the State Board of Health;and(B) Has an enrollment in which no more than fifty percent (50%) of its studentsdo not have a high school diploma or the recognized equivalent of a high schooldiploma;(10) “Sexual misconduct” includes:(A) A range of behavior used to obtain sexual gratification against another's will,at the expense of another, without the client's knowledge, engaging in sexualactivity for profit, or a combination of any of these activities;(B) Massage of the genitalia, anus, and, except under specific circumstances,the breast; and(C) Sexual activity with consent of a client or at the request of a client; and(11) “This chapter” means the “Massage Therapy Act”, § 17-86-101 et seq.17-86-103. Penalties(a) Any person who violates any of the provisions of this chapter shall be found guilty of amisdemeanor and upon conviction shall be punished by imprisonment in the county jailfor not more than six (6) months or by a fine not exceeding one thousand five hundreddollars ( 1,500), or by both fine and imprisonment, at the discretion of the court.(b) It shall be the duty of the prosecuting attorney in the county where the violation occurs,upon request by the Department of Health, to initiate proper legal proceedings in a courtof competent jurisdiction to enforce the provisions of this chapter.(c) Any person found guilty of violations of this chapter may be subject to emergencysuspension or revocation of licensure dependent upon the findings.(d) The courts of this state are vested with jurisdiction and power to enjoin the unlawfulpractice of massage therapy and related techniques in a proceeding by the department orby any citizen of this state in the county in which the alleged unlawful practice occurred, thecounty in which the defendant resides, or in Pulaski County. The issuance of an injunctionshall not relieve a person from criminal prosecution for violation of the provisions of thischapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.17-86-104. Criminal background checksAn applicant applying as a new massage therapy licensee, an individual applying for a newmassage therapy school license, or a licensee applying for an upgrade issued by theDepartment of Health shall apply to the Identification Bureau of the Department of ArkansasState Police for a state and federal criminal background check to be conducted by theIdentification Bureau and the Federal Bureau of Investigation.4

17-86-201. Massage Therapy Technical Advisory Committee—Members(a)(1) The Massage Therapy Technical Advisory Committee shall consist of seven (7)members, who shall be appointed by the State Board of Health for a term of three (3)years.(2)(A) Six (6) of the members shall be licensees under this chapter.(B) Only one (1) of the members shall be an owner of a massage therapy school.(3) One (1) member, to represent the public, shall not be engaged in or retired from thepractice of massage therapy.(b) The State Board of Health shall promulgate by rule the duties and powers of thecommittee.17-86-202. Employees(a) The Department of Health may employ an executive director, regular or special counsel,inspectors, clerks, secretaries, and other personnel it deems necessary to carry out theprovisions of this chapter.(b) An employee under this section shall not have any financial interest in the practice orinstruction of massage therapy.17-86-203. Powers and duties(a)(1) The State Board of Health may promulgate and enforce reasonable rules for thepurpose of carrying out this chapter.(2) The board shall follow the Arkansas Administrative Procedure Act, § 25-15-201 etseq., as to “rule” and “rulemaking” definitions and for the adoption and filing of rules.(b)(1)(A) The Department of Health shall inspect or cause an inspection of studentrecords at least one (1) time each year for each massage therapy school operated inthis state.(B) The department and its agents and employees may enter and inspect amassage therapy clinic, spa, or school during operating hours of the business.(2) The department and its agents and employees shall not request or be grantedpermission to enter a room of a massage therapy clinic, spa, or school in which a clientis receiving treatment from a licensee under this chapter.(c) The department may hold licensing examinations from time to time at a place or places asthe department may designate.(d)(1) The department may require each original applicant and each upgrade applicant fora license issued by the Department of Health to apply to the Identification Bureau of theDivision of Arkansas State Police for a state and federal criminal background check tobe conducted by the Identification Bureau of the Division of Arkansas State Police andthe Federal Bureau of Investigation.(2) The state and federal criminal background check shall conform to applicable federalstandards and shall include the taking of fingerprints.(3) The applicant shall sign a release of information to the department and shall beresponsible for the payment of any fees associated with the state and federal criminalbackground check.5

(4)(A) Each applicant who has resided outside of Arkansas shall provide a state andfederal criminal background check, including the taking of fingerprints, issued bythe state or states in which the applicant resided.(B) Results shall be sent directly to the department from the agency performingthe state and federal criminal background check.(e) For purposes of this section, the board shall follow the licensing restrictions based oncriminal records under § 17-3-102.17-86-204. Records(a)(1) The Department of Health shall maintain a record book and computer file in whichwill be entered the names and addresses of all persons to whom licenses have beengranted under this chapter, the license number, and the dates of granting such licensesand renewals thereof, and other matters of record.(2) The department will move to a separate book and file the records of all persons whohave died, have let their licenses lapse for three (3) years, whose licenses have beensuspended or revoked by the department, or cancelled by the licensee.(b) The record books and computer files so provided and maintained shall be deemed andconsidered a book of records and files of records, and they will be kept in a timely manner. Atranscript of any record therein or a license number or date of granting such a license to aperson charged with a violation of any of the provisions of this chapter shall be admitted asevidence in any of the courts of this state if certified by the department.(c)(1) The original books, records, and papers of the department shall be maintained at theoffices of the department.(2) A school that closes shall immediately submit all student transcripts to thedepartment office.(d) Copies of records may be furnished to any person requesting them upon payment of suchcopying fee as the department may require and as Arkansas state laws and rules permit.However, licensing exams shall be exempt from the Freedom of Information Act of 1967, § 2519-101 et seq.17-86-205. Disposition of funds(a)(1) All moneys remitted to the Department of Health under this chapter shall be madepayable to the Department of Health.(2) The Department of Health shall deposit all such funds received in a timely manner inaccordance with laws of the State of Arkansas and rules of the Department of Financeand Administration.(b)(1) All moneys received under this chapter shall be paid into the State Treasury andshall be credited to the Public Health Fund for the general uses of the Department ofHealth.(2) Salaries and other expenses necessarily incurred in carrying into effect theprovisions of this chapter and other programs administered by the Department of Healthshall be paid from the moneys received.6

17-86-301. Registration required--Exemptions(a) It shall be unlawful:(1)(A) For any person who does not hold a valid license to use the following titles:massage therapist, massage practitioner, myotherapist, massotherapist,massage technologist, masseur, masseuse, therapy technologist, mastermassage therapist, massage therapy instructor, or any derivation of those titlesor to advertise such titles; or(B) For any person who does not hold the applicable license issued by theDepartment of Health to engage professionally for payment, barter, donation, orexchange in the practice or instruction of massage therapy as defined in thischapter;(2) For any person to operate or conduct any massage therapy clinic or massagetherapy school which does not conform to the sanitary rules contained in § 17-86-302,in state law, in local ordinances, or in those rules which may be adopted by the StateBoard of Health;(3) To employ any person to practice or instruct under this chapter who does not hold avalid license issued by the department;(4) For any person to operate a massage therapy school or clinic without its first beingregistered under the provisions of this chapter as a licensed massage therapy school orregistered clinic; or(5) For the department or other individual or entity to incorporate privileges orcertification requirements of any private organization, private professional association,or private accrediting agency within Arkansas massage laws or its rules. However, thedepartment may adopt as its licensure exam an exam drafted and administered by aprivate organization, private professional association, or private accreditation agency.(b) Exemptions:(1) Persons authorized by the laws of this state to practice medicine, osteopathy,podiatry, or physical therapy, and licensed physicians' assistants, licensed nurses,licensed physical therapy assistants, licensed acupuncturists, licensed midwives, andchiropractors are exempt from this chapter in so far as massage therapy practices areoffered or instructed within the scope and under the provisions of licensure;(2) Persons authorized by the department to present and instruct department-approvedschool curriculum or continuing education programs, or both, may present and instructsuch department-approved curriculum and programs for payment and in thepresentation and instruction may utilize practices defined in, but without being licensedor registered under, the provisions of this chapter; and(3) The practice of massage therapy that is incidental to a program of study by studentsenrolled in a licensed massage therapy school approved by the department, and underdirect supervision of a licensee employed as an instructor at the school, is exempt from§ 17-86-311(a)(10).(c)(1) A licensee shall notify the department in writing of any change of name, address,phone number, or place of employment.(2) If a name change is requested, a new license shall be issued in the new name at thenext renewal date or immediately for a fee not to exceed twenty dollars ( 20.00) forprinting of a new license.(3) Valid government-issued photo identification is required for each name changerequest.7

17-86-302. Sanitary requirements(a) It shall be unlawful for any person or school to be licensed or any clinic to be operatedunder the provisions of this chapter unless the following requirements are met and practiced:(1) A sink for hand washing with hot and cold running water and soap must beaccessible;(2) A restroom must be accessible;(3) A towel or sheet that has been used by one (1) client may not be used on anotherperson unless the towel or sheet has been relaundered;(4) Anyone who has any infectious, contagious, or communicable disease which may bespread by airborne, droplet, contact, or indirect methods and who is in contact with thepublic must not practice until all risk of disease transmission is cleared. Any employeewith such a disease must be immediately relieved from duty until all risk of diseasetransmission is cleared;(5) A school or clinic must be equipped with a massage table or tables or a massagechair or chairs or equipped with such standard equipment dictated by the practiceengaged in as defined in § 17-86-102; and(6) A clinic or school must comply with all requirements of the Department of Health, cityordinances, and state laws.(b) Failure to comply with any of the requirements as set forth by this section will be groundsfor suspension or revocation of license.17-86-303. Massage therapist(a) In order to be licensed as a massage therapist, the person seeking licensure shall:(1) Furnish to the Department of Health satisfactory proof that he or she is eighteen (18)years of age or older;(2) Make oath that he or she has not been convicted of, found guilty of, or entered aplea of guilty or nolo contendere to any offense that would constitute a felony listedunder § 17-3-102 or constitute the offense of prostitution, either in this state or anotherstate, and submit a signed authorization to investigate and have information released tothe department;(3) Present the following issued in the same name as the applicant or licensee:(A) A valid photo identification or driver's license, or both; and(B) A Social Security card;(4)(A) Present a high school diploma, high school equivalency diploma approved bythe Adult Education Section, or college transcript and credentials issued by amassage therapy school accepted by the department or a like institution with noless than five hundred (500) hours of in-classroom instruction.(B) An applicant shall not submit his or her transcript directly to the department.(C) An applicant shall request that the massage therapy school submit thetranscript directly to the department.(D)(i) If the applicant's transcript is not obtainable from the original school, theapplicant shall submit a statement to explain why the transcript may not beobtained.(ii) Other documentation of credentials may be submitted and accepted forlicensure at the discretion of the department;(5) Furnish to the department satisfactory proof of passing an examination recognizedand approved by the department; and(6) Pay the specified fees, which shall accompany a completed notarized application tothe department.8

(b) Fees are as follows:(1) Application fee . 75.00 Nonrefundable(2) Original license fee 80.00(3) Biennial renewal 80.00(4) Examination fee or reexamination fee 25.00(5) Duplicate license fee 10.00(6) Pocket card fee not to exceed ten dollars . ( 10.00).(c) A person shall not practice massage therapy until his or her official license has beenreceived from the department.(d) A person who attempts to procure or does procure a license in violation of this section shallbe subject to the penalties provided for in § 17-86-103.17-86-304. Master massage therapist(a) A person who holds a license as a massage therapist issued by the Department of Healthand who submits satisfactory evidence to the department that he or she has completed andmeets the requirements stated in § 17-86-102 is entitled to be upgraded to master massagetherapist.(b) Each application for upgrade to master massage therapist shall be considered a newapplication for purposes of criminal background checks.(c) Fees are as follows:(1) Application fee . 75.00 Nonrefundable(2) Original license fee 80.00(3) Biennial renewal fee . 80.00(4) Duplicate license fee . 10.00(5) Pocket card fee not to exceed ten dollars ( 10.00).17-86-305. Massage therapy instructor(a) A person who holds a license as a master massage therapist issued by the Department ofHealth and who submits satisfactory evidence to the department that he or she hassuccessfully completed and meets the requirements stated in § 17-86-102 shall be entitled tobe upgraded to massage therapy instructor.(b) Each application for upgrade to massage therapy instructor is considered a new applicationfor purposes of criminal background checks.(c) Fees are as follows:(1) Application fee 75.00 Nonrefundable(2) Original license fee . 80.00(3) Biennial renewal fee 80.00(4) Duplicate license fee 10.00(5) Pocket card fee not to exceed ten dollars . ( 10.00).17-86-306. Massage therapy school(a) A person shall not establish, operate, or maintain a massage therapy school without firsthaving obtained a certificate of massage therapy school licensure issued by the Department ofHealth.9

(b) A massage therapy school shall not be approved by the department or granted a certificateof licensure until the appropriate application and inspection forms as prescribed by thedepartment have been completed and approved and the licensure fee has been paid.(c)(1) Inspection of the school premises shall be made by the department, to includewithout limitation proof of required forms completed and returned to the department withapproval or recommendations.(2) Should the school facilities not pass the first inspection and, after recommendations,failures are corrected, a second inspection will be made within thirty (30) days todetermine the school's eligibility.(d)(1) A school shall require a physical examination by a medical doctor documenting thatthe student poses no health risk to give and receive massage.(2) The school shall be required to maintain proof of the examination and furnishadditional information and documents as may be required by the department or itsappointee during the inspection.(e) The department may certify the school and provide for licensure thereof if the schoolfollows a curriculum consisting of not fewer than five hundred (500) hours of in-classroominstruction over a term of not fewer than four (4) months consisting of the following subjects:(1) One hundred seventy-five (175) hours of anatomy, physiology, pathology, andcontraindications to massage therapy;(2) Two hundred twenty-five (225) hours of technique;(3) Twenty-five (25) hours of hydrotherapy, electrotherapy, and heliotherapy;(4) Twenty-five (25) hours of hygiene and infection control;(5) Twenty-five (25) hours of massage therapy law, business management, andprofessional ethics; and(6) Twenty-five (25) hours of related subjects as approved by the department.(f)(1) The fee for establishing a school shall not exceed one thousand dollars ( 1,000).(2) The initial inspection fee for each school shall not exceed one hundred dollars( 100).(3) The annual renewal and inspection fee for each school shall not exceed onehundred dollars ( 100).(g) The curriculum established in subsection (e) of this section shall be followed for allmassage therapy programs.(h)(1) The State Board of Health shall promulgate rules setting a standard educationalcurriculum for schools of massage.(2) The standard educational curriculum shall distinguish between secondary andpostsecondary educational requirements for the schools of massage.17-86-307. Massage therapy clinic and spa(a) A person shall not establish, maintain, or operate a massage therapy clinic or massagetherapy spa, or both, until the address and telephone number of the office, clinic, or spa havebeen supplied in writing to the Department of Health.(b) If a massage therapy clinic, massage therapy spa, or both moves to a new location orchanges its phone number, the new address or phone number, or both, shall be submitted10

immediately to the department in writing before operating the clinic or spa, or both, at the newaddress.(c) The annual inspection fee for each clinic and spa shall not exceed seventy-five dollars( 75.00).17-86-308. Reciprocity(a)(1) The Department of Health may enter into reciprocal relations with other states andterritories whose licensure requirements are substantially the same as those provided inthis chapter.(2)(A) If the applicant's transcript or a copy of the applicant's transcript is notobtainable from the original school, the applicant shall submit a statement toexplain why it may not be obtained.(B) Other documentation of credentials may be submitted and accepted forlicensure at the discretion of the department.(b)(1) An out-of-state applicant holding a current massage therapy license issued byanother state and after receiving an Arkansas massage therapy license may apply foran upgrade to master massage therapist or massage therapy instructor by providingappropriate continuing education credits and experience gained before Arkansaslicensure for department approval.(2) An upgrade request shall be made by submitting a complete application packageand paying the fees required by this chapter.17-86-309. Renewals--Inactive list--Continuing education(a)(1)(A) A license issued under this chapter is valid for two (2) years and expires onthe licensee's birthday.(B)(i) If a license issued under this chapter is not renewed by the first day ofthe month preceding the birthdate of the licensee in the biennial renewalyear, the license expires.(ii)(a) If a license expires under subdivision (a)(1)(B)(i) of this section,the applicant shall submit a new application that requires theapplicant to meet current requirements and successfully completean examination recognized by the Department of Health.(b) The department shall issue a license effective as of the date ofreceipt of the late application and all new applicant fees.(c) An individual licensee who is not currently in practice and whowishes to place his or her license on the inactive list may remain onthe inactive list for not more than four (4) years withoutreexamination.(2) Each license for a massage therapy school is valid for a period of one (1) year andexpires on June 30 of each year, whereupon a renewal license may be issued uponsubmission of a completed license renewal application with payment of the fee or feesprescribed for class of certification.(3) Every license for licensees, both active and inactive, shall expire on the birthdate ofthe licensee in the biennial renewal year.(4) Each renewal for licensees shall be accompanied by proof of no fewer than eighteen(18) hours of continuing education that have been approved by the department.(b) A renewal application for a licensee is due on or before the first day of the month precedingthe month of the birthdate of the licensee in the biennial renewal year.11

(c) A renewal application for a licensee postmarked after the first day of the month precedingthe month of the birthdate of the licensee of the biennial renewal year shall be levied a latepenalty fee not to exceed twenty-five dollars ( 25.00).(d)(1) An application for renewal postmarked after the birthdate of the licensee in thebiennial renewal year will be treated as an application to renew an expired license.(2)(A) A license is expired if the application is postmarked after the birthdate of thelicensee in the biennial renewal year.(B) Before the department issues a new license to an applicant whose licensehas expired under subdivision (d)(2)(A) of this section, the applicant shall:(i) Submit a new application that requires the applicant to meet currentrequirements; and(ii) Successfully complete an examination recognized by the department.(e) The department shall issue a license effective as of the date of receipt of the lateapplication and all renewal fees, penalties, and required documentation.(f)(1) Any individual licensee who is not currently in practice and who wishes to place hisor her license on the inactive list may remain on this list for a period not to exceed four(4) years without reexamination.(2) After the time allowed under subdivision (f)(1) of this section, all inactive licenseesshall meet current requirements for licensure and must successfully complete anexamination recognized by the department before resuming the active practice ofmassage therapy.(g) Any individual licensee who has been placed on the inactive list for fewer than four (4)years and who wishes to reactivate his or her license shall follow the procedures for licenserenewal as provided for in this section, present satisfactory evidence of completion ofcontinuing education hours as required by subsection (a) of this section for the inactive period,and pay all appropriate fees before resuming the active practice of massage therapy.(h) The fee for placement on the inactive list shall not exceed

17-86-102. Definitions As used in this chapter: (1) "Licensee" means an individual licensed under this chapter; (2) (A) "Massage therapist" means a person who has: (i) Earned a diploma from a State Board of Health accepted school of massage therapy; (ii) Passed an examination required or accepted by the State Board of Health; and (iii) Become licensed and registered to practice massage .