Current through Register Vol. 40, No. 6, March 31, 2022
The following acts shall constitute misconduct in the practice of massage
therapy for which disciplinary penalties may be imposed after opportunity to be
heard pursuant to the procedure in the Alabama Administrative Procedures Act:
(a) conviction, adjudication, or a finding of
guilt in any jurisdiction of a crime, which directly relates to the practice of
massage therapy or to the ability to practice massage therapy. A plea of nolo
contendere may be taken into consideration by the Board.
(b) false, deceptive or misleading
(c) aiding, assisting,
procuring, or advertising any unlicensed person to practice massage therapy
contrary to the rules and regulations of the Board or the Massage Therapy
(d) engaging in or
attempting to or offering to engage a client in sexual activity, including but
not limited to genital contact, within a client-massage therapist
(e) making deceptive,
untrue, or fraudulent representations in the practice of massage
(f) practicing or offering
to practice beyond the scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or has reason to know
that he or she is not competent to perform.
(g) delegating professional responsibilities
to a person when the licensee delegating the responsibility knows or has reason
to know that the person is not qualified by training, experience, or licensure
to perform those responsibilities. This shall not include acts of an enrolled
student being supervised by a licensed massage therapy instructor.
(h) acting, as a massage therapist or
operating a massage therapy establishment while unlicensed or with a revoked or
massage therapy as a massage therapy instructor while unlicensed, unless
teaching continuing education as a visiting massage therapy instructor exempt
under the statutes.
(j) refusing to
allow the designated Board member(s) or investigator to inspect massage therapy
premises or establishment during regular business hours.
(k) practicing massage therapy at a site
which is not exempt or licensed as a massage therapy establishment, unless the
massage therapy is done on-site or out-call at a location under the control of
the client, or is done at an educational or trade site for demonstration
(l) failing to maintain
professional and liability insurance in the practice of massage therapy, or
failing to maintain liability insurance in the operation of a massage therapy
(m) failing to
attend and/or provide evidence of attendance at 16 hours of approved continuing
education course work in the twenty-four (24) months preceding the date renewal
of licensure is due.
The following acts shall constitute incorrect practice of massage therapy for
which disciplinary penalties may be imposed after opportunity to be heard in an
informal or a formal hearing pursuant to the procedure in the Alabama
Administrative Procedures Act, or after notice of deficiency and opportunity to
cure the deficiency:
(a) failing to perform a
statutory or legal or rule-based obligation based upon a licensee in the
practice of massage therapy.
failing to practice massage therapy with reasonable skill and safety to clients
as a result of illness; use of alcohol, drugs, narcotics, chemicals, or other
mind-altering substance; mental or physical condition.
(c) failing to practice massage therapy with
that level of care, skill and treatment which is recognized by a reasonably
prudent massage therapist as being acceptable under similar circumstances and
(d) failing to maintain
premises, supplies, and equipment of the massage therapy establishment in a
clean and sanitary condition.
failing to include the licensee's license or registration number in an
advertisement, for the first infraction. A second or subsequent infraction may
be considered to be misconduct as false, misleading or deceptive
Ala. Admin. Code r. 532-X-5-.03
New Rule: Filed January 29,
2001; effective March 5, 2001. Amended: Filed April 20, 2009; effective May 25,
2009. Amended: Filed February 10, 2012; effective March 16,
Author: Keith E. Warren
Code of Ala.