Ala. Admin. Code r. 532-X-7-.01 - Grounds for Suspension, Revocation, or Refusal to Issue a License
Upon a finding that the licensee or applicant for licensure has committed any of the following 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, 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 for
licensing.
(2) The licensee sold or
bartered or offered to sell or barter a massage therapist license or a massage
therapy establishment license.
(3)
The licensee has engaged in unprofessional conduct that has endangered or is
likely to endanger the health, safety, and welfare of the public, to include:
(a) Violation of the code of ethics
applicable to the licensee.
(b)
Practicing massage therapy at an establishment to which the licensed massage
therapist is not registered.
(c) As
the registered massage therapist for an establishment responsible for ensuring
compliance with laws and regulations, has allowed a licensed MT who is not
registered to the establishment to perform massage therapy at or through the
establishment or has allowed an unlicensed person to perform massage therapy at
or through the establishment.
(d)
Administering treatment which poses a significant health risk to the
client.
(e) Administering treatment
in a negligent manner.
(f)
Administering treatment which the massage therapist is not competent by
training or experience to perform.
(g) Administering treatment which the massage
therapist is not qualified by training or experience to perform.
(h) Violating the confidentiality of
information or knowledge concerning a client.
(i) Offering massage therapy at a sporting
event, convention, or trade show without obtaining the written approval of the
owner or property manager of the site of the sporting event, convention or
trade show or the organizer of the sporting event, convention, or trade
show.
(j) Teaching massage therapy
as a massage therapy instructor without a massage therapy instructor license,
unless teaching continuing education as a visiting massage therapy instructor
exempt under the statutes.
(k)
Refusing to allow the designated board member(s) or investigator to inspect a
massage therapy establishment or other business premises of a licensee during
normal business hours.
(l) 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 statutes.
(m) Engaging in
sexual activity with a client, or attempting or offering to engage in sexual
activity with a client, including but not limited to contact with the genitals
or the female breast, within a client-massage therapist relationship.
(n) Making deceptive, untrue, or fraudulent
representations in the practice of massage therapy or in relation to the
practice site.
(o) 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 or legally authorized to
perform.
(p) 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.
(q)
Acting as a massage therapist or operating a massage therapy establishment
while unlicensed or with a revoked or suspended license.
(r) Practicing massage therapy at a site
which is not either exempt from licensure or licensed as a massage therapy
establishment, unless the massage therapy is done on-site or outcall at a
location under the control of the client, or is done at an educational or trade
site for demonstration purposes.
(s) As a licensed massage therapist, massage
therapy establishment, or massage therapy school, failing to maintain
professional and general liability insurance with an "A' rated or better
insurance carrier in the amount of at least one million dollars.
(t) Failing to attend and/or provide evidence
of attendance at sixteen (16) hours of approved continuing education course
work in the twenty-four (24) months preceding the date renewal of licensure is
due.
(u) Failing to perform a
statutory or legal or rule-based obligation based upon a licensee in the
practice of massage therapy.
(v)
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 substances; mental or physical condition.
(w) 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
conditions.
(x) Failing to maintain
premises, supplies, and equipment of the massage therapy establishment in a
clean and sanitary condition.
(y)
Failing to include the licensee's license or registration number in an
advertisement.
(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 Chapter 43A of Title 34 of the Code of
Alabama.
(6) The licensee is
adjudicated as mentally incompetent by a court of law.
(7) The licensee uses controlled substances
or habitually and excessively uses alcohol.
(8) The licensee has engaged in false,
deceptive, or misleading advertising.
(9) The licensee has knowingly allowed the
massage therapy establishment to be used as an overnight sleeping
accommodation.
(10) The licensee
has had a license revoked, suspended, or denied in any other territory or
jurisdiction of the United States for any act described in this
section.
(11) The applicant or
licensee has been convicted of impersonating a massage therapist in another
jurisdiction.
(12) As an individual
who is governed by Chapter 43A of Title 34 of the Code of Alabama and who has a
reasonable belief that another massage therapist has violated that chapter, has
failed to inform the board in writing within thirty (30) calendar days after
the date the individual discovered the activity.
(13) Refusal to complete a criminal history
background check required by the board.
Notes
Author: Alabama Massage Therapy Licensing Board
Statutory Authority: Code of Ala.1975, ยง 34-43A-6
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