Ala. Admin. Code r. 532-X-2-.01

Current through Register Vol. 42, No. 12, September 30, 2024

Section 532-X-2-.01 - [Effective until 1/18/2025] Board Composition And Officers

For purposes of these rules, the following terms shall 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: The Alabama Massage Therapy Licensing Board (AMTLB) created by Alabama Act No. 2024-361.

(3) BUTTOCK: Either of the two round fleshy parts that form the lower rear of the human trunk.

(4) CLIENT: Any person who receives massage therapy for compensation. This includes any patient or other patron receiving massage therapy or treatment, as well as patients receiving massages for a medically diagnosed reason or prescription.

(5) COURSE: Any on-line or in person program of study, or portion of a plan or program of instruction involving the imparting of knowledge, skills, or attitudes for the purpose of preparing the individual for gainful employment in an occupation or vocation, or continuing the individual's education in said occupation or vocation, whether conducted in person, by mail, or by any other method.

(6) CURRICULUM: A plan of course subjects of study to meet educational program learning needs.

(7) DENY: To refuse the issuance of a license upon initial application review or upon license renewal review.

(8) ESTABLISHMENT: A site, premises, business or operation where massage therapy is practiced by a licensed massage therapist.

(9) 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, or state examination administered by the board. The national or state examination administered by the board. The national examination shall be accredited by the National Commission for Certifying Agencies.

(10) EXECUTIVE OFFICER/EXECUTIVE DIRECTOR: The Executive Officer or Executive Director of the Alabama Massage Therapy Licensing Board. These terms may be used interchangeably during the period of temporary management of the board by the Alabama Board of Nursing.

(11) INTERGLUTEAL CLEFT/GLUTEAL CLEFT: The groove between the buttocks that runs from just below the sacrum to the perineum, so named because it forms the visible border between the external rounded protrusions of the gluteus maximus muscles.

(12) LICENSE: The credential issued by the board which allows the holder to engage in the safe and ethical practice of massage therapy.

(13) MASSAGE THERAPIST (MT): An individual licensed pursuant to this chapter who practices or administers massage therapy or related touch therapy modalities to a patron for compensation. A massage therapist shall not be designated or referred to as a "massage parlor" employee.

(14) MASSAGE THERAPY (MT) ESTABLISHMENT: A site, premises, or business where massage therapy is practiced by a massage therapist. Pursuant to 532-X-4-.01 a Massage Therapy Establishment is required to be licensed by the Board.

(15) MASSAGE THERAPY INSTRUCTOR: A massage therapist who is approved by the board to teach the practice of massage therapy.

(16) 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, for the purpose of therapeutic massage, and any massage, movement therapy, massage technology, myotherapy, massotherapy, oriental massage techniques, structural integration, acupressure, or polarity therapy.

(c) The term massage therapy may include the external application and use of herbal or chemical preparations and lubricants including, but not limited to, salts, powders, liquids, nonprescription creams, cups, mechanical devices such as 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 that normally involves the practice of medicine, chiropractic, physical therapy, podiatry, nursing, midwifery, occupational therapy, veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or naturopathics.

(17) MASSAGE THERAPY (MT) SCHOOL: A school, approved by the board, where massage therapy is taught and which is one of the following:

(a) If located in Alabama, approved by the board as meeting the minimum established standards of training and curriculum as determined by the board.

(b) If located outside of Alabama, recognized by the board and by a regionally recognized professional accrediting body.

(c) A postgraduate training institute accredited by the Commission on Massage Therapy Accreditation.

(18) NATIVE AMERICAN HEALER: A person who can establish by information, contained on his or her birth certificate, by tribal records or by other reliable records, that he or she is an American Indian or Alaskan Native, having origins in any of the original peoples of North America, as definite in Code of Ala. 1975, Section 25-1-10, and who practices traditional healing techniques.

(19) SUPERVISED PRACTICE: Practice by the holder of a temporary permit issued by the board, who has completed an approved massage therapy education program, which practice occurs only at the preidentified licensed massage therapy establishment and under the supervision of the preidentified licensed massage therapist who is physically present at the establishment when the practice occurs.

(20) PROFESSIONAL BOUNDARY VIOLATION: Acts in which the massage therapist uses his professional position to take advantage of the vulnerability of a client, or his family, to include but not be limited to actions that result in personal gain at the expense of the client or client's family, a nontherapeutic personal involvement or sexual conduct with a client or client's family.

(21) SCHOOL/PROGRAM: Any institution, agency, business, or organization offering or administering a plan, course, or curriculum for the purpose of preparing individuals for gainful employment as a massage therapist in an occupation or vocation, or continuing education of individuals in their occupation or vocation.

(22) SCOPE OF PRACTICE: A licensed massage therapist (LMT) shall only perform the massage, bodywork and techniques for which they have been trained as stated on their transcript or through documented continuing education, and which are legal to be performed in Alabama.

(23) 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 patron.

(24) STUDENT: Any individual who is enrolled in a massage therapy school.

(25) SUPERVISED MASSAGE: The viewing or monitoring of a student demonstrating hands-on massage therapy by a licensed massage therapy instructor.

(26) ON-SITE OR OUT-CALL MASSAGE THERAPY SERVICES: The practice of massage therapy not at a fixed location but at a location designated by the customer, client, or service.

(27) MASSAGE THERAPIST REGISTRATION TO AN ESTABLISHMENT: The process described in §532-X-3-.09 of these rules.

(28) PRIMARY SOURCE VERIFICATION: Verification provided directly to the Board by the entity that is the original source of the document of educational credentials, certification, and/or licensure or an approved primary source organization recognized by the Board.

Ala. Admin. Code r. 532-X-2-.01

New Rule: Filed January 29, 2001; effective 3/5/2001. Amended: Filed November 9, 2006; effective 12/14/2006. Amended: Filed April 20, 2009; effective 5/3/2009. Amended: Filed February 10, 2012; effective 3/16/2012.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 12, September 29, 2023, eff. 11/13/2023.

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 120 days, 1/18/2025 (Emergency).

Author: Alabama Massage Therapy Licensing Board

Statutory Authority:Code of Ala. 1975, § 34-43A-6.