Ala. Admin. Code r. 532-X-3-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 532-X-3-.04 - [Effective 11/14/2024] Establishment Licensure

(1) Each massage therapy establishment and on-site or out-call establishment as defined in these rules and regulations shall obtain a license to operate from the Board. A licensed owner, employee, or contractor may perform on-site or out-call massage therapy so long as the client knows the massage therapist owns, is employed by, or contracted from a licensed establishment.

(2) The applicant for licensure of the establishment shall be the owner, lessee, or legal possessor of the establishment.

(3) In the event the licensed establishment sold, subleased, or legal possession of the establishment is changed, the new owner, lessee, or legal possessor of the establishment shall be required to apply for and obtain a new license within sixty (60) days of the change of ownership, lessee, or legal possess. The establishment license is not assignable or transferable.

(4) The owner of an establishment may petition the Board to waive a new establishment fee when they apply for a new establishment license due to circumstances where a current licensed establishment is changing locations and they do not intend to change the name or ownership of the establishment. The Board will waive the new establishment license fee when the establishment owner can show:

(a) The request is made prior to a change in ownership of the current establishment's address;

(b) The establishment is changing addresses for reasons that are out of their control;

(c) The request must be made at least twelve (12) months before the establishment license expires;

(d) The person seeking the waiver must provide documentation;

(e) The person seeking the waiver must pay a fifty ($50) administrative fee.

(5) Each massage therapy establishment shall be subject to an inspection by the Board at any time during normal business hours and must demonstrate:

(a) current professional and general liability insurance coverage for bodily injury and property damage for the establishment in the amount of at least one million dollars ($1,000,000);

(b) compliance with state and local fire and safety requirements;

(c) a fire extinguisher in good working condition;

(d) provision for extermination of vermin, insects, termites, and rodents;

(e) laundering or sanitation of all equipment and linens or other materials furnished for use of the customer or client, prior to reuse, if applicable;

(f) maintenance of equipment in a safe and sanitary condition;

(g) adequate toilet and lavatory facilities with running water, equipped with toilet tissue, soap dispenser with soap or other hand cleansing materials, sanitary towels or handdrying devices, waste receptacle, with adequate lighting and ventilation sufficient to remove objectionable odors;

(h) adequate and sanitary shower facilities if the establishment maintains a whirlpool bath, sauna, hot tub, spa, steam cabinet or steam room; the shower, if any, is to be equipped with soap, sanitary cloth towels, and adequate lighting and ventilation;

(i) clean drape material (towel, sheet, blanket, linen) for draping clients during the massage, use of which shall be explained to the client prior to the massage, and which shall cover the interglutal cleft and genitals of a male client at all times during the massage, and which shall cover the interglutal cleft, breasts, and genitals of a female client at all times during the massage.

(j) the massage shall not intentionally expose the intergluteal cleft and genitals of a male/female client or breasts of a female client.

(6) Upon receipt of an application for a massage therapy establishment license, the Board may cause an initial inspection to be made of the site to confirm that the establishment meets the above requirements and is to be utilized for massage therapy and not for the purposes unlawful under the massage therapy statutes.

(7) Inspections may be initiated by the Board at any time during reasonable business hours after licensure of the establishment, which may include but are not limited to determining whether the establishment is in compliance with the rules governing the establishment's operation, facilities, personnel, safety, sanitary requirements, and review of existing insurance coverage. Failure to cooperate with such inspection may lead to disciplinary action.

(8) No massage therapy establishment owner, lessee, or legal possessor shall knowingly engage in or permit any person or persons to engage in sexual activity in that owner's massage establishment or to use that establishment to make arrangements to engage in sexual activity in any other place.

(9) Each massage therapy establishment applicant shall pass a criminal history check unless the applicant is a licensed massage therapist and has passed a criminal history check.

(10) If an establishment fails an inspection, they must correct the violations outlined on the inspection report and be reinspected within 30 days along with submitting a re-inspection fee approved by the Board.

(11) An establishment that is owned by an individual, company, or corporation residing outside of the State of Alabama must be inspected prior to opening the establishment and pay an inspection fee approved by the Board.

Ala. Admin. Code r. 532-X-3-.04

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 5/25/2009. Amended: Filed February 10, 2012; effective 3/16/2012.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 02, November 29, 2019, eff. 12/15/2019.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

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 109 days, 1/7/2025 (Emergency).

Author: Keith E. Warren

Statutory Authority:Code of Ala. 1975, §§ 34-43-7.