Ala. Admin. Code r. 532-X-4-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 532-X-4-.02 - [Effective 1/7/2025] Requirements for Licensed Massage Therapy Establishments(1) A licensed massage therapy establishment must demonstrate and maintain the following requirements: (a) Right to occupy the premises as demonstrated by a deed, lease, or other document establishing lawful possession in the name of the sole proprietor, corporation, limited liability company, or partnership that holds a massage therapy establishment license.(b) Proof of coverage demonstrating that the licensed massage therapy establishment possesses professional and general liability insurance with an "A" rated or better insurance carrier in the amount of at least one million dollars.(c) Compliance with state and local fire and safety requirements.(d) A fire extinguisher in good working condition.(e) Provision for extermination of vermin, insects, termites, and rodents.(f) Laundering or sanitation of all equipment and linens or other materials furnished for use of the customer or client, prior to reuse, if applicable.(g) Maintenance of equipment in a safe and sanitary condition.(h) Adequate toilet and lavatory facilities with running water, equipped with toilet tissue, soap dispenser with soap or other hand cleansing materials, sanitary towels or hand-drying devices, waste receptacle, with adequate lighting and ventilation sufficient to remove objectionable odors.(i) Adequate and sanitary shower facilities if the establishment maintains a whirlpool bath, sauna, hot tub, spa, steam cabinet or steam roomÍ3/4 the shower, if any, is to be equipped with soap, sanitary cloth towels, and adequate lighting and ventilation.(j) Clean drape material (towel, sheet, blanket, linen) for draping clients during the massage.(k) Documentation of all massage therapy appointments, whether the appointments are provided at the licensed massage therapy establishment or are out-call or onsite appointments. 1. Appointments shall be documented prior to commencement of the massage therapy services.2. There shall be no undocumented massage therapy appointments.3. Documentation of appointments shall be maintained on the premises of the licensed massage therapy establishment and available for inspection.4. Documentation shall include the name of the client(s) who will receive massage therapy services at the appointment, the name of the licensed massage therapist(s) performing the massage therapy services, the location at which the massage therapy services will occur, the type and duration of the massage therapy services to be performed, and the date and time at which the massage therapy services will occur.5. Maintain current and post appointment calendar records on site for a minimum of three (3) years.6. Provide for the secure storage of confidential client information.(2) All massage therapy services performed at or for an establishment shall be performed by a licensed massage therapist.(3) Effective January 1, 2025, a massage therapy establishment shall ensure that, prior to permitting a licensed massage therapist to perform massage therapy at or for a massage therapy establishment, the licensed massage therapist is registered with the board to perform massage therapy at or for the licensed massage therapy establishment.(4) A massage therapy establishment shall ensure, at all times, that one licensed massage therapist is registered with the board as the designee who will ensure that the massage therapy establishment complies with state law and all administrative rules. The name and license number of the designee shall be prominently identified by signage placed in plain view within the establishment.(5) Any advertisement by a massage therapy establishment shall include the license number of the massage therapy establishment.(6) Each massage therapy establishment shall prominently post its license and the license of each massage therapist who practices within the massage therapy establishment in plain sight at the massage therapy establishment.(7) A licensed massage therapy establishment shall not be used as an overnight sleeping accommodation. A licensed massage therapy establishment may petition the board for an exception to this requirement if the establishment is also the residence of a sole proprietor licensee and the licensed massage therapy establishment demonstrates that the overnight sleeping accommodations are used only by the sole proprietor or the sole proprietor's immediate family.(8) A licensed massage therapist who is an owner, employee, or contractor of a licensed massage therapy establishment 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. When performing on-site or outcall massage therapy services, the licensed massage therapist shall take the following items to the appointment: (a) A copy of the massage therapy establishment license and a copy of the massage therapist license for the licensed massage therapist performing the massage therapy services.(b) All sanitized equipment necessary to perform the massage therapy services.(c) Clean drape material (towel, sheet, blanket, linen) for draping clients during the massage.(9) If the physical location of a massage therapy establishment has been shut down by the board or by local, state, or federal law enforcement, the physical location is permanently prohibited from being licensed or operating as a massage therapy establishment.(10) A massage therapy establishment may not advertise or offer to perform services on any sexually explicit website or online platform that promotes prostitution, sexually explicit services, or human trafficking.(11) A sexually oriented business may not operate as a massage therapy establishment or be licensed by the board.(12) A licensed massage therapy establishment shall comply with the Code of Ethics for Licensed Massage Therapy Establishments.(13) A licensed massage therapy establishment shall comply with all state, federal, and local laws.(14) A licensed massage therapy establishment which provides only on-site or out-call massage therapy services and which does not provide any massage therapy services on the premises of the massage therapy establishment may request exemption from the requirements of paragraph (1)(c), (d), (h) and (i).Ala. Admin. Code r. 532-X-4-.02
Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 109 days, 1/7/2025 (Emergency).Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 11/14/2024.Author: Alabama Massage Therapy Licensing Board
Statutory Authority:Code of Ala.1975, § 34-43A-6