Ala. Admin. Code r. 532-X-5-.03

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

Section 532-X-5-.03 - [Effective 11/14/2024] Prohibited Acts

(1) 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 advertising.

(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 statutes.

(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 relationship.

(e) making deceptive, untrue, or fraudulent representations in the practice of massage therapy.

(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 suspended license.

(i) teaching 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 purposes.

(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 establishment.

(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.

(2) 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.

(b) 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 conditions.

(d) failing to maintain premises, supplies, and equipment of the massage therapy establishment in a clean and sanitary condition.

(e) 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 advertising.

Ala. Admin. Code r. 532-X-5-.03

New Rule: Filed May 19, 2004; effective 6/23/2004.

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 110 days, 1/8/2025 (Emergency).

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 11/14/2024.

Author: Keith E. Warren

Statutory Authority:Code of Ala. 1975, § 34-43-15.