Section 34-43A-13 - Complaints; grounds for suspension, revocation, etc., of license; penalties; rulemaking authority(a) Any individual may file with the board a written complaint regarding an allegation of impropriety by a massage therapist, massage therapy establishment, or other individual. Complaints shall be made in the manner prescribed by the board. Complaints received by the board shall be referred to a standing investigative committee consisting of a board member, the board attorney, and the board investigator. If no probable cause is found, the investigative committee may dismiss the charges and prepare a statement, in writing, of the reasons for that decision.(b) If probable cause is found, the board shall initiate an administrative proceeding. Upon a finding that the licensee 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 license for a massage therapist or a massage therapy establishment.(3) The licensee has engaged in unprofessional conduct that has endangered or is likely to endanger the health, safety, and welfare of the public, as defined by the rules of the board.(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 this chapter.(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 engaged in false, deceptive, or misleading advertising.(9) The licensee engaged in or attempted to or offered to engage a client in sexual activity, including, but not limited to, genital contact, within the client-massage therapist relationship.(10) The licensee has knowingly allowed the massage therapy establishment to be used as an overnight sleeping accommodation.(11) The licensee had a license revoked, suspended, or denied in any other territory or jurisdiction of the United States for any act described in this section.(12) The applicant or licensee was convicted of impersonating a massage therapist in another jurisdiction.(c)(1) Subsequent to an official complaint, and for other requirements established by this chapter, including for the purpose of determining an applicant's suitability for a license or the renewal of a license to practice massage therapy, the board may request a criminal history background check of the licensee. Each applicant shall submit a complete set of fingerprints and a form, sworn to by the applicant, providing written consent from the applicant for the release of criminal history background check information to the board.(2) The board shall submit the fingerprints and form provided by each applicant to the Alabama State Law Enforcement Agency (ALEA). The applicant may be fingerprinted by ALEA at the time of the form submission. ALEA shall conduct a check of state records and forward the fingerprints to the FBI for a national criminal history background check.(3) The results of the state and national criminal history background check records shall be returned to the board by ALEA.(4) The board shall reimburse ALEA for conducting criminal history background checks according to the fee schedule adopted by the Alabama Justice Information Commission.(5) Any criminal history background check reports received by the board from ALEA shall be marked confidential and shall not be disclosed or made available for public inspection. All criminal history background check reports received pursuant to this section are specifically excluded from any requirement of public disclosure as a public record. Reports received may only be used for the purposes described in this chapter. All information provided is subject to the rules established by the Alabama Justice Information Commission and Public Law 92-544. An individual that uses a criminal history background check report for purposes other than those provided in this chapter may be subject to criminal charges under Sections 41-9-601 and 41-9-602.(d) An individual governed by this chapter, who has a reasonable belief that another massage therapist has violated this chapter, shall inform the board in writing within 30 calendar days after the date the individual discovers this activity. Upon finding that an individual has violated this subsection by not informing the board as required, the board may do any of the following: a. Impose an administrative fine of not more than ten thousand dollars ($10,000) according to a disciplinary infraction fine schedule adopted by rule of the board.b. Suspend or revoke the individual's license to practice massage therapy.(e) The license of any individual who has been convicted of, or has entered a plea of nolo contendere to, a crime or offense involving prostitution or any other type of sexual offense shall be permanently revoked by the board according to the Administrative Procedures Act.(f) The massage therapy establishment license of any massage therapy establishment wherein an individual has been convicted of, or entered a plea of nolo contendere to, an offense involving prostitution or any other type of sexual offense against a client, or which the board determines is a sexually-oriented business, shall be permanently revoked by the board according to the Administrative Procedures Act.(g)(1) Upon a finding that an individual, who is governed by this chapter, has performed massage therapy without having obtained a license, the board may do any of the following:a. Impose an administrative fine of not more than ten thousand dollars ($10,000).b. Issue a cease and desist order.c. Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.(2) Any individual aggrieved by any adverse action of the board may appeal the action to the Circuit Court of Montgomery County.(h) The board shall present any incident deemed serious misconduct by the board to the local district attorney for review and appropriate legal action.(i) The board may adopt rules to implement and administer this section.Ala. Code § 34-43A-13 (1975)
Added by Act 2024-361,§ 3, eff. 6/1/2024.