Section 34-43A-5 - Alabama Massage Therapy Licensing Board(a)(1) There is created the . The purpose of the board is to protect the health, safety, and welfare of the public by ensuring that massage therapists, massage therapy schools, and massage therapy instructors meet prescribed standards of education, competency, and practice. To accomplish this mission, the board shall establish standards to ensure completion of all board functions in a timely and effective manner and to provide open and immediate access to all relevant public information. The board shall communicate its responsibilities and services to the public as part of its consumer protection duties. The board shall develop and implement a long range plan to ensure effective regulation and consumer protection.(2) All rights, duties, records, property, real or personal, and all other effects existing in the name of the Alabama Board of Massage Therapy, formerly created and functioning pursuant to Chapter 43, or in any other name by which that board has been known, shall continue in the name of the . Any reference to the former Alabama Board of Massage Therapy, or any other name by which that board has been known, in any existing law, contract, or other instrument shall constitute a reference to the as created in this chapter. All actions of the former Alabama Board of Massage Therapy or the executive director of the former board done prior to June 1, 2024, are approved, ratified, and confirmed.(3) The status of any individual or entity properly licensed, accredited, or registered by the former Alabama Board of Massage Therapy on June 1, 2024, shall continue under the jurisdiction of the . Any license, accreditation, or registration subject to renewal on or before October 1, 2024, pursuant to this chapter may be temporarily extended by six months unless and until otherwise provided by rule of the board.(b)(1) The board shall consist of the following nine members: a. Three active licensees appointed by the Governor.b. Two active licensees appointed by the Lieutenant Governor and one at-large member appointed by the Lieutenant Governor.c. Two active licensees appointed by the Speaker of the House of Representatives and one at-large member appointed by the Speaker of the House of Representatives.(2) The seven active massage therapist licensee members of the board shall be appointed so that not more than one active licensee member from each United States Congressional District in the state is appointed to serve at the same time. The two members appointed from the state at large shall have never been licensed as massage therapists nor have had any direct financial interest in the massage therapy profession. One of the at-large members shall have extensive knowledge of sex trafficking and related law enforcement efforts to defeat sex trafficking. The at-large member appointed by the Lieutenant Governor and the at-large member appointed by the Speaker of the House of Representatives shall be appointed from a list of three names each provided by the Minority Leader of the Senate and the Minority Leader of the House of Representatives, respectively. The appointing authorities shall coordinate their appointments to assure the board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.(3) The members initially appointed to the board shall be appointed not later than July 1, 2024. Each board member shall be selected upon personal merit and qualifications, not per membership or affiliation with an association. Each board member shall be a citizen of the United States and a resident of this state for two years immediately preceding appointment. No member of the board shall serve more than two full consecutive terms.(c) Of the initial nine appointees to the board, three members shall be appointed for terms of two years, three members shall be appointed for terms of three years, and three members shall be appointed for terms of four years as determined by lottery. Thereafter, successors shall be appointed for terms of four years, each term expiring on June 30.(d) Vacancies on the board occurring prior to the expiration of a term shall be filled by the original appointing authority within 30 days after the vacancy, to serve for the remainder of the unexpired term. Each member of the board shall serve until his or her successor has been duly appointed and qualified.(e) The board shall hold its first meeting within 30 days after the initial members are appointed. At the first meeting, and annually thereafter in the month of October, the board shall elect a chair and a vice chair from its membership. The board shall hold two biannual meetings for the purpose of reviewing license applications. The board may hold additional meetings at the discretion of the chair and four members of the board. A quorum of the board shall be a majority of the current appointed board members. Upon the written request of any individual, submitted to the board at least 24 hours in advance of a scheduled meeting, the meeting shall be recorded electronically, and a copy of the recording shall be made available, upon request, for 30 calendar days following the date of the recording.(f) Board members shall not receive compensation for their services, but shall receive the same per diem and allowance as provided to state employees for each day the board meets and conducts business.(g)(1) Commencing on September 30, 2026, the board may employ, and at its pleasure discharge, an executive director in the unclassified service, officers, and employees subject to the state Merit System as necessary to implement this chapter.(2) When necessary, the board may retain outside counsel who satisfies the qualifications required of a deputy attorney general.(h) An affirmative vote of a majority of the members of the board shall be required to grant, suspend, or revoke a license to practice massage therapy or a license to operate a massage therapy establishment.(i) The board shall be financed only from income accruing to the board from fees, licenses, other charges and funds collected by the board, and any monies that are appropriated to the board by the Legislature.(j) A board member may be removed at the request of the board for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, permanent inability to perform official duties, or failing to attend two consecutive properly noticed meetings within a one-year period.(k) Members of the board are immune from liability for all good faith acts performed in the execution of their duties as members of the board.(l) Appointees to the board shall take the constitutional oath of office and shall file the oath in the office of the Governor before undertaking any duties as a board member. Upon receiving the oath, the Governor shall issue a certificate of appointment to each appointee.Ala. Code § 34-43A-5 (1975)
Added by Act 2024-361,§ 3, eff. 6/1/2024.