chapter-532-x-1•Alabama Administrative Code Chapter 532-X-1 — Organization And Administration
Alabama Administrative Code Chapter 532-X-1 — Organization And Administration
chapter-532-x-1Ala. Admin. Code ch. 532-X-1Regulation
532 Massage Therapy Licensing Board, Alabama
Ala. Admin. Code r. 532-X-1-.01 Implementation Of Alabama Massage Therapy Licensing Act
The Alabama Massage Therapy Licensing Act, Code of Ala. 1975, §§34-43A-1, et seq. provides that licensure is required for any person practicing or offering to practice massage therapy in this state, unless otherwise exempt by law. The act creates a Massage Therapy Licensing Board with regulatory authority, dictates the Board's composition and qualifications, methods of appointment and term of office. The act specifies Board functions and duties thus providing for the implementation of the Massage Therapy Licensing Act through the adoption of rules.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-1, et seq.
- New Rule: Filed January 29, 2001; effective March 5, 2001. Repealed and New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.02 Composition Of The Board
(1) The Alabama Massage Therapy Licensing Board is composed of seven (7) licensed massage therapists and two at large members.
(a) Three of the licensed massage therapists are to be appointed by the Governor.
(b) Two of the licensed massage therapists are to be appointed by the Lieutenant Governor.
(c) Two of the licensed massage therapists are to be appointed by the Speaker of the Alabama House of Representatives.
(d) One of the at large members is to be appointed by the Lieutenant Governor from a list of three individuals submitted by the Minority Leader of the Alabama Senate.
(e) One of the at large members is to be appointed by the Speaker of the Alabama House of Representatives from a list of three individuals submitted by the Minority Leader of the Alabama House of Representatives.
(2) The at large members shall not, at any time, have had a financial interest in the massage therapy profession.
(3) One of the at large members shall have extensive knowledge of sex trafficking and related law enforcement efforts to defeat sex trafficking.
(4) 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.
(5) 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, successor terms shall be appointed for terms of four years, expiring on June 30.
(6) No member can serve more than two consecutive terms.
(7) 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.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-5.
- New Rule: Filed January 29, 2001; effective March 5, 2001. Amended: Filed November 9, 2006; effective December 14, 2006. Amended: Filed February 10, 2012; effective March 16, 2012. Amended: Published September 29, 2023; effective November 13, 2023. Repealed and New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.03 Officers Of The Board
(1) The Board shall elect from its members a chair and vice chair. Following the Board’s initial meeting in 2024, the election of officers shall be held at the November meeting each year.
(2) The vice chair shall fill any vacancy in the office of the president. The chair shall appoint a member to fill a vacancy in the office of vice chair. The chair’s appointment is subject to Board approval.
(3) The duties of the officers shall be as follows:
(a) The chair shall preside at meetings of the Board, appoint members to serve on committees as may be created, and serve as ex officio member of all committees.
(b) The vice chair shall preside in the absence of the chair and shall assume the duties of the chair when necessary.
(4) The elected officers of the Board comprise the Board’s Executive Committee. The Executive Committee is responsible for:
(a) Approving the Board meeting agenda with the executive officer.
(b) Facilitating evaluation of the Executive Officer.
(c) Assuring Board representation at legislative hearings, meetings, sunset reviews, and requested public presentations.
(d) Participation in orientation of newly appointed Board members.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43-5
- New Rule: Filed January 29, 2001; effective March 5, 2001. Amended: Filed November 9, 2006; effective December 14, 2006. Repealed and New Rule: Published September 30, 2024; effective November 14, 2024. Amended: Published September 30, 2025; effective November 14, 2025.
Ala. Admin. Code r. 532-X-1-.04 Meetings Of The Board
(1) The Board shall meet at least twice per year, including an annual meeting in November of each year, and ascertain the presence of a quorum of a majority of the current appointed Board members prior to conducting the business of the Board. The Board may hold additional meetings at the discretion of the chair and four additional members of the Board.
(a) Meeting notices shall be posted on the Secretary of State’s web site as required by the Alabama Open Meetings Act.
(b) The Board may post meetings on the Board’s website.
(2) A majority of the current appointed members of the Board shall constitute a quorum at any meeting.
(3) Requests to present information to the Board during a Board meeting shall be directed to the Executive Officer at least fourteen days prior to the meeting.
(4) The executive director employed by the Board shall keep a record of all meetings. The minutes shall be transcribed and presented for approval or amendment at the next regular meeting.
The minutes or a true copy thereof, certified by a majority of the Board, shall be open to public inspection. The minutes shall reflect:
(a) The time and place of each meeting of the Board.
(b) Announcement of a quorum.
(c) A statement of compliance with the Alabama Open Meetings Act.
(d) Names of the Board members present and those who may be absent.
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Late arrivals or early departures shall be documented in the minutes.
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Any Board member’s absence during deliberation or action on agenda items.
(e) All official acts of the Board.
(f) The vote of the individual Board members except when the votes are unanimous. When requested by a dissenting Board member, specific reasons for the dissenting vote shall be recorded in the minutes.
(5) A roll call vote may be taken upon the request of a Board member.
(6) All meetings of the Board shall be held in compliance with the Alabama Open Meetings Act.
(7) Meetings of the Board, except executive sessions, may be openly recorded provided the recording does not disrupt the conduct of the meeting. Requests to record Board meetings, or portions thereof, shall be directed to the executive director at least 15 minutes prior to the beginning of the meeting to allow assistance with placement of equipment and personnel. Any disruption in the conduct of the meeting shall be addressed by either the executive director, the chair, or the Board members.
(8) 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.
(9) Board meetings shall be conducted in accord with Robert’s Rules of Order except as provided by law.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-5
- New Rule: Published September 30, 2024; effective November 14, 2024. Amended: Published September 30, 2025; effective November 14, 2025.
Ala. Admin. Code r. 532-X-1-.05 Information
Members of the general public may obtain information, make submissions or requests to the Executive Director, Alabama Massage Therapy Licensing Board, P.O. Box 301011, Montgomery, Alabama 36130.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §§34-43A-6, 41-22-4.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.06 Rules
All rules of the Board shall be adopted, amended or repealed in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, §§41-22-1, et seq.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §§34-43A-6(a)(6), 41-22-5.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.07 Petition For Adoption, Amendment, Or Repeal Of A Rule
(1) Any interested person may petition the Board requesting the adoption of a new rule or the amendment or repeal of an existing rule. The petition shall be in writing and shall include:
(a) The name and address of the petitioner.
(b) An exact statement of the proposed additional rule or amendment or identification of the rule to be repealed.
(c) The pertinent facts, data, opinions, or arguments in support of the petitioner's position.
(2) Within sixty days after submission of a petition, the Board shall initiate rule-making proceedings or shall deny the petition in writing on the merits, stating its reasons for the denial; provided, however, that the Board may by written notice extend said period for thirty days when a regularly scheduled meeting occurs beyond the 60-day period.
(3) A petition requesting adoption, amendment, or repeal of a rule shall not be considered by the Board if the subject of the petition is the same or similar to the subject presented in another petition considered by the Board within the previous twelve months.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §41-22-8.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.08 Declaratory Rulings
Any person(s) substantially affected by a rule may petition the Board for a declaratory ruling with respect to the validity of a rule or the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the Board.
(1) The petition shall be in writing and shall include:
(a) The name and address of the petitioner.
(b) A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule.
(c) The rule, statute or order and the reasons for the questions.
(2) Failure of the Board to issue a declaratory ruling within forty-five days of date of receipt of request shall constitute a denial of the request.
(3) Circumstances in which rulings shall not be issued include but are not necessarily limited to:
(a) Lack of jurisdiction.
(b) Lack of clarity of the issue presented.
(c) No clear answer is determinable.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §41-22-11.
- New Rule: Published September 30, 2024; effective November 14, 2024. Amended: Published September 30, 2025; effective November 14, 2025.
Ala. Admin. Code r. 532-X-1-.09 Public Inspection Of Rules
(1) All rules and other written statements of policy or interpretations formulated, adopted or used by the Board in the discharge of its functions shall be made available for public inspection and copying.
(2) All final orders, decisions and opinions of the Board shall be available for public inspection and copying except those expressly made confidential or privileged by statute or order of the court.
(3) Public records referenced in this rule may be obtained using the process described in rule 532-X-1-.10 and subject to the fees described in rule 532-X-1-.11.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §41-22-4.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.10 Public Records And Rosters
(1) The minutes of the Board, except those portions authorized by law to be kept confidential, the name of licensees, and other records determined to be public, shall be open to public inspection.
(2) Members of the public who wish to either examine or obtain a public record(s) may do so in accordance with the following:
(a) The examination of a public record(s) shall be in the office of the Board and under the supervision of the executive officer or an authorized designee.
(b)Public records may be requested using the Board's public records request form. Questions may be directed to the Board's public records coordinator.
(c) A fee shall be assessed for costs incurred in searching and producing records as described in rule 532-X-1-.11.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-6.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.11 Schedule Of Fees
(1) Fees and fines are non-refundable.
(2) Fees are valid for 12 months from date of receipt.
(3) Fees and fines may be paid by electronic means using a credit or debit card, if available. Other means of payment may be cashier’s check, business check, money order, or certified check. The board may, at its discretion and subject to established guidelines, require that a single fee be paid by a combination of both electronic and other means.
(4) Personal checks are only acceptable when the individual applicant's or licensee’s name is imprinted on the check. Personal checks that are not acceptable forms of payment are:
(a) Counter checks.
(b) Third-party checks.
(c) Any check from an out-of-state bank.
(d) Fines.
(5) Payment, regardless of method, that is not honored by the financial institution may result in disciplinary action and reporting to the appropriate authorities for prosecution.
(6) At its discretion, the Board may require that a fee or fine be paid using certified funds.
(7) The statutory bad check charge applies to any personal check returned by the financial institution for insufficient funds.
(8) The following schedule of fees and charges shall apply:
(a) One hundred fifty dollars ($150) for an initial massage therapist license.
(b) One hundred twenty-five dollars ($125) for a biennial license renewal postmarked or received at the office of the board on or before the expiration date of the license.
(c) Three hundred fifty dollars ($350) for an initial, and two hundred fifty dollars ($250) for any renewal of, a massage therapy establishment license.
(d) Two hundred fifty dollars ($250) for an initial registration, and any renewal registration, as a massage therapy school in this state.
(e) One hundred dollars ($100) to register and renew registration as a massage therapy instructor in this state.
(f) One hundred and seventy-five dollars ($175) to reactivate an expired license.
(h) Thirty dollars ($30) for a duplicate license certificate or a name change on a license certificate.
(9) The following necessary administrative fees shall be charged by the board:
(a) Public records requests:
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Document retrieval and preparation: $5.00 for the first hour or any portion thereof $20.00 per each additional hour or any portion thereof
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per page fees: $0.50 per page for copies produced on standard 8.5 X 11 paper
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Actual costs: Any costs incurred while processing or responding to a request, including but not limited to hardware necessary for producing electronic records, specialty paper, and costs incurred to search electronic databases.
(b) Fifty dollars ($50) for a roster (name and license number only)
(c) Actual current cost for a state and federal criminal history background check
(d) Fifty dollars ($50) for a Temporary Supervisory Permit
(e) Thirty-five dollars ($35) for verification of licensure.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-12.
- New Rule: Published September 30, 2024; effective November 14, 2024. Amended: Published September 30, 2025; effective November 14, 2025.
Ala. Admin. Code r. 532-X-1-.12 Notice Requirements
(1) The applicant or holder of any license, registration or approval issued by the board shall notify the Board in writing of any requested name change. Appropriate legal documents shall be submitted prior to changing the name. The legal documents required for a name change are one of the following:
(a) Marriage certificate.
(b) Divorce decree substantiating the name change.
(c) Probate court records effecting a legal name change.
(2) The applicant or holder of any license, registration or approval issued by the board shall notify the Board in writing of any change in the reported address. The address of record is the last known address provided to the Board. Establishments shall further comply with standards for address changes of licensed massage therapy establishments.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §§34-43A-6.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.13 Verification Of Licensure
Upon receipt of an electronic written request and payment of the required fee, the Board’s designee shall provide written verification of Alabama licensure.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-6.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.14 Board Business To Be Conducted In English
All business of or with the Alabama Massage Therapy Licensing Board, including, but not limited to, submission of applications and supporting documentation, shall be conducted in English.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-6.
- New Rule: Published September 30, 2024; effective November 14, 2024.
Ala. Admin. Code r. 532-X-1-.15 Extensions of Renewal
In his or her discretion, the Executive Officer or a designee may grant an extension of renewal to any class of individuals or entities licensed, accredited, or registered by the board.
History
- Author: Alabama Massage Therapy Licensing Board
- Authority: Code of Ala. 1975, §34-43A-6.
- New Rule: Published September 30, 2024; effective November 14, 2024. Amended: Published January 31, 2025; effective March 17, 2025.
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