Practice Act
Chapter 86
Massage Therapists
Subchapter 1 — General Provisions
Subchapter 2 — Arkansas State Board of Massage Therapy
Subchapter 3 — Registration
Subchapter 1
— General Provisions
17-86-101. Short title.
17-86-102. Definitions.
17-86-103. Penalties.
17-86-101. Short title.
This chapter may be referred to and cited as the “Massage Therapy Act”.
History. Acts 1981, No. 875, § 1; A.S.A. 1947, § 72-1201; Acts 1991, No. 1217, § 1.
17-86-102. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Board” means the Arkansas State Board of Massage Therapy;
(2) “Licensee” means any individual licensed under this chapter;
(3) (A) “Massage therapist” means a person who has:
(i) Earned a diploma from a board-accepted school of massage therapy;
(ii) Passed an examination required by the Arkansas State Board of
Massage Therapy; and
(iii) Become licensed and registered to practice massage therapy .
(B) “Massage therapist” includes a person who has previously obtained the
massage therapist license under prior state law.
(C) A massage therapist may:
(i) Instruct board-approved continuing education programs; and
(ii) Assist in the instruction of the procedures defined in subdivisions
(4)(A)-(C) of this section under the direct supervision of a massage therapy instructor or master
massage therapist;
(4) (A) “Massage therapy” means the treatment of soft tissues, which may include skin,
fascia, and muscles and their dysfunctions for therapeutic purposes of establishing and
maintaining good physical condition, comfort, and relief of pain.
(B) “Massage therapy” is a health care service that includes gliding, kneading,
percussion, compression, vibration, friction, nerve strokes, and stretching the tissue.
(C) “Massage therapy” also means to engage in the practice of any of the
following procedures:
(i) Massage therapy techniques and procedures, either hands-on or with
mechanical devices;
(ii) Therapeutic application and use of oils, herbal or chemical
preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa
services;
(iii) Therapeutic application of hot or cold packs;
(iv) Hydrotherapy techniques;
(v) Heliotherapy, which may include mechanical devices, heat lamps, and
other devices;
(vi) Electrotherapy; and
(vii) Any hands-on bodywork techniques and procedures rising to the
level of the techniques and procedures intended to be regulated under this chapter and not
covered under specific licensing laws of other boards;
(5) “Massage therapy clinic” means a clinic, place, premises, building, or part of a
building in which a branch or any combination of branches of massage therapy or the occupation
of a massage therapist is practiced;
(6) (A) “Massage therapy instructor” means a person who:
(i) Before July 1, 2010, has completed no fewer than two hundred fifty
(250) hours of practical experience as a master massage therapist, which may be gained, in part
or in whole, as an assistant to an instructor in a massage school or may be gained, in part or in
whole, as a directed instructor in a massage school and has completed no less than two hundred
fifty (250) continuing education hours as approved by the board;
(ii) On or after July 1, 2010, has been an active and practicing licensee
and registered as a master massage therapist for a period of not less than three (3) years
preceding the application for an upgrade to massage therapy instructor;
(iii) On or after July 1, 2010, in addition to the experience under
subdivision (6)(A)(i) of this section, has completed no fewer than two hundred fifty (250)
continuing education hours as approved by the board as a licensed master massage therapist; and
(iv) Is determined by the board to be qualified to be licensed and
registered to practice massage therapy.
(B) “Massage therapy instructor” includes a person who has previously obtained
the massage therapy instructor license under prior state law.
(C) Massage therapy instructors may:
(i) Instruct board-approved continuing education programs;
(ii) Instruct any of the procedures in subdivision (4) of this section; and
(iii) Instruct basic curricula in a board-registered massage therapy school
as required by § 17-86-306(e);
(7) “Massage therapy school” means a registered and licensed facility that meets and
follows the required educational standards as established by § 17-86-306 and all pertinent rules
established by the board;
(8) (A) “Master massage therapist” means a person who:
(i) Before July 1, 2010, is a licensed and registered massage therapist who
has completed no fewer than two hundred fifty (250) hours of practical experience as a massage
therapist, which may be gained in part or in whole as an assistant to an instructor in a massage
school and has completed no less than one hundred twenty-five (125) continuing education hours
as approved by the board;
(ii) On or after July 1, 2010, has been an active and practicing licensee
and registered as a massage therapist for a period of not less than two (2) years preceding the
application for an upgrade to master massage therapist;
(iii) On or after July 1, 2010, in addition to the experience under
subdivision (8)(A)(i) of this section, has completed no fewer than one hundred twenty-five (125)
continuing education hours as approved by the board; and
(iv) Is determined by the board to be qualified to be licensed and
registered to practice massage therapy.
(B) “Master massage therapist” includes a person who had previously obtained
the master massage therapist license under a prior state law.
(C) Master massage therapists may:
(i) Instruct board-approved continuing education programs;
(ii) Instruct any of the procedures in subdivision (4) of this section; and
(iii) Instruct, as directed by a massage therapy instructor, basic curricula
in a board-registered massage therapy school as required by § 17-86-306(e); and
(9) “This chapter” means the “Massage Therapy Act”, § 17-86-101 et seq.
History. Acts 1981, No. 875, § 2; A.S.A. 1947, § 72-1202; Acts 1991, No. 1217, § 1; 1993, No.
714, § 1; 1997, No. 840, § 1; 1999, No. 1461, § 1; 2009, No. 1305, § 1.
17-86-103. Penalties.
(a) Any person who shall violate any of the provisions of this chapter shall be found guilty
of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for
not more than six (6) months or by a fine not exceeding one thousand five hundred dollars
($1,500), or by both fine and imprisonment, at the discretion of the court.
(b) It shall be the duty of the prosecuting attorney in the county where the violation occurs,
upon request by the Arkansas State Board of Massage Therapy, to initiate proper legal
proceedings in a court of competent jurisdiction to enforce the provisions of this chapter.
(c) The courts of this state having general equity jurisdiction are vested with jurisdiction and
power to enjoin the unlawful practice of massage therapy and related techniques in a proceeding
by the board or by any citizen of this state in the county in which the alleged unlawful practice
occurred or in which the defendant resides or in Pulaski County. The issuance of an injunction
shall not relieve a person from criminal prosecution for violation of the provisions of this
chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.
History. Acts 1981, No. 875, § 18; A.S.A. 1947, § 72-1218; Acts 1991, No. 1217, § 1; 1999, No.
1461, § 2.
Subchapter 2
— Arkansas State Board of Massage Therapy
17-86-201. Members.
17-86-202. Officers and employees.
17-86-203. Powers and duties.
17-86-204. Records.
17-86-205. Disposition of funds.
17-86-201. Members.
(a) (1) The Arkansas State Board of Massage Therapy shall consist of seven (7) members,
who shall be appointed by the Governor for a term of three (3) years.
(2) (A) Six (6) of the members shall be licensees under this chapter. These members
shall be full voting members.
(B) Only two (2) of the members shall be owners of a massage therapy school.
(3) One (1) member, to represent the public, shall not be engaged in or retired from the
practice of massage therapy. This member shall be a full voting member.
(4) (A) A board member shall begin his or her appointed term on July 1, 2009.
(B) Board members appointed to their positions shall be selected in equal
apportionment from the congressional districts of the state as provided in § 25-16-801 and shall
be subject to confirmation by the Senate.
(C) A board position becomes vacant immediately when the member filling that
position moves to another state.
(D) (i) The initial terms of the appointed members of the board shall be
determined by lot so that three (3) members have a three-year term, two (2) members have a
two-year term, and two (2) members have a one-year term.
(ii) A person who has previously served on the board shall not be eligible
for an initial appointment.
(5) Board members shall not serve more than six (6) consecutive years on the board.
(b) The Governor may remove members of the board from office according to § 25-16-804.
The Governor shall fill any vacancy caused by the removal of any member of the board, by a
member's resignation or death, or upon the expiration of a member's term.
(c) (1) Members shall be paid and receive a fee of no less than fifty dollars ($50.00) per
diem for each day actually engaged in attending board meetings or performing other official
duties.
(2) All board members shall receive reimbursement for all reasonable and necessary
travel at the rate approved for state employees. Lodging and other expenses incurred in the
performance of their official duties will also be paid on the approved scale for state employees.
History. Acts 1981, No. 875, §§ 5, 6, 14; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5;
A.S.A. 1947, §§ 6-623 — 6-626, 72-1205, 72-1206, 72-1214; Acts 1991, No. 1217, § 1; 1993,
No. 250, § 158; 1993, No. 714, § 2; 1997, No. 250, § 158; 1997, No. 840, § 2; 1999, No. 1461,
§§ 3, 4; 1999, No. 1508, § 7(q); 2009, No. 1305, § 2.
17-86-202. Officers and employees.
(a) (1) (A) Arkansas State Board of Massage Therapy officers, elected by the board from
among their own members, shall be a president, a vice president, and a secretary.
(B) Election of an officer or officers shall take place during a regularly scheduled
board meeting or during a special nonconference call board meeting. An election to fill a
vacancy in an elected office will take place during the first regularly scheduled meeting or
during the first special nonconference call meeting immediately following the creation of the
vacancy.
(2) Board officers may be removed from their elected offices for failure to fulfill the
duties of their respective offices. Removal of such a board member from his or her elected office
will be considered in an executive session as provided by § 25-19-106. The executive session
will be called by the board during a regular or special nonconference call meeting. If a motion to
remove the board member from his or her elected office is arrived at in the executive session,
members will reconvene in accordance with § 25-19-106 in the public meeting to vote to remove
the board member from his or her elected office.
(b) The board is authorized to employ an executive director, regular or special counsel,
inspectors, clerks, secretaries, and other personnel as it may deem necessary to carry out the
provisions of this chapter. At no time shall the executive director, counsel, inspectors, clerks,
secretaries, and other personnel exceed ten (10) employees, and no employee of the board shall
be a board member, related by blood or marriage to any member of the board, be an employee of
a board member, or shall have any financial interest in the practice or instruction of massage
therapy.
History. Acts 1981, No. 875, §§ 6, 14; A.S.A. 1947, §§ 72-1206, 72-1214; Acts 1991, No. 1217,
§ 1; 1997, No. 840, § 3; 1999, No. 1461, § 5.
17-86-203. Powers and duties.
(a) (1) The Arkansas State Board of Massage Therapy may promulgate and enforce
reasonable rules for the purpose of carrying out this chapter.
(2) The Arkansas State Board of Massage Therapy shall follow the Arkansas
Administrative Procedure Act, § 25-15-201 et seq., as to “rule” and “rule-making” definitions
and for the adoption and filing of rules.
(3) For the purpose of governing health and safety, the rules shall meet minimum
requirements of the law and rules of the State Board of Health.
(b) (1) (A) The Arkansas State Board of Massage Therapy shall inspect or cause to be
inspected at least one (1) time each year all massage therapy schools operated in this state.
(B) The Arkansas State Board of Massage Therapy and its agents and employees
may enter and inspect any massage therapy clinic or school during any operating hours of the
business.
(2) The Arkansas State Board of Massage Therapy and its agents and employees shall
not request or be granted permission to enter any room of a massage therapy clinic or school in
which a client is receiving treatment from a licensee under this chapter.
(c) The Arkansas State Board of Massage Therapy may hold licensing examinations from
time to time at a place or places as the Arkansas State Board of Massage Therapy may designate.
(d) (1) The Arkansas State Board of Massage Therapy may require each original applicant
and each upgrade applicant for a license issued by the Arkansas State Board of Massage Therapy
to apply to the Identification Bureau of the Department of Arkansas State Police for a state and
federal criminal background check to be conducted by the Identification Bureau and the Federal
Bureau of Investigation;
(2) The state and federal criminal background check shall conform to applicable federal
standards and shall include the taking of fingerprints;
(3) The applicant shall sign a release of information to the Arkansas State Board of
Massage Therapy and shall be responsible for the payment of any fees associated with the state
and federal criminal background check;
(4) (A) Each applicant who has resided outside of Arkansas shall provide a state and
federal criminal background check, including the taking of fingerprints, issued by the state or
states in which the applicant resided.
(B) Results shall be sent directly to the Arkansas State Board of Massage
Therapy from the agency performing the state and federal criminal background check.
(e) (1) For purposes of this section, an applicant is not eligible to receive or hold a license
issued by the Arkansas State Board of Massage Therapy if the applicant has pleaded guilty or
nolo contendere to or been found guilty of a felony or Class A misdemeanor or any offense
involving fraud, theft, or dishonesty.
(2) A provision of this section may be waived by the Arkansas State Board of Massage
Therapy if:
(A) The conviction is for a Class A misdemeanor and:
(i) The completion of the applicant's sentence and probation or
completion of the applicant's sentence or probation of the offense is at least three (3) years from
the date of the application; and
(ii) The applicant has no criminal convictions during the three-year
period; or
(B) The conviction is for a felony of any classification and:
(i) The completion of the applicant's sentence and probation or the
completion of the applicant's sentence or probation of the offense is at least five (5) years from
the date of the application; and
(ii) The applicant has no criminal convictions during the five-year period.
(f) The Arkansas State Board of Massage Therapy may permit an applicant to be licensed
regardless of having been convicted of an offense listed in this section, upon making a
determination that the applicant does not pose a risk of harm to any person served by the
Arkansas State Board of Massage Therapy.
(g) In making a determination under subsection (f) of this section, the Arkansas State Board
of Massage Therapy may consider the following factors:
(1) The nature and severity of the crime;
(2) The consequences of the crime;
(3) The number and frequency of crimes;
(4) The relationship between the crime and the health, safety, and welfare of persons
served by the agency, such as:
(A) The age and vulnerability of victims of the crime;
(B) The harm suffered by the victim; and
(C) The similarity between the victim and persons served by the Arkansas State
Board of Massage Therapy;
(5) The time elapsed without a repeat of the same or similar event;
(6) Documentation of successful completion of training or rehabilitation pertinent to the
incident; and
(7) Any other information that bears on the applicant's ability to care for others or other
relevant information.
(h) If the Arkansas State Board of Massage Therapy waives the provisions of subsection (e)
of this section, the Arkansas State Board of Massage Therapy shall submit the reasons for
waiving this provision in writing and the determination and reasons shall be made available to
review.
History. Acts 1981, No. 875, §§ 5, 6; A.S.A. 1947, §§ 72-1205, 72-1206; Acts 1991, No. 1217,
§ 1; 1993, No. 714, § 3; 1997, No. 840, § 4; 1999, No. 1461, § 6; 2009, No. 1305, § 3.
17-86-204. Records.
(a) (1) The Executive Director of the Arkansas State Board of Massage Therapy shall
maintain a record book and computer file in which will be entered the names and addresses of all
persons to whom licenses have been granted under this chapter, the license number, and the
dates of granting such licenses and renewals thereof, and other matters of record.
(2) The executive director will move to a separate book and file the records of all
persons who have died, have let their licenses lapse for three (3) years, whose licenses have been
suspended or revoked by the Arkansas State Board of Massage Therapy, or cancelled by the
licensee.
(b) The record books and computer files so provided and maintained shall be deemed and
considered a book of records and files of records, and they will be kept in a timely manner. A
transcript of any record therein or a license number or date of granting such a license to a person
charged with a violation of any of the provisions of this chapter shall be admitted as evidence in
any of the courts of this state if certified under the hand of the executive director.
(c) The original books, records, and papers of the board shall be maintained at the offices of
the board.
(d) Copies of records may be furnished to any person requesting them upon payment of such
copying fee as the board may require and as Arkansas state laws and regulations permit.
However, licensing exams shall be exempt from the Freedom of Information Act of 1967, §
25-19-101 et seq.
History. Acts 1981, No. 875, § 13; A.S.A. 1947, § 72-1213; Acts 1991, No. 1217, § 1; 1997, No.
840, § 5; 1999, No. 1461, § 7.
17-86-205. Disposition of funds.
(a) All moneys remitted to the Arkansas State Board of Massage Therapy under this chapter
shall be accepted in the form of cashiers checks or money orders and made payable to the
Arkansas State Board of Massage Therapy. The Executive Director of the Arkansas State Board
of Massage Therapy shall deposit all such funds received in a timely manner in accordance with
laws of the State of Arkansas and regulations of the Department of Finance and Administration.
(b) All salaries and expenses of the board shall be paid from funds created by the various
fees charged by and remitted to the board under the provisions of this chapter.
History. Acts 1981, No. 875, §§ 14, 15; A.S.A. 1947, §§ 72-1214, 72-1215; Acts 1991, No.
1217, § 1; 1997, No. 840, § 6; 1999, No. 1461, § 8.
Subchapter 3
— Registration
17-86-301. Registration required — Exemptions.
17-86-302. Sanitary requirements.
17-86-303. Massage therapist.
17-86-304. Master massage therapist.
17-86-305. Massage therapy instructor.
17-86-306. Massage therapy school.
17-86-307. Massage therapy clinic.
17-86-308. Reciprocity.
17-86-309. Renewals — Inactive list — Continuing education.
17-86-310. Display of license.
17-86-311. Disciplinary actions and penalties.
17-86-312. Fees.
17-86-313. Grandfather clause — Ability to upgrade status.
17-86-301. Registration required — Exemptions.
(a) It shall be unlawful:
(1) (A) For any person who does not hold a valid license to use the following titles:
massage therapist, massage practitioner, myotherapist, masso therapist, massage technologist,
masseur, masseuse, therapy technologist, master massage therapist, massage therapy instructor,
or any derivation of those titles or to advertise such titles; or
(B) For any person who does not hold the applicable license issued by the
Arkansas State Board of Massage Therapy to engage professionally for payment, barter,
donation, or exchange in the practice or instruction of massage therapy as defined in this chapter;
(2) For any person to operate or conduct any massage therapy clinic or massage therapy
school which does not conform to the sanitary regulations contained in § 17-86-302, in state law,
in local ordinances, or in those rules and regulations which may be adopted by the board;
(3) To employ any person to practice or instruct under this chapter who does not hold a
valid license issued by the board;
(4) For any person to operate a massage therapy school or clinic without its first being
registered under the provisions of this chapter as a licensed massage therapy school or registered
clinic; or
(5) For the board or other individual or entity to incorporate privileges or certification
requirements of any private organization, private professional association, or private accrediting
agency within Arkansas massage laws or its rules and regulations. However, the board may
adopt as its licensure exam an exam drafted and administered by a private organization, private
professional association, or private accreditation agency.
(b) Exemptions:
(1) Persons authorized by the laws of this state to practice medicine, osteopathy,
podiatry, or physical therapy, and licensed physicians' assistants, licensed nurses, licensed
physical therapy assistants, licensed acupuncturists, licensed midwives, and chiropractors are
exempt from this chapter in so far as massage therapy practices are offered or instructed within
the scope and under the provisions of licensure;
(2) Persons authorized by the board to present and instruct board-approved school
curriculum or continuing education programs, or both, may present and instruct such
board-approved curriculum and programs for payment and in the presentation and instruction
may utilize practices defined in, but without being licensed or registered under, the provisions of
this chapter; and
(3) The practice of massage therapy that is incidental to a program of study by students
enrolled in a licensed massage therapy school approved by the board, and under direct
supervision of a licensee employed as an instructor at the school, is exempt from §
17-86-311(a)(10).
(c) (1) A licensee shall notify the board in writing of any change of name, address, phone
number, or place of employment.
(2) If a name change is requested, a new license shall be issued in the new name at the
next renewal date or immediately for a fee not to exceed twenty dollars ($20.00) for printing of a
new license.
(3) Valid government-issued photo identification is required for each name change
request.
History. Acts 1981, No. 875, §§ 3, 4; A.S.A. 1947, §§ 72-1203, 72-1204; Acts 1991, No. 1217,
§ 1; 1993, No. 714, § 4; 1995, No. 466, § 1; 1997, No. 840, § 7; 1999, No. 1461, § 9; 2009, No.
1305, § 4.
17-86-302. Sanitary requirements.
(a) It shall be unlawful for any person or school to be licensed or any clinic to be operated
under the provisions of this chapter unless the following requirements are met and practiced:
(1) A sink for hand washing with hot and cold running water and soap must be
accessible;
(2) A restroom must be accessible;
(3) A towel or sheet that has been used by one (1) client may not be used on another
person unless the towel or sheet has been relaundered;
(4) Anyone who has any infectious, contagious, or communicable disease which may be
spread by airborne, droplet, contact, or indirect methods and who is in contact with the public
must not practice until all risk of disease transmission is cleared. Any employee with such a
disease must be immediately relieved from duty until all risk of disease transmission is cleared;
(5) A school or clinic must be equipped with a massage table or tables or a massage
chair or chairs or equipped with such standard equipment dictated by the practice engaged in as
defined in § 17-86-102; and
(6) A clinic or school must comply with all requirements of the Department of Health,
city ordinances, and state laws.
(b) Failure to comply with any of the requirements as set forth by this section will be
grounds for suspension or revocation of license.
History. Acts 1981, No. 875, § 11; A.S.A. 1947, § 72-1211; Acts 1991, No. 1217, § 1; 1993, No.
714, § 5; 1997, No. 840, § 8; 1999, No. 1461, § 10.
17-86-303. Massage therapist.
(a) In order to be licensed as a massage therapist, the person seeking licensure shall:
(1) Furnish to the Arkansas State Board of Massage Therapy satisfactory proof that he or
she is eighteen (18) years of age or older and of good moral character;
(2) Make oath that he or she has not been convicted of or found guilty of or entered a
plea of guilty or nolo contendere to any offense that would constitute a felony or constitute the
offense of prostitution, either in this state or the United States, and submit a signed authorization
to investigate and have information released to the board;
(3) Present a high school diploma, graduate equivalency diploma, or college transcript
and credentials issued by a board-accepted massage therapy school or a like institution with no
fewer than five hundred (500) in-classroom hours of instruction;
(4) Furnish to the board satisfactory proof of passing an examination recognized and
approved by the board;
(5) Present a negative test for tuberculosis. The tuberculosis test must be current at the
time of licensure; and
(6) Pay the specified fees, which shall accompany a completed notarized application to
the board.
(b) Fees are as follows:
(1) Application fee . . . . . $75.00
(2) Original license fee . . . . . 80.00
(3) Biennial renewal . . . . . 80.00
(4) Examination fee or reexamination fee . . . . . 25.00
(5) Duplicate license fee . . . . . 10.00
(6) Pocket card fee not to exceed ten dollars . . . . . 10.00
(c) A person shall not practice massage therapy until his or her official license has been
received from the board.
(d) A person who attempts to procure or does procure a license in violation of this section
shall be subject to the penalties provided for in § 17-86-103.
History. Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217,
§ 1; 1993, No. 714, § 6; 1993, No. 1219, § 26; 1997, No. 840, § 9; 1999, No. 1461, § 11; 2009,
No. 1305, § 5.
17-86-304. Master massage therapist.
(a) Any person who holds a license as a massage therapist issued by the Arkansas State
Board of Massage Therapy and who submits satisfactory evidence to the board that he or she has
completed and meets the requirements stated in § 17-86-102(3) is entitled to be upgraded to
master massage therapist.
(b) Each application for upgrade to master massage therapist shall be considered a new
application for purposes of criminal background checks.
(c) Fees are as follows:
(1) Application fee . . . . . $75.00
(2) Original license fee . . . . . 80.00
(3) Biennial renewal fee . . . . . 80.00
(4) Duplicate license fee . . . . . 10.00
(5) Pocket card fee not to exceed ten dollars . . . . . 10.00
History. Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217,
§ 1; 1993, No. 714, § 7; 1997, No. 840, § 10; 1999, No. 1461, § 12; 2009, No. 1305, § 6.
17-86-305. Massage therapy instructor.
(a) Any person who holds a license as a master massage therapist issued by the Arkansas
State Board of Massage Therapy and who submits satisfactory evidence to the board that he or
she has successfully completed and meets the requirements stated in § 17-86-102(8) shall be
entitled to be upgraded to massage therapy instructor.
(b) Each application for upgrade to massage therapy instructor is considered a new
application for purposes of criminal background checks.
(c) Fees are as follows:
(1) Application fee . . . . . $75.00
(2) Original license fee . . . . . 80.00
(3) Biennial renewal fee . . . . . 80.00
(4) Duplicate license fee . . . . . 10.00
(5) Pocket card fee not to exceed ten dollars . . . . . 10.00
History. Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217,
§ 1; 1993, No. 714, § 8; 1997, No. 840, § 11; 1999, No. 1461, § 13; 2009, No. 1305, § 7.
17-86-306. Massage therapy school.
(a) A person shall not establish, operate, or maintain a massage therapy school without first
having obtained a certificate of massage therapy school licensure issued by the Arkansas State
Board of Massage Therapy.
(b) A massage therapy school shall not be approved by the board or granted a certificate of
licensure until the appropriate application and inspection forms as prescribed by the board have
been completed and approved and the licensure fee has been paid.
(c) (1) Inspection of the school premises will be made by a board member and required
forms completed and returned to the Executive Director of the Arkansas State Board of Massage
Therapy with approval or recommendations.
(2) Should the school facilities not pass the first inspection and, after recommendations,
failures are corrected, a second inspection will be made within thirty (30) days to determine the
school's eligibility.
(d) (1) Schools shall require a physical examination by a medical doctor that the student
poses no health risk to give and receive massage and a tuberculosis test verifying that the
licensee is free from contagious tuberculosis.
(2) The school shall be required to maintain proof of the examination and the
tuberculosis test and furnish additional information and documents as may be required by the
board or its appointee during the inspection.
(e) The board may certify the school and provide for licensure thereof if the school follows a
curriculum approved by the board consisting of not fewer than five hundred (500) hours of
in-classroom instruction over a term of not fewer than four (4) months consisting of the
following subjects:
(1) One hundred seventy-five (175) hours of anatomy, physiology, pathology, and
contraindications to massage therapy;
(2) Two hundred twenty-five (225) hours of technique;
(3) Twenty-five (25) hours of hydrotherapy, electrotherapy, and heliotherapy;
(4) Twenty-five (25) hours of hygiene and infection control;
(5) Twenty-five (25) hours of massage therapy law, business management, and
professional ethics; and
(6) Twenty-five (25) hours of related subjects as approved by the board.
(f) (1) The fee for establishing a school shall not exceed one thousand dollars ($1,000).
(2) The initial inspection fee for each school shall not exceed one hundred dollars
($100).
(3) The annual renewal and inspection fee for each school shall not exceed one hundred
dollars ($100).
(g) The curriculum established in subsection (e) of this section shall be followed for all
massage therapy programs.
History. Acts 1981, No. 875, § 8; A.S.A. 1947, § 72-1208; Acts 1991, No. 1217, § 1; 1993, No.
714, § 9; 1997, No. 840, § 12; 1999, No. 1461, § 14; 2009, No. 1305, § 8.
17-86-307. Massage therapy clinic.
(a) No person may establish, maintain, or operate a massage therapy clinic until the address
and telephone number of the office or clinic has been supplied in writing to the Arkansas State
Board of Massage Therapy.
(b) In the event a massage therapy clinic moves to a new location or changes its phone
number, the new address or phone number, or both, will be immediately submitted to the board
in writing prior to operating the clinic at the new address.
History. Acts 1981, No. 875, § 8; A.S.A. 1947, § 72-1208; Acts 1991, No. 1217, § 1; 1993, No.
714, § 10; 1997, No. 840, § 13; 1999, No. 1461, § 15.
17-86-308. Reciprocity.
(a) The Arkansas State Board of Massage Therapy may enter into reciprocal relations with
other states and territories whose licensure requirements are substantially the same as those
provided in this chapter.
(b) (1) An out-of-state applicant holding a current massage therapy license issued by
another state and after receiving an Arkansas massage therapy license may apply for an upgrade
to master massage therapist or massage therapy instructor by providing appropriate continuing
education credits and experience gained before Arkansas licensure for board approval.
(2) An upgrade request shall be made by submitting a complete application package and
paying the fees required by this chapter.
History. Acts 1981, No. 875, § 17; A.S.A. 1947, § 72-1217; Acts 1991, No. 1217, § 1; 1993, No.
714, § 11; 1997, No. 840, § 14; 1999, No. 1461, § 16; 2009, No. 1305, § 9.
17-86-309. Renewals — Inactive list — Continuing education.
(a) (1) Each license for licensees is valid for a period of two (2) years and expires on the
birthdate of the licensee in the biennial renewal year, whereupon a renewal license may be issued
upon submission of completed license renewal application with payment of the fee or fees
prescribed for class of certification.
(2) Each license for a massage therapy school is valid for a period of one (1) year and
expires on June 30 of each year, whereupon a renewal license may be issued upon submission of
a completed license renewal application with payment of the fee or fees prescribed for class of
certification.
(3) Every license for licensees, both active and inactive, shall expire on the birthdate of
the licensee in the biennial renewal year.
(4) Each renewal for licensees shall be accompanied by proof of no fewer than eighteen
(18) hours of continuing education that have been approved by the Arkansas State Board of
Massage Therapy.
(b) A renewal application for a licensee is due on or before the first day of the month
preceding the month of the birthdate of the licensee in the biennial renewal year.
(c) A renewal application for a licensee postmarked after the first day of the month
preceding the month of the birthdate of the licensee of the biennial renewal year shall be levied a
late penalty fee not to exceed twenty-five dollars ($25.00).
(d) (1) An application for renewal postmarked after the birthdate of the licensee in the
biennial renewal year will be treated as an application to renew an expired license.
(2) (A) A license is expired if the application is postmarked after the birthdate of the
licensee in the biennial renewal year.
(B) Before the board issues a new license to an applicant whose license has
expired under subdivision (d)(2)(A) of this section, the applicant shall:
(i) Submit a new application that requires the applicant to meet current
requirements; and
(ii) Successfully complete an examination recognized by the board.
(e) The board shall issue a license effective as of the date of receipt of the late application
and all renewal fees, penalties, and required documentation.
(f) (1) Any individual licensee who is not currently in practice and who wishes to place his
or her license on the inactive list may remain on this list for a period not to exceed four (4) years
without reexamination.
(2) After the time allowed under subdivision (f)(1) of this section, all inactive licensees
shall meet current requirements for licensure and must successfully complete an examination
recognized by the board before resuming the active practice of massage therapy.
(g) Any individual licensee who has been placed on the inactive list for fewer than four (4)
years and who wishes to reactivate his or her license shall follow the procedures for license
renewal as provided for in this section, present satisfactory evidence of completion of continuing
education hours as required by subsection (a) of this section for the inactive period, and pay all
appropriate fees before resuming the active practice of massage therapy.
(h) The fee for placement on the inactive list shall not exceed eighty dollars ($80.00) per
biennium.
(i) (1) A licensee whose massage therapy school license renewal is postmarked after April
30 of each year shall pay a late fee not to exceed five hundred dollars ($500).
(2) A massage therapy school license renewal postmarked after June 30 of each year
automatically expires.
(3) A licensee whose massage therapy school license has expired shall submit a new
application to the board with current requirements and fees.
(j) (1) Each application for continuing education programs shall be accompanied by an
application fee not to exceed forty dollars ($40.00).
(2) (A) A licensee residing out-of-state and holding a valid Arkansas massage therapy
license may request board approval of appropriate continuing education courses otherwise not
approved by the board.
(B) Courses shall meet similar standards as courses approved by the board.
(C) Proof of residency shall accompany the request.
History. Acts 1981, No. 875, §§ 9, 10; A.S.A. 1947, §§ 72-1209, 72-1210; Acts 1991, No. 1217,
§ 1; 1993, No. 714, § 12; 1997, No. 840, § 15; 1999, No. 1461, § 17; 2009, No. 1305, § 10.
17-86-310. Display of license.
(a) An official license shall be conspicuously and publicly displayed in the place where the
holder engages in the practice of massage therapy or instruction of massage therapy. A massage
therapy school license shall be conspicuously displayed in the massage therapy school.
(b) It is unlawful to tamper with or reduce in size an original massage therapy license issued
by the Arkansas State Board of Massage Therapy.
(c) Each license shall provide the correct address of the board.
History. Acts 1981, No. 875, § 10; A.S.A. 1947, § 72-1210; Acts 1991, No. 1217, § 1; 1993, No.
714, § 13; 1997, No. 840, § 16; 1999, No. 1461, § 18; 2009, No. 1305, § 11.
17-86-311. Disciplinary actions and penalties.
(a) The Arkansas State Board of Massage Therapy may deny, suspend, or revoke a license
upon any one (1) of the following grounds:
(1) Conviction of or finding of guilt or entry of a plea of guilty or nolo contendere to a
felony, Class A misdemeanor, or prostitution;
(2) Malpractice or gross incompetency;
(3) The use in advertisements of untruthful or improbable statements or flamboyant,
exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities;
(4) Habitual drunkenness or habitual use of any illegal drugs;
(5) Serving or having a permit to serve alcoholic beverages at the clinic or school;
(6) Engaging in moral turpitude or immoral or unprofessional conduct;
(7) Failure to comply with any valid regulation or order of the board;
(8) Invasion of the field of practice of any profession for which a license is required, the
diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous
adjustments, prescription of medications, or other breaches of the scope of practice of massage
therapy;
(9) Failure of any licensee to comply with the provisions of this chapter; or
(10) Failure to have licensed personnel to perform massage therapy techniques in his or
her clinic or school.
(b) (1) The board shall establish by rule the penalty system to be imposed under this
section.
(2) Whenever the board finds that the holder of a license, certificate of registration, or
other permit issued by the board is guilty of a violation of the rules of the board or the laws of
the state pertaining to any occupation, profession, or business licensed or regulated by the board,
the board may impose a penalty on the licensee or permit holder in lieu of suspension or
revocation of license, certificate of registration, or other permit.
(3) (A) Upon imposition of a penalty in lieu of suspension or revocation of license,
certificate of registration, or other permit, the board may require that the licensee or permit
holder pay a penalty to the board.
(B) The license, certificate of registration, or permit shall be suspended until the
penalty is paid.
(4) (A) The penalty may be imposed in lieu of revocation or suspension of a license,
certificate, or other permit only if the board formally finds that the public health, safety, welfare,
and morals would not be impaired and that the payment of the penalty will achieve the desired
disciplinary results.
(B) The minimum penalty imposed by the board in lieu of revocation or
suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the
maximum penalty one thousand dollars ($1,000) per infraction.
(C) The authority of the board to impose penalties under this section is not
affected by any other civil or criminal proceeding concerning the same violation.
(D) A person penalized by the board under this chapter may appeal any order of
the board in the manner currently provided by law.
(E) In addition to any other sanctions authorized by this chapter, the board may
impose a civil penalty as provided in this subsection against any unlicensed person, firm, or
corporation practicing or offering to practice any actions requiring licensure under this chapter.
(c) (1) The board shall revoke the license of a person who engages in the practice of
massage of the anus or the genital area of another person.
(2) The board shall revoke the license of a person who engages in the practice of
massage of the breasts unless the massage therapist:
(i) Engages in the practice of massage of the breasts for therapeutic and medical
purposes including without limitation the reduction of scar tissue following a surgery on the
breast, release of myofascial binding, or improving lymphatic flow; and
(ii) Has received at least forty-eight (48) hours of continuing education credits in
lymphatic massage, myofascial massage, or oncology massage.
(3) A revocation of a license under subdivisions (c)(1) and (2) of this section shall be for
a period of three (3) years.
(d) (1) Charges may be brought by any person, or the board on its own motion may direct
the Executive Director of the Arkansas State Board of Massage Therapy to prefer charges.
(2) Any accusation of any of the offenses enumerated in this section may be filed with
the executive director. The accusations shall be in writing, signed by the accuser, and verified
under oath.
(e) In denying, suspending, or revoking any license, the board shall afford any party review
as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and as
otherwise provided by the rules and regulations of the board.
History. Acts 1981, No. 875, § 12; A.S.A. 1947, § 72-1212; Acts 1991, No. 1217, § 1; 1993, No.
714, § 14; 1997, No. 840, § 17; 1999, No. 1461, § 19; 2009, No. 1305, § 12.
17-86-312. Fees.
All registration fees and other fees due the Arkansas State Board of Massage Therapy shall
be paid in accordance with the provisions of this chapter and all other laws and regulations of
this state.
History. Acts 1981, No. 875, § 9; A.S.A. 1947, § 72-1209; Acts 1991, No. 1217, § 1; 1997, No.
840, § 18.
17-86-313. Grandfather clause — Ability to upgrade status.
(a) (1) In the event the qualifications for a specific license are increased or changed, a
person holding a particular license from the Arkansas State Board of Massage Therapy may
continue to hold that license or may upgrade from massage therapist to master massage therapist
or from master massage therapist to massage therapy instructor, without meeting current
requirements for the particular license the person held at the time of the increase or change.
(2) It is the express intent of the legislature that in the event the qualifications for a
specific license are increased or changed, that those persons who hold the license or licenses will
be able to hold that specific license or upgrade licensure status without completing current
requirements for the license held at the time of the increase or change.
History. Acts 1997, No. 840, § 19.
ARKANSAS STATE BOARD OF MASSAGE THERAPY
101 East Capitol, Suite 460 Phone: 501-683-1448 P.O. Box 2019 Fax: 501-683-1426 Little Rock, AR 72203
Adopted Rules & Regulations
REVISED: September 13, 2010
ASBMT
TABLE OF CONTENTS
Article One – Principles, Methods and Definitions Article Two – Policies and Procedures Article Three – Complaints and Proceedings Article Four – Licensing Examinations
Article Five – Continuing Education Article Six – Massage Clinics Article Seven – Massage Schools Article Eight – Conduct and Ethics Article Nine – Draping and Guidelines Article Ten – Renewals and Processes Article Eleven – Reciprocity
3 4 7 7 8 12 12 19 20 21 23
ASBMT Adopted Rules & Regulations
Revised 09/13/10
2
Article One
Principles, Methods and Definitions
1. Terms found in Arkansas Code §17-86-102 are descriptive rather than limiting, and massage therapy includes those techniques which are utilized in all phases of massage and bodywork for the purposes of relaxation, stress reduction, pain relief, injury prevention, injury repair, postural improvement and/or health enhancement.
"Massage therapy" means to engage in the practice of any of the following procedures:
(A) All massage therapy techniques and procedures, either hands-on or with mechanical devices;
(B) Therapeutic application and use of oils, herbal or chemical preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa services;
(C) Therapeutic application of hot or cold packs; (D) Hydrotherapy techniques; (E) Heliotherapy; (F) Electrotherapy;
(G) Any hands-on bodywork techniques and procedures rising to the level of the techniques and procedures intended to be regulated under this chapter and not covered under specific licensing laws of other boards.
2. Hydrotherapy is defined as the use of water in any form for therapeutic purposes and includes methods of full and partial immersion baths, whirlpools, sponging, sprays, body shampoos, body scrubs, body wraps, fomentations, compresses, poultices, packs, masks, steam treatments, and sauna treatments.
3. Heliotherapy is defined as the use of light for therapeutic purposes and may consist of the use of infrared radiation lamps and devices and the various uses of other light that might be approved by the Board.
4. Electrotherapy is defined as the use of electrical devices for therapeutic purposes and may consist of the use of mechanical vibrators, electric stimulation, direct and alternating currents, interferential currents, micro currents, and Russian stimulation. Therapists must demonstrate training in the use of electrical devices other than simple mechanical vibrators and present qualifications acceptable to the Board before using such devices.
ASBMT Adopted Rules & Regulations Revised 09/13/10 3
5. Practices involving the use of ultrasound are outside the scope of massage therapy unless the therapist can present educational qualifications acceptable to the Board and a licensed physician prescribes the treatment.
6. Depilation, waxing, extractions, and electrolysis are not within the scope of massage therapy.
7. Colonic irrigation and other methods of internal hydrotherapy are not within the scope of massage therapy.
8. Direct supervision is defined as “being in the physical presence of a licensed master massage therapist or massage therapy instructor.”
9. Assist is defined as “acting as an aide to a master massage therapist or massage therapy instructor.”
10.Continuing Education is defined as education that is acquired after individual has graduated and become licensed as a massage therapist.
11.Guest Instructor is defined as a qualified speaker or presenter who does not teach more than sixteen (16) clock hours in a school curriculum.
1. The Board designates all forms and letters to accompany requests such as applications for licensure, licensing renewals, applications for upgrades to master, massage therapy instructor, continuing education program applications, school applications, satellite school applications, school renewals, school and/or clinic inspections, and any other such forms and letters, as necessary.
2. The Board meets on a pre-determined quarterly basis and at other times as deemed necessary by the Board and follows all requirements of the Freedom of Information Act and all other applicable State laws in conducting such meetings.
a. The Board may adopt Robert’s Rules of Order or such other procedures or methodologies, as it deems necessary.
Article Two
Policies & Procedures
ASBMT Adopted Rules & Regulations Revised 09/13/10 4
3. Applications to the Board for approval of licensures, upgrades to master massage therapist or massage therapy instructor, continuing education program courses, school licensure, satellite schools, and all requests from members of the public for items to be placed on the Board’s agenda must be submitted to the Board’s Executive Director in writing and with an original and identical seven collated copies postmarked at least thirty (30) days prior to the applicable Board meeting.
a. Incomplete applications will be returned to the applicant by regular U.S. Mail.
4. A copy of the Massage Therapy Law and a copy of the latest adopted Rules and Regulations shall be posted on the Board’s website and available for download.
5. All persons applying for any level of licensure are required to have their background reviewed through a criminal records check including of taking of fingerprints.
6. Applicants are responsible for the costs of a state and federal records check and should arrange to submit to the records check prior to submitting an application to the Arkansas State Board of Massage Therapy for licensure.
a.
b.
The Arkansas State Board of Massage Therapy may require each original applicant and each upgrade applicant for a license issued by the Arkansas State Board of Massage Therapy to apply to the Identification Bureau of the Department of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau and the Federal Bureau of Investigation;
The state and federal criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints;
c. The applicant shall sign a release of information to the Arkansas State Board of Massage Therapy and shall be responsible for the payment of any fees associated with the state and federal criminal background check;
d. Each applicant who has resided outside of Arkansas shall provide a state and federal criminal background check, including the taking of fingerprints, issued by the state or states in which the applicant resided.
ASBMT Adopted Rules & Regulations Revised 09/13/10 5
e. Results shall be sent directly to the Arkansas State Board of Massage Therapy from the agency performing the state and federal criminal background check.
7. Unless waived by the Board, no applicant is eligible to receive or hold a license issued by the Board “if the applicant has pleaded guilty or nolo contendere to or been found guilty of a felony or Class A misdemeanor or any offense involving fraud, theft, or dishonesty.”
a. The Arkansas State Board of Massage Therapy, at its sole discretion and upon written request from the applicant, may consider waiver of the bar to eligibility to licensure as provided in Ark. Code Ann. § 17-86-203(e)-(h).
8. Applicants for licensing are considered who have completed and graduated with a minimum of 500 in-classroom hours of massage therapy classes, or proof is given of completion of the specific classes and hours taken as required in Arkansas massage schools.
a. Each course must be a passing grade of seventy-five (75) percent of higher.
9. Individuals who perform “rubdowns” or apply tanning lotions, oils, or apply other substances over the body of clients must hold a current massage license or a license from another discipline and are allowed to use only such procedures as are within the limits of their respective licenses and scope of practice.
a. Each service performed without a massage license will constitute a violation of Arkansas Code 17-86-101 and will be subject to penalties under 17-86-103.
10.As a part of the original approval process, the Board considers only U.S. State-approved medical doctors, nurse practitioners and departments of health, and their equivalents, as qualified health care providers for purposes of certifying health compliance. A copy of the verifiable statement or health card issued by such providers indicating that the holder is free from contagious tuberculosis must be provided and meet the requirements of Arkansas Code 17-86-303(a)(5).
ASBMT Adopted Rules & Regulations Revised 09/13/10 6
Article Three
Complaints & Proceedings
1. The Complaint Committee is comprised of the Board’s Executive Director or Interim Designee, Board President or their appointed Board member, and the Attorney General’s representative, who advises the Committee without a vote.
2. Complaints against licensees, making reports of suspected violations and other information must be written, signed and notarized by the complaining party and submitted to the Executive Director of the Board.
3. For the purpose of adjudicative hearings on complaints, the Board adopts the Model Rules of Procedure for Regulatory and Licensing Agencies as promulgated by the Arkansas Attorney General, which are provided upon request to the Attorney General’s office, found online at: http://ag.arkansas.gov/pdfs/modelrules.pdf and all adjudicated hearings shall comply with the Arkansas Administrative Procedures Act, § 25-15- 201 et. seq.
4. The Board has the authority and obligation to investigate all such written complaints, and its Executive Director may, in his or her discretion or at the direction of the Board, investigate and refer to the Complaint Committee any information that comes to their attention constituting reasonable belief that a violation of law or rule has occurred.
5. Complaints regarding the Board or its officers may be directed in writing to the Board’s President for necessary action.
1. The Board may administer an examination of its own preparation as the State licensing examination for Arkansas massage therapists.
2. The Board may accept the Federation of State Massage Therapy Board Massage and Bodywork Licensing Exam (MBLEx) in lieu of the State licensing examination provided that the applicant passes a Board examination that verifies their knowledge of the Massage Therapy Act and of these rules and regulations that govern the practice of massage therapy in the State.
Article Four
Licensing Examinations
ASBMT Adopted Rules & Regulations Revised 09/13/10 7
3. In the instance of multiple exams, the Board reserves the right to choose specific exams.
4. The Board may, at its discretion, require a practical examination and may publish guidelines for the examination so that applicants might have insight into what would be expected to be demonstrated.
a.
b.
1.
The Board determines the location for practical examinations.
When a practical examination is deemed necessary or desirable, the examinations may be held at various massage schools or at any other location chosen by the Board.
Guidelines for massage and draping techniques will be tested at all locations.
1. The Board will be testing the draping of unclothed clients.
a. However, exceptions may be allowed for documented medical or religious reasons.
Article Five
Continuing Education
1. All courses for continuing education must fall under the scope of practice of the ASBMT as relates to Principles and Methods of Article One.
2. Courses, demonstrations and workshops offered within the State of Arkansas, must be submitted to the ASBMT for prior approval for continuing education credits.
3. For the purpose of renewing or upgrading a license, credits may be approved for courses that are:
a. Pre-approved by the Board; or b. Officially transcribed college level courses completed with a
passing grade C or higher in anatomy, physiology, kinesiology, biomechanics, pathology, medical terminology or other related courses within the scope of practice of Article One and accepted by the Board;
c. Out of state continuing education courses with prior approval of another state board of massage therapy or
ASBMT Adopted Rules & Regulations Revised 09/13/10 8
certified professional massage therapy boards as relates to Principles and Methods of Article One (1) of these rules.
4. Home study and online courses may be approved by the ASBMT providing all the following criteria are met.
a. The course is pre-approved by the ASBMT or either another state board of massage therapy or another certified professional massage therapy board.
b. The course must fall within the scope of practice as stated in Article One of these rules and regulations.
c. The course must be in a non hands-on subject matter.
d. The course or courses cannot comprise more than six (6) of the total eighteen (18) continuing education hours needed for biannual renewal and cannot be repeated for renewal or upgrade purposes.
5. Each course requesting ASBMT approval must present all required information on the forms prescribed by the Board and include an original with seven (7) identically collated duplicates (for a total of eight (8) along with appropriate fees).
a. Courses must be relevant to the field of massage therapy and the Principals and Methods stated in Article One of these rules;
b. Courses must have written, clearly defined learning objectives, subject matter and teaching methods.
c. Courses must be instructed by a person who has completed specialized related training, or has obtained instructor credentials specific to the practice, or has discovered and/or developed massage techniques, and who has a minimum of two (2) years practical experience related to the subject, and who meets at least two of the following criteria:
1. Holds a current Arkansas massage therapist license;
2. Graduated from a massage therapy school approved by the Board or one which has a comparable in-classroom five hundred (500) hours curriculum;
3. Holds a minimum of a bachelor’s degree with a major in a subject related to the content of the program offered;
ASBMT Adopted Rules & Regulations Revised 09/13/10 9
4. Presents to the Board evidence of a substantial amount of education, training, and knowledge sufficient, in the discretion of the Board, to qualify their expertise in the field.
6. Pre-approved continuing education providers must comply with the following rules:
a. Continuing education course providers must retain an attendance roster of participants with copies of materials for at least three years following the conclusion of the course.
b. Continuing education course providers must furnish each participant with a certificate of attendance or transcript verifying the successful participant’s program completion;
1. The certificate shall not be issued until completion of the course and must contain the participant’s name, instructor’s name and signature, title of the course, dates, Board approval number, and number of credit hours.
c. Continuing education course providers must submit notification to the Board of any significant changes in their approved education program and submit to the Board forms for approval for any substantial changes or additional subjects that they may wish to offer;
d. One (1) hour of continuing education credit is defined as no less than fifty (50) minutes of uninterrupted in-classroom learning, practical demonstration, or practice of the technique in the presence of the instructor;
e. Presenters/moderators/instructors of courses may not receive credit for the courses they present;
f. The Board retains the right to audit and/or monitor programs given by the provider; and may rescind provider status or reject individual programs given by provider if the provider has;
1. 2. 3.
Disseminated any false or misleading information in connection with the continuing education program; or
Failed to conform to and comply with the written agreement and rules of the Board;
Failed to meet ethic standards; or ASBMT Adopted Rules & Regulations Revised 09/13/10 10
g.
4. Is not providing consistent quality educational benefits to participants.
A written notice to rescind approval for continuing education
courses will course.
a.
be sent to the person(s) approved to instruct the
Instructors may request administrative adjudication of a decision to rescind approval for continuing education course(s), which shall be conducted according to procedures adopted in Article 3 of these rules and in accordance with the Arkansas Administrative Procedures Act, § 25-15-201 et seq.
7. Officially transcribed college level courses may be accepted at the rate of three (3) college-credit hours in equal forty (40) clock-hours of education.
8. For the purpose of upgrading a license, classes that repeat any of the applicant’s specific entry-level five hundred (500) hour coursework will not be accepted.
9. For the purpose of upgrading a license, duplicated continuing education courses do not apply toward required hours for the upgrade.
10.Instructors may only teach courses that reflect a percentage level of their training consistent with hours of credit being offered by the instructor.
a. No more than twenty (20) percent of the hourly credit can be offered in relation to the training received by the instructor.
1. For example, if a trainer takes an approved thirty (30) hour continuing education program, he or she would qualify to teach a six (6) hour course in that particular subject.
b. At the Board’s discretion, credit may be given for extensive experience teaching the course and/or related courses, and/or years employed in the field.
11.The Board may audit or direct Board staff to audit a percentage of randomly-selected, active licensees, as determined by the Board, for compliance with continuing education requirements.
a. Licenses who receive an audit form shall submit all appropriate documentation to substantiate compliance with the Board’s continuing education requirements.
ASBMT Adopted Rules & Regulations Revised 09/13/10 11
b. Each licensed massage therapist shall maintain records of continuing education for a period of (3) years from the date of attendance.
12.Disciplinary action for violations of rules of the Conduct and Ethics will be conducted in accordance with the procedures adopted in Article Three of these rules.
1. Massage therapists working in bathhouses, clinics, spas, or other facilities must be given adequate workspace.
a. The work area must be well ventilated, clean, and well equipped.
2. In-home massage clinics/offices must be located in a separate room or rooms, used only for massage therapy services during ordinary business operations.
a. There must be no bed in a room used for massage therapy services.
3. Therapists must comply with all city, county, and/or state regulations.
General Requirements
1. School applications will be complete in every aspect and verify compliance with the Massage Therapy Act, all relevant Rules and Regulations of the Board, and sound educational principles.
2. Each school is required to furnish such information and documents as may be required by the Board and must comply with all valid requirements of the Board or be subject to suspension or revocation of licensure.
3. The Board may accept training hours submitted by applicants for licensure who graduated from out-of-state schools only upon verification that such
Article Six
Massage Clinics
Article Seven
Massage Schools
ASBMT Adopted Rules & Regulations Revised 09/13/10 12
education was received as in-classroom instruction and such programs follow or followed similar procedures as required of in-state schools.
4. It is the duty of the Board under law to inspect all schools operated within the state each year.
a. The Board or its authorized agent conducts such inspections during regular operations causing a minimum of disruption to any class that may be in session.
b. Inspections include facility evaluations as well as necessary review of records to ensure compliance with the massage therapy act and all other rules and regulations pertaining to operation of a licensed school.
c. Schools shall have an identifiable Massage Therapy Instructor who provides oversight and supervision under which other Master Massage Therapist or Massage Therapy Instructor can teach.
5. Prior to operating any phase of training, massage therapy schools within the State of Arkansas must apply for licensing, receive licensing approval, and maintain valid licensing.
6. Schools must adhere to all state and local ordinance and provide a copy of the fire inspection, occupancy license, and/or business permits where required by law, and furnish copies to the Board upon request.
7. After satisfactory completion of initial requirements, schools are required to undergo Board inspection.
a. An inspector, Board member or staff member will make inspection of the school premises with required forms completed, and the results of such inspection will be returned to the Executive Director of the Board with approval and/or adjustment recommendations.
b. Facilities that do not pass the first inspection are eligible for re- inspection.
1. When failures are corrected and the Board is advised that corrections are completed, a second inspection to determine the school’s compliance with requirements for licensure will be made within thirty (30) days.
8. Any school desiring to move the location of its license must notify the Board in writing at least thirty (30) days prior to any location change.
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a. The Board will inspect the school’s new location within thirty (30) days of receiving a relocation notice.
9. Schools must inform students regarding emergency evacuation procedures with routes and exits posted.
a. Smoke detectors must be installed and maintained in working order.
b. Fire extinguishers must be easily accessible.
10.Schools have the discretion to grant CLEP credit for any previously obtained, successfully passed, and officially documented classroom education only upon a student’s passing such examinations as required by the school.
a. Such credit may be granted at the rate of three (3) college credits to equal no more than forty (40) clock-hours.
b. Schools will maintain a file copy of all such examinations for Board inspection.
Facility Requirements 11.Schools must provide an atmosphere that is conducive to learning.
a. Space must be sufficient for unrestricted movement around massage tables.
b. Lighting, ventilation, and temperature control must be adequate.
c. Educational equipment must be in evidence, such as chalk or marker Boards, charts, or other appropriate teaching aids.
d. School facilities and equipment must be maintained in clean and operable condition.
12.Schools will provide students with desks, and/or tables and chairs, and adequate space to accommodate all students during the class hours for which they are enrolled.
a. The school facilities must include a minimum one (1) massage table for every three (3) students in class.
13.A minimum of one hand-washing sink supplied with a filled soap dispenser and a sanitary hand drying method must be easily accessible.
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14.Alcohol or illicit drug use is prohibited on school premises or at any school function.
15.A duplicate of all student records for the immediately preceding five (5) year period must be kept off the school premises.
a. This duplicate may be either a paper copy or in a form that may reproduce the copies by computer.
Instruction Methods
16.Schools must follow a curriculum which has been presented to and approved by the Board and will make further applications to the Board for any substantial modifications in the subjects, contents, or instructional methods offered to the students.
17.Each specified course of study must be outlined with a syllabus and written learning objectives. Instructors will follow daily lesson plans and will provide active, organized learning sessions.
a. Recognized methods of instruction, such as, but not limited to, lecture, demonstration, and supervised hands-on practice will be utilized to ensure reasonable learning objectives and outcomes.
18.All classes must be instructed and supervised by qualified and approved personnel and consist of no less than fifty (50) minutes of active teaching per credit hour. In-school study time is limited to no more than five (5) percent of the total hours of a program.
19.Active teaching means a qualified school instructor offering organized lecture, activities, demonstration, and/or direct and immediate supervision of students during hands-on practice.
20.Written and practical evaluations shall be conducted with all grades recorded.
a. The Board, upon request, may make such information available for inspection.
21.Attendance records will be maintained and verified by the school and must be made available for inspection by the Board upon request.
a. Such records verify both the subject and the actual attendance in class of each student enrolled.
22.Schools must maintain factual records of the first-time pass/fail rates on required Board examinations of all graduates of their program.
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a. Such records must be inspected each year, and any school whose graduates do not maintain a seventy-five (75) percent first-time pass rate average on Board examinations is subject to probations, suspension, and/or revocation of licensure.
23.Schools must provide all students with knowledge of location where to obtain a copy.
24.Schools must provide no less than three (3) clock-hours of HIV/AIDS and other basic communicable disease education within their twenty-five (25) hours of hygiene and infectious control as required by Arkansas Code § 17-86-306 (e)(4).
25.Schools must require and maintain proof of CPR training for all students at the time of their graduation.
26.Schools that teach massage with students wearing swimsuits or underwear must instruct students at some time during their school on how to work on unclothed clients with a minimum of twenty (20) hours of classroom or student clinic massages unless there is a documented religious or medical objection made by the student.
27.Schools may not include more than five (5) percent of their total school curriculum of instruction with reiki, polarity, or other energy-based modalities.
Instructor Qualifications
28.All persons who instruct any portion of a curriculum within an approved massage therapy school must have received adequate training and experience to possess a high degree of knowledge and competency in any and all subjects they are to instruct.
29.Each school must have on file such diplomas, transcripts, certifications, resumes, and/or other verifiable documents that attest to the person’s qualifications and technical expertise.
30.Each school must be able to supply the Board with a list of the instructors who have taught or who will be teaching at that school along with documentation of their qualifications and the subjects they have instructed or will instruct.
31.For the purposes of qualifying instructors for subjects required by Arkansas Code § 17-86-306, the following definitions will be used:
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a. Technical subjects are those defined as massage therapy techniques, hydrotherapy, heliotherapy, electrotherapy, and any hands-on training that may occur under various related subjects.
b. Academic subjects include anatomy, physiology, pathology, and related human sciences; and
c. Non-technical subjects include massage therapy laws, ethics, and business management.
32.Persons to instruct technical subjects must be qualified and hold a current license as a master massage therapist or massage therapy instructor, and must have a minimum of two (2) years of consecutive and active experience in the practice of massage therapy.
33.Persons to instruct academic subjects must be qualified and hold a current license as a master massage therapist or massage therapy instructor as defined in Arkansas Code § 17-86-102 (6)(A) or hold a minimum of a Bachelor’s degree plus two (2) years practical experience in a subjects directly related to that being taught.
34.Persons to instruct non-technical subjects must be qualified and hold a current license as a master massage therapist or massage therapy instructor as defined in Arkansas Code§ 17-86-102 (6)(A) or hold a minimum of a two (2) year associate’s degree and two (2) years practical experience in a subject directly relates to that being taught.
35.Massage therapy schools must use qualified licensed master massage therapists, massage therapy instructors, and/or medical personnel within the scope of their professional background as instructors, or may allow other licensed professionals to teach within their field of expertise.
36.Schools may invite guest instructors to teach within their program without Board pre-approval if such guest instructor presents no more than sixteen (16) hours per school curriculum. Article Seven (7) paragraph # 32, 33 and 34 show how guest instructors shall be qualified.
a. Schools may utilize guest instructors to provide no more than a total of twenty-five (25) hours per school curriculum.
1. Record of all hours of instruction provided in this manner must be maintained by the school and be made available for Board inspection upon request.
b. Schools must keep a log of guest instructors. ASBMT Adopted Rules & Regulations Revised 09/13/10 17
c. If the Board should raise the total hours required for students to complete the program, then the Board has the option to increase the allowed number of hours of guest instruction above the twenty- five (25) hour maximum.
Student Clinical
37.The purpose of any student clinical is to provide advancing students, enrolled in approved schools, an opportunity to gain practical experience working with the public in a supervised setting.
a. The school follows such practices as are consistent with the above stated intent.
38.The status of the practitioner must be made clearly evident to the recipient of student massage.
39.Any student to be considered eligible for clinical practice must have completed the following requirements:
a. Have successfully completed one hundred (100) hours of anatomy, physiology, pathology, and contraindications for massage therapy, and one hundred (100) hours of technical training, and all portions of the school’s curriculum pertaining to personal hygiene, sanitation, ethics, and professional standards;
b. Have on file at the school a recently issued statement by a physician declaring them to be in good health and negative for tuberculosis; and
c. Have enforced student liability insurance and provide proof thereof.
40.All clinical massages must be documented and performed under the supervision of a qualified technical instructor who has access to the treatment area at all times.
a. No more than fifty (50) hours of student massage may be attained in this manner and may be applied to meet the requirements for licensure.
41.Students may not solicit payment in any form during clinical practice either on school premises, at chosen locations for field trips, or while practicing away from school facilities and direction.
a. This includes barters, donations and/or trades. ASBMT Adopted Rules & Regulations Revised 09/13/10 18
b. The student may accept gratuities during supervised clinical massage.
42.Schools may charge a reduced fee for student clinical massages.
43.Schools must provide upon request by the Board all such evidence as may be required to determine compliance with these and all other rules of this Board.
44.No student may leave classroom instruction to perform student-client massages.
45.Schools abusing the student-client massage relationship are subject to sanctions by the Board.
46.Schools providing off-site student massages shall be allowed only under the direct supervision of a Massage Therapy Instructor or Master Massage Therapist
1. It is the responsibility of the licensed massage therapist to create and maintain a safe and comfortable environment that engenders trust and mutual respect during a massage session.
2. It is the therapist’s responsibility to inform clients of their rights as recipients of massage therapy.
3. Massage therapists shall ensure and safeguard the following rights of the clients:
a. Obtain necessary information from the client, to be held in confidence, regarding pertinent health history in order to assure safe treatment at all times;
b. Inform the client of their right to terminate or modify their treatment at any time;
c. Stay within the scope of practice of massage therapy, performing only techniques for which they are appropriately and sufficiently trained;
Article Eight
Conduct & Ethics
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d. Refer all clients to appropriate health care practitioners or other professionals as such need arises; and
e. Refrain, under all circumstances from initiating or engaging in any sexual conversation, sexual conduct, sexual behavior, or sexual activities involving a client, even if the client attempts to sexualize the relationship.
4. The licensed massage therapist adheres to the following practices:
a. Keeping licensure current;
b. Conducts all aspects of their massage practice in a legal, ethical, and responsible way;
c. Upholds the highest standards of concern and respect for the well being of their clients;
d. Reports to the Board in writing and under oath any knowledge of violations of the Massage Therapy Act or the adopted Rules and Regulations; and
e. Wears proper and professional attire that is suitable and consistent with accepted business and professional practices.
5. Violations of any provision under this article may result in disciplinary action by the Board, up to and including revocation of licensure.
6. Disciplinary action for violations of rules of Conduct and Ethics will be conducted in accordance with the procedures adopted Article Three (3) of these rules.
1. Draping and treatment are provided in a way that ensures the safety, comfort, and privacy of the client and therapist.
2. Both the client and the therapist require that draping takes place during the massage, and the therapist will comply with the client’s request to remain partially or fully clothed under the drape.
Article Nine
Draping & Guidelines
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3. 4.
5.
a. b.
6.
Clients receiving a massage must be draped to assure that the pubic area and genitals are not exposed.
The Board shall revoke the license for a period of three (3) years of a licensee who engages in the practice of massage therapy of the anus and genitalia.
The breast of a female client may be treated only if there is a valid health maintenance request from the client or upon being presented with a prescription or referral from a qualified medical professional.
A female client’s breast may not be exposed without first having obtained her prior written, signed consent.
A written description and explanation is to be given before the massage begins and permission granted again before uncovering the breast.
1. Treatments must be noted on the client's assessment form.
The Board shall revoke the license for a period of three years of a licensee who engages in the practice of massage therapy of the breast tissue unless:
a. Documented clinical indications or a physician prescription shall be required and this documentation shall be included in the client’s records.
b. Breast Tissue massage shall only be done for the reduction of scar tissue following surgery, releasing myofascial binding or improving lymphatic flow.
c. A massage therapist shall have a minimum of forty-eight (48 CEU) hours in advanced training in techniques related to therapeutic treatment of breast tissue in lymphatic massage, myofascial massage, or oncology massage.
Every massage therapy license, active or inactive, is valid for a period of two (2) years.
Article Ten
Renewals & Processes
1.
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2.
a. Renewal licenses may be issued upon submission of a completed license renewal application, payment of appropriate fees, by cashiers check or money order, and have documented proof of no fewer than eighteen (18) hours of continuing education that have been approved in Article 5.
b. A renewal application must be postmarked on or before the first day of the month preceding the month in which the licensee’s birthday falls in the biannual renewal year. Example: Joe’s birthday is June 14th and his license expires in 2011. His renewal application must be postmarked on or before May 1, 2011.
c. A renewal application postmarked after the first day of the month preceding the month in which the licensee’s birthday falls shall be charged a late fee in addition to renewal fees.
d. A license is expired if application is postmarked after the birthday of the licensee in the biannual renewal year.
(1) Before the Board issues a new license to an applicant with an expired license, the applicant shall:
(a) Submit a new application that requires the applicant to meet current requirements; and
(b) Successfully complete an examination recognized by the Board.
Renewal application forms will be mailed out the first of the month preceding the month they are due.
Any individual licensee who is currently not practicing and wishes to place his or her license on the inactive list:
a. A licensee must submit a renewal application for inactive status every two (2) years, even if remaining inactive.
b. Must surrender his or her current license to the Board office.
c. Cannot practice massage therapy during the time licensee is on the inactive list.
d. May remain on the inactive list for a period not to exceed four (4) years without reexamination.
7.
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4.
e. An individual who has been placed on the inactive list for fewer than four (4) years and wishes to reactivate licensure shall follow the procedures for license renewal, present satisfactory evidence of completion of continuing education hours for the inactive period and pay all appropriate fees before resuming active practice of massage therapy.
f. An individual who passes the four (4) year time allotment shall be required to meet current requirements and must successfully complete an examination recognized by the Board before resuming active practice of massage therapy.
Persons practicing with an expired license may be prosecuted for practicing without a license and penalties of Arkansas Code § 17-86-103 will be applied.
The Board may enter into reciprocal relations with other states and territories whose licensure requirements are much the same as those provided in this chapter.
Article Eleven
Reciprocity
1.
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