§ 34-43A-13 — Complaints; Grounds for Suspension, Revocation, Etc., of License; Penalties; Emergency Order; Rulemaking Authority

(a) Any individual may file with the board a written complaint regarding an allegation of impropriety by a massage therapist, massage therapy establishment, or other individual or entity. Complaints shall be made in the manner prescribed by the board.
(b) The executive director shall provide for an investigation of the complaint and, if probable cause is found, may initiate an administrative proceeding. Upon a finding that the licensee or applicant for licensing has committed any of the following misconduct, the board may suspend, revoke, probate, reprimand, otherwise discipline, or refuse to issue or renew a license or impose a civil penalty after notice and opportunity for a hearing pursuant to the Administrative Procedure Act:
(1) Obtained or attempted to obtain a license by means of fraud, misrepresentation, fraudulent transcripts, invalidated exam scores, or concealment of material facts, including making a false statement on an application or any other document required by the board for licensing.
(2) Sold or bartered, or offered to sell or barter, a license for a massage therapist or a massage therapy establishment.
(3) Has engaged in unprofessional conduct that has endangered or is likely to endanger the health, safety, and welfare of the public, as defined by the rules of the board.
(4) Has been convicted of a felony or of any crime arising out of or connected with the practice of massage therapy.
(5) Has violated or aided and abetted in the violation of this chapter.
(6) Is adjudicated as mentally incompetent by a court of law.
(7) Uses controlled substances or habitually and excessively uses alcohol.
(8) Engaged in false, deceptive, or misleading advertising.
(9) Engaged in or attempted to or offered to engage a client in sexual activity, including, but not limited to, genital contact, within the client-massage therapist relationship.
(10) Has knowingly allowed the massage therapy establishment to be used as an overnight sleeping accommodation.
(11) Had a license revoked, suspended, or denied in any other territory or jurisdiction of the United States for any act described in this section.
(12) Was convicted of impersonating a massage therapist in another jurisdiction.
(c)(1) Subsequent to an official complaint, and for other requirements established by this chapter, including for the purpose of determining an applicant’s suitability for a license to practice massage therapy, the board may request a criminal history background check of the licensee or applicant for licensing pursuant to a schedule created by rule of the board. The applicant or licensee shall submit a full set of fingerprints to the board for the purpose of obtaining a state and national criminal history background check.
(2) Fingerprints obtained pursuant to subdivision (1) may be exchanged by the board, the Alabama State Law Enforcement Agency, or any successor entity thereof, or any channeler approved by the board, with the Federal Bureau of Investigation for the purpose of obtaining a state and national criminal history background check.
(3) The applicant or licensee shall be responsible for all costs associated with the submission of his or her fingerprints and obtaining a state and national criminal history background check. The board may incorporate those costs into the cost of licensing or may charge the applicant or licensee a separate fee, which may be payable to the board, the Alabama State Law Enforcement Agency, or any successor entity thereof, or the approved channeler, as appropriate.
(4) Information received by the board pursuant to a state and national criminal history background check shall be confidential and shall not be a public record, except that any information received by and relied upon by the board in denying the issuance of a license or revoking, suspending, or otherwise disciplining a license or licensee may be disclosed as necessary to support the denial or revocation, suspension, or other disciplinary action.
(d) An individual governed by this chapter who has a reasonable belief that another massage therapist has violated this chapter shall inform the board in writing within 30 calendar days after the date the individual discovers this activity. Upon finding that an individual has violated this subsection by not informing the board as required, the board may do any of the following:
(1) Impose an administrative fine of not more than ten thousand dollars ($10,000) according to a disciplinary infraction fine schedule adopted by rule of the board.
(2) Suspend, probate, reprimand, otherwise discipline, or revoke the individual’s license to practice massage therapy.
(e) The license of any individual who has been convicted of, or has entered a plea of nolo contendere to, a crime or offense involving human trafficking, prostitution, or any other type of sexual offense shall be permanently revoked by the board according to the Administrative Procedure Act.
(f) The massage therapy establishment license of any massage therapy establishment wherein an individual engages in conduct which leads to a conviction of or entry of a plea of nolo contendere to, an offense involving prostitution or any other type of sexual offense against a client, or which the board determines is a sexually-oriented business, shall be permanently revoked by the board according to the Administrative Procedure Act.
(g) Upon a finding that an individual or entity who is governed by this chapter has performed massage therapy or operated a massage therapy establishment without having obtained a license, the board may do any of the following:
(1) Impose an administrative fine of not more than ten thousand dollars ($10,000).
(2) Issue a cease and desist order.
(3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.
(h)(1) The executive director may issue an emergency order suspending the operation of a massage therapy establishment without a prior hearing when public safety is at immediate risk. Public safety shall be considered at immediate risk in any of the following circumstances:
a. A law enforcement agency notifies the board that the law enforcement agency is investigating a massage therapy establishment for an offense under Section 13A-6-152, this chapter, or rules adopted by the board pursuant to this chapter.
b. The massage therapy establishment is operating without a valid license issued by the board.
c. The board has reasonable cause to believe that a massage therapy establishment is violating this chapter or a rule adopted by the board pursuant to this chapter, and, upon physical inspection by the board, one or more violations are confirmed.
d. Upon physical inspection of a massage therapy establishment by the board, one or more violations of this chapter or a rule adopted by the board pursuant to this chapter are confirmed.
e. Other circumstances as determined by the board.
(2) Upon determining that an individual or entity governed by this chapter has performed massage therapy or operated a massage therapy establishment without a valid license as provided in subsection (g), the executive director of the board may issue an emergency order. If the executive director believes a massage therapy establishment is in violation of a local, municipal, or other applicable law, the executive director shall notify local law enforcement of the possible violations. An emergency order shall identify the massage therapy establishment by its business name and state that the massage therapy establishment is closed by order of the board pursuant to this chapter and rules adopted by the board pursuant to this chapter.
(3) A massage therapy establishment shall remain closed to the public until it is in compliance with this chapter and rules adopted by the board pursuant to this chapter. The board shall provide the massage therapy establishment with a written summary of the findings of any inspection resulting in the emergency order and shall describe the compliance measures necessary to remedy those findings. Within three business days after receipt of the findings by the massage therapy establishment, the board shall issue to the massage therapy establishment, in writing, a complaint resulting in the emergency order suspending the operation of the massage therapy establishment, which describes the compliance measures which must be taken for the emergency order to be rescinded.
(4) An emergency order suspending the operations of a massage therapy establishment shall be printed on 8 1/2 x 11 inch paper and conspicuously taped to the front door of the massage therapy establishment.
(5) A massage therapy establishment may not remove the posted emergency order or reopen for business until the board determines, after a physical inspection, that the massage therapy establishment is in compliance with this chapter and rules adopted by the board pursuant to this chapter.
(6) A massage therapy establishment that reopens to the public while operations are suspended shall be fined one thousand dollars ($1,000) per day for each day in violation.
(7) If the board is required to enforce the emergency order in circuit court for continued violations of this chapter or rules adopted by the board pursuant to this chapter, the court may triple any applicable fines and order the massage therapy establishment to reimburse the board for all legal fees and administrative costs incurred by the board in enforcing the violation.
(8) Within 30 days after the issuance of an emergency order suspending operations of a massage therapy establishment, the massage therapy establishment may request, in writing, a formal hearing before the board.
(i) Any individual or entity aggrieved by any adverse action of the board may appeal the action to the Circuit Court of Montgomery County.
(j) The board shall present any incident deemed serious misconduct by the board to the local district attorney for review and appropriate legal action.
(k) The board may adopt rules to implement and administer this section.

Legislative History

(Act 2024-361, §3; Act 2025-395, §2.)