§ 17-86-301 — Registration required - Exemptions

Arkansas § 17-86-301

• Jurisdiction: Arkansas
• Title: 17

Text

(a) It shall be unlawful: (1) For any person who does not hold a valid license to use the following titles: massage therapist, massage practitioner, myotherapist, massotherapist, massage technologist, masseur, masseuse, therapy technologist, master massage therapist, massage therapy instructor, or any derivation of those titles or to advertise such titles; (2) For any person who does not hold the applicable license issued by the Department of Health to engage professionally for payment, barter, donation, or exchange in the practice or instruction of massage therapy as defined in this chapter; (3) For any person to operate or conduct any massage therapy clinic or massage therapy school which does not conform to the sanitary rules contained in § 17-86-302 , in state law, in local ordinances, or in those rules which may be adopted by the State Board of Health; (4) To employ any person to practice or instruct under this chapter who does not hold a valid license issued by the department; (5) 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; (6) For any massage therapy school or postsecondary massage therapy school to enroll any person in the massage therapy school or postsecondary school who does not hold a massage therapy learning permit issued by the department; (7) For any massage therapy apprenticeship program to enroll any person in the massage therapy apprenticeship program who does not hold a massage therapy learning permit issued by the department; or (8) (A) For the department 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. (B) However, the department 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 licensed as a massage therapy student who practice under the direct supervision of a massage therapy instructor at a licensed massage therapy school or licensed postsecondary massage therapy school for a period not to exceed six (6) months from the date of graduation from the massage therapy school; (3) Persons licensed as a massage therapy apprentice who practice under the direct supervision of a massage therapy instructor who is registered or approved as a sponsor as part of the massage therapy apprenticeship program approval by the United States Office of Apprenticeship, for a period not to exceed six (6) months from the date of completion of the massage therapy apprenticeship program; (4) Persons authorized by the department to present and instruct department-approved school curriculum or continuing education programs, or both, may present and instruct such department-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 (5) 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 department, 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 department 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.

Legislative History

Amended by Act 2023, No. 45,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1533, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1532, eff. 7/24/2019. Amended by Act 2015, No. 1020,§ 13, eff. 10/1/2015. 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.