§ 17-86-303 — Massage therapist

(a) For an applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program on or after January 1, 2024, in order to be issued a massage therapy learning permit, the applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program shall: (1) Furnish to the Department of Health satisfactory proof that the applicant is eighteen (18) years of age or older; (2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5) Request the massage therapy school or massage therapy apprenticeship program in which the applicant is seeking to enroll or has enrolled to send a copy of the enrollment contract, or equivalent confirmation of enrollment to the department; and (6) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department. (b) For an applicant who was issued a massage therapy learning permit on or after January 1, 2024, an applicant holding a massage therapy learning permit under subsection (a) of this section, upon graduating from a massage therapy school or completing a massage therapy apprenticeship program, shall: (1) Request that the massage therapy school or massage therapy apprenticeship program submit directly to the department either: (A) A transcript and credentials issued by a massage therapy school; or (B) A certificate of completion issued by a massage therapy apprenticeship program; (2) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; (3) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, since the date the massage therapy learning permit was issued, and submit a signed authorization to investigate and have information released to the department; (4) Submit a completed application provided by the department for issuance of licensure; and (5) Pay the specified fees as provided in subsection (d) of this section. (c) In order to be licensed as a massage therapist, the person seeking licensure under § 17-86-308 or subsection (g) of this section or through similar reciprocity provisions as provided by the rules established by the department shall: (1) Furnish to the department satisfactory proof that the applicant is eighteen (18) years of age or older; (2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5) (A) Present a high school diploma, high school equivalency diploma approved by the Adult Education Section, or college transcript and credentials issued by a massage therapy school accepted by the department or an equivalent institution with no less than five hundred (500) hours of in-classroom instruction. (B) An applicant shall not submit his or her transcript directly to the department. (C) An applicant shall request that the massage therapy school submit the transcript directly to the department. (D) (i) If the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why the transcript can not be obtained. (ii) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department; (6) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; and (7) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department. (d) Fees are as follows: (1) Massage therapy learning permit application fee ............... $75.00 Nonrefundable under subsection (a) of this section (2) Reciprocity license application fee ............... 75.00 Nonrefundable under subsection (c) of this section (3) Original license fee ............... 80.00 under subsection (b) of this section or by reciprocity under subsection (c) of this section (4) Biennial renewal ............... 80.00 (5) Examination fee or reexamination fee ............... 25.00 (6) Duplicate license fee ............... 10.00 (7) Pocket card fee not to exceed ten dollars ($10.00). (e) A person shall not practice massage therapy unless he or she holds a valid massage therapy learning permit by the department or until his or her official license has been received from the department. (f) 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 . (g) A person who was enrolled in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program as of January 1, 2024, or has completed or graduated from a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program before January 1, 2024, may seek licensure as provided in subsection (c) of this section.

Legislative History

Amended by Act 2023, No. 45,§ 5, eff. 8/1/2023. Amended by Act 2021, No. 136,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 990,§ 71, eff. 7/24/2019. Amended by Act 2019, No. 312,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2243, eff. 7/1/2019. Amended by Act 2017, No. 252,§ 13, eff. 8/1/2017. Amended by Act 2015, No. 1020,§ 14, eff. 10/1/2015. Amended by Act 2015, No. 1115,§ 26, eff. 7/22/2015. Amended by Act 2013, No. 1445,§ 10, eff. 8/16/2013. 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.