Code of Alabama

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34-43-11
Section 34-43-11 Licensing of establishments. (a) Establishments shall be licensed by the board.
A sexually oriented business may not be licensed as an establishment and shall not operate
as an establishment licensed pursuant to this chapter. (b) Establishments shall employ only
licensed massage therapists to perform massage therapy. (c) The board shall provide by rule,
for a fair and reasonable procedure to grant exemptions from the licensure requirement of
this section when the applicant can show that the advertising of massage therapy services
is incidental to the primary function of his or her business. No such exemption shall be granted
to a sexually oriented business. (d) An establishment license issued pursuant to this chapter
is not assignable or transferable. (e) Subsequent to an official complaint, the board may
request a criminal background check of the establishment's licensees through the district
attorney of the circuit in which the licensee is located. (Acts 1996, No....
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34-43-5
Section 34-43-5 Exemptions. (a) The following persons, offices, or establishments shall be
exempt from this chapter: (1) A student of massage therapy who is rendering massage therapy
services under the supervision of a licensed massage therapy instructor, or any other supervisory
arrangement recognized and approved by the board, including, but not limited to, a temporary
permit. The student shall be designated by title clearly indicating the training status of
the student. (2) Qualified members of other professions who are licensed and regulated under
Alabama law while they are in the course of rendering services within the scope of their license
or regulation, provided that they do not represent themselves as massage therapists. (3) A
person giving massages to his or her immediate family. (4) Visiting massage therapy instructors
from another state, territory, or country teaching massage therapy, provided that the massage
therapy instructor is licensed or registered as required in his...
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34-43-3
Section 34-43-3 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) ADVERTISE. Distributing a card, flier, sign, or device to any person
or organization, or allowing any sign or marking on any building, radio, television, or by
advertising by any other means designed to attract public attention. (2) BOARD. The Alabama
Board of Massage Therapy created pursuant to this chapter. (3) BOARD-APPROVED MASSAGE THERAPY
SCHOOL. A school where massage therapy is taught which is one of the following: a. If located
in Alabama is approved by the board as meeting the minimum established standards of training
and curriculum as determined by the board. b. If located outside of Alabama is recognized
by the board and by a regionally recognized professional accrediting body. c. Is a postgraduate
training institute accredited by the Commission on Accreditation for Massage Therapy. (4)
ESTABLISHMENT. A site, premises, or business where massage therapy is...
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34-43-15
Section 34-43-15 Complaints; grounds for suspension; revocation, etc., of license; penalties;
rulemaking authority. (a) Any person may file with the board a written and signed complaint
regarding an allegation of impropriety by a licensee, establishment, or person. Complaints
shall be made in the manner prescribed by the board. Complaints received by the board shall
be referred to a standing investigative committee consisting of a board member, the Executive
Director, the board attorney, and the board investigator. If no probable cause is found, the
investigative committee may dismiss the charges and prepare a statement, in writing, of the
reasons for the decision. (b) If probable cause is found, the board shall initiate an administrative
proceeding. Upon a finding that the licensee has committed any of the following instances
of misconduct, the board may suspend, revoke, or refuse to issue or renew a license or impose
a civil penalty after notice and opportunity for a hearing pursuant...
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34-43-8
Section 34-43-8 License requirement; sexually oriented businesses; services for clients who
are ill or who have physical dysfunctions. (a) No person may perform the duties of a massage
therapist unless he or she possesses a current license issued pursuant to this chapter. (b)
A licensed massage therapist may not perform massage therapy, whether or not for compensation,
for a sexually oriented business. (c) A licensed massage therapist shall not advertise or
offer to perform services outside the scope of his or her expertise, experience, and education
for clients who are ill, or those with physical dysfunction(s), unless such services are performed
in conjunction with a licensed physician, physical therapist, or chiropractor. (Acts 1996,
No. 96-661, p. 1060, §8.)...
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34-43-16
Section 34-43-16 Use of words "massage" or "bodywork" or other advertising
descriptions by non-licensed persons. A person who does not hold a license as a massage therapist,
physical therapist, chiropractor, or athletic trainer, or a license for an establishment,
shall not use the words "massage" or "bodywork" on any sign or other form
of advertising describing services performed by the person or at the establishment. Any advertisement
by a massage therapist or establishment shall contain the license number of the therapist
or establishment. Under no circumstances may a sexually oriented business hold itself out
as offering massage therapy services. (Acts 1996, No. 96-661, p. 1060, §16.)...
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34-43-6
Section 34-43-6 Alabama Board of Massage Therapy. (a) There is created the Alabama Board of
Massage Therapy. The purpose of the board is to protect the health, safety, and welfare of
the public by ensuring that licensed massage therapists, massage therapy schools, and massage
therapy instructors meet prescribed standards of education, competency, and practice. To accomplish
this mission, the board shall establish standards pursuant to this chapter to complete all
board functions in a timely and effective manner and to provide open and immediate access
to all relevant public information. The board shall communicate its responsibilities and services
to the public as part of its consumer protection duties. The board shall develop and implement
a long range plan to ensure effective regulation and consumer protection. (b) The board shall
consist of seven members appointed by the Governor, subject to confirmation by the Senate.
No member of the board shall serve more than two full...
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34-43-7
Section 34-43-7 Powers and duties of board. (a) By rule, the board shall make provisions to
do all of the following: (1) Examine and qualify for examination applicants for licensure
and issue a license to each successful applicant. (2) Adopt a seal, which shall be affixed
to all licenses issued by the board. (3) Prescribe application forms for examination and licensure
and assess and collect fees pursuant to this chapter. (4) Maintain a complete record of all
licensed massage therapists and annually prepare a roster of the names and addresses of the
licensees. A copy of this roster shall be made available to any person requesting it, upon
payment of a fee set by the board in an amount sufficient to cover the costs of its publication
and distribution. (5) Provide for the investigation of persons who may be violating this chapter.
(6) Adopt and revise rules and regulations pursuant to the Administrative Procedure Act, including
the adoption of rules concerning unprofessional conduct. (7)...
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35-8B-1
Section 35-8B-1 Definitions; sale of alcoholic beverages. (a) "Community development district"
shall mean a private residential development that: (1) Is a size of at least 250 acres of
contiguous land area; (2) has at least 100 residential sites, platted and recorded in the
probate office of the county as a residential subdivision; (3) has streets that were or will
be built with private funds; (4) has a social club with: (i) an 18-hole golf course of regulation
size; (ii) a restaurant or eatery used exclusively for the purpose of preparing and serving
meals, with a seating capacity of at least 60 patrons; (iii) social club memberships with
at least 100 paid-up members who have paid a membership initiation fee of not less than two
hundred fifty dollars ($250) per membership; (iv) membership policies whereby membership is
not denied or impacted by an applicant's race, color, creed, religion, or national origin;
and (v) a full-time management staff for the social activities of the club,...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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