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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