AS Title 8, Chapter 61: Massage Therapists

Chapter 61. Massage Therapists. Sec. 08.61.010. Board established. The Board of Massage Therapists is established in the department. The board consists of five members appointed by the governor as follows: (1) four licensed massage therapists who have been engaged in the practice of massage therapy in the state for the three years immediately preceding appointment and who shall remain actively engaged in the practice of massage therapy while serving on the board; not more than one member appointed under this paragraph may have an ownership or partnership interest in a massage school; and (2) one public member; the governor may not appoint as a public member (A) a licensed health care provider; (B) an employee of the state; or (C) a current member of another occupational licensing board established under AS 08 . Sec. 08.61.020. Duties and powers of board. In addition to the duties specified in AS 08.01 , the board shall (1) provide for the examination of applicants by the board or through a nationally recognized competency examination approved by the board and issue licenses to applicants the board finds qualified; (2) adopt regulations governing (A) licensing of massage therapists; (B) the practice of massage therapy; and (C) massage therapy establishments; (3) establish standards of professional competence and ethical conduct for massage therapists; (4) establish standards for continuing education for massage therapists; standards adopted by the board under this paragraph must allow for approval of Internet-based continuing education courses; (5) make available to the public a list of massage therapists licensed under this chapter; (6) determine which states have educational and licensing requirements equivalent to the requirements of this state; (7) enforce the provisions of this chapter and adopt and enforce regulations necessary to implement this chapter; and (8) approve one or more nationally recognized competency examinations and publish and periodically update the list of approved examinations. Sec. 08.61.030. Qualifications for license. The board shall issue a license to practice massage therapy to a person who (1) applies on a form provided by the department; (2) pays the fees established under AS 08.61.090 ; (3) furnishes evidence satisfactory to the board that the person has completed a (A) course of study of at least 625 hours of in-class supervised instruction and clinical work from an approved massage school; or (B) board-approved apprenticeship program; (4) is 18 years of age or older; (5) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 ; (6) has a current cardiopulmonary resuscitation certification; (7) has received at least two hours of safety education covering bloodborne pathogens and universal precautions in the two years preceding the application for the license; in this paragraph, “bloodborne pathogens” has the meaning given in AS 18.15.450 ; (8) has successfully completed a nationally recognized competency examination approved by the board; and (9) has not been convicted of, or pled guilty or no contest to, a crime involving moral turpitude, or who has been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person's ability to practice competently and safely. Sec. 08.61.040. Licensure by credentials. The board shall issue a license to practice massage therapy to a person who (1) is 18 years of age or older; (2) applies on a form provided by the department; (3) pays the fees established under AS 08.61.090 ; (4) has submitted the person's fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 ; (5) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority in this state or another jurisdiction; (6) has not had a certificate or license to practice massage therapy revoked, suspended, or voluntarily surrendered in this state or another jurisdiction; (7) has not been convicted of, or pled guilty or no contest to, a crime involving moral turpitude, or has been convicted of, or pled guilty or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person's ability to practice competently and safely; (8) has a current cardiopulmonary resuscitation certification; and (9) is currently (A) licensed to practice massage therapy in another state or country that has licensing requirements that are substantially equal to or greater than the requirements of this state; or (B) certified by a certification entity approved by the board. Sec. 08.61.050. Standards for license renewal. The board shall renew a license issued under this chapter to a licensee who (1) pays the required fee; (2) meets the continuing education requirements established by the board; (3) has not been convicted of, or pled guilty or no contest to, a crime involving moral turpitude, or has been convicted of, or pled guilty to or no contest to, a crime involving moral turpitude if the board finds that the conviction does not affect the person's ability to practice competently and safely; (4) has a current cardiopulmonary resuscitation certification; and (5) has been fingerprinted and has provided the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check at least once every six years; the fingerprints and fees shall be forwarded to the Department of Public Safety to obtain a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 . Sec. 08.61.060. Grounds for imposition of disciplinary sanctions. After a hearing, the board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter if the board finds that the person (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing massage therapy services or engaging in massage therapy; (3) advertised massage therapy services in a false or misleading manner; (4) has been convicted of a felony or another crime that affects the licensee's ability to continue to practice competently and safely; (5) intentionally or negligently engaged in, or permitted a person under the licensed massage therapist's supervision to engage in, client care that did not conform to minimum professional standards, whether or not actual injury to the client occurred; (6) failed to comply with a provision of this chapter, a regulation adopted under this chapter, or an order of the board; (7) continued to practice after becoming unfit because of (A) professional incompetence; or (B) addiction or severe dependency on alcohol or another drug that impairs the ability to practice safely; or (8) engaged in unethical conduct or sexual misconduct in connection with the delivery of massage therapy services to a client. Sec. 08.61.070. Practice of massage therapy without license prohibited. (a) A person may not practice massage therapy or represent that the person is a massage therapist unless the person holds a valid license under this chapter. In this subsection, a person represents that the person is a massage therapist when the person adopts or uses a title or description of services that incorporates one or more of the following terms or designations: massage, massage practitioner, massage therapist, massage therapy, therapeutic massage, massage technician, massage technology, massagist, masseur, masseuse, myotherapist, myotherapy, or another term describing a traditional European or contemporary western massage method, or a derivation of a term that implies a massage technique or method. (b) A person who knowingly violates (a) of this section is guilty of a class B misdemeanor. Sec. 08.61.080. Exceptions to application of chapter. This chapter does not apply to a (1) person licensed in the state under a statute outside this chapter who performs massage therapy within the scope of practice for which the person's license was issued; (2) person who, while acting in an official capacity as an employee of the United States government, performs massage therapy; (3) person who is licensed, registered, or certified in another state, territory, the District of Columbia, or a foreign country while the person is temporarily (A) practicing massage therapy in this state in connection with teaching a course related to massage therapy; or (B) consulting with a person licensed under this chapter; (4) student enrolled in an approved massage school or course of study who is completing a clinical requirement for graduation under the general supervision of a person licensed under this chapter if the student is clearly identified as a student while performing massage therapy services on members of the public and is not compensated for the massage therapy services; (5) person only performing massage therapy on members of the person's family; (6) person only performing techniques that do not involve contact with the body of another person; (7) person only performing techniques that involve resting the hands on the surface of the body of another person without delivering pressure to or manipulating the person's soft tissues; (8) person only performing services such as herbal body wraps, skin exfoliation treatments, or the topical application of products to the skin for beautification purposes when the services do not involve direct manipulation of the soft tissues of the body; (9) person only performing massage therapy for the athletic department of an institution maintained by public funds of the state or a political subdivision of the state or only practicing massage therapy for the athletic department of a school or college approved by the board using recognized national professional standards; (10) person engaged only in the practice of structural integration for restoring postural balance and functional ease by integrating the body in gravity using a system of fascial manipulation and awareness who has graduated from a program or is a current member of an organization recognized by the International Association of Structural Integrators, including the Rolf Institute of Structural Integration; (11) person using only light touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement or to affect the energy systems; (12) person performing only the traditional practices of Native American traditional healers; (13) person practicing only the manipulation of the soft tissues of the hands, feet, or ears and not holding out to be a massage therapist. Sec. 08.61.090. Fees. The department shall set fees under AS 08.01.065 for application, license issuance, license renewal, and investigation under this chapter. Sec. 08.61.100. Definitions. In this chapter, (1) “approved massage school” means a massage therapy school or program that (A) has an authorization to operate from the Alaska Commission on Postsecondary Education or a similar entity in another state; or (B) is accredited by a nationally recognized accrediting agency; (2) “board” means the Board of Massage Therapists; (3) “department” means the Department of Commerce, Community, and Economic Development; (4) “massage therapist” means a person licensed under this chapter; (5) “practice of massage therapy” means the provision, for compensation, of a service involving the systematic manipulation and treatment of the soft tissues, including the muscular and connective tissues of the human body, to enhance the functions of those tissues and promote relaxation and well-being; in this paragraph, “manipulation and treatment” (A) includes manual techniques applied with the intent to physically affect local soft tissues, such as pressure, friction, stroking, percussion, kneading, vibration, muscular assessment by palpation, range of motion for purposes of demonstrating muscle exertion for muscle flexibility, nonspecific stretching, and application of superficial heat, cold, water, lubricants, or salts; (B) does not include diagnosis, the prescription of drugs or medicines, the practice of physical therapy, attempts to manipulate any articulation of the body or spine, or mobilization of these articulations by use of a thrusting force.