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17-86-301. Registration required — Exemptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-86-301. Registration required — Exemptions.
(a) It shall be unlawful:
(1)(A) 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; or
(B) 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;
(2) 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;
(3) To employ any person to practice or instruct under this chapter who does not hold a valid license issued by the department;
(4) 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; or
(5) 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. 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, podiat
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-86-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-86-301
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 884e655ec26c0cbc26c45e8c0a32ec5064924cb7a833bea65ee99d196f63a126
Source location: content.xml paragraph 22069
Stored source content
17-86-301. Registration required — Exemptions.
(a) It shall be unlawful:
(1)(A) 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; or
(B) 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;
(2) 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;
(3) To employ any person to practice or instruct under this chapter who does not hold a valid license issued by the department;
(4) 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; or
(5) 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. 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 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
(3) 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-86-302. Sanitary requirements.
(a) It shall be unlawful for any person or school to be licensed or any clinic to be operated under the provisions of this chapter unless the following requirements are met and practiced:
(1) A sink for hand washing with hot and cold running water and soap must be accessible;
(2) A restroom must be accessible;
(3) A towel or sheet that has been used by one (1) client may not be used on another person unless the towel or sheet has been relaundered;
(4) Anyone who has any infectious, contagious, or communicable disease which may be spread by airborne, droplet, contact, or indirect methods and who is in contact with the public must not practice until all risk of disease transmission is cleared. Any employee with such a disease must be immediately relieved from duty until all risk of disease transmission is cleared;
(5) A school or clinic must be equipped with a massage table or tables or a massage chair or chairs or equipped with such standard equipment dictated by the practice engaged in as defined in § 17-86-102; and
(6) A clinic or school must comply with all requirements of the Department of Health, city ordinances, and state laws.
(b) Failure to comply with any of the requirements as set forth by this section will be grounds for suspension or revocation of license.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-86-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-86-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-86-311. Disciplinary actions and penalties.
(a) The Massage Therapy Technical Advisory Committee may deny, suspend, place on probation, or revoke a license upon any one (1) of the following grounds:
(1) A felony listed under § 17-3-102;
(2) Malpractice or gross incompetency;
(3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities;
(4) Habitual drunkenness or habitual use of any illegal drugs;
(5) Serving alcoholic beverages at the clinic or school in a room where massage therapy is being performed or in a massage therapy school;
(6) Unprofessional conduct;
(7) Failure to comply with the Department of Health's Massage Therapy Code of Ethics or any valid rule or order of the department;
(8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy;
(9) Failure of any licensee to comply with this chapter; or
(10) Failure to have licensed personnel to perform massage therapy techniques in his or her clinic or school.
(b)(1) The State Board of Health shall establish by rule the penalty system to be imposed under this section.
(2) Whenever the committee finds that the holder of a license, certificate of registration, or other permit issued by the department is guilty of a violation of the rules of the department or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the department, the committee may impose a penalty on the licensee or permit holder in lieu
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-86-311
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-86-311. This identifies an authority to review, not proof of applicability.