Alabama § 34-43A-2 - Definitions.

§ 34-43A-2. Definitions.

For purposes of this chapter, the following terms have the following meanings:

(1) ADVERTISE. To distribute a card, flier, sign, or device to any individual or entity, or to allow any sign or marking on any building, radio, television, or to publicize by any other means designed to attract public attention.

(2) ADVISORY COUNCIL. The Alabama Massage Therapy Advisory Council created by this chapter.

(3) COMMITTEE. The State Committee of Public Health.

(4) DEPARTMENT. The Alabama Department of Public Health.

(5) EMERGENCY ORDER. The immediate suspension of a license without a hearing when the department determines that public safety is at immediate risk. An emergency order requires a licensee to cease practice pending a formal hearing. The term may also be referred to as the summary suspension of a license.

(6) EXAMINATION. The National Certification Board for Therapeutic Massage and Bodywork Examination or the Federation of State Massage Therapy Board’s Massage and Bodywork Licensing Examination administered by an independent agency or another nationally or internationally accredited examination administered by an independent agency approved by the department, or state examination administered by the department or, at the discretion of the department, a state examination administered by the appropriate regulating body for massage therapy located in another state. The national examination shall be accredited by the National Commission for Certifying Agencies. The department may also administer a written, oral, or practical examination.

(7) LICENSE. The credential issued by the department which allows the holder to engage in the safe and ethical practice of massage therapy.

(8) MASSAGE THERAPIST. An individual licensed pursuant to this chapter who practices or administers massage therapy or related touch therapy modalities to a client for compensation.

(9) MASSAGE THERAPY ESTABLISHMENT. A site, premises, or business licensed by the department where massage therapy is practiced by a massage therapist.

(10) MASSAGE THERAPY INSTRUCTOR. A massage therapist who is approved by the department to teach the practice of massage therapy.

(11) MASSAGE THERAPY or RELATED TOUCH THERAPY MODALITIES. a. The mobilization of the soft tissue which may include skin, fascia, tendons, ligaments, and muscles for the purpose of establishing and maintaining good physical condition.

b. The term includes effleurage, petrissage, tapotement, compression, vibration, stretching, heliotherapy, superficial hot and cold applications, topical applications, or other therapy that involves movement either by hand, forearm, elbow, or foot, or use of manual methods or mechanical or electrical devices or tools that mimic or enhance the action of human hands for the purpose of therapeutic massage, and any massage, movement therapy, massage technology, myotherapy, massotherapy, oriental massage technique, structural integration, acupressure, or polarity therapy.

c. The term may include the external application and use of herbal or chemical preparations and lubricants including, but not limited to, salts, powders, liquids, nonprescription creams, mechanical devices such as cups, T-bars, thumpers, body support systems, heat lamps, hot and cold packs, salt glow, steam cabinet baths, or hydrotherapy.

d. The term does not include laser therapy, microwave, injection therapy, manipulation of the joints, or any diagnosis or treatment of an illness which normally involves the practice of medicine, chiropractic, physical therapy, podiatry, nursing, midwifery, occupational therapy, veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or naturopathics.

(12) MASSAGE THERAPY SCHOOL. A school approved by the department where massage therapy is taught and which is one of the following:

a. If located in Alabama, approved by the department as meeting the minimum established standards of training and curriculum as determined by the department.

b. If located outside of Alabama, recognized by the department, a regionally recognized professional accrediting body, or another state’s licensing authority.

c. A postgraduate training institute accredited by the Commission on Massage Therapy Accreditation.

(13) SEXUALLY-ORIENTED BUSINESS. A sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise that has the offering for sale, rent, or exhibit, or the exhibit of, items or services intended to provide sexual stimulation or sexual gratification to the client.

(14) STATE HEALTH OFFICER. The executive officer of the Alabama Department of Public Health.

(15) STUDENT. Any individual who is enrolled in a massage therapy school.