Alabama § 34-43A-9 - Licensing of Massage Therapy Establishments; Initial Inspection.

§ 34-43A-9. Licensing of Massage Therapy Establishments; Initial Inspection.

(a) No massage therapy establishment shall operate in this state without a license issued by the department.

(b) A sexually-oriented business may not operate as a massage therapy establishment or be licensed by the department pursuant to this chapter.

(c) A massage therapy establishment shall contract with or employ only licensed massage therapists to perform massage therapy. Each establishment shall notify the department of every massage therapist who performs massage therapy at or through the massage therapy establishment, and one of those massage therapists shall be designated as the individual who will ensure that the massage therapy establishment complies with state law and all applicable administrative rules.

(d) A massage therapy establishment license is not assignable or transferable.

(e) If the holder of a massage therapy establishment license moves the location of the massage therapy establishment without changing either the name or ownership of that massage therapy establishment, the department may waive the new establishment license fee, if documentation set by rule of the committee is approved. This subsection shall not change the expiration date of a massage therapy establishment license. The new location is subject to an inspection before any massage therapy services are performed at the new location.

(f)(1) Except as provided in subdivision (2), each applicant for an initial massage therapy establishment license shall complete a criminal history background check pursuant to rules adopted by the committee.

(2) An applicant for a massage therapy establishment license who is a massage therapist and has completed a criminal history background check as required by the department within the preceding two years shall be exempt from completing the criminal history background check required in subdivision (1).

(3) An applicant for a massage therapy establishment license shall be the owner, lessee, or legal possessor of the physical establishment.

(g) The physical location of a proposed massage therapy establishment shall be subject to an initial inspection by the department before a massage therapy establishment license is granted to the applicant. A massage therapy establishment that provides only outcall massage therapy services must designate a physical location at which records and equipment are available for inspection.