Ala. Admin. Code r. 532-X-4-.03

Current through Register Vol. 43, No. 02, November 27, 2024
Section 532-X-4-.03 - [Effective until 3/15/2025] Massage Therapist Establishment Initial License Application
(1) An applicant for a massage therapy establishment license shall be the owner, lessee, or legal possessor of the physical establishment.
(a) If the massage therapy establishment is owned, leased, or legally possessed by a sole proprietor (individual person, sole owner/officer of a corporation, or sole member of a limited liability company), the individual who is a sole proprietor, as well as any other natural person appearing on the documentation of the applicant's right to occupy the establishment, shall apply for the massage therapy establishment license and shall be considered the "applicant" for all purposes in these rules.
(b) If the massage therapy establishment is owned, leased, or legally possessed by a partnership, corporation, or limited liability company, each owner/director/officer of a corporation, each partner in a partnership, and each member of a limited liability company, shall be considered the "applicant" for all purposes in these rules.
(c) If an entity owns or manages more than one million dollars ($1,000,000.00) in assets in Alabama, the entity may designate one officer and the manager of the establishment as applicants for the entity
(2) An applicant for a massage therapy establishment license shall submit:
(a) A completed application on a Board-approved form.
(b) Required fees.
(c) Proof of the applicant's right to occupy the premises as demonstrated by a deed, lease, or other document establishing lawful possession in the name of the sole proprietor, corporation, limited liability company, or partnership applying for a massage therapy establishment license.
(d) Proof of coverage demonstrating that the applicant possesses professional and general liability insurance with an "A" rated or better insurance carrier in the amount of at least one million dollars.
(e) The fingerprint card and form (see Chapter 532-X-8)
1. An applicant for a massage therapy establishment license, who is a massage therapist and has completed a criminal history background check pursuant to Chapter 532-X-8 within the preceding two years, is exempt from completing a criminal history background check.
(3) If the applicant's United States citizenship has not previously been established pursuant to the requirements of Code of Alabama § 31-13-7, a completed Citizenship or Lawful Presence Checklist and supporting documentation.
(4) A two-inch-by-two-inch photograph showing a frontal view of the head and shoulders of the applicant taken no more than six months earlier than the date of submission.
(5) If the establishment will be operated under a name other than that of the sole proprietor, corporation, limited liability company, or partnership, the name under which the establishment will be operated must be identified and will be included on the establishment license when issued.
(a) The physical location of a proposed massage therapy establishment shall be subject to an initial inspection by the board before a massage therapy establishment license is granted to the applicant.
(b) An affirmative vote of a majority of the members of the board shall be required to grant a license to operate a massage therapy establishment.
(c) A massage therapy establishment license is not assignable or transferable, except as described in § 532-X-4-.05 of these rules.

Ala. Admin. Code r. 532-X-4-.03

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 9/20/2024; expires 109 days, 1/7/2025 (Emergency).
Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 12, September 30, 2024, eff. 11/14/2024.
Amended by Alabama Administrative Monthly Volume XLIII, Issue No. 02, November 27, 2024, eff. 11/15/2024; expires 120 days, exp. 3/15/2025 (Emergency).

Author: Alabama Massage Therapy Licensing Board

Statutory Authority: Code of Ala 1975, § 34-43A-6