Current through Register Vol. 49, No. 9, September, 2024
The Arkansas State Board of Massage Therapy interprets the intent
of the Legislature that passed the Massage Therapy Act and the Governor who
signed it into law to be the protection of public peace, health, safety, and
welfare.
Therefore, the Arkansas State Board of Massage Therapy, in all
its deliberations and in all its adopted Rules and Regulations, diligently
pursues these goals most consistent with the public interest and, at all times,
applies the provisions of the Massage Therapy Act and any Rules and Regulations
(adopted from time to time) in a fair and impartial manner.
Article One
Principles & Methods
1. Terms found in Arkansas Code
&
17-86-102
are descriptive rather than limiting, and massage therapy includes those
techniques which are utilized in all phases of massage and bodywork for the
purposes of relaxation, stress reduction, pain relief, injury prevention,
injury repair, postural improvement, and/ or health enhancement.
2. Massage therapy includes any technique or
procedure that utilizes hands-on or mechanical manipulation of soft tissue
(skin, muscles, and connective tissues) affecting the circulatory, nervous, or
musculoskeletal systems of the body.
3. Any technique or procedure that involves
pressurized touch or contact sufficient to impact soft tissue and/ or
circulation (even if based in non-Western or eclectic approaches) is considered
massage therapy or bodywork if not specifically regulated by another licensing
board.
4. Those practices involving
only light touch in the administration of energetic principles or spiritual
healing do not rise to the level intended to be regulated by law: they are not
addressed under this chapter, and such practices may not receive approval for
continuing education program credits by the Board without endorsement of such
if otherwise qualified under Article Five.
5. Hydrotherapy is defined as the use of
water in any form for therapeutic purposes and includes methods of full and
partial immersion baths, whirlpools, sponging, sprays, body shampoos, body
scrubs, body wraps, fomentations, compresses, poultices, packs, masks, steam
treatments, or sauna treatments.
6.
Depilation, waxing, extractions, and electrolysis are not within the scope of
massage therapy.
7. Colonic
irrigation and other methods of internal hydrotherapy are not within the scope
of massage therapy.
8. Heliotherapy
is defined as the use of light for therapeutic purposes and may consist of the
use of infrared radiation lamps and devices and the various uses of other light
that might be approved by the Board.
9. Electrotherapy is defined as the use of
electrical devices for therapeutic purposes and may consist of the use of
mechanical vibrators, electric stimulation, direct and alternating currents,
interferential currents, micro currents, and Russian stimulation.
10. Therapists must demonstrate training in
the use of electrical devices other than simple mechanical vibrators and
present qualifications acceptable to the Board before using such
devices.
11. Unless prescribed by a
licensed physician, practices involving the use of ultrasound are outside the
scope of massage therapy.
12.
"Direct supervision" is defined as "being in the physical presence of a
licensed master massage therapist or massage therapy instructor," and "assists"
is defined as "assisting the licensed master massage therapist or massage
therapy instructor."
Article
Two
Policies & Procedures
1. The Board designates all forms and letters
to accompany requests such as applications for licensure, licensing renewals,
applications for upgrades to master massage therapist or massage therapy
instructor, continuing education program applications, school applications,
satellite school applications, school renewals, school and/ or clinic
inspections, and any other such forms and letters, as necessary.
2. The Board meets on a pre-determined
quarterly basis and at other times as deemed necessary by the Board and follows
all requirements of the Freedom of Information Act and all other applicable
State laws in conducting such meetings.
a. The
Board may adopt Robert's Rules of Order or such other
procedures or methodologies, as it deems necessary.
3. Applications to the Board for approval of
upgrades to master massage therapist or massage therapy instructor, continuing
education program courses, school licensure, satellite schools, and all
requests from members of the public for items to be placed on the Board's
agenda must be submitted to the Board's Executive Director in writing and with
an original and identical seven collated copies postmarked at least thirty (30)
days prior to the applicable Board meeting.
a.
Incomplete applications will be returned to the applicant by regular US
Mail.
b. All applications for
licensure must be received and filed with the Executive Director at least
thirty (30) days prior to a regular state Board meeting.
4. All applicants for licensure are provided
a complete copy of the Massage Therapy Act and a copy of the Rules and
Regulations upon receipt of a completed application.
a. Other persons may request such information
from the Board in accordance with the Freedom of Information Act and must pay
appropriate copying and postage fees.
5. The Board will submit all applications for
massage therapist licensing for a nationwide criminal records check, which
includes a fingerprint check.
6.
Applicants are responsible for the costs of a nationwide records check.
a. Each application must be accompanied by a
check or money order made payable to the Arkansas State Police for the current
costs.
7. All persons
applying for any level of licensure are required to have their background
reviewed through a criminal records check conducted by Arkansas State Police.
a. The applicant for licensing is responsible
for cost of criminal records checks.
b. Applications must be accompanied by check
or money order made payable to the Arkansas State Police for the current costs
of criminal records checks.
8. No person is eligible to be licensed by
the Arkansas State Board of Massage Therapy who has pled guilty, nolo
contendere, or been found guilty of a felony or
prostitution.
9. The license number
(not certificate number) of the massage therapist(s), massage clinic, or
massage school must be displayed in all advertising, specifically including,
but not limited to, business cards, Yellow Pages or other pages advertising,
stationary, newspaper advertisements, or any advertising that displays the name
of the therapist, clinic, or school.
a.
Licensees have one year from the date of approval of these rules to comply with
this rule.
b. Following approval of
these rules, no expenditure for advertising materials of any kind that is not
in compliance may be made.
10. Applicants for licensing are considered
who completed at least 500 in-classroom hours of massage therapy classes,
unless proof is given of completion of the specific classes and hours taken as
required in Arkansas massage schools.
a. Each
course must be a passing grade of seventy-five (75) percent or
higher.
11. Individuals
who perform "rubdowns" or apply tanning lotions, oils, or apply other
substances over the body of clients must hold a current massage license or a
license from another discipline and are allowed to use only such procedures as
are within the limits of their respective licenses and scope of practice.
a. Each service performed without a massage
license will constitute a violation of Arkansas Code &
17-86-101
and will be subject to penalties under &
17-86-103.
Article Three
Complaints & Proceedings
1. The Complaint Committee is comprised of
the Board's Executive Director, Board President or their appointed Board
member, and the Attorney General's representative, who advises the Committee
without a vote.
2. The Executive
Director of the Board must encourage anyone providing the Board's office with
verbal or otherwise unofficial information to present such information signed
in writing, verified under oath, and will provide a form for such
purposes.
3. The Board has the
authority and obligation to investigate all such written complaints, and its
Executive Director may, in his or her discretion or at the direction of the
Board, investigate and refer to the Complaint Committee any information that
comes to its attention constituting reasonable belief that a violation of law
or rule has occurred.
4. The
procedure for complaints raised by persons other than the Executive Director is
substantially as follows:
a. Upon receipt of a
Complaint, the Executive Director determines that the complaint is written,
signed, and verified under oath (notarized) by the complainant.
b. A copy of the Complaint is sent Certified
Mail (Return Receipt Service requested) to the person against whom the
complaint is addressed (the Respondent) within ten (10) business days of
receipt along with a letter advising the Respondent that their response must be
postmarked or received by the Board by other means within fourteen (14)
calendar days from the day they received the complaint.
c. Once the Executive Director receives a
response or the time for response has run, copies of the Complaint and Response
are forwarded to the Complaint Committee, and a conference call or calls will
be scheduled as soon as practicable to determine if the complaint states
reasonable grounds for belief that a violation of law or rule has been
committed by Respondent.
d. The
Complaint Committee may recommend that a Board hearing be held, that there is
no jurisdiction over the actions complained of, or that the actions complained
of are not actionable.
1. In all cases, the
recommendation is explained in summary fashion to the Board.
2. If the Complaint Committee determines that
the Board should conduct a hearing on the matter, the Executive Director issues
a Show Cause Order and Notice of Hearing scheduling an official hearing before
the Board at the earliest reasonable date, which may be, but is not required to
be, the next regularly scheduled Board meeting.
3. A Committee recommendation of no action or
action that would not necessitate a hearing must be presented at the next
regularly scheduled Board meeting.
e. The Executive Director is authorized, in
cooperation with the Attorney General's representative, to enter into
negotiations to resolve any alleged violation by Consent Agreement accompanied
by a proposed Order, which will be submitted to the Board at the next regular
or called meeting for approval or rejection.
1. If the Consent Agreement is rejected, the
matter is scheduled for full hearing before the Board as soon as practicable.
5. Hearings
before the Board are conducted as provided under the Administrative
Procedure Act.
6. Upon
receipt of a Complaint alleging the practice of massage by any person who does
not hold an Arkansas license or who is not excepted from that requirement by
the Board under law, the Board may, at its option, hold a hearing as provided
above for any Complaint, or may direct the Executive Director to refer the
matter to the Prosecuting Attorney of the county where the act is alleged to
have occurred requesting the Prosecuting Attorney investigate and pursue
charges.
7. Upon failure of the
Prosecuting Attorney to act or to report the findings of his or her
investigation within thirty (30) days, the Complaint is re-directed to the
Prosecuting Attorney for an explanation as to why proper action has not taken
place.
8. Complaints regarding the
Board or its officers may be directed in writing to the Board's President for
necessary action.
Article Five
Continuing Education
1. Seminars, demonstrations, workshops, and
clinics must be submitted for Board approval prior to being offered within the
State of Arkansas for continuing education credits unless qualifying under
Article Five (5), paragraph eight (8).
2. For the purpose of renewing or upgrading a
license, credits may be granted that are pre-approved by the Board.
a. The Board may consider an officially
transcribed college level course completed with a passing grade of seventy-five
(75) percent or higher score in anatomy, physiology, kinesiology, biomechanics,
pathology, and medical terminology.
b. The Board may consider programs with prior
approval of another state board, and which does not meet a criteria of Article
Five (5), paragraphs four (4) and five (5).
3. Each program requesting Board approval
must present all required information on the forms prescribed by the Board and
include an original with seven (7) identically collated duplicates, unless
pre-approved under Article Five (5), paragraph seven (7).
a. Programs must be relevant to and focus on
massage theory, practice methods, health science courses, or professional
ethics.
b. Programs must have
written, stated learning objectives, subject matter, and teaching
methods.
c. Programs must be
instructed by a person who has completed specialized related training, or has
obtained instructor credentials specific to the practice, or has discovered
and/ or developed massage techniques, and who has a minimum of two (2) years
practical experience related to the subject, and who meets at least one of the
following criteria:
1. Holds a current
Arkansas massage therapist license;
2. Graduated from a massage therapy school
approved by the Board or one which has a comparable in-classroom five hundred
(500) hour curriculum;
3. Holds a
minimum of a bachelor's degree with a major in a subject directly related to
the content of the program offered; and
4. Presents to the Board evidence of a
substantial amount of education, training, and knowledge sufficient, in the
discretion of the Board, to qualify their expertise in the field.
4. All continuing
education providers must comply with the following rules:
a. Continuing education program providers
must retain or designate an identifiable person who retains an attendance
roster of participants with copies of any promotional materials for at least
three years following the course's conclusion;
b. Continuing education program providers
must furnish each participant with a certificate of attendance verifying the
successful participant's program completion;
1. The certificate may not be issued until
completion of the program and must contain the participant's name, instructor's
name and signature, title of the program, dates, Board approval number, and
number of credit hours;
c. Continuing education program providers
must submit notification to the Board of any significant changes in their
approved presentation and request from the Board forms for approval for any
substantial changes or additional subjects that they may wish to
offer;
d. One (1) hour of
continuing education credit is defined as no less than fifty (50) minutes of
uninterrupted in-classroom learning, practical demonstration, or practice of
the technique in the presence of the instructor;
e. Presenters/ moderators/ instructors of
courses may not receive credit for the courses they present;
f. The Board retains the right to audit and/
or monitor programs given by the provider; and
g. The Board may rescind provider status or
reject individual programs given by a provider if the provider has disseminated
any false or misleading information in connection with the continuing education
program, or if the provider has failed to conform to and comply with the
written agreement and rules of the Board.
h. The Board may also rescind approval by
vote for any program that, upon review by the Board, is not providing
consistent, quality educational benefits to participants.
1. The Board may rescind approval of
continuing education programs for any of the following reasons:
a. Excessive complaints by
attendees;
b. Failure to provide
stated learning objectives;
c.
Dissemination of false or misleading information;
d. Failure to comply with written rules and
regulations of the Board; and
e.
Failure to meet current standards.
2. A written notice to rescind approval for
continuing education courses will be sent to the person(s) approved to instruct
the course.
a. Instructors will be allowed to
respond in writing and/ or in person at the scheduled Board meeting in which
the course is reviewed.
5. Officially transcribed college level
courses may be accepted at the rate of three (3) college-credit hours to equal
forty (40) clock-hours of education.
a. Any
completed and transcribed course beyond three (3) credit hours may be evaluated
on a case-by-case basis.
6. For the purpose of upgrading a license,
classes that repeat any of the applicant's specific entry-level five hundred
(500) hour coursework will not be accepted.
7. For the purpose of upgrading a license,
duplicated continuing education courses do not apply toward required hours for
the upgrade.
8. Instructors may
only teach courses that reflect a percentage level of their training consistent
with hours of credit being offered by the instructor.
a. No more than twenty (20) percent of the
hourly credit can be offered in relation to the training received by the
instructor.
1. For example, if a trainer takes
an approved thirty (30) hour continuing education program, he or she would
qualify to teach a six (6) hour course in that particular subject.
b. At the Board's discretion,
credit may be given for extensive history teaching the course and/ or related
courses, or practice in the field.
Article Seven
Massage Schools
General Requirements
1. School applications will be complete in
every aspect and verify compliance with the Massage Therapy Act, all relevant
Rules and Regulations of the Board, and sound educational principles.
2. Each school is required to furnish such
information and documents as may be required by the Board and must comply with
all valid requirements of the Board or be subject to suspension or revocation
of licensure.
3. The Board may
accept training hours submitted by applicants for licensure who graduated from
out-of-state schools only upon verification that such education was received as
in-classroom instruction and such programs follow or followed similar
procedures as required of in-state schools.
4. It is the duty of the Board under law to
inspect all schools operated within the state each year.
a. The Board or its authorized agent conducts
such inspections during regular operations causing a minimum of disruption to
any class that may be in session.
b. Inspections include facility evaluations
as well as necessary review of records to ensure compliance with the massage
therapy act and all other rules and regulations pertaining to operation of a
licensed school.
5.
Prior to operating any phase of training, massage therapy schools within the
State of Arkansas must apply for licensing, receive licensing approval, and
maintain valid licensing.
6.
Schools must adhere to all state and local ordinances and provide a copy of the
fire inspection, occupancy license, and/ or business permits where required by
law, and furnish copies to the Board upon request.
7. After satisfactory completion of initial
requirements, schools are required to undergo Board inspection.
a. A Board member or staff member will make
inspection of the school premises with required forms completed, and the
results of such inspection will be returned to the Executive Director of the
Board with approval and/ or adjustment recommendations.
b. Facilities that do not pass the first
inspection are eligible for re-inspection.
1.
When failures are corrected and the Board is advised that corrections are
completed, a second inspection to determine the school's compliance with
requirements for licensure will be made within thirty (30) days.
8. Any school desiring
to move the location of its license must notify the Board in writing at least
thirty (30) days prior to any location change.
a. The Board will inspect the school's new
location within thirty (30) days of receiving a relocation notice.
9. Schools must inform students
regarding emergency evacuation procedures with routes and exits posted.
a. Smoke detectors must be installed and
maintained in working order.
b.
Fire extinguishers must be easily accessible.
10. Schools have the discretion to grant CLEP
credit for any previously obtained, successfully passed, and officially
documented classroom education only upon a student's passing such examinations
as required by the school.
a. Such credit may
be granted at the rate of three (3) college credits to equal no more than forty
(40) clock-hours.
b. Schools will
maintain a file copy of all such examinations for Board inspection.
Facility Requirements
11. Schools must provide an atmosphere that
is conducive to learning.
a. Space must be
sufficient for unrestricted movement around massage tables.
b. Lighting, ventilation, and temperature
control must be adequate.
c.
Educational equipment must be in evidence, such as chalk or marker boards,
charts, or other appropriate teaching aids.
d. School facilities and equipment must be
maintained in clean and operable condition.
12. Schools will provide students with desks,
and/ or tables and chairs, and adequate space to accommodate all students
during the class hours for which they are enrolled.
a. The school facilities must include a
minimum one (1) massage table for every two (2) students in class.
13. A minimum of one hand-washing
sink supplied with a filled soap dispenser and a sanitary hand drying method
must be easily accessible.
14.
Alcohol or illicit drug use is prohibited on school premises or at any school
function.
15. A duplicate of all
student records for the immediately preceding five (5) year period must be kept
off the school premises.
a. This duplicate may
be either a paper copy or in a form that may reproduce the copies by computer.
Instruction Methods
16. Schools must follow a curriculum which
has been presented to and approved by the Board and will make further
applications to the Board for any substantial modifications in the subjects,
contents, or instructional methods offered to the students.
17. Each specified course of study must be
outlined with a syllabus. Instructors will follow daily lesson plans and will
provide active, organized learning sessions.
a. Recognized methods of instruction, such
as, but not limited to, lecture, demonstration, and supervised hands-on
practice will be utilized to ensure reasonable learning objectives and
outcomes.
18. All
classes must be instructed and supervised by qualified and approved personnel
and consist of no less than fifty (50) minutes of active teaching per credit
hour. In-school study time is limited to no more than ten (10) percent of the
total hours of a program.
19.
Active teaching means a qualified school instructor offering organized lecture,
activities, demonstration, and/ or direct and immediate supervision of students
during hands-on practice.
20.
Written and practical evaluations must be conducted with all grades recorded.
a. The Board, upon request, may make such
information available for inspection.
21. Attendance records will be maintained and
verified by the school and must be made available for inspection by the Board
upon request.
a. Such records verify both the
subject and the actual attendance in class of each student enrolled.
22. Schools must maintain factual
records of the first-time pass/ fail rates on required Board examinations of
all graduates of their program.
a. Such
records must be inspected each year, and any school whose graduates do not
maintain a seventy-five (75) percent first-time pass rate average on Board
examinations is subject to probation, suspension, and/ or revocation of
licensure.
23. Schools
must provide all students with a copy of the Massage Therapy Act and of the
Rules and Regulations of the Board.
24. Schools must provide no less than three
(3) clock-hours of HIV/AIDS and other basic communicable disease
education.
25. Schools must require
and maintain proof of CPR training for all students at the time of their
graduation.
26. Schools that teach
massage with students wearing swimsuits or underwear must instruct students at
some time during their school on how to work on unclothed clients with a
minimum of twenty (20) hours of classroom or student clinic massages unless
there is a documented religious or medical objection made by the
student.
27. Schools may not
include more than five (5) percent of their total school curriculum of
instruction with reiki, polarity, or other energy-based modalities.
Instructor Qualifications
28. All persons who instruct any portion of a
curriculum within an approved massage therapy school must have received
adequate training and experience to possess a high degree of knowledge and
competency in any and all subjects they are to instruct.
29. Each school must have on file such
diplomas, transcripts, certifications, resumes, and/ or other verifiable
documents that attest to that person's qualifications and technical
expertise.
30. Each school must
supply the Board with a list of the instructors who have taught or who will be
teaching at that school along with documentation of their qualifications and
the subjects they have instructed or will instruct.
31. For the purposes of qualifying
instructors for subjects required by
Arkansas Code &
17-86-306,
the following definitions will be used:
a.
Technical subjects are those defined as massage therapy techniques,
hydrotherapy, heliotherapy, electrotherapy, and any hands-on training that may
occur under various related subjects.
b. Academic subjects include anatomy,
physiology, pathology, and related human sciences; and
c. Non-technical subjects include massage
therapy laws, ethics, and business management.
32. Persons to instruct technical subjects
must be qualified and hold a current license as a master massage therapist or
massage therapy instructor, and must have a minimum of two (2) years of
consecutive and active experience in the practice of massage therapy.
33. Persons to instruct academic subjects
must be qualified and hold a current license as amaster massage therapist or
massage therapy instructor as defined in Arkansas Code &
17-86-102(6)
(A) or hold a minimum of a Bachelor's degree
plus two (2) years practical experience in a subject directly related to that
being taught.
34. Persons to
instruct non-technical subjects must be qualified and hold a current license as
a master massage therapist or massage therapy instructor as defined in
Arkansas Code &
17-86-102(6)(A)
or hold a minimum of a two (2) year associate's degree and two (2) years
practical experience in a subject directly related to that being
taught.
35. Massage therapy schools
must use qualified licensed master massage therapists, massage therapy
instructors, and/ or medical personnel within the scope of their professional
background as instructors, or may allow other licensed professionals to teach
within their field of expertise.
36. Schools may invite guest instructors to
teach within their program without Board pre-approval if such guest instructor
presents no more than sixteen (16) hours per five hundred (500) hour program
not to exceed two (2) years in succession.
a.
Schools may utilize guest instructors to provide no more than a total of
twenty-five (25) hours per five hundred (500) hour course.
1. Record of all hours of instruction
provided in this manner must be maintained by the school and be made available
for Board inspection upon request.
b. Schools must keep a log of guest
instructors.
c. If the Board should
raise the total hours required for students to complete the program, then the
Board has the option to increase the allowed number of hours of guest
instruction above the twenty-five (25) hour maximum.
Student Clinicals
37. The purpose of any student clinical is to
provide advancing students, enrolled in approved schools, an opportunity to
gain practical experience working with the public in a supervised setting.
a. The school follows such practices as are
consistent with the above stated intent.
38. The status of the practitioner must be
made clearly evident to the recipient of student massage.
39. Any student to be considered eligible for
clinical practice must have completed the following requirements:
a. Have successfully completed one hundred
(100) hours of anatomy, physiology, pathology, and contraindications for
massage therapy, and one hundred (100) hours of technical training, and all
portions of the school's curriculum pertaining to personal hygiene, sanitation,
ethics, and professional standards;
b. Have on file at the school a recently
issued statement by a physician declaring them to be in good health and
negative for tuberculosis; and
c.
Have enforced student liability insurance and provide proof thereof.
40. All clinical massages must be
documented and performed under the immediate supervision of a qualified
technical instructor who has access to the treatment area at all times.
a. No more than fifty (50) hours of student
massage may be attained in this manner and may be applied to meet the
requirements for licensure.
41. Students may not solicit or accept
payment in any form during clinical practice either on school premises, at
chosen locations for field trips, or while practicing away from school
facilities and direction.
a. This includes
tips, barters, and/ or trades.
42. Schools may charge a reduced fee for
student clinical massages.
43.
Schools must provide upon request by the Board all such evidence as may be
required to determine compliance with these and all other rules of this
Board.
44. No student may leave
classroom instruction to perform student-client massages.
45. Schools abusing the student-client
massage relationship are subject to sanctions by the Board.
Article Eight
Conduct & Ethics
1. It is the responsibility of the licensed
massage therapist to create and maintain a safe and comfortable environment
that engenders trust and mutual respect during a massage session.
2. It is the therapist's responsibility to
inform clients of their rights as recipients of massage therapy.
3. Clients have the following rights:
a. Obtaining necessary information from the
client, to be held in confidence, regarding pertinent health history in order
to assure safe treatment at all times;
b. Informing the client of their right to
terminate or modify their treatment at any time;
c. Staying within the scope of practice of
massage therapy, performing only techniques for which they are appropriately
and sufficiently trained;
d.
Referring all clients to appropriate health care practitioners or other
professionals as such need arises; and
e. Refraining, under all circumstances from
initiating or engaging in any sexual conversation, sexual conduct, sexual
behavior, or sexual activities involving a client, even if the client attempts
to sexualize the relationship.
4. The licensed massage therapist adheres to
the following practices:
a. Conducts all
aspects of their massage practice in a legal, ethical, and responsible
way;
b. Upholds the highest
standards of concern and respect for the well being of their clients;
c. Reports to the Board in writing and under
oath any knowledge of violations of the Massage Therapy Act or the adopted
Rules and Regulations; and
d. Wears
professional attire that is non-provocative in style and fit.
Article Nine
Draping & Guidelines
1. Draping and treatment is provided in a way
that ensures the safety, comfort, and privacy of the client and
therapist.
2. Both the client and
the therapist require that draping takes place during the massage, and the
therapist will comply with the client's request to remain partially clothed
under the drape.
a. No exception may be made
to the policy unless both the therapist and client have given prior written,
signed consents along with documentation for this procedure.
3. The breast of a female client
may be treated only if there is a valid health maintenance request from the
client or upon being presented with a prescription or referral from a qualified
medical professional.
a. A female client's
breast may not be exposed without first having obtained her prior written,
signed consent.
b. A written
description and explanation is to be given before the massage begins and
permission granted again before uncovering the breast.
1. Treatments must be noted on the client's
assessment form.
4. Clients receiving massage must be draped
to assure that the pubic area and genitals are not exposed.
5. Care should be given to avoid exposure of
gluteal cleavage.
a. Do not expose more than
one (1) inch of gluteal cleavage.
1. If more
gluteal cleavage is to be exposed for certain massage techniques, the therapist
must obtain prior written consent from the client.
b. Treatments must be noted on the client's
assessment form.
6. The
genitals or anus of a client may be treated only upon being presented with a
prescription for such therapy from the client's medical professional and after
the massage therapist has discussed the orders with the physician and has
obtained client's prior written consent.
a.
Treatments must be noted on the client's assessment form.
7. Any massage technique that requires
massage inside the gluteal crease must be performed using medical quality
examination gloves that are then placed in a biohazard container for disposal.
a. Treatments must be noted on the client's
assessment form.
Article
Ten
Renewals & Processes
1. The Board considers only U.S.
State-approved medical doctors, nurse practitioners and departments of health,
and their equivalents, as qualified health care providers for purposes of
certifying health compliance. A copy of the verifiable statement or health card
issued by such providers indicating that the holder is free from contagious
tuberculosis must be provided and meet the requirements of Arkansas
Code &
17-86-309(A)(4).
2. Persons who graduate from massage therapy
school and become licensed after June 30 are not required to obtain continuing
education during their initial year of licensure.
3. Licenses not renewed or placed on inactive
status annually postmarked on or before June 30 are expired.
4. Persons practicing with an expired license
may be prosecuted for practicing without a license and penalties of
Arkansas Code &
17-86-103
will be applied.
5. A person
seeking to renew an expired license will pay, in addition to other costs, a fee
of twenty-five dollars ($25) per month beginning on the first day of each month
the license was expired up to a maximum of one hundred fifty dollars ($150) for
each year the license was expired.
6. All continuing education requirements that
would have been required of a licensee during the period the license was
inactive must be acquired before renewal.
7. After a license has been expired more than
three years, the applicant must also meet current law requirements for school
hours and testing.
8. A cover
letter with instructions for filling out the license renewal form and for
completing the renewal process is included with each renewal packet to be
mailed to all licensees at their last known address and postmarked no later
than May 15 each year.
9. Completed
license renewal applications must be received by the Board no later than June
30 each year.
a. All un-renewed licenses
expire July 1.
b. Penalties will
apply for all renewals postmarked after June 30 of each
year.
10. Incorrect and/
or incomplete license renewal applications are returned to the applicant for
completion.
a. Corrected applications
postmarked after June 30 each year will be subject to the penalty fees for late
renewal.