Arkansas Administrative Code
Agency 059 - Arkansas Board of Massage Therapy
Rule 059.00.10-001 - 2010 Rules and Regulations

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.

"Massage therapy" means to engage in the practice of any of the following procedures:

2. 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, and sauna treatments.

3. 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.

4. 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. 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.

5. Practices involving the use of ultrasound are outside the scope of massage therapy unless the therapist can present educational qualifications acceptable to the Board and a licensed physician prescribes the treatment.

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. Direct supervision is defined as "being in the physical presence of a licensed master massage therapist or massage therapy instructor."

9. Assist is defined as "acting as an aide to a master massage therapist or massage therapy instructor."

10. Continuing Education is defined as education that is acquired after individual has graduated and become licensed as a massage therapist.

11. Guest Instructor is defined as a qualified speaker or presenter who does not teach more than sixteen (16) clock hours in a school curriculum.

1. The Board designates all forms and letters to accompany requests such as applications for licensure, licensing renewals, applications for upgrades to master, 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.

3. Applications to the Board for approval of licensures, 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.

4. A copy of the Massage Therapy Law and a copy of the latest adopted Rules and Regulations shall be posted on the Board's website and available for download.

5. All persons applying for any level of licensure are required to have their background reviewed through a criminal records check.

6. Applicants are responsible for the costs of a state and federal records check and should arrange to submit to the records check prior to submitting an application to the Arkansas State Board of Massage Therapy for licensure.

7. Unless waived by the Board, no applicant is eligible to receive or hold a license issued by the Board "if the applicant has pleaded guilty or nolo contendere to or been found guilty of a felony or Class A misdemeanor or any offense involving fraud, theft, or dishonesty."

8. Applicants for licensing are considered who have completed and graduated with a minimum of 500 in-classroom hours of massage therapy classes, or proof is given of completion of the specific classes and hours taken as required in Arkansas massage schools.

9. 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.

10. As a part of the original approval process, 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)(5).

1. The Complaint Committee is comprised of the Board's Executive Director or Interim Designee, Board President or their appointed Board member, and the Attorney General's representative, who advises the Committee without a vote.

2. Complaints against licensees, making reports of suspected violations and other information must be written, signed and notarized by the complaining party and submitted to the Executive Director of the Board.

3. For the purpose of adjudicative hearings on complaints, the Board adopts the Model Rules of Procedure for Regulatory and Licensing Agencies as promulgated by the Arkansas Attorney General, which are provided upon request to the Attorney General's office, found online at: http://ag.arkansas.gov/pdfs/modelrules.pdf and all adjudicated hearings shall comply with the Arkansas Administrative Procedures Act, & 25-15-201 et. seq.

4. 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 their attention constituting reasonable belief that a violation of law or rule has occurred.

5. Complaints regarding the Board or its officers may be directed in writing to the Board's President for necessary action.

1. The Board may administer an examination of its own preparation as the State licensing examination for Arkansas massage therapists.

2. The Board may accept the Federation of State Massage Therapy Board Massage and Bodywork Licensing Exam (MBLEx) in lieu of the State licensing examination provided that the applicant passes a Board examination that verifies their knowledge of the Massage Therapy Act and of these rules and regulations that govern the practice of massage

3. In the instance of multiple exams, the Board reserves the right to choose specific exams.

4. The Board may, at its discretion, require a practical examination and may publish guidelines for the examination so that applicants might have insight into what would be expected to be demonstrated.

1. All courses for continuing education must fall under the scope of practice of the ASBMT as relates to Principles and Methods of Article One.

2. Courses, demonstrations and workshops offered within the State of Arkansas, must be submitted to the ASBMT for prior approval for continuing education credits.

3. For the purpose of renewing or upgrading a license, credits may be approved for courses that are:

4. Home study and online courses may be approved by the ASBMT providing all the following criteria are met.

5. Each course requesting ASBMT approval must present all required information on the forms prescribed by the Board and include an original with seven (7) identically collated duplicates (for a total of eight (8) along with appropriate fees).

6. Pre-approved continuing education providers must comply with the following rules:

7. Officially transcribed college level courses may be accepted at the rate of three (3) college-credit hours in equal forty (40) clock-hours of education.

8. 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.

9. For the purpose of upgrading a license, duplicated continuing education courses do not apply toward required hours for the upgrade.

10. Instructors may only teach courses that reflect a percentage level of their training consistent with hours of credit being offered by the instructor.

11. The Board may audit or direct Board staff to audit a percentage of randomly-selected, active licensees, as determined by the Board, for compliance with continuing education requirements.

12. Disciplinary action for violations of rules of the Conduct and Ethics will be conducted in accordance with the procedures adopted in Article Three of these rules.

1. Massage therapists working in bathhouses, clinics, spas, or other facilities must be given adequate workspace.

2. In-home massage clinics/offices must be located in a separate room or rooms, used only for massage therapy services during ordinary business operations.

3. Therapists must comply with all city, county, and/or state regulations.

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.

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 ordinance 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.

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.

9. Schools must inform students regarding emergency evacuation procedures with routes and exits posted.

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.

11. Schools must provide an atmosphere that is conducive to learning.

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.

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.

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 and written learning objectives. Instructors will follow daily lesson plans and will provide active, organized learning sessions.

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 five (5) 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 shall be conducted with all grades recorded.

21. Attendance records will be maintained and verified by the school and must be made available for inspection by the Board upon request.

22. Schools must maintain factual records of the first-time pass/fail rates on required Board examinations of all graduates of their program.

23. Schools must provide all students with knowledge of location where to obtain a copy.

24. Schools must provide no less than three (3) clock-hours of HIV/AIDS and other basic communicable disease education within their twenty-five (25) hours of hygiene and infectious control as required by Arkansas Code &17-86-306 (e)(4).

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 the person's qualifications and technical expertise.

30. Each school must be able to 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:

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 a master 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 subjects 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 relates 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 school curriculum. Article Seven (7) paragraph # 32, 33 and 34 show how guest instructors shall be qualified.

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.

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:

40. All clinical massages must be documented and performed under the supervision of a qualified technical instructor who has access to the treatment area at all times.

41. Students may not solicit 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.

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.

46. Schools providing off-site student massages shall be allowed only under the direct supervision of a Massage Therapy Instructor or Master Massage Therapist

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. Massage therapists shall ensure and safeguard the following rights of the clients:

4. The licensed massage therapist adheres to the following practices:

5. Violations of any provision under this article may result in disciplinary action by the Board, up to and including revocation of licensure.

6. Disciplinary action for violations of rules of Conduct and Ethics will be conducted in accordance with the procedures adopted Article Three (3) of these rules.

1. Draping and treatment are 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 or fully clothed under the drape.

3. Clients receiving a massage must be draped to assure that the pubic area and genitals are not exposed.

4. The Board shall revoke the license for a period of three (3) years of a licensee who engages in the practice of massage therapy of the anus and genitalia.

5. 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.

6. The Board shall revoke the license for a period of three years of a licensee who engages in the practice of massage therapy of the breast tissue unless:

1. Every massage therapy license, active or inactive, is valid for a period of two (2) years.

2. Renewal application forms will be mailed out the first of the month preceding the month they are due.

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.

1. The Board may enter into reciprocal relations with other states and territories whose licensure requirements are much the same as those provided in this chapter.