reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.07 - Liquefied Petroleum Gas Motor Fuel Carburetion Equipment

Current through Register Vol. 42, No. 9, June 28, 2024
That all component appurtenances either used or sold to supply
				liquefied petroleum gas as a fuel to any internal combustion engine from the
				motor fuel container withdrawal valve to the engine intake manifold which is to
				include the automatic shutoff valve, the supply piping, regulation,
				vaporization, gas-air mixing and carburetion equipment shall be approved by
				means of labeling or listing by a recognized laboratory or by a means that is
				acceptable to the authority having jurisdiction. The standard carburetor for an
				internal combustion engine may be used as an integral part of the liquefied
				petroleum gas conversion system.
(a) A
			 proper permit as prescribed by Act No. 220, Regular Session 1965, as amended by
			 Act No. 435, Regular Session 1979, shall be secured before any persons, firms,
			 or corporations shall engage in the business of installing, servicing,
			 repairing or adjusting any liquefied petroleum gas carburetion equipment that
			 is used to supply fuel to any internal combustion engine.
(b) A permit shall not be required for the
			 manufacturers of internal combustion engines who install approved liquefied
			 petroleum gas carburetion equipment and/or components appurtenances as part of
			 the internal combustion engine manufacturing process, provided that no
			 liquefied petroleum gas fuel supply shall be connected.
(c) A permit shall not be required for any
			 person, firm or corporation who is in the business of repairing and/or
			 overhauling internal combustion engine equipped with liquefied petroleum gas
			 carburetion components, provided that during the repair and/or overhaul process
			 no liquefied petroleum gas fuel line or fuel system shall be disconnected. This
			 shall not relieve any person, firm, or corporation from the responsibility of
			 performing the proper leak checks to the liquefied petroleum gas carburetion
			 components that might have been disturbed during the repair and/or overhaul
			 process.
Authors:
Mark Nelson, Leonard Pakruda
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-105,
				  as amended.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.08 - Liquefied Petroleum Gas Piping And Appliance Codes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) That the publication designated as NFPA
			 54, published by the National Fire Protection Association, be adopted as a part
			 of the rules and regulations of the Alabama Liquefied Petroleum Gas Board;
			 provided, however, that existing rules of the board that conflict with NFPA 54
			 shall not be repealed by the adoption of this rule.
(2) That any supplementary rules and
			 regulations to said NFPA 54 adopted by the National Fire Protection Association
			 at some future date must also be adopted by the Alabama Liquefied Petroleum Gas
			 Board prior to enforcement in Alabama. NFPA 54 (2021 Edition), in its entirety,
			 is the current edition adopted by the board with sections 8.2.3 Leak Check and
			 9.1.22 Existing Appliances modified to read as follows:
8.2.3 Leak Check. Immediately after the gas is turned on into a
				new system or into a system that has been initially restored after an
				interruption of service, the complete gas piping system and connected
				appliances or equipment shall be checked for leakage. Where leakage is
				indicated, the gas supply shall be shut off until the necessary repairs have
				been made.
9.1.22 Existing Appliances. Deleted.
Authors:
Leonard Pakruda, Mark Nelson
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-103.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.09 - Inspection Of Underground And 200 Type LP-Gas Storage Containers

Current through Register Vol. 42, No. 9, June 28, 2024
That no new 12-gas container with a working pressure of less
				than that required for a 200 type container shall be installed in the State of
				Alabama. No used underground container shall be installed or reinstalled in the
				State of Alabama except when the container has been duly inspected and approved
				by the Alabama Liquefied Petroleum Gas Board.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-105.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.10 - Time Limits For Submitting/Completing LP-Gas Permit Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Following the
			 application of a person, firm or corporation to engage in any LP-gas business
			 in the State of Alabama as detailed in the various permits of
Code
			 of Ala. 1975
, §
								9-17-105(b),
			 there shall be a lapse of time deemed necessary by the Board's administrator,
			 but not to exceed thirty (30) days, between date of receipt by the Board
			 administrator of the application complete in all respects and the date of
			 consideration of the application by the Board at its next regular scheduled
			 meeting. This time lapse will be used by the Board administrator to ascertain
			 the completeness of the application and the accuracy of the information
			 submitted on the application.
(2)
			 From the time the application is mail stamped received by the Board staff, the
			 applicant will be given a maximum of 180 days to comply with all regulations
			 for the considered issuance of the permit; otherwise, the application will
			 become null and void. Once the application is voided, the applicant must begin
			 the application process anew including new application fees. The 180-day rule
			 shall not begin for Class A permit applications until their initial application
			 is approved by the Board.
Authors:
Leonard Pakruda, Mark Nelson
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-103.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.12 - Class A Permit Applications - Specific Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) New Class A permit applicants not holding
			 another Class A permit in Alabama shall not begin any business activities until
			 their permit is approved by the board and advised in writing by the
			 Administrator. Business activities include, but are not limited to,
			 advertising, construction, sales, or deliveries.
(2) New applicant(s) shall appear before the
			 board at such time as their application is considered. Persons other than the
			 person(s) whose signature appears on the application may be required to appear
			 before the board in consideration of the application. All persons required to
			 appear shall be expected to explain and support their application and
			 experience in any manner which members of the board deem relevant to carry out
			 their responsibility to protect the health and safety of the public.
			 Application, attachments, and board hearings shall attempt to resolve the
			 question of the applicant's qualifications to enter the retail LP-gas business.
			 Factors to be considered and prerequisite requirements are as follows:
(a) Applicant's experience and knowledge of
			 the LP-gas industry. The owner applicant, or designated employee
			 representative, must have previous retail experience under a Class A permit
			 holder or comparable out-of-state business for a period of at least five years
			 to be verified by the administrator of the board.
(b) Applicant's knowledge, technical ability,
			 and adherence to safety standards adopted by the board. Prior to board
			 consideration, the owner applicant, or a designated employee representative,
			 must demonstrate safety knowledge and experience by obtaining through board
			 examination the following employee competency endorsement credentials
			 regardless of whether these specific tasks will initially be performed under
			 the permit:
1. Bobtail Driver
2. Bulk Plant Installation/Repairs
3. Cylinder & Motor Fuel
			 Dispensing
4. Legal
			 Compliance
5. Service Technician
			 (Residential & Commercial)
6.
			 Tank Install/Removal/Inspect
(c) Applicant's proposed facilities and
			 equipment.
(d) Other factors the
			 board may deem important and relevant in qualifying persons as LP-gas
			 dealers.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.13 - Permit Applications (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-105.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.14 - Liquefied Petroleum Motor Fuel Flat Rate Fees (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-105.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.15 - Qualification Of Persons Performing Work On LP-Gas Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In the interest of safety and for the
			 protection of life and property, it shall be required of any end user or person
			 who authorizes the maintenance and/or repair, installation, adjustment, and
			 servicing of liquefied petroleum gas appliances, containers, and/or systems in
			 the State of Alabama to insure that any person, firm or corporation that they
			 may employ and/or authorize to make such repair has a current Class A or Class
			 C permit issued by the Alabama Liquefied Petroleum Gas Board to perform
			 maintenance and/or repairs, installation, adjustments, and/or servicing of any
			 liquefied petroleum gas appliances, containers, and/or systems.
(2) It is unlawful for any person, firm, or
			 corporation to repair, install, adjust, and/or service any liquefied petroleum
			 gas appliances, components, containers, and/or systems in this state unless
			 such person has first met all of the lawful requirements and has first obtained
			 a valid permit issued by the Alabama Liquefied Petroleum Gas Board.
(3) Any person, firm or corporation violating
			 any provision of this regulation, upon conviction, shall be subject to
			 penalties as prescribed by
Code of Ala. 1975
, §
								9-17-109(a).
(4) If any part of this regulation is
			 declared invalid or unconstitutional, such declaration shall not affect the
			 part which remains.
Author:
Mark Nelson
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-105.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.16 - LP-Gas Containers/Replacement/Removal/Repair

Current through Register Vol. 42, No. 9, June 28, 2024
(a) LP-gas containers that are leased or
			 loaned to customers by Class A or B-1 permit holders must be removed from
			 lessee's property within 90 days after notification from the lessee or duly
			 authorized legal representative that the container is no longer desired. The
			 Administrator of the Alabama LP-Gas Board may issue an exemption in writing
			 beyond the 90-day limit for extenuating circumstances.
(b) If a Class A or B-1 permit holder
			 disconnects and/or replaces an LP-gas container owned by another Class A or B-1
			 permit holder, the following conditions apply:
1. The Class A or B-1 permit holder that
			 disconnects or moves the original tank must cap or plug either the service
			 valve or regulator outlet on the tank being disconnected.
2. The Class A or B-1 permit holder that
			 disconnects and moves the original tank must make sure that the disconnected
			 tank is left in an upright position, substantially level, and on a firm masonry
			 foundation.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.17 - LP-Gas Fee Rates

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala. 1975
, §
								9-17-106 authorizes the Alabama Liquefied Petroleum Gas Board to collect an LP-gas fee
			 on each gallon of LP-gas sold or otherwise exchanged in the State of Alabama.
			 The board is authorized to lower or raise the LP-gas fee, but at no time may
			 the board raise the fee above the rate of one-half of one cent per gallon.
			 Effective October 1, 2018 the LP-gas fee rate is one-half of one cent (.005)
			 per gallon.
Author:
Mark Nelson
Statutory Authority:
Code of Ala.
				  1975
, §
										9-17-103,
				  as amended.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Chapter 530-X-2 - RULES AND REGULATIONS OF THE ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Section 530-X-2-.18 - Reciprocity With Alabama Plumbers And Gas Fitters Examining Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 who holds a current Master Gas Fitter card from the Alabama Plumbers and Gas
			 Fitters Examining Board ("Gas Fitters Board") may apply for reciprocity from
			 the Alabama Liquified Petroleum Ga Board ("LP Gas Board") to obtain
an
			 Employee Competency Card
with
Service Technician (Residential
			 and Commercial)
and
Legal Compliance
endorsements
			 under the following conditions:
(a) The
			 reciprocity shall only fulfill the written examination requirements of the LP
			 Gas Board as outlined in
Alabama Administrative Code
			 530-X-2-.11 Employee Competency
			 Requirements
to obtain an
Employee Competency Card
with
Service Technician (Residential and Commercial)
and
Legal Complianc
e endorsements.
(b) Master Gas Fitters seeking to take
			 advantage of this reciprocal agreement must either be already employed by an
			 existing Class A, B-1, or C permit holder with the LP Gas Board, or they must
			 obtain a Class C permit from the LP Gas Board in conjunction with the
Employee Competency Card
. All application requirements as
			 detailed in the
Alabama Administrative Code
must be
			 completed.
Alabama Administrative Code › Title 530 - ALABAMA LIQUEFIED PETROLEUM GAS BOARD › Appendix A - FORMS

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Click to view
			 image
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-1 - GENERAL PROVISIONS › Section 532-X-1-.01 - Massage Therapy Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
Licensure is required for a person to practice Massage Therapy
				as defined by law, in the State of Alabama.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-4.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-1 - GENERAL PROVISIONS › Section 532-X-1-.03 - Applicability And Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A student rendering massage therapy
			 services in a massage therapy school environment under supervision of a
			 licensed massage therapy instructor or an Alabama licensed massage
			 therapist.
(2) Qualified members of
			 other professions who are licensed and regulated under Alabama law, while they
			 are in the course of rendering services within the scope of their license or
			 regulation, are exempt from compliance with the Act and these rules and
			 regulations, provided they do not represent or advertise themselves as massage
			 therapists.
(3) A person giving
			 massages to his or her immediate family is exempt from compliance with the Act
			 and these rules and regulations, provided they do not represent themselves to
			 the public as a massage therapist.
(4) A visiting massage therapy instructor
			 from another state, territory or country engaged in teaching, who is in
			 compliance with the licensure requirements and regulations in his or her place
			 of residence, and does not teach more than one hundred (100) hours of
			 continuing education per year, is exempt from compliance the Act and these
			 rules and regulations, provided they do not advertise or practice massage
			 therapy for the general public.
(5)
			 Member of the Massage Therapy Emergency Rescue Team (MERT) or another
			 nationally or internationally recognized disaster relief association is exempt
			 from compliance with the Act and these rules and regulations during a time
			 declared by the Governor to be a city, county or state emergency, and for a
			 period not to exceed thirty (30) days after such declaration of emergency
			 unless further extended by the Board. The relief association shall not
			 advertise its practice of massage therapy services except in relation to the
			 declared emergency and the association.
(6) Native American healers practicing
			 traditional healing practices are exempt from compliance with the Act and these
			 rules and regulations, provided they do not represent or advertise themselves
			 as massage therapists. If a Native American healer is reported to the Board as
			 either failing to meet the definition of a Native American healer, or as
			 practicing massage therapy rather than traditional healing practices, such
			 Native American healer shall submit to the Board at their request documentation
			 of status as a Native American or evidence of the traditional nature of the
			 healing practice challenged.
(7)
			 Except as set forth above, the Act and these rules and regulations apply to any
			 person who advertises or holds himself or herself out to the public as a
			 massage therapist, or who performs massage therapy in the State of Alabama
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-43-4,
				  34-43-5.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-2 - THE BOARD › Section 532-X-2-.01 - Board Composition And Officers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall consist of seven members,
			 of whom five will be licensed massage therapists and two will be public
			 members. The Board members shall serve no more than two consecutive full terms
			 of four years each. The Board will elect a chairperson and vice chairperson
			 from the members of the Board annually at the October regular session
			 meeting.
(2) Qualifications of the
			 Board members are as set forth in the act.
(3) The Board shall meet quarterly and
			 ascertain the presence of a quorum of a majority of the current appointed board
			 members prior to conducting the business of the Board. The chairperson shall
			 call meetings in addition to the quarterly meetings when in his or her
			 discretion he or she deems it proper, or upon written request of any three
			 members of the Board.
(4) The
			 vice-chairperson shall assume the duties of the chairperson when the
			 chairperson is unable to carry them out. In the event of a vacancy in the
			 position of chairperson during the year for which that position was filled at
			 the October meeting, the vice-chairperson shall act as a chairperson of the
			 Board for the remainder of that year.
(5) Where the positions of chairperson and
			 vice chairperson both become vacant during the year for which these positions
			 were filled at the October meeting, leaving a quorum of the Board remaining,
			 the remaining Board members shall elect by majority vote an interim chairperson
			 for the remainder of that year.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-6.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-2 - THE BOARD › Section 532-X-2-.02 - Board Duties

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall
			 consider and act upon proposals by continuing education providers; review of
			 the rules and regulations; proposed budget; applications for employment; public
			 information requests or offerings.
(2) The Board as a whole shall hold hearings
			 on written allegations of misconduct or violation of the Act; and sit to
			 consider applications for licensure and approval. The Board may delegate
			 application approval authority to the Executive Director when all 3 of the
			 following requirements have been met:
(a)
			 Graduation from an approved Massage Therapy School with a minimum of 650 hours;
			 and
(b) Successful completion of a
			 Board approved examination; and
(c)
			 Evidence of possession of a liability insurance policy of no less than $1
			 million.
Applications not meeting the above specifications or that
				contain "yes" answers to any of the questions on page 2 of the application must
				be presented to the Board for Review at the next regularly scheduled Board
				meeting.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-2 - THE BOARD › Section 532-X-2-.03 - Seal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The seal of the
			 Board shall contain the name of the Board and State of Alabama. The seal shall
			 be affixed to all licenses issued by the Board.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-43-6,
				  34-43-7.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-3 - LICENSURE PROCESS AND REQUIREMENTS › Section 532-X-3-.01 - Massage Therapist Licensure Qualifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensure applicants must be eighteen
			 years of age or older on the date the applications for licensure is submitted
			 to the Board.
(2) The applicant
			 must not have knowingly performed massage therapy, whether for compensation or
			 not, at or for a sexually oriented business, and must not have been convicted
			 of or entered a plea of nolo contendere to a crime involving prostitution or
			 other sexual offense within a three-year period before submitting the
			 application for licensure.
(3) The
			 applicant must complete an application on the forms approved by the Board, and
			 shall pay for all fees as set forth below, in a timely manner.
(4) The applicant shall cause the approved
			 school which the applicant attended to provide an original transcript of the
			 applicant's satisfactory completion of the required course of instruction or
			 curriculum, where the applicant is relying on the education requirement
			 satisfaction for application to take the examination for licensure. If original
			 transcripts are not available due to unusual circumstances, the school should
			 so certify to the Board, and the Board may approve submission of alternate
			 documents that substantiate the applicant's satisfaction of the education
			 requirements.
(5) An applicant who
			 is licensed or registered to practice massage therapy in another state or
			 sovereign state and wishes to obtain licensure in Alabama must meet the minimum
			 requirements set forth by the Board for licensure.
(6) Each first-time applicant for licensure
			 must both complete the education requirements and take a board approved
			 examination.
(7) The education
			 requirements for eligibility to apply for licensure are as follows as
			 referenced in
			 532-X-3-.05:
(b) The Board requires 650 hours of a
			 supervised course of instruction:
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-3 - LICENSURE PROCESS AND REQUIREMENTS › Section 532-X-3-.02 - Application Deadlines. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-10.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-3 - LICENSURE PROCESS AND REQUIREMENTS › Section 532-X-3-.04 - Establishment Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Each massage therapy establishment and on-site or out-call establishment as
			 defined in these rules and regulations shall obtain a license to operate from
			 the Board. A licensed owner, employee, or contractor may perform on-site or
			 out-call massage therapy so long as the client knows the massage therapist
			 owns, is employed by, or contracted from a licensed establishment.
(2) The applicant for licensure of the
			 establishment shall be the owner, lessee, or legal possessor of the
			 establishment.
(3) In the event the
			 licensed establishment sold, subleased, or legal possession of the
			 establishment is changed, the new owner, lessee, or legal possessor of the
			 establishment shall be required to apply for and obtain a new license within
			 sixty (60) days of the change of ownership, lessee, or legal possess. The
			 establishment license is not assignable or transferable.
(4) The owner of an establishment may
			 petition the Board to waive a new establishment fee when they apply for a new
			 establishment license due to circumstances where a current licensed
			 establishment is changing locations and they do not intend to change the name
			 or ownership of the establishment. The Board will waive the new establishment
			 license fee when the establishment owner can show:
(a) The request is made prior to a change in
			 ownership of the current establishment's address;
(b) The establishment is changing addresses
			 for reasons that are out of their control;
(c) The request must be made at least twelve
			 (12) months before the establishment license expires;
(d) The person seeking the waiver must
			 provide documentation;
(e) The
			 person seeking the waiver must pay a fifty ($50) administrative fee.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-3 - LICENSURE PROCESS AND REQUIREMENTS › Section 532-X-3-.06 - Fee Schedule

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Fees for applications, licensure, and services by the Board shall be as stated
			 in Section
			 34-43-14,
Code of Ala.
			 1975
, as may be further amended by statute, and in addition
			 administrative fees may be charged as follows, effective January 1, 2023:
(a) Massage Therapist Initial License Fee
							 -
$100.00
(b) Massage Therapist License Renewal Fee
							 -
$100.00
(c) Massage Therapist Renewal Late Fee - (Less than
							 one year past expiration)
$ 25.00
(d) Massage Therapist Reinstate Fee - (More than one
							 year past expiration)
$ 75.00
(e) Establishment License Initial Fee
							 -
$100.00
(f) Establishment License Renewal Fee
							 -
$ 50.00
(g) Establishment Re-Inspection Fee -
$100.00
(h) Massage Therapy School Initial and
							 -Renewal
$150.00
(i) Massage Therapy Instructor Initial and -
							 Renewal
$100.00
(j) Duplicate License Fee -
$ 10.00
(k) License Roster Fee
$ 50.00
(l) Background Check Fee paid by
							 applicant/licensee
(2)
			 All fees are nonrefundable.
(3)
			 Fees must be received at the Office of the Alabama Board of Massage Therapy on
			 or before the proper due date, and in the proper form of payment for
			 applications or renewals to be considered timely filed.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-14.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-4 - EXAMINATION PROCESS › Section 532-X-4-.01 - Examinations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may
			 approve any national standardized examination.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-10.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-5 - COMPLIANCE AND DISCIPLINARY ACTION › Section 532-X-5-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may
			 file a written and signed complaint regarding an allegation of impropriety by a
			 licensee, establishment or person. Complaints should be referred to a standing
			 investigative committee consisting of a Board member, the Executive Director,
			 the Board attorney, and the Board investigator. After consideration by the
			 investigative committee, the Board may give notice of an administrative hearing
			 pursuant to the Alabama Administrative Hearing Act and to Sections
			 34-43-11 and
			 34-43-15 of the
Code of Ala. 1975
. If no probable cause is
			 found, the investigative committee may dismiss the charges and prepare a
			 statement, in writing, of the reasons for the decision. The statement shall be
			 mailed to the accused party and the complaining party by registered or
			 certified mail.
(2) For a minor
			 violation of this chapter, the licensee, establishment or person may be given
			 notice and an opportunity to cure the violation. The Board may enter into an
			 informal disposition of any case by an agreed settlement or consent
			 order.
(3) A licensee,
			 establishment or person may request an informal or formal hearing before the
			 Board, or may decline a hearing afforded to the licensee, establishment or
			 person. The right to decline a hearing afforded by the Board is a personal
			 right which is to be exercised by the licensee or person and not by his
			 attorney or other representative acting alone, and must be exercised in
			 writing. The party requesting a hearing is responsible for obtaining the
			 services of any payment of the cost of the court reporter's fee, of
			 any.
(4) The violations set forth
			 in Sections
			 34-43-1,
			 et seq. are examples of improprieties and delinquencies but not an exhaustive
			 list, for which the Board may suspend, fine, revoke or refuse to grant or renew
			 a license.
(5) The Board will
			 conduct disciplinary proceedings pursuant to the Alabama Administrative
			 Procedures Act.
(6) The Board may
			 institute a civil action for an injunction with penalties and costs against any
			 person alleged to be in violation of Sections 43-34-1, et seq. The Board may
			 present the misconduct to the local District Attorney for review and
			 appropriate action.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-43-7,
				  34-43-15,
				  34-43-17,
				  34-43-18.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-5 - COMPLIANCE AND DISCIPLINARY ACTION › Section 532-X-5-.02 - Advertising Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 written advertisement by a massage therapist or a massage therapy establishment
			 shall contain the license number of the massage therapist or
			 establishment.
(2) No person or
			 establishment without valid massage therapy licensure shall advertise as a
			 massage therapist or massage therapy establishment.
(3) An establishment whose primary function
			 is not massage therapy and for which establishment massage therapy is
			 incidental to the primary function, may apply to the Board for an exemption
			 from licensure as a massage therapy establishment pursuant to the procedure
			 state above.
(4) No sexually
			 oriented business may use the terms "massage therapy," or "bodywork" in any way
			 form of advertising.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-16.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-5 - COMPLIANCE AND DISCIPLINARY ACTION › Section 532-X-5-.03 - Prohibited Acts

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The following acts shall constitute misconduct in the practice of massage
			 therapy for which disciplinary penalties may be imposed after opportunity to be
			 heard pursuant to the procedure in the Alabama Administrative Procedures Act:
(a) conviction, adjudication, or a finding of
			 guilt in any jurisdiction of a crime, which directly relates to the practice of
			 massage therapy or to the ability to practice massage therapy. A plea of nolo
			 contendere may be taken into consideration by the Board.
(b) false, deceptive or misleading
			 advertising.
(c) aiding, assisting,
			 procuring, or advertising any unlicensed person to practice massage therapy
			 contrary to the rules and regulations of the Board or the Massage Therapy
			 statutes.
(d) engaging in or
			 attempting to or offering to engage a client in sexual activity, including but
			 not limited to genital contact, within a client-massage therapist
			 relationship.
(e) making deceptive,
			 untrue, or fraudulent representations in the practice of massage
			 therapy.
(f) practicing or offering
			 to practice beyond the scope permitted by law or accepting and performing
			 professional responsibilities which the licensee knows or has reason to know
			 that he or she is not competent to perform.
(g) delegating professional responsibilities
			 to a person when the licensee delegating the responsibility knows or has reason
			 to know that the person is not qualified by training, experience, or licensure
			 to perform those responsibilities. This shall not include acts of an enrolled
			 student being supervised by a licensed massage therapy instructor.
(h) acting, as a massage therapist or
			 operating a massage therapy establishment while unlicensed or with a revoked or
			 suspended license.
(i) teaching
			 massage therapy as a massage therapy instructor while unlicensed, unless
			 teaching continuing education as a visiting massage therapy instructor exempt
			 under the statutes.
(j) refusing to
			 allow the designated Board member(s) or investigator to inspect massage therapy
			 premises or establishment during regular business hours.
(k) practicing massage therapy at a site
			 which is not exempt or licensed as a massage therapy establishment, unless the
			 massage therapy is done on-site or out-call at a location under the control of
			 the client, or is done at an educational or trade site for demonstration
			 purposes.
(l) failing to maintain
			 professional and liability insurance in the practice of massage therapy, or
			 failing to maintain liability insurance in the operation of a massage therapy
			 establishment.
(m) failing to
			 attend and/or provide evidence of attendance at 16 hours of approved continuing
			 education course work in the twenty-four (24) months preceding the date renewal
			 of licensure is due.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-5 - COMPLIANCE AND DISCIPLINARY ACTION › Section 532-X-5-.04 - Discipline And Injunctions (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-15.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-6 - CONTINUING EDUCATION › Section 532-X-6-.02 - Provider Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
All continuing education providers must be approved by one of
				the following:
(1) The National
			 Certification Board for Therapeutic Massage & Bodywork (NCBTMB)
(2) American Massage Therapy Association
			 (AMTA)
(3) Associated Bodywork
			 & Massage Professionals (ABMP)
(4) Federation of State Massage Therapy
			 Boards (FSMTB)
(5) Any other state
			 national or international professional organization approved by the
			 board.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-21.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-7 - CODE OF ETHICS › Section 532-X-7-.01 - Code Of Ethics

Current through Register Vol. 42, No. 9, June 28, 2024
This Code of Ethics is a summarized statement of standards by
				which state licensed massage therapists agree to conduct their practices and an
				acknowledgement of the principles of acceptable, ethical and professional
				behavior.
(1) Massage therapists
			 shall:
(a) Be committed to providing the
			 highest quality of care to those who seek their professional service.
(b) Perform only those services for which
			 they are qualified through their education, certifications, and professional
			 affiliations.
(c) Accurately inform
			 clients, the public, and other health care providers of the scope and
			 limitations of their discipline.
(d) Acknowledge the limitations and
			 contraindications of massage therapy, referring to other state licensed health
			 care providers when deemed appropriate.
(e) Respect State licensed health care
			 providers whose intent is to promote the health and healing of their
			 clients.
(f) Conduct their business
			 and professional activities with integrity.
(g) Refuse to unjustly discriminate against
			 clients or other state licensed health care professionals, respecting the
			 inherent worth of all persons.
(h)
			 Acknowledge the confidentiality of all client information, respecting each
			 client's right to privacy, unless disclosure is required by law, court order,
			 written release to third parties by the client, or in the event it is
			 objectively absolutely necessary to protect the public.
(i) Refrain from engaging in any sexual
			 conduct, behavior, or activities involving a client, even if the client
			 attempts to sexualize the relationship.
(j) Respect the client's right to refuse,
			 modify, or terminate treatment.
(k)
			 Have the right to refuse treatment to any person for reasonable and just
			 cause.
(l) Provide treatment in an
			 environment that ensures the comfort and privacy of the client.
(m) Respect the client's autonomy with regard
			 to privacy, disclosure, beliefs, and emotional expression.
(n) Through continued education, maintain and
			 improve professional knowledge and competency.
(o) Adhere to and follow all policies,
			 procedures, rules, regulations, codes, and requirements promulgated by Alabama
			 laws regarding the practice of massage therapy, Act No. 96-661, and amendments
			 thereto.
Author:
Keith E. Warren
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-8 - SEVERABILITY AND COMPLIANCE › Section 532-X-8-.01 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any of the Rules and Regulations of the Board or any part
				thereof, of any sentence, paragraph, clause, phrase, or word thereof is
				construed by the courts to be invalid for any reason, it is the intention of
				the Board that the remainder shall continue in full force and effect; that is,
				it is the intention of the Board that each Rule and/or portions thereof, are
				severable.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-7.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › Chapter 532-X-8 - SEVERABILITY AND COMPLIANCE › Section 532-X-8-.02 - Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
All rules adopted by the Board are intended, and shall be
				construed, to be substantively and procedurally in compliance with the
				provisions of the Alabama Administrative Procedures Act.
Author:
Keith E. Warren
Statutory Authority:
Code of Ala.
				  1975
, §
										34-43-7.
Alabama Administrative Code › Title 532 - ALABAMA BOARD OF MASSAGE THERAPY › APPENDICES › Appendix 1 - FORMS ASSOCIATED WITH THESE RULES AND REGULATIONS

Current through Register Vol. 42, No. 9, June 28, 2024
Application Request Form
Massage Therapist Application
Massage Therapist Renewal Application
Massage Therapy Establishment Application
Massage Therapy Establishment Renewal Application
Massage Therapy School Application
Massage Therapy School Renewal Application
Massage Therapy Instructor Application
Change of Address Form
Consumer Complaint Form
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this rule is to ensure that manufactured homes
						resold by certain persons continue to meet Commission standards for the
						protection of the consumer.
Author:
Harold A Hendrix
Statutory Authority:
Code of Ala.
							1975
, §§
										24-5-1 -
							24-5-14;
							24-5-30 -
							24-5-34;
							24-6-1 -
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For purposes of this chapter, unless the context otherwise
						requires:
(a) The definitions of terms
					contained in
Code of Ala. 1975
, §§
								24-5-1 -
					24-5-14;
					24-5-30 -
					24-5-34;
					24-6-1 -
					24-6-4,
					and Commission rules and regulations are applicable.
(b) Used Manufactured Homes means any
					manufactured home which has been previously owned or occupied by a
					consumer.
(c) Dealer - Dealer means
					any person engaged in the business of buying and thereafter selling,
					displaying, or offering for sale manufactured houses.
(d) Assignee - Assignee means any bank,
					financing institution, or any person purchasing a retail installment contract,
					which has as security a manufactured home.
(e) Consumer - Any person or firm who has
					purchased or is purchasing a manufactured home in good faith for purposes other
					than resale.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-5-1 -
							24-5-14;
							24-5-30 -
							24-5-34;
							24-6-1 -
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.03 - Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Smoke
					Detectors.
(a) General. At least one smoke
					detector shall be installed to protect each separate bedroom area.
(b) Location. A smoke detector shall be
					installed in the hallway or space communicating with each bedroom area between
					the living area and the first bedroom area. When located in a hallway, the
					detector shall be between the return air intake and the living area. Used
					manufactured homes having bedroom areas separated by common-use areas, such as
					kitchen, dining room, living room, or family room (but not a bathroom or
					utility room), shall have at least one detector protecting each bedroom
					area.
(c) Installation. Each smoke
					detector shall be installed in accordance with its listing.
(d) Testing. The smoke detector shall be
					tested for operation at the time of sale or set up. The dealer shall provide
					testing and maintenance instructions for the user, unless the smoke detector
					was installed before the dealer obtained the used manufactured home.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.04 - Dealer Responsibilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					Before offering for sale, selling, leasing, or leasing to purchase a used
					manufactured home to a consumer the dealer shall complete a Used Manufactured
					Home Buyer's Guide (Appendix A) obtained from the Commission and shall fasten
					such statement with tape or adhesive to the door of the refrigerator or the
					face of the overhead cabinet door closest to the kitchen sink.
(2) A seal (Resale Decal) of the Alabama
					Manufactured Housing Commission shall be purchased from the Commission and
					permanently placed on the inside door of the electric panel before offering for
					sale, selling, leasing, or leasing to purchase a used manufactured home.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-5-1 -
							24-5-14;
							24-5-30 -
							24-5-34;
							24-6-1 -
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.05 - Record Of Mobile Home Buyer's Guide

Current through Register Vol. 42, No. 9, June 28, 2024
Upon selling a used manufactured home to a consumer the dealer
						shall retain in its customer files a copy of the Mobile Home Buyer's Guide as
						disclosed to and signed by the customer pursuant to Rule
						535-X-10-.04 and a copy given to the customer.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-5-1 -
							24-5-14;
							24-5-30 -
							24-5-34;
							24-6-1 -
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.06 - Inspection Of Units And Dealer Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each dealer shall, upon request of a
					person duly designated by the Commission, permit such person to inspect
					appropriate books, papers, records, documents, and units of housing relevant to
					determining whether such dealer has acted or is acting in accordance with this
					chapter.
(2) A state manufactured
					home inspector will place a "red tag" form approved by the Commission on any
					designated used manufactured home which is found by the inspector not to be in
					compliance with the safety standards prescribed in this chapter. No dealer
					shall deliver a unit bearing a red tag to a consumer until the violation(s) is
					corrected and the red tag is removed by the inspector.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-5-1 -
							24-5-14;
							24-5-30 -
							24-5-34;
							24-6-1 -
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.07 - Effect

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The provisions
					of this chapter shall not be construed to apply to
(a) the sale, transfer, or consignment of a
					used manufactured home to a dealer.
(b) transfers and assumptions.