The board may seek an injunction against any individual or establishment in violation of this chapter.In an action for an injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court costs.The executive director may issue an emergency order suspending the operation of a massage therapy establishment without a prior hearing when public safety is at immediate risk. Public safety shall be considered at immediate risk in any of the following circumstances:- a. A law enforcement agency notifies the board that the law enforcement agency is investigating a massage therapy establishment for an offense under the Code of Alabama 1975 §§13A-6-152, 34-43A-1 et seq., or Alabama Administrative Code Chapter 532-X-1 et seq.
- b. The massage therapy establishment is operating without a valid license issued by the board.
- c. The board has reasonable cause to believe that a massage therapy establishment is violating Alabama Massage Therapy Licensing Board laws or rules and, upon physical inspection by the board, one or more violations are confirmed.
- d. Upon physical inspection of a massage therapy establishment by the board, one or more violations of Alabama Massage Therapy Licensing Board laws or rules are confirmed.
e. Other circumstances as determined by the board including but are not limited to the following:
- 1. Refusal to complete criminal background check.
- 2. The license was obtained by means of fraud, misrepresentation, fraudulent transcripts, invalidated exam scores, or concealment of material facts, including making a false statement on an application or any other document required by the board for licensing.
- 3. Refusing to allow the board to inspect a massage therapy establishment or premises of a licensee during normal business hours.
- 4. Endangering or likely to endanger the health, safety, and welfare of the public as defined by the rules.
- 5. The massage therapy establishment is being used as overnight sleeping accommodations.
- 6. If an establishment is offering massage therapy or body work in their advertisement and it is confirmed by board staff that the establishment is in fact operating without a license.
- 7. Licensee has knowingly allowed the massage therapy establishment to be used as an overnight sleeping accommodation.
- f. An individual or entity governed by this chapter has performed massage therapy or operated a massage therapy establishment without a valid license.
- 4. If the executive director believes a massage therapy establishment is in violation of a local, municipal, or other applicable law, the executive director shall notify local law enforcement of the possible violations.
- 5. An emergency order shall identify the massage therapy establishment by its business name and state that the massage therapy establishment is closed by order of the board pursuant to this chapter and rules adopted by the board pursuant to this chapter.
- 6. A massage therapy establishment shall remain closed to the public until it is in compliance with this chapter and rules adopted by the board pursuant to this chapter. The board shall provide the massage therapy establishment with a written summary of the findings of any inspection resulting in the emergency order and shall describe the compliance measures necessary to remedy those findings. Within three business days after receipt of the findings by the massage therapy establishment, the board shall issue to the massage therapy establishment, in writing, a complaint resulting in the emergency order suspending the operation of the massage therapy establishment, which describes the compliance measures which must be taken for the emergency order to be rescinded.
- 7. An emergency order suspending the operations of a massage therapy establishment shall be printed on 8 ½" x 11" paper and conspicuously taped to the front door of the massage therapy establishment.
- 8. A massage therapy establishment may not remove the posted emergency order or reopen for business until the board determines, after a physical inspection, that the massage therapy establishment is in compliance with this chapter and rules adopted by the board pursuant to this chapter.
- 9. A massage therapy establishment that reopens to the public while operations are suspended shall be fined one thousand dollars ($1,000) per day for each day in violation.
- 10. If the board is required to enforce the emergency order in circuit court for continued violations of this chapter or rules adopted by the board pursuant to this chapter, the court may triple any applicable fines and order the massage therapy establishment to reimburse the board for all legal fees and administrative costs incurred by the board in enforcing the violation.
- 11. Within 30 days after the issuance of an emergency order suspending operations of a massage therapy establishment, the massage therapy establishment may request, in writing, a formal hearing before the board.
Author: Alabama Massage Therapy Licensing Board
Statutory Authority: Code of Ala. 1975, §34-43A-6.
History: New Rule: Published September 30, 2024; effective November 14, 2024. Amended: Published September 30, 2025; effective November 14, 2025.