1. (a)

   1. (1) There is created the Alabama Massage Therapy Licensing Board. Commencing on October 1, 2026, the board is renamed the Alabama Massage Therapy Advisory Council. The purpose of the advisory council is to advise the department on all matters pertaining to the protection of the health, safety, and welfare of the public relating to massage therapists, massage therapy schools, massage therapy establishments, and massage therapy instructors. All members serving on the Alabama Massage Therapy Licensing Board on October 1, 2026, shall continue to serve as members of the Alabama Massage Therapy Advisory Council until the expiration of their terms.
   2. (2) On October 1, 2026, all rights, duties, records, property, real or personal, and all other effects existing in the name of the Alabama Board of Massage Therapy, formerly created and functioning pursuant to Chapter 43, or in any other name by which that board has been known, shall transfer to the department. Any reference to the former Alabama Board of Massage Therapy, or any other name by which that board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Massage Therapy Advisory Council as created in this chapter. All actions of the former Alabama Board of Massage Therapy or the executive director of the former board taken prior to October 1, 2026, are approved, ratified, and confirmed.
   3. (3) The status of any individual or entity properly licensed, accredited, or registered by the former Alabama Board of Massage Therapy on October 1, 2026, shall continue under the jurisdiction of the department.

2. (b)

   1. (1) The advisory council shall consist of the following nine members:

      1. a. Three active licensees appointed by the Governor.
      2. b. Two active licensees appointed by the Lieutenant Governor and one at-large member appointed by the Lieutenant Governor.
      3. c. Two active licensees appointed by the Speaker of the House of Representatives and one at-large member appointed by the Speaker of the House of Representatives.
   2. (2) The seven active massage therapist licensee members of the advisory council shall be appointed so that not more than one active licensee member from each United States Congressional District in the state is appointed to serve at the same time. The two members appointed from the state at large shall have never been licensed as massage therapists nor have had any direct financial interest in the massage therapy profession. One of the at-large members shall have extensive knowledge of sex trafficking and related law enforcement efforts to defeat sex trafficking. The at-large member appointed by the Lieutenant Governor and the at-large member appointed by the Speaker of the House of Representatives shall be appointed from a list of three names each provided by the Minority Leader of the Senate and the Minority Leader of the House of Representatives, respectively. The appointing authorities shall coordinate their appointments to assure the advisory council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
   3. (3) Each advisory council member shall be selected upon personal merit and qualifications, not per membership or affiliation with an association. Each advisory council member shall be a citizen of the United States and a resident of this state for two years immediately preceding appointment. No member of the advisory council shall serve more than two full consecutive terms.
3. (c) Of the initial nine appointees to the advisory council, three members shall be appointed for terms of two years, three members shall be appointed for terms of three years, and three members shall be appointed for terms of four years as determined by lot. Thereafter, successors shall be appointed for terms of four years, each term expiring on June 30.
4. (d) Vacancies on the advisory council occurring prior to the expiration of a term shall be filled by the original appointing authority within 30 days after the vacancy to serve for the remainder of the unexpired term. Each member of the advisory council shall serve until his or her successor has been duly appointed and qualified.
5. (e) Annually, in the month of November, the advisory council shall elect a chair and a vice chair from its membership. The advisory council shall hold no less than two meetings per year. The advisory council may hold additional meetings at the discretion of the chair and four members of the advisory council, or at the discretion of the department. A quorum of the advisory council shall be a majority of the current appointed advisory council members. Upon the written request of any individual, submitted to the advisory council at least 24 hours in advance of a scheduled meeting, the meeting shall be recorded electronically, and a copy of the recording shall be made available, upon request, for 30 calendar days following the date of the recording.
6. (f) Advisory council members shall not receive compensation for their services, but shall receive the same per diem and allowance as provided to state employees for each day the advisory council meets and conducts business.
7. (g) An advisory council member may be removed at the request of the department for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, or permanent inability to perform official duties.
8. (h) The members, officers, executive director, employees, and representatives of the advisory council shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred, within the scope of advisory council employment, duties, or responsibilities. Nothing in this subsection shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that individual. The procurement of insurance of any type by the advisory council does not in any way compromise or limit the immunity granted by this subsection.

(Act 2024-361, §5; Act 2025-395, §2; Act 2026-162, §3.)