(a) Terms found in Arkansas Code § 17-86-102 are descriptive rather than limiting, and massage therapy includes those techniques that are utilized in all phases of massage and bodywork for the purposes of:

1. (1) Relaxation;
2. (2) Stress reduction;
3. (3) Pain relief;
4. (4) Injury prevention;
5. (5) Injury repair;
6. (6) Postural improvement; and/or
7. (7) Health enhancement.

(b) As used in this part:

1. (1) “Apprenticeship” means a program that meets the federal guidelines set out in 29 C.F.R. pt. 29 as existing on March 1, 2021, and approved by the Office of Apprenticeship as meeting the requirements of an apprenticeship;

2. (2) “Assist” means acting as an aide to a:

   1. (A) Master massage therapist; or
   2. (B) Massage therapy instructor;

3. (3) “Automatic licensure” means granting the occupational licensure without an individual having met occupational licensure requirements provided:

   1. (A) Under Arkansas Code; or
   2. (B) By other provisions in this part;
4. (4) “Board” means the State Board of Health;

5. (5) “Continuing education” means education that is acquired after an individual has:

   1. (A) Graduated; and
   2. (B) Become licensed as a massage therapist;
6. (6) “Cupping therapy for massage” means a modality used to release rigid soft tissues through the application of a nonheated device that creates suction to lift the tissue away from the body;
7. (7) “Department” means the Department of Health;

8. (8) “Direct supervision” means being in the physical presence of a licensed:

   1. (A) Master massage therapist; or
   2. (B) Massage therapy instructor;
9. (9) “Guest instructor” means a qualified speaker or presenter;

10. (10) “Licensee” means an individual licensed under:

    1. (A) The Massage Therapy Act, Arkansas Code § 17-86-101 et seq.; and
    2. (B) This part;

11. (11)

    1. (A) “Massage therapist” means a person who has:

(i) Earned a diploma from a State Board of Health-accepted school of massage therapy;

1. (ii) Passed an examination required or accepted by the State Board of Health; and

   1. (iii) Become licensed and registered to practice massage therapy.
   2. (B) “Massage therapist” includes a person who has previously obtained the massage therapist license under prior state law.

   3. (C) A massage therapist may:

      1. (i) Instruct continuing education programs approved by the Department of Health; and
      2. (ii) Assist in the instruction of the procedures listed in the definition of massage therapy under the direct supervision of a:

(b) (b) Master massage therapist;

1. (12)

   1. (A) “Massage therapy” means the treatment of soft tissues that may include skin, fascia, and muscles and their dysfunctions for therapeutic purposes of establishing and maintaining:

      1. (i) Good physical condition;
      2. (ii) Comfort; and
      3. (iii) Relief of pain.

   2. (B) “Massage therapy” is a healthcare service that includes:

      1. (i) Gliding;
      2. (ii) Kneading;
      3. (iii) Percussion;
      4. (iv) Compression;
      5. (v) Vibration;
      6. (vi) Friction;
      7. (vii) Nerve strokes; and
      8. (viii) Stretching the tissue.

   3. (C) “Massage therapy” also means to engage in the practice of any of the following procedures:

      1. (i) Massage therapy techniques and procedures either:

(b) (b) With mechanical devices;

1. (ii) Therapeutic application and use of:

(b) (b) Herbal or chemical preparations;

1. (c) (c) Lubricants;

   1. (d) (d) Nonprescription creams, lotions, scrubs, and powders; and

(e) (e) Other spa services;

1. (iii) Therapeutic application of hot or cold packs;

   1. (iv) Hydrotherapy techniques, which:

(b) (b) Includes methods of:

1. (1) (1) Full and partial immersion baths;
2. (2) (2) Whirlpools;
3. (3) (3) Sponging;
4. (4) (4) Sprays;
5. (5) (5) Body shampoos;
6. (6) (6) Body scrubs;
7. (7) (7) Body wraps;
8. (8) (8) Fomentations;
9. (9) (9) Compresses;
10. (10) (10) Poultices;
11. (11) (11) Packs;
12. (12) (12) Masks;
13. (13) (13) Steam treatments; and

14. (14) (14) Sauna treatments;

    1. (v) Heliotherapy that may:

(b) (b) Consist of the use of infrared radiation lamps and devices and the various uses of other light that might be approved by the Department of Health;

1. (vi) Electrotherapy:

(b) (b) May consist of the use of:

1. (1) (1) Mechanical vibrators;
2. (2) (2) Electric stimulation;
3. (3) (3) Direct and alternating currents;
4. (4) (4) Interferential currents;
5. (5) (5) Microcurrents; and

6. (6) (6) Russian stimulation; and

   1. (vii) Any hands-on bodywork techniques and procedures:

(b) (b) Not covered under specific licensing laws of other boards.

1. (D) The following are not included in the scope of massage therapy practice:

   1. (i) Colonic irrigation and other methods of internal hydrotherapy;

      1. (ii) Depilation, waxing, extractions, and electrolysis;
      2. (iii) Practices involving the use of ultrasound unless:

(b) (b) A licensed physician prescribes the treatment; or

1. (iv) Piercing, lancing, or penetrating the skin;
2. (13) “Massage Therapy Act” means the Massage Therapy Act, Arkansas Code § 17-86-101 et seq.;
3. (14) “Massage therapy apprentice” means a person who is enrolled in a massage therapy apprenticeship program;

4. (15) “Massage therapy apprenticeship program” means a program that:

   1. (A) Meets federal guidelines set out in 29 C.F.R. pt. 29, as existing on March 1, 2021; and
   2. (B) Is approved by the Office of Apprenticeship;
5. (16) “Massage therapy clinic” means a clinic, place, premises, building, or part of a building in which a branch or any combination of branches of massage therapy or the occupation of a massage therapist is practiced;

6. (17)

   1. (A) “Massage therapy instructor” means a person who:

      1. (i) Before July 1, 2010, has completed no fewer than two hundred fifty (250) hours of:

(a) (a) Practical experience as a master massage therapist that may be gained in part or in whole as:

1. (1) (1) An assistant to an instructor in a massage school; or
2. (2) (2) A directed instructor in a massage school; and

(b) (b) Continuing education as approved by the Department of Health;

1. (ii) On or after July 1, 2010, has been an active and practicing licensee and registered as a master massage therapist for a period of not fewer than three (3) years preceding the application for an upgrade to massage therapy instructor;

   1. (iii) On or after July 1, 2010, in addition to the experience under subdivision (b)(17)(A)(i) of this section has completed no fewer than two hundred fifty (250) continuing education hours as approved by the Department of Health as a licensed master massage therapist; and

      1. (iv) Is determined by the Department of Health to be qualified to be licensed and registered to practice massage therapy.
   2. (B) “Massage therapy instructor” includes a person who has previously obtained the massage therapy instructor license under prior state law.

   3. (C) Massage therapy instructors may instruct:

      1. (i) Continuing education programs approved by the Department of Health;
      2. (ii) Any of the procedures in subdivision (b)(12) of this section; and
      3. (iii) Basic curricula in a massage therapy school registered by the Department of Health as required by Arkansas Code § 17-86-306(e);

2. (18) “Massage therapy learning permit” means a permit issued by the Department of Health before enrollment in a massage therapy apprenticeship program or in a massage therapy school that is valid for no longer than six (6) months after:

   1. (A) Completion of the apprenticeship; or
   2. (B) Graduation from the massage therapy school;
3. (19) “Massage therapy student” means a person who is enrolled in a licensed massage therapy school or postsecondary massage therapy school;

4. (20) “Massage therapy school” means a registered and licensed facility that meets and follows:

   1. (A) The required educational standards as established by Arkansas Code § 17-86-306; and
   2. (B) All pertinent rules established by the State Board of Health;
5. (21) “Massage therapy spa” means a site or premises or portion of a site or premises in which a massage therapist practices massage;

6. (22)

   1. (A) “Master massage therapist” means a person who:

      1. (i) Before July 1, 2010, is a licensed and registered massage therapist who has completed no fewer than:

(b) (b) One hundred twenty-five (125) continuing education hours as approved by the Department of Health;

1. (ii) Either:

(a) (a) On or after July 1, 2010, has:

1. (1) (1) Been an active and practicing licensee and registered as a massage therapist for a period of not fewer than two (2) years preceding the application for an upgrade to master massage therapist; and
2. (2) (2) Completed no fewer than one hundred twenty-five (125) continuing education hours as approved by the Department of Health; or

(b) (b) On or after July 1, 2023, has:

1. (1) (1) Been an active practicing licensee and registered as a massage therapist for the period of not fewer than twelve (12) months preceding the application for an upgrade to master massage therapist; and

2. (2) (2) Completed not fewer than three hundred (300) hours of advanced coursework in massage therapy as part of an Associate of Applied Science degree of massage therapy from an accredited college or university; and

   1. (iii) Is determined by the Department of Health to be qualified to be licensed and registered to practice massage therapy.
   2. (B) “Master massage therapist” includes a person who has previously obtained the master massage therapist license under a prior state law.

   3. (C) Master massage therapists may instruct:

      1. (i) Continuing education programs approved by the Department of Health;
      2. (ii) Any of the procedures listed in the definition of massage therapy in this section; and
      3. (iii) As directed by a massage therapy instructor, basic curricula in a massage therapy school registered by the Department of Health as required by Arkansas Code § 17-86-306(e);
3. (23) “NCBTMB” means National Certification Board of Therapeutic Massage and Bodywork;

4. (24) “Owner” means an individual who is a sole proprietor, member, shareholder, or holder of an ownership interest, directly or indirectly, in a partnership, association, joint venture, corporation, limited liability company, or trust that owns or controls a:

   1. (A) Massage therapy school; or
   2. (B) Postsecondary massage therapy school;
5. (25) “Passing grade” means a score of seventy percent (70%) or better;

6. (26) “Postsecondary massage therapy school” means a massage therapy school that:

   1. (A) Offers a postsecondary curriculum approved by the State Board of Health; and

   2. (B) Has an enrollment in which no more than fifty percent (50%) of its students do not have:

      1. (i) A diploma; or
      2. (ii) The recognized equivalent of a high school diploma;

7. (27) “Sexual misconduct” includes:

   1. (A) A range of behavior used to obtain sexual gratification against another's will, at the expense of another, without the client's knowledge, engaging in sexual activity for profit, or a combination of any of these activities;

   2. (B) Massage of:

      1. (i) The genitalia;
      2. (ii) The anus; and
      3. (iii) Except under specific circumstances, the breast; and

   3. (C) Sexual activity:

      1. (i) With consent of a client; or
      2. (ii) At the request of a client;

8. (28) “Uniformed service member" means an active or reserve component member of the:

   1. (A) United States Air Force;
   2. (B) United States Army;
   3. (C) United States Coast Guard;
   4. (D) United States Marine Corps;
   5. (E) United States Navy;
   6. (F) United States Space Force;
   7. (G) National Guard;
   8. (H) National Oceanic and Atmospheric Administration Commissioned Officer Corps; or
   9. (I) United States Commissioned Corps of the Public Health Service; and
9. (29) “Uniformed service veteran" means a former member of the United States uniformed services discharged under conditions other than dishonorable.