1. (a) General requirements. “School” as used throughout this section includes unless otherwise indicated both:

   1. (1) Massage therapy schools; and
   2. (2) Postsecondary massage therapy schools.

2. (b) Application for massage therapy school.

   1. (1) Any person, firm, or corporation seeking to open a school of massage therapy shall:

      1. (A) Submit an application with required forms to the Department of Health’s Massage Therapy Section; and
      2. (B) Receive preapproval from the Department of Health.

   2. (2) The application shall include:

      1. (A) Completed application:

3. (i) Provided by the department; and

   1. (ii) Available on the department’s website at http://www.healthyarkansas.com;

      1. (B) A description of the location of your school, type of structure, and a detailed floor plan in compliance with subsection (e) of this section;
      2. (C) List of proposed equipment used for instructional purposes in compliance with subsection (e) of this section;

      3. (D) Proposed curriculum including:

         1. (i) Name and edition of textbooks; and
         2. (ii) Any other material that will be used for instructional purposes;
      4. (E) List of instructors and their qualifications;
      5. (F) Samples of all forms to be used in the school, such as contract, sign-in sheets, attendance records, transcripts, guest instructor log, etc.;

      6. (G)

         1. (i) A copy of your school’s handbook, including refund policy.
         2. (ii) Postsecondary schools must also include a disciplinary policy;
      7. (H) Valid background checks for each owner; and
      8. (I) The required nonrefundable registration fee (eight hundred fifty dollars ($850)).
   2. (3) A person shall not establish, operate, or maintain a massage therapy school without first having obtained a certificate of massage therapy school licensure issued by the department.

   3. (4)

      1. (A) Any massage therapy school wishing to teach both secondary and postsecondary students shall obtain both a license for a:

         1. (i) Massage therapy school; and
         2. (ii) Postsecondary massage therapy school.

      2. (B) The school shall also provide a procedure by which it will ensure that only students with a high school diploma or the equivalent:

         1. (i) Are enrolled in the postsecondary school; and
         2. (ii) Receive Title IV funds.

   4. (5)

      1. (A) After satisfactory completion of initial requirements, schools are required to undergo department inspection before they can be licensed.
      2. (B) A department staff member will perform an inspection of the school premises with required forms completed and the results of such inspection will be returned to the department for approval and/or adjustment recommendations.
      3. (C) Facilities that do not pass the first inspection will be reinspected within thirty (30) days of notification of corrections.

   5. (6) Postsecondary massage therapy schools must show proof that the school adopts and discloses to the students a complaint process substantially similar to the one outlined in 17 CAR § 52-110.

      1. (c) Purchase of an existing massage therapy school.

   6. (1)

      1. (A) Any person, firm, or corporation seeking to purchase an existing massage therapy school or postsecondary massage therapy school shall submit an application with required documents to the Department of Health’s Massage Therapy Section at least thirty (30) days prior to purchase for preapproval from the department.

      2. (B) Each application shall include:

         1. (i) An application to reflect the change of ownership;
         2. (ii) Valid background checks for each new owner;
         3. (iii) A copy of the legal change of ownership document;
         4. (iv) A copy of each new owner’s government-issued photo identification;
         5. (v) A signed and notarized statement from each owner selling their interest in the massage therapy school or postsecondary massage therapy school transferring the massage therapy school or postsecondary massage therapy school license to the new owner or owners;
         6. (vi) A statement by the new owner or owners reflecting any changes that will be made in any of the following:
4. (a) (a) The location of the massage therapy school or postsecondary massage therapy school, type of structure, or the detailed floor plan in compliance with subsection (e) of this section;

5. (b) (b) List of proposed equipment used for instructional purposes in compliance with subsection (e) of this section;

   1. (c) (c) Curriculum, including:
   2. (1) (1) Name and edition of textbooks; and

   3. (2) (2) Any other material that will be used for instructional purposes;

      1. (d) (d) List of instructors and their qualifications;
6. (e) (e) Any forms to be used in the massage therapy school or postsecondary massage therapy school such as contract, sign-in sheets, attendance records, transcripts, guest instructor log, etc.; and

7. (f)

   1. (1) (f)(1) The massage therapy school or postsecondary massage therapy school’s handbook including refund policy.

   2. (2) (2) Postsecondary massage therapy schools must also include a disciplinary policy; and

      1. (vii) The required nonrefundable registration fee (one hundred dollars ($100)).

   3. (2)

      1. (A) After satisfactory completion of requirements for transfer, the massage therapy school or postsecondary massage therapy school shall be subject to department inspection before the transfer of ownership can be approved.
      2. (B) A department staff member will perform an inspection of the massage therapy school or postsecondary massage therapy school premises with required forms completed and the results of such inspection will be returned to the department for approval and/or adjustment recommendations.

      3. (C) Facilities that do not pass the first inspection will be reinspected within thirty (30) days of notification of corrections.

         1. (d) Relocation of a massage therapy school or postsecondary massage therapy school.

   4. (1) Any person, firm, or corporation seeking to relocate a massage therapy school or postsecondary massage therapy school shall:

      1. (A) Submit an application with required forms to the massage therapy section; and
      2. (B) Receive preapproval from the department.

   5. (2) The application shall include:

      1. (A) Completed application:

         1. (i) Provided by the department; and
         2. (ii) Available on the department’s website at www.healthyarkansas.com;
      2. (B) A description of the location of your school, type of structure, and a detailed floor plan in compliance with subsection (e) of this section;
      3. (C) List of proposed equipment used for instructional purposes in compliance with subsection (e) of this section;
      4. (D) List of instructors and their qualifications;
      5. (E) Samples of all forms to be used in the school such as contract, sign-in sheets, attendance records, transcripts, guest instructor log, etc.;

      6. (F)

         1. (i) A copy of your school’s handbook including refund policy.
         2. (ii) Postsecondary schools must also include a disciplinary policy;
      7. (G) Valid background checks for each owner; and
      8. (H) The required nonrefundable registration fee (four hundred twenty-five dollars ($425)).
   6. (3) A person shall not relocate a massage therapy school without first having obtained a certificate of massage therapy school licensure issued by the department.

   7. (4)

      1. (A) Any massage therapy school wishing to teach both secondary and postsecondary students shall obtain both a license for a:

         1. (i) Massage therapy school; and
         2. (ii) Postsecondary massage therapy school.

      2. (B) The school shall also provide a procedure by which it will ensure that only students with a high school diploma or the equivalent:

         1. (i) Are enrolled in the postsecondary school; and
         2. (ii) Receive Title IV funds.

   8. (5)

      1. (A) After satisfactory completion of initial requirements, schools are required to undergo department inspection before they can be licensed.
      2. (B) A department staff member will perform an inspection of the school premises with required forms completed and the results of such inspection will be returned to the department for approval and/or adjustment recommendations.
      3. (C) Facilities that do not pass the first inspection will be reinspected within thirty (30) days of notification of corrections.
   9. (6) Postsecondary massage therapy schools must show proof that the school adopts and discloses to the students a complaint process substantially similar to the one outlined in 17 CAR § 52-110.

8. (e) Facility and sanitary requirements.

   1. (1)

      1. (A) School facilities must:

         1. (i) Be kept clean, sanitary, and in good repair at all times;
         2. (ii)

9. (a) (a) Clean equipment and tools thoroughly on a routine basis and sanitize them with a disinfecting solution that is:

   1. (1) (1) Bactericidal — capable of destroying bacteria;
   2. (2) (2) Virucidal — capable of destroying viruses; and
   3. (3) (3) Fungicidal — capable of destroying fungi.

10. (b) (b) Disinfectants must be used according to manufacturer labels to be safe and effective.

    1. (c) (c) Contact time listed on the manufacturer’s label must be adhered to at all times to effectively destroy pathogens;

       1. (iii) Have clinical workspace allowing for unrestricted movement around massage tables;

          1. (iv) Have adequately ventilated workspace to keep them free of excessive:
11. (a) (a) Vapors;

12. (b) (b) Odors; and

    1. (c) (c) Fumes;

       1. (v) Be heated and air-conditioned with adjustable temperature control;

          1. (vi) Have adequate space to accommodate all students during the theory and clinical instructional hours for which they are enrolled;
          2. (vii) Have an instructional classroom that is:
13. (a) (a) Clean;

14. (b) (b) In good repair; and

    1. (c) (c) Well-ventilated;

       1. (viii) Have a minimum of one (1) massage table for every three (3) students in class;

          1. (ix)

15. (a) (a) Have an accessible handwashing sink supplied with:

    1. (1) (1) Hot and cold running water;
    2. (2) (2) A soap dispenser; and
    3. (3) (3) A sanitary hand-drying method.

16. (b) (b) Common towels are not allowed;

    1. (x)
17. (a) (a) Have accessible restrooms that are clean and sanitary and in working order at all times.

18. (b) (b) Restrooms shall not be used for storage of products used for servicing clients;

    1. (xi)

19. (a) (a) Have trash containers that:

    1. (1) (1) Are durable and easily cleanable; and
    2. (2) (2) Do not leak.

20. (b) (b) Trash containers must be emptied daily to prevent:

    1. (1) (1) An accumulation of garbage; and

    2. (2) (2) The development of odors;

       1. (xii) Dispose of all one-time-use towels, sheets, and protective coverings that cannot be disinfected immediately after use;

          1. (xiii)

21. (a) (a) Have furniture, equipment, and other fixtures that are:

    1. (1) (1) Made of washable material; and
    2. (2) (2) Kept clean and in good repair.

22. (b) (b) Electrical equipment shall be kept clean and in good repair at all times;

    1. (xiv) Launder sheets and towels to disinfect after each use on client;

       1. (xv) Have a separate receptacle for soiled linens;

          1. (xvi) Keep clean linens:
23. (a) (a) Separate from public; and/or

24. (b) (b) Covered in public use areas; and

    1. (xvii) Keep oils, lotions, or any products that are used on the public in containers that are labeled and sanitary.

       1. (B)

          1. (i) Anyone who has an infectious, contagious, or communicable disease that may be spread by airborne, droplet, contact, or indirect methods and who is in contact with the public must not practice until all risk of disease transmission is cleared.
          2. (ii) Any employee or student with such a disease must be immediately relieved from duty until all risk of disease transmission is cleared.
    2. (2) Schools shall have an identifiable massage therapy instructor who provides oversight and supervision under which other master massage therapists or massage therapy instructors can teach.

    3. (3) Schools must:

       1. (A) Adhere to all state and local ordinances; and
       2. (B) Provide a copy of the fire inspection, occupancy license, and/or business permits where required by law and furnish copies to the department upon request.

    4. (4) Schools must:

       1. (A) Inform students regarding emergency evacuation procedures; and
       2. (B) Clearly mark or post all routes and exits.

25. (f) Curriculum.

    1. (1)

       1. (A) Schools have the discretion to grant CLEP credit for any previously obtained, successfully passed, and officially documented classroom education relevant to massage therapy.
       2. (B) Such credit may be granted at the rate of three (3) college credits to equal no more than forty (40) clock hours.
       3. (C) Schools will maintain a file copy of all such examinations for department inspection.

    2. (2)

       1. (A) Schools must follow the curriculum outlined in Arkansas Code § 17-86-306(e).

       2. (B) The curriculum:

          1. (i) Must be presented to and approved by the department; and
          2. (ii) Will make further applications to the department for any substantial modifications in the subjects, contents, or instructional methods offered to the students.
    3. (3) Schools must provide no fewer 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).
    4. (4) Schools that teach massage with students wearing swimsuits or underwear must instruct students at some time during their schooling on how to work on unclothed clients, with a minimum of twenty (20) hours of classroom or student clinic massages on unclothed clients unless there is a documented religious or medical objection made by the student.

    5. (5) Schools may not include more than five percent (5%) of their total school curriculum of instruction with:

       1. (A) Reiki;
       2. (B) Polarity; or
       3. (C) Other energy-based modalities.

26. (g) Instruction methods.

    1. (1)

       1. (A) Each specified course of study must be outlined with a syllabus that includes written learning objectives.

       2. (B) Instructors will:

          1. (i) Follow daily lesson plans; and
          2. (ii) Provide active, organized learning sessions and must be made available for inspection.
    2. (2) Recognized methods of instruction such as but not limited to lecture, demonstration, and supervised hands-on practice will be utilized to ensure reasonable learning objectives and outcomes.

    3. (3)

       1. (A) All classes must:

          1. (i) Be instructed and supervised by qualified and approved personnel; and
          2. (ii) Consist of no fewer than fifty (50) minutes of active teaching per credit hour.
       2. (B) In-school independent study time is limited to no more than five percent (5%) of the total hours of a program.

    4. (4) “Active teaching” means qualified school personnel offering:

       1. (A) Organized lecture;
       2. (B) Activities;
       3. (C) Demonstration; and/or
       4. (D) Direct and immediate supervision of students during hands-on practice.

    5. (5) Written and practical evaluations shall be conducted with all grades:

       1. (A) Recorded; and
       2. (B) Available for inspection.

27. (h) Instructor qualifications.

    1. (1)

       1. (A) All persons who instruct any portion of a curriculum within an approved massage therapy school must be a licensed:

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

       3. (C) Each school must be able to supply the department with a list of instructors who have taught or who will be teaching at that school along with documentation of:

          1. (i) Their qualifications; and
          2. (ii) The subjects they have instructed or will instruct.

    2. (2)

       1. (A) For the purposes of qualifying instructors for subjects required by Arkansas Code § 17-86-306, the following definitions will be used:

          1. (i) “Academic subjects” include:
28. (a) (a) Anatomy;

29. (b) (b) Physiology;

    1. (c) (c) Pathology; and

       1. (d) (d) Related human sciences;

          1. (ii) ”Nontechnical subjects” include massage therapy:
30. (a) (a) Laws;

31. (b) (b) Ethics; and

    1. (c) (c) Business management; and

       1. (iii) “Technical subjects” are those defined as massage therapy techniques, hydrotherapy, heliotherapy, electrotherapy, and any hands-on training that may occur under various related subjects.

       2. (B) Persons to instruct technical subjects must:

          1. (i) Be qualified and hold a current license as a:
32. (a) (a) Master massage therapist; or

33. (b) (b) Massage therapy instructor; and

    1. (ii) Have a minimum of two (2) consecutive years of active experience in the practice of massage therapy.

       1. (C) Persons to instruct academic subjects must:

          1. (i) 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
          2. (ii) Hold a minimum of a bachelor’s degree plus two (2) years’ practical experience in a subject directly related to that being taught.

       2. (D) Persons to instruct nontechnical subjects must:

          1. (i) 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
          2. (ii) Hold a minimum of a two-year associate’s degree and two (2) years’ practical experience in a subject directly related to that being taught.

    2. (3)

       1. (A) Schools may invite guest instructors to teach within their program without department preapproval if such guest instructor instructs on no more than sixteen (16) hours per school curriculum.
       2. (B) Subdivisions (h)(1) and (h)(2) of this section show how guest instructors shall be qualified.

       3. (C)

          1. (i) Schools may utilize guest instructors to provide no more than a total of twenty-five (25) hours per school curriculum.
          2. (ii) A record of all hours of instruction provided in this manner must be:
34. (a) (a) Maintained by the school; and

35. (b) (b) Made available for department inspection upon request.

    1. (D) Schools must keep a log of guest instructors.

       1. (i) Student enrollment requirements for schools and apprenticeships.
    2. (1) Completed learning permit application.
    3. (2) Furnish to the department satisfactory proof that the applicant is eighteen (18) years of age or older.
    4. (3) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under Arkansas Code § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department.
    5. (4) Provide a state and federal criminal background check to the department as provided in Arkansas Code § 17-86-104.

    6. (5) Present the following issued in the same name as the applicant or licensee:

       1. (A) A legible copy of a valid photo identification card or driver's license; and
       2. (B) A legible copy of a Social Security card.
    7. (6) Request the massage therapy school or massage therapy apprenticeship program in which the applicant is seeking to enroll to send a copy of the enrollment contract or equivalent confirmation of enrollment to the department.
    8. (7) Proof of physical examination by a medical doctor documenting that the student poses no health risk to give and receive massage.
    9. (8) Pay the specified fees as provided in Arkansas Code § 17-86-303, which shall accompany a completed notarized application to the department.

36. (j) Student clinical.

    1. (1) 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.
    2. (2) The status of the practitioner must be made clearly evident to the recipient of student massage.

    3. (3) Any student to be considered eligible for clinical practice must have completed the following requirements:

       1. (A) One hundred (100) hours of anatomy, physiology, pathology, and contraindications for massage therapy;
       2. (B) One hundred (100) hours of technical training;

       3. (C) All portions of the school’s curriculum pertaining to:

          1. (i) Personal hygiene;
          2. (ii) Sanitation;
          3. (iii) Ethics; and
          4. (iv) Professional standards; and
       4. (D) Provide proof of student liability insurance.
    4. (4) All clinical massages by a student must be documented and performed under the supervision of a qualified technical instructor who has access to the treatment area at all times.

    5. (5) No more than fifty (50) hours of student massage may be:

       1. (A) Attained in this manner; and
       2. (B) Applied to meet the requirements for licensure.

    6. (6)

       1. (A) Students may not solicit payment in any form during clinical practice either:

          1. (i) On school premises;
          2. (ii) At chosen locations for field trips; or
          3. (iii) While practicing away from school facilities and direction.

       2. (B) This includes:

          1. (i) Barters;
          2. (ii) Donations; and/or
          3. (iii) Trades.
       3. (C) The student may accept gratuities during supervised clinical massage.
    7. (7) No student may leave classroom instruction to perform student-client massages.

37. (k) Student records.

    1. (1) All student records must be maintained for a period of not fewer than five (5) years, to include:

       1. (A) Copy of signed learning permit application;
       2. (B) Written and practical evaluation reports that include subject matter;
       3. (C) Copies of completed examinations;
       4. (D) Daily attendance records of actual theory class time;

       5. (E) Daily attendance records for hands-on training that should include:

          1. (i) Name and location at which hours were gained;
          2. (ii) How many hours per day; and
          3. (iii) How many clients and what services were performed; and
       6. (F) Proof of CPR training for all students at the time of their graduation.

    2. (2) In the event of school closure or change of school ownership, a copy of all current student records and all student records maintained for the previous five (5) years must be submitted to the department.

       1. (l) Miscellaneous.
    3. (1) Each school operated within the state shall be inspected during regular operations by the department at least one (1) time each year.

    4. (2)

       1. (A) Any school desiring to move the location of its license must apply for relocation and submit all required documents to the department at least thirty (30) days prior to any location change.
       2. (B) The department will inspect the school’s new location when all requirements for relocating a school have been met.

    5. (3) Schools providing offsite student massages shall be allowed only under the direct supervision of a:

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

Codification Notes: “CLEP” means college level examination program. "CPR" means cardiopulmonary resuscitation. "HIV/AIDS" means Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome.