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Form a Business

Massage Therapists

Ark. Code Ann. tit. 17, ch. 86
in effect

Ark. Code Ann. § 17-86-102 Definitions.

As used in this chapter: (1) “Entity” means a corporation, association, limited liability company, general partnership, limited partnership, sole proprietorship or other organization recognized under the laws of the State of Arkansas or any other state; (2) “Licensee” means an individual licensed under this chapter; (3)(A) “Massage therapist” means a person who has: (i) Earned a diploma from a State Board of Health accepted school of massage therapy; (ii) Passed an examination required or accepted by the State Board of Health; and (iii) Become licensed and registered to practice massage therapy. (B) “Massage therapist” includes a person who has previously obtained the massage therapist license under prior state law. (C) A massage therapist may: (i) Instruct continuing education programs approved by the Department of Health; and (ii) Assist in the instruction of the procedures defined in subdivisions (4)(A)-(C) of this section under the direct supervision of a massage therapy instructor or master massage therapist; (4)(A) “Massage therapy” means the treatment of soft tissues, which may include skin, fascia, and muscles and their dysfunctions for therapeutic purposes of establishing and maintaining good physical condition, comfort, and relief of pain. (B) “Massage therapy” is a healthcare service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, and stretching the tissue. (C) “Massage therapy” also means to engage in the practice of any of the following procedures: (i) Massage therapy techniques and procedures, either hands-on or with mechanical devices; (ii) Therapeutic application and use of oils, herbal or chemical preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa services; (iii) Therapeutic application of hot or cold packs; (iv) Hydrotherapy techniques; (v) Heliotherapy, which may include mechanical devices, heat lamps, and other devices; (vi) Electrotherapy; (vii) Any hands-on bodywork techniques and procedures rising to the level of the techniques and procedures intended to be regulated under this chapter and not covered under specific licensing laws of other boards; and (viii) Cupping therapy; (5) “Massage therapy apprentice” means a person who is enrolled in a massage therapy apprenticeship program; (6) “Massage therapy apprenticeship program” means a program that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing on March 1, 2021, and is approved by the United States Office of Apprenticeship; (7) "Massage therapy establishment” means a location other than a massage therapy school in which massage therapy is performed including without limitation: (A) A massage therapy clinic; (B) A massage therapy spa; or (C) An entity that contracts with or employs a massage therapist to provide massage therapy services at an alternate location, including without limitation a private residence, hotel, or other permanent or temporary dwelling; (8) “Massage therapy establishment registration” means the mandatory registration with the department that permits the operation of a massage therapy establishment; (9) “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; (10)(A) “Massage therapy instructor” means a person who: (i) Before July 1, 2010, has completed no less than two hundred fifty (250) hours of practical experience as a master massage therapist, which may be gained, in part or in whole, as an assistant to an instructor in a massage school or may be gained, in part or in whole, as a directed instructor in a massage school and has completed no less than two hundred fifty (250) continuing education hours as approved by the department; (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 less than three (3) years preceding the application for an upgrade to massage therapy instructor; (iii) On or after July 1, 2010, in addition to the experience under subdivision (10)(A)(i) of this section, has completed no less than two hundred fifty (250) continuing education hours as approved by the department as a licensed master massage therapist; and (iv) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) “Massage therapy instructor” includes a person who has previously obtained the massage therapy instructor license under prior state law. (C) Massage therapy instructors may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (4) of this section; and (iii) Instruct basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e); (11) “Massage therapy learning permit” means a permit issued by the department 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 completion of the apprenticeship or graduation from the massage therapy school; (12) “Massage therapy school” means a registered and licensed facility that meets and follows the required educational standards as established by § 17-86-306 and all pertinent rules established by the State Board of Health; (13) “Massage therapy spa” means a site or premises, or portion of a site or premises, in which a massage therapist practices massage; (14) “Massage therapy student” means a person who is enrolled in a licensed massage therapy school or postsecondary massage therapy school; (15)(A) “Master massage therapist” means a person who: (i) Before July 1, 2010, is a licensed and registered massage therapist who has completed no fewer than two hundred fifty (250) hours of practical experience as a massage therapist, which may be gained in part or in whole as an assistant to an instructor in a massage school and has completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; (ii) Either: (a) On or after July 1, 2010, has: (1) Been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; and (2) In addition to the experience under subdivision (15)(A)(i) of this section, completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; or (b) On or after July 1, 2023, has: (1) Been an active practicing licensee and registered as a massage therapist for the period of not less than twelve (12) months preceding the application for an upgrade to master massage therapist; and (2) Completed not less 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 (iii) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) “Master massage therapist” includes a person who has previously obtained the master massage therapist license under a prior state law. (C) Master massage therapists may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (4) of this section; and (iii) Instruct, as directed by a massage therapy instructor, basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e); (16) “Postsecondary massage therapy school” means a massage therapy school that: (A) Offers a postsecondary curriculum approved by the State Board of Health; and (B) Has an enrollment in which no more than fifty percent (50%) of its students do not have a high school diploma or the recognized equivalent of a high school diploma; (17) “Principal” means each owner, member, shareholder, partner, or other person with a financial interest in an entity applying for or holding a massage therapy establishment registration; and (18) “Sexual misconduct” includes: (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; (B) Massage of the genitalia, anus, and, except under specific circumstances, the breast; and (C) Sexual activity with consent of a client or at the request of a client .

Ark. Code Ann. § 17-86-103 Penalties.

(a) Any person who violates any of the provisions of this chapter shall be found guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine not exceeding one thousand five hundred dollars ($1,500), or by both fine and imprisonment, at the discretion of the court. (b) It shall be the duty of the prosecuting attorney in the county where the violation occurs, upon request by the Department of Health, to initiate proper legal proceedings in a court of competent jurisdiction to enforce the provisions of this chapter. (c) Any person found guilty of violations of this chapter may be subject to emergency suspension or revocation of licensure dependent upon the findings. (d) The courts of this state are vested with jurisdiction and power to enjoin the unlawful practice of massage therapy and related techniques in a proceeding by the department or by any citizen of this state in the county in which the alleged unlawful practice occurred, the county in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.

Ark. Code Ann. § 17-86-104 Criminal background checks.

An applicant applying for enrollment in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program or applying as a new massage therapy licensee, an individual applying for a new massage therapy school license, a person applying individually or as principal of an entity applying for a massage therapy establishment registration, or a licensee applying for an upgrade issued by the Department of Health shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

Ark. Code Ann. § 17-86-201 Members.

(a)(1) The Massage Therapy Technical Advisory Committee shall consist of seven (7) members, who shall be appointed by the State Board of Health for a term of three (3) years. (2)(A) Six (6) of the members shall be licensees under this chapter. (B) Only one (1) of the members shall be an owner of a massage therapy school. (3) One (1) member, to represent the public, shall not be engaged in or retired from the practice of massage therapy. (b) The State Board of Health shall promulgate by rule the duties and powers of the committee.

Ark. Code Ann. § 17-86-202 Employees.

(a) The Department of Health may employ an executive director, regular or special counsel, inspectors, clerks, secretaries, and other personnel it deems necessary to carry out the provisions of this chapter. (b) An employee under this section shall not have any financial interest in the practice or instruction of massage therapy.

Ark. Code Ann. § 17-86-204 Records.

(a)(1) The Department of Health shall maintain a record book and computer file in which will be entered the names and addresses of all persons and entities to whom licenses or registrations have been granted under this chapter, the license or registration number, and the dates of granting such licenses, registrations, and renewals thereof, and other matters of record. (2) The department will move to a separate book and file the records of all persons who have died, have let their licenses lapse for three (3) years, whose licenses have been suspended or revoked by the department, or cancelled by the licensee. (b)(1) The record books and computer files so provided and maintained shall be deemed and considered a book of records and files of records, and they will be kept in a timely manner. (2) A transcript of any record therein or a license or registration number or date of granting such a license or registration to a person charged with a violation of any of the provisions of this chapter shall be admitted as evidence in any of the courts of this state if certified by the department. (c)(1) The original books, records, and papers of the department shall be maintained at the offices of the department. (2) A school that closes shall immediately submit all student transcripts to the department office. (d) Copies of records may be furnished to any person requesting them upon payment of such copying fee as the department may require and as Arkansas state laws and rules permit. However, licensing exams shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

Ark. Code Ann. § 17-86-205 Disposition of funds.

(a)(1) All moneys remitted to the Department of Health under this chapter shall be made payable to the Department of Health. (2) The Department of Health shall deposit all such funds received in a timely manner in accordance with laws of the State of Arkansas and rules of the Department of Finance and Administration. (b)(1) All moneys received under this chapter shall be paid into the State Treasury and shall be credited to the Public Health Fund for the general uses of the Department of Health. (2) Salaries and other expenses necessarily incurred in carrying into effect the provisions of this chapter and other programs administered by the Department of Health shall be paid from the moneys received.

Ark. Code Ann. § 17-86-302 Sanitary requirements.

(a) It shall be unlawful for any person or school to be licensed or any establishment to be operated under the provisions of this chapter unless the following requirements are met and practiced: (1) A sink for hand washing with hot and cold running water and soap must be accessible; (2) A restroom must be accessible; (3) A towel or sheet that has been used by one (1) client may not be used on another person unless the towel or sheet has been relaundered; (4) Anyone who has any infectious, contagious, or communicable disease which 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. Any employee with such a disease must be immediately relieved from duty until all risk of disease transmission is cleared; (5) A school or clinic must be equipped with a massage table or tables or a massage chair or chairs or equipped with such standard equipment dictated by the practice engaged in as defined in § 17-86-102; and (6) A clinic or school must comply with all requirements of the Department of Health, city ordinances, and state laws. (b) Failure to comply with any of the requirements as set forth by this section will be grounds for suspension or revocation of license.

Ark. Code Ann. § 17-86-303 Massage therapist.

(a) For an applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program on or after January 1, 2024, in order to be issued a massage therapy learning permit, the applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program shall: (1) Furnish to the Department of Health satisfactory proof that the applicant is eighteen (18) years of age or older; (2) 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 § 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; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5) Request the massage therapy school or massage therapy apprenticeship program in which the applicant is seeking to enroll or has enrolled to send a copy of the enrollment contract, or equivalent confirmation of enrollment to the department; and (6) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department. (b) For an applicant who was issued a massage therapy learning permit on or after January 1, 2024, an applicant holding a massage therapy learning permit under subsection (a) of this section, upon graduating from a massage therapy school or completing a massage therapy apprenticeship program, shall: (1) Request the massage therapy school or massage therapy apprenticeship program submit directly to the department either: (A) A transcript and credentials issued by a massage therapy school; or (B) A certificate of completion issued by a massage therapy apprenticeship program; (2) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; (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 § 17-3-102 or constitute the offense of prostitution, either in this state or another state, since the date the massage therapy learning permit was issued, and submit a signed authorization to investigate and have information released to the department; (4) Submit a completed application provided by the department for issuance of licensure; and (5) Pay the specified fees as provided in subsection (d) of this section. (c) In order to be licensed as a massage therapist, the person seeking licensure under § 17-86-308 or subsection (g) of this section or through similar reciprocity provisions as provided by the rules established by the department shall: (1) Furnish to the department satisfactory proof that the applicant is eighteen (18) years of age or older; (2) 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 § 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; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5)(A) Present a high school diploma, high school equivalency diploma approved by the Adult Education Section, or college transcript and credentials issued by a massage therapy school accepted by the department or an equivalent institution with no less than five hundred (500) hours of in- classroom instruction. (B) An applicant shall not submit his or her transcript directly to the department. (C) An applicant shall request that the massage therapy school submit the transcript directly to the department. (D)(i) If the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why the transcript can not be obtained. (ii) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department; (6) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; and (7) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department. (d) Fees are as follows: (1) Massage therapy learning permit application fee ............. $75.00 Nonrefundable under subsection (a) of this section (2) Reciprocity license application fee.............75.00 Nonrefundable under subsection (c) of this section (3) Original license fee ............. 80.00 under subsection (b) of this section or by reciprocity under subsection (c) of this section (4) Biennial renewal ............. 80.00 (5) Examination fee or reexamination fee ............. 25.00 (6) Duplicate license fee ............. 10.00 (7) Pocket card fee not to exceed ten dollars ($10.00). (e) A person shall not practice massage therapy unless he or she holds a valid massage therapy learning permit by the department or until his or her official license has been received from the department. (f) A person who attempts to procure or does procure a license in violation of this section shall be subject to the penalties provided for in § 17-86-103. (g) A person who was enrolled in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program as of January 1, 2024, or has completed or graduated from a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program before January 1, 2024, may seek licensure as provided in subsection (c) of this section.

Ark. Code Ann. § 17-86-304 Master massage therapist.

(a) A person who holds a license as a massage therapist issued by the Department of Health and who submits satisfactory evidence to the department that he or she has completed and meets the requirements stated in § 17-86-102 is entitled to be upgraded to master massage therapist. (b) Each application for upgrade to master massage therapist shall be considered a new application for purposes of criminal background checks. (c) Fees are as follows: (1) Application fee $75.00 Nonrefundable (2) Original license fee 80.00 (3) Biennial renewal fee 80.00 (4) Duplicate license fee 10.00 (5) Pocket card fee not to exceed ten dollars ($10.00).

Ark. Code Ann. § 17-86-305 Massage therapy instructor.

(a) A person who holds a license as a master massage therapist issued by the Department of Health and who submits satisfactory evidence to the department that he or she has successfully completed and meets the requirements stated in § 17-86-102 shall be entitled to be upgraded to massage therapy instructor. (b) Each application for upgrade to massage therapy instructor is considered a new application for purposes of criminal background checks. (c) Fees are as follows: (1) Application fee $75.00 Nonrefundable (2) Original license fee 80.00 (3) Biennial renewal fee 80.00 (4) Duplicate license fee 10.00 (5) Pocket card fee not to exceed ten dollars ($10.00).

Ark. Code Ann. § 17-86-306 Massage therapy school.

(a) 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 of Health. (b) A massage therapy school shall not be approved by the department or granted a certificate of licensure until the appropriate application and inspection forms as prescribed by the department have been completed and approved and the licensure fee has been paid. (c)(1) Inspection of the school premises shall be made by the department, to include without limitation proof of required forms completed and returned to the department with approval or recommendations. (2) Should the school facilities not pass the first inspection and, after recommendations, failures are corrected, a second inspection will be made within thirty (30) days to determine the school's eligibility. (d)(1) A school shall require a physical examination by a medical doctor documenting that the student poses no health risk to give and receive massage. (2) The school shall be required to maintain proof of the examination and furnish additional information and documents as may be required by the department or its appointee during the inspection. (e) The department may certify the school and provide for licensure thereof if the school follows a curriculum consisting of not fewer than five hundred (500) hours of in-classroom instruction over a term of not fewer than four (4) months consisting of the following subjects: (1) One hundred seventy-five (175) hours of anatomy, physiology, pathology, and contraindications to massage therapy; (2) Two hundred twenty-five (225) hours of technique; (3) Twenty-five (25) hours of hydrotherapy, electrotherapy, and heliotherapy; (4) Twenty-five (25) hours of hygiene and infection control; (5) Twenty-five (25) hours of massage therapy law, business management, and professional ethics; and (6) Twenty-five (25) hours of related subjects as approved by the department. (f)(1) The fee for establishing a school shall not exceed one thousand dollars ($1,000). (2) The initial inspection fee for each school shall not exceed one hundred dollars ($100). (3) The annual renewal and inspection fee for each school shall not exceed one hundred dollars ($100). (g) The curriculum established in subsection (e) of this section shall be followed for all massage therapy programs. (h)(1) The State Board of Health shall promulgate rules setting a standard educational curriculum for schools of massage. (2) The standard educational curriculum shall distinguish between secondary and postsecondary educational requirements for the schools of massage.

Ark. Code Ann. § 17-86-307 Massage therapy establishment.

(a)(1) A person or entity shall not establish, maintain, or operate a massage therapy establishment unless the person or entity is registered with the Department of Health. (2) To open a massage therapy establishment, each principal of a massage therapy establishment shall submit to the department the following: (A) A completed registration application as furnished by the department; (B)(i) List of all principals, and each principal’s massage therapy license number, if applicable; (ii) If requested by the department, the applicant or massage therapy establishment registration holder shall provide any requested documentation to support each principal’s interest in the entity; (C) List of all licensed massage therapists performing services in the massage therapy establishment; (D) A certificate of good standing from the Secretary of State, if applicable; and (E) A copy of a business license from city or municipality, if applicable. (3) Each massage therapy establishment registration issued under this chapter shall be valid for two (2) years from the date of issuance. (4) Any massage therapy establishment registered and in good standing with the department on the effective date of this section shall have ninety (90) days to submit all required documentation to the department as provided in this section. (5) The massage therapy establishment registration is not transferable. (b) If any information or documentation provided by the massage therapy establishment under subsection (a) of this section changes after initial registration, the massage therapy establishment shall update the department within ten (10) business days of the change. (c) The annual inspection fee for each clinic and spa shall not exceed seventy-five dollars ($75.00).

Ark. Code Ann. § 17-86-308 Reciprocity.

(a)(1) The Department of Health may enter into reciprocal relations with other states and territories whose licensure requirements are substantially the same as those provided in this chapter. (2)(A) If the applicant's transcript or a copy of the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why it may not be obtained. (B) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department. (b)(1) An out-of-state applicant holding a current massage therapy license issued by another state and after receiving an Arkansas massage therapy license may apply for an upgrade to master massage therapist or massage therapy instructor by providing appropriate continuing education credits and experience gained before Arkansas licensure for department approval. (2) An upgrade request shall be made by submitting a complete application package and paying the fees required by this chapter.

Ark. Code Ann. § 17-86-309 Renewals — Inactive list — Continuing education.

(a)(1)(A) A license issued under this chapter is valid for two (2) years and expires on the licensee's birthday. (B)(i) If a license issued under this chapter is not renewed by the first day of the month preceding the birthdate of the licensee in the biennial renewal year, the license expires. (ii)(a) If a license expires under subdivision (a)(1)(B)(i) of this section, the applicant shall submit a new application that requires the applicant to meet current requirements and successfully complete an examination recognized by the Department of Health. (b) The department shall issue a license effective as of the date of receipt of the late application and all new applicant fees. (c) An individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on the inactive list for not more than four (4) years without reexamination. (2) Each license for a massage therapy school is valid for a period of one (1) year and expires on June 30 of each year, whereupon a renewal license may be issued upon submission of a completed license renewal application with payment of the fee or fees prescribed for class of certification. (3) Every license for licensees, both active and inactive, shall expire on the birthdate of the licensee in the biennial renewal year. (4) Each renewal for licensees shall be accompanied by proof of no fewer than eighteen (18) hours of continuing education that have been approved by the department. (b) A renewal application for a licensee is due on or before the first day of the month preceding the month of the birthdate of the licensee in the biennial renewal year. (c) A renewal application for a licensee postmarked after the first day of the month preceding the month of the birthdate of the licensee of the biennial renewal year shall be levied a late penalty fee not to exceed twenty-five dollars ($25.00). (d)(1) An application for renewal postmarked after the birthdate of the licensee in the biennial renewal year will be treated as an application to renew an expired license. (2)(A) A license is expired if the application is postmarked after the birthdate of the licensee in the biennial renewal year. (B) Before the department issues a new license to an applicant whose license has expired under subdivision (d)(2)(A) of this section, the applicant shall: (i) Submit a new application that requires the applicant to meet current requirements; and (ii) Successfully complete an examination recognized by the department. (e) The department shall issue a license effective as of the date of receipt of the late application and all renewal fees, penalties, and required documentation. (f)(1) Any individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on this list for a period not to exceed four (4) years without reexamination. (2) After the time allowed under subdivision (f)(1) of this section, all inactive licensees shall meet current requirements for licensure and must successfully complete an examination recognized by the department before resuming the active practice of massage therapy. (g) Any individual licensee who has been placed on the inactive list for fewer than four (4) years and who wishes to reactivate his or her license shall follow the procedures for license renewal as provided for in this section, present satisfactory evidence of completion of continuing education hours as required by subsection (a) of this section for the inactive period, and pay all appropriate fees before resuming the active practice of massage therapy. (h) The fee for placement on the inactive list shall not exceed eighty dollars ($80.00) per biennium. (i)(1) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500). (2) A massage therapy school license renewal postmarked after June 30 of each year automatically expires. (3) A licensee whose massage therapy school license has expired shall submit a new application to the department with current requirements and fees. (j)(1) Each application for continuing education programs shall be accompanied by an application fee not to exceed forty dollars ($40.00). (2)(A) A licensee holding a valid Arkansas massage therapy license may request department approval of appropriate continuing education courses otherwise not approved by the department. (B) Courses shall meet similar standards as courses approved by the department. (C) Proof of residency shall accompany the request.

Ark. Code Ann. § 17-86-310 Display of license or registration.

(a)(1) An official massage therapy license shall be conspicuously and publicly displayed in the place where the holder engages in the practice of massage therapy or instruction of massage therapy. (2) An official massage therapy school license shall be conspicuously displayed in the massage therapy school. (3) An official massage therapy establishment registration shall be conspicuously displayed in the massage therapy establishment. (b) It is unlawful to tamper with or reduce in size an original massage therapy license or registration issued by the Department of Health. (c) Each license or registration shall provide the correct address of the department. 17-86-311. Disciplinary actions and penalties. (a) The Massage Therapy Technical Advisory Committee may deny, suspend, place on probation, or revoke a license or registration upon any one (1) of the following grounds: (1) A felony listed under § 17-3-102 or the offense of prostitution, either in this state or another state; (2) Malpractice or gross incompetency; (3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities; (4) Habitual drunkenness or habitual use of any illegal drugs; (5) Serving alcoholic beverages at the clinic or school in a room where massage therapy is being performed or in a massage therapy school; (6) Unprofessional conduct; (7) Failure to comply with the Department of Health's Massage Therapy Code of Ethics or any valid rule or order of the department; (8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy; (9) Failure of any licensee or registration holder to comply with this chapter; (10) Failure to have licensed personnel to perform massage therapy techniques in his or her establishment or school; (11) Employing, contracting, or allowing an individual who does not hold a current massage therapy license or massage therapy learning permit to perform massage therapy techniques in the licensee's massage therapy establishment or massage therapy school; or (12) Operating an establishment without a massage therapy establishment registration. (b)(1) The State Board of Health shall establish by rule the penalty system to be imposed under this section. (2) Whenever the committee finds that the holder of a license, certificate of registration, or other permit issued by the department is guilty of a violation of the rules of the department or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the department, the committee may impose a penalty on the licensee, registration holder, or permit holder in lieu of suspension or revocation of license, certificate of registration, or other permit. (3)(A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the committee may require that the licensee or permit holder pay a penalty to the department. (B) The license, certificate of registration, or permit shall be suspended until the penalty is paid. (4)(A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate of registration, or other permit only if the committee formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results. (B) The minimum penalty imposed by the committee in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction. (C) The authority of the committee to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation. (D) A person penalized by the committee under this chapter may appeal any order of the committee in the manner currently provided by law. (E) In addition to any other sanctions authorized by this chapter, the committee may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter. (c)(1) The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct is prohibited. (2) The committee shall revoke the license of a person who engages in the practice of massage of the breasts unless the massage therapist: (A) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and (B) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage. (3) A revocation of a license or registration under subdivisions (c)(1) and (2) of this section shall be for a period of at least three (3) years and any application for reinstatement of a license shall be reviewed for approval by the Massage Therapy Technical Advisory Committee. (d)(1) Charges may be brought by any person. (2) Any accusation of any of the offenses enumerated in this section may be filed with the committee. The accusations shall be in writing, signed by the accuser, and verified under oath. (e) In denying, suspending, or revoking any license or registration, the committee shall afford any party review as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and as otherwise provided by the rules of the State Board of Health.

Ark. Code Ann. § 17-86-311 Disciplinary actions and penalties.

(a) The Massage Therapy Technical Advisory Committee may deny, suspend, place on probation, or revoke a license upon any one (1) of the following grounds: (1) A felony listed under § 17-3-102 or the offense of prostitution, either in this state or another state; (2) Malpractice or gross incompetency; (3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities; (4) Habitual drunkenness or habitual use of any illegal drugs; (5) Serving alcoholic beverages at the clinic or school in a room where massage therapy is being performed or in a massage therapy school; (6) Unprofessional conduct; (7) Failure to comply with the Department of Health's Massage Therapy Code of Ethics or any valid rule or order of the department; (8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy; (9) Failure of any licensee to comply with this chapter; or (10) Failure to have licensed personnel to perform massage therapy techniques in his or her clinic or school. (b)(1) The State Board of Health shall establish by rule the penalty system to be imposed under this section. (2) Whenever the committee finds that the holder of a license, certificate of registration, or other permit issued by the department is guilty of a violation of the rules of the department or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the department, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of license, certificate of registration, or other permit. (3)(A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the committee may require that the licensee or permit holder pay a penalty to the department. (B) The license, certificate of registration, or permit shall be suspended until the penalty is paid. (4)(A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate, or other permit only if the committee formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results. (B) The minimum penalty imposed by the committee in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction. (C) The authority of the committee to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation. (D) A person penalized by the committee under this chapter may appeal any order of the committee in the manner currently provided by law. (E) In addition to any other sanctions authorized by this chapter, the committee may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter. (c)(1) The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct is prohibited. (2) The committee shall revoke the license of a person who engages in the practice of massage of the breasts unless the massage therapist: (A) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and (B) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage. (3) A suspension of a license under subdivisions (c)(1) and (2) of this section shall be for a period of three (3) years. (d)(1) Charges may be brought by any person. (2) Any accusation of any of the offenses enumerated in this section may be filed with the committee. The accusations shall be in writing, signed by the accuser, and verified under oath. (e) In denying, suspending, or revoking any license, the committee shall afford any party review as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and as otherwise provided by the rules of the State Board of Health.

Ark. Code Ann. § 17-86-312 Fees.

(a) All registration fees and other fees due the Department of Health shall be paid in accordance with the provisions of this chapter and all other laws and rules of this state. (b)(1) The initial inspection fee for a massage therapy school shall not exceed one hundred dollars ($100). (2) The annual renewal and inspection fee for a massage therapy school shall not exceed one hundred dollars ($100). (3) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500).

Ark. Code Ann. § 17-86-314 Active military duty licensure.

(a) If a licensee fails to renew timely his or her license because the licensee is or was on active duty with the United States Armed Forces or on state active duty with the Arkansas National Guard, the licensee may renew the license by: (1) Requesting renewal of the license before or after the expiration by: (A) The licensee; (B) The licensee's spouse; or (C)(i) The licensee's power of authority. (ii) A copy of the power of authority documentation shall be filed with the renewal form if the power of authority requests the renewal; (2) Completing the appropriate renewal form, including the current address and telephone number for the individual requesting the renewal; and (3) Filing with the renewal form a copy of the official orders or other official military documentation showing that the licensee is or was on active duty. (b) A licensee renewing under this section shall pay the applicable renewal fee under § 17-86-309 but shall not pay a late renewal fee.

Ark. Code Ann. § 17-86-401 Text of compact.

The Interstate Massage Compact is enacted into law and entered into by this state with all states legally joining therein and in the form substantially as follows: INTERSTATE MASSAGE COMPACT ARTICLE 1- PURPOSE The purpose of this Compact is to reduce the burdens on State governments and to facilitate the interstate practice and regulation of Massage Therapy with the goal of improving public access to, and the safety of, Massage Therapy Services. Through this Compact, the Member States seek to establish a regulatory framework which provides for a new multistate licensing program. Through this additional licensing pathway, the Member States seek to provide increased value and mobility to licensed massage therapists in the Member States, while ensuring the provision of safe, competent, and reliable services to the public. This Compact is designed to achieve the following objectives, and the Member States hereby ratify the same intentions by subscribing hereto: A. Increase public access to Massage Therapy Services by providing for a multistate licensing pathway; B. Enhance the Member States’ ability to protect the public’s health and safety; C. Enhance the Member States’ ability to prevent human trafficking and licensure fraud; D. Encourage the cooperation of Member States in regulating the multistate Practice of Massage Therapy; E. Support relocating military members and their spouses; F. Facilitate and enhance the exchange of licensure, investigative, and disciplinary information between the Member States; G. Create an Interstate Commission that will exist to implement and administer the Compact; H. Allow a Member State to hold a Licensee accountable, even where that Licensee holds a Multistate License; I. Create a streamlined pathway for Licensees to practice in Member States, thus increasing the mobility of duly licensed massage therapists; and J. Serve the needs of licensed massage therapists and the public receiving their services; however, K. Nothing in this Compact is intended to prevent a State from enforcing its own laws regarding the Practice of Massage Therapy. ARTICLE 2- DEFINITIONS As used in this Compact, except as otherwise provided and subject to clarification by the Rules of the Commission, the following definitions shall govern the terms herein: A. “Active Duty Military” - any individual in full-time duty status in the active uniformed service of the United States including members of the National Guard and Reserve. B. “Adverse Action” - any administrative, civil, equitable, or criminal action permitted by a Member State’s laws which is imposed by a Licensing Authority or other regulatory body against a Licensee, including actions against an individual’s Authorization to Practice such as revocation, suspension, probation, surrender in lieu of discipline, monitoring of the Licensee, limitation of the Licensee’s practice, or any other Encumbrance on licensure affecting an individual’s ability to practice Massage Therapy, including the issuance of a cease and desist order. C. “Alternative Program” - a non-disciplinary monitoring or prosecutorial diversion program approved by a Member State’s Licensing Authority. D. “Authorization to Practice” - a legal authorization by a Remote State pursuant to a Multistate License permitting the Practice of Massage Therapy in that Remote State, which shall be subject to the enforcement jurisdiction of the Licensing Authority in that Remote State. E. “Background Check” - the submission of an applicant’s criminal history record information, as further defined in 28 C.F.R. § 20.3(d), as amended from the Federal Bureau of Investigation and the agency responsible for retaining State criminal records in the applicant’s Home State. F. “Charter Member States” - Member States who have enacted legislation to adopt this Compact where such legislation predates the effective date of this Compact as defined in Article 12. G. “Commission” - the government agency whose membership consists of all States that have enacted this Compact, which is known as the Interstate Massage Compact Commission, as defined in Article 8, and which shall operate as an instrumentality of the Member States. H. “Continuing Competence” - a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational or professional activities that maintain, improve, or enhance Massage Therapy fitness to practice. I. “Current Significant Investigative Information” - Investigative Information that a Licensing Authority, after an inquiry or investigation that complies with a Member State’s due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that State’s laws regarding the Practice of Massage Therapy. J. “Data System” - a repository of information about Licensees who hold Multistate Licenses, which may include but is not limited to license status, Investigative Information, and Adverse Actions. K. “Disqualifying Event” - any event which shall disqualify an individual from holding a Multistate License under this Compact, which the Commission may by Rule specify. L. “Encumbrance” - a revocation or suspension of, or any limitation or condition on, the full and unrestricted Practice of Massage Therapy by a Licensing Authority. M. “Executive Committee” - a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. N. “Home State” - means the Member State which is a Licensee’s primary state of residence where the Licensee holds an active Single-State License. O. “Investigative Information” - information, records, or documents received or generated by a Licensing Authority pursuant to an investigation or other inquiry. P. “Licensing Authority” - a State’s regulatory body responsible for issuing Massage Therapy licenses or otherwise overseeing the Practice of Massage Therapy in that State. Q. “Licensee” - an individual who currently holds a license from a Member State to fully practice Massage Therapy, whose license is not a student, provisional, temporary, inactive, or other similar status. R. “Massage Therapy”, “Massage Therapy Services”, and the “Practice of Massage Therapy” - the care and services provided by a Licensee as set forth in the Member State’s statutes and regulations in the State where the services are being provided. S. “Member State” - any State that has adopted this Compact. T. “Multistate License” - a license that consists of Authorizations to Practice Massage Therapy in all Remote States pursuant to this Compact, which shall be subject to the enforcement jurisdiction of the Licensing Authority in a Licensee’s Home State. U. “National Licensing Examination” - A national examination developed by a national association of Massage Therapy regulatory boards, as defined by Commission Rule, that is derived from a practice analysis and is consistent with generally accepted psychometric principles of fairness, validity and reliability, and is administered under secure and confidential examination protocols. V. “Remote State” - any Member State, other than the Licensee’s Home State. W. “Rule” - any opinion or regulation promulgated by the Commission under this Compact, which shall have the force of law. X. “Single-State License” - a current, valid authorization issued by a Member State’s Licensing Authority allowing an individual to fully practice Massage Therapy, that is not a restricted, student, provisional, temporary, or inactive practice authorization and authorizes practice only within the issuing State. Y. “State” - a state, territory, possession of the United States, or the District of Columbia. ARTICLE 3- MEMBER STATE REQUIREMENTS A. To be eligible to join this Compact, and to maintain eligibility as a Member State, a State must: 1. License and regulate the Practice of Massage Therapy; 2. Have a mechanism or entity in place to receive and investigate complaints from the public, regulatory or law enforcement agencies, or the Commission about Licensees practicing in that State; 3. Accept passage of a National Licensing Examination as a criterion for Massage Therapy licensure in that State; 4. Require that Licensees satisfy educational requirements prior to being licensed to provide Massage Therapy Services to the public in that State; 5. Implement procedures for requiring the Background Check of applicants for a Multistate License, and for the reporting of any Disqualifying Events, including but not limited to obtaining and submitting, for each Licensee holding a Multistate License and each applicant for a Multistate License, fingerprint or other biometric-based information to the Federal Bureau of Investigation for Background Checks; receiving the results of the Federal Bureau of Investigation record search on Background Checks and considering the results of such a Background Check in making licensure decisions; 6. Have Continuing Competence requirements as a condition for license renewal; 7. Participate in the Data System, including through the use of unique identifying numbers as described herein; 8. Notify the Commission and other Member States, in compliance with the terms of the Compact and Rules of the Commission, of any disciplinary action taken by the State against a Licensee practicing under a Multistate License in that State, or of the existence of Investigative Information or Current Significant Investigative Information regarding a Licensee practicing in that State pursuant to a Multistate License; 9. Comply with the Rules of the Commission; 10. Accept Licensees with valid Multistate Licenses from other Member States as established herein; B. Individuals not residing in a Member State shall continue to be able to apply for a Member State’s Single-State License as provided under the laws of each Member State. However, the Single-State License granted to those individuals shall not be recognized as granting a Multistate License for Massage Therapy in any other Member State; C. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License; and D. A Multistate License issued to a Licensee shall be recognized by each Remote State as an Authorization to Practice Massage Therapy in each Remote State. ARTICLE 4- MULTISTATE LICENSE REQUIREMENTS A. To qualify for a Multistate License under this Compact, and to maintain eligibility for such a license, an applicant must: 1. Hold an active Single-State License to practice Massage Therapy in the applicant’s Home State; 2. Have completed at least six hundred and twenty-five (625) clock hours of Massage Therapy education or the substantial equivalent which the Commission may approve by Rule. 3. Have passed a National Licensing Examination or the substantial equivalent which the Commission may approve by Rule. 4. Submit to a Background Check; 5. Have not been convicted or found guilty, or have entered into an agreed disposition, of a felony offense under applicable State or federal criminal law, within five (5) years prior to the date of their application, where such a time period shall not include any time served for the offense, and provided that the applicant has completed any and all requirements arising as a result of any such offense; 6. Have not been convicted or found guilty, or have entered into an agreed disposition, of a misdemeanor offense related to the Practice of Massage Therapy under applicable State or federal criminal law, within two (2) years prior to the date of their application where such a time period shall not include any time served for the offense, and provided that the applicant has completed any and all requirements arising as a result of any such offense; 7. Have not been convicted or found guilty, or have entered into an agreed disposition, of any offense, whether a misdemeanor or a felony, under State or federal law, at any time, relating to any of the following: a. Kidnapping; b. Human trafficking; c. Human smuggling; d. Sexual battery, sexual assault, or any related offenses; or e. Any other category of offense which the Commission may by Rule designate. 8. Have not previously held a Massage Therapy license which was revoked by, or surrendered in lieu of discipline to an applicable Licensing Authority; 9. Have no history of any Adverse Action on any occupational or professional license within two (2) years prior to the date of their application; and 10. Pay all required fees. B. A Multistate License granted pursuant to this Compact may be effective for a definite period of time concurrent with the renewal of the Home State license. C. A Licensee practicing in a Member State is subject to all scope of practice laws governing Massage Therapy Services in that State. D. The Practice of Massage Therapy under a Multistate License granted pursuant to this Compact will subject the Licensee to the jurisdiction of the Licensing Authority, the courts, and the laws of the Member State in which the Massage Therapy Services are provided. ARTICLE 5- AUTHORITY OF INTERSTATE MASSAGE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES A. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the Practice of Massage Therapy in that State, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact. B. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Member State to take Adverse Action against a Licensee’s Single-State License to practice Massage Therapy in that State. C. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Remote State to take Adverse Action against a Licensee’s Authorization to Practice in that State. D. Nothing in this Compact, nor any Rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a Licensee’s Home State to take Adverse Action against a Licensee’s Multistate License based upon information provided by a Remote State. E. Insofar as practical, a Member State’s Licensing Authority shall cooperate with the Commission and with each entity exercising independent regulatory authority over the Practice of Massage Therapy according to the provisions of this Compact. ARTICLE 6- ADVERSE ACTIONS A. A Licensee’s Home State shall have exclusive power to impose an Adverse Action against a Licensee’s Multistate License issued by the Home State. B. A Home State may take Adverse Action on a Multistate License based on the Investigative Information, Current Significant Investigative Information, or Adverse Action of a Remote State. C. A Home State shall retain authority to complete any pending investigations of a Licensee practicing under a Multistate License who changes their Home State during the course of such an investigation. The Licensing Authority shall also be empowered to report the results of such an investigation to the Commission through the Data System as described herein. D. Any Member State may investigate actual or alleged violations of the scope of practice laws in any other Member State for a massage therapist who holds a Multistate License. E. A Remote State shall have the authority to: 1. Take Adverse Actions against a Licensee’s Authorization to Practice; 2. Issue cease and desist orders or impose an Encumbrance on a Licensee’s Authorization to Practice in that State. 3. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located. 4. If otherwise permitted by State law, recover from the affected Licensee the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee. 5. Take Adverse Action against the Licensee’s Authorization to Practice in that State based on the factual findings of another Member State. F. If an Adverse Action is taken by the Home State against a Licensee’s Multistate License or Single-State License to practice in the Home State, the Licensee’s Authorization to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from such license. All Home State disciplinary orders that impose an Adverse Action against a Licensee shall include a statement that the Massage Therapist’s Authorization to Practice is deactivated in all Member States during the pendency of the order. G. If Adverse Action is taken by a Remote State against a Licensee’s Authorization to Practice, that Adverse Action applies to all Authorizations to Practice in all Remote States. A Licensee whose Authorization to Practice in a Remote State is removed for a specified period of time is not eligible to apply for a new Multistate License in any other State until the specific time for removal of the Authorization to Practice has passed and all encumbrance requirements are satisfied. H. Nothing in this Compact shall override a Member State’s authority to accept a Licensee’s participation in an Alternative Program in lieu of Adverse Action. A Licensee’s Multistate License shall be suspended for the duration of the Licensee’s participation in any Alternative Program. I. Joint Investigations 1. In addition to the authority granted to a Member State by its respective scope of practice laws or other applicable State law, a Member State may participate with other Member States in joint investigations of Licensees. 2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. ARTICLE 7- ACTIVE DUTY MILITARY AND THEIR SPOUSES Active Duty Military personnel, or their spouses, shall designate a Home State where the individual has a current license to practice Massage Therapy in good standing. The individual may retain their Home State designation during any period of service when that individual or their spouse is on active duty assignment. ARTICLE 8- ESTABLISHMENT AND OPERATION OF INTERSTATE MASSAGE COMPACT COMMISSION A. The Compact Member States hereby create and establish a joint government agency whose membership consists of all Member States that have enacted the Compact known as the Interstate Massage Compact Commission. The Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Article 12. B. Membership, Voting, and Meetings 1. Each Member State shall have and be limited to one (1) delegate selected by that Member State’s State Licensing Authority. 2. The delegate shall be the primary administrative officer of the State Licensing Authority or their designee. 3. The Commission shall by Rule or bylaw establish a term of office for delegates and may by Rule or bylaw establish term limits. 4. The Commission may recommend removal or suspension of any delegate from office. 5. A Member State’s State Licensing Authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy. 6. Each delegate shall be entitled to one vote on all matters that are voted on by the Commission. 7. The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference or other similar electronic means. C. The Commission shall have the following powers: 1. Establish the fiscal year of the Commission; 2. Establish code of conduct and conflict of interest policies; 3. Adopt Rules and bylaws; 4. Maintain its financial records in accordance with the bylaws; 5. Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s Rules, and the bylaws; 6. Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Authority to sue or be sued under applicable law shall not be affected; 7. Maintain and certify records and information provided to a Member State as the authenticated business records of the Commission, and designate an agent to do so on the Commission's behalf; 8. Purchase and maintain insurance and bonds; 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State; 10. Conduct an annual financial review; 11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; 12. Assess and collect fees; 13. Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest; 14. Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; 15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; 16. Establish a budget and make expenditures; 17. Borrow money; 18. Appoint committees, including standing committees, composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws; 19. Accept and transmit complaints from the public, regulatory or law enforcement agencies, or the Commission, to the relevant Member State(s) regarding potential misconduct of Licensees; 20. Elect a Chair, Vice Chair, Secretary and Treasurer and such other officers of the Commission as provided in the Commission’s bylaws; 21. Establish and elect an Executive Committee, including a chair and a vice chair; 22. Adopt and provide to the Member States an annual report. 23. Determine whether a State’s adopted language is materially different from the model Compact language such that the State would not qualify for participation in the Compact; and 24. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact. D. The Executive Committee 1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include: a. Overseeing the day-to-day activities of the administration of the Compact including compliance with the provisions of the Compact, the Commission’s Rules and bylaws, and other such duties as deemed necessary; b. Recommending to the Commission changes to the Rules or bylaws, changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees; c. Ensuring Compact administration services are appropriately provided, including by contract; d. Preparing and recommending the budget; e. Maintaining financial records on behalf of the Commission; f. Monitoring Compact compliance of Member States and providing compliance reports to the Commission; g. Establishing additional committees as necessary; h. Exercise the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and i. Other duties as provided in the Rules or bylaws of the Commission. 2. The Executive Committee shall be composed of seven voting members and up to two ex-officio members as follows: a. The chair and vice chair of the Commission and any other members of the Commission who serve on the Executive Committee shall be voting members of the Executive Committee; and b. Other than the chair, vice-chair, secretary and treasurer, the Commission shall elect three voting members from the current membership of the Commission. c. The Commission may elect ex-officio, nonvoting members as necessary as follows: i. One ex-officio member who is a representative of the national association of State Massage Therapy regulatory boards ii. One ex-officio member as specified in the Commission’s bylaws. 3. The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws. 4. The Executive Committee shall meet at least annually. a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subsection F.4. b. The Executive Committee shall give five business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the Executive Committee intends to address at those meetings. 5. The Executive Committee may hold an emergency meeting when acting for the Commission to: a. Meet an imminent threat to public health, safety, or welfare; b. Prevent a loss of Commission or Participating State funds; or c. Protect public health and safety. E. The Commission shall adopt and provide to the Member States an annual report. F. Meetings of the Commission 1. All meetings of the Commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the Commission’s website at least thirty (30) days prior to the public meeting. 2. Notwithstanding subsection F.1 of this Article, the Commission may convene an emergency public meeting by providing at least twenty-four (24) hours prior notice on the Commission’s website, and any other means as provided in the Commission’s Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Article 10.L. The Commission’s legal counsel shall certify the that one of the reasons justifying an emergency public meeting has been met. 3. Notice of all Commission meetings shall provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting. 4. The Commission may convene in a closed, non-public meeting for the Commission to discuss: a. Non-compliance of a Member State with its obligations under the Compact; b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures; c. Current or threatened discipline of a Licensee by the Commission or by a Member State’s Licensing Authority; d. Current, threatened, or reasonably anticipated litigation; e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; f. Accusing any person of a crime or formally censuring any person; g. Trade secrets or commercial or financial information that is privileged or confidential; h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; i. Investigative records compiled for law enforcement purposes; j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; k. Legal advice; l. Matters specifically exempted from disclosure to the public by federal or Member State law; or m. Other matters as promulgated by the Commission by Rule. 5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes. 6. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction. G. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. 2. The Commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services. 3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States. 4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any Member States, except by and with the authority of the Member State. 5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission. H. Qualified Immunity, Defense, and Indemnification 1. The members, officers, executive director, employees and representatives of the Commission 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 person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder. 2. The Commission shall defend any member, officer, executive director, employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. 4. Nothing herein shall be construed as a limitation on the liability of any Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws. 5. Nothing in this Compact shall be interpreted to waive or otherwise abrogate a Member State’s State action immunity or State action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation. 6. Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the Member States or by the Commission. ARTICLE 9- DATA SYSTEM A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system. B. The Commission shall assign each applicant for a Multistate License a unique identifier, as determined by the Rules of the Commission. C. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including: 1. Identifying information; 2. Licensure data; 3. Adverse Actions against a license and information related thereto; 4. Non-confidential information related to Alternative Program participation, the beginning and ending dates of such participation, and other information related to such participation; 5. Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law); 6. The existence of Investigative Information; 7. The existence presence of Current Significant Investigative Information; and 8. Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the Rules of the Commission. D. The records and information provided to a Member State pursuant to this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a Member State. E. The existence of Current Significant Investigative Information and the existence of Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States. F. It is the responsibility of the Member States to report any Adverse Action against a Licensee who holds a Multistate License and to monitor the database to determine whether Adverse Action has been taken against such a Licensee or License applicant. Adverse Action information pertaining to a Licensee or License applicant in any Member State will be available to any other Member State. G. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State. H. Any information submitted to the Data System that is subsequently expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System. ARTICLE 10- RULEMAKING A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review. B. The Rules of the Commission shall have the force of law in each Member State, provided however that where the Rules of the Commission conflict with the laws of the Member State that establish the Member State’s scope of practice as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict. C. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this article and the Rules adopted thereunder. Rules shall become binding as of the date specified by the Commission for each Rule. D. If a majority of the legislatures of the Member States rejects a Rule or portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State or to any State applying to participate in the Compact. E. Rules shall be adopted at a regular or special meeting of the Commission. F. Prior to adoption of a proposed Rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. G. Prior to adoption of a proposed Rule by the Commission, and at least thirty (30) days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking: 1. On the website of the Commission or other publicly accessible platform; 2. To persons who have requested notice of the Commission’s notices of proposed rulemaking, and 3. In such other way(s) as the Commission may by Rule specify. H. The Notice of Proposed Rulemaking shall include: 1. The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule; 2. If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the Notice of Proposed Rulemaking; 3. The text of the proposed Rule and the reason therefor; 4. A request for comments on the proposed Rule from any interested person; and 5. The manner in which interested persons may submit written comments. I. All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed Rule shall be available to the public. J. Nothing in this article shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this article. K. The Commission shall, by majority vote of all Commissioners, take final action on the proposed Rule based on the Rulemaking record. 1. The Commission may adopt changes to the proposed Rule provided the changes do not enlarge the original purpose of the proposed Rule. 2. The Commission shall provide an explanation of the reasons for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters. 3. The Commission shall determine a reasonable effective date for the Rule. Except for an emergency as provided in subsection L, the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issuing the notice that it adopted or amended the Rule. L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule with 24 hours notice, provided that the usual Rulemaking procedures provided in the Compact and in this article shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately to: 1. Meet an imminent threat to public health, safety, or welfare; 2. Prevent a loss of Commission or Member State funds; 3. Meet a deadline for the promulgation of a Rule that is established by federal law or rule; or 4. Protect public health and safety. M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. N. No Member State’s rulemaking requirements shall apply under this Compact. ARTICLE 11- OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT A. Oversight 1. The executive and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact. 2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct or any such similar matter. 3. The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules. B. Default, Technical Assistance, and Termination 1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default. 2. The Commission shall provide a copy of the notice of default to the other Member States. C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default. D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State’s legislature, the defaulting State’s State Licensing Authority and each of the Member States’ State Licensing Authority. E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. F. Upon the termination of a State’s membership from this Compact, that State shall immediately provide notice to all Licensees who hold a Multistate License within that State of such termination. The terminated State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) days after the date of said notice of termination. G. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State. H. The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. I. Dispute Resolution 1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States. 2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate. J. Enforcement 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this Compact and the Commission’s Rules. 2. By majority vote as provided by Commission Rule, the Commission may initiate legal action against a Member State in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting Member State’s law. 3. A Member State may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. 4. No individual or entity other than a Member State may enforce this Compact against the Commission. ARTICLE 12- EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the seventh Member State. 1. On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the Charter Member States to determine if the statute enacted by each such Charter Member State is materially different than the model Compact statute. a. A Charter Member State whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Article 11. b. If any Member State is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than seven (7). 2. Member States enacting the Compact subsequent to the Charter Member States shall be subject to the process set forth in Article 8.C.23 to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact. 3. All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to the effective date of the Compact or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission. 4. Any State that joins the Compact shall be subject to the Commission’s Rules and bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State. B. Any Member State may withdraw from this Compact by enacting a statute repealing that State’s enactment of the Compact. 1. A Member State’s withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute. 2. Withdrawal shall not affect the continuing requirement of the withdrawing State’s Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal. 3. Upon the enactment of a statute withdrawing from this Compact, a State shall immediately provide notice of such withdrawal to all Licensees within that State. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 180 days after the date of such notice of withdrawal. C. Nothing contained in this Compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact. D. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States. ARTICLE 13. CONSTRUCTION AND SEVERABILITY A. This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes. B. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby. C. Notwithstanding subsection B of this article, the Commission may deny a State’s participation in the Compact or, in accordance with the requirements of Article 11.B, terminate a Member State’s participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters. ARTICLE 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.

Ark. Code Ann. § 17-86-402 Administration of compact — Rules.

(a) The Department of Health is the Interstate Massage Compact administrator for this state. (b) The department may adopt rules that are consistent with the Interstate Massage Compact necessary to implement this subchapter. (c) The department is not required to adopt the rules of the Interstate Massage Compact Commission for the rules of the Interstate Massage Compact Commission to be effective in this state. (d) For the purposes of the member state's ability to reject a rule under Article 10(D) of the Interstate Massage Compact, Arkansas delegates its authority in this provision to the General Assembly or the Legislative Council.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026

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