Brief Description: The Board of Massage Therapists (Board) proposes to adopt regulation changes in Title 12, Chapter 79 of the Alaska Administrative Code, dealing with clarification to license renewal continuing education requirements, grounds for disciplinary sanctions against licensees, and Internet advertising requirements. These changes include:
- 12 AAC 79.200 and 12 AAC 79.210 are proposed to be changed to clarify that continuing education documentation is not required to be provided to the board unless the licensee is audited. A licensee will instead provide an attestation that the required continuing education has been completed.
- 12 AAC 79.905 (Disciplinary sanctions) is proposed to be added to clarify the grounds for which the Board may issue disciplinary sanctions against a licensee, which include failure by a licensee to cooperate with an official Board investigation, failure to report disciplinary action from another entity to the Board within 30 days of the action, and conviction of a crime that affects the licensee’s ability to practice competently or safely.
- 12 AAC 79.950 (Internet advertising requirements) is proposed to be added to require message therapists and massage therapy establishments to include and display their license or registration number on all Internet advertisements and provides a definition for “Internet advertisement.”
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/214177, and using the comment link. The comments must be received not later than 4:30 p.m. on March 25, 2024. Comments received after this deadline will not be considered by the Board.
You may submit written questions relevant to the proposed action to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofMassageTherapists.aspx.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than March 18, 2024 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Stefanie Davis at (907) 465-2537, RegulationsAndPublicComment@alaska.gov, or at https://www.commerce.alaska.gov/web/portals/5/pub/MAS-0523.pdf.
After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
Statutory Authority: AS 08.61.020; AS 08.61.030; AS 08.61.040; AS 08.61.050; AS 08.61.060; AS 08.61.070
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.61.020; AS 08.61.040; AS 08.61.050; AS 08.61.060
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in the occupation's regulations in the Alaska Administrative Code. If you would like to be added to or removed from this list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
DATE: 2/21/2024
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Board of Massage Therapists – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: License renewal continuing education requirements, grounds for disciplinary sanctions, Internet advertising requirements.
3. Citation of regulation: 12 AAC 79.200; 12 AAC 79.210; 12 AAC 79.905; 12 AAC 79.950.
4. Department of Law file number: 2023200592
5. Reason for the proposed action: Development of program standards; compliance with state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2024 or in subsequent years.
9. The name of the contact person for the regulation:
David Edwards-Smith, Licensing Examiner
Alaska Board of Massage Therapists
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
E-mail: david.edwards-smith@alaska.gov
10. The origin of the proposed action: Staff of state agency.
11. Date: 2/21/2024
Prepared by: Stefanie Davis, Regulations Specialist
(907) 465-2537